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2015-58 Conditional Use Approval - Turnberry Isle Resort (Orchid Hotel Building) RESOLUTION NO. 2015-58 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO ALLOW A HEIGHT OF 16 STORIES AND 169 FEET FOR THE REDEVELOPMENT OF THE ORCHID HOTEL BUILDING AT THE TURNBERRY ISLE RESORT, WHERE A HEIGHT OF 12 STORIES AND 120 FEET IS PERMITTED BY CODE, ON PROPERTY LOCATED AT 19999 WEST COUNTRY CLUB DRIVE, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business District; and WHEREAS, the applicant, TB Isle Resort, LP, through Application No. 05-CU-15, is requesting Conditional Use approval to permit a height of 16 stories and 169 feet for the redevelopment of the Orchid hotel building in the Turnberry Isle Resort, where a height of 12 stories and 120 feet is permitted by Code; and WHEREAS, Section 31-144(c)(2)(i) of the City Code provides that uses that exceed the height limitations, up to a maximum of 20 stories and 200 feet, may be permitted in the B2 zoning district following conditional use approval by the City Commission; 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. The above stated recitals are hereby adopted and confirmed. Section 2. Application 05-CU-15 for Conditional Use to allow a height of 16 stories and 169 feet for the redevelopment of the Orchid hotel building in the Turnberry Isle Resort, where a height of 12 stories and 120 feet is permitted by Code in the B2, Community Business District, is hereby granted exclusively to the Applicant, subject to the conditions set out in this Resolution, on property legally described in Exhibit "A" to this Resolution. City of Aventura Resolution No. 2015-58 Page 2 Section 3. Approval of the request above is subject to the following conditions: 1. The applicant shall obtain a building permit for the proposed development within 12 months of the date of the approving resolution, failing which this approval shall be void. The applicant may request one six month extension of time to obtain building permits and the City Commission may, by resolution or motion, grant such extension of time upon a showing of good cause by the applicant. 2. Plans shall substantially comply with those submitted, as follows: • "Turnberry Isle Hotel & Resort", ALTA/ACSM Land Title Survey, Legal, Notes, Exceptions, Sheet 1of 13, prepared by Fortin, Leavy, Skiles, Inc., dated 6/30/10, signed and sealed 7/21/15. • "Turnberry Isle Hotel & Resort", ALTA/ACSM Land Title Survey, Boundary Survey Sheet 2 of 13, prepared by Fortin, Leavy, Skiles, Inc., dated 6/30/10, signed and sealed 7/21/15. • "Turnberry Isle Hotel & Resort", ALTA/ACSM Land Title Survey, Topography and Graphic Easements, Sheet 3 of 13, prepared by Fortin, Leavy, Skiles, Inc., dated 6/30/10, signed and sealed 7/21/15. • "Turnberry Isle Hotel & Resort", ALTA/ACSM Land Title Survey, Topography and Graphic Easements, Sheet 4 of 13, prepared by Fortin, Leavy, Skiles, Inc., dated 6/30/10, signed and sealed 7/21/15. • "Turnberry Isle Hotel & Resort", ALTA/ACSM Land Title Survey, Topography and Graphic Easements, Sheet 5 of 13, prepared by Fortin, Leavy, Skiles, Inc., dated 6/30/10, signed and sealed 7/21/15. • Turnberry Isle Hotel & Resort", ALTA/ACSM Land Title Survey, Topography and Graphic Easements, Sheet 6 of 13, prepared by Fortin, Leavy, Skiles, Inc., dated 6/30/10, signed and sealed 7/21/15 • "Turnberry Isle Hotel & Resort", ALTA/ACSM Land Title Survey, Topography and Graphic Easements, Sheet 7 of 13, prepared by Fortin, Leavy, Skiles, Inc., dated 6/30/10, signed and sealed 7/21/15 • "Turnberry Isle Hotel & Resort", ALTA/ACSM Land Title Survey, Topography and Graphic Easements, Sheet 8 of 13, prepared by Fortin, Leavy, Skiles, Inc., dated 6/30/10, signed and sealed 7/21/15 • "Turnberry Isle Hotel & Resort", ALTA/ACSM Land Title Survey, Topography and Graphic Easements, Sheet 9 of 13, prepared by Fortin, Leavy, Skiles, Inc., dated 6/30/10, signed and sealed 7/21/15 • "Turnberry Isle Hotel & Resort", ALTA/ACSM Land Title Survey, Topography and Graphic Easements, Sheet 10 of 13, prepared by Fortin, Leavy, Skiles, Inc., dated 6/30/10, signed and sealed 7/21/15 • "Turnberry Isle Hotel & Resort", ALTA/ACSM Land Title Survey, Topography and Graphic Easements, Sheet 11 of 13, prepared by Fortin, Leavy, Skiles, Inc., dated 6/30/10, signed and sealed 7/21/15 City of Aventura Resolution No. 2015-58 Page 3 • "Turnberry Isle Hotel & Resort", ALTA/ACSM Land Title Survey, Topography and Graphic Easements, Sheet 12 of 13, prepared by Fortin, Leavy, Skiles, Inc., dated 6/30/10, signed and sealed 7/21/15 • "Turnberry Isle Hotel & Resort", ALTA/ACSM Land Title Survey, Topography and Graphic Easements, Sheet 13 of 13, prepared by Fortin, Leavy, Skiles, Inc., dated 6/30/10, signed and sealed 7/21/15 • "Turnberry Isle Resort and Club Expansion", Cover/Location Map/Drawing Index, Sheet A-0.00, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/13/2015. • "Turnberry Isle Resort and Club Expansion", Demolition Site Plan, Sheet A-1.00, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort and Club Expansion", Partial Site Plan-Hotel Tower & Porte Cochere, Sheet A-1.02, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort and Club Expansion", Overall Site Plan, Sheet A-1.01, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/13/2015. • "Turnberry Isle Resort and Club Expansion", Partial Site Plan- Conference Center, Sheet A-1.03, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/13/2015. • "Turnberry Isle Resort and Club Expansion", Trash Compactor Enclosure, Sheet A-1.04, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort and Club Expansion", Hotel & Conference Center Lot Coverage Plan, Sheet A-1.05, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort and Club Expansion", Conference Center FAR Areas, Sheet A-1.06, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort and Club Expansion", Ground Level Hotel Tower FAR Plan, Sheet A-1.21, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort and Club Expansion", Typical Level (2nd-14th) Hotel Tower FAR Plan, Sheet A-1.22, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort and Club Expansion", Levels 15th and 16th Hotel Tower FAR Plan, Sheet A-1.23, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort and Club Expansion", Roof Plan Hotel Tower FAR Plan, Sheet A-1.24, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort and Club Expansion", Conference Center Ground Floor Plan, Sheet A-3.01, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort and Club Expansion", Conference Center 2nd Floor Plan, Sheet A-3.02, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/14/2015. City of Aventura Resolution No. 2015-58 Page 4 • "Turnberry Isle Resort and Club Expansion", Conference Center Roof Plan, Sheet A-3.03, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort and Club Expansion", Cooling Tower Enclosure, Sheet A- 3.04, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort and Club Expansion", Hotel Floor Plan Level 01, Sheet A- 3.21, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort and Club Expansion", Hotel TYP Unit Plan Levels 2 thru 14, Sheet A-3.22, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort and Club Expansion", Hotel Floor Plan Level 15 and 16, Sheet A-3.23, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort and Club Expansion", Hotel Roof Plan, Sheet A-3.24, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort and Club Expansion", Existing Garage Plan Level 01, Sheet A-3.25, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort and Club Expansion", Existing Garage Plan Level 02, Sheet A-3.26, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort and Club Expansion", Existing Garage Plan Level 03, Sheet A-3.27, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort and Club Expansion", Existing Garage Plan Level 04, Sheet A-3.28, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort and Club Expansion", Existing Garage Plan Level 05, Sheet A-3.29, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort and Club Expansion", New Garage Plan Level 06, Sheet A-3.30, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort and Club Expansion", Porte Cochere Plans, Sheet A-3.40, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort and Club Expansion", Golf Storage Shed & Irrigations PS Building Plans, Sheet A-3.50, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/13/2015. • "Turnberry Isle Resort and Club Expansion", Elevations (South, West) , Sheet A- 8.01, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort and Club Expansion", Elevations (North, East), Sheet A- 8.02, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/14/2015. City of Aventura Resolution No. 2015-58 Page 5 • "Turnberry Isle Resort and Club Expansion", Hotel Elevations (West, East), Sheet A-8.20, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/13/2015. • "Turnberry Isle Resort and Club Expansion", Hotel Elevations (North, South), Sheet A-8.21, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/13/2015. • "Turnberry Isle Resort and Club Expansion", Porte Cochere Plan and Elevations, Sheet A-8.40, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort and Club Expansion", Golf Storage Shed Plan and Elevation Sheet A-8.50, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort and Club Expansion", Irrigation Pump Station Building Plan and Elevations, Sheet A-8.51, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort and Club Expansion", Conference Center Sections, Sheet A-10.01, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort and Club Expansion", Conference Center Porte Cochere, Sheet A-10.02, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort and Club Expansion", Hotel Sections 1 and 2, Sheet A- 10.20, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/13/2015. • "Turnberry Isle Resort and Club Expansion", Conference Center Perspective, Sheet A-15.01, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort and Club Expansion", Conference Center Perspective, Sheet A-15.02, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/14/2015. • Turnberry Isle Resort and Club Expansion", Hotel Tower Perspective, Sheet A- 15.03, prepared by Nichols Brosch Wurst Wolfe & Assoc., Inc., dated 4/20/2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort and Club", Schematic Hardscape/Lighting Plan, Sheet LH- 1, prepared by DSBoca, dated August 13, 2015, revised 8/12/2015. • "Turnberry Isle Resort and Club", Schematic Hardscape/Lighting Plan, Sheet LH- 2, prepared by DSBoca, dated April 13, 2015, revised 8/12/2015. • "Turnberry Isle Resort and Club", Hotel Main Entrance Planting Plan, Sheet LP- 1, prepared by DSBoca, dated April 13, 2015, revised 8/12/2015. • "Turnberry Isle Resort and Club", Hotel Main Entrance Planting Plan, Sheet LP-2 prepared by DSBoca, dated April 13, 2015, revised 8/12/2015. • "Turnberry Isle Resort and Club", Conference Center Entrance Planting Plan, Sheet LP-3 prepared by DSBoca, dated April 13, 2015, revised 8/12/2015. • "Turnberry Isle Resort and Club", Maintenance Facility Planting Plan, Sheet LP-4 prepared by DSBoca, dated April 13, 2015, revised 8/12/2015. • "Turnberry Isle Resort and Club", Conference Center Entrance Planting Plan, Sheet LP-5 prepared by DSBoca, dated April 13, 2015, revised 8/12/2015. City of Aventura Resolution No. 2015-58 Page 6 • "Turnberry Isle Resort and Club", Orchid Hotel Building Planting Plan, Sheet LP- 6 prepared by DSBoca, dated April 13, 2015, revised 8/12/2015. • "Turnberry Isle Resort and Club", South Perimeter- Williams Lehman Causeway, Sheet LP-7 prepared by DSBoca, dated April 13, 2015, revised 8/12/2015. • "Turnberry Isle Resort and Club", Plant List, Notes, Details, Sheet LP-8 prepared by DSBoca, dated April 13, 2015, revised 8/12/2015. • "Turnberry Isle Resort and Club", Planting Specifications, Sheet LP-9 prepared by DSBoca, dated April 13, 2015, revised 8/12/2015. • "Turnberry Isle Resort and Club", Hotel Main Entrance Tree Disposition Plan, Sheet TD-1 prepared by DSBoca, dated June 16, 2015, revised 8/12/2015. • "Turnberry Isle Resort and Club", Hotel Main Entrance Tree Disposition Plan, Sheet TD-2 prepared by DSBoca, dated June 16, 2015, revised 8/12/2015. • "Turnberry Isle Resort and Club", Conference Center Entrance Tree Disposition Plan, Sheet TD-3 prepared by DSBoca, dated June 16, 2015, revised 8/12/2015. • "Turnberry Isle Resort and Club", Maintenance Facility Tree Disposition Plan, Sheet TD-4 prepared by DSBoca, dated June 16, 2015, revised 8/12/2015. • "Turnberry Isle Resort and Club", Conference Center Tree Disposition Plan, Sheet TD-5 prepared by DSBoca, dated June 16, 2015, revised 8/12/2015. • "Turnberry Isle Resort and Club", Orchid Hotel Building Tree Disposition Plan, Sheet TD-6 prepared by DSBoca, dated June 16, 2015, revised 8/12/2015. • "Turnberry Isle Resort and Club", Tree Disposition Table, Sheet TD-7 prepared by DSBoca, dated June 16, 2015, revised 8/12/2015. • "Turnberry Isle Resort Conference, Cover Sheet, Hotel & Entry Expansion", Location Sketch, Sheet C1, prepared by Thomas A Checca, P.E., dated February 26, 2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort Conference, 300 FT. Offset Plan w/2015 Areial", Location Sketch, Sheet C2, prepared by Thomas A Checca, P.E., dated February 26, 2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort Conference, Overall Site Plan w/2015 Aerial", Location Sketch, Sheet C3, prepared by Thomas A Checca, P.E., dated February 26, 2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort Conference, Overall Site Plan", Sheet C4, prepared by Thomas A Checca, P.E., dated February 26, 2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort Conference, Overall Resort Site Plan", Sheet C5, prepared by Thomas A Checca, P.E., dated February 26, 2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort Conference, Zoning Charts", Sheet C6, prepared by Thomas A Checca, P.E., dated February 26, 2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort Conference, Enlarged Main Entry Site Plan-Pavement Geometry, Markings and Truck Turning Movements", Sheet C7, prepared by Thomas A Checca, P.E., dated February 26, 2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort Conference, Enlarged Main Entry Site Plan- Pavement Geometry, Markings and Truck Turning Movements", Sheet C8, prepared by Thomas A Checca, P.E., dated February 26, 2015, revised 8/12/2015, signed and sealed 8/14/2015. City of Aventura Resolution No. 2015-58 Page 7 • "Turnberry Isle Resort Conference, Enlarged Hotel Site Plan-Pavement Geometry," Sheet C9, prepared by Thomas A Checca, P.E., dated February 26, 2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort Conference, Enlarged Conference Center Utility Plan," Sheet C10, prepared by Thomas A Checca, P.E., dated February 26, 2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort Conference, Enlarged Entry Utility Plan," Sheet C11, prepared by Thomas A Checca, P.E., dated February 26, 2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort Conference, Enlarged Hotel Utility Plan," Sheet C12, prepared by Thomas A Checca, P.E., dated February 26, 2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort Conference, Enlarged Conference Center Grading and Drainage Plan," Sheet C13, prepared by Thomas A Checca, P.E., dated February 26, 2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort Conference, Overall Fire Truck Plan," Sheet C14, prepared by Thomas A Checca, P.E., dated February 26, 2015, revised 8/12/2015, signed and sealed 8/14/2015. • "Turnberry Isle Resort Conference, Paving, Drainage, Water and Sewer Details," Sheet C15, prepared by Thomas A Checca, P.E., dated February 26, 2015, revised 8/12/2015, signed and sealed 8/14/2015. 3. Any discontinuation of the approved conditional use for a period of 180 consecutive days shall constitute abandonment and shall rescind the approval of the conditional use. 4. Prior to issuance of a building permit for the proposed development, the applicant shall: (i) provide to the City a recorded copy of a Unity of Title or Covenant in Lieu of Unity of Title, in form satisfactory to the City Manager and City Attorney, to combine the resort parcel and golf course parcel as required by Ordinance No. 2015-07; and (ii) provide a job-site plan for approval of the City Manager, pursuant to Ordinance No. 2006-05; and (iii) obtain a Public Works Permit from the City's Community Services Department for all planned improvements in the public right of way; and (iv) obtain an Engineering Permit from the City's Community Services Department for the proposed lake and golf hole reconfiguration; and (v) provide evidence of approval from all easement holders of vacation and relocation of easements necessary to complete the proposed redevelopment. City of Aventura Resolution No. 2015-58 Page 8 5. Prior to issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy for any of the proposed buildings, the applicant shall: (i) provide to the City a recorded copy of all vacations and relocations of easements; and (ii) provide an Elevation Certificate in form satisfactory to the City Manager; and (iii) provide a signed copy of the Valet Parking Service Agreement for the arrival court at the new conference center, as contemplated by the Valet Queuing Analysis prepared by David Plummer and Associates and approved by the City's Traffic Engineering Consultant on September 16, 2015. 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 Weinberg, who moved its adoption. The motion was seconded by Commissioner Landman, and upon being put to a vote, the vote was as follows: Commissioner Teri Holzberg Yes Commissioner Howard Weinberg Yes Commissioner Robert Shelley Yes Commissioner Marc Narotsky Yes Commissioner Denise Landman Yes Vice Mayor Enbar Cohen Yes Mayor Enid Weisman Yes PASSED AND ADOPTED this 6th day of October, 2015. City of Aventura Resolution No. 2015-58 Page 9 E WEISMAN, MAYOR :` *'-41;1*--* ATTEST: ELLISA L. HORVAT MC CITY CLERK APPROVED AS TO LEGAL SUFFI NCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this LP day of Oe-/- , 2015. CITY CLERK (-31 City of Aventura Resolution No. 2015-58 Page 10 EXHIBIT "A" Legal Description of Property A portion of Tracts "A-10", "B-10", "C-10" and "D-10", AVENTURA 10TH ADDITION, according to the plat thereof as recorded in Plat Book 136 at Page 92, and a portion of Tract U, FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB, according to the plat thereof as recorded in Plat Book 99, Page 20, both of the Public Records of Miami-Dade County, Florida. Begin at the Southwest corner of said Tract B-10, thence S 02°40'32" E along the West line of said Tracts C-10 and Tract U for 66.99 feet to a point of curvature; thence Southeasterly along said West line of Tract U, also being a 4,510.66 foot radius curve leading to the left through a central angle of 0°10'01" for an arc distance of 13.14 feet; thence N 87°20'20" E for 17.99 feet to a point of curvature; thence Northeasterly and Southeasterly along a 15.00 foot radius curve leading to the right through a central angle of 90°00'00" for an arc distance of 23.56 feet to a point of tangency; thence S 02°39'40" E for 6.48 feet; thence S 47°39'40" E for 26.09 feet; thence N 87°20'23" E for 138.29 feet; thence N 42°20'20" E for 2.49 feet; thence N 87°20'20" E for 23.77 feet; thence S 02°39'40" E for 15.79 feet; thence N 87°20'20" E for 26.83 feet; thence N 02°39'40" W for 100.00 feet; thence S 87°20'20" W for 1.67 feet; thence N 02°39'40" W for 26.70 feet; thence N 87°20'20" E for 3.66 feet; thence N 42°20'20" E for 23.73 feet; thence N 02°39'40" W for 3.16 feet; thence N 87°20'20" E for 66.01 feet; thence S 02°39'40" E for 5.67 feet; thence N 87°20'20" E for 12.38 feet; thence S 02°39'40" E for 3.83 feet; thence N 87°20'20" E for 52.75 feet; thence N 02°39'40" W for 3.83 feet; thence N 87°20'20" E for 12.38 feet; thence N 02°39'40" W for 3.50 feet; thence N 87°20'20" E for 59.00 feet; thence N 02°39'40" W for 5.08 feet; thence N 87°20'20" E for 12.23 feet; thence N 42°20'20" E for 36.63 feet; thence N 02°39'40" W for 12.23 feet; thence N 87°20'20" E for 5.08 feet; thence N 02°39'40" W for 55.00 feet; thence N 87°20'20" E for 2.67 feet; thence N 02°39'40" W for 52.75 feet; thence S 87°20'20" W for 2.67 feet; thence N 02°39'40" W for 37.22 feet; thence N 87°20'20" E for 25.34 feet; thence N 02°39'40" W for 26.76 feet, the following seven (7) courses being along the exterior boundary of said Tract B-10; 1) thence N 87°26'44" E for 70.58 feet; 2) thence S 39°21'51" E for 127.31 feet; 3) thence N 50°38'09" E for 124.00 feet; 4) thence N 39°21'51" W for 216.00 feet; 5) thence N 50°38'09" E for 165.00 feet; 6) thence N 01°47'41" W for 197.46 feet to a point of curvature; 7) thence Northwesterly along a 400.00 foot radius curve leading to the left through a central angle of 32°03'59" for an arc distance of 223.87 feet to a non-tangent point; thence N 48°35'47" E for 7.26 feet; thence N 41°24'13" W for 68.44 feet; thence S 48°35'47" W for 4.11 feet to a point on a circular curve concave to the Southwest and whose radius point bears S 46°18'49" W; thence Northwesterly along said exterior boundary of Tract B-10, also being a 400.00 foot radius curve leading to the left through a central angle of 7°44'12" for an arc distance of 54.01 feet to a non-tangent point; thence S 57°28'02" W for 83.28 feet; thence N 41°22'59" W for 87.08 feet to a point on a circular curve concave to the Southwest and whose radius point bears S 87°53'15" W; thence Northwesterly along a 42.87 foot radius curve leading to the left through a central angle of 78°32'28" for an arc distance of 58.77 feet to a non-tangent point; thence N 41°22'59" W for 27.03 feet; thence S 48°35'33" W for 10.09 feet; thence N 41°27'47" W for 28.74 feet; thence S 48°38'02" W for 23.57 feet; thence N 41°11'14" W for 31.03 feet; thence N 87°02'24" W for 13.93 feet; thence S 48°32'04" W for 79.44 feet: thence S 06°10'31" W for 6.23 feet; thence S 72°05'05" W for 26.41 feet to a point on a circular curve concave to the Northwest and whose radius point bears S 77°22'35" W; thence Southeasterly, Southwesterly and Northwesterly along a 77.86 foot radius curve leading to the right through a central angle of 178°55'58" for an arc distance of 243.15 feet to a non-tangent point; thence S 87°31'08" W for 28.18 feet; thence N 40°50'17" W for 36.67 feet; thence S 87°22'02" W for 27.30 feet; thence S 42°22'03" W for 16.97 feet; thence S 02°37'55" E for 47.13 feet; thence S 88°11'26" W for 61.57 feet; thence S 02°40'32" E along said West line of Tract A-10 and Tract B-10, also being the East right of way line of West Country Club Drive for 969.64 feet to the Point of Beginning.