11-17-2016 AVE City Manager
City Commission f�T Eric M. Soroka, ICMA-CM
Enid Weisman, Mayor �' __ e-
Marc Narotsky,Vice Mayor ` == == City Clerk
Denise Landman,Commissioner * * Ellisa L.Horvath,MMC
Dr.Linda Marks,Commissioner �-�_ I—_
Gladys Mezrahi,Commissioner
y City Attorney
Robert Shelley,Commissioner J FLGC Weiss Serota Hellman
Howard Weinberg,Commissioner " Cole&Bierman
C cry 4/ � G�
CITY COMMISSION MEETING AGENDA
NOVEMBER 17, 2016
10:00 a.m.
Aventura Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. 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. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED
TRIPARTITE TRANSPORTATION CONTRIBUTION AGREEMENT BETWEEN
THE CITY OF AVENTURA, AVENTURA MALL VENTURE, TB CARPENTER
PARCEL,LLC,AND SERITAGE SRC FINANCE,LLC; AUTHORIZING THE CITY
MANAGER TO TAKE ALL NECESSARY ACTION TO CARRY OUT THE AIMS OF
THIS RESOLUTION;AND PROVIDING FOR AN EFFECTIVE DATE.
B. A MOTION TO GRANT THE REQUEST OF GULFSTREAM PARK RACING
ASSOCIATION, INC. FOR EXTENSION OF THE APPROVALS GRANTED
THROUGH RESOLUTION NO. 2006-62 FOR PROPERTY LOCATED ON THE
NORTH SIDE OF NE 213 STREET BETWEEN BISCAYNE BOULEVARD AND NE
34 AVENUE, CITY OF AVENTURA, FOR A PERIOD OF 60 DAYS AS
RECOMMENDED BY THE CITY MANAGER.
3. ORDINANCE-SECOND READING/PUBLIC HEARING:
AN ORDINANCE OF THE CITY OF AVENTURA,FLORIDA AMENDING SECTION
31-144"BUSINESS ZONING DISTRICTS"OF THE CITY'S LAND DEVELOPMENT
REGULATIONS BY AMENDING SECTION 31-144(C)(5)A., COMMUNITY
BUSINESS (B2) DISTRICT TO ALLOW INCREASED LOT COVERAGE FOR
SHOPPING CENTERS WITH MORE THAN 1,000,000 SQUARE FEET OF GROSS
LEASABLE AREA, WITH HEIGHT NOT GREATER THAN FIVE STORIES AND
THAT ENTER INTO AN AGREEMENT WITH THE CITY TO PROVIDE MAJOR
TRANSPORTATION IMPROVEMENTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE
DATE.
AVENTURA CITY COMMISSION MEETING AGENDA
NOVEMER 17,2016
PAGE 2 OF 2
4. ADJOURNMENT
FUTURE MEETINGS*
COMMISSION MEETING—JANUARY 10,2017 AT 6 PM
COMMISSION CHAMBER
COMMISSION WORKSHOP—JANUARY 18,2017 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.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORAN• M
TO: City Commission
FROM: Eric M. Soroka, ICMA-C 4/ ity Man-;er
DATE: November 4, 2016
SUBJECT: Resolution Authorizing Tripartite Transportation Contribution
Agreement Between City, Aventura Mall and Seritage
November 17, 2016 City Commission Meeting Agenda Item ePA-
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
the execution of the Tripartite Transportation Contribution Agreement between the City,
Aventura Mall and Seritage.
BACKGROUND
The amendment to Section 31-144(c)(5)a.4 of the Community Business (B2) District of
the Land Development Regulations provides for an increase in lot coverage by an
amount up to 3%, to a maximum of 48% of the total lot area, for parcels that contain
more than 1,000,000 square feet of gross leasable area provided the owner(s) enter
into an agreement with the City to provide major transportation improvements that are
recommended by the City Manager and that may include linkage to railway passenger
service and / or other linkage to a regional transportation facility.
Attached is the Agreement with Aventura Mall and Seritage that provides for a $4 million
dollar contribution for the recommended transportation improvements. The highlights of
the Agreement are as follows:
1. Aventura Mall and Seritage will contribute $2 million dollars each toward the
project.
2. The funding commitments shall be secured by a security bond, escrow deposits
or letter of credit. The enhanced lot coverage authorized by the Ordinance shall
not be available until the funding commitment is secured which is due on January
6, 2017.
Memo to City Commission
Page 2
3. In the event the City Commission determines that the passenger railway facility
will not occur, the funds provided may be used by the City for another
transportation and enhanced mobility project which serves the public and also
has a nexus to and benefit for commerce at Aventura Mall and Seritage
properties.
4. In the event the transportation project is not accomplished, the City shall have no
liability to the Aventura Mall and Seritage. If the City determines not to complete
the approved transportation project, any unexpended funds shall be released to
Aventura Mall and Seritage.
5. The Agreement provides for increased lot coverage at 48% of the total lot area of
the combined Aventura Mall and Seritage properties.
6. The Aventura Mall and Seritage have allocated the authorized 48% lot coverage
in accordance with a Memorandum of Understanding as follows:
• 214,393 square feet is allocated to Seritage.
• 1,833,833.20 square feet is allocated to Aventura Mall.
The Agreement has been reviewed by the City Attorney.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CCO1957-16
RESOLUTION NO. 2016-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED TRIPARTITE
TRANSPORTATION CONTRIBUTION AGREEMENT
BETWEEN THE CITY OF AVENTURA, AVENTURA MALL
VENTURE, TB CARPENTER PARCEL, LLC, AND
SERITAGE SRC FINANCE, LLC; AUTHORIZING THE
CITY MANAGER TO TAKE ALL NECESSARY ACTION TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Tripartite Transportation Contribution Agreement between the City of Aventura,
Aventura Mall Venture, TB Carpenter Parcel, LLC, and Seritage SRC Finance, LLC.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution and the Agreement.
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 Denise Landman
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Marc Narotsky
Mayor Enid Weisman
City of Aventura Resolution No. 2016-
PASSED AND ADOPTED this 17th day of November, 2016.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
TRIPARTITE TRANSPORTATION CONTRIBUTION AGREEMENT
CITY OF AVENTURA / AVENTURA MALL/ SERITAGE
THIS AGREEMENT, effective this day of , 2016, is
made and entered into by and between:
THE CITY OF AVENTURA, a Florida municipal corporation, at 19200 W.
Country Club Drive, Aventura, Florida 33180, hereinafter referred to as "CITY";
and
AVENTURA MALL VENTURE, a Florida whose
address is c/o Turnberry Associates, 19950 West Country Club Drive, 10th Floor,
Aventura, Florida, 33180, hereinafter referred to as "AMV"; TB CARPENTER
PARCEL, LLC, a Florida limited liability company, whose address is 19501
Biscayne Boulevard, Suite 400, 33180, hereinafter referred to as "TB
CARPENTER";
and
SERITAGE SRC FINANCE, LLC, a limited liability Company which is
authorized to do business in Florida, whose address is c/o Seritage Growth
Properties, 489 Fifth Avenue, 18th Floor, New York, NY 10017, hereinafter referred
to as "SERITAGE".
WITNESSETH:
WHEREAS, AMV is the owner of that certain property known as the
Aventura Mall within the City of Aventura, which is presently undergoing
renovation and improvement, and which property is more particularly described in
Exhibit "A", attached hereto and made a part hereof; and
WHEREAS, TB CARPENTER is the owner of the Carpenter Parcel, more
particularly described in Exhibit "B", attached hereto and made part hereof, which
property is adjacent to and has been historically considered as a portion of the
Aventura Mall complex; and
WHEREAS, the Aventura Mall property described on Exhibit "A" and the
Carpenter Parcel described on Exhibit "B" are hereinafter referred to as the "AMY
Property"; and
WHEREAS, SERITAGE is the owner of a parcel of land, as described in
Exhibit "C", attached hereto and made a part hereof(the "SERITAGE Property"),
which is adjacent to and was historically developed as a portion of the Aventura Mall
complex, and is presently proposed to be redeveloped by SERITAGE (more
specifically through Applications 02-SP-15 and 02-SP-15(l)); and
WHEREAS, at the request of AMV and SERITAGE, the City Commission
has amended on the date hereof the City's Land Development Code in accordance
with City Ordinance No. 2016- , (the "Ordinance") a copy of which is
attached hereto as Exhibit "D", in order to enable the AMV Property and the
SERITAGE Property to collectively benefit from an enhanced lot coverage of up to
48% (in the aggregate, on the combined AMV and SERITAGE Properties) as
specified in the Ordinance; and
WHEREAS, in accordance with the Ordinance, AMV and SERITAGE are
herein irrevocably committing to contribute funds to the CITY for the CITY to use
to fund major transportation improvements,which may consist of a pedestrian bridge
from the Aventura Mall to a proposed passenger service Railway Station proposed
to be established by other private and governmental entities on the west side of
Biscayne Boulevard across from the Aventura Mall complex or for other
transportation and mobility improvement projects which are approved by CITY, (the
"Project"), which Project shall constitute a nexus between the Aventura Mall and
enhanced regional transportation and mobility; and
WHEREAS, it is estimated at present by the CITY that the cost of designing
and constructing the Project will be Four (4) Million Dollars (the "Project Cost").
NOW, THEREFORE, in consideration of the mutual covenants and
undertakings of the CITY, AMV, TB CARPENTER, AND SERITAGE, and
other good and valuable consideration, the parties covenant and agree as
follows:
1. Recitals.
The foregoing recitals are true and correct and are incorporated herein by this
reference.
2
2. Payment of Project Contribution.
A. (i) Based on its 50% share of the Project funding responsibility, which
is hereby accepted and agreed to, AMV shall contribute and pay to the
CITY, funds in the amount of Two (2) Million Dollars of the Four (4)
Million Dollar Project Cost.
(ii) Based upon its 50 % share of the Project funding responsibility,
which is hereby accepted and agreed to, SERITAGE shall contribute
and pay to the CITY, funds in the amount of Two (2) Million Dollars
of the Four (4) Million Dollar Project Cost.
B. The funding commitments of AMV and SERITAGE, which are
described in paragraph (A) above, shall be secured by a surety bonds,
escrow deposits or Letters of Credit, as approved in writing by the City
Manager and City Attorney, and shall conform to the requirements of
this Agreement. The enhanced lot coverage authorized by the
Ordinance shall not be available until the required surety bonds, escrow
deposits or Letters of Credit, which are due on January 6, 2017
(provided that no appeals of, or challenges to the Ordinance have been
filed), are provided by AMV and SERITAGE, and are approved in
writing by the City Manager and City Attorney.
C. In the event that the CITY Commission determines that the passenger
Railway facility which is envisioned by the parties will not be
successfully or timely accomplished, the funds provided by AMV and
SERITAGE may be used by the CITY for another transportation and
enhanced mobility project which serves the public and also has a nexus
to and benefit for commerce at the AMV and SERITAGE Properties,
as determined by the CITY Manager with approval from the CITY
Commission after receipt of input from AMV and SERITAGE. AMV
and SERITAGE recognize and agree that CITY shall not have any
liability to AMV or SERITAGE in the event that, for whatever reason,
the Project (s) is not accomplished. If the CITY determines not to
complete the Project(s), any unexpended AMV and SERITAGE
funding commitments shall be released to AMV and SERITAGE,
respectively.
3. Agreement Concerning Lot Coverage and Lot Coverage Allocation.
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A. The CITY agrees that the maximum lot coverage for the combined
SERITAGE Property and AMV Property shall be increased to 48% of
the total lot area of the combined SERITAGE Property and AMV
Property.
B. AMV and SERITAGE have allocated the authorized 48% lot coverage
for the combined AMV Property and SERITAGE Property, between
the AMV Property and the SERITAGE Property, in accordance with
the percentage allocations established in the Memorandum of
Understanding Regarding Allocation of Lot Coverage, dated November
_, 2016, executed between SERITAGE, AMV, and TB
CARPENTER, which shall be recorded in the Public Records of
Miami-Dade County, a copy of which is attached hereto as Exhibit"E,"
and incorporated by reference herein. The CITY agrees to be bound by
the Memorandum of Understanding Regarding Allocation of Lot
Coverage.
C. The CITY agrees that SERITAGE's planned development project
consisting of Phase I and Phase II and commonly known as "The
Esplanade" complies with the 40% lot coverage allocated to the
SERITAGE Property. AMV agrees not to challenge such
determination.
4. Term.
The term of this Agreement shall commence upon execution of this
Agreement and it shall terminate when all of the Project Cost contributions described
in Section 2 above have been paid to and expended by CITY in accordance with this
Agreement. Notwithstanding the immediately preceding sentence, the agreements
and understandings set forth in Section 3 above and the right of pedestrian access
from the Railway Station to and from the Aventura Mall, shall survive the
termination of this Agreement.
5. Remedies.
(i.) In the event of AMY'S default under this Agreement, CITY shall be
entitled to any and all remedies under Florida law and, in addition, shall
have the right to stop issuing development permits on the AMV
4
Property, including, but not limited to, building permits and certificates
of completion.
(ii.) In the event of SERITAGE's default under this Agreement, CITY shall
be entitled to any and all remedies under Florida law and, in addition,
shall have the right to stop issuing development permits on the
SERITAGE Property, including, but not limited to, building permits
and certificates of completion.
(iii.) In the event CITY defaults under this Agreement, AMV, TB
CARPENTER and SERITAGE, as applicable, shall have all remedies
under Florida law, except as otherwise provided herein.
6. Attorney's Fees.
In the event of any litigation between the parties arising from this Agreement,
the prevailing party shall be entitled to reasonable attorney's fees and costs including
the fees for paralegal services and including all appellate levels.
7. Recording.
This Agreement shall be recorded in the public records of Miami-Dade
County, Florida and shall be binding upon and benefit the parties and their
successors and assigns in interest and title.
8. Joinder.
Any existing mortgagee of the Property described in Exhibits "A", "B", and "C"
shall agree and consent to the terms of this Agreement by an attached joinder which
is approved by CITY.
9. Entire Agreement.
This Agreement, and any exhibits annexed hereto, constitute the entire
agreement and understanding of all parties to this Agreement with respect to the
subject matter of this Agreement, and supersedes all prior discussions,
correspondence, oral and written agreements, commitments or understandings,
restrictions, representations or warranties among the parties to the Agreement
concerning the subject matter of this Agreement other than those set forth herein or
herein provided for.
5
10. Notice.
The notices sent to any person pursuant to this Agreement shall be in writing
and transmitted by messenger, certified mail, return receipt requested, facsimile or
telegram, and shall be mailed or delivered as follows:
As to CITY: Mr. Eric M. Soroka
City Manager
City of Aventura
19200 W. Country Club Drive
Aventura, FL 33180
Telephone: (305) 466-8910
Facsimile: (305) 466-8919
With a Copy to: City Attorney
Weiss Serota Helfman Cole & Bierman, P.L.
200 East Broward Boulevard, Suite 1900
Fort Lauderdale, FL 33301
Telephone: (954) 763-4242
Facsimile: (954) 764-7770
As to AMV: Aventura Mall Venture,
c/o Turnberry Associates
19950 W. Country Club Drive, 10th Floor
Aventura, Florida 33180
Attn.: Cara-Jenna Kronengold, Esq.
SVP General Counsel, Real Estate and Capital
Markets
Telephone: (305) 682-4234
Facsimile: (305) 682-4235
With a Copy to: Bercow Radell &Fernandez, PLLC
200 S. Biscayne Boulevard
Suite 850
Miami, FL 33131
Attn.: Jeffrey Bercow, Esq.
Telephone: (305) 377-6220
If to TB Carpenter: TB Carpenter Parcel, LLCc/o Turnberry Associates
6
19950 West Country Club Drive, 10th Floor
Aventura, FL 33180
Attn.: Cara-Jenna Kronengold, Esq.
SVP General Counsel, Real Estate and Capital
Markets
Telephone: (305) 682-4234
Facsimile: (305) 682-4235
With a copy to: Jeffrey Bercow, Esq.
Bercow, Radell & Fernandez, PLLC
Southeast Financial Center
200 South Biscayne Blvd.
Suite 850
Miami, FL 33131
AS to SERITAGE: Seritage SRC Finance, LLC
c/o Seritage Growth Properties
Attn: Matthew Fernand, General Counsel
489 Fifth Avenue, 18th Floor
New York, NY 10017
Telephone: (212)-355-7800
With a Copy to: Shubin & Bass, P.A.
46 S.W. 151 Street, Third Floor
Miami, Florida 33130
Telephone: (305) 381-6060
Any of the foregoing parties may, by Notice in writing given to the other,
designate any further or different addresses to which subsequent notices, certificates
or other communications shall be sent. Any notice shall be deemed given on the date
such notice is delivered by hand or facsimile transmission or three days after the date
mailed.
11. Bindin¢ Agreement.
This Agreement shall be a covenant running with the land and shall be binding
and inure to the benefit of each of the parties, and their successors and assigns.
12. Applicable Law_
This Agreement shall be governed by and construed in accordance with the
laws of the State of Florida, as an Agreement made, and entered into, and to be
performed in Miami- Dade County, Florida.
13. Jurisdiction & Venue.
The Parties to this Agreement expressly consent to the jurisdiction of and
agree to suit in any court of general jurisdiction in Miami- Dade County Florida,
whether state or federal, and further agree that venue shall lie exclusively in Miami-
Dade County, Florida.
14. Amendments & Waivers.
No amendment, supplement, modifications or waiver of this Agreement shall
be binding unless executed in writing by all of the parties hereto. No waiver of any
of these provisions of this Agreement shall be deemed or shall constitute a waiver
of any other provision of this Agreement, whether or not similar, unless otherwise
expressly provided. The City Manager shall act for CITY hereunder.
15. Assignment.
Neither AMV, TB CARPENTER, nor SERITAGE shall assign its obligations
hereunder without the prior written consent of CITY, which consent shall not be
unreasonably withheld. Should CITY agree to such assignment, the assignment
shall not be valid unless and until a fully executed Agreement is entered into between
the CITY and assignee.
16. Effective Date.
This Agreement shall become effective upon adoption of the Ordinance on
second reading.
[Balance of Page Intentionally Left Blank— Signature Page(s) to Follow]
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IN WITNESS WHEREOF the parties hereto have made and executed this
Agreement on the respective dates under each signature: THE CITY OF
AVENTURA, through its City Commission, signing by and though the City
Manager, duly authorized to execute this Agreement pursuant to City Commission
Action on 2016 and AMV, TB CARPENTER and SERITAGE each
signing by and though their duly authorized officers.
CITY OF AVENTURA,
a Florida municipal corporation
Attest:
By:
Ellisa M. Horvath, City Clerk, MMC Eric M. Soroka, City Manager
(seal) Dated: day of , 2016
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY FOR THE USE OF AND
RELIANCE BY THE CITY OF AVENTURA
ONLY:
By
City Attorney
Weiss Serota Helfinan
Cole & Berman, P.L.
9
AVENTURA MALL VENTURE,
a Florida general Partnership
Witnesses: By: SDG AVENTURA LIMITED
PARTNERSHIP, a Delaware limited
Witness: partnership, general partner
By: SDG PROPERTIES VIII, INC., a
Delaware corporation, its managing
Print Name: general partners
By:
James M. Barkley,
Witness: Secretary and General Counsel
Dated: day of , 2016
Print Name:
STATE OF FLORIDA )
ss: )
COUNTY OF MIAMI-DADE )
I HEREBY CERTIFY that on this day before me, an office duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgments, the
foregoing instrument was acknowledged before me by James M. Barkley, the
Secretary and General Counsel of SDG Properties VIII, Inc., who is
personally known to me, or who has produced , as
identification.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2016.
Notary Seal Notary Public, State of Florida
Print Name:
My Commission Expires:
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AVENTURA MALL VENTURE,
a Florida general Partnership
Witnesses: By: TURNBERRY AVENTURA MALL
COMPANY, LTD., a Florida limited
Witness: partnership, general partner
By: TAMCO, INC., a Florida corporation,
its managing general partner
Print Name:
By:
Jacquelyn Soffer,
President
Witness:
Dated: day of , 2016
Print Name:
STATE OF FLORIDA )
ss: )
COUNTY OF MIAMI-DADE )
I HEREBY CERTIFY that on this day before me, an office duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgments, the
foregoing instrument was acknowledged before me by Jacquelyn Soffer, the
President of TAMCO, Inc., who is personally known to me, or who has
produced , as identification.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2016.
Notary Seal Notary Public, State of Florida
Print Name:
11
My Commission Expires:
12
TB CARPENTER PARCEL, LLC,
Witnesses: a Florida limited liability company
Witness: By:
Name:
Print Name:
Title:
Witness: Dated: day of , 2016
Print Name:
STATE OF FLORIDA )
ss: )
COUNTY OF MIAMI-DADE )
I HEREBY CERTIFY that on this day before me, an office duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgments, the
foregoing instrument was acknowledged before me by
, the of TB
Carpenter Parcel, LLC, who is
personally known to me, or who has produced , as
identification.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2016.
Notary Seal
Notary Public, State of Florida
Print Name:
My Commission Expires:
13
14
SERITAGE SRC FINANCE LLC,
a Delaware limited liability company
Witnesses: By:
Benjamin Schall,
Witness: President and CEO
Dated: day of , 2016
Print Name:
Witness:
Print Name:
STATE OF _ )
ss: )
COUNTY OF )
I HEREBY CERTIFY that on this day before me, an office duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgments, the
foregoing instrument was acknowledged before me by Benjamin Schall, the
President and CEO of Seritage SRC Finance, LLC, who is personally known
to me, or who has produced , as identification.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2016.
Notary Seal
Notary Public, State of
Print Name:
My Commission Expires:
15
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SCHEDULE OF EXHIBITS
Exhibit A: Legal Description of Aventura Mall Venture Property.
Exhibit B: Legal Description Carpenter Parcel
Exhibit C: Legal Description Seritage Property
Exhibit D: City Ordinance
Exhibit E: Memorandum of Understanding Regarding Allocation of Lot Coverage
17
EXHIBIT "A"
LEGAL DESCRIPTION OF AVENTURA MALL VENTURE PROPERTY
18
EXHIBIT "B"
LEGAL DESCRIPTION OF CARPENTER PARCEL
19
EXHIBIT "C"
LEGAL DESCRIPTION OF SERITAGE PROPERTY
20
EXHIBIT "D"
CITY ORDINANCE
21
EXHIBIT "E"
MEMORANDUM OF UNDERSTANDING
REGARDING ALLOCATION OF LOT COVERAGE
22
This document prepared by:
Michael 1.Marrero,Esq.
Bercow Radell&Fernandez,PLLC
200 S.Biscayne Blvd,Suite 850
Miami,Florida 33131
(Above for Recorder's Use Only)
MEMORANDUM OF UNDERSTANDING
REGARDING ALLOCATION OF LOT COVERAGE
THIS MEMORANDUM OF UNDERSTANDING (this "Memorandum"), is
executed this day of , 2016, by and between Aventura Mall Venture
("AMV"), a Florida general partnership, Seritage SRC Finance, LLC ("Seritage"), a
Delaware limited liability company, and TB CARPENTER PARCEL, LLC, a
Florida limited liability company, ("TB CARPENTER") (collectively, the
"Parties").
WHEREAS, AMV is the owner and developer of the Aventura Mall located
in Aventura, Florida and identified by Miami-Dade County Folio Nos. 28-2203-038-
0070, 28-2203-038-0010, 28-2203-038-0100, 28-2203-038-0035, 28-2203-038-
0030, 28-2203-038-0071, and 28-2203-038-0072 and TB Carpenter Parcel, LLC is
the owner of property associated with the Aventura Mall and identified by Miami-
Dade County Folio No. 28-2203-038-0075, together all of these properties shall
hereinafter be referred to as the "Mall Property" (a legal description of the Mall
Property is attached hereto as Exhibit A and is incorporated herein by reference);
WHEREAS, Seritage is the owner and developer of the property currently
improved with a Sears department store, immediately abutting the Aventura Mall,
and identified by Miami-Dade County Folio No. 28-2203-038-0020, which shall
hereinafter be referred to as the "Seritage Property" (a legal description of the
Seritage Property is attached hereto as Exhibit B and is incorporated herein by
reference);
1
WHEREAS, the total lot area of the Mall Property is 3,731,154 square feet,
the total lot area of the Seritage Property is 535,984 square feet, resulting in an
overall total combined lot area of 4,267,138 square feet;
WHEREAS, on July 7, 1982 Biscayne Associates of Pittsburgh executed a
restrictive covenant prior to the development of the Mall Property, recorded in
Official Records Book 11508 at page 1608, that generally governed the joint
development of the Mall Property and Seritage Property, which the City uses for
zoning calculations, and which provides that the Mall Property and the Seritage
Property shall be governed by one unified site plan;
WHEREAS, the Parties entered into an Easement and Operating Agreement
("EOA") on September 24, 1982, recorded in Official Records Book 11574 at page
2311, in the Public Records of Miami-Dade County, encumbering the Mall Property
and the Seritage Property;
WHEREAS, the Parties are entering into this Memorandum Regarding
Allocation of Lot Coverage because the City of Aventura, in connection with its
planning and zoning review of the Parties' respective development applications, has
taken the position that the properties are treated as combined for purposes of
calculating lot coverage;
WHEREAS, the City of Aventura adopted an amendment to Section 31-
144(c)(5)a.4. of its land development regulations, applicable to properties improved
with shopping center buildings with more than 1,000,000 s.f. of gross leasable area,
which would increase the maximum lot coverage to 48% for any such properties if
the parcel owner(s) enter into an agreement with the City to provide major
transportation improvements recommended by the City Manager, which may
include linkage to railway passenger service or a regional transportation facility (the
"Lot Coverage Ordinance").
NOW THEREFORE, in consideration of the foregoing, the Parties agree as
follows:
1. The foregoing recitals are true and correct and expressly incorporated
herein.
2. Allocation of Lot Coverage. AMV and Seritage agree to the following:
2
a. The City reviews the Mall Property and Seritage Property as one
zoning parcel and the separate allocations are made in this
paragraph for ease in calculation only.
b. The maximum lot coverage for the Mall Property and Seritage
Property as one combined parcel is 48%, or 2,048,226 square
feet.
c. The lot coverage for the Seritage Property, considered on its own,
shall not exceed 214,393 square feet, which is 40% of the total
lot area of the Seritage Property.
d. The remaining lot coverage for the total lot area of the combined
Mall and Seritage Properties, or 1,833,833 square feet, shall be
available for the sole use of the Mall Property.
3. Term of Allocation. The Allocation shall be binding on the Parties for
a period of thirty (30) years from the date of execution, after which time it shall be
extended automatically for successive periods of ten (10) years, unless otherwise
agreed to in writing by the Parties.
4. Notices. Any notices to be given to the parties shall be given to the
following persons at the addresses indicated:
If to AMV to:
Aventura Mall Venture
c/o Turnberry Associates
19950 West Country Club Drive
10th Floor
Aventura, FL 33180
Attn: Cara-Jenna Kronengold, Esq.
With a copy to:
Jeffrey Bercow, Esq.
Bercow, Radell & Fernandez, PLLC
Southeast Financial Center
200 South Biscayne Blvd.
Suite 850
3
Miami, FL 33131
If to Seritage to:
Seritage SRC Finance LLC
c/o Seritage Growth Properties
Matthew Fernand, Esq.
Executive Vice President & General Counsel
489 Fifth Avenue, 18th Floor
New York, New York 10017
With a copy to:
John Shubin, Esq.
Shubin & Bass, P.A.
46 SW 1St Street
Third Floor
Miami, FL 33130
If to TB Carpenter:
TB Carpenter Parcel, LLC
c/o Turnberry Associates
19950 West Country Club Drive
10`h Floor
Aventura, FL 33180
Attn: Cara-Jenna Kronengold, Esq.
With a copy to:
Jeffrey Bercow, Esq.
Bercow, Radell & Fernandez, PLLC
Southeast Financial Center
200 South Biscayne Blvd.
Suite 850
Miami, FL 33131
5. Limited Effect On BOA. This Memorandum solely pertains to the
allocation of lot coverage between the parties and does not address any other matters
4
between the Parties. Nothing set forth in this Memorandum shall modify, revise, or
otherwise impact the terms and conditions of the EOA.
6. Recording. This Memorandum has been executed to give notice of the
Allocation of lot coverage between the Mall Property and the Seritage Property, and
to bind the parties and their successors and assigns accordingly, and shall be
recorded among the Public Records of Miami-Dade County, Florida. The
restrictions set forth in this Memorandum are intended to be and shall be construed
as covenants running with the land, binding upon, inuring to the benefit of and
enforceable by AMV and Seritage and all subsequent owners of the Mall Property
and the Seritage Property.
[Balance of Page Intentionally Left Blank— Signature Page(s) to Follow]
5
IN WITNESS WHEREOF, the Parties hereto have caused this
Memorandum of Understanding to be executed as required by law on the day and
year first written above.
Signed, sealed and delivered in the presence of:
AVENTURA MALL VENTURE,
a Florida general Partnership
Witnesses: By: SDG AVENTURA LIMITED
PARTNERSHIP, a Delaware limited
Witness: partnership, general partner
By: SDG PROPERTIES VIII, INC., a
Delaware corporation, its managing
Print Name: general partners
By:
James M. Barkley,
Witness: Secretary and General Counsel
Dated: day of , 2016
Print Name:
STATE OF FLORIDA )
ss: )
COUNTY OF MIAMI-DADE )
I HEREBY CERTIFY that on this day before me, an office duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgments, the
foregoing instrument was acknowledged before me by James M. Barkley, the
Secretary and General Counsel of SDG Properties VIII, Inc., who is
personally known to me, or who has produced , as
identification.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2016.
6
Notary Seal Notary Public, State of Florida
Print Name:
My Commission Expires:
AVENTURA MALL VENTURE,
a Florida general Partnership
Witnesses: By: TURNBERRY AVENTURA MALL
COMPANY, LTD., a Florida limited
Witness: partnership, general partner
By: TAMCO, INC., a Florida corporation,
its managing general partner
Print Name:
By:
Jacquelyn Soffer,
President
Witness:
Dated: day of , 2016
Print Name:
STATE OF FLORIDA )
ss: )
COUNTY OF MIAMI-DADE )
I HEREBY CERTIFY that on this day before me, an office duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgments, the
foregoing instrument was acknowledged before me by Jacquelyn Soffer, the
President of TAMCO, Inc., who is personally known to me, or who has
produced , as identification.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2016.
7
Notary Seal Notary Public, State of Florida
Print Name:
My Commission Expires:
8
TB CARPENTER PARCEL, LLC,
Witnesses: a Florida limited liability company
Witness: By:
Name:
Print Name:
Title:
Witness: Dated: day of , 2016
Print Name:
STATE OF FLORIDA )
ss: )
COUNTY OF MIAMI-DADE )
I HEREBY CERTIFY that on this day before me, an office duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgments, the
foregoing instrument was acknowledged before me by
, the of TB
Carpenter Parcel, LLC, who is
personally known to me, or who has produced , as
identification.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2016.
Notary Seal
Notary Public, State of Florida
Print Name:
My Commission Expires:
9
10
SERITAGE SRC FINANCE LLC,
a Delaware limited liability company
Witnesses: By:
Benjamin Schall,
Witness: President and CEO
Dated: day of , 2016
Print Name:
Witness:
Print Name:
STATE OF )
ss: )
COUNTY OF )
I HEREBY CERTIFY that on this day before me, an office duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgments, the
foregoing instrument was acknowledged before me by Benjamin Schall, the
President and CEO of Seritage SRC Finance, LLC, who is personally known
to me, or who has produced , as identification.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2016.
Notary Seal
Notary Public, State of
Print Name:
My Commission Expires:
11
12
SCHEDULE OF EXHIBITS
Exhibit A: Legal Description of the Mall Property.
Exhibit B: Legal Description of the Seritage Property.
13
EXHIBIT A
LEGAL DESCRIPTION OF THE MALL PROPERTY
14
EXHIBIT B
LEGAL DESCRIPTION OF THE SERITAGE PROPERTY
15
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, IC
A-C
City Manager
BY: Joanne Carr, AIC
Community Develop t irector
DATE: November 17, 2016
SUBJECT: Request of Gulfstream Park Racing Association Inc. for extension of the
approvals granted through Resolution No. 2006-62 for property located on
the north side of NE 213 Street between Biscayne Boulevard and NE 34
Avenue, City of Aventura (02-CU-06 EXT)
November 17, 2016 City Commission Meeting Agenda Item
RECOMMENDATION
Staff recommends that the City Commission, by motion, grant conditional use approval
extension for sixty (60) days from November 12, 2016 to January 12, 2017 to allow the
applicant and the City to finalize the conditions for renewing the extension as discussed
at the October 2016 workshop meeting.
THE REQUEST
On June 1, 2016, the applicant, Gulfstream Racing Association Inc., requested a six (6)
month extension of the conditional use approvals granted through Resolution No. 2006-
62 passed on October 3, 2006. At its meeting of July 12, 2016, the City Commission
tabled the extension request for sixty (60) days to facilitate ongoing discussions
between the applicant and the City Manager. At its meeting of September 6, 2016, the
City Commission further tabled the extension request for a further sixty (60) days from
September 12, 2016 to November 12, 2016, again to facilitate ongoing discussions
between the applicant and the City Manager.
A tentative agreement has been reached as discussed at the workshop meeting and the
applicant and the City are preparing documentation to implement the points of
agreement.
The development of the balance of the parcel is still being considered by the applicant
and while this consideration is underway, the applicant has requested a six (6) month
extension of the conditional use approval. Section 31-73(e)(2) of the City Code
provides that, upon request by the applicant, the City Commission may, by resolution or
motion, grant one extension of up to six (6) months for good cause shown by the
applicant. Staff is recommending an extension period of sixty (60) days.
2
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, IC
City Manager
BY: Joanne Carr, AICP
Community Development Director
DATE: October 27, 2016
SUBJECT: Application to Amend Section 31-144(c)(5)a.4 of the Land Development
Regulations to add a provision for increased lot coverage for specific uses
(05-LDR-16)
November 1, 2016 Local Planning Agency Agenda Item as
November 1, 2016 City Commission Meeting Agenda Item-T,b
November 17, 2016 City Commission Meeting Agenda Item a
RECOMMENDATION
It is recommended that the City Commission approve the request for an amendment to
Section 31-144(c)(5)a.4 of the Community Business (B2) District of the Land Development
Regulations to add to that section, a provision for an increase in lot coverage by an
amount up to 3 percent, to a maximum of 48% of the total lot area, for parcels that include
one or more shopping center buildings that contain more than 1,000,000 square feet of
gross leasable area and do not exceed five stories in height, if the parcel owner(s) enter
into an agreement with the City to provide major transportation improvements that are
recommended by the City Manager and that may include linkage to railway passenger
service and/or other linkage to a regional transportation facility.
THE REQUEST
The requested increase in lot coverage results from a dispute between the two owners of
the Aventura Mall parcel. Each owner is asserting development rights to its individual
parcel. As a resolution to that dispute, City staff is recommending approval of an
ordinance to allow a lot coverage increase from 45%, up to a maximum of 48% for parcels
that include one or more shopping center buildings containing more than 1,000,000
square feet of gross leasable area and do not exceed five stories in height with the
condition that the owners enter into an agreement with the City to provide major
transportation improvements that are recommended by the City Manager. The
improvements may consist of a link to railway passenger service and/or other linkage to a
regional transportation facility. The agreement must be in a form satisfactory to the City
Manager and City Attorney and will not be effective unless approved by motion or
resolution of the City Commission.
This matter was discussed at the September 15, 2016 City Commission workshop.
BACKGROUND
The overall Aventura Mall site consists of approximately 97.96 acres. Approximately
85.66 acres is owned by Aventura Mall Venture and the remaining 12.30 acres is owned
by Seritage Growth Properties (formerly Sears). The Aventura Mall Venture expansion is
currently under construction. Seritage has applied for administrative site plan approval to
redevelop its site. The two plans combined propose an overall lot coverage of 48%.
Maximum lot coverage currently allowed by Section 31-144(c)(5)a.4 of the City Code is
45%.
DESCRIPTION OF THE PROPOSED AMENDMENT
The proposed amendment to the Community Business (B2) District follows in underlined
text:
"Section 31-144(c). Community Business (B2) District.
c) Community Business (82) District. This district is intended primarily to provide for
general commercial activity for a wide range of goods and services to the entire
community and sub region. Such businesses generally require locations convenient for
both vehicular and pedestrian traffic and would be expected to have orientation toward
and direct access to arterial roadways.
(5) Site development standards.
a. Floor area ratio and lot coverage and minimum landscaped open space
requirements:
4. For parcels that include one or more shopping center buildings, the
maximum lot coverage shall not exceed 45% of the total lot area, provided that
such shopping center buildings contain more than 1,000,000 square feet of gross
leasable area and do not exceed five stories in height and that the shopping center
building provides a centralized multi-modal transportation facility which is enclosed
2
within a parking structure, and which may be used by: City transit providers, County
transit providers, any other governmental entities requesting use of the facility and
private transit providers. The maximum lot coverage may be increased by an
amount up to 3 percent, to a total not exceeding 48% of the total lot area, if the
parcel owner(s) enter into an agreement with the City to provide maior
transportation improvements that are recommended by the City Manager and that
may include linkage to railway passenger service and/or other linkage to a regional
transportation facility. Such agreement shall allocate the additional lot coverage
obtained under this section, shall be in a form satisfactory to the City Manager and
City Attorney, and shall not be effective unless approved by motion or resolution of
the City Commission.
ANALYSIS
Staff provides the following analysis of the request using the standards for reviewing
proposed amendments to the text of the Land Development Regulations contained in
Section 31-77 of the City Code.
1. The proposed amendment is legally required.
The proposed amendment is legally required to implement the requested revision to
the Code.
2. The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan. The business and office land use designation is described in the
Future Land Use Element of the City's Comprehensive Plan. This category provides
that "...the specific range and intensity of uses applicable in a particular Business and
Office property is dependent upon the particular land use, design, urban services,
transportation, environmental and social conditions on and around the subject
property, including consideration of applicable goals, objectives and policies of the
Plan. The Transportation Goal in the Transportation Element of the City's
Comprehensive Plan includes the goal to provide a safe and efficient multimodal
transportation system to serve the needs of the City. This proposed amendment is
consistent with both the language of the Business and Office future land use category
and with the Transportation Goal in that the amendment requires that the parcel
owner(s) enter into an agreement with the City to provide major transportation
improvements that will enhance a safe and efficient transportation system within the
City.
3
3. The proposed amendment is consistent with the authority and purpose of the LDRs.
The proposed amendment is consistent with the authority and purpose of the Land
Development Regulations. The purpose of the LDRs is to implement further the
Comprehensive Plan of the City by establishing regulations, procedures and standards
for review and approval of all development and uses of land and water in the City.
Further, the LDRs are adopted in order to foster and preserve public health, safety and
welfare and to aid in the harmonious, orderly and progressive development and
redevelopment of the City. The proposed amendment is consistent with this purpose.
The proposed amendment will aid in the harmonious, orderly and progressive
redevelopment of the City.
4. The proposed amendment furthers the orderly development of the City.
The proposed amendment furthers the orderly development of the City, for the reasons
provided in Paragraph 3 above.
5. The proposed amendment improves the administration or execution of the
development process.
The proposed amendment improves the administration or execution of the
development process in that it provides for regulation and a process by which to
approve development or redevelopment of a property within the Community Business
District.
4
ORDINANCE NO. 2016-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
SECTION 31-144 "BUSINESS ZONING DISTRICTS" OF THE CITY'S
LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 31-
144(C)(5)A., COMMUNITY BUSINESS (B2) DISTRICT TO ALLOW
INCREASED LOT COVERAGE FOR SHOPPING CENTERS WITH
MORE THAN 1,000,000 SQUARE FEET OF GROSS LEASABLE AREA,
WITH HEIGHT NOT GREATER THAN FIVE STORIES AND THAT
ENTER INTO AN AGREEMENT WITH THE CITY TO PROVIDE MAJOR
TRANSPORTATION IMPROVEMENTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura ("City Commission") is
desirous of amending Section 31-144 "Business Zoning Districts" of Chapter 31 "Land
Development Regulations" of the Code of Ordinances ("City Code") to provide that lot
coverage may be increased by an amount up to 3%, to a total of 48% of the total lot
area, for parcels that include one or more shopping center buildings with more than
1,000,000 square feet of gross leasable area and do not exceed five stories in height, if
the parcel owner(s) enter into an agreement with the City to provide major
transportation improvements in the City; and
WHEREAS, the Business and Office future land use category applicable to the
proposed amendment provides that "...the specific range and intensity of uses
applicable in a particular Business and Office property is dependent upon the particular
land use, design, urban services, transportation, environmental and social conditions on
and around the subject property, including consideration of applicable goals, objectives
and policies of the Plan...'; and the Transportation Goal in the Transportation Element
of the City's Comprehensive Plan is "...to provide a safe and efficient multimodal
transportation system to serve the needs of the City..."; and
WHEREAS, the City Commission finds that the proposed amendment to Section
31-144 of the City Code to provide increased lot coverage for large-scale shopping
City of Aventura Ordinance No. 2016-
center parcels that provide major transportation improvements is consistent with the
applicable goals, objectives and policies of the City's Comprehensive Plan; and
WHEREAS, the City Commission has been designated as the Local Planning
Agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the proposed amendment
during the required public hearing and has recommended approval to the City
Commission; and
WHEREAS, the City Commission has reviewed the proposed amendment, and
finds that it is in the best interests of the public to amend Section 31-144 of Chapter 31
"Land Development Regulations," as set forth in this Ordinance; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the action set forth in the
Ordinance and has determined that such action is consistent with the Comprehensive
Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals. The foregoing whereas clauses are hereby ratified and
incorporated within this Ordinance.
Page 2 of 6
City of Aventura Ordinance No. 2016-
Section 2. City Code Amended. That Section 31-144 "Business Zoning
Districts" of Article VII "Use Regulations" of Chapter 31 "Land Development
Regulations" of the City Code is hereby amended to read as followst:
Sec. 31-144. — Business Districts.
(c) Community Business (82) District. This district is intended primarily to
provide for general commercial activity for a wide range of goods and services
to the entire community and sub region. Such businesses generally require
locations convenient for both vehicular and pedestrian traffic and would be
expected to have orientation toward and direct access to arterial roadways.
***
(5) Site development standards.
a. Floor area ratio and lot coverage and minimum landscaped open
space requirements:
1. For all buildings: Any structure parking serving the primary use on
the site shall be incorporated into the building envelope and shall be compatibly
designed. Such parking structure shall comply with all minimum setback and
buffer yard requirements.
2. The floor area ratio shall be 0.40 at one story and shall be
increased by 0.11 for each additional story. Structure parking shall not count as
part of the floor area, but shall be counted in computing building height. The total
lot coverage permitted for all buildings on the site shall not exceed 40 percent of
the total lot area, except as provided in Subsection 4. below. The floor area ratio
shall not exceed 2.0 for all buildings in this district in conformance with the
comprehensive plan.
3. For shopping center buildings with more than 1,000,000 square feet
of gross leasable area that provide public amenities including, but not limited to,
public plazas, fountains or other water features, seating areas and recreational
walking areas and that do not exceed five stories in height, the minimum
landscaped open space shall be 15 percent of the total lot area. Said open space
shall be extensively landscaped with grass, trees and shrubbery in accordance
with a landscape plan to be approved by the City Manager. The non-leasable
Underlined provisions constitute proposed additions to existing text. Strikethrough provisions constitute proposed
deletions to existing text.
Page 3 of 6
City of Aventura Ordinance No. 2016-
areas within enclosed or non-enclosed malls which are landscaped with grass,
trees and/or shrubbery, water areas therein, and areas therein with permanent
art display areas may be used as part of the required landscaped open space
provided such areas do not exceed ten percent of the required landscaped open
space.
4. For parcels that include one or more shopping center buildings, the
maximum lot coverage shall not exceed 45% of the total lot area, provided that
such shopping center buildings contain more than 1,000,000 square feet of gross
leasable area and do not exceed five stories in height, and that the shopping
center building provides a centralized multi-modal transportation facility which is
enclosed within a parking structure, and which may be used by City transit
providers, County transit providers, any other governmental entities requesting
use of the facility and private transit providers. The maximum lot coverage may
be increased by an amount up to 3 percent, to a total not exceeding 48% of the
total lot area, if the parcel owner(s) enter into an agreement with the City to
provide major transportation improvements that are recommended by the City
Manager and that may include linkage to railway passenger service and/or other
linkage to a regional transportation facility. Such agreement shall allocate the
additional lot coverage obtained under this section, shall be in a form satisfactory
to the City Manager and City Attorney, and shall not be effective unless approved
by motion or resolution of the City Commission.
***
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of the City Commission,
and it is hereby ordained that the provisions of this Ordinance shall become and be
made a part of the Code of the City of Aventura; that the sections of this Ordinance may
be renumbered or re-lettered to accomplish such intentions; and that the word
"Ordinance" shall be changed to "Section" or other appropriate word.
Page 4 of 6
City of Aventura Ordinance No. 2016-
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Holzberg, who moved its
adoption on first reading. This motion was seconded by Commissioner Shelley, and
upon being put to a vote was as follows:
Commissioner Teri Holzberg Yes
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Marc Narotsky 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 was as follows:
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Marc Narotsky
Mayor Enid Weisman
Page 5 of 6
City of Aventura Ordinance No. 2016-
PASSED on first reading this 1st day of November, 2016.
PASSED AND ADOPTED on second reading this 17th day of November, 2016.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this day of , 2016.
Page 6 of 6