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04-07-2015 City Commission City Manager Enid Weisman,Mayor Eric M. Soroka, ICMA-CM b ,t "'�e� Enbar Cohen 6� ' City Clerk Teri Holzberg A Ellisa L. Horvath,MMC Denise Landman Marc Narotsky \r /I II ' City Attorney Robert Shelley L �_l t l Weiss Serota Helfman Howard Weinberg Cole&Bierman CITY COMMISSION MEETING AGENDA APRIL 7, 2015 - 6:00 PM Aventura 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 Award • "State of the City" — Mayor Weisman 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. If the public wishes to speak on a matter on the consent agenda they must inform the City Clerk prior to the start of the meeting. They will be recognized to speak prior to the approval of the consent agenda. A. APPROVAL OF MINUTES: • March 3, 2015 Commission Regular Meeting • March 6, 2015 Commission Workshop Meeting • March 18, 2015 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. AVENTURA CITY COMMISSION MEETING AGENDA APRIL7,2015 PAGE 2 C. 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 AUDIT ENGAGEMENT AGREEMENT BETWEEN THE CITY OF AVENTURA AND ALBERNI CABALLERO & HERMAN, LLP; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. D. MOTION TO APPROVE ANNUAL APPROPRIATION OF SCHOLARSHIP AWARD TO KROP HIGH SCHOOL STUDENTS. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO REQUEST THE FLORIDA DEPARTMENT OF TRANSPORTATION TO LEASE TO THE CITY OF AVENTURA LAND REFERRED TO IN EXHIBIT "A" SITUATED NEAR EAST DIXIE HIGHWAY AND NE 206TH STREET FOR PUBLIC PURPOSE TO BE UTILIZED BY THE AVENTURA POLICE DEPARTMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;PROVIDING AN EFFECTIVE DATE. F. A RESOLUTION OF THE CITY OF AVENTURA,FLORIDA,SUPPORTING THE TOWN OF SURFSIDE'S RESOLUTION URGING THE STATE OF FLORIDA LEGISLATURE AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION("FDEP")TO ESTABLISH CHEMICAL TESTING STANDARDS PRIOR TO ISSUING A COASTAL CONSTRUCTION CONTROL LINE ("CCCL") PERMIT WHICH AUTHORIZES THE TRANSFER AND PLACEMENT OF EVACUATED SAND SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE ONTO A PUBLIC BEACH; PROVIDING DIRECTION TO THE CITY CLERK; AND PROVIDING FOR AN EFFECTIVE DATE. G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 15-03- 18-2, NE 29 PL NORTH DRAINAGE AND ROAD RESURFACING IMPROVEMENTS TO WILLIAMS PAVING COMPANY, INC. AT THE BID PRICE OF $528,491.62; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS;AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION;PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING THE FIRM OF TIDAL BASIN GOVERNMENT CONSULTING, LLC TO PERFORM PROFESSIONAL DISASTER DEBRIS MONITORING SERVICES RELATIVE TO RFP NO. 15-03-11-2, DISASTER DEBRIS MONITORING SERVICES;AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS AND FEES FOR SAID SERVICES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;AND PROVIDING AN EFFECTIVE DATE. AVENTURA CITY COMMISSION MEETING AGENDA APRIL 7,2015 PAGE 3 6. ZONING HEARINGS-QUASI-JUDICIAL PUBLIC HEARINGS: Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items,please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony,including public testimony and evidence,will be made under oath or affirmation. Additionally,each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses,but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi- judicial procedures may be obtained from the Clerk. A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE SALE AND SERVICE OF BEER,WINE AND CHAMPAGNE AT THE BELUGA CAVIAR BAR AT KIOSK K-2000 IN THE AVENTURA MALL AT 19501 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR CONDITIONS OF APPROVAL;PROVIDING FOR AN EFFECTIVE DATE. B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING SIGN VARIANCE FOR BEALLBERRY LLC, ON PROPERTY LOCATED AT 21211 BISCAYNE BOULEVARD, CITY OF AVENTURA;PROVIDING AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE SALE OF BEER AND WINE IN A GROCERY SECTION OF THE BED BATH& BEYOND STORE LOCATED AT 19205 BISCAYNE BOULEVARD, CITY OF AVENTURA, NOTWITHSTANDING THE SPACING AND DISTANCE REQUIREMENTS FOR THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES REGULATED BY SECTION 4-2(a)AND SECTION 4-2(b)OF THE CITY CODE;PROVIDING FOR AN EFFECTIVE DATE. 7. ORDINANCES-FIRST READING/PUBLIC INPUT: CITY COMMISSION, IN ITS CAPACITY AS THE AVENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2014-07, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2014/2015 (JULY 1 — JUNE 30) BY REVISING THE 2014/2015 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT"A"ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. AVENTURA CITY COMMISSION MEETING AGENDA APRIL 7,2015 PAGE 4 8. ORDINANCES-SECOND READING/PUBLIC HEARING: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2014-10 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2014/2015 FISCAL YEAR BY REVISING THE 2014/2015 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE;PROVIDING FOR AN EFFECTIVE DATE. 9. RESOLUTIONS—PUBLIC HEARING: None 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None 13. ADJOURNMENT FUTURE MEETINGS* COMMISSION MEETING—APRIL 16,2015 AT 9 AM EXECUTIVE CONFERNCE ROOM(5TH FLOOR) COMMISSION WORKSHOP—APRIL 16,2015 FOLLOWING 9 AM MEETING EXECUTIVE CONFERENCE ROOM(5TH FLOOR) COMMISSION MEETING—MAY 5,2015 AT 6 PM COMMISSION CHAMBER COMMISSION WORKSHOP—MAY 21,2015 AT 9 AM EXECUTIVE CONFERENCE ROOM(5TH FLOOR) *Meeting dates and times are subject to change.Please check the City's website for the most current schedule. This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990,all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk,305-466-8901,not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance and may participate at the meeting. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club Drive,Aventura,Florida,33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901. The City lH &�fi _.._Q!_ l ...l CITY COMMISSION REGULAR MEETING MINUTES MARCH 3, 2015 — 6:00 P.M. Aventura Government Center 19200 W. Country Club Drive Aventura. Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6:00 p.m. Present were the following: Mayor Enid Weisman, Vice Mayor Teri Holzberg, Commissioner Enbar Cohen, Commissioner Denise Landman, Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner Howard Weinberg, City Manager Eric M. Soroka, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was led by Sonia Harrison, Police Department. 3. AGENDA: REQUESTS FOR DELETIONS /EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: • Proclamation — Chief Brian G. Anderson: Mayor Weisman presented Chief Anderson with a proclamation, recognizing his retirement from the Fire Department. • Employee Service Awards: Mr. Soroka presented Police Department Employee Sonia Harrison with an award, recognizing her fifteen years of service. • Report on Northeast Library Branch in Aventura: Representatives from the Miami -Dade Public Library System provided a presentation on the new library branch in Aventura, anticipated to open in April /May. 5. CONSENT AGENDA: There were no requests from the public to address the Commission. A motion to approve the items on the Consent Agenda was offered by Commissioner Landman, seconded by Commissioner Weinberg, and passed unanimously by roll call vote. The following action was taken: A. Minutes were approved as follows: • February 3, 2015 Commission Regular Meeting • February 20, 2015 Commission Workshop Meeting B. Resolution No. 2015 -14 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. Aventura City Commission Meeting Minutes — March 3, 2015 Page 2 C. Resolution No. 2015 -15 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID /CONTRACT FOR BID NO. 15- 01-26-2, CITY OF AVENTURA MAINTENANCE AND REPAIR FOR CITY ROADS, STREETS AND FACILITIES TO D. CORP. CONSTRUCTION, INC., ENVIRO WASTE SERVICES GROUP, INC., SOLO CONSTRUCTION & ENGINEERING, INC., AND WEEKELY ASPHALT PAVING, INC. AT THE INDIVIDUAL BID PRICES AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. D. Resolution No. 2015 -16 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID /CONTRACT FOR BID NO. 15- 02-02-2, SOFFER TRAIL PAVEMENT RESTORATION, TO FLORIDA BLACKTOP, INC. AT THE BID PRICE OF $85,408.68; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. E. Resolution No. 2015 -17 was adopted as follows: A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, ENCOURAGING THE MIAMI -DADE BOARD OF COUNTY COMMISSIONERS TO ADOPT A PLAN OF ACTION TO ADDRESS SEA LEVEL RISE; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE MAYOR AND COUNTY COMMISSIONERS OF MIAMI -DADE COUNTY, FLORIDA, THE MIAMI -DADE COUNTY LEAGUE OF CITIES, INC. AND MUNICIPALITIES IN MIAMI -DADE COUNTY; AND PROVIDING FOR AN EFFECTIVE DATE. F. Motion was approved as follows: MOTION TO ACCEPT FOR FILING OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2014 AND THE LETTER DATED FEBRUARY 19, 2015 ATTACHED HERETO AS ATTACHMENT "A ". G. Motion was approved as follows: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $322,700 FOR RIFLES, BALLISTIC HELMETS, SWAT TRANSPORT VEHICLE, RADIO HEADSETS, SMART BOARD TVS AND EQUIPMENT FROM THE FEDERAL POLICE FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. Aventura City Commission Meeting Minutes — March 3, 2015 Page 3 H. Resolution No. 2015 -18 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 MIAMI GARDENS 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. I. Resolution No. 2015 -19 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING A RANKING OF FIRMS TO PERFORM AUDITING SERVICES; AUTHORIZING THE CITY MANAGER OF THE CITY OF AVENTURA, FLORIDA ON BEHALF OF SAID CITY TO NEGOTIATE FOR SAID SERVICES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 6. ZONING HEARINGS: QUASI- JUDICIAL PUBLIC HEARINGS: Mr. Wolpin reviewed the quasi - judicial procedures and read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31- 144(e)(4)c.2. OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A FLOOR AREA RATIO OF 1.41, WHERE A FLOOR AREA RATIO OF 1.39 IS PERMITTED BY CODE, FOR THE `ONE AVENTURA EXECUTIVE CENTER' CONDOMINIUM OFFICE BUILDING AT 20900 NE 30 AVENUE, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. Mrs. Horvath administered the oath to all those wishing to offer testimony. A motion for approval was offered by Vice Mayor Holzberg and seconded by Commissioner Cohen. Community Development Director Joanne Carr addressed the Commission and entered the staff report into the record, which recommended approval, subject to the conditions specified in Section 1 of the resolution. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Resolution No. 2015- 20 was adopted. Aventura City Commission Meeting Minutes — March 3, 2015 Page 4 7. ORDINANCES - FIRST READING — PUBLIC INPUT: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2014 -10 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2014/2015 FISCAL YEAR BY REVISING THE 2014/2015 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Shelley and seconded by Commissioner Narotsky. Mr. Soroka explained the Ordinance. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and the Ordinance passed on first reading. 8. ORDINANCES - SECOND READING /PUBLIC HEARING: None. 9. RESOLUTIONS - PUBLIC HEARING: None. 10. REPORTS: None. 11. PUBLIC COMMENTS: The following members of the public provided comments: Jonathan Rogoff (19101 Mystic Pointe Drive #505, Aventura) — Director of Marketing for Aventura -Sunny Isles Beach Chamber of Commerce. 12. OTHER BUSINESS: None. 13. ADJOURNMENT: There being no further business to come before the Commission at this time, a motion to adjourn was offered by Vice Mayor Holzberg, seconded by Commissioner Landman, and passed unanimously. The meeting was adjourned at 6:56 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Commission on April 7, 2015. The City of Avjia R . 191 CITY COMMISSION WORKSHOP MEETING MINUTES MARCH 6, 2015 — 2:30 P.M. Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 CALL TO ORDER /ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 2:49 p.m. The following were present: Mayor Enid Weisman, Vice Mayor Teri Holzberg, Commissioner Enbar Cohen, Commissioner Denise Landman, Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner Howard Weinberg, City Manager Eric M. Soroka, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 1. LEGISLATIVE UPDATE — RON BOOK, CITY LOBBYIST: Mr. Book provided an overview on the current legislative session and reported on the following items: • $3 billion deficit in the State budget due to Medicaid expansion opposition • Red light camera debate • End of the week reports • The City's goal /priority list • The Legislature meeting in January and February next year as an experiment • Dade Days in Tallahassee • Votes unchanged in pension reform in the Senate • Potential impact of the Bill on Aventura, regarding gambling • House Bill 583 (Single Sex Public Utilities) and Senate Bill 616 (Educational Accountability) Mr. Book will add updates on House Bill 817 (Transportation Network Companies), to the reports provided to the Commission. 2. ADJOURNMENT: There being no further business to come before the Commission at this time, a motion to adjourn was offered by Commissioner Narotsky, seconded by Commissioner Landman, and passed unanimously. The meeting was adjourned at 4:09 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Commission on April 7, 2015. hTCky Of CITY COMMISSION Aventura Government Center efitura WORKSHOP MEETING MINUTES 19200 W. Country Club Drive Aventura, Florida 33180 MARCH 18, 2015 — 8:00 A.M. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 8 :00 a.m. The following were present: Mayor Enid Weisman, Vice Mayor Teri Holzberg, Commissioner Enbar Cohen, Commissioner Denise Landman, Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner Howard Weinberg, City Manager Eric M. Soroka, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. Mayor Weisman left the meeting at this time. 1. AVENTURA HOSPITAL AND MEDICAL CENTER TRAUMA CENTER LETTER OF SUPPORT (City Manager): Mr. Soroka explained the request from Aventura Hospital and Medical Center for a letter from the Commission, supporting its application to become a trauma center. C_ ity Manager Summary: It was the consensus of the City Commission to provide a joint letter from the Commission, supporting the Aventura Hospital and Medical Center's application. Mayor Weisman returned to the meeting. 2. AACC 5T" YEAR CELEBRATION GALA UPDATE (City Manager): Mr. Soroka reported on plans for the Aventura Arts & Cultural Center's Gala as follows: scheduled for October 23, 2015, with Bernadette Peters under contract as the act, and a ticket cost of $225 per person. City Manager Summary: It was the consensus of the City Commission to move forward with the plans as presented. 3. DEVELOPMENT PROJECT UPDATE (City Manager): Mr. Soroka reviewed applications for the following projects: Lavida (6 townhomes) and Port Aventura (18 stories — 204 units). It was noted that no variance applications had been submitted for either project. City Manager Summary: No action. 5. PROPOSED CITY ORDINANCE TO BAN THE USE OF ELECTRONIC CIGARETTES IN PUBLIC PLACES (Commissioner Weinberg): Commissioner Weinberg reviewed a proposed ordinance, to ban the use of electronic cigarettes in public places, following the same rules as imposed on regular cigarettes. City Manager Summary: It was the consensus of the City Commission to table the item, until further research was available or action was taken on the State and /or County level. Aventura City Commission Workshop Meeting Minutes — March 18, 2015 Page 2 6. PROPOSED RESOLUTION TO ESTABLISH TESTING STANDARDS PRIOR TO ISSUING COASTAL CONSTRUCTION CONTROL LINE PERMIT (Commissioner Weinberg): Commissioner Weinberg suggested that a resolution be considered supporting the Resolution passed by the Town of Surfside (urging State law to require chemical testing of sand before placement on the beach). City Manager Summary: It was the consensus of the City Commission to place a resolution on the April Commission Agenda, supporting the Town of Surfside's Resolution. 4. FDOT UPDATE — HAROLD DESDUNES, P.E., DIRECTOR OF TRANSPORTATION DEVELOPMENT: Mr. Desdunes provided an overview of the Aventura Improvement Projects (Florida Department of Transportation District Six). At the request of Mayor Weisman, Mr. Desdunes will provide information on the amount of revenue that is spent on the Northeast corridor. City Manager Summary: It was the consensus of the Commission for Commissioner Landman and Commissioner Narotsky (as the alternate), to represent the Commission at the FDOT meetings. Mr. Desdunes will provide a calendar of meetings for District 6. 7. TELEVISING OF CITY COMMISSION MEETINGS AND USE OF CITY TELEVISION CHANNEL (Commissioner Weinberg): Commissioner Weinberg suggested that the web site and television channel be enhanced, to allow for live viewing of the Commission meetings, as well as a means to display other City - related items. Mr. Soroka reported that the meeting video archives would be provided online in October, as part of the next budget. City Manager Summary: It was the consensus of the City Commission for the City Manager to develop a partnership with Krop High School, for filming major City events. An item to discuss the City's media needs will be provided on the April Workshop Meeting Agenda. 8. ADJOURNMENT: There being no further business to come before the Commission, the meeting was adjourned by consensus at 9:30 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Commission on April 7, 2015. CITY OF AVENTURA OFFICE OF THE CITY MANAGER DUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, Ci n ager DATE: March 31, 2015 SUBJECT: Resolution Declaring Equipmkt gurplus April 7, 2015 Commission Meeting Agenda Item 5_6 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. 2015- 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 Denise Landman Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Teri Holzberg Mayor Enid Weisman City of Aventura Resolution No. 2015 -_ Page 2 PASSED AND ADOPTED this 7th day of April, 2015. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA INFORMATION TECHNOLOGY DEPARTMENT TO: Eric M. Soroka, CityfM$naber FROM: Karen J. Lanke, Inf3dxipatiok Technology Director DATE: March 30, 2015 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 Brand Model Serial Serial Number Number Type APC Back -Ups Pro 700 1 X UPS APC Back - Ups Pro 700 1 360950X36480 UPS APC Back -Ups RS800 1 1 5130746U32413 UPS APC Back -Ups RS800 1 5B0845T47115 UPS APC Back -Ups RS800 -- -- APC Back -Ups RS800 - APC Back -Ups RS800 1 - 1 - 1 - 360928X28454 5B0750U09715 - - 560850721686 _ UPS - UPS UPS APC Back -Ups RS800 1 380928X28460 APC Back -Ups RS800 1 360928X30076 UPS APC APC Battery -- Battery 1 1 N/A N/A - _ Battery Battery APC Net Shelter SX 42U Rack with Fan & PDU 1 - N/A - Server Cabinet Brother HL-2040 1 G7J234944 Printer Dell 1504FP 1 MX- 03X966 - 47605- 39Q -CZN8 Monitor Dell 1704FPTt 1 CN- 0Y4299- 71618 - 563 -CGNM Monitor Dell 1704FPTt 1 CN- OPM372- 72872- 73F -OLAL Monitor Dell 1707FPt - 1 CN- OCC280- 71618 - 682 -BT6N - Monitor Dell . Latitude E6410 - 1 - 6164SM1 - -- Laptop Dell Latitude E6410 - 1 9ZP4SM1 Laptop Dell Latitude E6410 1 -- 5TP4SM1 Laptop Dell I Optiplex 745 1 - GTQK2D1 - - Desktop Dell Optiplex 755 1 FYDRXFI Desktop Dell - Optiplex780 1 3S1KKN1 Desktop Dell P2011 Ht - - 1 CN- 0YR64P- 74445- 17U -G4FS Monitor Dell W3202MH 1 - -- CN- OWD864- 12963- 69L -09JW - TV Dell W3202MH 1 CN- OWD864- 12963 - 69L -09JX TV HP LaserJet P4014n 1 CNDX195335 Printer HP OfficeJet 6000 1 CN07M1 FOYJ Printer HP OfficeJet 7500A Wide Format _ 1 MYOC31118B Printer HP OfficeJet J6480 1 MY88SB90YF Printer HP IBM Photosmart 7550 I B M R 10000 RTH 1 1 CN2AV42002 IS0905002481 Printer UPS IBM SUFSUR25 1 NS0631025363 UPS Keytrak Desktop 1 1 1 1 KTBXP06319 AE8C017302CO UY325A0737 AABPKOW Desktop Printer UPS -- Optical Transmitter Oki Microline 420 Powerware PW5115 1000 USB Scientific Atlanta — Prisma 6473 -, Zebra Zebra Zebra Zebra RW420 RW420 RW420 RW420 1 1 1 1 XXRC09 -30 -0042 AZRC08 -15 -5052 XXRCJ122200104 XXRCJ104400278 Printer Printer Printer Printer Page 1 of 1 3/30/2015 CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City Manager BY: Brian K. Raducci, Finance Director DATE: March 16, 2015 SUBJECT: Audit Engagement Agreement April 7, 2015 Commission Meeting Agenda Item J—G Recommendation It is recommended that the City Commission adopt the attached Resolution which authorizes the City Manager to execute the Audit Engagement Agreement specifying scope of services and fees for Alberni Caballero & Fierman, LLP (AC &F) to serve as the City's Independent Auditors for the fiscal years ended September 30, 2015 through September 30, 2019 for the City's Comprehensive Annual Financial Report (CAFR) and June 30, 2016 through June 30, 2020 for the Charter School. Background At the March 3, 2015 Commission meeting, the City Commission adopted Resolution No. 2015 -19 which establishing a ranking of firms to perform the City's independent audit. That Resolution was the culmination of a process that included an advertisement of the associated RFP (in the Daily Business Review) and the posting of the solicitation package (on www.demandstar.com) on January 9, 2015. An evaluation was made by an audit committee consisting of the City Manager, Finance Director and Controller, who interviewed four (4) firms and subsequently made final recommendation to the City Commission. Resolution No. 2015 -19 included the committee's ranking of Audit Firms in order of preference (with 1 being the best): 1. Alberni Caballero & Fierman, LLP 2. Grau & Associates 3. McGladrey LLP 4. GLSC & Company, PLLC Page (2) Memo to City Commission Audit Engagement Agreement The Resolution authorized staff to negotiate contract pricing with the top ranked firm and if unsuccessful with the next ranked firm. The attached Audit Engagement Agreement contains the scope of services and fees for the audit for each of the City's 2014 /15 fiscal year and the 2015/16 Charter School year with the top ranked firm. The fees have been negotiated and are shown on pages 3 -4 of the agreement as follows. Compensation for City's 2014/15 Annual Audit $38,000.00 These Fees include out -of- pocket expenses and the cost of drafting, typing and binding twenty (20) copies of the Comprehensive Annual Financial Report (CAFR). (the current fee for this service is $45,800, resulting in a projected annual savings of $7,800 or nearly $39, 000 over 5 years). Compensation for Charter School 2010/11 Annual Audit $11,000.00 (the current fee for this service is $13,600, resulting in a projected annual savings of $2,600, or nearly $13, 000 over 5 years). These Fees include out -of- pocket expenses and the cost of drafting, typing and binding twenty (20) copies of the Audited Financial Statements of the Charter School. The Fee for subsequent contract years, ending 2016, 2017, 2018 and 2019 will be adjusted from the current contract Fee using the Consumer Price Index for "All Urban Consumers for Miami /Fort Lauderdale, Florida" as published by the U.S. Department of Labor Statistics or its successor agency for the twelve (12) months ending July of each year to be effective for the next engagement. Should you have any questions, please feel free to contact the City Manager. BKR /bkr RESOLUTION NO. 2015- 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 AUDIT ENGAGEMENT AGREEMENT BETWEEN THE CITY OF AVENTURA AND ALBERNI CABALLERO & FIERMAN, LLP; 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 of Aventura, pursuant to applicable state law, has solicited and reviewed proposals from firms to perform the City's independent audit; and WHEREAS, Resolution No. 2015 -19 established a ranking of firms to serve as said auditor and authorized negotiations with the top ranked firm; and WHEREAS, City Staff has negotiated fees and scope of services with the top rated firm (Alberni Caballero & Fierman, LLP) and recommends approval of the Audit Engagement Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized on behalf of the City of Aventura to execute and otherwise enter into that certain Audit Engagement Agreement between the City of Aventura and Alberni Caballero & Fierman, LLP for auditing services. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described in Section 1 above, and to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen Commissioner Denise Landman Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Teri Holzberg Mayor Enid Weisman City of Aventura Resolution No. 2015 -_ Page 2 PASSED AND ADOPTED this 7th day of April, 2015. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY AUDITOR AGREEMENT THIS IS AN AGREEMENT, dated the _ day of April, 2015, by and between: THE CITY OF AVENTURA, a municipal corporation of the State of Florida, with a business address of 19200 W. Country Club Drive, Aventura, Florida 33180, hereinafter referred to as "CITY," and Alberni Caballero & Fierman, LLP, authorized to do business in the State of Florida, with a business address of 4649 Ponce de Leon Boulevard, Suite 404 Coral Gables, FL 33146, hereinafter referred to as "AUDITORS." WITNESSETH: In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and AUDITORS agree as follows: ARTICLE 1 PREAMBLE In order to establish the background, context and form of reference for this Agreement and to generally express the objectives, and intentions of the respective parties herein, the following statements, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which follow and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 1.1 On January 11, 2015, the CITY advertised its request for proposal No. 15- 02 -09 -2 (hereinafter, "RFP ") which set forth the CITY's desire to hire a firm to provide: Independent Audit Services for the City of Aventura RFP No. 15- 02 -09 -2 1.2 On February 9, 2015, the responses to the RFP were opened at the offices of the City Manager. 1.3 On March 3, 2015, the CITY Commission selected and ranked four (4) firms from the list of proposers and authorized the CITY Administration to negotiate the terms of an agreement with the highest proposer. 1.4 On April 7, 2015, the CITY awarded the RFP to AUDITORS and authorized the proper City officials to enter into this Agreement with AUDITORS to render the professional services more particularly described herein below. Page 1 of 10 1.5 Negotiations pertaining to the services to be performed by the AUDITORS were undertaken and this Agreement incorporates the results of such negotiation. ARTICLE 2 SERVICES AND RESPONSIBILITIES 2.1 AUDITORS hereby agree to perform the professional auditing services described in request for proposal No. 15- 02 -09 -2 Section III labeled "NATURE OF SERVICES REQUIRED" attached hereto as Exhibit "A." In case of a conflict or a perceived conflict, between the terms and conditions set forth in Exhibit "A" and the AUDITORS Proposal for Annual Independent Audit Services, Exhibit "A" shall govern. 2.2 During the conduct of the audit, AUDITORS shall schedule regular meetings, with the CITY's Finance Director or designee at least weekly to discuss the progress of the work. 2.3 AUDITORS shall furnish all services, labor, equipment, and materials necessary and as may be required in the performance of this Agreement and all work performed under this Agreement shall be done in a professional manner. 2.4 AUDITORS hereby represent to CITY, with full knowledge that CITY is relying upon these representations when entering into this Agreement with AUDITORS, that AUDITORS have the professional expertise, experience and manpower to perform the services to be provided by AUDITORS pursuant to the terms of this Agreement. ARTICLE 3 TIME FOR PERFORMANCE AUDITORS shall perform the services identified in Article 2 and Exhibit "A" hereof and deliver to the CITY in final form the report of the independent auditor, management letter, the single audit report, and any other report as required for each fiscal year by no later than February 15th of each year for the City's Audit and no later than August 19th for the Charter School audit of each year during the term of this Agreement. Minor adjustments to the timetable for completion approved by CITY in advance, in writing, will not constitute non- performance by AUDITORS per this Agreement. Additional services requested by City Manager, or changes in scope, will be reviewed and any impact on the schedule determined and the schedule modified accordingly. Page 2 of 10 ARTICLE 4 DELAY IN PERFORMANCE 4.1 Liquidated Damages for Delay 4.1.1 CITY shall be entitled to retain the sum of One Hundred and Fifty Dollars ($150.00) for each day, or part thereof, that the work remains uncompleted beyond the timetable set forth in Article 3 hereof when such delay is caused by the failure of the AUDITOR to perform as agreed herein. It is recognized and agreed that damages in such events are difficult to ascertain, though great and irreparable, and that this agreement with respect to liquidated damages shall in no event disentitle CITY to injunctive relief and this sum is not construed as a penalty. 4.1.2 Anything to the contrary notwithstanding minor adjustments to the timetable for completion approved by CITY in advance, in writing, will not constitute a delay by AUDITORS for which liquidated damages are due. Furthermore, a delay due to an Act of God, fire, lockout, strike or labor dispute, riot or civil commotion, act of public enemy or other cause beyond the control of AUDITORS shall extend this Agreement for a period equal to such delay and during this period such delay shall not constitute a delay by AUDITORS for which liquidated damages are due. ARTICLE 5 COMPENSATION AND METHOD OF PAYMENT 5.1 CITY agrees to compensate AUDITORS for all services performed by AUDITORS pursuant to the provisions of this Agreement in AN AMOUNT NOT TO EXCEED Forty Nine Thousand Dollars and No Cents ($49,000.00) (the "Fee "). This amount may not be exceeded without a written amendment to this Agreement. This Fee is broken down for each segment of the various required audits as follows: Compensation for City's Annual Audit $38,000.00 These Fees include out -of- pocket expenses and the cost of drafting, typing and binding twenty (20) copies of the Comprehensive Annual Financial Report (CAFR) and providing a "converted" (not scanned) signed electronic copy in PDF. Compensation for Charter School Annual Audit $11,000.00 These Fees include out -of- pocket expenses and the cost of drafting, typing and binding twenty (20) copies of the Audited Financial Statements of the Charter School and providing a "converted" (not scanned) signed electronic copy in PDF. The Fee for subsequent contract years, ending 2016, 2017, 2018 and 2019 will be adjusted from the current contract Fee using the change in the Consumer Price Index for "All Urban Consumers for Miami /Fort Lauderdale, Florida" as published by the U.S. Page 3 of 10 Department of Labor Statistics or its successor agency for the twelve (12) months ending July of each year to be effective for the next engagement. 5.2 Method of Billing and Payment. 5.2.1 AUDITORS shall be entitled to invoice monthly based on the hours of work completed during the course of the engagement and out -of- pocket expenses incurred as accepted by CITY. Invoices shall be submitted in sufficient detail to demonstrate compliance with the terms of this Agreement. 5.2.2 CITY will make its best efforts to pay AUDITORS within thirty (30) days of receipt of proper invoice the total shown to be due on such invoice. 5.2.3 Payment will be made to AUDITORS at: Alberni Caballero & Fierman, LLP 4649 Ponce de Leon Boulevard, Suite 404 Coral Gables, FL 33146 ARTICLE 6 CHANGES IN SCOPE OF WORK CITY orAUDITORS may request changes that would increase decrease or otherwise modify the Scope of Services to be provided under this Agreement. Such changes must be in accordance with the provisions of the Code of Ordinances of the CITY and must be contained in a written amendment, executed by the parties hereto, with the same formality and with equality and dignity prior to any deviation from the terms of this Agreement, including the initiation of any extra work. In no event will the AUDITORS be compensated for any work which has not been described in a separate written agreement executed by the parties hereto. Provided, however, notwithstanding the foregoing if the addition of such additional services will not exceed the Fee set forth in 5.1 above and the AUDITORS agree to be compensated in accordance with the hourly rate set forth in Exhibit "B" the City Manager may authorize such additional work in writing. ARTICLE 7 MISCELLANEOUS 7.1 Ownership of Documents. Reports, surveys, studies and other data provided in connection with this Agreement are and shall remain the property of CITY whether or not the project for which they are made is completed. 7.1.1 AUDITORS further acknowledge that CITY may post its audited financial statements on CITY's website. Such statements may be posted by CITY without the prior authorization of AUDITORS. No additional fee or compensation will be paid to the AUDITORS by CITY for such posting. Page 4 of 10 7.1.2 The CITY will include its audited financial statements in any offering statement without the prior authorization of the AUDITORS. AUDITORS acknowledge that they will assist and provide their services to CITY, at no additional expense to CITY, in the event that CITY requests AUDITORS to review and provide comments on the unaudited material or information associated with any audited financial statement which is included in an offering statement related to any bond transaction of CITY. 7.2 Term and Termination 7.2.1 This Agreement may be terminated by either party for cause, or by the CITY for convenience, upon thirty (30) days written notice by the CITY to AUDITORS in which event the AUDITORS shall be paid their compensation for services performed to termination date. In the event that the AUDITORS abandon this Agreement or cause it to be terminated, they shall indemnify the CITY against any loss pertaining to this termination up to a maximum of the full contracted fee amount. All finished or unfinished documents, data, studies, surveys and reports prepared by AUDITORS shall become the property of CITY and shall be delivered by AUDITORS to CITY. 7.2.2 This Agreement shall take effect as of the date of award by the City Commission and shall end upon the AUDITORS completion of the work described herein, however, such date shall not be later than no later than February 15, 2017 for the City's Audit and no later than August 19, 2017 for the Charter School audit. Thereafter, this Agreement may be renewed for three (3) additional one (1) year periods subject to Agreement by both parties, and providing that all terms, conditions and specifications remain the same. 7.3 Records. AUDITORS shall keep books and records and require any and all subcontractors to keep books and records as may be necessary in order to record complete and correct entries as to personnel hours charged to this engagement, and any expenses for which AUDITORS expect to be reimbursed. Such books and records will be available at all reasonable times for examination and audit by CITY and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement, unless contacted by CITY and advised such records must be kept for a longer period. AUDITORS shall further be required to respond to the reasonable inquiries of successor auditors and allow successor auditors to review AUDITORS' working papers related to matters of continuing accounting, reporting or auditing significance. Incomplete or incorrect entries in such books and records will be grounds for disallowance by CITY of any fees or expenses based upon such entries. Page 5 of 10 7.4 Indemnification 7.4.1 The AUDITORS shall protect, defend, reimburse, indemnify and hold harmless the CITY and the CITY'S officers, agents and employees free and harmless from and against any and all claims, losses, penalties, damages, settlements, costs, charges, attorneys or other professional fees, or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions or proceedings directly or indirectly arising out of or resulting from the mistakes or negligence, gross negligence, willful and wanton acts and the performance of this Agreement by the AUDITORS, or their respective officers, employees, agents, servants, partners or principals. The AUDITORS agree to investigate, respond, adjust and provide a defense for any such claims, demands, and actions at AUDITORS' sole expense and agrees to bear and remain liable for all such other costs and expenses relating thereto, even if such claim is groundless, false or fraudulent. Notwithstanding the foregoing, AUDITORS' indemnity shall not extend to liability for damages to persons or property to the extent such damage was caused by any act, omission, or default of the CITY, or by the CITY'S officers, agents and employees. 7.4.2 The parties recognize that various provisions of this Agreement, including but not necessarily limited to this Section, provide for indemnification by the AUDITORS and that Florida law may require a specific consideration be given therefore. The parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by AUDITORS. Furthermore, the parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. 7.5 Insurance. 7.5.1 The AUDITORS shall not commence work under this Agreement until they have obtained all insurance required under this paragraph and such insurance has been approved by the City Manager of the CITY nor shall the AUDITORS allow any Subcontractor to commence work on his sub - contract until all similar such insurance required of the subcontractor has been obtained and approved. Page 6 of 10 7.5.2 Certificates of insurance, reflecting evidence of the required insurance shall be filed with the City's Risk Manager prior to the commencement of this Agreement. These Certificates shall contain a provision that coverage's afforded under these policies will not be cancelled until at least forty -five days (45) prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business under the laws of the State of Florida. The Financial Strength Rating and the Financial Size category must be "B +" and "VI" or higher, respectively according to the latest edition of "Best Key Rating Guide," published by A.M. Best Guide. 7.5.3 Insurance shall be in force until the obligations required to be fulfilled under the terms of the Agreement are satisfied. In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the period of this Agreement, then in that event, the AUDITORS shall furnish, at least forty -five (45) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of the period of the Agreement and extension there under is in effect. The AUDITORS shall not commence nor continue to provide any services pursuant to this Agreement unless all required insurance remains in full force and effect. AUDITORS shall be liable to CITY for any lapses in service resulting from a gap in insurance coverage. 7.5.4 REQUIRED INSURANCE 7.5.4.1. PROFESSIONAL LIABILITY insurance. Limit of $1,000,000 per occurrence The City does not require AUDITORS to name City as "additional insured" 7.5.4.2. WORKERS' COMPENSATION insurance shall be maintained during the life of this Agreement to comply with statutory limits for all employees, and in the case any work is sublet, the AUDITORS shall require the Subcontractors similarly to provide Workers' Compensation Insurance for all the latter's employees unless such employees are covered by the protection afforded by the AUDITORS. The AUDITORS and their subcontractors shall maintain during the life of this policy Employers Liability Insurance. The following limits must be maintained: Workers' Compensation Statutory Employer's Liability $100,000 — Each Accident $500,000 — Disease - policy limit $100,000 — Disease -each employee If AUDITORS claim to be exempt from this requirement, AUDITORS shall provide CITY proof of such exemption along with a written request for CITY to exempt AUDITORS, written on AUDITORS' letterhead. Page 7 of 10 7.5.4.3 The CITY reserves the right to require any other insurance coverage it deems necessary depending upon the exposures. 7.6 Independent Contractor. This Agreement does not create an employee /employer relationship between the parties. It is the intent of the parties that the AUDITORS are independent contractors under this Agreement and not the CITY's employees for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers' Compensation Act, and the State unemployment insurance law. The AUDITORS shall retain sole and absolute discretion in the judgment of the manner and means of carrying out AUDITORS' activities and responsibilities hereunder. The AUDITORS agree that they are a separate and independent enterprise from the CITY, that they have full opportunity to find other business, that they have to make their own investment in their business, and that they will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the AUDITORS and the CITY and the CITY will not be liable for any obligation incurred by AUDITORS, including but not limited to unpaid minimum wages and /or overtime premiums. 7.7 Assignments; Amendments. 7.7.1 This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by AUDITORS without the prior written consent of CITY. However, this Agreement shall run to the benefit of CITY and its successors and assigns. 7.7.2 It is further agreed that no modification, amendment or alteration in the terms or conditions contained here shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 7.8 No Contingent Fees. AUDITORS warrant that they have not employed or retained any company or person, other than a bona fide employee working solely for the AUDITORS to solicit or secure this Agreement, and that they have not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for AUDITORS any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 7.9 Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the places last specified, Page 8 of 10 and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the AUDITORS and the CITY designate the following as the respective places for giving of notice: CITY: Eric M. Soroka, City Manager City of Aventura 19200 W. Country Club Drive Aventura, FL 33180 Telephone No. (305) 466 -8910 Facsimile No. (954) 466 -8919 Copy To: Weiss Serota Helfman Cole Bierman & Popok, P.L. 200 East Broward Blvd., Suite 1900 Fort Lauderdale, FL 33301 Telephone No. (954) 763 -4242 Facsimile No. (954) 764 -7770 AUDITORS: Alberni Caballero & Fierman, LLP 4649 Ponce de Leon Boulevard, Suite 404 Coral Gables, FL 33146 7.10 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 7.11 Headings. Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 7.12 Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits if not physically attached should be treated as part of this Agreement and are incorporated herein by reference. 7.13 Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 7.14 Governing Law. This Agreement shall be governed by the laws of the State of Florida with venue lying in Miami -Dade County, Florida. The parties hereby voluntarily waive any right to trial by jury in any litigation between the parties which, in any way, arises out of or concerns this Agreement or the course of dealing between the parties. Page 9 of 10 7.15 Extent of Agreement. This Agreement represents the entire and integrated agreement between the CITY and the AUDITORS and supersedes all prior negotiations, representations or agreements, either written or oral. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF AVENTURA BY: ATTEST: ERIC M. SOROKA, CITY MANAGER APPROVED AS TO FORM. OFFICE OF THE CITY ATTORNEY AUDITORS WITNESSES: BY: Print Name: Title: ATTEST: SECRETARY STATE OF FLORIDA COUNTY OF BROWARD CITY CLERK BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as of , Certified Public Accountants, and acknowledged they executed the foregoing Agreement as the proper official of for the use and purposes mentioned in it and that the instrument is the act and deed of IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of 2015. NOTARY PUBLIC My Commission Expires: Page 10 of 10 Exhibit A (Referenced From) INDEPENDENT AUDIT SERVICES FOR THE CITY OF AVENTURA RFP # 15- 02 -09 -2 III. NATURE OF SERVICES REQUIRED A. General The City of Aventura is soliciting the services of qualified firms of Independent Certified Public Accountants to audit the City's financial statements for the fiscal year ending September 30, 2015, and the financial statements of the Aventura City of Excellence Charter School for the fiscal year ending June 30, 2016, and any required Special Reports such as Grants or other compliance reporting, as well as auditing those financial statements and other Special Reports for the subsequent fiscal year. These audits are to be performed in accordance with the provisions contained in this Request for Proposal. B. Scope of Work to be Performed The City desires the independent auditor to express an opinion as to whether the financial statements of the City and the Aventura City of Excellence Charter School chartered by the City and Miami -Dade District School Board, are fairly presented, in all material respects, and with accounting principles generally accepted in the United States of America. 2. The City also desires the auditor to express an opinion on the fair presentation of its government -wide and fund financial statements and schedules in conformity with accounting principles generally accepted in the United States of America. The auditor is not required to audit the supporting schedules contained in the comprehensive annual financial report. However, the auditor is to provide an "in- relation -to" opinion on the supporting schedules based on the auditing procedures applied during the audit of the government -wide and fund financial statements and schedules. The auditor is not required to audit the introductory section of the report or the statistical section of the report. A -1 3. The auditor shall also be responsible for performing certain limited procedures involving required supplementary information required by the Governmental Accounting Standards Board in accordance with auditing standards generally accepted in the United States of America. 4. The auditor is required to audit the schedule of expenditures of federal awards and state financial assistance in accordance with the Federal and Florida Single Audit Act respectively. The auditor is not required to audit the Aventura City of Excellence Charter School for the fiscal year ending June 30, 2015, as the School will be audited by Keefe McCullough & Co., LLP who will furnish their report to the City's principal Independent Auditor during the engagement. C. Auditing Standards to be Followed To meet the requirements of this request for proposals, the audit shall be performed in accordance with: 1. Auditing Standards generally accepted in the United States of America; 2. The standards for financial audits set forth in the U.S. General Accounting Office's Government Auditing Standards (2011 Revision); 3. The provisions of the Federal Single Audit Act of 1984 (as amended in 1996 and subsequently); 4. The Florida Single Audit Act; 5. The provisions of U.S. Office of Management and Budget (OMB) Circular A -133; 6. Audits of States, Local Governments, and Non - Profit Organizations, Audits of State and Local Governments (Revised) — AICPA. 7. Section 11.45, Florida Statutes; 8. State of Florida Department of Banking and Finance Regulations; 9. Rules adopted by the State of Florida Auditor General for form and content of governmental unit audits; 10. Any other applicable Federal, State and local laws or regulations; Any updates of, or amendments to, these described auditing standards are to be incorporated in future audits performed by the selected auditor A -2 performing auditing engagements for the City in future fiscal years. D. Reports to be Issued Following the completion of the audit of the City's financial statements for the fiscal year ending September 30th and subsequently, following the completion of the audit of the Aventura City of Excellence Charter School's financial statements for the fiscal year ending June 30th, the auditor shall issue: An Independent Auditor's Report on the fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, pursuant to an audit conducted 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. 2. An Independent Auditor's 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. If applicable, an Independent Auditor's Report on Compliance for Each Major Federal Program and Major State Project; Report on Internal Control over Compliance and Report on the Schedule of Expenditures of Federal Awards and State Financial Assistance required by OMB Circular A -133, Section 215.97 Florida Statutes, and Chapter 10.550, Rules of the Auditor General. 4. An Independent Auditor's Report to City Management in Accordance with Audits of States, Local Governments, and Non - Profit Organizations; and Chapter 10.550, Rules of the Florida Auditor General. 5. In the Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters, the auditor shall communicate any material weakness found during the audit. A material weakness is a deficiency, or 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. The reports on compliance and internal controls shall include all instances of noncompliance. A -3 Irregularities and illegal acts. The auditors shall be required to make an immediate, written report to the Finance Director and City Manager of all irregularities and illegal acts or indications of illegal acts of which they become aware. Reporting to the Finance Director and the City Manager. Auditors shall also disclose the following: a) The auditor's responsibility under auditing standards generally accepted in the United States of America, and assurances that the independent auditor is currently licensed, and that the members of the audit team have the minimum required Continuing Professional Education credits required for performing audits under Governmental Auditing Standards. b) Significant accounting policies. c) Management judgments and accounting estimates. d) Significant audit adjustments. e) Other information in documents containing audited financial statements. f) Disagreements with management. g) Management consultation with other accountants. h) Major issues discussed with management prior to retention. i) Difficulties encountered in performing the audit. E. Special Considerations The City will submit its Comprehensive Annual Financial Report (CAFR) to the Government Finance Officers Association of the United States and Canada for review in their Certificate of Achievement for Excellence in Financial Reporting program. It is anticipated that the auditor will be required to provide any special assistance deemed necessary to the City in order to meet the requirements of that program. 2. The City currently anticipates that it will not issue any official statements in connection with the sale of debt securities. However, if the City determines it to be in their best interest to issue new debt or refinance existing debt the official statements may be required which will contain the general purpose financial statements and the auditor's report thereon. A -4 The auditor shall be required, if requested by the fiscal advisor and /or the underwriter, to issue a "consent and citation of expertise" as the auditor and any necessary "comfort letters." 3. The City owns and operates one (1) charter school that is chartered by Miami -Dade Public Schools. This school is included as a Major Special Revenue Fund of the City, and operates on a fiscal year that begins on July 1 stand ends on June 30th. The City is required to undergo a separate audit of the Charter School's financial statements. 4. The Schedule of Expenditures of Federal Awards and State Financial Assistance Projects and related auditor's report, as well as the reports on compliance and internal controls are to be issued as part of the CAFR. 5. A list of findings and other weaknesses from the City's most recent financial statement audit are attached to this document (Appendix A). F. Working Paper Retention and Access to Working Papers All working papers and reports must be retained, at the auditor's expense, for a minimum of five (5) years, unless the firm is notified in writing by the City of the need to extend the retention period. The auditor will be required to make working papers available, upon request, to the following parties or their designees: City of Aventura Cognizant agency(s) pursuant to OMB Circular A -133 U.S. General Accounting Office (GAO) Auditor General of the State of Florida Parties designated by the federal or state governments or by the City as part of an audit quality review process. Auditors of entities of which the City is a recipient or a sub - recipient of grant funds. In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting, reporting or auditing significance. A -5 ALBERNI CABALLERO & HERMAN, LLP ACCOUNTANTS • ADVISORS March 11, 2015 Honorable Mayor, City Commission and City Manager City of Aventura, Florida 19200 W. Country Club Drive Aventura, Florida 33180 Alberni Caballero & Fierman, LLP 4649 Ponce de Leon Blvd Suite 404 Coral Gables, FL 33146 T: 305.662.7272 F: 305.662.4266 ACF- CPA.COM We are pleased to confirm our understanding of the services we are to provide City of Aventura, Florida (The City) for the fiscal years ending September 30, 2015, and 2016 (with the City's option to renew for an additional three (3) one (1) year terms). We will audit the financial statements of the governmental activities, the business type activities, each major fund, and the aggregate remaining fund information, which collectively comprise the basic financial statements of The City as of and for the fiscal years ending September 30, 2015, and 2016. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD &A), to supplement The City's 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. As part of our engagement, we will apply certain limited procedures to The City's RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist 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 will 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. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1) Management's Discussion and Analysis. 2) Budgetary Comparison Schedules 3) Schedule of Funding Progress — Other Post - Employment Benefits 4) Schedule of Changes in the City's Net Pension Liability and Related Ratios 5) Schedule of City Contributions We have also been engaged to report on supplementary information other than RSI that accompanies The City's financial statements. We will subject the following supplementary information to the auditing procedures applied in our 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 and will provide an opinion on it in relation to the financial statements as a whole: 1) Combining and Individual non -major fund financial statements and schedules The following other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and our auditors' report will not provide an opinion or any assurance on that other information. 1) Introductory Section 2) Statistical Section Audit Objectives The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of The City and other procedures we consider necessary to enable us to express such opinions. If our opinions on the financial statements are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with the provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The reports on internal control and compliance will each include a paragraph that states that the purpose of the report is solely to describe the scope of testing of internal control over financial reporting and compliance, and the result of that testing, and not to provide an opinion on the effectiveness of internal control over financial reporting or on compliance, and that the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering internal control over financial reporting and compliance. The paragraph will also state that the report is not suitable for any other purpose. If during our audit we become aware that the City is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements. Management Responsibilities Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein. As part of the audit, we will assist with preparation of your financial statements and related notes. You will be required to acknowledge in the written representation letter our assistance with preparation of the financial statements and that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. Further, you agree to assume all management responsibilities for any nonaudit services we provide; oversee the services by designating an individual, preferably from senior management, who possesses suitable skill, knowledge, or experience; evaluate the adequacy and results of the services; and accept responsibility for them. Management is responsible for establishing and maintaining effective internal controls, including evaluating and monitoring ongoing activities, to help ensure that appropriate goals and objectives are met; for the selection and application of accounting principles; and for the preparation and fair presentation of the financial statements in conformity with U.S. generally accepted accounting principles. Management is also responsible for making all financial records and related information available to us and for ensuring that management is reliable and financial information is reliable and properly recorded. 2 You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, (2) additional information that we may request for the purpose of the audit, and (3) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the written representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws, regulations, contracts, agreements, and grants for taking timely and appropriate steps to remedy any fraud, violations of contracts or grant agreements, or abuse that we may report. You are responsible for the preparation of the supplementary information in conformity with U.S. generally accepted accounting principles. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon or make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the supplementary information in accordance with GAAP; (2) that you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (3) that the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous financial audits, attestation engagements, performance audits or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. Audit Procedures — General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us, even though the audit is properly planned and performed in accordance -with U.S. generally accepted auditing standards and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform the appropriate level of management of any material errors, any fraudulent financial reporting, or misappropriation of assets that come to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about the financial statements and related matters. Audit Procedures — Internal Control Our audit will include obtaining an understanding of the entity and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards and Government Auditing Standards. Audit Procedures — Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of The City's compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. 4 Engagement Administration, Fees, and Other We understand that your employees will prepare all cash or other confirmations we request and will locate any documents selected by us for testing. We will provide copies of our reports to The City; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. The audit documentation for this engagement is the property of Alberni Caballero & Fierman, LLP and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to a regulating authority or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Alberni Caballero & Fierman, LLP personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by a regulating authority. If we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. Andrew S. Fierman, CPA is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. Our fee for these services will be $38,000 for the fiscal year ended September 30, 2015 (not including the Federal Single Audit, if required. See below). Refer to the separate contract for auditing services between the City and Alberni Caballero & Fierman, LLP for the fee increases relating to subsequent contract years. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. If the City is required to undergo a single audit in accordance with the Federal Single Audit Act and OMB Circular A -133, Audits of States, Local Governments, and Not - for - Profit Organizations, the additional fee will be discussed with the City at that time. Also, a new engagement letter will be provided that meets the requirements of the Federal Single Audit Act and OMB Circular A -133. The additional fee that we ultimately agree to will be based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. You may request that we perform additional services not addressed in this engagement letter. If this occurs, we will communicate with you regarding the scope of the additional services and the estimated fees. We also may issue a separate engagement letter covering the additional services. In the absence of any other written communication from us documenting such additional services, our services will continue to be governed by the terms of this engagement letter. Our audit engagement ends on delivery of our audit report. Any follow -up services that might be required will be a separate, new engagement. The terms and conditions of that new engagement will be governed by a new, specific engagement letter for that service. Parties to this engagement agree that any dispute that may arise regarding the meaning, performance, or enforcement of this engagement will be submitted to mediation upon written request of any party to the engagement. The party requesting mediation shall select the mediation provider from the list of mediation training providers approved by the Florida Supreme Court. The mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Association or such other rules as may be agreed upon by the parties. The results of this mediation shall not be binding upon either party. Costs of any mediation proceeding shall be shared equally by both parties. The venue for any legal proceedings shall be Miami -Dade County, Florida, and this agreement shall be governed by the laws of the State of Florida. Our audit is intended for the benefit of The City. The audit will not be planned or conducted in contemplation of reliance by any third party or with respect to any specific transaction. Therefore, items of possible interest to a third party will not be specifically addressed and matters may exist that would be assessed differently by a third party, possibly in connection with a specific transaction. If you intend to publish or otherwise reproduce the financial statements together with our report (or otherwise make reference to our Firm) in a document that contains other information, you agree to provide us with a draft of the document to read and comment on before it is printed and distributed. Furthermore, you agree that the terms of this engagement do not encompass an undertaking by us (1) to consent, by means of separate letter or otherwise, to the inclusion of our auditor's report on the financial statements referred to above in a filing with a Federal or state regulatory agency or otherwise reissue our report for purposes of a securities offering or other financing transaction, or (2) to acknowledge reliance on our report by others. We appreciate the opportunity to be of service to City of Aventura, Florida and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, Andrew S. Fierman, CPA Partner Alberni Caballero & Fierman, LLP RESPONSE: This letter correctly sets forth the understanding of The City of Aventura. Authorized signature: Title: Date: AC� ALBERNI CABALLERO & HERMAN, LLP ACCOUNTANTS • ADVISORS March 11, 2015 Honorable Mayor, City Commission and City Manager City of Aventura, Florida 19200 W. Country Club Drive Aventura, Florida 33180 Alberni Caballero & Fiennan, LLP 4649 Ponce de Leon Blvd Suite 404 Coral Gables, FL 33146 T: 305.662.7272 F: 305.662.4266 ACF- CPA.COM We are pleased to confirm our understanding of the services we are to provide to the City of Aventura, Florida (the City) for audit of the Aventura City of Excellence Charter School (the School) for the fiscal years ended June 30, 2016 and 2017. We will audit the special purpose financial statements of the governmental activities and the major fund, which collectively comprise the basic financial statements of The School as of and for the fiscal years ended June 30, 2016 and 2017. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD &A), to supplement The School's s 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. As part of our engagement, we will apply certain limited procedures to The School's RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist 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 will 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. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1) Management's Discussion and Analysis. 2) Budgetary Comparison Schedule Audit Objectives The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of The School and other procedures we consider necessary to enable us to express such opinions. If our opinions on the financial statements are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with the provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The reports on internal control and compliance will each include a paragraph that states that the purpose of the report is solely to describe the scope of testing of internal control over financial reporting and compliance, and the result of that testing, and not to provide an opinion on the effectiveness of internal control over financial reporting or on compliance, and that the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering internal control over financial reporting and compliance. The paragraph will also state that the report is not suitable for any other purpose. If during our audit we become aware that the School is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements. Management Responsibilities Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein. As part of the audit, we will assist with preparation of your financial statements and related notes. You will be required to acknowledge in the written representation letter our assistance with preparation of the financial statements and that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. Further, you agree to assume all management responsibilities for any nonaudit services we provide; oversee the services by designating an individual, preferably from senior management, who possesses suitable skill, knowledge, or experience; evaluate the adequacy and results of the services; and accept responsibility for them. Management is responsible for establishing and maintaining effective internal controls, including evaluating and monitoring ongoing activities, to help ensure that appropriate goals and objectives are met; for the selection and application of accounting principles; and for the preparation and fair presentation of the financial statements in conformity with U.S. generally accepted accounting principles. Management is also responsible for making all financial records and related information available to us and for ensuring that management is reliable and financial information is reliable and properly recorded. You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, (2) additional information that we may request for the purpose of the audit, and (3) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the written representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws, regulations, contracts, agreements, and grants for taking timely and appropriate steps to remedy any fraud, violations of contracts or grant agreements, or abuse that we may report. You are responsible for the preparation of the supplementary information in conformity with U.S. generally accepted accounting principles. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon or make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the supplementary information in accordance with GAAP; (2) that you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (3) that the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous financial audits, attestation engagements, performance audits or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. Audit Procedures — General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us, even though the audit is properly planned and performed in accordance with U.S. generally accepted auditing standards and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform the appropriate level of management of any material errors, any fraudulent financial reporting, or misappropriation of assets that come to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about the financial statements and related matters. Audit Procedures — Internal Control Our audit will include obtaining an understanding of the entity and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards and Government Auditing Standards. Audit Procedures — Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of The School's compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. Engagement Administration, Fees, and Other We understand that your employees will prepare all cash or other confirmations we request and will locate any documents selected by us for testing. We will provide copies of our reports to The School; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. The audit documentation for this engagement is the property of Alberni, Caballero & Fierman, LLP and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to a regulating authority or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Alberni, Caballero & Fierman, LLP personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. 4 These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by a regulating authority. If we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. Andrew S. Fierman, CPA is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. Our fee for these services will be $11,000 for the fiscal year ended June 30, 2016 (not including the Federal Single Audit, if required. See below). The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. The fees for subsequent years will be based on increases as delineated in the separate agreement between The City and Alberni Caballero & Fierman, LLP. If the School is required to undergo a single audit in accordance with the Federal Single Audit Act and OMB Circular A -133, Audits of States, Local Governments, and Not - for - Profit Organizations, we will discuss the fee at that time. Also, a new engagement letter will be provided that meets the requirements of the Federal Single Audit Act and OMB Circular A -133. The fee will be based the number of major programs to be tested and on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. You may request that we perform additional services not addressed in this engagement letter. If this occurs, we will communicate with you regarding the scope of the additional services and the estimated fees. We also may issue a separate engagement letter covering the additional services. In the absence of any other written communication from us documenting such additional services, our services will continue to be governed by the terms of this engagement letter. Our audit engagement ends on delivery of our audit report. Any follow -up services that might be required will be a separate, new engagement. The terms and conditions of that new engagement will be governed by a new, specific engagement letter for that service. Parties to this engagement agree that any dispute that may arise regarding the meaning, performance, or enforcement of this engagement will be submitted to mediation upon written request of any party to the engagement. The party requesting mediation shall select the mediation provider from the list of mediation training providers approved by the Florida Supreme Court. The mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Association or such other rules as may be agreed upon by the parties. The results of this mediation shall not be binding upon either party. Costs of any mediation proceeding shall be shared equally by both parties. The venue for any legal proceedings shall be Miami -Dade County, Florida, and this agreement shall be governed by the laws of the State of Florida. Our audit is intended for the benefit of The School. The audit will not be planned or conducted in contemplation of reliance by any third party or with respect to any specific transaction. Therefore, items of possible interest to a third party will not be specifically addressed and matters may exist that would be assessed differently by a third party, possibly in connection with a specific transaction. If you intend to publish or otherwise reproduce the financial statements together with our report (or otherwise make reference to our Firm) in a document that contains other information, you agree to provide us with a draft of the document to read and comment on before it is printed and distributed. Furthermore, you agree that the terms of this engagement do not encompass an undertaking by us (1) to consent, by means of separate letter or otherwise, to the inclusion of our auditor's report on the financial statements referred to above in a filing with a Federal or state regulatory agency or otherwise reissue our report for purposes of a securities offering or other financing transaction, or (2) to acknowledge reliance on our report by others. We appreciate the opportunity to be of service to City of Aventura, Florida and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, (4, 0. �� Andrew S. Fierman, CPA Partner Alberni, Caballero & Fierman, LLP RESPONSE: This letter correctly sets forth the understanding of The City of Avenura. Authorized signature: Title: Date: CITY OF AVENTURA OFFICE OF THE CITY MANAGER ORAND TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City DATE: March 4, 2015 SUBJECT: Motion to Approve Annual Appropriation for Scholarship Award to Krop High School Students April 7, 2015 Commission Meeting Agenda Item 5D RECOMMENDATION It is recommended that the City Commission adopt a Motion to approve appropriation of funds in the amount of $1,000 from the General Fund for the 2015 annual scholarship award to an eligible Krop Senior High School student in accordance with Resolution 2012 -12. BACKGROUND Resolution No. 2012 -12 adopted a policy to establish an annual college scholarship in the amount of $1,000 for a student residing in Aventura graduating from Dr. Michael M. Krop High School. Section 2 of the Resolution requires the annual approval of the allocation of funds for the scholarship by the City Commission. Therefore, this item has been placed on the Agenda. If you have any questions, please feel free to contact me. EMS /act CCO1898 -15 RESOLUTION NO. 2012 -12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ADOPTING A POLICY TO ESTABLISH AN ANNUAL COLLEGE SCHOLARSHIP IN THE AMOUNT OF $1,000 FOR A STUDENT RESIDING IN AVENTURA GRADUATING FROM DR. MICHAEL M. KROP HIGH SCHOOL; PROVIDING FOR THE ALLOCATION OF FUNDS AND THE SELECTION PROCESS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby adopts a policy to establish an annual college scholarship in the amount of $1,000 for a student residing in Aventura graduating from Dr. Michael M. Krop High School to assist in the funding of his /her college education. Section 2. The scholarship amount of $1,000 shall be allocated from the General Fund of the City and the Award Evaluation Committee established by Dr. Michael M. Krop High School shall select the student that is eligible for the scholarship. The annual award of the scholarship shall be subject to approval by the City Commission, as a Consent Agenda item, so as to document approval pursuant to Section 7.05 of the City Charter. Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Auerbach, who moved its adoption. The motion was seconded by Commissioner Weinberg, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Bob Diamond yes Commissioner Teri Holzberg yes Commissioner Michael Stern yes Commissioner Luz Urb;&ez Weinberg yes Vice Mayor Billy Joel yes Mayor Susan Gottlieb yes Resolution No. 2012 -12 Page 2 PASSED AND ADOPTED this 6th day of March, 2012. a USAN GOTTLIEB, MAYOR ATTEST: TTY f�RESAM O , MMC CLER APPROVED AS TO LEGAL SUFFICIENCY: t-1 CITY ATTORNEY CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, DATE: March 16, 2015 SUBJECT: Request to Lease Right -of -Way Land from FDOT Located Near East Dixie Highway and N.E. 206th Street for Police Purposes April 7, 2015 Commission Meeting Agenda Item 5E RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing the City to request FDOT to lease right -of -way land located near East Dixie Highway and N.E. 206th Street as contained in Exhibit "A" for public purposes to be utilized by the Aventura Police Department. BACKGROUND At the November 12, 2014 Meeting, the City Commission approved the use of Police Forfeiture Funds for equipment to establish a K -9 training area on the FDOT right -of- way near East Dixie Highway and Biscayne Boulevard (see attached memorandum dated October 22, 2014). In order to finalize the lease with FDOT, the City is required to adopt a Resolution formally requesting said action. The area to be leased is land located around the drainage lake outlined in Exhibit "A ". If you have any questions, please feel free to contact me. EMS /act CCO1899 -15 RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO REQUEST THE FLORIDA DEPARTMENT OF TRANSPORTATION TO LEASE TO THE CITY OF AVENTURA LAND REFERRED TO IN EXHIBIT "A" SITUATED NEAR EAST DIXIE HIGHWAY AND NE 206TH STREET FOR PUBLIC PURPOSE TO BE UTILIZED BY THE AVENTURA POLICE DEPARTMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission of the City of Aventura hereby authorizes the City Manager to request the Florida Department of Transportation to lease to the City of Aventura land referred to in Exhibit "A" situated near East Dixie Highway and NE 206th Street for public purpose to be utilized by the Aventura Police Department. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this resolution Section 3. This Resolution shall take effect immediately upon adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen Commissioner Denise Landman Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Teri Holzberg Mayor Enid Weisman City of Aventura Resolution No. 2015 -_ Page 2 PASSED AND ADOPTED this 7th day of April, 2015. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EXHIBIT "All LEGAL DESCRIPTION LEGAL DESCRIPTION: A portion of Blocks 3, 4 and 7, Hallandale Park No. 8, according to the plat thereof as recorded in Plat Book 20, Page 49 of the public records of Miami -Dade County, Florida; together with the 6 foot wide alleys within said Block 4; also together with a portion of the 6 foot wide alleys within said Block 7,• also together with a portion of the right of ways for East Dixie Highway, N.E. 204th Street and N.E. 205th Street as shown on said plat, lying in the southwest one quarter of Section 34, Township 51 South, Range 42 East, all being described as follows: Commence at the northernmost northeast corner of said Block 7, thence South 8745'30" West along the south right of way line for N.E. 206th Street, a distance of 36.10 feet to the Point of Beginning, said point lying along the arc of a circular curve to the left from which the radius point bears South 635824" East from the last described point; thence southwesterly along the arc of said curve having a radius of 2962.59 feet, through a central angle of 005751 ", for an arc distance of 49.85 feet to a point of tangency, thence South 25'03'35" West, a distance of 91.61 feet to a point of curvature of a circular curve to the left; thence southwesterly along the arc of said curve having a radius of 3145.99 feet, through a central angle of 0854'16 ", for on arc distance of 488.92 feet to the point of tangency, thence South 16'09'19" West, a distance of 229.48 feet, the last four (4) described courses lying along the limited access right of way line for Biscayne Boulevard (S.R. 5) as shown on Florida Department of Transportation right of way map for Biscayne Boulevard Section 87030 -2534; thence South 87'5239" West along said limited access right of way line, a distance of 59.00 feet; thence North 02'0721" West, a distance of 63.83 feet to a point of curvature of a circular curve to the left, thence northerly along the arc of said curve having a radius of 22931.22 feet, through a central angle of 00'4657'; for an arc distance of 313.18 feet to a point of tangency, thence North 0254'18" West, a distance of 200.00 feet to a point of curvature of a circular curve to the right; thence northerly along the arc of said curve having a radius of 22831.22 feet, through a central angle of 002849'; for on arc distance of 191.45 feet, the last three (3) described courses lying along the limited access right of way line for said East Dixie Highway as shown on said right of way map; thence North 87'5239" East, a distance of 68.20 feet; thence North 505933" East, a distance of 41.69 feet, thence North 87'45'30" East, a distance of 289.82 feet to the Point of Beginning, the last three (3) described courses lying along the south right of way line for said N.E. 206th Street and the limited access right of way line for said N.E. 206th Street, as shown on said right of way map. Said lands situate in the city of Aventuro, Miami -Dade County, Florida. containing 163,298 square feet or 3.749 acres more or less. G: \2001 \010103.192FDOT PARCEL SKETCHES \DRAWINGS \010103.192 —SD OVERALLPARCEL UPDATES and /or REVISIONS DATE I BY 1. REVISE PER FDOT COMMENTS 12/25-151 RY CRAVEN a THOMPSON & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYOR'S ME NW 5W SRU. FOR t/W6 MN& RaWA 33 9 . FN 73"409 TEL A%) %) M Ri1DA LXDM) 0404 0K M. BLBIS a MAMM SgeM HIMM IS THE PRCMM OF CPAWN MW r AWMATS Nc AND SILL NOT BE FEPR== N * E OR N PART WTIQJT MTn POUSSIM DOP QfT (G) 2D15 JOB NO.: 01- 0103 -192 010103192 OWRALLPARCELDWG DRAWN BY: RY F.B. N/A PG. N/A CHECKED BY: TCS DATED: 11 -25 -14 CK'D THIS IS NQI A SKETCH OF SURVEY, but only a graphic depiction of the description shown hereon. There has been no field work, viewing of the subject property, or monuments set in connection with the preparation of the Information shown hereon. The undersigned and CRAVEN•THOMPSON k ASSOCIATES, INC. make no representations or guarantees as to the information reflected hereon pertaining to sosements, rights —of —way, set back lines, reservations, agreements and other similar matters, and further, this instrument is not Intended to reflect or set forth all such matters. Such information should be obtained and confirmed by others through appropriate title verification. Lands shown hereon were not abstracted for right —of —way and /or easement: of record. FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT VI ITEM /SEG. NO.: 2498401 SECT /JOB NO.: 87030 -2534, SHEET 9 OF 14 FAP NO.: 4852 -081 -P SR NO.: 5 (BISCAYNE BLVD.) COUNTY: MIAMI -DADE PARCEL NO.: 5657 SHEET 1 OF 4 EXHIBIT "All LEGAL DESCRIPTION LEGEND BNDY. BOUNDARY F. D. O. T. FLORIDA DEPARTMENT OF TRANSPORTATION L ARC LENGTH L. A. R/W LIMITED ACCESS RIGHT OF WAY M. D. C. R. MIAMI —DADE COUNTY RECORDS O. R. B. OFFI CAL RECORD BOOK P.B. PLAT BOOK PG. PAGE P.O.C. POINT OF COMMENCEMENT R RADIUS R. R. RAILROAD R/W RIGHT —OF —WAY S. R. STATE ROAD d CENTRAL ANGLE '0 'fio o�- LIMITED ACCESS RIGHT OF WAY LINE NOTES: Bearings shown hereon are based on F.D.O.T. right of way map Section 87030 -2534, sheet 9 of 14, last revision date: 02 -13 -98 and are referenced to the south right of way line for N.E. 206th Street, which bears North 874530" East. This sketch and description consists of 4 sheets and each sheet shall not be considered full, valid and complete unless attached to the others. CERTIFICATE: We hereby certify that this sketch and description and other pertinent data shown hereon, of the above described property was made on the ground, conforms to the Standards of Practice for land surveying in the State of Florida, as outlined in Chapter 5J -17, (Florida Administrative Code) as adopted by Department of Agriculture and Consumer Services, Board of Professional Surveyors and Mappers, pursuant to Chapter 472.027, Florida Statutes and that said survey is true and correct to the best of our knowledge and belief. G: \2001 \01D103.192_.FDOT PARCEL SKET04ES \DRAWNGS \010103.192_SD OVERALLPARCEL UPDATES and /or REVISIONS I DATE I BY 1. REVISE PER FDOT COMMENTS 2 -25 -15 RY CRAVEN a THOMPSON & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYOR'S 3553 KK WO SfEET, FORT ULW0lL KOWA 33308 FAk (OK 731, - D TEU (!64) 730 -64M FtafEDA UCOM DIC•F.Efi10, SIJIM N0 t MAPPNG IMME SS Na 271 ILITERUL SHIM HDiEM IS iFi PRWOM OF CRAWN *OPSON R As90aA1M 1NC NO %KL NOT BE RFR0011J® N AH E OR N PMT W111WT 1WTIEN POUSNK 00PAGHT (C) 2015 JOB NO.: 01- 0103 -192 010103192-M 0\ RPLLPARM_DVtG DRAWN BY: RY F.B. N/A PG. N/A CHECKED BY: TCS DATED: 11 -25 -14 Craven Thompson & Associates, Inc. Licensed Business Number #271 Raymond Young Professional Surveyor and Mapper No. 5799 State of Florida The sketch of survey and report or the copies thereof are not valid without the signature and raised seal of a Florida licensed surveyor and mapper. THIS IS Ha A SKETCH OF SURVEY, but only a graphic depiction of the description shown hereon. There has been no field work, dewing of the subject property, or monuments set in connection with the preparation of the information shown hereon. The undersigned and CRAVEN•THOMPSON do ASSOCIATES, INC. make no representations or guarantees as to the information reflected hereon pertaining to eassments, rights —of —way, set bade lines, reservations, agreements and other similar matters, and further, this Instrument is not intended to reflect or set forth all such matters. Such information should be obtained and confirmed by others through appropriate title verification. Lands shown hereon were not abstracted for right —of —way and /or easement: of record. FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT VI ITEM /SEG. NO.: 2498401 SECT /JOB NO.: 87030 -2534, SHEET 9 OF 14 FAP NO.: 4852 -081 -P SR NO.: 5 (BISCAYNE BLVD.) COUNTY: MIAMI -DADE PARCEL NO.: 5657 SHEET 2 OF 4 EXHIBIT "All SKETCH OF LEGAL DESCRIPTION S 87 °4530" W / POINT OF 36.10' N50 °59'33 "E N.E. 206th STREET — BEGINNING P.O.C. 41.69' (50' RIGHT OF WAY) EXIS ING LINE — NORTHERNMOST, N E CORNER N 87 °52'39" E BLOCK 7, P.B. 20, PG. 49, M. D. C. R. 68.20' � E 289.$2' � BEARING BASE 1 S a (50' RIGH Y) z `6 0 17 C 1 C6 oo } 16 -- Cb— W NQ O• // 2 I � I ¢ 15 Q� o N � w — ��o G� z 00 cp 3 Q ro ID J � 14 G�QP�O- ^ - -- - 4� O� x zLU x I 13 P�C2�i -- °y - — O ��y w X_ 2 -- Q Q Cb a � I b // 5 co O 12 � 1° o— — -- w Z ¢1� W 10 J 7 �J o JG i - -- - �; Cli R= 22931.22' -- -- 8 d 0 °4657" 9 O L= 313.18' O N.E. 204th STREET MATCHLINE (70' RIGHT OF WAY) SEE SHEET S-4 G: \2001 \010103.192FDOT PARCEL SKETCHES \DRANANGS \010103.192 —SD OVE2ALLPARCEL UPDATES and /or REVISIONS DATE BY CK'D 1. REVISE PER FOOT COMMENTS 2 -25 -15 RY CRAVEN • THOMPSON & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYOR'S 3633 KW 53O 01117, FORT L4JXR Z ROMA 33306 FAA (9" 7,I�elm IEL (164) 736100 FLCRDA LKFTI,4D DIG►ESW4 WrANI IG s M1�A/G 9U9fS5 Na 7/1 MA70M SH M! HDEN IS DE FROFF OF MIEN IHMf- N R ASSMA7M INC NO 94NL NOT E R RMUaD N WHOLE OR N PART WWW WTIEN PEH� 00PVflK1W (C) 4016 JOB NO.: 01- 0103 -192 010103192 -D O\ERA_ PA9M_DV1G DRAWN BY: RY F.B. N/A PG. N/A CHECKED BY: TCS DATED: 11 -25 -14 0 100' 200' GRAPHIC SCALE IN FEET THIS IS N4I A SKETCH OF SURVEY, but only a graphic depiction of the description shown hereon. There has been no field work, viewing of the subject property, or monuments set In connection with the preparation of the information shown hereon. The undersigned and CRAVEN•THOMPSON & ASSOCIATES, INC. make no representations or guarantees as to the Information reflected hereon pertaining to easements, rights —of —way, set back lines, reservations, agreements and other similar matters, and further, this instrument is not Intended to reflect or set forth all such matters. Such Information should be obtained and confirmed by others through appropriate title verification. Lands shown hereon were not abstracted for right —of —way and /or easements of record. FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT VI ITEM /SEG. NO.: 2498401 SECT /JOB NO.: 87030 -2534, SHEET 9 OF 14 FAP NO.: 4852 -081 -P SR NO.: 5 (BISCAYNE BLVD.) COUNTY: MIAMI -DADE PARCEL NO.: 5657 SHEET 3 OF 4 20 I 1 22 23 24 25 26 1 3 .: 19 R= 2962.59' °' — — _ - -- 4 F d 0 °57'51 " li 18 _ BLOCK 7 �— -- — — L- -49.85' a N 17 5 — — N m - 16 Y 13 12 11 1 10 I 9 ' 6 — — — S 25 °03'35" W N 15 91.61' i - - -7_ �? N 1 z 14 8 L.A. R/W LINE m N E 205th STREET — - a (50' RIGH Y) z `6 0 17 C 1 C6 oo } 16 -- Cb— W NQ O• // 2 I � I ¢ 15 Q� o N � w — ��o G� z 00 cp 3 Q ro ID J � 14 G�QP�O- ^ - -- - 4� O� x zLU x I 13 P�C2�i -- °y - — O ��y w X_ 2 -- Q Q Cb a � I b // 5 co O 12 � 1° o— — -- w Z ¢1� W 10 J 7 �J o JG i - -- - �; Cli R= 22931.22' -- -- 8 d 0 °4657" 9 O L= 313.18' O N.E. 204th STREET MATCHLINE (70' RIGHT OF WAY) SEE SHEET S-4 G: \2001 \010103.192FDOT PARCEL SKETCHES \DRANANGS \010103.192 —SD OVE2ALLPARCEL UPDATES and /or REVISIONS DATE BY CK'D 1. REVISE PER FOOT COMMENTS 2 -25 -15 RY CRAVEN • THOMPSON & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYOR'S 3633 KW 53O 01117, FORT L4JXR Z ROMA 33306 FAA (9" 7,I�elm IEL (164) 736100 FLCRDA LKFTI,4D DIG►ESW4 WrANI IG s M1�A/G 9U9fS5 Na 7/1 MA70M SH M! HDEN IS DE FROFF OF MIEN IHMf- N R ASSMA7M INC NO 94NL NOT E R RMUaD N WHOLE OR N PART WWW WTIEN PEH� 00PVflK1W (C) 4016 JOB NO.: 01- 0103 -192 010103192 -D O\ERA_ PA9M_DV1G DRAWN BY: RY F.B. N/A PG. N/A CHECKED BY: TCS DATED: 11 -25 -14 0 100' 200' GRAPHIC SCALE IN FEET THIS IS N4I A SKETCH OF SURVEY, but only a graphic depiction of the description shown hereon. There has been no field work, viewing of the subject property, or monuments set In connection with the preparation of the information shown hereon. The undersigned and CRAVEN•THOMPSON & ASSOCIATES, INC. make no representations or guarantees as to the Information reflected hereon pertaining to easements, rights —of —way, set back lines, reservations, agreements and other similar matters, and further, this instrument is not Intended to reflect or set forth all such matters. Such Information should be obtained and confirmed by others through appropriate title verification. Lands shown hereon were not abstracted for right —of —way and /or easements of record. FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT VI ITEM /SEG. NO.: 2498401 SECT /JOB NO.: 87030 -2534, SHEET 9 OF 14 FAP NO.: 4852 -081 -P SR NO.: 5 (BISCAYNE BLVD.) COUNTY: MIAMI -DADE PARCEL NO.: 5657 SHEET 3 OF 4 w z c� z F- R w � ' I iu z r J r M ^ Q II h J N 'cr N � O M II a) d N N II N 2 °07'21 " W 63.83' L.A. R/W LINE EXHIBIT "A" SKETCH OF LEGAL DESCRIPTION 2 3 4 N.E. 204th 51 Ktt i (70' RIGHT OF WAY) _ R= 3145.99' —\ 4 8 °54'16" L= 488.92' Cl) —Y 0 5 y N -- —/ 6 =1 P \' C h Q 4o 4 p JZ U CO Q 4 _3Q , �ZOa 4k Q �o o m S 87 °5239" W 59.00' G:\2001\010103.192MOT PARCEL SKETCHES \DRAVANGS \0101D3.192_SD OVERALLPARCEL UPDATES and /or REVISIONS DATE I BY 1. REVISE PER FOOT COMMENTS 12-25-151 RY CRAVEN a THOMPSON & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYOR'S 3553 Nfl 5= S9iET. FORT UM1MIF ROWA MMY FAX (954) TS-64M TEU (564) 7.'�eAOD RAfiOA tKi m use, alino G s M*pW eLlsom Na YA MATH& 94UM MEM IS IIE PRCPM Y OF CRAWN DO&- w s AS MAIM er¢ MM 94A NUr BE R FRMU® IN *0E OR IN PART WMIT WITtEN POUSSIM CQ'ttegfT (C) 2M5 JOB NO.: 01- 0103 -192 0101031192 DkRALLPARCIELM DRAWN BY: RY F.B. N/A PG. N/A CHECKED BY: TCS DATED: 11 -25 -14 SEE SHEET S -3 MATCHLINE 0 100' 200' GRAPHIC SCALE IN FEET THIS IS NQI A SKETCH OF SURVEY, but only a graphic depiction of the description shown hereon. There has been no field work, viewing of the subject property, or monuments set In connection with the preparation of the information shown hereon. The undersigned and CRAVEN•THOMPSON k ASSOCIATES, INC. make no representations or guarantees as to the information reflected hereon pertaining to easements, rights —of —way, set back lines, reservations, agreements and other similar matters, and further, this Instrument is not intended to reflect or set forth all such matters. Such information should be obtained and confirmed by others through appropriate title verification. Lands shown hereon were not abstracted for right —of —way and /or easements of record. FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT VI ITEM /SEG. NO.: 2498401 SECT /JOB NO.: 87030 -2534, SHEET 9 OF 14 FAP NO.: 4852 -081 -P SR NO.: 5 (BISCAYNE BLVD.) COUNTY: MIAMI -DADE PARCEL NO.: 5657 SHEET 4 OF 4 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CMlFoiture r DATE: October 22, 2014 SUBJECT: Disbursement of the Pol Funds November 12, 2014 City Commission Meeting Agenda Item JpE RECOMMENDATION It is recommended that the City Commission adopt the following Motion to expend funds from the Federal Police Forfeiture Fund: "Motion authorizing the appropriation of up to $60,000 for CIU workstations, interview recording system, crime prevention scholarship and K -9 training equipment from the Federal Police Forfeiture Funds in accordance with the City Manager's memorandum." If you have any questions, please feel free to contact me. EMS /act Attachment CCO1863 -14 CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMO TO: Eric M_Soroka, City DATE: 22 October 2014 SUBJECT: Use of Forfeiture Funds The Federal Equitable Sharing Agreement (FESA), Section VIII allows for the use of federally forfeited funds for law enforcement. Section IX, A9 of the Federal Equitable Sharing agreement requires that the funds be expended only upon request of the Chief of Police to the governing body of the municipality and approval of the governing body. I am requesting City Commission approval for the expenditure of: Criminal Investigations Unit workstations $4,500.00 Criminal Investigations Unit interview recording system $30,000.00 Crime Prevention Scholarship $7,500.00 K9 Training Equipment $18,000.00 Summary Criminal Inwstipatlons Unit workstatlons - CIU is adding a new Detective to handle economic crime investigations to include ID theft, fraud and tax scams. The current office configuration provides no space for the new position so additional work space must be provided; this will also provide a second workspace in the vent of future growth.. This request is to slow up to $4,500.00 to be spent on the new work area. Criminal Investigations Unit Interview recording system — The current system has proven to be ineffective and unreliable for use to record statements or confessions taken by Detectives or officers in criminal investigations. Additionally, the interview room requires noise dampening/soundproofing in order for the statements to be recorded in the optimum manner. This request Is to allow up to $30,000.00 be allocated for these purchases. Crime Prevention Scholarship: A donation in the amount of $7,500 to the Florida International University - First Generation Scholarship Fund specifically for Aventura residents. This combined with matching funds from the state will provide scholarships to FIU students who are Aventura residents and will be the first generation in a family to attain a college degree. This program will serve to enhance crime prevention by facilitating educational and employment opportunities that would otherwise not exist, by providing tuition assistance to students with limited financial means who come from families with no prior benefit of higher education. K8 Training Equipment — The city has secured a lease on FDOT property just on the west side of West Dixie Hwy, by NE 203 St, for use as our K9 training area. This equipment is needed for the K8 officers to be able to train their K9's on a regular basis and still be very dose to the city in the event of calls. This request also includes the cost of site surveys as required by FDOT. This request is to stow up to $18,000.00 be allocated for these purrhes. RESOLUTION NO. 2015- A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, SUPPORTING THE TOWN OF SURFSIDE'S RESOLUTION URGING THE STATE OF FLORIDA LEGISLATURE AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ( "FDEP ") TO ESTABLISH CHEMICAL TESTING STANDARDS PRIOR TO ISSUING A COASTAL CONSTRUCTION CONTROL LINE ( "CCCL ") PERMIT WHICH AUTHORIZES THE TRANSFER AND PLACEMENT OF EVACUATED SAND SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE ONTO A PUBLIC BEACH; PROVIDING DIRECTION TO THE CITY CLERK; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the beaches throughout Miami -Dade County and the State of Florida are vital to the quality of life for residents and tourists alike; and WHEREAS, it is important to preserve the quality of sand that is placed on the public beaches that provide a source of recreation and relaxation for both adults and children; and WHEREAS, the Town of Surfside adopted Resolution No. 15 -2282, attached hereto as Exhibit "A ", and has requested other municipalities to support that Resolution; and WHEREAS, the City Commission supports the Town of Surfside Resolution, which requests a change in FDEP regulations regarding chemical testing of sand transfer onto the beach as part of a CCCL permit or similar permits issued by FDEP, for placement of sand on a public beach, and urges the Florida Legislature and FDEP to amend the appropriate sections of the Florida Statutes and rules and regulations of FDEP, to require chemical testing of all sand placed east of the CCCL; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals. The above stated recitals are hereby adopted and confirmed. City of Aventura Resolution No. 2015 -_ Page 2 Section 2. Support by the City Commission for the Town of Surfside Resolution. The City Commission supports Town of Surfside Resolution No. 15 -2282, which urges and recommends that the FDEP require minimum chemical testing standards to be established by the State of Florida, with the recommended baseline analytical profile as outlined in Surfside Resolution No. 15 -2282. Section 3. Direction to the City Clerk. The City Clerk is hereby directed to transmit a copy of this Resolution to the Governor of the State of Florida, the Secretary of the Florida Department of Environmental Protection, Members of the Miami -Dade County Delegation of State of Florida Legislators, the Mayor and County Commissioners of Miami -Dade County, the Florida League of Cities, the Miami -Dade County League of Cities, the Miami -Dade County Department of Regulatory and Economic Resources ( "DERM "), and municipalities in Miami -Dade County. Section 4. Effective Date. 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 Denise Landman Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Teri Holzberg Mayor Enid Weisman City of Aventura Resolution No. 2015 -_ Page 3 PASSED AND ADOPTED THIS 7th day of April, 2015. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY RESOLUTION NO. 15 - 2 &Z A RESOLUTION OF THE TOWN OF SURFSIDE URGING THE STATE OF FLORIDA LEGISLATURE AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ( "FDEP ") TO ESTABLISH CHEMICAL TESTING STANDARDS PRIOR TO ISSUING A COASTAL CONSTRUCTION CONTROL LINE PERMIT ( "CCCL ") WHICH AUTHORIZES THE TRANSFER AND PLACEMENT OF EXCAVATED SAND SEAWARD OF THE CCCL ONTO A PUBLIC BEACH; RECOMMENDING ADDITIONAL CHEMICAL TESTING STANDARDS; ENCOURAGING SUPPORT FROM PUBLIC OFFICIALS AND UNITS OF GOVERNMENT TO SUPPORT THIS INITIATIVE; PROVIDING DIRECTION TO THE TOWN CLERK; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Department of Environmental Protection (FDEP) issues permits which authorize excavation and placement of sand seaward of the Coastal Construction Control Line (CCCL), pursuant to 161.053, Florida SIalules; and WHEREAS, FDEP Permit No. DA -631 -S undertook the excavation and completed transfer of sand onto the Town of Surfside beach from 96`x' Street to 88 °i Street prior to May 1, 2014; and WHEREAS, community concerns were raised regarding the chemicals of concern contained in the transferred sand due to a portion of the sand being excavated beneath a site which was constructed over 75 years ago and continuously operated; and WHEREAS, in compliance with FDEP rules, the sand was transferred and placed onto the beach in accordance with FDEP Permit No. DA -631 -S without chemical analysis being performed on the sand transferred and placed on the beach; and WHEREAS, FDEP guidelines state that sandy material excavated seaward of the CCCL or 50 -foot setback shall be maintained on site seaward of the CCCL or 50400t setback and shall be placed in the immediate area of construction unless otherwise specifically authorized by the Department, as provided by Rule 6213- 33.005(6), F.A.C.: and WHEREAS, FDEP defines beach quality sand as sand which is similar to the native beach sand in both coloration and grain size and is free of construction debris, rocks. clay or other foreign matter, pursuant to Rule 62B- 33.002(8). F.A.C.: and WHEREAS, FDEP is currently amending Rule 6213-33, F.A.C., Rules and Procedures for Coastal Construction and Excavation and is proposing the creation of a CCCL Applicant's Handbook; and Page 1 of 5 WHEREAS, the Town of Surfside participated in the FDEP Second Rule Workshop on February 12, 2015 to discuss the proposed amendments to Rule 62B -33, F.A.C. and creation of the CCCL Applicant's Handbook; and WHEREAS, the cost of testing the excavated material is an inexpensive and minor cost consideration in conjunction with the overall cost of a development project east of the CCCL; and WHEREAS, the Town Commission of the Town of Surfside created a Sand Project Community Monitoring Committee ( "Community Monitoring Committee ") in response to community concerns with activity associated with the activities conducted consistent with FDEP Permit No. DA -631; and WHEREAS, a priority of the Town is to ensure the health, safety and welfare of the public while also seeking opportunities to preserve its beach to mitigate the impacts associated with climate change as well as to sustain this valuable resource as an economic development asset; and WHEREAS, a priority of the Community Monitoring Committee was to address the chemical analysis of the sand to ensure the health, safety and welfare of the public; and WHEREAS, the Town Commission, upon receiving concerns about the chemical composition of the transferred sand, immediately authorized retaining the services of an expert toxicologist (Dr. Christopher Teaf, President of Hazardous Substance and Waste Management Research, Inc. "HSWMR" and Member of the Faculty of Florida State University) to provide analysis of chemical testing results and to address health risks concerns raised by the residents of the Town of Surfside; and WHEREAS, in addressing a priority of the Community Monitoring Committee, Dr. Teaf assisted the Committee in developing a recommended list of analytical categories that are not currently required under Rule 6213-33, F.A.C, with appropriate supplementary tests to be identified and implemented based upon the sand source site historical information: "RCRA 8" metals with extraction by USEPA Method 3050 and analysis by USEPA Method 6010 or 200.7 (i.e., arsenic, barium, cadmium, chromium, lead, mercury, selenium, silver). Data to be expressed in mg/kg. Total Recoverable Petroleum Hydrocarbons (TRPH) by Florida Department of Environmental Protection (FDEP) FL -PRO method. Data to be expressed in mg/kg. Chlorinated hydrocarbon pesticides by USEPA Method 8081, specifically aldrin, chlordane, dieldrin, endrin, heptachlor, and the DDT/DDD/DDE group. Data to be expressed in mg/kg. Page 2 of 5 • Polychlorinated biphenyls (PCBs) by USEPA Method 8082 (i.e., Aroclors 1016, 1221, 1232, 1242, 1248, 1254, and 1260). Data to be expressed in mg/kg. • As an alternative approach, USEPA Method 8270 may be used to capture the analysis listed in both the third and fourth categories, though that method is capable of identifying a much larger universe of substances that the individual methods cited. • If there is site - specific knowledge which suggests that assessment of the leaching potential for a particular sand source is warranted, the appropriate test method will be the Synthetic Precipitation Leaching Procedure (SPLP; USEPA Method 1312). • Specific protocols and sample numbers should be developed on a site - specific basis, based upon discussions between Florida DEP and the entity that is proposing the beach renourishment. Chemical testing results shall be consistent with naturally occurring background levels. WHEREAS, pursuant to the September 11, 2014 Final Report, the Community Monitoring Committee recommended to and accepted by the Town Commission that the Town support and move forward an Urging Resolution requesting a change in FDEP regulations regarding chemical testing of sand transfer onto the beach as part of a CCCL permit or similar permits issued by FDEP for placement of sand on a public beach urging the Florida Legislature and FDEP to amend the appropriate sections of the Florida Statues and rules and regulations of FDEP to require chemical testing of all sand placed east of the CCCL; and WHEREAS, the Town of Surfside urges Members of the Miami -Dade County Delegation of State of Florida Legislators, the Board of County Commissioners of Miami -Dade County, Miami -Dade County Department of Regulatory and Economic Resources ( "DERM "), all municipalities in Miami -Dade County, the Miami -Dade County League of Cities, the Florida League of Cities, and all other coastal municipalities and counties of Florida to support this resolution; and NOW THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF SURFSEDE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That each of the above stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Support by the Town of Surfside Town Commission for Recommended Baseline Analytical Profile. The Town Commission strongly urges and recommends the FDEP require that minimum chemical testing standards are established by the State of Florida: Page 3 of 5 • "RCRA 8" metals with extraction by USEPA Method 3050 and analysis by USEPA Method 6010 or 200.7 (i.e., arsenic, barium, cadmium, chromium, lead, mercury, selenium, silver). Data to be expressed in mg/kg. • Total Recoverable Petroleum Hydrocarbons (TRPH) by Florida Department of Environmental Protection (FDEP) FL -PRO method. Data to be expressed in mg/kg. • Chlorinated hydrocarbon pesticides by USEPA Method 8081, specifically aldrin, chlordane, dieldrin, endrin, heptachlor, and the DDT /DDD /DDE group. Data to be expressed in mg/kg. • Polychlorinated biphenyls (PCBs) by USEPA Method 8082 (i.e., Aroclors 1016, 1221, 1232, 1242, 1248, 1254, and 1260). Data to be expressed in mg/kg. • As an alternative approach, USEPA Method 8270 may be used to capture the analysis listed in both the third and fourth categories, though that method is capable of identifying a much larger universe of substances that the individual methods cited. • If there is site - specific knowledge which suggests that assessment of the leaching potential for a particular sand source is warranted, the appropriate test method will be the Synthetic Precipitation Leaching Procedure (SPLP; USEPA Method 1312). • Specific protocols and sample numbers should be developed on a site - specific basis, based upon discussions between Florida DEP and the entity that is proposing the beach renourishment. Chemical testing results shall be consistent with naturally occurring background levels. Section 3. Direction to Town Clerk. The Town Clerk is hereby directed to transmit a copy of this Urging Resolution to: the Governor of the State of Florida, the Secretary of the Florida Department of Environmental Protection, Members of the Miami -Dade County Delegation of State of Florida Legislators, the Board of County Commissioners of Miami -Dade County, Miami -Dade County Department of Regulatory and Economic Resources ( "DERM "), all municipalities in Miami -Dade County, the Miami -Dade County League of Cities, and the Florida League of Cities. Section 4. Implementation. The Town Manager is hereby authorized to take any and all action necessary to implement this Resolution. Section 5. Effective Date. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this I91h day oi' _, 2015. Page 4 of 5 Motion by Second by ���4szax/- 01612, FINAL VOTE ON ADOPTION: Commissioner Barry Cohen Commissioner Michael Karukin Commissioner Marta Olchyk Q Vice Mayor Eli Tourgeman Mayor Daniel Dietch ATTES Sandra Nox1a1WA -n Clerk APPROVEI IAS TO FORM AND LEGAL SUFFICIENCY FOR THE TOWN OF SURFSIDE ONLY: Cti� Linda Miller, Town Attorney Pa-e 5 of 5 Daniel Dietch. Mayor CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM4Project BY: Antonio F. Tomei, Capital ager DATE: March 26, 2015 SUBJECT: Recommendation: Bid No: 15- 03 -18 -2 — NE 29 PL North Drainage and Road Resurfacing Improvements April 7, 2015 City Commission Meeting Agenda Item Is—& Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 15- 03 -18 -2, NE 29 PL North Drainage and Road Resurfacing Improvements to the lowest responsible and responsive bidder, Williams Paving Company, Inc. for the price of $528,491.62. This project will be funded by Budget Line Item Numbers 410- 5001- 538 -6306 and 120- 5001 -6305. Background In accordance with the City's Purchasing Ordinance, bids for this project were solicited, advertised, and opened on March 18, 2015. The City received the following five (5) bids for this project. Williams Paving Company, Inc. $ 528,491.62 Southeastern Engineering Contractors $ 627,489.03 Southern Underground Industries $ 723,551.30 JVA Engineering Contractor, Inc. $ 987,225.20 Weekley Asphalt Paving, Inc. $1,290,080.00 This bid price allows for drainage improvements together with asphalt milling, resurfacing and sidewalk installation on NE 29 PL between NE 203rd ST and NE 199tn Avenue. The drainage work is scheduled to be completed in 90 days and the entire project is scheduled for 150 days. There will be periodic lane closures and the public will be made aware of those times. The drainage work in the amount of $313,202.42 will be funded by a State grant received during last year's Legislative Session. The remaining amount ($215,289.20) will be funded from the Transportation and Street Maintenance Fund. The cost of this portion of the project, based on the bid, was $84,711 less than the original estimate. RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID /CONTRACT FOR BID NO. 15- 03 -18 -2, NE 29 PL NORTH DRAINAGE AND ROAD RESURFACING IMPROVEMENTS TO WILLIAMS PAVING COMPANY, INC. AT THE BID PRICE OF $528,491.62; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 15- 03 -18 -2, NE 29 PL North Drainage and Road Resurfacing Improvements; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's Invitation to Bid /Notice to Bidders, specifications, proposals, and requirements for the project/work as cited above; and WHEREAS, staff has determined that Williams Paving, Inc. has submitted the lowest responsible and responsive bid for said project/work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid /contract to said lowest responsible and responsive bidder; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1: That the bid /contract for BID NO. 15- 03 -18 -2, NE 29 PL North Drainage and Roadway Resurfacing Improvements, is hereby awarded to Williams City of Aventura Resolution No. 2015 - Page 2 Paving, Inc. in the amount of $528,491.62. Section 2: That the City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, and specifications as set forth in the subject Invitation to Bid /Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3: That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid /contract. Section 4: That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Budget Line Item Numbers 410- 5001 - 538 -6306 and 120 - 5001 - 541 -6305. Section 5: This Resolution shall be 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 Denise Landman Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Teri Holzberg Mayor Enid Weisman City of Aventura Resolution No. 2015 - Page 3 PASSED AND ADOPTED this 7th day of April, 2015. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY SECTION 00410 SCHEDULE OF VALUES — BIDDER'S COMPANY NAME:_ Time to Substantial Completion: Phase 1 = 90 calendar days, or August 7, 2015, whichever occurs first; Phase 2 = 30 calendar days after completion of Phase l Work. Time to Final Completion: Phase 1 =30 calendar days (runs concurrent with Phase 2 Work); Phase 2 =30 calendar days. TOTAL CONTRACT TIME = 150 CALENDAR DAYS Pay Estimated Unit Item Quantity Description Unit Price Extended Price PHASE 1— DRAINAGE CONSTRUCTION (FDEP GRANT AGREEMENT NO S0724); LANE CLOSURE ALLOWED FROM 9:OOAM TO 3:30PM EACH DAY MONDAY - FRIDAY. CONTRACTOR TO DEMOBILIZE AND OPEN LANES FOR TRAFFIC ON WEEKENDS SEE BASE BID EXHIBIT). 100 1 General Conditions and LS : -- Mobilization — Phase 1 Work 101 1 Provide Maintenance Of Traffic LS per FDOT 600 Series Design - Standards - Phase 1 Work 102 1 Provide Erosion Control LS Measures — Phase 1 Work 103 8 Clean and Televise Drainage LF Pipe — 15" Pipe 104 1111 Clean and Televise Drainage LF Pipe — 18" Pipe 105 461 Clean and Televise Drainage LF Pipe — 24" Pipe 106 208 Clean and Televise Drainage LF Pipe — 60" Pipe�' 107 1 Curb Inlet (Type C — 24" x 37 ") EA `, -4'j } 108 1 Curb Inlet (Type C -P — 42" EA Round "r 109 1 Curb Inlet (Type C -4 — 48" EA / l Round" j%r % 110 3 Storm Manhole (Type M -4 — 48" EA �i Round) 111 4 Storm Manhole (Type M -5 — 60" EA Round) City of Aventura N.E. 29'h Place (North) Stormwater System Retrofits City of Aventura Bid No. 15 -03- t 8 -2 Addendum No. 2 00410-4 112 1 Storm Manhole (Type M -5 — EA 1 General Conditions and Mobilization — Phase 2 Work IS 60" x 60" Square) 113 6 Pollution Retardant Baffle EA 114 160 Pipe - 18" Diameter Slotted LF R.C.P. (Installation Includes All Bedding, Shoring, etc. as necessary to provide work) 115 150 Pipe - 18" Diameter Solid R.C.P. LF (Installation Includes All Bedding, Shoring, etc. as necessary to > provide work 116 620 Pipe - 24" Diameter Slotted LF R.C.P. (Installation Includes All Bedding, Shoring, etc. as �o' necessary to provide work) 117 50 Pipe - 24" Diameter Solid R.C.P. LF (Installation Includes All Bedding, Shoring, etc. as necessary to provide work) 118 9 Connect Exist. Drainage Pipe to EA Prop. Drainage Structure 71, 119 1 Replace Curb Inlet Hood and EA _7 Grate 120 1 Clean and Redevelop Existing LS Drainage Well (Up to 150' Depth) 121 1 Clean existing 20'(L) X 5'(W) LS drainage well baffle structure 122 1320 Pavement Restoration; Includes SY Removal and Disposal of Existing Pavement 123 1 Allowance for City of Aventura AL $20,000 Police Officer Presence During (; Construction SUB -TOTAL PHASE I PHASE 2 — ROADWAY CONSTRUCTION; LANE CLOSURE ALLOWED FROM 9:OOAM TO 3:30PM EACH DAY MONDAY- FRIDAY. CONTRACTOR TO DEMOBILIZE AND OPEN LANES FOR TRAFFIC ON WEEKENDS SEE BASE BID EXHIBIT). 200 1 General Conditions and Mobilization — Phase 2 Work IS City of Aventura N.E. 29`h Place (North) Stormwater System Retrofits City of Aventura Bid No. 15- 03 -18 -2 Addendum No. 2 00410- 5 201 1 Provide Maintenance Of Traffic LS per FDOT 600 Series Design s , Standards — Phase 2 Work 202 1 Provide Erosion Control LS Measures — Phase 2 Work 203 310 Clearing and Grubbing; Includes SY Tree and Shrub Removal p i 204 77 Concrete Traffic Separator SY 205 3900 Mill 1" Asphalt, Including SY Removal and Disposal of Existing ra! f Pavement 206 3900 1" Superpave SP -9.5 Asphaltic SY Concrete Pavement, Including } Tack Coat; 207 50 Pavement Repairs; Includes SY Removal and Disposal of Existing Pavement ' 208 140 Type "F" Curb & Gutter, Including LF 4" Limerock Pad - / l 209 330 4" Concrete Sidewalk (min. SY 3,000 psi) with Compacted Sub rade 210 3 Replace Roadway Loop EA Detectors and Wireless Vehicle, _ Detectors 211 5 Adjust Utility Pull Box Lids to EA Grade 212 3 Adjust Existing Manhole Rim EA 213 5 Adjust Existing Water Main Valve EA Box 214 3550 Pressure wash, Prepare and SF Paint existing C.B. Wall with Sherwin Williams: Stucco Heavy Duty Block Filler B25; and 2 coats Builders Select S/G B40 215 4 Relocate And /Or Adujust Existing EA Sign Post City of Aventura N.E. 29`h Place (North) Stormwater System Retrofits City of Aventura Bid No. 15- 03 -18 -2 Addendum No. 2 00410 - 6 216 2 Single Post Sign (up to 30" —x30") EA 217 1480 6" Solid Yellow Striping LF (Thermoplastic) 218 3050 6" Solid White Striping LF (Thermoplastic) r "' 219 40 18" Solid Yellow Striping LF (Thermoplastic) 220 160 18" Solid White Striping LF (Thermoplastic) 221 180 24" Solid White Striping LF (Thermoplastic) =- 222 12 Pavement Message — per letter EA (Thermoplastic) 223 15 Arrow (Thermoplastic) EA 224 1480 6" Solid Yellow Striping (Paint) LF 225 3050 6" Solid White Striping (Paint) LF 226 40 18" Solid Yellow Striping (Paint) LF 227 160 18" Solid White Striping (Paint) LF 228 180 24" Solid White Striping (Paint) LF 229 12 Pavement Message — per letter EA (Paint) 230 15 Arrow (Paint) EA 231 220 Reflective Pavement Marker EA (RPM) _'. 232 6 Calophyllum brasiliense (Brazilian EA Beautyleaf), 14' Ht. City of Aventura N.E. 29`h Place (North) Stormwater System Retrofits City of Aventura Bid No. 15-03,- 18-2 Addendum No. 2 00410- 7 233 152 Clusia guttifera EA (Small Leaf Clusia), 7 Gal. 234 3325 Stenotaphrum secundatum SF (St. Augustine 'Floratam' Sod) on 2" topsoil bed 235 70 Install Deeproot #UB -24 -2 LF Rootbarrier L, 236 1 Irrigation, Complete LS 237 3000 Provide And Install #6, 600V LF Rated, XHHW Conductor Installed In New/ Existing Conduit System. 238 5 Remove And Install Relocated EA Light Pole With New Concrete Base And Pullbox In New Sidewalk, Complete In Place. 239 1 New Composite Pull Box With EA Tier 15 Cover Installed In New Sidewalk. 240 1 Allowance for City of Aventura AL $15,000 Police Officer Presence During ! 1 ; Construction SUB -TOTAL PHASE 2 ' TOTAL COST — PHASE 1 AND PHASE 2* *BIDS SHALL BE AWARDED BY THE CITY TO THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER. IN ANALYZING BIDS, THE CITY MAY ALSO TAKE INTO CONSIDERA TION AL TERNA TE AND UNIT PRICES. REFER TO ARTICLE2.1, SECTION 710 -3. City of Aventura N.E. 29'h Place (North) Stormwater System Retrofits City of Aventura Bid No. 15- 03 -18 -2 Addendum No. 2 00410- 8 MEMORANDUM CRAVEN THOMPSON AND ASSOCIATES, INC. Date: March 26, 2015 To: Antonio F. Tomei, Capital Projects Manager Office of the City Manager „a,,,,;9aAn „oA Adolfo A. �n aez.FE SEED AD 011: cn—A— A. Gnrxalez, GE, Gonzalez, ,EEEare From: Adolfo A. Gonzalez, PE, LEED AP, Consulting Engineerm�;e.�,a�otMmD Oo PE, LEED AP �ezo,a3z6 s< ss� Reference: NE 29th Place (North) Stormwater System Retrofits Bid Number 15- 03 -18 -2 At your request, we have reviewed the results for the above referenced request for bids. The following contractors submitted a bid: • JVA Engineering Contractor, Inc. • Southeastern Engineering Contractors, Inc. • Southern Underground Industries, Inc. • Weekley Asphalt Paving, Inc. • Williams Paving Co., Inc. Enclosed is a bid tabulation summary and spreadsheet showing all of the individual unit and extended prices. None of the additive or deductive alternate bid prices changes the order of bids with respect to lowest to highest bidder. There are extension errors in Southeastern Engineering Contractors' bid but it does not affect the ranking of any of the potential bid combinations. Please refer to the note at the end of the bid tabulation sheet. The apparent low bidder is Williams Paving Co., Inc. for the Base Bid, Base Bid plus Additive Alternate, and the Base Bid less any of the Deductive Alternates. We are familiar with Williams Paving regarding their performance and deem them to be a responsible bidder. We do not recommend awarding Add Alternate 1 as part of the contract work since the time anticipated to secure the necessary permits will most likely extend beyond the overall construction schedule for the Base Bid described in Phases 1 and 2. We recommend accepting the bid price for Phase 1 and 2, which together make up the Base Bid, in addition to Deduct Alternate 2A. Deduct Alternate 2A will provide the contractor an efficient construction window while limiting traffic disruptions to a reasonable period of time. It is our opinion that Williams Paving Co., Inc. is the lowest responsible bidder and recommend awarding the contract to them for the Base Bid less Deduct Alternate 2A for the total amount of $528,170.98. If you have any questions or require any additional information, please call. Enclosures: Bid Summary and Bid Tabulation CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT AND FINANCE DEPARTMENT M TO: City Commission FROM: Eric M. Soroka, ICMA -C , ity Ma ager BY: Robert M. Sherman, Com ity Se ices Directto � P ri cn K. RaduCCl, Finance Direc DATE: March 31, 2015 SUBJECT: Resolution setting forth the ranking of firms to provide professional Disaster Debris Monitoring Services. April 7, 2015 Commission Meeting Agenda Item Td Recommendation It is recommended that the City Commission adopt the attached Resolution authorizing the City Manager to negotiate a contract with Tidal Basin Government Consulting, LLC to provide professional Disaster Debris Monitoring Services. Background The City recently requested submission of proposals from qualified firms to provide professional Disaster Debris Monitoring Services in accordance with the Federal Emergency Management Agency's (FEMA) Public Assistance (PA) Debris Monitoring Guide (FEMA 327 October 2010 edition). The following information contains excerpts taken from this document which serves as the basis for PA Project Worksheets (PWs)- the documents that authorize grant reimbursements from FEMA. This is a new service that would be utilized by the City only if and when a disaster or emergency occurs that generates large amounts of debris. In order to be eligible for PA Program funding, debris must be generated by a Presidentially declared disaster; located within the designated disaster area, be the legal responsibility of an eligible applicant to remove; and present an immediate threat to life, improved property, or public health and safety (44 CFR §206.223 and §206.224). Some of the costs associated with the removal of eligible debris as well as reasonable costs associated with certain monitoring activities may be eligible for reimbursement through PA grant funding offered from FEMA. As you might imagine, the commitment of staff resources and the intimate understanding and knowledge of PA guidelines and all applicable Federal, State, and local regulations presents a significant challenge to the City under the best of 1 circumstances let alone while trying to resume normal operations during a disastrous or emergency situation. The main purpose of utilizing a Monitor would be to maintain the effective coordination between the PA applicant (the City), State and FEMA to ensure that debris removal operations are efficient, effective and eligible for FEMA PA grant funding. Monitoring debris removal operations requires the PA applicant's comprehensive observation and documentation of debris removal work performed from the point of debris collection to final disposal. Monitoring debris removal work involves constant observation of crews to ensure that workers are performing eligible work in accordance with PA guidelines and all applicable Federal, State and local regulations. Failure to properly monitor debris removal operations may jeopardize PA funding. Accurate documentation of debris removal and disposal operations and eligible associated costs is the outcome of a good debris monitoring program. Debris monitoring documentation is critical to verify that debris operations are eligible for reimbursement, costs are reasonable, contract and procurement processes are appropriate, quantification of the debris is accurate, and the tracking of the debris to its final disposition is recorded and in compliance with all regulatory requirements. The City first advertised the availability of the RFP in the Daily Business Review and made a solicitation package available from www.demandstar.com on December 3, 2014. At that time, no responses were received. As a result, the City re- advertised the availability of the RFP in the Daily Business Review and made a solicitation package available from www.demandstar.com on February 11, 2015. Only one response was received — Tidal Basin Government Consulting, LLC. A copy of the RFP and their response is available for review in the Finance Department. A Review Committee consisting of the Community Services Director, the Finance Director and the Purchasing Agent interviewed Tidal Basin Government Consulting, LLC on March 31, 2015 and evaluated them on the following criteria as outlined in the RFP: A. Skill and experience demonstrated by the proposer in performing contracts of a similar nature (Max. 20 points) B. Methodology /technical project approach (Max. 15 points) C. Qualifications /experience of staff /personnel (Max. 25 points) D. References (Max. 15 points) E. Dollar amount of the proposal in relation to the services (Max. 25 points) Based on the foregoing, the Committee requests that the City Commission approve the attached resolution authorizing the City Manager to negotiate a contract with Tidal Basin Government Consulting, LLC for professional Disaster Debris Monitoring Services. Assuming a successful negotiation, the Administration plans to bring this item forward for Commission approval at the May 5t" Commission Meeting. If for some reason, a satisfactory contract is unattainable with that firm, the Administration would terminate negotiations and come back to Commission to obtain further direction. 2 RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING THE FIRM OF TIDAL BASIN GOVERNMENT CONSULTING, LLC TO PERFORM PROFESSIONAL DISASTER DEBRIS MONITORING SERVICES RELATIVE TO RFP NO. 15- 03 -11 -2, DISASTER DEBRIS MONITORING SERVICES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS AND FEES FOR SAID SERVICES; 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 of Aventura, in accordance with applicable State law, has requested proposals from firms to provide professional services relative to Disaster Debris Monitoring Services; and WHEREAS, one proposal was received in response to the RFP from Tidal Basin Government Consulting, LLC; and WHEREAS, said proposal was evaluated by a Review Committee consisting of the Community Services Director, the Finance Director and the Purchasing Agent; and WHEREAS, said Selection Committee recommends the firm of Tidal Basin Government Consulting, LLC based on said firm's experience and qualifications, and WHEREAS, the City Commission desires to authorize the City Manager to negotiate a scope of services and fees with the recommended firm. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The firm of Tidal Basin Government Consulting, LLC is hereby selected to perform Disaster Debris Monitoring Services for the City relative to RFP No. 15- 03 -11 -2 Disaster Debris Monitoring Services. Section 2. The firm has been selected on the basis of its experience and qualifications and has not finalized a fee structure with the City. Therefore, the City Manager shall immediately negotiate the scope of services and basis of fees with said firm. Section 3. The basis of fees above described shall be negotiated by the City Manager and approved by the City Commission prior to said firm beginning any labor or work for which the City may later be billed. City of Aventura Resolution No. 2015 - Page 2 Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 7th day of April, 2015. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, AA -C City Manager BY: Joanne Carr, AICP Community Development Director DATE: March 17, 2008 SUBJECT: Request for Conditional Use approval pursuant to Section 4 -2(a) of the City Code to permit service and sale of wine, champagne and gourmet beer from the Beluga Caviar Bar kiosk at the Aventura Mall at 19501 Biscayne Boulevard, Aventura (03- CU -15) April 7, 2015 City Commission Meeting Agenda Item (r RECOMMENDATION It is recommended that the City Commission approve the request for Conditional Use Approval to permit service and sale of wine, champagne and gourmet beer from the Beluga Caviar Bar kiosk at the Aventura Mall, 19501 Biscayne Boulevard, Aventura, subject to the following conditions: 1. Wine, champagne and beer may be sold and served to patrons seated at the kiosk only in conjunction with the service of food. 2. Customers will not be permitted to remove the glass of wine, champagne or beer from the kiosk, but may purchase sealed bottles for off - premises consumption pursuant to applicable State licenses. 3. This approval is granted exclusively to Beluga Bar Inc., doing business as Beluga Caviar Bar, at Kiosk K -2000 in the Aventura Mall and may not be transferred to another owner and /or operator of the kiosk. 4. The applicant's hours of operation shall coincide with the hours of operation of the Aventura Mall. 5. The applicant shall obtain a 2COP alcoholic beverage license from the State of Florida and begin sales and service of wine, champagne and beer 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. 6. The applicant shall conduct Responsible Vendor Training pursuant to Florida Statutes to ensure no sales are made to underage customers or to customers who may have been over - served at other establishments 7. The conditional use approval may be terminated in the event the City Manager determines that the approval has created and /or is creating a disturbance to the community or to Mall patrons and /or that the applicant has violated any condition of this approval. The applicant agrees to immediately discontinue sales and service of alcoholic beverages upon written notice to the applicant of such a determination. 8. Any discontinuation of the sales and service of wine, champagne and beer for a period of 180 consecutive days shall constitute abandonment and shall rescind this approval. THE REQUEST The applicant, Beluga Bar Inc., is requesting conditional use approval pursuant to Section 4 -2(a) of the City Code to permit sales and service of wine, champagne and gourmet beer at its kiosk in Space K2000 on the ground floor of the Aventura Mall at 19501 Biscayne Boulevard, Aventura. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Aventura Mall Venture APPLICANT Beluga Bar Inc. doing business as Beluga Caviar Bar ADDRESS OF PROPERTY 19501 Biscayne Boulevard, City of Aventura (See Exhibit #2 for Location Map) LEGAL DESCRIPTION Part of Tract Q, Aventura 6t" Addition, according to the plat thereof recorded in Plat Book 120, Page 20 of the Public Records of Miami -Dade County, Florida (See Exhibit #3 for complete legal description) Zoning — Subject Property: B2 Community Business District Properties to the North: B2 Community Business District, and CF Community Facilities District Properties to the South: B2 Community Business District Properties to the East: B2 Community Business District Properties to the West: U Utilities District Existing Land Use — Subject property: Regional Mall Properties to the North: Library & Fire Station Properties to the South: Retail & Office 2 Properties to the East: Retail, Office & Hotel Properties to the West: FEC Railway Future Land Use - According to the City of Aventura Comprehensive Plan, the following properties are 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 Beluga Caviar Bar is located in Kiosk K -2000 under the escalator /stairway next to the Piazza entrance to the Aventura Mall as shown in Exhibit #4. The Project - The applicant is requesting conditional use approval pursuant to Section 4 -2(a) of the City Code to permit sales and service of wine, champagne and beer at its kiosk in the Piazza area of the Aventura Mall at 19501 Biscayne Boulevard, Aventura. On- premises consumption of wine, champagne and beer will be allowed only in conjunction with food service. Package sales for off - premises consumption will be in sealed containers only. The kiosk has approximately 213 square feet of floor area, with eighteen seats at the kiosk counter. Photographs of the kiosk are attached as Exhibit #5. There are two other kiosks on the ground floor of the Aventura Mall; namely, Caviar & More! and Piacere News & Cafe, that have previously received a similar conditional use approval by the City Commission to sell wine and beer with similar conditions of approval. ANALYSIS Consistency with Comprehensive Master Plan - The request is consistent with the City of Aventura's Comprehensive Plan. The future land use designation for the parcel is Business and Office. Citizen Comments - The Community Development Department has received no written citizen comments as of the date of writing of this report. Community Development Department Analysis - The applicant wishes to serve and sell wine, champagne and beer for on- premises consumption only in conjunction with food service and in sealed containers for off - premises consumption at its kiosk in the Aventura Mall. Section 4.2 of the City Code provides that: "(a) Distance from other establishments. Unless approved as a conditional use, no premises shall be used for the sale of any alcoholic beverages, as defined here, to be consumed on or off the premises where the structure or place of business intended for .c3 such use is located less than 1,500 feet from a place of business having an existing, unabandoned, legally established (and not one of the uses excepted from the spacing requirements hereinafter provided) alcoholic beverage use which permits consumption on or off the premises. The 1,500 feet distance requirements shall be measured by following a straight line from the nearest portion of the structure or place of business. (b) Distance from religious facility or school. Unless approved as a conditional use, no premises shall be used for the sale of alcoholic beverages to be consumed on or off the premises where the structure or place of business intended for such use is located less than 2,500 feet from a religious facility or school ..." A liquor survey is required to show spacing and distance to other establishments with an alcoholic beverage use and to religious facilities and schools. The applicant has submitted the liquor survey attached as Exhibit #6. The survey reveals three (3) establishments with an alcoholic beverage use (and not one of the uses excepted from the spacing requirements of the City Code listed below) within 1,500 feet, two (2) religious facilities and three (3) learning centers within 2,500 feet. Subsection (e) of Section 4.2 provides for exceptions to spacing and distance requirements for private clubs, restaurants in the B1 and B2 zoning districts, cocktail lounges in restaurants, beer and wine sold as a grocery item, bowling alleys, hotels and motels, golf course clubhouses, tour boats, tennis clubs and not - for - profit theatres with live performances. The applicant's place of business does not meet the distance and spacing requirements and the use is not one of the exceptions in the subsection (e); therefore, conditional use approval is required to comply with Section 4.2(a) above. Criteria The following is staff's evaluation of the proposed use using the criteria for approval of conditional uses found in Section 31 -73(c) of the City's Land Development Regulations. 1. The proposed use shall be consistent with the Comprehensive Plan. The request is consistent with the City of Aventura Comprehensive Plan. The future land use designation for this parcel is Business and Office. 2. 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 and operation of the proposed service and sale of wine, champagne and beer will not be detrimental to or endanger the public health, safety or general welfare. The conditions that on- premises consumption of the alcoholic beverage will be made only in conjunction with food service and that the use may be terminated by the City Manager if the use creates a disturbance or is operated 4 in violation of the conditions of this approval will provide safeguards to ensure that the use will not be detrimental. 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The immediate neighborhood of the proposed use is comprised of retail, restaurant, office, hotel, commercial and medium and high density residential uses. The proposed use is consistent with the community character of the immediate neighborhood. 4. 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 requirement of these LDR's. The site is developed. The proposed use will not change the current levels of service required. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the City's Land Development Regulations. 5. 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. The site is developed. Adequate measures have been taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Ingress and egress to the Aventura Mall is existing on Biscayne Boulevard, Aventura Boulevard and West Country Club Drive. 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The establishment of this use will not impede the development of surrounding properties for uses permitted in the zoning district. 7. The design of the proposed use shall minimize adverse affects, 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 use is underneath the escalator /stairway at the Piazza entrance to the Aventura Mall and will have no visual or other adverse affects on adjacent property. BELuGA CAVIAR BAR VIA HAND — DELIVERY March 16, 2015 City of Aventura 19200 West Country Club Drive Aventura, FL 33180 Re: Beluga Bar, Inc. d /b /a Beluga Caviar Bar — Conditional Use for Sale and Service of Alcoholic Beverages Ladies and Gentlemen: Beluga Bar, Inc. signed a lease on December 15, 2014 and recently began conducting business at Kiosk No. K2000 in the Aventura Mall, selling caviar products, salmon products and other gourmet foods for on Premises consumption. We are desirous of securing an alcoholic beverage license to dispense wine, champagne and select beer to our customers in accordance with the Lease Agreement which allows us to serve alcohol for on Premises consumption, provided that it is only sold in conjunction with the sale of a food product. Accordingly, wine, champagne, and select beer products will be offered to customers for tasting while they are sampling caviar and other gourmet foods from time to time. Also, wine, champagne and select beer will be offered for sale in conjunction of the sale of food products from our menu. The Kiosk has 18 seats situated around an elegant horseshoe shaped bar area made of hand crafted marble. The business will be conducted with the following limitations: 1. Inasmuch, as the Beluga Bar, Inc. does not have an existing 2COP license, we will have to secure such with the State of Florida. Tastings and Sales will be limited to wine, champagne and select imported beer only for customers seated at the Premises for on Premises consumption. 2. Since we are exclusively offering "high end" products including caviar and foie gras, the wine, champagne, and beer offered will be at the upper end of the spectrum in both quality and price. 3. The brands of wine, champagne and beer will be exclusive and extremely limited. 4. Customers will not be permitted to remove glasses from the Kiosk. Exhibit #1 Page 1 of 2 03 -CU -15 5. We will conduct Responsible Vendor Training pursuant to Florida Statues to ensure no sales are made to any underage customers or to customers who may have been over served at other establishments. We are willing to accept a limitation on any approval to include the above and the aforementioned alcoholic beverages will only be served in conjunction with our gourmet food products. Mark Zaslaysky, President Page 2 of 2 BROWARD COUNTY DADE COUNTY • f ■ W'W ff W 5�T +��'VV yT49y ;■ '• Park treum YACHT CLUB DR. • 1 ■ • MARINA • ;■ Aiennn "ct HARBOR COVE �■ Ku,rpital � WAY CIRCLE ■ '■ &Medical w jJA� • i '• Centel Q MP \NE • co Waterways ■ WATERWAYS LVO Shoppes 207 ST. ■ ■ w ■ w :a Q Q COUNTRY CLUB DR. ■ The N 205 \ ■ ' ■ Promenade V • Shops IVES DAIRY RD. ;■ 203 ST. C%��l j ■ I �■ N d J ` ■ J :■ 201 TER. a, \L/ -� • � '■ N Turnberrylsle ` ■ m • Jp. m Resort & Club ° . • Q '• AVENTURA 0L J / • U ■ v O� O • 0 Fire it � • ■ Rescue Aventura ,r> q • ■ Station Library Z 1't s� xisr Gv �� • n it Subject Site ° Aventura Mall Z m • O YACHT Q • i City of Aventura U LUB �J • r Government Center �EHNj`p SWY W :r 192 ST. W1�LIAM • ,r Or • 192 ST: >: _ 191 ST, Q� 190 ST. MYSTIC ;■ w • 0 188 ST. • MIAMI • 33180 • U GARDENS DR. _ _ 18...... • O 5 S _ _ _ 33 60 ALO • � 183 ST. Dumfoundling Al . Bay ♦ Atlantic • r • Ocean Little _z y w'dliams i Biscayne Maule m Sound .i Harbour 180 ST, y N ;• Lake int X • " • Po ,, _ n � ♦ r East — ♦ / hopp g, la = j • P INT A s CC f a M a M, M M M Elm a 0, LEGEND Q `� Maule ♦ ♦max`. Lake ♦♦ �„ - Roadways M. ♦�� �,w 5 . - ... • City Boundary ♦ j;: —• - -- ZIP Code Boundary , Railroad Exhibit #2 03 -CU -15 LEGAL DESCRIPTION PARCEL 1: TRACT "R ", OF " AVENTURA SIXTH ADDITION ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PARCEL 2: A PORTION OF TRACT "Q" OF " AVENTURA SIXTH ADDITION ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, DADE COUNTY, FLORIDA; THENCE NORTH 87 DEGREES 2729" EAST, ALONG THE NORTH LINE OF SAID SECTION 3 FOR 875.83 FEET TO A POINT ON THE CENTERLINE OF AVENTURA BOULEVARD AS SHOWN ON SAID PLAT OF " AVENTURA SIXTH ADDITION "; THENCE SOUTH 02 DEGREES 32'31" EAST FOR 73.00 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT "Q "; THENCE SOUTH 87 DEGREES 2729" WEST, ALONG THE NORTH LINE OF SAID TRACT "Q" FOR 12.60 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 89 DEGREES 35'24" FOR AN ARC DISTANCE OF 78.18 FEET TO THE POINT OF TANGENCY BEING ON THE WESTERLY LINE OF TRACT "H" OF " AVENTURA FOURTH ADDITION ", ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 116, PAGE 34, OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA; THENCE SOUTH 02 DEGREES 07'55" EAST ALONG THE WESTERLY LINE OF SAID TRACT "H" FOR 423.52 FEET; THENCE NORTH 87 DEGREES 52'05" EAST FOR 26.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED TRACT OF LAND; THENCE NORTH 87 DEGREES 52'05" EAST FOR 148.00 FEET; THENCE NORTH 42 DEGREES 52'05" EAST FOR 56.57 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 31.63 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 325.00 FEET AND A CENTRAL ANGLE OF 72 DEGREES 28'48.8" FOR AN ARC DISTANCE OF 411.13 FEET TO THE POINT OF TANGENCY; THENCE NORTH 70 DEGREES 20'53.8" EAST FOR 122.00 FEET; THENCE NORTH 25 DEGREES 20'53.8" EAST FOR 58.66 FEET; THENCE NORTH 25 DEGREES 53'40" WEST FOR 94.96 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT " Q ", SAID POINT ALSO BEING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST AND BEARS SOUTH 21 DEGREES 19'21" EAST FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, AND ALONG THE NORTHERLY LINE OF SAID TRACT "Q ", HAVING A RADIUS OF 1505.40 FEET AND A CENTRAL ANGLE OF 04 DEGREES 34'19" FOR AN ARC DISTANCE OF 120.12 FEET; THENCE SOUTH 25 DEGREES 53'40" EAST FOR 117.40 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST AND BEARS NORTH 46 DEGREES 09'58" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 500.00 FEET AND A CENTRAL ANGLE OF 65 DEGREES 24'26" FOR AN ARC DISTANCE OF 570.78 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 125.00 FEET AND A CENTRAL ANGLE OF 23 DEGREES 10'58" FOR AN ARC DISTANCE OF 50.58 FEET; THENCE SOUTH 13 DEGREES 08'55" EAST FOR 10.62 FEET; THENCE NORTH 76 DEGREES 5105 EAST FOR 342.85 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 81 DEGREES 39'40" WEST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 810.00 FEET AND A CENTRAL ANGLE OF 04 Exhibit #3 03 -CU -15 DEGREES 48'35" FOR AN ARC DISTANCE OF 68.00 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 13 DEGREES 08'55" EAST FOR 469.40 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 111.00 FEET (THE LAST EIGHT (8) COURSES BEING ALONG THE BOUNDARY OF SAID TRACT "Q'�; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 42.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 123.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 20.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 74.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 639.08 FEET; THENCE NORTH 86 DEGREES 44'34" EAST FOR 42.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 116.48 FEET; THENCE NORTH 81 DEGREES 11'29" EAST FOR 294.34 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 81 DEGREES 11'29" WEST FOR THE CENTER OF SAID CURVE, SAID POINT ALSO BEING ON THE EAST LINE OF SAID TRACT "R ", AS SHOWN ON SAID PLAT OF "AVENTURA SIXTH ADDITION "; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT AND ALONG THE EAST LINE OF SAID TRACT "Q ", HAVING FOR ITS ELEMENTS A RADIUS OF 4656.66 FEET AND A CENTRAL ANGLE OF 6 DEGREES 38'08" FOR 539.29 FEET; THENCE NORTH 69 DEGREES 1755" WEST FOR 25.00 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS SOUTH 69 DEGREES 16'08 EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 64 DEGREES 25'24" FOR AN ARC DISTANCE OF 33.73 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 85 DEGREES 07,16" WEST FOR 87.61 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 92 DEGREES 56'22" FOR AN ARC DISTANCE OF 48.66 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 555.00 FEET AND A CENTRAL ANGLE OF 24 DEGREES 44'30" FOR AN ARC DISTANCE OF 239.66 FEET; THENCE SOUTH 60 DEGREES 00'00" WEST FOR 30.86 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS SOUTH 79 DEGREES 11'39" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 135.00 FEET AND A CENTRAL ANGLE OF 48 DEGREES 00'00" FOR AN ARC DISTANCE OF 113.10 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 726.18 FEET AND A CENTRAL ANGLE OF 29 DEGREES 18'21" FOR AN ARC DISTANCE OF 371.43 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 29 DEGREES 30'00" WEST FOR 331.34 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 110.00 FEET AND A CENTRAL ANGLE OF 25 DEGREES 00'00" FOR AN ARC DISTANCE OF 48.00 FEET; THENCE SOUTH 35 DEGREES 30'00" EAST RADIAL TO THE LAST DESCRIBED CURVE FOR 31.98 FEET; THENCE SOUTH 29 DEGREES 58'54" WEST FOR 92.90 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS SOUTH 07 DEGREES 29'11" WEST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 555.00 FEET AND A CENTRAL ANGLE OF 54 DEGREES 56'22" FOR AN ARC DISTANCE OF 532.17 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHEASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 84 DEGREES 24'26" FOR AN ARC DISTANCE OF 51.56 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 53 DEGREES 02'45" EAST FOR 0.31 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 522.50 FEET AND A CENTRAL ANGLE OF 27 DEGREES 32'27" FOR AN ARC DISTANCE OF 251.15 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5.00 FEET AND A CENTRAL ANGLE OF 125 DEGREES 32'55" FOR AN ARC DISTANCE OF 10.96 FEET; THENCE SOUTH 45 DEGREES 02'32" EAST FOR 25.00 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT "Q ", SAID POINT ALSO BEING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTH AND BEARS SOUTH 11 DEGREES 34'12" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT AND ALONG THE SOUTH LINE OF SAID TRACT "Q" HAVING A RADIUS OF 5594,58 FEET AND A CENTRAL ANGLE OF 04 DEGREES 13'04" FOR AN ARC DISTANCE OF 411.84 FEET; THENCE SOUTH 73 DEGREES 10'52" WEST ALONG THE SOUTH LINE OF SAID TRACT "Q" FOR 193.18 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCENTRIC WITH THE LAST DESCRIBED CURVE, SAID POINT BEARS SOUTH 05 DEGREES 24'45" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5629.58 FEET AND A CENTRAL ANGLE OF 01 DEGREES 01'21" FOR AN ARC DISTANCE OF 100.46 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 06 DEGREES 00'16" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1070,17 FEET AND A CENTRAL ANGLE OF 27 DEGREES 09'18" FOR AN ARC DISTANCE OF 507.20 FEET TO THE POINT OF TANGENCY; THENCE NORTH 56 DEGREES 50'26" WEST FOR 488.24 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 1221.67 FEET AND A CENTRAL ANGLE OF 23 DEGREES 12'04" FOR AN ARC DISTANCE OF 494.70 FEET; THENCE NORTH 11 DEGREES 19'21" WEST FOR 10.69 FEET; THENCE NORTH 09 DEGREES 46'52" EAST FOR 73.41 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 09 DEGREES 46'52" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 275.00 FEET AND A CENTRAL ANGLE OF 78 DEGREES 05'13" FOR AN ARC DISTANCE OF 374.79 FEET TO THE POINT OF TANGENCY; THENCE NORTH 02 DEGREES 07'55" WEST FOR 200.00 FEET; THENCE NORTH 47 DEGREES 07'55" WEST FOR 56.57 FEET; THENCE SOUTH 87 DEGREES 52'05" WEST FOR 148.00 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 90.00 FEET ;THENCE NORTH 87 DEGREES 52'05" EAST FOR 148.00 FEET; THENCE NORTH 42 DEGREES 52'05" EAST FOR 56.57 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 283.37 FEET; THENCE NORTH 47 DEGREES 0755" WEST FOR 56.57 FEET; THENCE SOUTH 87 DEGREES 52'05" WEST FOR 148.00 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 90.00 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE FOLLOWING PARCEL OF LAND: A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI -DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI -DADE COUNTY, FLORIDA; THENCE NORTH 87 DEGREES 27'29" EAST, ALONG THE NORTH LINE OF SAID SECTION 3 FOR 875.83 FEET TO A POINT ON THE CENTERLINE OF AVENTURA BOULEVARD; THENCE SOUTH 02 DEGREES 32'31" EAST FOR 73.00 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF AVENTURA BOULEVARD; THENCE SOUTH 87 DEGREES 27'29" WEST ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE A DISTANCE OF 12.60 FEET TO A POINT; THENCE 78.18 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CHORD OF 70.45 FEET BEARING SOUTH 42 DEGREES 39'47" WEST TO A POINT ON THE EASTERLY RIGHT -OF -WAY LINE OF STATE ROAD NO. 5 (U.S. HIGHWAY NO. 1), AS SHOWN ON THE PLAT OF " AVENTURA FOURTH ADDITION ", AS RECORDED IN PLAT BOOK 116, PAGE 34 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA; THENCE SOUTH 02 DEGREES 0755" EAST ALONG SAID EASTERLY RIGHT -OF -WAY LINE FOR A DISTANCE OF 1320.72 FEET TO A POINT; THENCE NORTH 87 DEGREES 52'05" EAST FOR A DISTANCE OF 435.30 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING OF THE FOLLOWING DESCRIPTION; THENCE NORTH 74 DEGREES 30'00" EAST FOR A DISTANCE OF 170.36 FEET TO A POINT; THENCE NORTH 15 DEGREES 30'00" WEST FOR A DISTANCE OF 18.00 FEET TO A POINT; THENCE NORTH 74 DEGREES 30'00" EAST FOR A DISTANCE OF 491.43 FEET TO A POINT; THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 380.10 FEET TO A POINT; THENCE SOUTH 29 DEGREES 30'00" WEST FOR A DISTANCE OF 6.62 FEET TO A POINT; THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 94.67 FEET TO A POINT; THENCE SOUTH 29 DEGREES 30'00" WEST FOR A DISTANCE OF 78.54 FEET TO A POINT; THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 31.21 FEET TO A POINT; THENCE SOUTH 15 DEGREES 30'00" EAST FOR A DISTANCE OF 510.00 FEET TO A POINT; THENCE SOUTH 74 DEGREES 30'00" WEST FOR A DISTANCE OF 64.02 FEET TO A POINT; THENCE SOUTH 25 DEGREES 00'00" WEST FOR A DISTANCE OF 85.78 FEET TO A POINT; THENCE NORTH 65 DEGREES 00'00 WEST FOR A DISTANCE OF 162.20 FEET TO A POINT; THENCE 320.42 FEET ALONG AN ARC TO THE RIGHT, HAVING A RADIUS OF 2250.00 FEET AND A CHORD OF 320.15 FEET AND BEARING NORTH 60 DEGREES 55'13" WEST TO A POINT; THENCE NORTH 56 DEGREES 50'26" WEST FOR A DISTANCE OF 325.26 FEET TO A POINT; THENCE NORTH 49 DEGREES 47'23.6" WEST FOR A DISTANCE OF 485.32 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING. FURTHER LESS & EXCEPTING FROM PARCEL 2 THE FOLLOWING DESCRIBED LANDS CONVEYED TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, BY SPECIAL WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 17502, PAGE 4216 OF THE PUBLIC RECORDS OF MIAMI - DADE COUNTY, FLORIDA, TO -WIT: THOSE PORTIONS OF TRACT "Q ", AVENTURA SIXTH ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 120, PAGE 20, OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, IN THE NORTHWEST ONE- QUARTER (N.W. ' /a) OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID TRACT "Q "; THENCE ALONG THE WEST LINE OF SAID TRACT "Q ", FOR THE FOLLOWING THREE (3) COURSES, (1) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 29.240 METERS (95.93 FEET); (2) THENCE NORTH 01 DEGREES 28'13" EAST, A DISTANCE OF 43.775 METERS (143.62 FEET); (3) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 82.872 METERS (271.89 FEET) TO REFERENCE POINT "A" AND THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST LINE, NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE NORTH 87 DEGREES 53'07" EAST, A DISTANCE OF 0.457 METERS (1.50 FEET); THENCE SOUTH 02 DEGREES 0721" EAST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE SOUTH 87 DEGREES 53'07" WEST, A DISTANCE OF 0.457 METERS (1.50 FEET) TO THE POINT OF BEGINNING. AND COMMENCE AT THE AFOREMENTIONED REFERENCE POINT "A "; THENCE ALONG THE WEST LINE OF SAID TRACT "Q ", FORTH FOLLOWING FIVE (5) COURSES, (1) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 27.432 METERS (90.00 FEET); (2) THENCE NORTH 14 DEGREES 48'10" WEST, A DISTANCE OF 12.497 METERS (41.00 FEET); (3) NORTH 02 DEGREES 0721" WEST, A DISTANCE OF 15.246 METERS (50.02 FEET); (4) THENCE NORTH 01 DEGREES 50'16" EAST, A DISTANCE OF 39.719 METERS (130.31 FEET); (5) THENCE NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 43.721 METERS (143.44 FEET) TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST LINE, NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE NORTH 87 DEGREES 53'01" EAST, A DISTANCE OF 0.457 METERS (1.50 FEET); THENCE SOUTH 02 DEGREES 07'21" EAST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE SOUTH 87 DEGREES 53'01" WEST, A DISTANCE OF 0.457 METERS (1.50 FEET) TO THE POINT OF BEGINNING. PARCEL 3: ALL THOSE CERTAIN PLOTS, PIECES OR PARCELS OF LAND, SITUATE, LYING AND BEING IN THE COUNTY OF MIAMI -DADE, STATE OF FLORIDA, AND DESCRIBED AS FOLLOWS: "QUADRANT D" A PORTION OF TRACT "Q" OF "AVENTURA SIXTH ADDITION ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE S.E. CORNER OF TRACT "R" OF SAID PLAT OF "AVENTURA SIXTH ADDITION ", SAID POINT BEING ON A CURVE CONCAVE TO THE N.E.; THENCE ALONG THE WESTERLY RIGHT - OF-WAY LINE OF WEST COUNTRY CLUB DRIVE FOR THE FOLLOWING THREE (3) COURSES; (1) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 4656.66 FEET AND A CENTRAL ANGLE OF 6 DEGREES 38'08" FOR 539.29 FEET TO A POINT ON SAID CURVE AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER DESCRIBED; (2) THENCE CONTINUE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 4656.66 FEET AND A CENTRAL ANGLE OF 2 DEGREES 49'41" FOR 229.85 FEET TO A POINT OF REVERSE CURVATURE; (3) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1275.14 FEET AND A CENTRAL ANGLE OF 9 DEGREES 32'14" FOR 212.25 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; THENCE SOUTHEASTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 50.0 FEET AND A CENTRAL ANGLE OF 86 DEGREES 09'34" FOR 75.19 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5594 .58 FEET AND A CENTRAL ANGLE OF 1 DEGREES 00'20" FOR 98.19 FEET TO A POINT; THENCE N 45 DEGREES 0232" W FOR 25.00 FEET TO A POINT ON A CURVE TO THE LEFT, SAID POINT BEARS S 45 DEGREES 02'32" E FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 5.00 FEET AND A CENTRAL ANGLE OF 125 DEGREES 32'55" FOR 10.96 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A. RADIUS OF 522.50 FEET AND A CENTRAL ANGLE OF 27 DEGREES 32'27" FOR 251.15 FEET TO A POINT OF TANGENCY; THENCE N 53 DEGREES 02'45" W FOR 0.31 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 84 DEGREES 24'26" FOR 51.56 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 555.0 FEET AND A CENTRAL ANGLE OF 54 DEGREES 56'22" FOR 532.17 FEET TO A POINT ON SAID CURVE, SAID POINT BEARS S 7 DEGREES 29'11" W FROM THE CENTER OF SAID CURVE; THENCE N 29 DEGREES 58'54" E FOR 92.90 FEET; THENCE N 35 DEGREES 30'00" W FOR 31.98 FEET TO A POINT ON A CURVE TO THE LEFT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 110.0 FEET AND A CENTRAL ANGLE OF 25 DEGREES 00'00" FOR 48.00 FEET TO A POINT OF TANGENCY; THENCE N 29 DEGREES 30'00" E FOR 331.34 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 726.18 FEET AND A CENTRAL ANGLE OF 29 DEGREES 18'21" FOR 371.43 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 135.0 FEET AND A CENTRAL ANGLE OF 48 DEGREES 00'00" FOR 113.10 FEET TO A POINT ON SAID CURVE; THENCE N 60 DEGREES 00'00" E FOR 30.86 FEET TO A POINT ON A CURVE TO THE RIGHT, SAID POINT BEARS N 63 DEGREES 19'08" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 555.0 FEET AND A CENTRAL ANGLE OF 24 DEGREES 44'30" FOR 239.66 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT; THENCE SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 30.0 FEET AND A CENTRAL ANGLE OF 92 DEGREES 56'22" FOR 48.66 FEET TO A POINT OF TANGENCY; THENCE N 85 DEGREES 07'16" E FOR 87.61 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT; THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 30,0 FEET AND A CENTRAL ANGLE OF 64 DEGREES 25'24" FOR 33.73 FEET TO A POINT ON SAID CURVE; THENCE S 69 DEGREES 12'55" E FOR 25.0 FEET TO THE POINT OF BEGINNING. PARCEL 4: A PORTION OF TRACT "Q" OF AVENTURA SIXTH ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 120, PAGE 20, PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF TRACT "R" OF SAID PLAT OF AVENTURA SIXTH ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 120, PAGE 20 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA; THENCE NORTH 02 DEGREES 40' 32" WEST, ALONG THE WEST BOUNDARY LINE OF SAID TRACT "R" AND ALONG THE BOUNDARY LINE OF SAID TRACT "Q ", FOR 116.48 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PROPERTY; THENCE CONTINUE NORTH 02 DEGREES 40' 32" WEST, ALONG THE PREVIOUSLY DESCRIBED LINE OF 700.65 FEET; THENCE SOUTH 87 DEGREES 19' 28" WEST, ALONG THE BOUNDARY LINE OF SAID TRACT "Q ", FOR 239.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 42.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 123.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 20.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 74.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST, ALONG A LINE 42.00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF SAID TRACT "R ", FOR 639.08 FEET; THENCE NORTH 86 DEGREES 44'34" EAST FOR 42.00 FEET TO THE POINT OF BEGINNING. in Kiosk Location Exhibit #4 03 C U -15 4 { 1 4 M ` ." l f�. ;it. 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't, � 1 t . y `'S ^ � � __ i L� r u 1 `.i }�' l' , \ i 1 °� -'�. i,� ,, �1 �. 1' '� z: - ;" _ � l `1.,.' ��, I ]y ti +t •' �, �' w ,i i i l' 1 :, 1' ti. � i : t i-. \ � i � 1 �_ 7 y _ � _` 1 S � ti •� 7 � _ } 1 \y`l , l � S � L � � - - . 1 , 1 4L r , } � 1. '�} - 1� � ''lil�l-y 4,•_ .; ,,.1 � � �� L `ti +�il, �' \ 1 '!L_.. ..7:' + +w . -. - - , ` .t E-� i l� .�` 11`1 4 `\ ��`,�♦ -1t� � I i ,.� '` � \ ,.ti � �= `l r.�`` ,i1• ; } .I ,j y \,. � _ � � - __ -__ e I r t r a; �b t I r: i , � ` 1 ► ,EY ALLSTATE SURVEYING, LLC PROPERTY LOCATION MAP PROUDLY SERVICING ALL OF FLORIDA �• -m Mac s Apple Store► 4 � 5 r- The Cheesecak-e Factory Tl F a r ?19501 Sis yrw Blvd � �� � A ' . FS l L4 T• r •�'�� _. _ M61- d��' �..��. '' -f FLORIDA KFYS aouxs woo wn moo. i torindffs - DATE : 03/18/2015 FILE NUMBER: CAM.PO.03 -15 PROPERTY ADDRESS: 19501 BISCAYNE BOULEVARD UNIT K2000, AVENTURA, FL 33180 CERTIFICATIONS: LEGAL DESCRIPTION: COUNTY: MIAMI -DADE BELUGA BAR, INC. A PORTION OF TRACT "Q" OF AVENTURA SIXTH ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 120, AT PAGE 20 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. FLOOD INFORMATION: COMMUNITY NUMBER: 120676 PANEL NUMBER: 12086CO134 DATE OF INDEX: 09/11/2009 SUFFIX: L FLOOD ZONE: AE BASE FLOOD ELEV: 7.0 LEGEND & ABBREVIATIONS: GENERAL NOTES: A /C .............AIR CONDITIONER OVERHEAD CABLES(OH) THIS IS A COPYRIGHT DOCUMENT CONTAINING PROPRIETARY INFORMATION BM ..............BENCHMARK off AND IS NOT WARRANTED BY ALLSTATE SURVEYING, LLC. OR THE SIGNING (C) ..............CALCULATED POLYVINYLCHLORIDE FENCE (PVCF) SURVEYOR WHEN COPIED BY OTHERS. C.G............ GUTTER OR VALLEYED GUTTER C & G......... CURB CURB & GUTTER WIRE OR CHAIN LINK FENCE (CLF) UNLESS OTHERWISE SHOWN HEREON, THE FOLLOWING NOTES APPLY: CH ..............CHORD * RECORD AND MEASURED CALLS ARE IN SUBSTANTIAL AGREEMENT AND POINTS C.M.E ......... CANAL MAINTENANCE EASEMENT WOOD FENCE (WF) ARE WITHIN 0.10' POSITIONAL TOLERANCE. CNA ............ CORNIER NOT ACCESSIBLE METAL FENCE (MF) * THE LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS OR OTHER CONIC......... CONCRETE RECORDED ENCUMBRANCES NOT SHOWN ON THE PLAT AND THE SAME, IF ANY D .................DELTA (CENTRAL ANGLE) D.E ..............DRAINAGE EASEMENT MASONRY OR CONCRETE BLOCK WALL .------ - - - - -- MAY NOT BE SHOWN ON THIS SKETCH. EOP ............ EDGE OF PAVEMENT CONCRETE * UNDERGROUND PORTIONS OF FOOTINGS, FOUNDATIONS OR OTHER IMPROVEMENTS FC ...............FENCE CORNER 'j �'� • •• i '• '' '��•'� WERE NOT LOCATED. FDH ............ FOUND DRILL HOLE • • * ELEVATIONS ARE BASED ON NGVD 29 OR NAVD 88 AS NOTED ON SKETCH. FE ...............FENCE ENDS F.F ..............FINISHED FLOOR OVERHANG(O /H) OR ROOF __- (FLOOD ZONES: "B ", "C ", "D" & "X" ARE NOT IN DESIGNATED FLOOD HAZARD ZONE AREA. FIP/FIR ....... FOUND IRON PIPE /ROD * FENCE TIES ARE TO THE CENTERLINE OF THE FENCE. FENCE OWNERSHIP NOT FN ...............FOUND NAIL COMMUNICATIONS BOX DETERMINED BY THIS OFFICE. FN &D .......... FOUND NAIL AND DISC CATCH BASIN * WALL TIES ARE TO THE FACE OF THE WALL. F.Pk............FOUND F.Pk.N ......... FOUND PARKER KALON NAIL * BASIS OF BEARINGS, IF ANY, ARE ASSUMED PER PLAT AND /OR LEGAL DESCRIPTION. LD SURVEYOR'S IDENTIFICATION CHATT ........ CHATTAHOOCHIE, EPDXY -STONE SEWER MANHOLE * THIS SURVEY HAS BEEN PREPARED FOR THE EXCLUSIVE PURPOSE FOR USE AS AN L ..................LENGTH UTILITY POLE (UP) AID IN OBTAINING TITLE INSURANCE ON THE HEREON DESCRIBED PROPERTY. L.A.E ........... LIMITED ACCESS EASEMENT LIGHT POLE (LP) NO ADDITIONAL WARRANTIES ARE HEREBY EXTENDED. L.M.E .......... LAKE MAINTENANCE EASEMENT WATER METER (WM) * THIS SURVEY IS VALID IN ACCORDANCE WITH F.S. 627.7842 FOR A PERIOD OF 90 DAYS (M) ..............MEASURE FROM THE DATE OF CERTIFICATION. O /S ..............OFFSET v UTILITY ANCHOR I HEREBY CERTIFY THAT THIS SKETCH OF SURVEY SURVEYOR'S SEAL ..............P P. FIRE HYDRANT (FH) P . C ..............POIN T OF CURVATURE IN P.C.0 .......... POINT OF COMPOUND CURVATURE CENTER LINE WAS MADE UNDER MY RESPONSIBLE CHARGE PL ................PANTER L P .O.B .......... .PA E BEGINNING R PROPERTY LINE AND TO THE BEST OF MY KNOWLEDGE AND BELIEF 11. HYAT L� T P.O.C..........POINT OF COMMENCEMENT WATER VALUE / CLEANOUT SAID SURVEY MEETS THE MINIMUM TECHNICAL �� SE P.R.C..........POINT OF REVERSE CURVATURE STANDARDS SET FORTH BY THE FLORIDA BOARD P.R.M........ POINT OF A GENCYREFERENCE MONUMENT ® CABLE BOX (CA.TV.) OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 463 R .................RADIUS ELEVATRIC METER 5J -17 FLORIDA ADMINISTRATIVE C ODE FURTHER, (R) ...............RECORD (EM) Q THIS DOCUMENT IS ELECTRONICALLY SIGNED AND R /W .............RIGHT -OF -WAY ELECTRIC BOX (FPL) SEALED PURSUANT TO SECTION 472.027, OF THE SIR ..............SET 1/2" IRON ROD SND ............ SET NAIL AND DISC HANDICAP PARKING (HCP) FLORIDA STATUTES AND CHAPTER 5J -17 OF THE (TYP.) .......... TYPICAL FLORIDA ADMINISTRATION CODE. (c) 2015 W U.E ..............UTILITY EASEMENT W.E EDGE O PLANTER OR PLANTED �O STATE OF � .............WATER'S POINTS OF INTEREST QA SPECIFIES POINT OF INTEREST Opp ELEVATION MARKER BILL H. HYATT JR 6 FLORIDA �`�I © SPECIFIES POINT OF INTEREST IV TREE ( SIZE / TYPE ) PROFESSIONAL LAND SURVEYOR 4636 O�`�L S URVE C¢ ■ QR CODE ■ ■ k0l ' STATE OF FLORIDA LICENSE NUMBER: FIELD DATE: 03/17/2015 SIGNED DATE: 03/18/2015 REVISED DATE: � SCAN TREE (SIZE/ TYPE ) ■` 'Vff, ■ ` TREE (SIZE/ TYPE) m -Allstate ji—arveying ■ ■ - TREE (SIZE/TYPE) State of the Art Land Surveying & Mapping ■ Corporate Head Quarters: 4987 N UNIVERSITY DRIVE, LAUDERHILL, FLORIDA 33351 PAGE 1 of 3 FILE NUMBER: CAM.PO.03 -15 PH: (888) 569 -0480 1 www.AIIStateSurveyors.com I FAX: (888) 569 -4590 �r Minis( k4 ev Realtor, Inc. 202nd t F � 0 Abra ham Watnik 02 NE 201 k Terrace Turnbe sly 500 FOOT RAIDIUS CONJIUNITY USE _ _ Avernus Welk �n0� Miami, Au aph La ndm Li rk Avenl um Fir � Ran � I Iectiong maxwelle Plaza _ ; Forth Plaza Realiy 191 St St NE tilg1 st Dr 0a zNsgiiiiiiia rn NJ CvncjCFge >, 500 FOOT RA 1?Cy US r CD 7 TYL'TZONL' M c iti =rl 2 16, Farb€ wed �' na Acosta Aventum Loehman n's F111 Roxy Mail . NJ - GU lksi Ive r cri T�rrr��rr� 195,01 VT ISCAYzVZ BL #A-- -,2000 RA, FL 33 D < �� rD ,edam I ■ �4 � A SSOC�$ � R Ubinsl inr- 4 E ti St MID, FA CIS ��� Sears verz"I 24 YAP {j N T � 2 f� k —f w r4 .4 " N E ' :%rd S t I� at g A���� . �r Minis( k4 ha i n Iaza 'a F rb NE 192nd S 00 _ Avernus Gover ent 191 St St NE tilg1 st Dr 0a CvncjCFge Founders Conned NE 1 90th 5t Farb€ �' na Acosta Loehman n's F111 L shion Island r {; : R ih�d M. ff Galitz Isla, FAGSrr, re Arty & . F > ' _ C L-I to r Gent-81' t• r Ra skei bal l SCALE: 1 " = 800' PAGE: 2 OF 3 I FILE NUMBER: CAM.P0.03 -15 I 2,500 FOOT AND 1,500 FOOT RADIUS SURVEY COMMUNITY USES: A OJUS PARK 18995 W DIXIE HIGHWAY AVENTURA, FL 33180 B FOUNDER'S PARK- 19200 W COUNTRY CLUB DRIVE AVENTURA, FL 33180 C AVENTURA CITY OF EXCELLENCE SCHOOL 3333 NE 188TH STREET AVENTURA, FL 33180 D CLASH CHURCH 19900 W COUNTRY CLUB DRIVE AVENTURA, FL 33180 E WORD OF GOD MINISTRIES 19300 W DIXIE HIGHWAY AVENTURA, FL 33180 F I HEBREW LEARNING CENTER 19210 W DIXIE HIGHWAY AVENTURA FL 33180 G TALK ENGLISH SCHOOL 19032 NE 29TH AVENUE AVENTURA, FL 33180 H INLINGUA LANGUAGE SCHOOL 19020 NE 29TH AVENUE AVENTURA, FL 33180 LIQUOR LICENSES: 1 BELLA LUNA 19575 BISCAYNE BOULEVARD #1097 AVENTURA, FL 33180 4COP 2 59TH & LEX RESTAURANT 19555 BISCAYNE BOULEVARD AVENTURA, FL 33180 2COP 3 CAVIAR & MORE 19501 BISCAYNE BOULEVARD #K1999 AVENTURA, FL 33180 2COP 4 CHE PASTA AT AVENTURA 19575 BISCAYNE BOULEVARD #1373 AVENTURA, FL 33180 2COP 5 CHEESECAKE FACTORY 19501 BISCAYNE BOULEVARD #791 AVENTURA, FL 33180 4COP 6 COURTYARD BY MARRIOTT 2825 NE 191 ST STREET AVENTURA, FL 33180 4COP 7 CVS PHARMACY 2974 AVENTURA ROAD AVENTURA, FL 33180 2APS 8 FRESKO 19048 NE 29TH AVENUE AVENTURA, FL 33180 2COP 9 GRAND LUX CAFE 19575 BISCAYNE BOULEVARD AVENTURA, FL 33180 4COP 10 LUCA BELLA 19088 NE 29TH AVENUE AVENTURA, FL 33180 4COP 11 MAMA SBARRO PIZZA COMPANY 19575 BISCAYNE BOULEVARD #1455 AVENTURA, FL 33180 2COP 12 MARRIOTT RESIDENCE INN 19900 WEST COUNTRY CLUB DRIVE AVENTURA, FL 33180 4COP 13 NORDSTROM CAFE BISTRO 19507 BISCAYNE BOULEVARD AVENTURA, FL 33180 2COP 14 PIACERE NEWS & CAFE 19575 BISCAYNE BOULEVARD #K1992 AVENTURA, FL 33180 2COP 15 PIZZA ROMA 19090 NE 29TH AVENUE AVENTURA, FL 33180 2COP 16 SALSA GRILL RESTAURANT 19575 BISCAYNE BOULEVARD AVENTURA, FL 33180 2COP 17 SHRIMP MARKET 19575 BISCAYNE BOULEVARD #1429 AVENTURA, FL 33180 2COP 18 SUSHI SIAM 19575 BISCAYNE BOULEVARD #3206 AVENTURA, FL 33180 4COP 19 TANGO GRILL PARRILLADA 19575 BISCAYNE BOULEVARD #1425 AVENTURA, FL 33180 2COP 20 THE CHEESE COURSE 19575 BISCAYNE BOULEVARD #383 AVENTURA, FL 33180 2COP 21 THE GRILL ON THE ALLEY 19501 BISCAYNE BOULEVARD #783 AVENTURA, FL 33180 4COP 22 TRATTORIA ROSALIA 19501 BISCAYNE BOULEVARD AVENTURA, FL 33180 2COP 23 VI AT AVENTURA 19333 WEST COUNTY CLUB DRIVE AVENTURA, FL 33180 4COP 24 PARADISE CAFE 19575 BISCAYNE BOULEVARD #1417 AVENTURA, FL 33180 2C0 PAGE: 3 OF 3 1 FILE NUMBER: CAM.PO.03 -15 1 2,500' AND 1,500' RADIUS SURVEY T LAJ tVw _ J tLAJ _ 1 OO O CL I I OC zi CJ m aU V ftmft Lift V W CL Ln C a s " N � m W aJ Ln 14 U W V aJ U LL 3 O m v W m" a O o O o� Ln U N Yi O 00 O m N m � rn m m ry) m m m c- s Z- U > Q O 3 m " a) a) �n U s Ul It a) O O Lr) N W LL J W LL a J 3 m CC > 00 00 OLurnm x O OAS m m 00 J >,M LLI J J_ J J LA Z U ZC� m W > O LJJ m 0 00 W CO 0 00 Q J N r-1 700 Q ri z 0 00 W m r Z�>0 m T -I �>0 m r-I ;0 00 W m °a o°o a m ri Q;o°o U m -I Z�'°co CO chi Q o°o GG m ri Y O M U > -1 x v m cM LL > J +, M �CQC v,m G r-I M m Q N > O M Q cM > J D a) M cM J J M cM J (Ij M a �M �� Q O M Co cm Z> J O M X �m LIJJ >- J Q a J M Z �m Q � G a J M �m W >- J W r6 J LA U LL W }.L W CO >✓ O m U LL J J `n co m >r Q Ql J a Q LL aaLj 6 }� " J J J LL W Lu mz L O ro B U LL " z - wm m LL �j U " om m LL U Q cn �m m m LL U v� Wm H m LL Q U " CO 2 m LL U y,1 " Lm m LL N U " Qm a m LL U " CO N UO� H O U }r-I+3 W O F- F- 3 Q00 U 00 O Wr-I+3 > M O 3 LQLrI+� LL N O U 3 10) r-I C 3 Zn+L ri O 3 �+� = 0 O O Ln d� 1 ui ri +D+ O O X l!'1 D m Ql C W U Ln a) xarn > HLLa) > LJJ J Lr) aJ xJrn > �ariQ W N a) O >00 > UQNQ U p aJ 7a) > Jr1Q 00 aJ 000 > Zc-IQ I� aJ X00 > co-4 LWL 1� N Q00 > Uc-IQ 1� aJ 000 > u-1 O aJ Orn > IIA 00 aJ x00 > Ur-1Q 00 a) w00 > dc-IQ a) aJ X00 > dr-IQ O � Q Q ul 0100 c-I 00 O m N 00 n Il c-I l0 m oo ri N Ol rn c-I c- s Z- U > Q O 3 m " a) a) �n U s N 3 a) U " .0 " ro a) O J V) 'a0-, In " s s C E a-•I " 3 N W LL J W LL a J 3 m CC > 00 00 OLurnm x O OAS m m 00 J >,M LLI at C) O } L Z Q m LA Z U ZC� m oc Lu w �°° x 0 J ZU H U N LL z(7ui -j x Q N LL �?w Q U LL U C- -1 LL-� a) M W a) m Z C N JOU ui ro z v x m OZ�-j a� 3 m00++ p C ~ Z Z 3 L7zN+� cc O >�z 3 aZa) a' W� L Nm m D QOM+•' >Ol O W mLL H�r-I � aZps vi UJ W O (6G O O IAOp�,00 LU Q2ua.1z�� N O O x —�OZ moo LLI- I U Lr) Za00 E LL; a) �- > Z r1 U Q ?Qp ; W O> x J c I Q m 3 aJ 7700 O > J Q ri U Q rn O x00 > Ln ri Q W00 ap3 d000. -•� N r-1 2 0 �x� ��ri �U00•- Om O (A r1 2 z m U?�. 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W/�W /� z w O I^ �a U O z Q w~ a z 0 F- U Z Q c? a� 0z z Nt W H O J L Ln 0 LLL-u Go w O = Z ow LL O a y z 0 U LL W V Ln W C C1�t ro a M rn J � CL m N Oti M M C�aO 7 p00 o z� ac,M m Wx J F- cu �i LL N 0o L a' Ln r- LO W LL CO op W - , M (6 E Eu C) in ° oo z Otis 00 r` ui a L,J U1 0 O a a J C L5 N " aJ > w Y } > z m m m m i2 O O i Z N p J O o z Y a U a O U C U I w p = aJ w p U "O 1 v M w N w ri J w O _ m w0 w O z a 0 o a Yi - APPLICANT REPRESENTATIVE AFFIDAVIT W__' 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: NOTICE Name Relationship (re. Attorneys, Architects, Landscape Architects, Engineers, Lobbyists, Etc.) A%Wh Z ,-�S L., vS % Y Spa Gh h/_a c_✓� (Attach Additional Sheets If Necessary) ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31- 71(B)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS �AY OF ' U jZ�i 2005 AUTHORIZED RE By APPLICANT: Ov 60 By: Name: ^1;72h G 1;(_ r;l 4ti (Print) Title: —77�1 4 41 Address: /° c'0 y''-' 1S2; Pit 901 , STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Name: 40'-AA it Z ✓�1 L--1 VX -c- y (Print) Title: Address: /a vu yc.v /JS X' ,4 ,d'4_— lyi i'0!'pf / OC f C G r+J Before me the undersigned authority personally appeared � �%i /i��I /l as the authorized r esentative of the Applicant and/or the owner of the property subject to the application, who being first by me duly sworn, di ffirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. D �l AFFIA� SWORN TO AND SUBSCRIBED BEFORE ME this day of 'r/ 6 - , 244 e�- IRINA MITSNEFES Notary Public - State of Florida My Comm. Expires Oct 21, 2015 Commission # EE 139300 Notary Public State of Florida At Large Printed Name of Notary My commission expires: Zi. BUSINESS RELATIONSHIP AFFIDAVIT* a This Affidavit is made pursuant to Section 31- 71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with "x" applicable portions only) [ 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [ J i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant or Representative; [ ] ii. Member of City Commission or Board is a partner, co- shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [ ] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [ ] vi. ?IS mber o City Commission or Board is a Customer of the Applicant or Representative and transacts an $2 , 0.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAN DAY OF / " , 201 APPLICANT: By: .r WITNESS MY HAND T _4� D OF 9)2�6. lZk -, 206 S PROPERTY OWNFEL__/ /l" / i1 By: e— (Signature) Name: /y�9 S 1, A y y (Print) Title: �Ci WITNESS MY HAND IS DAY OF 7vttr - , 201 J�- REPRESENT I (L' ed on Business Relationship Affidavit) (Print) B : its (Signature) By: Nam%l 2 ,4.1 G�s��(Print) Name: Title: ��'`� T (Print) Title: By: (Signature) Name: Z Name: (F'nnt) Title: (Print) B y: (Signature) Title: (Print) Title: (Print) By: ,Signature) i Title: � (Print) i Title: �'� (Print) i By: i (Signature) Title: (Print) Title: (Print) By: Name: T (Signature (Signature (Signature Name: (Print) Title: (Print) By: (Signature Title: (Print) Title: (Print) Title: Title: By:_ Title: Title: NOTE: If Use duplicate sheets if disclosure information for Representative varies (Signature (Signature 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 3 1-7 1 (b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. 14 /; &/I- Z C. STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared A/0 executed this Affidavit for the purposes stated therein and that it is true and correct. STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, Zt sworn, did swear or affirm that he /she Notary Public State of FI a At arge Printed Name of Notary 2 , My commission expires: GO the Affiant, 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. 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. 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 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. 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 SWORN TO AND SUBSCRIBED before me this day of , 200. Notary Public State of Florida At Large Printed Name of Notary My commission expires: / L/' 0 ys 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) j�1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which /\ the application will be presented [ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows. (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows [ j i. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative; (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, iv A City Commissioner or Board member is a Client of the Applicant or Representative. [ ] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year, vi The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF __��'� , 200_ APPLICANT: By: (Sign Name L (Print) Title i x AA _ _ -(Print) WITNESS MY HAND THIS DAY OF PROPERTY OWNER By (Signature) Name: _111 e e, fir✓ (Print) Title _�"/L4 ---I (Print) 'The terms 'Business Relationship, " "Client, " "Customer, " 'Applicant, " "Representative" and "Interested Person" are defined in Section 2 -395 of the Aventurt City Code. /1o�u WITNESS MY HAND THIS Y DAY OF 20 %sue Name _ (Print) Title (Print) REPRESENTATIV Business Relationship Affidavit) (Signature) Title By Signature) By ( Siynature / Name. *10e/ �P�N utll Name: — - - - -- (Print) Title Title) (Print) T t.e: (Pant) By. _ (Signature) By (S�gnature Name (Print) Name (Print) Title: (Print) Title: (Print) By. _ (Signature) Name _ (Print) Title (Print) By, (Signature) Title _ (Print) Titie. (Print) By. (Signature Name (Print) Title: _(Print) By — (Signature Title: _. _ _ -- — — (Print) Tale (Print) By _(Signature) By (Signature Title __ -- __(Pant) Title (Print) Title (Print) Title _ (Print) By (Signature) By (Signature Title: (Print) Title _ (Print) Title: (Print) Title — (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31- 71(b)i2)tiv) 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 Atlidavit becomes incorrect or incomplete. l 4 dl- u NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authorty, personally appeared INXI� C& At ffel gffiant, who bein It duly sworn, did swear or affirm that heishe executed this Affidavit for the purposes stated therein and that it is true and correct /mil r� SWORN TO AN [W.." 0 200 S v '' IRINA MITSNEFES �� Notary Public - State of Florida N� Public State ndaA Large c My Comm. Expires Oct 21, 2015 F Commission # EE 139300 Printed Name of Notary j 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 STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared executed this Affidavit for the purposes stated therein and that it is true and correct SWORN TO AND SUBSCRIBED before me this day of STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this day of the Atfiant, who being first by me duly sworn, did swear or affirm that heishe AFf IANT 200_ Notary Pubnc State of Flontla At Large Punted Name of Notary My commission expires _ - --- --- - --- -- -------------- _ ------ ---- ---------------- the Affiant, who being first by me duly sworn, did swear or affirm that he/she AFFIANT 200_. Notary Public State of Florida At Large Printed Name of Notary My commission expires - the Affianl, who bung first by me duly sworn, did swear or affirm that he/she AFFIANT 200_ Notary Public State of Flonda At Large Printed Name of Notary My commission expires. l 7,61z Lz ' BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31 71(b)(2)(ii) of the City of Avenlura Land Development Code The undesigned Affiant hereby dscloses that (Ti w,!n';'1 ' r t' 'DCrt�O S C1,Y) Affiart does rot have a Bus+rii Reial onsh;p with any member of the City COrrn!Ss ;on Or any Cr`y Advisory Board to wh!cn the aaolxation will be presented 2 Affart nereby disdoses that :1 s nave' a Business Relationsh_p with a member of the C ty uofi mSs,orl Cr a City Advisory Board to which the apphcalicin w1i be presented, as foi ows (L-st name of Co^ - SS'oner cf Advisory Board M,embe,i w?•a serves e'l !re — (List City Commission or City Advisory Board upon wnicn merri serves) Tne nature of the Business Rela ionship is as folows Wember of Gly Commission or Board holds an ownership interest in excess of 1% of total assets or cap'.ta! stocA of Applicant or Representative. (j r. Member of City Commission or Board is a partner, co•snareho der (as to snares of a corporation which are rot listed on any national or reg onal stOCK e)(cnange) or lo :n1 venture' win ire App',cant or Representative !r any business venture, lr The Applicant or Representative is a Cl:en! of a memher of the C;ty Comrn ss.on or Board or a Ckent of another professional working from the same office o' for the same employer as the memtler of the City Comm ssron or Board ( iv A City Commissioner or Board rrerrW is a C!,ent of the Applicant cr Represen!atrve J v The Apphcant or Representative is a Customer of the member of the City Commission or Board (or of h s or tier emPioyer) and transacts more Ivan $10,030 CO of the b;s,ness of the menrae• of the Ciiy Cornin ss on or Eoard (or his or her employer) in a given calendar year, ;) v' The member of the City Commission or Board is a Ccsiori of the ApGi�cant or Representative ano transacts more than $25.000.00 of the busmess of the Applicant or Represemative in a given calendar year WITNESS MY NAND THIS _ DAY OF 203_ � APPLICANT / � By �Sigrk�turel Name Grui Fiintl - -- ,/ j �1 1 ; _ RENEE PATRICE LENMER .'.,J NESS NESS MY HAND THIS _ __K DAY OF 2 _ A ) _ rr r Commission # EE 855141 Expires November 29, 2016 PROPERTY OWNER p „ry°` Bonded Tim Troy Fain kamciii8MM5 -7019 By – `tame Tine _ t5rc7natur <J tF'nntl The term; Buvoess Retateonsnip. ' 'Client. ” -Customer _ - Applicant. Reptesentative" and lrrtereslcd PU%On rre detnKl in Section 2-395 of the Avenfuri City Code / Job, 2G WITNESS MY riA ' HS DAY OF 200 REPRESE IVE (Listed on Bus!ness Reiat,onstno Aff,day.t) / _- narurer By �_ 5rgnature Name. 40- do tPnrul Name- Tale I'Prrnti T I e. _— _ -- tP; rrtr' By (Sxtndttrf�i By Nacre (PirnO Name (P�nuj Title tPnnl) Title: By. _ Isgn bile) By 1Srgnaturt Name _(Pteifl Name Title (PiuNl T +fe. BY — _ (Srt)nxwe) By Tale (Pftnil Tale _ rfrut111 Tile - _(Pna1/ Ttte By By — _ (SrgnJtcrrc Title _ _ (Pnnt/ Title Titre __ -- (Prr,N! T)N _ tPono By ,(Srgnzalwo y (Srgn0fuff> �tPurt) fe !Pnnri Title (Pnnti Tale i(PnnU NOTE: 1) Use duplicate sheets if disclosure information for Representative varies '_) Applicant, and AftianIs arc ad%ised to tJmeI supplement chi. Affidavit flu r.ualit to Acc. ',i- 71tb)t.rti% i of the Cit}'s I_arid Development Regulations in the Oily Code, in the event that prior to consideration of the application by the City Beard or Commission, the intannation provided in the Attidavit become, inaurcct or incomplete. /% GYLC NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTtOFIfMAUt -DADS) Befae me, me andersrgned authority, personally appeared G JV ! Vo Atfia o being first by me uc y swan aid sver of arf.rm that hershe executed 'As Affca,nt tor 'he purposes stated thereto and mat it is hue arrd correct SWCF(f: TO AN.) SUBSCRIBED before me tns I I day of STATE OF FLCR0A ) COUNTY OF fA1AMI.DADE) {{�� ZAF T How, �� nn � � � N c Pu3sirc ta)e rated Name cf Notary (� „" r u•a. L1y cdmrtuss+bn expires ,. lam. �. RENEE PAT RICE LE IER -_.. _.... -------------- ___.._...... ,;... - - :,�- Cmtadssion#.Ell 855141 . Expires November 29, 2015 B=W Thnu Troy Fain inaxanw 803- 385-7019 Beare me the unx: sgned aumcoty. personally appeared the Atfar.t who berg f.rst by me du,y sworn- d a swear a aft" via! heshe exe,utnd mrS Af tay.t for the pttpbses stated these rf and tnat it is trLe and =wt SWORN TO AND SUBSCRIBE D before me this day of ....__._ ... .. .. STATE OF FLORIDA ) COUNTY OF MIAMI DADE) Bette me• the undersigned authority, persona ty appeared executed this Atfa]aInt for the purposes stated merein and Mat it is true and correct SWORN TO AND SUBSCRIBED oefore me Irias day c! - -- - ...... — _ ............ - ..... _. ..... ..._. _......_.....- --- - --- . STATE OFFLOR'DA ) COUNTY Or f "tIA!!t -JADE ) Befcre me me unde signed authority, personally appeared . executed E13S A."ffcav:t for the rvxses stated me'e;^ and mat d is t:Le and =Ie.f SWORN TO AND SuBSCR!BED oe!ore rite thiS day of ?,'x) APiANT Notary PuD!ic Mate of Fonda At Large ?rnted Name of Notary !.lyy ccrnrm,ssicn expires -- the Affiant, who berg first ay me dury swan. d.d swear cr affrrn t~.at heshe AFFIANT Notary Public State of Florida At Large P: rtec Name df Notary My cermmrssion expires. lire A! Lan( who burg first by me duly Swan c d swear or at5nn hat heJShe AFFIANT 2�5 Notary Pubh,- State of Fic .da At Large Purile t Name of Notary My cctnm ssic,i expires 1;,- G o fz 2z6 + ` - BUSINESS RELATIONSHIP AFFIDAVIT* This Aff davit is made pursuant to S Edon 331 -7 1(b)f2),;i} of the City c; .venVa Land Ceve:opment C:•de The undersigned Affiant hereby discio es that tmark with Y applicable portions only) ? ,firant does nit have a Retat on,*-) wi-n ; -ii r ^,mne of Wr-. ;At, i✓cTr.r" :sS,m c. any Cit J Adc ;Sory Boafo to v hii h the app ;ration v: !I be- presented 112 Affiant hereby discloses that it (ices have a Business Relationship with a member of the City Commission or a City Advisory Board to which the appiicatim wi!I be presented a5 Lisl name cf Commissroner cr Advisory Board ?.;ember) vino serves on the (List laity Commission or City Advisory Board upon which member serves). -he na %,r, of the• Busyness is a,; Memhvar of City Commission or Board holds an o•wnersnip interest in ex°ess of 1% of total assets or capital sloe; of Applicant or Representative cf C ty _" mm15SIEn F5 ), rd is a tiarinu .J 51.a'es of a z0rrc; a„en ..? I::li 2'0 n7't fisted on any nai;onal or reoiori ' stoc -. exchangej or joint venturer wwilh the Applicant or Representative in arry business venture: ,'. Trc, Aop!icani , Rnn;esentalive 5 a C -F ^t cf a mein Der of trle C "ty Cc-rmiSsicr or Board cr a v'erii 0' anoth:r pro'e55iona' ;Aiming frees tthe se,,ve C7fiGe �,r to! the same, employer as ; r member Ot C:ty Cemm,sson Gr Board. A (iiy Ccmmissi..._r o' Board member is a C :nt of tt:e App',; :ant or Re,resentative. (j v T tr_ Appl cant cr Representative !s a Customer of Erie meunber of the City Commission or Board for of h or her employer) and transacts more than S10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year. (i' . '; nc m• tuber o' the Cry CC ^,;r ss ., cr Eoard .s a C stomer of the App :ca , cr Representah e and 1'mnsarls more than $25.000.00 of the business o` the Applicant or Representative m a (liven calengar year. ';"JITNESS MY H4ND THI . D :�Y OF APPLICANT. BY__ Name _m_154 —LA Vim WITNESS t ;IY HAND THIS ; c- DAY OF PROPERTY By Name — — lPrnt) 'The torrns "6usrrti tis Relolrrrnslup," "Clrrrt" °Custnrnoc" 'fipplit ;rnl. Repretionlalivc' and Ynloreskri Prv,on'" ari delirted in Scclum 2-395 of Elie - Arrenturr tarts' Cm9c NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MAMWADE) Betas me, The rohdatagrhed authorih peraondly appeared t4z L (swJ the Afiant who being first by me duly swam, did swear or affirm do he/she executed this MTdevit for The purposes stated 'herein and that it is true willborred y " - " -� - "" 0�*0.Y• Pue�/ ELISA G0NZALEZ tar SWORN TO AND SUBSCRIBED before me 0his day of 200_. * * b,tY COMMISSION f EE 098991 June 1, 2015 EXPIRES: t Budget Notary Services �f'TeOrr 7 k ", BOrided Thru Nchuy Pu of Aorlde Altarge Printed Name of Notary ?�f My Commission expiros.J.Q � STATE OF FLORIDA } COUNTY OF MU1AN41AM Before me. Tb undersigned authority. peroonaly appeared the Aftnt who being rust by me duly swum, did swear or affirm that he/she axwAsd this AMidra for Me purposes stew therein end that ft is bus and correct AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of . 200_• Notary Pubic State of Florida At Large Printed Name of Notary My commission exp'mes: STATE OF FLORIDA COUNTY OF MWAI -DADE) Before me. On undersigned authority, personally appeared the Afiant, who being first by me duly swan, did swear or afWm that he/she executed this Alfidat for the purposes stated therein and that it is bus and owed AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of , . 200_ Notary Public State of Florida At large Printed Name of Notary Mr Commission a*=. STATE OF FLORIDA ) COUNTY OF MIAMt•OADE) Before me, the undersigned authority, personally appeared the Aiiard, who being fast by me duly swum, rid swear or affirm that he/she executed This A16 M for do proposes stated therein and Turt it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before am this _ day of . 200: Notary Pubfit State of Fields Al Large Printed Nacre of Notary My commission expires: RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE SALE AND SERVICE OF BEER, WINE AND CHAMPAGNE AT THE BELUGA CAVIAR BAR AT KIOSK K -2000 IN THE AVENTURA MALL AT 19501 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business District; and WHEREAS, the applicant, Beluga Bar Inc., doing business as Beluga Caviar Bar, through Application No. 03- CU -15, is requesting Conditional Use approval to permit the sale and service of beer, wine and champagne at the Beluga Caviar Bar kiosk in the Aventura Mall; and WHEREAS, the City Commission held a quasi - judicial public hearing as provided by law to review the application; 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for Conditional Use to permit the sale and service of beer, wine and champagne at the Beluga Caviar Bar kiosk in the Aventura Mall at 19501 Biscayne Boulevard and legally described as Tract R & Part of Tract Q, Aventura 6th Addition more particularly described in Exhibit "A" is hereby granted subject to the following conditions: City of Aventura Resolution No. 2015 -_ Page 2 1. The applicant shall record a covenant, in form satisfactory to the City Manager and the City Attorney, containing the following restrictions: i) Wine, champagne and beer may be sold and served to patrons seated at the kiosk only in conjunction with the service of food. ii) Customers will not be permitted to remove the glass of beer, wine or champagne from the kiosk, but may purchase sealed bottles for off- premises consumption pursuant to applicable State licenses. iii) This approval is granted exclusively to Beluga Bar Inc., doing business as Beluga Caviar Bar, at Kiosk K -2000 in the Aventura Mall and may not be transferred to another owner and /or operator of the kiosk. iv) The applicant's hours of operation shall coincide with the hours of operation of the Aventura Mall. v) The applicant shall obtain a 2COP alcoholic beverage license from the State of Florida and begin sales and service of beer, wine and champagne 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. vi) The applicant shall conduct Responsible Vendor Training pursuant to Florida Statutes to ensure no sales are made to underage customers or to customers who may have been over - served at other establishments vii) The conditional use approval may be terminated in the event the City Manager determines that the approval has created and /or is creating a disturbance to the community or to Mall patrons and /or that the applicant has violated any condition of this approval. The applicant agrees to immediately discontinue sales and service of alcoholic beverages upon written notice to the applicant of such a determination. viii) Any discontinuation of the sales and service of beer, wine and champagne for a period of 180 consecutive days shall constitute abandonment and shall rescind this approval. City of Aventura Resolution No. 2015 -_ Page 3 Section 2. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. 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 Denise Landman Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Teri Holzberg Mayor Enid Weisman PASSED AND ADOPTED this 7th day of April, 2015. City of Aventura Resolution No. 2015 -_ Page 4 ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of 2015. CITY CLERK City of Aventura Resolution No. 2015 -_ Page 5 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY LEGAL DESCRIPTION PARCEL 1: TRACT "R ", OF " AVENTURA SIXTH ADDITION ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PARCEL 2: A PORTION OF TRACT "Q" OF " AVENTURA SIXTH ADDITION ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, DADE COUNTY, FLORIDA; THENCE NORTH 87 DEGREES 2729" EAST, ALONG THE NORTH LINE OF SAID SECTION 3 FOR 875.83 FEET TO A POINT ON THE CENTERLINE OF AVENTURA BOULEVARD AS SHOWN ON SAID PLAT OF " AVENTURA SIXTH ADDITION "; THENCE SOUTH 02 DEGREES 32'31" EAST FOR 73.00 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT "Q "; THENCE SOUTH 87 DEGREES 2729" WEST, ALONG THE NORTH LINE OF SAID TRACT "Q" FOR 12.60 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 89 DEGREES 35'24" FOR AN ARC DISTANCE OF 78.18 FEET TO THE POINT OF TANGENCY BEING ON THE WESTERLY LINE OF TRACT "H" OF " AVENTURA FOURTH ADDITION ", ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 116, PAGE 34, OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA; THENCE SOUTH 02 DEGREES 07'55" EAST ALONG THE WESTERLY LINE OF SAID TRACT "H" FOR 423.52 FEET; THENCE NORTH 87 DEGREES 52'05" EAST FOR 26.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED TRACT OF LAND; THENCE NORTH 87 DEGREES 52'05" EAST FOR 148.00 FEET; THENCE NORTH 42 DEGREES 52'05" EAST FOR 56.57 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 31.63 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 325.00 FEET AND A CENTRAL ANGLE OF 72 DEGREES 28'48.8" FOR AN ARC DISTANCE OF 411.13 FEET TO THE POINT OF TANGENCY; THENCE NORTH 70 DEGREES 20'53.8" EAST FOR 122.00 FEET; THENCE NORTH 25 DEGREES 20'53.8" EAST FOR 58.66 FEET; THENCE NORTH 25 DEGREES 53'40" WEST FOR 94.96 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT "Q ", SAID POINT ALSO BEING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST AND BEARS SOUTH 21 DEGREES 19'21" EAST FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, AND ALONG THE NORTHERLY LINE OF SAID TRACT "Q ", HAVING A RADIUS OF 1505.40 FEET AND A CENTRAL ANGLE OF 04 DEGREES 34'19" FOR AN ARC DISTANCE OF 120.12 FEET; THENCE SOUTH 25 DEGREES 53'40" EAST FOR 117.40 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST AND BEARS NORTH 46 DEGREES 09'58" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 500.00 FEET AND A CENTRAL ANGLE OF 65 DEGREES 24'26" FOR AN ARC DISTANCE OF 570.78 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 125.00 FEET AND A CENTRAL ANGLE OF 23 DEGREES 10'58" FOR AN ARC DISTANCE OF 50.58 FEET; THENCE SOUTH 13 DEGREES 08'55" EAST FOR 10.62 FEET; THENCE NORTH 76 DEGREES 51'05" EAST FOR 342.85 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 81 DEGREES 39'40" WEST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 810.00 FEET AND A CENTRAL ANGLE OF 04 DEGREES 48'35" FOR AN ARC DISTANCE OF 68.00 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 13 DEGREES 08'55" EAST FOR 469.40 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 111,00 FEET (THE LAST EIGHT (8) COURSES BEING ALONG THE BOUNDARY OF SAID TRACT "Q'�; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 42.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 123.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 20.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 74.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 639.08 FEET; THENCE NORTH 86 DEGREES 44'34" EAST FOR 42.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 116.48 FEET; THENCE NORTH 81 DEGREES 11'29" EAST FOR 294.34 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 81 DEGREES 11'29" WEST FOR THE CENTER OF SAID CURVE, SAID POINT ALSO BEING ON THE EAST LINE OF SAID TRACT "R ", AS SHOWN ON SAID PLAT OF "AVENTURA SIXTH ADDITION "; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT AND ALONG THE EAST LINE OF SAID TRACT "Q ", HAVING FOR ITS ELEMENTS A RADIUS OF 4656.66 FEET AND A CENTRAL ANGLE OF 6 DEGREES 38'08" FOR 539.29 FEET; THENCE NORTH 69 DEGREES 1755" WEST FOR 25.00 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS SOUTH 69 DEGREES 18'08 EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 64 DEGREES 25'24" FOR AN ARC DISTANCE OF 33.73 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 85 DEGREES 07,16" WEST FOR 87.61 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 92 DEGREES 56'22" FOR AN ARC DISTANCE OF 48.66 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 555.00 FEET AND A CENTRAL ANGLE OF 24 DEGREES 44'30" FOR AN ARC DISTANCE OF 239.66 FEET; THENCE SOUTH 60 DEGREES 00'00" WEST FOR 30.86 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS SOUTH 79 DEGREES 11'39" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 135.00 FEET AND A CENTRAL ANGLE OF 48 DEGREES 00'00" FOR AN ARC DISTANCE OF 113.10 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 726.18 FEET AND A CENTRAL ANGLE OF 29 DEGREES 18'21" FOR AN ARC DISTANCE OF 371.43 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 29 DEGREES 30'00" WEST FOR 331.34 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 110.00 FEET AND A CENTRAL ANGLE OF 25 DEGREES 00'00" FOR AN ARC DISTANCE OF 48.00 FEET; THENCE SOUTH 35 DEGREES 30'00" EAST RADIAL TO THE LAST DESCRIBED CURVE FOR 31.98 FEET; THENCE SOUTH 29 DEGREES 58'54" WEST FOR 92.90 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS SOUTH 07 DEGREES 29'11" WEST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 555.00 FEET AND A CENTRAL ANGLE OF 54 DEGREES 56'22" FOR AN ARC DISTANCE OF 532.17 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHEASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 84 DEGREES 24'26" FOR AN ARC DISTANCE OF 51.56 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 53 DEGREES 02'45" EAST FOR 0.31 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 522.50 FEET AND A CENTRAL ANGLE OF 27 DEGREES 32'27" FOR AN ARC DISTANCE OF 251.15 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5.00 FEET AND A CENTRAL ANGLE OF 125 DEGREES 32'55" FOR AN ARC DISTANCE OF 10.96 FEET; THENCE SOUTH 45 DEGREES 02'32" EAST FOR 25.00 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT "Q ", SAID POINT ALSO BEING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTH AND BEARS SOUTH 11 DEGREES 34'12" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT AND ALONG THE SOUTH LINE OF SAID TRACT "Q" HAVING A RADIUS OF 5594.58 FEET AND A CENTRAL ANGLE OF 04 DEGREES 13'04" FOR AN ARC DISTANCE OF 411.84 FEET; THENCE SOUTH 73 DEGREES 10'52" WEST ALONG THE SOUTH LINE OF SAID TRACT "Q" FOR 193.18 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCENTRIC WITH THE LAST DESCRIBED CURVE, SAID POINT BEARS SOUTH 05 DEGREES 24'45" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5629.58 FEET AND A CENTRAL ANGLE OF 01 DEGREES 01'21" FOR AN ARC DISTANCE OF 100.46 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 06 DEGREES 00'16" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1070.17 FEET AND A CENTRAL ANGLE OF 27 DEGREES 09'18" FOR AN ARC DISTANCE OF 507.20 FEET TO THE POINT OF TANGENCY; THENCE NORTH 56 DEGREES 50'26" WEST FOR 488.24 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 1221.67 FEET AND A CENTRAL ANGLE OF 23 DEGREES 12'04" FOR AN ARC DISTANCE OF 494.70 FEET; THENCE NORTH 11 DEGREES 19'21" WEST FOR 10.69 FEET; THENCE NORTH 09 DEGREES 46'52" EAST FOR 73.41 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 09 DEGREES 46'52" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 275.00 FEET AND A CENTRAL ANGLE OF 78 DEGREES 05'13" FOR AN ARC DISTANCE OF 374.79 FEET TO THE POINT OF TANGENCY; THENCE NORTH 02 DEGREES 07'55" WEST FOR 200.00 FEET; THENCE NORTH 47 DEGREES 07'55" WEST FOR 56.57 FEET; THENCE SOUTH 87 DEGREES 52'05" WEST FOR 148.00 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 90.00 FEET ;THENCE NORTH 87 DEGREES 52'05" EAST FOR 148.00 FEET; THENCE NORTH 42 DEGREES 52'05" EAST FOR 56.57 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 283.37 FEET; THENCE NORTH 47 DEGREES 0755" WEST FOR 56.57 FEET; THENCE SOUTH 87 DEGREES 52'05" WEST FOR 148.00 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 90.00 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE FOLLOWING PARCEL OF LAND: A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI -DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI -DADE COUNTY, FLORIDA; THENCE NORTH 87 DEGREES 2729" EAST, ALONG THE NORTH LINE OF SAID SECTION 3 FOR 875.83 FEET TO A POINT ON THE CENTERLINE OF AVENTURA BOULEVARD; THENCE SOUTH 02 DEGREES 32'31" EAST FOR 73.00 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF AVENTURA BOULEVARD; THENCE SOUTH 87 DEGREES 2729" WEST ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE A DISTANCE OF 12.60 FEET TO A POINT; THENCE 78.18 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CHORD OF 70.45 FEET BEARING SOUTH 42 DEGREES 39'47" WEST TO A POINT ON THE EASTERLY RIGHT -OF -WAY LINE OF STATE ROAD NO. 5 (U.S. HIGHWAY NO. 1), AS SHOWN ON THE PLAT OF " AVENTURA FOURTH ADDITION ", AS RECORDED IN PLAT BOOK 116, PAGE 34 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA; THENCE SOUTH 02 DEGREES 0755" EAST ALONG SAID EASTERLY RIGHT -OF -WAY LINE FOR A DISTANCE OF 1320.72 FEET TO A POINT; THENCE NORTH 87 DEGREES 52'05" EAST FOR A DISTANCE OF 435.30 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING OF THE FOLLOWING DESCRIPTION; THENCE NORTH 74 DEGREES 30'00" EAST FOR A DISTANCE OF 170.36 FEET TO A POINT; THENCE NORTH 15 DEGREES 30'00" WEST FOR A DISTANCE OF 18.00 FEET TO A POINT; THENCE NORTH 74 DEGREES 30'00" EAST FOR A DISTANCE OF 491.43 FEET TO A POINT; THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 380.10 FEET TO A POINT; THENCE SOUTH 29 DEGREES 30'00" WEST FOR A DISTANCE OF 6.62 FEET TO A POINT; THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 94.67 FEET TO A POINT; THENCE SOUTH 29 DEGREES 30'00" WEST FOR A DISTANCE OF 78.54 FEET TO A POINT; THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 31.21 FEET TO A POINT; THENCE SOUTH 15 DEGREES 30'00" EAST FOR A DISTANCE OF 510.00 FEET TO A POINT; THENCE SOUTH 74 DEGREES 30'00" WEST FOR A DISTANCE OF 64.02 FEET TO A POINT; THENCE SOUTH 25 DEGREES 00'00" WEST FOR A DISTANCE OF 85,78 FEET TO A POINT; THENCE NORTH 65 DEGREES 00'00 WEST FOR A DISTANCE OF 162.20 FEET TO A POINT; THENCE 320.42 FEET ALONG AN ARC TO THE RIGHT, HAVING A RADIUS OF 2250.00 FEET AND A CHORD OF 320.15 FEET AND BEARING NORTH 60 DEGREES 55'13" WEST TO A POINT; THENCE NORTH 56 DEGREES 50'26" WEST FOR A DISTANCE OF 325,26 FEET TO A POINT; THENCE NORTH 49 DEGREES 47'23.6" WEST FOR A DISTANCE OF 485.32 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING. FURTHER LESS & EXCEPTING FROM PARCEL 2 THE FOLLOWING DESCRIBED LANDS CONVEYED TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, BY SPECIAL WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 17502, PAGE 4216 OF THE PUBLIC RECORDS OF MIAMI - DADE COUNTY, FLORIDA, TO -WIT: THOSE PORTIONS OF TRACT "Q ", AVENTURA SIXTH ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 120, PAGE 20, OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, IN THE NORTHWEST ONE- QUARTER (N.W. 'A) OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID TRACT "Q "; THENCE ALONG THE WEST LINE OF SAID TRACT "Q ", FOR THE FOLLOWING THREE (3) COURSES, (1) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 29.240 METERS (95.93 FEET); (2) THENCE NORTH 01 DEGREES 28'13" EAST, A DISTANCE OF 43.775 METERS (143.62 FEET); (3) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 82.872 METERS (271.89 FEET) TO REFERENCE POINT "A" AND THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST LINE, NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE NORTH 87 DEGREES 53'07" EAST, A DISTANCE OF 0.457 METERS (1.50 FEET); THENCE SOUTH 02 DEGREES 07'21" EAST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE SOUTH 87 DEGREES 53'07" WEST, A DISTANCE OF 0.457 METERS (1.50 FEET) TO THE POINT OF BEGINNING. AND COMMENCE AT THE AFOREMENTIONED REFERENCE POINT "A "; THENCE ALONG THE WEST LINE OF SAID TRACT "Q ", FORTH FOLLOWING FIVE (5) COURSES, (1) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 27.432 METERS (90.00 FEET); (2) THENCE NORTH 14 DEGREES 48'10" WEST, A DISTANCE OF 12.497 METERS (41.00 FEET); (3) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 15.246 METERS (50.02 FEET); (4) THENCE NORTH 01 DEGREES 50'16" EAST, A DISTANCE OF 39.719 METERS (130.31 FEET); (5) THENCE NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 43.721 METERS (143.44 FEET) TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST LINE, NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE NORTH 87 DEGREES 53'01" EAST, A DISTANCE OF 0.457 METERS (1.50 FEET); THENCE SOUTH 02 DEGREES 07'21" EAST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE SOUTH 87 DEGREES 53'01" WEST, A DISTANCE OF 0.457 METERS (1.50 FEET) TO THE POINT OF BEGINNING. m ALL THOSE CERTAIN PLOTS, PIECES OR PARCELS OF LAND, SITUATE, LYING AND BEING IN THE COUNTY OF MIAMI -DADE, STATE OF FLORIDA, AND DESCRIBED AS FOLLOWS: "QUADRANT D" A PORTION OF TRACT "Q" OF "AVENTURA SIXTH ADDITION ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE S.E. CORNER OF TRACT "R" OF SAID PLAT OF "AVENTURA SIXTH ADDITION ", SAID POINT BEING ON A CURVE CONCAVE TO THE N.E.; THENCE ALONG THE WESTERLY RIGHT - OF-WAY LINE OF WEST COUNTRY CLUB DRIVE FOR THE FOLLOWING THREE (3) COURSES; (1) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 4656.66 FEET AND A CENTRAL ANGLE OF 6 DEGREES 38'08" FOR 539.29 FEET TO A POINT ON SAID CURVE AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER DESCRIBED; (2) THENCE CONTINUE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 4656.66 FEET AND A CENTRAL ANGLE OF 2 DEGREES 49'41" FOR 229.85 FEET TO A POINT OF REVERSE CURVATURE; (3) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1275.14 FEET AND A CENTRAL ANGLE OF 9 DEGREES 32'14" FOR 212.25 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; THENCE SOUTHEASTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 50.0 FEET AND A CENTRAL ANGLE OF 86 DEGREES 09'34" FOR 75.19 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5594 .58 FEET AND A CENTRAL ANGLE OF 1 DEGREES 00'20" FOR 98.19 FEET TO A POINT; THENCE N 45 DEGREES 0232" W FOR 25.00 FEET TO A POINT ON A CURVE TO THE LEFT, SAID POINT BEARS S 45 DEGREES 02'32" E FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 5.00 FEET AND A CENTRAL ANGLE OF 125 DEGREES 32'55" FOR 10.96 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A. RADIUS OF 522.50 FEET AND A CENTRAL ANGLE OF 27 DEGREES 32'27" FOR 251.15 FEET TO A POINT OF TANGENCY; THENCE N 53 DEGREES 02'45" W FOR 0.31 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 84 DEGREES 24'26" FOR 51.56 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 555.0 FEET AND A CENTRAL ANGLE OF 54 DEGREES 56'22" FOR 532.17 FEET TO A POINT ON SAID CURVE, SAID POINT BEARS S 7 DEGREES 29'11" W FROM THE CENTER OF SAID CURVE; THENCE N 29 DEGREES 58'54" E FOR 92.90 FEET; THENCE N 35 DEGREES 30'00" W FOR 31.98 FEET TO A POINT ON A CURVE TO THE LEFT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 110.0 FEET AND A CENTRAL ANGLE OF 25 DEGREES 00'00" FOR 48,00 FEET TO A POINT OF TANGENCY; THENCE N 29 DEGREES 30'00" E FOR 331.34 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 726.18 FEET AND A CENTRAL ANGLE OF 29 DEGREES 18'21" FOR 371.43 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 135.0 FEET AND A CENTRAL ANGLE OF 48 DEGREES 00'00" FOR 113.10 FEET TO A POINT ON SAID CURVE; THENCE N 60 DEGREES 00'00" E FOR 30.86 FEET TO A POINT ON A CURVE TO THE RIGHT, SAID POINT BEARS N 63 DEGREES 19'08" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 555.0 FEET AND A CENTRAL ANGLE OF 24 DEGREES 44'30" FOR 239.66 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT; THENCE SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 30.0 FEET AND A CENTRAL ANGLE OF 92 DEGREES 56'22" FOR 48.66 FEET TO A POINT OF TANGENCY; THENCE N 85 DEGREES 07'16" E FOR 87.61 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT; THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 30,0 FEET AND A CENTRAL ANGLE OF 64 DEGREES 25'24" FOR 33.73 FEET TO A POINT ON SAID CURVE; THENCE S 69 DEGREES 1755" E FOR 25.0 FEET TO THE POINT OF BEGINNING. AR 4: A PORTION OF TRACT "Q" OF AVENTURA SIXTH ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 120, PAGE 20, PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF TRACT "R" OF SAID PLAT OF AVENTURA SIXTH ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 120, PAGE 20 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA; THENCE NORTH 02 DEGREES 40' 32" WEST, ALONG THE WEST BOUNDARY LINE OF SAID TRACT "R" AND ALONG THE BOUNDARY LINE OF SAID TRACT "Q ", FOR 116.48 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PROPERTY; THENCE CONTINUE NORTH 02 DEGREES 40' 32" WEST, ALONG THE PREVIOUSLY DESCRIBED LINE OF 700.65 FEET; THENCE SOUTH 87 DEGREES 19' 28" WEST, ALONG THE BOUNDARY LINE OF SAID TRACT "Q ", FOR 239.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 42.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 123.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 20.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 74.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST, ALONG A LINE 42.00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF SAID TRACT "R ", FOR 639.08 FEET; THENCE NORTH 86 DEGREES 44'34" EAST FOR 42.00 FEET TO THE POINT OF BEGINNING. CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, IC -C City Manager BY: Joanne Carr, AICP`' Community Development Director DATE: March 16, 2015 SUBJECT: Request of Beallberry LLC for Sign Variance 21211 Biscayne Boulevard (02- SV -15) April 7, 2015 City Commission Meeting Agenda Item (OB RECOMMENDATION It is recommended that the City Commission approve the request for a second wall sign measuring 15 square feet to be located on the south elevation of the existing Pinkberry tenant space at 21211 Biscayne Boulevard, in the Aventura Commons retail plaza. THE REQUEST The applicant, Beallberry LLC, is requesting variance from Section 31- 1910)(2)a. of the City Code to permit a second wall sign on a one -story tenant space in an outparcel of the Aventura Commons retail plaza at 21211 Biscayne Boulevard, where one wall sign is permitted by Code. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY OPH/ Aventura Realty LOCATION OF PROPERTY 21211 Biscayne Boulevard (see Exhibit #2 for Location Map) LEGAL DESCRIPTION ZONING Subject property: Property to the North: Property to the South Property to the East: Property to the West: EXISTING LAND USE Subject property: Property to the North: Property to the South Property to the East: Property to the West: Tract E, Aventura Commons, as recorded in Plat Book 151, Page 58 Public Records of Miami -Dade County B2, Community Business District B2, Community Business District B2, Community Business District B2, Community Business District MO, Medical Office District Commercial Plaza Vacant Land Commercial Plaza Commercial Plaza Public Storage Buildings FUTURE LAND USE — 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 lies is a separately owned outparcel within the Aventura Commons retail plaza on the east side of Biscayne Boulevard, south of NE 213 Street. The specific site is the existing Pinkberry frozen yogurt shop in the one -story freestanding building in the northwesterly portion of the plaza. The Project — The applicant requests a second wall sign for directional purposes for customers travelling northbound and from the interior of the plaza. There is an existing 29.90 square foot wall sign on the west elevation facing Biscayne Boulevard. The sign package, showing location and detail of the existing and requested signs, is attached as Exhibit #3. The Pinkberry tenant space has 40 feet of building frontage. The City's Sign Code permits one channel letter or reverse channel letter wall sign measuring one square foot for each one lineal foot of building frontage, or a maximum of 40 square feet. The Code also permits a second wall sign measuring one -half of the size of the primary sign for corner or through locations. This tenant space is not a corner or through location, therefore, only one wall sign is allowed by Code and this one wall sign has been erected on the west elevation as shown in the attached sign package. The applicant is proposing a 15 square foot channel letter wall sign on the side (south) elevation of the building facing northbound traffic and the interior of the plaza. Citizen Comments - As of the date of writing of this report, the Community Development Department has not received any written or verbal citizen comments. ANALYSIS Section 31- 1910)(2)a. of the City Code regulates wall signs on retail buildings. One wall sign per building is permitted, except two wall signs may be permitted for corner or through locations. This is not a corner or through location. The maximum size of the sign is one square foot for each one lineal foot of building frontage. This building has a frontage of 40 lineal feet; therefore, one wall sign at 40 square feet is permitted by Code. One 29.90 square foot wall sign is existing on the west elevation facing Biscayne Boulevard. The applicant is requesting sign variance approval for a second wall sign measuring half the size of the existing sign, namely, a second wall sign 15 square feet. The criteria for approval of sign variances are set out in Section 31- 191(m)(8) of the City of Aventura Land Development Regulations, as follows: "The Sign Variance maintains the basic intent and purpose of these regulations; particularly as it affects the stability and appearance of the City and provided that the variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship to the land is required." This request does maintain the basic intent and purpose of the City's sign regulation. It does preserve or enhance the unique character of the City, it is compatible with the surrounding land uses and it will properly index the environment by providing direction to the restaurant for northbound traffic on Biscayne Boulevard and for traffic interior to the plaza. 3 To the City of Aventura: Regarding Pinkberry Aventura 21215 Biscayne Blvd. Aventura, FL 33810 We are requesting a second sign on the south elevation. This sign will be reduced in size by 50% of the existing sign located on the west elevation. That sign is 29.9 square feet. The proposed new sign for the south elevation will be 15 square feet. There is a lack of visibility on the south elevation causing a tremendous hardship to the tenant and the customers. There is a large flow of traffic and the numerous cars that travel Biscayne Blvd do not have the proper visibility. The flow of traffic of north bound cars is the reason we are requesting the second sign at this location. Having the second sign would eliminate this hardship. Thank you for your consideration. Marie C &C Signs Exhibit #1 02 -SV -15 BROWARD COUNTY •DADECOUNPY, Al :. • Hanel. H¢pira • & Mediri Cenfer 0 The Promo ' shops IVES DAIRY RD ; • 203 T. C 201 TER r AVENTUR Aventwa Mall City o' 192 ST. 4: Maine Lake I ie 17YT LOa T.'�:f rY1f T{'I�YTL7Yl1'l7VTL — — aream YA H LUB DR. • • MARINA COVE WA BOR COVE Subject Site MP 1NERWPY . Irn J r - WATERWAYS dI ShoPpeaye 207 'ST. r - COUNTRY CLUB DR. �a r T9 UO r 3 0 YA W rtura LUB ti Center * MYSTIC 3318,0 5T - - - - -33 --- 1 '. Dwnfowdiing, r. Al Bay NSjliame ''. MI T� Satind w N i I 4 LEGEND •. + Roadways ...... City Boundary `' —. —•— ZIPCode Boundary �?4, - - ---------- Railroad Exhibit #2 ` 02 -SV -15 ; / : . , � � � � � � � | � )) \ \ r.. . ME& || ; ■ |. || | ■ ,... � /� � ■� LLJ . � ■a K) � � ( � G�, � � � � � � � | � )) \ \ r.. . ME& || ; ■ |. || | ■ ,... � /� � ■� LLJ ■■■ O mro �c Q } k f) 8 E s Y C8 L@@ w� 3 o E�$ I 6 Y5Q3 qq S 9 9 w� 3 o E�$ I 6 0 e� o 6 W F o N OD C14 �0N Z U N Y; APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31- 71(b)(2)(Q 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 a Attorneys, Architects, Landscape Architects, Engineer, Lobbbyists, Etc) L_J_ I 1► (lid (Attach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31- 71(B)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS _1' DAY OF ) V�GV l-� _ 20b_il� AUTHORIZED ESENT I F AP�NT OWNER By'_ -'. g y — ( ign ure ) (Signature) Name: _ Name y� (Pr nt) } �1�.1 (Print) Tale Title f�(?51 �) Address'`1�l _. Address__ STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me the undersigned authority personally appeared O�LtiV' Ct�` II as the authorized representative of the Applicant and /or the owner of the property subject to the application, who being first by me fj sworn. did eer or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. 4ANT SWORN TO AND SUBSCRIBED BEFORE ME this day of !V�" �� 2009 and B(8!'IftB �,� j� Notary Public State of Florida At a e NSF _ Tc iss #FF090154 Printed Name of Notary �� y Expires: FEB.05, 2018 My commission expires Wm l Wwwfi.ARONNOTARY.com E BUSINESS RELATIONSHIP AFFIDAVIT* ,17;e This Affidavit is made pursuant to Section 31- 71(b)(2)(u) of the City of Aventura Land Development Code The undersigned Affiant hereby discloses that (mark with "x' applicable portions only? �1 1 Affiant does not have a Business Relationship with any mernber of the City Commission or any City Advisory Board to which the application will be presented 2 Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves) The nature of the Business Relationship is as follows J i Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative 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 w A City Commissioner or Board member is a Client of the Applicant or Representative, v The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10.000 00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year. [ J vi The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000 00 of the business of the Applicant or Representative in a given calendar year WITNESS MY HAND THIS i l DAY OF J)VVAY ] , 2001P APPLICANT/ BY (Signanuz) Name (Print) Title _ t7Y �� Ck G r� (Print) WITNESS MY HAND THIS PROPERTY OWNER By — Name Title DAY OF _,200_. (Signature) — _._(Print) 'The terms "Business Relationship, " Client " "Customer, ` 'Applicant, ' "Representative" and "Interested Person" are defined in Section 2 -395 of the Aventura City Code NOTARIZATION PROVISION STATE OF FLORIDA COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared Y 1�` ic�C `� I the Affiant, who being fast 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 TV) AFFI y/ 101 B�l1(18 SWORN TO AND SUBSCRIBED before me this l` day of 1 ` 4nr� r 204- A g `x "'�r�3i0f1 �'�j r�� �'__WwwExpires: fEg. 05 ilg ryN� Nola Public Slate of FI nda At Large HOTARI team �)V�2( M(' y Printed Name of Notary / My commission expires STATE OF FLORIDA COUNTY OF MIAMI DADE) Before me the undersigned authority, personally appeared executed this Affidavit for the purposes stated therein and that it is true and correct SWORN TO AND SUBSCRIBED before me this day of ----------- ----- -- --- ---- --- --- ---- -- --- -- - - -- ------------- -- -- --- --- ---- - --- - - ---- - - --- -- -- STATE OF FLORIDA COUNTY OF MIAMI DADE) Before me, the undersigned authority, personally appeared executed this Affidavit for the purposes staled therein and that it is true and correct SWORN TO AND SUBSCRIBED before me this day of STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared executed this Affidavit for the purposes stated therein and that it is true and correct SWORN TO AND SUBSCRIBED before me this day of the Affiant, who being first by me duly swan did swear or affirm that hershe AFf ANT 200 Notary Public State of Florida At Large Printed Name of Notary My commission expires - -- -- -- ----- - --- -- - --- - - - - - -- - -- -- --- -- -- -- - - -- - - - -- - - - 200 -,200. the Affiant, who being first by me duly sworn, did swear or affirm that he/she AFFIAN T Notary Public State of Flonda At Large Printed Name of Notary My commission expires - the Affiant, who being first by me duly sworn, did swear or affirm that he /she AFFIANT Notary Public State of Florida At Large Printed Name of Notary My commission expires BUSINESS RELATIONSHIP AFFIDAVIT` A _. W4, This Affidavit is made pursuant to Section 31 71(b)(2)(ii) of the City of Aventiira Land Development Code The undersigned Affiant hereby discloses that (mark with x' apo,cable portions only; 1 Affiant does not have a Business Relationship with any member of the City Commrss,on or any City Advisory Board to wnicn the application will be presented Al pant hereby discloses that it does have a Business Relationship with a member of the City Commissior or a C +ty Advisory Board to which the application will be presented as follows 'Lest name of Commissioner or Advisory Board fnember) who serves on the (List Cdy Commission or City Advisory Beard upon which member serves) The nature of the Business Relationship is as follows i Member of City Commission or Board holds an ownershm interest in excess of t of !0131 asse's or capital stock of App'iicant or Representative Member of City Commission or Board is a partner, co- shareholder (as to shares of a corporation which are not Iisted on any national or regona! stock exchange) 0r Moirt ventures vn!h the Applicant or Represertative in any business venture, J hi The Applicant or Representatives a Client of a member of the Ci'y Commission or Board or a C'iem of another professional working from the same office or for the same employer as the member of the City Commission or Board v A City Commissioner or Board mernber is a Client of the Applicam or Representative, v The Applicant or Representative is a Castorner of the member of the City Commission or Board for of nos or her rp oyes) and transacts more ihar S10.000 00 of the business of he member of the City o missicn 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 $25,0,00 00 of the business of the Applicant or Representative in a given calendar year WITNESS MY HAND THIS ! r DAY OF j\,,�V � _ 2001 3 APPI I ]A NI T Na _ i SILjl1,91L!di Name '(X L {i1 !Piin�l Print) WITNESS MY HAND THIS PROPERTY OWNER By-- — - -- Name Tale DAY OF _ _.206 - !S`gnalve) /f'nir0 (P;inli The Penns Business RelaUOnship, "Chen!. ZCstomei Applicant, Representative " and 7ntere.sled Person are detwed in Scctiorn 2 -39i of the Avewufd City Code WITNESS MY - vD THIS V!'.>-DA.Y OF ` d;_� S� REPRESENTATIVE (Listed o usiness ReiatlonSCID Aff,dav i By \-_-6-)�J+�` -�� By -- — - — iSvndlntr; Na,:�e 01- r Name - - IFrnt i TxeSS 5-U\� T t e Prrr�'i BY _ S�gn.'rl;: /r'i By Nan-e - -- -- - -- r'r, Ni 'vamp -,tie - - - - - -- - -- Title. — (F'rinGl BY - -- -- _ -- -- iStq!!!NU!el By (S;gn,vtw" Name p ,n! - -- -- t, Name , Title — (Pon!) TPe By -- - -- - -- tS:gn�x;;r.' By T,:Ie _ -- lFiu� Title TiLe -- _- - -�_ —( !,nl� Titre By By The - . -- — lP!in,�� Title Pnnl T,(!e _- (Flint) Title "Pont By - - -- IS!gnatutei BY Title -- -- — - (Pnol) TTe Title (Pond Title ;Fund NO -E. 1) Use duplicate sheets if disclosure information for Representative varies 'l �nt'licant, and 05ant, arr a,lvI,C'd III timeh ,upph emCnt thi, AftiJa�it purunmt tr, SCc -- llbn_'nMl r.l !hc Cit-', Land De\elohment R, elation, in the ( ity (*,)dc. in the e\eftt that piwi to con,idcration �f the pph,cxion b� the (,ity Beard OF C Ommi „ion. the intonnation prop idcd in the Attidav it hL%o nc, incovre,:t inC.uttplric. NOTARIZATION PROVISION SWE OF FLOR�'DA Before me, the undersigned at) Mon ty personally aooeared Ut1 t� �� 1 the Affianl whc ne,ng fi,sr by me ciu y sworn, did swear or a`nrm That he.rsne executed tbts Af4davd for .he pi rouses slaten therein a-a that t 5 true and correct r,n'� SWORN rC AN' SU9SCRIB�D u beroa me '.,r ay s 1 A d of �� Y c t t STATE OF FLOROA OJUN`, OF MIAMI DAD_ out De.1oy Brenna }I °► ss�on FFMI54 J I e��,,�' Fxpi Vo ap� Public State of Fior'da At Large f WWW �,R nNOTARj mnf Famed Name of Nc!ary 'd -y contrt55o1` eexo'ees .n Before rre e 1de•s gred autl'ordy e sona :.y appea(ed �, C, C.) the AfE,ant wno be I nc ! is., by m y sworn (in swea' or a'rr— thal hershe execUled vus AFi fer the purposes s!a!ed there:.^. and Gnat a u true and correct A 'ANT SWORti "0 AND S BSCRiBEC'oefore rne tr.s 13 day of \M\4� iA ^ta.ry Pu blic e Prinl4lMme of Notary +y commission expires 3-A -'L Oi -'-O DA. COUNT'' Of YiAMiDAD "r; Before me the undersigned authority personaly awearec executed this Affidavd for lne ou,soses stated therein and t ^at -s true and correc' SWORN TO AND SJBSCRfBED before me In ,s day of 2i�0 STATE Or FLOR'DA COUNTY Of WAMI -DADt; Before me .ne crdersigned authordy, pe- so ^a�ly appeareo executed this Ali far tie pu,poses stated therein and that it is t:ue and correct SWORN r0 AND SUBSCRIBED before me this day of he A!f,a^ v y s' by me dv!y sworr, ac shear c, affirm that Af F IAN- Notary Public State of donna A! !.arce —!ed Name of \-:a My cornm:ssicn expires _ the Affiant- wro benc first by me duty sworn d'd swear or afl rrn !hat heishe AFFIAN' 2OJ Notary Public State of F,onaa At -arge Pnnled Narne c! Notary My cornrnission expires C n N Q LO � 21 W (> g M CD z J c e n Qm0 d-Q �aprw Z U CM a °�Lj ZW } Z Q Q O Cf) Z C O 0 } RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING SIGN VARIANCE FOR BEALLBERRY LLC, ON PROPERTY LOCATED AT 21211 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business District; and WHEREAS, the Applicant, Beallberry LLC, through Application No. 02- SV -15, has requested a variance from Section 31- 1910)(2)a. of the City Code to permit a second wall sign measuring 15 square feet on the south elevation of a one -story retail building located at 21211 Biscayne Boulevard, located in an outparcel of the Aventura Commons shopping plaza; where one wall sign is permitted by Code; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the application for the second wall sign meets the criteria of the applicable codes and ordinances to the extent the application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 02 -SV -15 for Sign Variance to permit a second wall sign measuring 15 square feet on the south elevation of the one -story retail building at 21211 Biscayne Boulevard, legally described as Tract E, Aventura Commons, according to the plat thereof as recorded in Plat Book 151, Page 58 of the Public Records of Miami -Dade County, Florida, is hereby granted exclusively to Beallberry LLC, subject to the following conditions: City of Aventura Resolution No. 2015 - Page 2 1. That the plan submitted for permitting substantially complies with the sign drawing submitted with the application, prepared by C & C Signs, dated January, 2015. Section 2. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. 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 Denise Landman Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Teri Holzberg Mayor Enid Weisman PASSED AND ADOPTED this 7th day of April, 2015. City of Aventura Resolution No. 2015 - Page 3 ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of , 2015. CITY CLERK CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, IC -C City Manager BY: Joanne Carr, AICP 43 Community Development Director DATE: March 23, 2015 SUBJECT: Request of Bed Bath & Beyond Inc. for Conditional Use Approval to establish beer and wine package sales within a `World Market' section of its existing store at 19205 Biscayne Boulevard, Aventura, notwithstanding the spacing and distance requirements for the sale and service of alcoholic beverages pursuant to Section 4 -2(a) and (b) of the City Code (02- CU -15) April 7, 2015 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the conditional use application to establish beer and wine package sales as a grocery item within the Bed Bath & Beyond retail store at 19205 Biscayne Boulevard, Aventura, subject to the following conditions: 1. This approval shall be granted exclusively to the Bed Bath & Beyond retail store at 19205 Biscayne Boulevard, City of Aventura. 2. The use shall be established within twelve (12) months of the date of the approved resolution, or the approval granted herein shall expire, unless extended by motion of the City Commission at the written request of the applicant. 3. The sale of wine and beer shall be established only in conjunction with a grocery section of the Bed Bath & Beyond retail store. This conditional use approval shall terminate in the event the grocery section use is not established or is established and subsequently removed. 4. The applicant shall obtain a 2COP liquor license from the State of Florida to allow package sales of beer and wine in sealed containers for off - premises consumption. 5. The sale of alcoholic beverages shall be terminated in the event that the City Commission determines, after a public hearing, that the operation has created and /or may tend to create a disturbance to the community. A public hearing shall be set if the City Manager finds probable cause to believe that a disturbance has been created, based upon complaints received or the City Manager's observation. 6. The applicant shall comply with the hours of operation allowed to establishments for package sales pursuant to Section 4 -3 of the City Code, namely, between 8:00 a.m. and 10:00 p.m., except that the sale of beer may be made in sealed containers for off - premises consumption during such hours as the store is legally open for the sale of other grocery items. THE REQUEST The applicant, Bed Bath & Beyond Inc., is requesting Conditional Use approval to sell beer and wine in a new `World Market' grocery section to be added to its existing retail store at 19205 Biscayne Boulevard, notwithstanding the spacing and distance requirements for the sale and service of alcoholic beverages of Section 4 -2 (a) and (b) of the City Code. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY APPLICANT ADDRESS OF PROPERTY SIZE OF PROPERTY: Equity One (Florida Portfolio) Inc. Bed Bath & Beyond Inc. 19205 Biscayne Boulevard, City of Aventura (See Exhibit #2 for Location Map) Approximately 9.780 acres LEGAL DESCRIPTION Part of Tract A of Soffer Redlich Plat, according to the Plat thereof as recorded in Plat Book 153, Page 56 of the Public Records of Miami -Dade County, City of Aventura, Florida Zoning — Subject Property: B2 Community Business District Properties to the North: B2 Community Business District and U Utilities District Properties to the South: B2 Community Business District and TC1 Town Center District Properties to the East: B2 Community Business District Properties to the West: U Utilities District Existing Land Use — 2 Subject property: Commercial Plaza Properties to the North: Commercial Plaza & Power Substation Properties to the South: Commercial Plaza Properties to the East: Hotel Properties to the West: Biscayne Boulevard Future Land Use - According to the City of Aventura Comprehensive Plan, the following properties are designated as follows: Subject property: Business and Office Property to the North: Business and Office Property to the South: Town Center Property to the East: Business and Office Property to the West: Business and Office The Site - The subject site is in the retail plaza containing this Bed Bath & Beyond store, the Aventura Animal Hospital, DSW Shoe Warehouse, Old Navy, the Jewelry Exchange and outparcels. The plaza is located on the east side of Biscayne Boulevard between NE 191 Street and NE 193 Street. The Project - Bed Bath & Beyond is an existing tenant in this retail plaza built in 1998. The store has approximately 39,306 square feet of sales floor area with home goods and personal products. The applicant wishes to include 'World Market' section with grocery items, beer and wine in a 4,546 square foot area in the center of the store. The proposed beer and wine sales section will be approximately 795 square feet, or approximately 17 %, of the grocery section and 2% of the overall store floor sales area. No expansion of the store is proposed for the sale of beer and wine. A floor layout plan is attached as Exhibit #3 showing the area in which the beer and wine will be displayed for sale. Customer tastings of the alcoholic products is also proposed. These tastings are permitted under a 2COP liquor license issued by the State of Florida. Section 4 -2 (a) and (b) of the City Code establishes certain spacing and location requirements applicable to businesses selling alcoholic beverages. The Code provides that no premises shall be used for the sale and service of alcoholic beverages to be consumed on or off premises unless it is located at least 1,500 feet from a place of business having an existing liquor license (and not one of the uses excepted from the spacing requirements) and 2,500 feet from a religious facility or school. It allows certain exceptions detailed in Section 4 -2(e) of the City Code and noted below in the analysis of this request. The applicant does not meet either the spacing requirements or the exception conditions and therefore requires conditional use approval. The Aventura Police Department has confirmed that it has no crime prevention concerns with this proposed use. ANAI YSIS Consistency with Comprehensive Master Plan — The request is consistent with the City of Aventura Comprehensive Plan. This store is located within property with a Business and Office land use designation which permits commercial uses. Citizen Comments - The Community Development Department has received no written citizen comments as of the date of writing of this report. Community Development Department Analysis - The applicant is requesting conditional use approval for the sale of beer and wine in a new grocery section of its existing retail store. Chapter 4 of the City Code, regulating the sale of alcoholic beverages, requires certain spacing and distance requirements from religious facilities and schools and from other establishments selling alcoholic beverages. Section 4 -2 (a) and (b) of the City Code prohibits the sale of any alcoholic beverages, to be consumed on or off the premises, where the structure or place of business intended for such use is located less than 1,500 feet from another place of business having an established alcoholic beverage use (and not one of the uses excepted from the spacing requirement), or where the place of business is located less than 2,500 feet from a religious facility or school. The liquor survey submitted by the applicant shows the following: 12 places of business with an established alcoholic beverage use; however, 10 of those establishments are excepted from the spacing requirement • 1 School which is Ojus Elementary School at a distance of 1,836 feet • 2 Learning Centers • 3 Synagogues within a distance of 2,500 feet (See Exhibit #4 for Liquor Survey) Section 4 -2 (e) of the City Code provides for certain exceptions to these spacing and distance requirements. An establishment selling alcoholic beverages is exempt from the 1,500 -foot and 2,500 -foot spacing distances if it falls within one of the following categories: 1. A private club conforming to the requirements of a private club as stated in the State Beverage Law. The proposal does not meet this definition for exemption. 2. Restaurants in the B2 zoning district which serve cooked, fully course meals daily prepared on the premises and which provides alcoholic beverages service only to persons seated at tables. The proposal does not meet this definition for exemption. 4 3. Cocktail lounges in restaurants where the restaurant seats 200 or more patrons at tables or counts and occupies more than 4000 square feet of floor space. The proposal does not meet this definition for exemption. 4. Beer and wine for off - premises consumption as a grocery item, from grocery stores and meat markets. The Bed Bath & Beyond store is primarily a home goods and personal products store, therefore, it does not fall into this exemption category. 5. Bowling alleys with restaurants, hotels and motels with at least 100 guest rooms, golf course clubhouses and refreshment stands, tour boats, tennis clubs and indoor racquetball clubs, and not - for - profit theatres with live performances and 100 seats. The proposal does not meet any of these definitions for exemption. Criteria According to Section 31 -73(c) of the City's Land Development Regulations, a Conditional Use request is evaluated using the following criteria: 1. The proposed use shall be consistent with the Comprehensive Plan. The request is consistent with the Comprehensive Plan. The establishment is to be located on a parcel with business and office land use designation which permits commercial uses. The existing tenant space will not be expanded to accommodate the addition of beer and wine sales; therefore, the levels of service standards set out in the Comprehensive Plan will not be reduced. 2. The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. The request for approval to sell wine and beer within the existing retail store will not be detrimental to or endanger the public health, safety or general welfare. The applicant advises the following: (i) Bed Bath & Beyond managers and associates will take part in a required in- house training program that focuses upon appropriate age of sale, appropriate hours of sale, the consequences of prohibited sales to underage and intoxicated people, how to identify altered identification and the need to request identification from all customers, (ii) It is the policy of Bed Bath & Beyond to obtain identification from every customer, regardless of how old the customer looks. State and local restrictions are included in the training, 5 (iii) Prior to opening, the store will be provided with an Alcoholic Beverage Operation Guide and Alcoholic Beverage Sampling Guide that is specific to its location. The guides serve as the materials for the in -house training. Managers and associates are required to review the training and sign an acknowledgement of training quarterly. Bed Bath & Beyond is in the process of creating a quiz regarding proper identification that associates will have to satisfactorily complete. District staff will be sent for third -party training. Bed Bath & Beyond also requires the District Staff, Store Manager, and Department Lead of a store getting a beer and wine department to train in a store that has an existing beer and wine department prior to the opening of the beer and wine department in the associate's home store, (iv) Upon a sale of alcoholic beverages, the Bed Bath & Beyond POS system automatically reminds the cashier to ask for identification. Bed Bath & Beyond has signs at each register reminding the customer and cashier that anyone purchasing alcohol must be at least 21 years of age which includes a "Born Before" date. 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The request for wine and beer sales within the existing retail store is consistent with the business community character of the immediate neighborhood. The store is located in a large retail plaza and adjacent to other retail stores. 4. 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 requirement of these LDR's. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the Land Development Regulations. The proposal to add wine and beer products to an existing retail store, with no expansion of the store will not affect the adopted levels of service. 5. 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. The store is accessed by way of existing entrances and exits to Biscayne Boulevard, NE 191 Street and NE 193 Street. The proposed use will not affect existing ingress and egress. A 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The establishment of beer and wine sales in 795 square feet of an existing 39,306 square foot sales area will not impede the development of surrounding properties for uses permitted in the zoning district. 7. The design of the proposed use shall minimize adverse affects, including visual impacts of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The sale of wine and beer is proposed within the existing tenant space. The existing store will not be expanded. The beer and wine sales area is to the rear of the proposed grocery area in the middle of the store and will not be visible from the store exterior. There will be no visual impact of the proposed use on adjacent property. x A- . �j . 4 Corporate Office 650 Liberty Avenue Union, NJ 07083 Beyond any store of its kind' (908) 688 -0888 February 10, 2015 BY HAND Joanne Carr, Community Development Director City of Aventura 19200 West Country Club Drive, 4`h Floor Aventura, Florida 33180 Re: Bed Bath & Beyond Store located at: 19025 Biscayne Blvd, Aventura, Florida 33180 CONDITIONAL USE APPLICATION LETTER OF INTENT Dear Ms. Carr: Please consider this our formal Letter of Intent in connection with the Conditional Use Approval in the City of Aventura for the addition of an alcoholic beverage department within the existing Bed Bath & Beyond store located at 19025 Biscayne Blvd., Aventura, Florida 33180 (the "Property "), selling packaged beer and wine for off-premises consumption and conducting in store samplings related thereto. A. The Property The Property is located at 19025 Biscayne Blvd. in the City of Aventura, Florida. The existing Bed Bath & Beyond store at this location has operated for over 16 years and has developed a strong customer base. B. Proposed Department Bed Bath & Beyond seeks a Conditional Use Approval to operate an alcoholic beverage department within the existing Bed Bath & Beyond store located in the City of Aventura. While Bed Bath & Beyond seeks the Conditional Use Approval to add an alcoholic beverage department, it will simultaneously be seeking permits and approvals to also add a gourmet food department and expanded coffee and tea department at the same location. The entire plan is described in this Letter of Intent although we understand that the Conditional Use Approval is only required for the alcoholic beverage department. Exhibit #1 02 -CU -15 Over the past few years, Bed Bath & Beyond has been remodeling some of its stores to include gourmet food, expanded coffee and tea, and /or alcoholic beverage departments. Bed Bath & Beyond has found that customers enjoy the unique gourmet food options and convenience of having food and beverage items located in the store. The alcoholic beverage and coffee and tea assortment also compliments the existing housewares and beverage accessory assortment available at Bed Bath & Beyond. Bed Bath & Beyond and its subsidiary Bed Bath & Beyond of California LLC currently hold alcoholic beverage licenses for off - premise retail sales for its stores located in San Diego.. California, Los Angeles. California, Yorba Linda.. California, Downers Grove, Illinois. Fairview- Heights, Illinois, Schaumburg, Illinois, Phoenix, Arizona. Vienna, Virginia, Farmington Hills. Michigan, Sterling Heights, Michigan, Denton, Texas, Dunwoodv. Georgia and Solon, Ohio. Photographs showing a typical alcoholic beverage department at an existing Bed Bath & Beyond location were previously delivered to Aventura. Bed Bath & Beyond is hoping to expand its assortment at the Property to add a gourmet food department, an expanded coffee and tea department and an alcoholic beverage department. In addition to a wide array of specialty and imported food goods and an expanded coffee and tea department. the Bed Bath & Beyond store would offer customers many craft beers from around the world. as well as wines from Europe. South America and the United States. In order to bring this concept to the Property, Bed Bath & Beyond needs to apply for a liquor license and in connection therewith obtain a Conditional Use Approval from the City of Aventura. It is interested in obtaining a license that would allow it to sell beer and wine for off - premises consumption. Bed Bath & Beyond seeks the ability to offer tastings to help educate consumers and allow then to make the right choices. Bed Bath & Beyond also seeks the ability to sell single serving sized beer, particularly craft beers. The store would also have on -site food sampling of the more popular and unique foods in the gourmet food department, coffee and tea sampling, and wine and beer sampling in the alcoholic beverage department, as permitted. The new departments would be modest in size, only approximately 1.660 square feet for gourmet food, 2,100 square feet for expanded coffee and tea, and 795 square feet for alcoholic beverages, of the existing 39,360 square feet of sales floor space. There is also an existing health and beauty department selling an assortment of consumer commodities. including but not limited to, cosmetics. facial and body lotions and washes, hair care products, personal care products and health and wellness products, which comprises approximately 3,300 square feet. I have attached to this letter, as Exhibit B, a detailed floor plan that sets out the proposed food and beverage department in relation to the whole store. Bed Bath & Beyond will comply with all of the relevant and pertinent laws of the City of Aventura and the State of Florida regarding the sale of alcoholic beverages. C. Conditional Use Approval Request Therefore, Bed Bath & Beyond is seeking conditional use approval from the City of Aventura to allow for the above new alcoholic beverage department. The proposed use meets the criteria set forth in Section 31- 73(c)(1) -(7) of the Aventura Florida Code of Ordinances related to conditional uses. 'vN'e believe this use will enhance the community by affording residents of the City of Aventura and surrounding communities to have the convenience of purchasing beer and wine for off- premises consumption while shopping in their local Bed Bath & Beyond store. D. Surnmary The proposed use is consistent with the City's Zoning Ordinances and Comprehensive Plan designations and is compatible with the surrounding community. The addition of the new department within the Property, as shown on the attached plans and photographs, will not negatively impact the City of Aventura. The alcoholic beverage department is modest in size compared to the size of the existing store. The purpose of the alcoholic beverage department is to enhance the shopping experience of our customers. Based on the foregoing, we respectfully request Conditional Use Approval for the use of the Property as described herein. Thank you in advance for your review of the foregoing. Should you have any questions, please do not hesitate to contact me at 908 -613 -5757. Sincerely. Debra Kerner, Esq. Legal Consultant cc: Kristine Begley, Esq. (via e -mail) Lori Norris (via e -mail) BROWARD COUNTY — DADE COUNTY • ■ Gulfstream •�"V 7��l� W9 rL7V �'� 51TiT,1 ■ '• Park YACHT CLUB DR. ■ :r 1 MARINA • COVE ■ :■ Arcnlura HARBOR ■ .r Hospiml �� _ '� WAY CIRCLE ■ '■ hledi, al 4�1 % w Y • :� Center i, Q A 1NERWA • M ■ � r ® M ■ • Wuterwass IN '■ WATERWAYS kV Shoppes 207 ST. ■ ■ w w ■ Q Q COUNTRY CLUB DR. �■ The w 205 M ■ • Promenade V �� U ■ r Shops co O � ■ :■ IVES DAIRY RD. :r 203 ST. C%��Iij �; ■ �� ■ :r ■ :■ N a- ■ C) �■ 201 TER. rn � � ■ � • 0 Turnberry Isle ■ m ■ �O. m Resort & Club ■ Z • AVENTURA 0L / ■ v '■ ■ v P • Fire O • O Rescue Aventuraxz J0 • ;r Station Library Z- G� • I■ D ;r O > �Q ;■ U r :■ Aventura Mall . m • :■ O YACHT Z • :■ City of Aventura U t_UB �J • r •r Government Center • / :■ 192 ST. LLIAM`�NMA S W 192 ST. 19 L • 190 S f. MYSTICe� �• Loeh nn's AV 0 : ■ Fashio W • O : ■ Island N Subject Site — Z MIAMI '• 33180 w GARDENS DR. 1• v • -_ -- O • — — — 185 ST .33 60 Al � 183 ST. 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W/�W /� z w O I^ �a U O z Q w~ a z 0 F- U Z Q c? a� 0z z Nt W H O J L Ln 0 LLL-u Go w O = Z ow LL O a y z 0 U LL W V Ln W C C1�t ro a M rn J � CL m N Oti M M C�aO 7 p00 o z� ac,M m Wx J F- cu �i LL N 0o L a' Ln r- LO W LL CO op W - , M (6 E Eu C) in ° oo z Otis 00 r` ui a L,J U1 0 O a a J C L5 N " aJ > w Y } > z m m m m i2 O O i Z N p J O o z Y a U a O U C U I w p = aJ w p U "O 1 v M w N w ri J w O _ m w0 w O z a 0 o a APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31- 71(b)(2)(i) of the City of Aventura Land Development Code, this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit, which is identified in the accompanying application, and the owner of the property subject to the application (if different) hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application, as follows. Name RelaftOt7ship (i.e. Attorneys, Architects, Landscape Architects, Engineers, Lobbyists. Etc.) Neil A. Milestone, Esq. Attorney Jose M. Rives Jr. Surveyor Debra Kerner, Esq. Attorney Michael W. Solitro Surveyor Lori Norris Consultant {Attach Additional Sheets If Necessary) Steve Carter Regional Manager, Bed Bath &Beyond NOTICE. ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31- 71(B)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WETNESS MY AND THIS I U DAY OF March 2065. AUTHO ED P ESENTATIVE OF APPLICANT OWNER By: By (Signature) (Signature) Name: Seth D. Geldzahler Name: (Print) (Print) Title. Vice President - Real Estate Title: Address: 650 Liberty Avenue Address: _Union, NJ 07083 STATE OF F€TA ) COUNTY OF MtRtiE) (A 'h 16 Before me the undersigned authority personally appeared Seth D. Geldzah r as the authorized representative of the Applicant andlor the owner of the property subject to the application, who being first by y sworn, or affirm that helsrl]e executed this Affidavit for the purposes stated therein and that it is true and correct. _ AFFIANT `� lie SWORN TO AND SUBSCRIBED BEFORE ME this tu day of -March 20Gl­5 Notary PubV, State of Printed Name of Notary I< 11 L c My commission expires: ANGELA M LEARY ID # 2289570 NOTARY PUPL'r:. STATE OF NEV! -. My Commission Expiri.c w.. y ` ' BUSINESS RELATIONSHIP AFFIDAVIT* K-' � A This Affidavit is made pursuant to Section 31- 71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affant hereby discloses that: (mark with "x" applicable portions only) X1 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. [ 1 2 Affart hereby discloses :hat it does have a Business Relationship wlth a inernber 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 11 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 sarne office or for the same employer as the member of the City Commission or Board; (] iv A City Commissioner or Board member is a Client of the Applicant or Representative; 1 ] v. The Applicant or Representative is a Customer of the member o° 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 Comm ssion 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 MY HAND THIS 10,— DAY OF yiiill)y ") 206 5 Hrru�Hi i By ( Signalure) Name:: 16th e za ems^ ( Prinl) Title Vice President- Real Estate —Plot) WITNESS MY HAND THIS /0 DAY OF 14Ar6A 20f. PROPERTY OWNER- KRISTAL DELCAMPO By _ (Signature) oln My COMMIS SION #FF147865 Name __ _ _ (Print) EXPIRES: AUG 18, 2018 Title (Print) Bonded through 1st State Insurance `The terms "Business Relationship, ' 'Client ' "Customer, " 'Applicant," "Representative" and "Interested Person" are defined in Section 2 -335 of the Aventura City Code VOT, r4i- his i DAY C., c March REPRESENTATIVE Y g17.7 !;a Name NeilA Milestorie,EsqWim, T,jl,? Attorney -- (; PW) 11e )Pnrt;1 i 3 y - ­ 11 -- ­. - 1 (;f7, Nani& Steve Cartel l0e, Regional Manager "Pool) N ci Name Jose M Rives Jr, (oajt! T ilrI Surveyor 17h, T([:(,. ti�wilf) [,,imr Debra Kerner, Esg. Attorney Michael Solitio Surveyor-_ Na,jw Cori Norris I tie C01151.11tant i 3 y - ­ 11 -- ­. - 1 (;f7, Nani& Steve Cartel l0e, Regional Manager "Pool) Tjo Irlp ,NOT[ 1) kj,,f, dtjpjj(:aje sheets it clisclosure infornwtion for Reptesmiumve vwiw, NNpph,-,II1(, and Atl ille ad\ Ised to llmcl) mlppicmcnt !hl" Alfikja� il pu[�kl;illt It, tire. ltlh)i the I It% L JHd )L'N 001MICIII hr 11W I0 L'011',ii At 1011 t 'hC I noll of ( oillim,"I'm, 1111- !l1follwill"ll N ci Titlt "Pivii B 17h, T([:(,. ti�wilf) Tjo Irlp ,NOT[ 1) kj,,f, dtjpjj(:aje sheets it clisclosure infornwtion for Reptesmiumve vwiw, NNpph,-,II1(, and Atl ille ad\ Ised to llmcl) mlppicmcnt !hl" Alfikja� il pu[�kl;illt It, tire. ltlh)i the I It% L JHd )L'N 001MICIII hr 11W I0 L'011',ii At 1011 t 'hC I noll of ( oillim,"I'm, 1111- !l1follwill"ll Titlt "Pivii Tjo Irlp ,NOT[ 1) kj,,f, dtjpjj(:aje sheets it clisclosure infornwtion for Reptesmiumve vwiw, NNpph,-,II1(, and Atl ille ad\ Ised to llmcl) mlppicmcnt !hl" Alfikja� il pu[�kl;illt It, tire. ltlh)i the I It% L JHd )L'N 001MICIII hr 11W I0 L'011',ii At 1011 t 'hC I noll of ( oillim,"I'm, 1111- !l1follwill"ll WITNESS MY HAND THIS iC DAY OF March REPRESENTATIVE: (Listed on Business Relationship Affidavit) By (Signature) Name: Neil A. Milestone Esq(Print) Tale Attorney (Print) By: (Signature) Name: Jose M. Rives Jr. (Print) Title: Surveyor (Print) _(Print) 1 BY (Signature) Name Debra Kerner Esq. _(Print) Title: Attorney (Print) By. — (Signature) Title: Michael Solitro _(print) Title Surveyor (Print) By: _ (Signature) Name: Lori Norris ("Print) Title: Consultant (Print) By. (Signature) NanTilte: Steve Carter (Print) Title:—Regional Mana ear (Print) am By Name: Tfe: By Name Title (Signature _ (Print) (Signature (Print) (Print) By: (Signature Name (Print) Title _ _(Print) By. (Signature Title: (Print) Title (Print) By: (Signature Title (Print) Title: _ (Print) By (.Signature Title _(Print) Title (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies ?) 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 intormation provided in the Affidavit becomes incorrect or incomplete. WITNESS MY HAND THIS iU7 "' DAY OF March REPRESENTATIVE (Listed on Business Rerationshlp Affidavt) By. Name. 'Neil A. Milestone Esq(Piwv Tate Attorney _ By. Name Jose M. Rives Jr._ (Pint) Tit'(, Surveyor ( Print) By �- }: t� ji (S,ynalurei Name Debra Kerner. Esq. Title _Attorney­ (Pont) By �Zf�� /%� j(Srynaflrre) Tale._ Michael Sc-htro (Pont! Tale _ Surveyor —2,105. By -- Name Tile By -- Narne Title lsIgnatute (Pool/ (Signature (Print) (Pant) By _ (S,t)nxufe Name _ IPnnl) Tile _ _ (Pratt) By. — _ _ ( Signalure Title (Pant) Title _._ _. —__ -- —• (Prior) By — _ ,— _ (St /ware) By -- (Signature N ��— Lori Norris (PnntJ Title Td ?e Consultant _ _(Pritu) Title _ _(Pool) By:- _ — — - -_ __(Sn)nartua) 8y' __ - -- _ -_ _— (Signature Nani& Steve Carter_ (frfwl) TTe (Print) Title: Regional Manager_ _(Pturr) Tale _(Pont) NOTE: t) Use duplicate sheets if disclosure information for Representative varies 2) ,lpplieant, and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31- 71(6)121(iv) of- the (itv's Land Uevclopnrent Regulations in the City Code, in the scent that prior to consideration of the application by the City Board or Commission. the information prop ided in the Aftidavit become, incorrect or inc"'111plew. WITNESS MYHIANDTHS I I,�' 1) DAY OF March -)tEi REPRESENTATIVE (Listed on Business, Reiationshio Aft,dav,t) By By Name. Neil A. Milestone, Escj�i-,,aij; Name -W� rlj) T,ilp AttoMej T,I e By By Narra, Jose-M,-Rives Jr. —Ipfinl) Narne T'tle Surveyr fkffno Title By �S jwuiule Name Debra Kerner. Esa. Name "Punt) Title: Attorney Tive ip"Inlj T,-,!e Michael Solitro Tina Su,rVey_qL_ By By NmIW Lori Norris Title T,t!e –Consultant tp"11"'1 Title By, By Nanfdte..Steve Carter Tj e Titte Regional Manager T,tip NOTE: 1) Use duplicate sheets if disclosure information for Representative varies ') Applicants and Afll-iaws are adv i-sed it) timer} supplerlicill this Affida% it puisuafl[ to Sec. " I -71(bp 21"IX of the City's ' Land L)Lvelopnient Regulations ill the City COde, III the event that prior it) conoderation Ot 'tic application ` be the City Bo'li-ji or Comnii.Nsion, the intorniallon provided in the -\ t!idav it heconic, incorrect or Imolliplew WITNESS MY NAND THIS _L, DAY OF REPRESENTATIVE: (Listed on Business Relationship Affidavit) By (Signature) (;Signature) ` _(Print) Name. _, (Print) (Print) (Signature) Title Title: (Print) Title._, (Pant) By. _ (Signature) Name- Title S' (Print) By _ (Signature) Name: _ ` _(Print) Title: _ _, (Print) By- (Signature) Title: _ Title: (Print) Title._, (Pant) By: _ _ _ __ (Signature) Title —(Print) Title (Print) BY _ (Signature Name: _ _ _(Prin {) Title (Print) By _ — ( Signatwe Name (Print) Title _._ (Print) By (Signature Name _ _ _(Print) Title: _(Print) By: __ (Signature Title: _ _ (Print) Title (Print) By _ (Signature Title _ (Print) Title _ _ (Print) By. (Signature) By: _ (,Signature Title: _(Print) Title _ (Print) Title: -- (Print) Title (Pont) 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. _ I- 71(b)i,2j(iv) of the City's Land Development Regulations in the City Code, in the event that prier to consideration of the application by the City Board or Commission, the intormation provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION a j:11 Wy Neil A Milestone,,,,, L_ "" ilXcl A%T Neil A Milestone March : _9 ..... ........ TETYANA TYSHCHENKO MY COMMISSION #FF059244 EXPIRES October 2, 2017 (407) 398.0153 F to r i dallot a ry Se rvi ce.,com Jose M Rives Jr A'1 A!, J'W March '15 Debra Kerner -X % A �Pjj7 March 5 Jose M Rives Jr. ("(I la Ai -" P_J'J'Y bebra Kerner 4t ta'v Pt,UU(7 SO T?'�T opt= N E V) i L i -, EY "!-d 1 lAy corrir,-,ioSjon ExpiroS J'Jly 0, 201 7 r'i ['A MichaelSolitro March --;f%- Michael Solitro NOTARIZATION PROVISION STATE Of Cr VIAMI-[)V--� Hu!oie rre, ine undersigned autrionty. peTsorariy appeared Neil A. Milestone the Affarit 0o be nq f!st by me :lJy sworn, aid swea- of ati-nn that r.eisnt! exerxea tn.s Afltoavt (r:4 1^e pu•pcses staled therein and that it is true and wirect Ag:FIANT Neil A. Milestone SVil"Rk AND SUPISC.RR[O Wofern,!Inis oay.i March 215 Notary Pubic State of Flor�ca A[ Large Pr (ilea Name of Notary My f:rmrn6sx, etp.res C,'a,NTY Of MAMI D A[)E -Pefive Te t!ie undersigned authorit, pc.,fso7a;iy appeared Jose M. Rives Jr. 1he Affart, wnc ceing his, by vie Clify sworn did swear or ah-in 'Jidt hashe exe-,i:ed or s Affidav'! 1C, tr:e P,;rPCSC-S staled these are that 1 is true and crrf(.Tt SV OR% TO AND SUBSCRIBED oefo,e me this clay of March 265 AFIANT Jose M. Rives Jr. Notary Public State of F Wda At Large Pnnteo Name of Notary Nly ccmm,ssion expires -r FWfOaA CO jN : Y OF =4-1 �A,9 Before t-e, 11iL ui-dersgned authority, PLYSOld!!Y a=earec Debra Kerner tt.e Afiant who being first by me !jiy Sworn, c,a swear o- alfr(r, that hejsh.e exeuteo mrs Affe.lavit fcr tie pLrpGses stated therein and I.fiat t,s tie and Correct -4elbra Kerner F � �A'J SWORN TO AND SU,--,SCR:6-.0 befo•e nrie this day c' March 2315 L ID # 22e9570 N O:aiy P41ic State of Florida At Large li,10TARY PUBLIC A—, STATE OF NEW JERSEY Pr,,ted Name of NOWY My Commission Expires July 9, 2017 %1y 474 rnrmsSl(n eK;VeS . 1, C , ) C I / ............ ..... .. ... .......... .. . S - A -;- 0F ; LOR CA COUN -Y Of NIAV-[I ADE) Before rie, the ujcrrsiqned a,;Lho,ity, personaay appeared Michael Solitro the Atfian!, writ being fist bvne Xy Sworn. c'e, Shea, 0, affirm 1pal ne"Sre execute: t7 s Ar�davi: it,e pvposes Stated ',IlLre�r and that is Llue and correct AFFIAN' Michael Solitro ,I.VORN Ml AV) SjIBSCRBEI) belo(efne tn,s day uf March Notary CiLofic Slate of Florida At C9rge DAVO M. [D*ERLpFj) Notary Public - State of Florida P,,^!ed flame ol Notary My cv.nmissoii exp,res OY COMM. Expires DOC 6. 2017 COMMISSIN # FIF 44812 WL BMW muo VftY AWL STA-� CC = „OR:DA NOTARIZAIION PROVISION CCJN*-” CY',!!AV'-JADE �; D I c [,'Ue —, Vie miefsgow aottnonry, wscnal,y apma,m Leve Cart exe-ilea 11cs Aflcav i lo( me r.jfr.Cses stated therein and lha!!t ts true and ccict IORN,�Tp-;,-iQ SUBSCR P;—) b0lae me tms ay ---- arct 4 ELIZABETH B. MILANA My COMMISSION #FF028494 EXPIRES July 24. 2017 398-0153 Floridallotaryservice.com S' WE OF FLOROA (',CJN'7 OF h4AVDAD� Before me -,%,jn::wsq,eo1 a�t(,,!ity, pf,.�st;rai yri6peafel exe,--tLv, lm,, A'Qiavl Y,, 11�e staled ano 11h,31 ! is true a-,, fnrffK! SV,1JR% Tri XNL, SLP CR.K D b0-re rre tha cay of er e *A!��,SAtjd j_!y ,,, I, swe, af, 't �. "S c LAN Steve Notary PU Slate of �;tLarge 4.1 i 2- L'be �-h %3• rnr t","led Name o! Nola-y nog 7 ine Affiant w-i,) te rg °is! r-, me duly swvr,, d,c sw,ta, c, jtwr. tr,jt t,,as,, A;-F,AN I Notary PLbl,c State C"-JofiJa At Large r,fi!cj Barre cf 4oiaev My S•A-,--- CF FLOR0A COJN; Y CF MAVi CA,; Before f-re, nc: fim,sgnej;1.910(,tj pefscr3! v apoea,ed e At ar! me n� Y d o 5Av.r,-,! aferm nat rersra! exe-ci:ec tnts Alfrav;t lc4 the 1,j,poscs Staled ineren and tna! ii Is lue and SWORN 101 A�-, SJBSCR�K:11 tc-`,,feme 1G s cay of -------- --- ------- -- : -A'i Or fLGRIDA Be o�e one me autn:.n!y, PeTscna: y appea,f."i tris fc-r :re ;L•PCSeS S!310 71U& dl'ld',%a! ' s u e a'O Xf'ert ,,.VORN TO AND S,,;83CR BED oelae T-ne Jay of ACPANT Notary Public Slate Flcnaa At arqo P,-*d Name of ":cstary Lne A!,,ji,t, Al;o c(,-q f,st ty fna d. 1y sw,,-r .1•! sAej, (r 1",�fr Td! -w,t� e A;FIANT Notary pulh,. State 0, F`r31tcrl At urge P, 1!e(] 11'arre Of N0131V MY , exp,,("', NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authorty, personally appeared Nell A. Milestone 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. AFFiANT Neil A. Milestone SWORN TO AND SUBSCRIBED before me this __ day of -March 215 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 Jose M.- Rives Jr. the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed th,s Affidavit for the purposes stated therein and that it is true and correct. AFF,ANT Jose M. Rives Jr. SWORN TO AND SUBSCRIBED before me this - day of March 201 5 Notary Public State of Florda At Large Printed Name of Notary Nr.,.� Jer'sc / My commission expires. STATE OF F49_ A ) COUNTY OF MWA#D*BE) unit�,7 Before me, the undersigned authority, personally appeared Debra Kerner 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 D� �FFIANTebra Kerner M SWORN TO AND SUBSCRIBED before me this l0 day of March 205 - r hL -r. ID # 2289570 Notary P tic State of Hoe At Large NOTARY PUBLIC Alc,.j j e✓�' STATE OF NEW JERSEY Printed Name of Notary _ My Commission Expires July 9, 2017 My commission expires: _ % J2 , '7 --- ----- --- ---- - ---- -- ------ ---- ----- -- -- - ---- -- -- -- -- - -- - -- ---- - - -- - -- -- ----------------------------------- ---------------- STATE OF FLORIDA COUN 7Y OF MIAMI -DADE) Before me, the undersigned authority, personalty appeared - Michael _ Solltro the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed tn,s Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this day of March 245 AFFIANT Michael Solitro Notary Public State of Florda At Large Printed Name of Notary My commission expires.- NOTARIZATION PROVISION STATE OF FLORIDA COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared J bc_f 4165 J( the Aifiant, 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. 1 AFFIA T IT- SWORN TO AND SUBSCRIBED before me this )0 day of __ ft(LT 20 4a, KRISTAL DELCAMPO is fate of Flom AtAt MY COMMISSION #FF147865 v / Large EXPIRES: AUG 18, 2018 Printed Name of Notary %,._.,.^� Bonded through 1st State Insurance My commission expires - -- - - - - -- W----w -- --------- ---------------- --- -------- ------ -- STATE OF FLORIDA j - -- 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 ) COUN TY 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 Ins - _- day of 200 STATE OF FLORIDA COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared executed this Affcavit 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 Pnnted Name of Notary My commission expires. the Affiant, who being first by me duly sworn, did swear or affirm that he/she AFFfANT Notary Public State of Florda At Large Printed Name of Notary My commission expires the Affiant, who being first by me duly sworn, did swear or affirm that he /she AFFIANT Notary Public State of Florida At Large Printed Name of Notary My commission expires _ __ NOTARIZATION PROVISION STATE OF FLORIDA COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared /Ok r _ N0)f',1,S the Affiant, in by me duly sworn, did swear or affirm that heishe executed this Affidavit for the purposes stated therein and that it is true and correct. AF SWORN TO AND SUBSCRIBED before me this/0 - day of #I/JP!!Gf 20b 0.Y PV KRISTAL DELCAMPO o Punic State of F�jnda At r e X40 MY COMMISSION #FF147865 EXPIRES: AUG 18, 2018 Printed Name of Notary Bonded through 1st State Insurance My commission expires — ---------------------------- -------- ------- - - - - -- ----- -- -- -- — --- - - - - -- - - - -------------------- - - -- -- STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me. the undersigned authority, personally appeared the Atfiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of. 200 Notary Public State of Florida At Large Printed Name of Notary My commission expires. STATE OF FLORIDA COUNTY OF MIAMI -DADE) Before me, the undersgned authority, personally appeared the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this day of 200 AFFIANT Notary Public State of Florida At Large Printed Name of Notary My commission expires:_ _ STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before rne, 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 AFFIANT Notary Public State of Florida At Large Printed Name of Notary My commission expires _ _ RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE SALE OF BEER AND WINE IN A GROCERY SECTION OF THE BED BATH & BEYOND STORE LOCATED AT 19205 BISCAYNE BOULEVARD, CITY OF AVENTURA, NOTWITHSTANDING THE SPACING AND DISTANCE REQUIREMENTS FOR THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES REGULATED BY SECTION 4 -2(a) AND SECTION 4 -2(b) OF THE CITY CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business District, and WHEREAS, the applicant, Bed Bath & Beyond Inc., through Application No. 02- CU-15 is requesting conditional use approval to permit the sale of beer and wine in a grocery section of its existing store at 19205 Biscayne Boulevard, City of Aventura, notwithstanding the spacing and distance requirements of Chapter 4, Section 4 -2(a) and (b) of the City Code; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for Conditional Use to permit the sale of wine and beer in a grocery section of the Bed Bath & Beyond store in the B2 zoning district is hereby granted exclusively to the Applicant, subject to the conditions set out in this Resolution, on property legally described in Exhibit "A" attached to this Resolution and known as municipal address 19205 Biscayne Boulevard, City of Aventura. Section 2. Approval of the request above is subject to the following conditions: 1. This approval shall be granted exclusively to the Bed Bath & Beyond store at 19205 Biscayne Boulevard, City of Aventura. 2. The use shall be established within twelve (12) months of the date of the approved resolution, or the approval granted herein shall expire, unless extended by motion of the City Commission at the written request of the applicant. 3. The sale of wine and beer shall be established in conjunction with a grocery section of the existing Bed Bath & Beyond store. This conditional use approval shall City of Aventura Resolution No. 2015 - Page 2 terminate in the event the grocery section of the store is not established or is established and subsequently removed. 4. The applicant shall obtain all necessary license or licenses from the State of Florida to allow package sales of beer and wine in sealed containers for consumption off premises only. 5. The sale of alcoholic beverages shall be terminated in the event that the City Commission determines, after a public hearing, that the operation has created and /or may tend to create a disturbance to the community. A public hearing shall be set if the City Manager finds probable cause to believe that a disturbance has been created, based upon complaints received or the City Manager's observation. 6. The applicant shall comply with the hours of operation allowed to establishments for package sales pursuant to Section 4 -3 of the City Code, namely, between 8:00 a.m. and 10:00 p.m., except that the sale of beer may be made in sealed containers for off - premises consumption during such hours as the store is legally open for sale of other grocery items. Section 3. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 4. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033 Florida Statutes as amended. 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 Denise Landman Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Teri Holzberg Mayor Enid Weisman City of Aventura Resolution No. 2015 - Page 3 PASSED AND ADOPTED this 7th day of April, 2015. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of , 2015 CITY CLERK City of Aventura Resolution No. 2015 - Page 4 EXHIBIT "A" TO RESOLUTION NO. 2015- LEGAL DESCRIPTION OF SUBJECT PROPERTY All of Tract A of Soffer Redlich Plat, according to the Plat thereof, as recorded in Plat Book 153, Page 56, of the Public Records of Miami -Dade County, Florida; Less and Except: Beginning at the SE corner of said Tract A, Thence along the boundary line of said Tract A for the following described four (4) courses; (1) Thence North 2 degrees 51 minutes 49 seconds West for 617.34 feet to a point on the limited access right of way of State Road 852; (2) Thence North 56 degrees 51 minutes 19 seconds West, along the previously described line for 186.33 feet; (3) Thence South 2 degrees 54 minutes 5 seconds East for 75.53 feet; (4) Thence South 87 degrees 31 minutes 10 seconds West for 45.92 feet, Thence South 2 degrees 51 minutes 9 seconds East, departing the above named boundary line of said Tract for 198.25 feet; Thence South 47 degrees 08minutes 18 seconds East for 27.93 feet; Thence South 2 degrees 51 minutes 49 seconds East for 432.04 feet to a point on the south line of said Tract A; Thence North 87 degrees 34 minutes 58 seconds East along the previously described line for 177.09 feet to the point of beginning. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, Cityal,Glanajer DATE: April 2, 2015 SUBJECT: Ordinance Amending 2014/15 Ch'al4dr School Fund Budget 1St Reading April 7, 2015 City Commission Meeting Agenda Item —1 2 "d Reading April 16, 2015 City Commission Meeting Agenda Item _ RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance amending the 2014/15 Charter School Fund Budget. The total amount of the amendment is $163,163. BACKGROUND The attached document has been prepared as a clean -up amendment prior to the end of the Fiscal Year on June 30, 2015. The following is a summary of the amendments: REVENUES 1. Updates the Florida Education Finance Program amounts to the actual amount to be received by $290,049. This includes $104,175 which will be offset by increasing the Administrative Fee charged by the Miami -Dade School Board on charter schools. 2. Eliminates the need to utilize prior year's surplus to balance the budget and decreases this line item by $126,886. EXPENDITURES 1. Increases the Administrative Fee charged by Miami -Dade School Board by $104,175 which is offset by additional revenue discussed above. 2. Provides $40,000 to replace air conditioning unit. Memo to City Commission Page 2 3. Increases the contingency amount by $18,988. If you have any questions, please feel free to contact me. EMS /act Attachment CCO1890 -15 ORDINANCE NO. 2015- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2014 -07, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 201412015 (JULY 1 — JUNE 30) BY REVISING THE 2014/2015 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the Aventura City of Excellence School 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 2014/2015 Operating and Capital Budget of the Aventura City of Excellence School 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. 2014 -07, which Ordinance adopted a budget for the 2014/2015 fiscal year for the Aventura City of Excellence School by revising the 2014/2015 budget as set forth on the attached Exhibit "A ", which exhibit is deemed incorporated by reference as though set forth in full herein. City of Aventura Ordinance No. 2015 -_ Page 2 Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen Commissioner Denise Landman Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Teri Holzberg Mayor Enid Weisman 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 Denise Landman Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Teri Holzberg Mayor Enid Weisman PASSED AND ADOPTED on first reading this 7th day of April, 2015. PASSED AND ADOPTED on second reading this 16th day of April, 2015. City of Aventura Ordinance No. 2015 - Page 3 ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EXHIBIT A Budget Amendments CHARTER SCHOOL FUND 190 2014/15 2014/15 2014/15 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY BUDGET AMOUNT BUDGET Revenues State Shared Revenues 3359100 Florida Education Finance Program 6,380,297 290,049 6,670,346 SUBTOTAL $ 6,380,297 $ 290,049 $ 6,670,346 Other Non-Revenues 3999000 Beginning Surplus $ 126,886 $ (126,886) $ - SUBTOTAL $ 126,886 $ (126,886) $ - Total Amendments-Revenues $ 163,163,', Expenditures Operation of Plant 3149 MDCSB Aministrative Fee $ 32,000 $ 104,175 $ 136,175 4635 Repairs & Maintenace 84,000 40,000 124,000 5901 Contingency 85,000 18,988 103,988 SUBTOTAL $ 201,000 $ 163,163 $ 364,163 Total Amendments-Expenditures $ 163,163,, 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 20, 2015 SUBJECT: Mid -Year Ordinance Amending 2014/15 Budget 1St Reading March 3, 2015 City Commission Meeting Agenda Item -7 2nd Reading April 7, 2015 City Commission Meeting Agenda Item J=� RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance amending the 2014/15 budget. The total amount of each fund's budget amendment is outlined below. BACKGROUND As you may be aware, the City normally amends the budget to recognize actual fund balance amounts carried over based on the prior year's audit. In addition, current year 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, 2014 to the 2014/15 budget will also be addressed in my memorandum which will accompany the Commission's electronic package containing the Comprehensive Annual Financial Report. GENERAL FUND (001) REVENUES /EXPENDITURES - $ 602,475 To recognize additional Carryover to fund the items described below. 1. To re- appropriate $ 622,186 worth of capital outlay projects which were not 100% complete by the end of the prior fiscal year as follows: a. computer equipment $ 518,153 b. equipment — other 49,033 c. community garden 25,000 d. art in public places 30,000 Total $622,186 1 2. To decrease Non Departmental/Transfers to the debt service funds by $ 19,711 in order to recognize and utilize actual fund balances from the two- related debt service funds described below, based on the prior year's audit. SPECIAL REVENUE FUNDS POLICE EDUCATION FUND (110) REVENUES /EXPENDITURES — $ 1,120 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 — $ 812,540 To recognize additional Carryover to fund the two (2) projects below (items a. and b.) as well as increase the capital reserve (item c.): a. NE 185th St. Turning Lane Modifications $ 225,000 b. Country Club Drive Path Asphalt Repairs 90,000 c. Capital Reserve 497,540 Total $812,540 911 FUND (180) REVENUES /EXPENDITURES — ($ 19,720) To adjust the actual fund balance amount carried over based on the prior year's audit. DEBT SERVICES FUNDS DEBT SERVICE FUND SERIES 2010 & 2011 (230) REVENUES — $ 0 (Revenue Reclassification of $ 12,205 — 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 $ 12,205 for a net effect of $ 0. DEBT SERVICE FUND SERIES 2012, Charter School Land (250) REVENUES — $ 0 (Revenue Reclassification of $ 7,506 — 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 $ 7,506 for a net effect of $ 0. 2 CAPITAL PROJECTS FUND (392) REVENUES /EXPENDITURES — ($ 456,185) To adjust the following items: a. Reduce carryover amounts (for both Public Safety and Community Services) to their actual amounts as determined by the prior year's audit • Public Safety — ($ 443,993) • Community Services — ($ 12,192) b. The TVMS Upgrades project is a project that will be completed in phases and as such we are reducing this year's project appropriation by $ 442,500 to cover only that portion which we anticipate funding during FY 2014/15. Any additional funding that may be required to complete various phases, will be budgeted / reappropriated at that time. c. Reduce capital reserves amounts (for both Public Safety and Community Services) to their actual amounts as determined by the prior year's audit • Public Safety — ($ 1,493) • Community Services — ($ 12,192) If you should have any questions related to this memorandum, please feel free to contact the City Manager. BKR /bkr 3 ORDINANCE NO. 2015- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2014 -10 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2014/2015 FISCAL YEAR BY REVISING THE 2014/2015 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. 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 2014/2015 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. 2014 -10, which Ordinance adopted a budget for the 2014/2015 fiscal year, by revising the 2014/2015 budget as set forth on the attached Exhibit "A" which exhibits are deemed incorporated by reference as though set forth in full herein. Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. City of Aventura Ordinance No. 2015 -_ Page 2 Section 4. Effective Date This Ordinance shall be effective immediately upon adoption on second reading and shall be applicable retroactively from and after October 1, 2014. The foregoing Ordinance was offered by Commissioner Shelley, who moved its adoption on first reading. This motion was seconded by Commissioner Narotsky, and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen Yes Commissioner Denise Landman Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Commissioner Howard Weinberg Yes Vice Mayor Teri Holzberg Yes Mayor Enid Weisman Yes The foregoing Ordinance was offered by Commissioner . who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen Commissioner Denise Landman Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Teri Holzberg Mayor Enid Weisman PASSED AND ADOPTED on first reading this 3rd day of March, 2015. City of Aventura Ordinance No. 2015 -_ Page 3 PASSED AND ADOPTED on second reading this 7th day of April, 2015. ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY MAYOR ENID WEISMAN FY 2014/15 Budget Amendments GENERAL FUND (001) 2014/15 OBJECT ADOPTED CODE CATEGORY BUDGET Revenues Non - Revenue 3999000 Carryover SUBTOTAL Total Amendments - Revenues 2014/15 AMENDED AMOUNT Exhibit A 2014/15 REVISED BUDGET $ 16,414,538 $ 602,475 $ 17,017,013 $ 16,414,538 $ 602,475 $ 17,017,013 $ 602,475 Expenditures Capital Outlay /Information Technology (8012 -513) 6401 Computer Equipment >$5,000 $ 227,400 $ 371,498 $ 598,898 SUBTOTAL $ 227,400 $ 371,498 $ 598,898 Capital Outlay /Public Safety (8020 -521) 6401 Computer Equipment >$5,000 $ 263,352 $ 1,510 $ 264,862 6402 Computer Equipment <$5,000 149,612 55,000 204,612 6410 Equipment >$5,000 139,497 49,033 188,530 SUBTOTAL $ 552,461 $ 105,543 $ 658,004 Capital Outlay /Community Development (8040 -524) 6402 Computer Equipment <$5,000 $ 3,500 $ 90,145 $ 93,645 SUBTOTAL $ 3,500 $ 90,145 $ 93,645 Capital Outlay /Community Services (8050- 539/5411572) 6310 Aventura Founders Park $ 28,000 $ 25,000 $ 53,000 SUBTOTAL $ 28,000 $ 25,000 $ 53,000 Non - Departmental - (8090 -590) 6454 Art in Public Places $ $ 30,000 $ 30,000 SUBTOTAL $ - $ 30,000 $ 30,000 Non Departmental /Transfers (9001 -581) 9123 Transfer to 1999 Debt Service Fund (230) $ 1,199,453 $ (12,205) $ 1,187,248 9125 Transfer to 2012 Debt Service Fund (250) 403,912 (7,506) 396,406 SUBTOTAL $ 1,603,365 $ (19,711) $ 1,583,654 Total Amendments - Expenditures $ 602,475 Page 1 of 3 Exhibit A POLICE EDUCATION FUND (110) 2014/15 2014/15 2014115 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY BUDGET AMOUNT BUDGET Revenues Non - Revenue 3999000 Carryover $ - $ 1,120 $ 1,120 SUBTOTAL $ - $ 1,120 $ 1,120 Total Amendments - Revenues $ 1,120 Expenditures Public Safety (2001 -521) 5450 Training SUBTOTAL Total Amendments - Expenditures $ 7,000 $ 1,120 $ 8,120 $ 7,000 $ 1,120 $ 8,120 $ 1,120 TRANSPORTATION AND STREET MAINTENANCE FUND (120) 2014/15 2014/15 OBJECT ADOPTED AMENDED CODE CATEGORY BUDGET AMOUNT Revenues Non - Revenue 3999000 Carryover SUBTOTAL Total Amendments - Revenues Expenditures 2014/15 REVISED BUDGET $ 1,400,940 $ 812,540 $ 2,213,480 $ 1,400,940 $ 812,540 $ 2,213,480 $ 812,540 Community Services (5001 -541) 6314 NE 185th St. Turning Lane Modifications $ $ 225,000 $ 225,000 6315 Country Club Drive Path Asphalt Repairs - 90,000 90,000 6999 Capital Reserve 685,315 497,540 1,182,855 SUBTOTAL $ 685,315 $ 812,540 $ 1,497,855 Total Amendments - Expenditures $ 812,540 911 FUND (180) Expenditures Public Safety (2001 -521) 6999 Capital Reserve $ 30,200 $ (19,720) $ 10,480 SUBTOTAL $ 30,200 $ (19,720) $ 10,480 Total Amendments - Expenditures $ (19,720) Page 2 of 3 2014/15 2014115 2014/15 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY BUDGET AMOUNT BUDGET Revenues Non - Revenue 3999000 Carryover $ 65,000 $ (19,720) $ 45,280 SUBTOTAL $ 65,000 $ (19,720) $ 45,280 Total Amendments - Revenues $ (19,720) Expenditures Public Safety (2001 -521) 6999 Capital Reserve $ 30,200 $ (19,720) $ 10,480 SUBTOTAL $ 30,200 $ (19,720) $ 10,480 Total Amendments - Expenditures $ (19,720) Page 2 of 3 Exhibit A DEBT SERVICE FUND SERIES 2010 & 2011 (230) OBJECT CODE CATEGORY 2014115 ADOPTED BUDGET 2014/15 AMENDED AMOUNT 2014/15 REVISED BUDGET Revenues 2014/15 OBJECT Non - Revenue ADOPTED AMENDED 3811001 Transfer from General Fund $ 1,199,453 $ (12,205) $ 1,187,248 3999000 Carryover - 12,205 12,205 SUBTOTAL $ 1,199,453 $ - $ 1,199,453 Total Amendments - Revenues $ - DEBT SERVICE FUND SERIES 2012 CHARTER SCHOOL LAND ACQUISITION (250) OBJECT CODE CATEGORY 2014/15 ADOPTED BUDGET 2014/15 AMENDED AMOUNT 2014/15 REVISED BUDGET Revenues 2014/15 OBJECT Non - Revenue ADOPTED AMENDED 3811001 Transfer from General Fund $ 403,912 $ (7,506) $ 396,406 3999000 Carryover - 7,506 7,506 SUBTOTAL $ 403,912 $ - $ 403,912 Total Amendments - Revenues $ CAPITAL PROJECTS FUND (392) Page 3 of 3 2014115 2014/15 2014/15 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY BUDGET AMOUNT BUDGET Revenues Non - Revenue 3999000 Carryover - Public Safety $ 469,891 $ (443,993) $ 25,898 3999000 Carryover - Community Services 1,045,933 (12,192) 1,033,741 SUBTOTAL $ 1,515,824 $ (456,185) $ 1,059,639 Total Amendments - Revenues $ (456,185) Expenditures Public Safety (2001 -521) 6320 TVMS Upgrades $ 1,200,000 $ (442,500) $ 757,500 6999 Capital Reserve - Public Safety 27,391 (1,493) 25,898 Community Services (5001 -521) 6999 Capital Reserve - Community Services 923,433 (12,192) 911,241 SUBTOTAL $ 2,150,824 $ (456,185) $ 1,694,639 Total Amendments - Expenditures $ (456,185) Page 3 of 3 T MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday.Sunday and Legal Holidays Miami,Miami-Dade County,Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: CITY OF AVENTURA Before the undersigned authority personally appeared NOTICE OF PUBLIC HEARING M.ZALDIVAR,who on oath says that he or she is the LEGAL CLERK,Legal Notices of the Miami Daily Business Date and Time of Public Hearing: Tuesday,April 7,2015 Review f/k/a Miami Review,a daily(except Saturday,Sunday 6:00 p.m. and Legal Holidays)newspaper,published at Miami in Miami-Dade County,Florida;that the attached copy of advertisement, Applicant Name/Number: Bed Bath&Beyond Inc. being a Legal Advertisement of Notice in the matter of (02-CU-15) Applicant Request: Conditional Use Approval to establish beer CITY OF AVENTURA - PUBLIC HEARING 4/7/15 and wine package sales in conjunction with a grocery sales section in the Bed Bath&Beyond store in the B2 Community Business District BED BATH&BEYOND, INC (02-CU-15) Location of Subject Property: 19205 Biscayne Boulevard, City of in the XXXX Court, Aventura was published in said newspaper in the issues of Legal Description: Part of Tract A, Soffer Redlich Plat, according to 03/24/2015 the Plat recorded in Plat Book 153, Page 56 of the Public Records of Miami-Dade County,Florida City of Aventura(complete legal description on file at the Community Development Department) Affiant further says that the said Miami Daily Business • Plans are on file and may be examined during regular business hours Review is a newspaper published at Miami in said Miami-Dade at the City of Aventura Government Center, Community Development County, Florida and that the said newspaper has Department, 19200 West Country Club Drive,Aventura, Florida,33180. heretofore been continuously published in said Miami-Dade County, Plans may be modified at or before the Public Hearing.The application Florida,each day(except Saturday,Sunday and Legal Holidays) may change during the hearing process. and has been entered as second class mail matter at the post office in Miami in said Miami Dade County,Florida,for a The Public Hearing will be held in the City Commission Chamber at City period of Aventura Government Center at 19200 West Country Club Drive, eriod of one year next preceding the first publication of the Aventura,Florida,33180.Your comments may be made in person at the attached copy of advertisement;and affiant further says that he or hearing or filed in writing prior to the hearing date. Refer to applicant/ she has neither paid nor promised any person,firm or corporation property on correspondence and mail same to City of Aventura Govern- any discount,rebate,commission or refund for the purpose ment Center, Community Development Department at the address . of securing this advertisement f•r publication in the said above.For further information,please call(305)466-8940. newspaper. 4101101.5111/ persons accordance with the d andcwh with Dipeciaties Act of 1990, to all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the 4 Office of the City Clerk,(305)466-8901,not later than two business days prior to such proceedings. Sworn to and s • cri.•d b ore me this If a person decides to appeal any decision made by the City Commission 24 day i /A'- ,A.D. 2015 with respect to any matter considered at a meeting or hearing,that person 4 will need a record of the proceedings and,for such purpose,may need to �.'AO ensure that a testimony record vi the proceedings n i is made,appeal is record includes the testimony and evidence upon which the appeal is to be based. (SEAL) `,N••11 , ,, •,,, Ellisa L.Horvath,MMC,City Clerk M.ZALDIVAR personally known to me ��`,`,,�.�'�OMAS• ���i', 3/24 15-3-149/2421538M Clerk O berg, i% :o t. ?p9�• : 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 CITY OF AVENTURA M.ZALDIVAR,who on oath says that he or she is the NOTICE OF PUBLIC HEARING LEGAL CLERK,Legal Notices of the Miami Daily Business Review f/k/a Miami Review,a daily(except Saturday,Sunday Date and Time of Public Hearing: Tuesday,April 7,2015 and Legal Holidays)newspaper,published at Miami in Miami-Dade 6:00 p.m. County,Florida;that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of Applicant Name/Number: Beallberry LLC (02-SV-15) CITY OF AVENTURA - PUBLIC HEARING 4/7/15 Applicant Request: Variance from Section 31-1910)(2)a.of the City BEALLBERRY LLC (02-SV-15) Code to permit a second wall sign measuring 15 square feet to be located on the south elevation of the Pinkberry store in an outparcel of the in the XXXX Court, Aventura Commons retail plaza; where one wall sign is permitted by was published in said newspaper in the issues of Code. Location of Subject Property: 21211 Biscayne Boulevard, City of 03/24/2015 Aventura Legal Description: Tract E,Aventura Commons,according to the plat Affiant further says that the said Miami Daily Business thereof recorded in Plat Book 151, Page 58 of the Public Records of Review is a newspaper published at Miami in said Miami-Dade Miami-Dade County,Florida,City of Aventura. County, Florida and that the said newspaper has Plans are on file and may be examined during regular business hours heretofore been continuously published in said Miami-Dade County, at the City of Aventura Government Center, Community Development Florida,each day(except Saturday,Sunday and Legal Holidays) Department, 19200 West Country Club Drive,Aventura,Florida,33180. and has been entered as second class mail matter at the post Plans may be modified at or before the Public Hearing.The application office in Miami in said Miami-Dade County,Florida,for a may change during the hearing process. period of one year next preceding the first publication of the The Public Hearing will be held in the City Commission Chamber at City attached copy of advertisement;and affiant further says that he or of Aventura Government Center at 19200 West Country Club Drive, she has neither paid nor promised any person,firm or corporation Aventura,Florida,33180.Your comments may be made in person at the any discount,rebate,commission or refund for the purpose hearing or filed in writing prior to the hearing date. Refer to applicant/ of securing this advertisement .r publication in the said property on correspondence and mail same to City of Aventura newspaper. Ars Government Center, Community Development Department at the 4004/ 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 Sworn to and -••scr'• • before me this the Office of the City Clerk,(305)466-8901,not later than two business days prior to such proceedings. 24 day .• A"+ A.D. 2015 If a person decides to appeal any decision made by the City Commission 44,, with respect to any matter considered at a meeting or hearing,that person -A /� 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 (SEAL) �,•Hrrr,r•'.0r• based. ����,, 1 \OMAS I•/fi,ii Ellisa L.Horvath,MMC,City Clerk M.ZALDIVAR personally known t;\ �;•\SSION••••• `�i 3/24 15-3-150/2421540M ■ o=Ober2��,o� • .�c>Jm 4�9co : 2° vcP :*_ =*• gp•∎ • #FF 034747 11,;5,, s� • •Q: y0 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday,Sunday and Legal Holidays Miami,Miami-Dade County,Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: CITY OF AVENTURA NOTICE OF PUBLIC HEARING Before the undersigned authority personally appeared M.ZALDIVAR,who on oath says that he or she is the Date and Time of Public Hearing: Tuesday,April 7,2015 LEGAL CLERK,Legal Notices of the Miami Daily Business 6:00 p.m. Review f/k/a Miami Review,a daily(except Saturday,Sunday and Legal Holidays)newspaper,published at Miami in Miami-Dade Applicant Name/Number: Beluga Bar Inc.doing business as County,Florida;that the attached copy of advertisement, Beluga Caviar Bar being a Legal Advertisement of Notice in the matter of (03-CU-15) Applicant Request: Conditional Use Approval pursuant to Section CITY OF AVENTURA - PUBLIC HEARING 4/7/15 4-2(a)of the City Code to permit sales and service of wine,champagne BELUGA BAR INC (03-CU-15 and beer at its kiosk in Space K-2000 in the Aventura Mall Location of Subject Property: 19501 Biscayne Boulevard, City of in the XXXX Court, Aventura was published in said newspaper in the issues of Legal Description: Part Tract Q, Aventura 6th Addition, according 03/24/2015 to the plat thereof recorded in Plat Book 120, Page 20 of the Public Records of Miami-Dade County,Florida,City of Aventura(complete legal description is on file at the City of Aventura Community Development Affiant further says that the said Miami Daily Business Department). Review is a newspaper published at Miami in said Miami-Dade Plans are on file and may be examined during regular business hours County,Florida and that the said newspaper has at the City of Aventura Government Center, Community Development heretofore been continuously published in said Miami-Dade County , Department, 19200 West Country Club Drive,Aventura,Florida,33180. Florida,each day(except Saturday,Sunday and Legal Holidays) Plans may be modified at or before the Public Hearing.The application and has been entered as second class mail matter at the post may change during the hearing process office in Miami in said Miami-Dade County,Florida,for a period of one year next preceding the first publication of the The Public Hearing will be held in the City Commission Chamber at City attached copy of advertisement;and affiant further says that he or of Aventura Government Center at 19200 West Country Club Drive, she has neither aid nor promised any person,firm or corporation Aventura,Florida,33180.Your comments may be made in person at the p p y p cor p hearing or filed in writing prior to the hearing date. Refer to applicant/ any s cucog this rebate,commission or publication for the purpose property on correspondence and mail same to City of Aventura of securing this adverti e or publication in the said Government Center, Community Development Department at the newspaper. �� address above.For further information,please call(305)466-8940. L'/A In accordance with the Americans with Disabilities Act of 1990, all need special accommodations to �A persons who are disabled and who p participate in this proceeding because of that disability should contact the Sworn to and -ubscri ed r efore me this Office of the City Clerk,(305)466-8901,not later than two business days prior to such proceedings. 24 da .5 RC A.D. 015 ........ 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 *AP // / 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 �ti•, ,, includes the testimony and evidence upon which the appeal is to be (SEAL) ` �����THOMAS•:",,,i,,,/`' based. Ellisa L.Horvath,MMC,City Clerk M.ZALDIVAR personally known to .��\SSIOI1F VO ,ober2,9-53)• Z 3/24 15-3-151/2421543M • 2*• �•1 • �j #FF 034747 z %i.2 • :COQ y9•. d''iiiUM.IC,SZPI°0% 10/IIN1111f111�1