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07-17-2017 Regular Commission Meeting Agenda
City Manager City Commission Eric M. Soroka, ICMA-CM Enid Weisman,Mayor ... Howard Weinberg,Vice Mayor �:!_ =�:;\ City Clerk Denise Landman,Commissioner Elllisa L.Horvath,MMC Dr.Linda Marks,Commissioner i Gladys Mezrahi,Commissioner City Attorney Marc Narotsky,Commissioner G_ Weiss Scrota Helfman Robert Shelley,Commissioner e�✓ Cole&Bierman CITY COMMISSION MEETING AGENDA JULY 179 2017 6:00 p.m. 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 Awards • Police Officer of the Year Award • Police Civilian of the Year Award 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: • June 7, 2017 Commission Workshop Meeting • June 14, 2017 Commission Regular Meeting • June 22, 2017 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 FOR AN EFFECTIVE DATE. Aventura City Commission Meeting Agenda July 17, 2017 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 MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE TOWN OF BAY HARBOR ISLANDS 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. D. 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 NORTH MIAMI BEACH FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA PROVIDING FOR ACCEPTANCE OF DEDICATION OF EASEMENTS FROM AVENTURA LAND VENTURES, LLC TO THE CITY OF AVENTURA TO ACCESS AND MAINTAIN ITS DRAINAGE SYSTEM ON THE PARK SQUARE DEVELOPMENT SITE; AUTHORIZING THE CITY MANAGER TO EXECUTE INSTRUMENTS CONCERNING DEDICATION; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDNG FOR AN EFFECTIVE DATE. 6. ZONING HEARINGS - QUASI-JUDICIAL PUBLIC HEARINGS: Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items,please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence,will be made under oath or affirmation. Additionally,each person who gives testimony may be subject to cross-examination.If you refuse either to be cross-examined or to be sworn,your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses,but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. RESOLUTION—PUBLIC HEARING: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO ALLOW THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES AT COCKTAIL LOUNGES WITHIN HARRY'S PIZZERIA RESTAURANT TO BE ESTABLISHED IN TENANT SPACE #956 OF THE AVENTURA MALL EXPANSION AT 19501 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. 7. ORDINANCES - FIRST READING/PUBLIC HEARINGS: None Page 2 of 4 Aventura City Commission Meeting Agenda July 17, 2017 8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: This item A. AN ORDINANCE OF THE CITY OF AVENTURA,FLORIDA,AMENDING THE will be OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE DEFERRED ZONING DESIGNATION FOR A 2.0 ACRE PARCEL OF LAND LOCATED ON until the THE NORTH SIDE OF NE 213 STREET AS MORE PARTICULARLY September 5, DESCRIBED IN EXHIBIT "A" TO THIS ORDINANCE, FROM B2, 2017 COMMUNITY BUSINESS DISTRICT TO MO, MEDICAL OFFICE DISTRICT; City PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE Commission CODE; PROVIDING FOR AN EFFECTIVE DATE. Meeting B. AN ORDINANCE OF THE CITY OF AVENTURA,FLORIDA,APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT PURSUANT TO This item CHAPTER 163, F.S., DATED NOVEMBER 8, 2006 MADE BETWEEN will be GULFSTREAM PARK RACING ASSOCIATION INC. AS DEVELOPER AND DEFERRED THE CITY OF AVENTURA TO EXTEND THE TERM OF THE AGREEMENT until the FROM JULY 7, 2017 TO JULY 7, 2024, TO REVISE EXHIBITS "A" AND `B" September 5, TO THE AGREEMENT WITH NEW LEGAL DESCRIPTIONS FOR THE 2017 RECONFIGURED B2 DISTRICT AND MO DISTRICT PARCELS, TO ADD City THE 2.0 ACRE CONVEYANCE TO THE CITY AND TO AMEND THE Commission VEHICULAR ACCESS RESTRICTION TO AND FROM NE 213 STREET, ALL Meeting RELATING TO PARCELS OF LAND LOCATED ON THE NORTH SIDE OF NE 213 STREET, EAST OF BISCAYNE BOULEVARD, CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 9. RESOLUTIONS—PUBLIC HEARINGS: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE, SUBJECT TO ANNUAL REVISION AND AUTHORIZATION, THE CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT FOR FISCAL YEAR 2017/18 TO 2021/22 AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None 13. ADJOURNMENT Page 3 of 4 Aventura City Commission Meeting Agenda July 17, 2017 FUTURE MEETINGS* COMMISSION MEETING AND WORKSHOP—JULY 18,2017 AT 9 AM EXECUTIVE CONFERENCE ROOM(5'H FLOOR) COMMISSION MEETING—SEPTEMBER 5,2017 AT 6 PM COMMISSION CHAMBER COMMISSION WORKSHOP—SEPTEMBER 14,2017 AT 9 AM EXECUTIVE CONFERENCE ROOM(5'H 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. Page 4 of 4 The City of CITY COMMISSION y �e WORKSHOP MEETING MINUTES Aventura Government Center �Y ����JL JUNE 7, 2017 19200 W.Country Club Drive Aventura, Florida 33180 0 6:00 P.M. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6:00 p.m. The following were present: Mayor Enid Weisman, Vice Mayor Howard Weinberg, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi, Commissioner Marc Narotskyl, Commissioner Robert Shelley, 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. DISCUSSION OF MEETING PROTOCOL (Commissioner Shelley): Commissioner Shelley discussed the need to relay a cohesive message to the public from the Commission regarding the Aventura charter high school and the process. He suggested that information, facts, and a timeline be provided and that opinions be withheld until the proper time at the public hearings. Mr. Soroka clarified the purpose of the Community Information Session (CIS) to gain input from the residents and to garner letters of support as part of the charter school application process. He noted that a public hearing for resident input and the Commission vote on the admission policy was scheduled for June 14, 2017, which would be explained at the CIS. City Manager Summary: No action - this item was provided for informational purposes. 2. ADJOURNMENT: There being no further business to come before the Commission, the workshop meeting was adjourned by consensus at 6:56 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Commission on July 17, 2017. Commissioner Narotsky participated via telephone. The City of CITY COMMISSION REGULAR MEETING MINUTES Aventura Government Center Aventura JUNE 14, 2017 19200 W Country Club Drive Aventura, Florida 33180 FOLLOWING LOCAL PLANNING AGENCY MEETING AT - --- 6:00 P.M. 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6:17 p.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Howard Weinberg, Commissioner Denise Landmanl, Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi, Commissioner Marc Narotsky, Commissioner Robert Shelley, 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. A moment of silence was recognized in observance of the recent shootings in Washington, D.C. 2. PLEDGE OF ALLEGIANCE: The Pledge was previously done at the Local Planning Agency Meeting. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: Mr. Soroka explained a request to move items 7A and 7B out of order (before item 6) on the agenda. A motion to move items 7A and 7B out of order was offered by Commissioner Narotsky, seconded by Commissioner Shelley, and passed by consensus. 4. SPECIAL PRESENTATIONS: None. 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 Shelley, seconded by Vice Mayor Weinberg, and passed unanimously by roll call vote. The following action was taken: A. Minutes were approved as follows: • May 2, 2017 Commission Regular Meeting • May 18, 2017 Commission Workshop Meeting B. Resolution No. 2017-25 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 FOR AN EFFECTIVE DATE. I Commissioner Landman arrived to the meeting at 6:22 p.m., during Mr. Wolpin's review of the quasi-judicial procedures for items 7A, 7B, and 8A. Aventura City Commission Meeting Minutes June 14, 2017 C. Resolution No. 2017-26 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 NORTH MIAMI 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. D. Resolution No. 2017-27 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA SUPPORTING THE GOALS OF ACTIVE DESIGN MIAMI: DESIGN AND POLICY STRATEGIES FOR HEALTHIER COMMUNITIES AS DEVELOPED BY THE MIAMI CENTER FOR ARCHITECTURE AND DESIGN (MCAD); DIRECTING STAFF TO CONTINUE TO INCORPORATE ACTIVE DESIGN STRATEGIES INTO PLANNING FUNCTIONS AS FEASIBLE; AND PROVIDING FOR AN EFFECTIVE DATE. E. Resolution No. 2017-28 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. 17- 04-25-2, CITY OF AVENTURA MAINTENANCE AND REPAIR FOR CITY STREETS AND FACILITIES TO STONE CONCEPT MIAMI INC., METRO EXPRESS INC., THE PAVING LADY, AND WEEKLEY 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. F. Resolution No. 2017-29 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. 17- 05-04-2, CITY OF AVENTURA CUSTODIAL SERVICES FOR AVENTURA CITY OF EXCELLENCE SCHOOL TO UNITED SERVICES INC. FOR THE INDIVIDUAL BID PRICE AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACT; 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. Page 2 of 9 Aventura City Commission Meeting Minutes June 14, 2017 The following items were taken out of order: 7. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: Mayor Weisman announced that she would be recusing herself from voting on the next two items (7A and 7B), since she is a member of the Board of Trustees for Aventura Hospital & Medical Center, and left the room. 2 Vice Mayor Weinberg presided over the meeting. Mr. Wolpin reviewed the quasi-judicial procedures pertaining to items 7A, 7B, and 8A on the agenda and read the following Resolution by title: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF VARIANCE TO SECTION 31-144(f)(4)c. OF THE CITY CODE TO ALLOW A REDUCED FRONT YARD SETBACK OF 39.9 FEET WHERE A MINIMUM 50 FOOT FRONT YARD SETBACK IS REQUIRED, AND GRANTING APPROVAL OF MODIFICATION OF VARIANCE TO SECTION 31-144(f)(4)d. OF THE CITY CODE TO ALLOW OPEN SPACE OF 18.1% WHERE OPEN SPACE OF 21.8% WAS APPROVED THROUGH RESOLUTION NO. 2016-20 AND 33% IS REQUIRED BY CODE, AND GRANTING APPROVAL OF MODIFICATION OF VARIANCE TO SECTION 31-144(f)(4)d. TO ALLOW A FLOOR AREA RATIO OF 1.56, WHERE A FLOOR AREA RATIO OF 1.38 WAS APPROVED THROUGH RESOLUTION NO. 2016-20 AND 1.28 IS PERMITTED BY CODE; ALL FOR A THREE STORY EXPANSION TO THE SOUTH TOWER OF THE AVENTURA HOSPITAL AT 20900 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. Mrs. Horvath administered the oath to all those wishing to offer testimony on items 7A, 7B, and 8A. A motion for approval of the Resolution was offered by Commissioner Shelley and seconded by Commissioner Landman. Community Development Director Joanne Carr addressed the Commission and entered the staff report into the record, which recommended approval, subject to the conditions listed. The following provided testimony on behalf of the applicant (Miami Beach Healthcare Group, Ltd. d/b/a Aventura Hospital and Medical Center): Alexander Tachmes, Esq. (Shutts & Bowen, LLC, 200 S. Biscayne Blvd. Suite 4100, Miami), Adam Mayle, Director Plant Operations (Aventura Hospital and Medical Center), and Luanne Ansaldo, Chief Operating Officer (Aventura Hospital and Medical Center). The Commission requested and the Applicant agreed to add the following conditions to the Resolution: the simultaneous commencement of construction of the south tower 2 The Memorandum of Voting Conflict(Form 8B)for Mayor Weisman is attached to the minutes as required. Page 3 of 9 Aventura City Commission Meeting Minutes June 14, 2017 (Item 7A) and the parking garage (Item 7B), as well as allowing the separate issuance of a temporary certificate of occupancy or certificate of occupancy for each project, based on the anticipated completion times of 18 months (south tower) and 12 months (parking garage). Vice Mayor Weinberg opened the public hearing. There being no comments, the public hearing was closed. The following added conditions prepared by Mr. Wolpin will be included as part of the conditions listed in the Resolution: A building permit for the 3 story, 60 bed addition to the south tower shall not be issued by the City unless the applicant obtains, at the same time as a building permit for the addition project, a building permit for the 5 story, 506 space parking garage on the north portion of the campus contemplated by Application No. 02-VAR-17. A temporary certificate of occupancy or certificate of occupancy may be issued separately for each project, based on the applicant's statement that the construction of the addition is anticipated to be completed in 18 months and the construction of the garage is anticipated to be completed in 12 months. The motion for approval of the Resolution passed unanimously by roll call vote, and Resolution No. 2017-30 was adopted, with the added conditions. Mr. Wolpin reviewed the following Resolution by title: B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF VARIANCE TO SECTION 31-144(f)(4)c. OF THE CITY CODE TO ALLOW A REDUCED FRONT YARD SETBACK OF 23.5 FEET WHERE A MINIMUM 50 FOOT FRONT YARD SETBACK IS REQUIRED, AND GRANTING APPROVAL OF VARIANCE TO SECTION 31-144(f)(4)c. OF THE CITY CODE TO ALLOW A REAR YARD SETBACK OF 10 FEET, WHERE A MINIMUM 25 FOOT REAR YARD SETBACK IS REQUIRED BY CODE; GRANTING VARIANCE TO SECTION 31-172(c)(2) OF THE CITY CODE TO ALLOW A DRIVEWAY SEPARATION OF 38.2 FEET, WHERE A MINIMUM SEPARATION OF 150 FEET IS REQUIRED BY CITY CODE; AND GRANTING VARIANCE TO SECTION 31-144(1)(4)d.3. OF THE CITY CODE TO ALLOW LOT COVERAGE OF 45%, WHERE A MAXIMUM LOT COVERAGE OF 40% IS PERMITTED BY CODE,ALL FOR A 5 STORY,506 PARKING GARAGE ON THE NORTH PORTION OF THE AVENTURA HOSPITAL AND MEDICAL CENTER CAMPUS FRONTING ON NE 211 STREET,CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Resolution was offered by Commissioner Landman and seconded by Commissioner Shelley. Community Development Director Joanne Carr addressed the Commission and entered the staff report into the record, which recommended approval, subject to the conditions listed in the Resolution. Page 4 of 9 Aventura City Commission Meeting Minutes June 14, 2017 The following provided testimony on behalf of the applicant (Miami Beach Healthcare Group, Ltd. d/b/a Aventura Hospital and Medical Center): Alexander Tachmes, Esq. (Shutts & Bowen, LLC, 200 S. Biscayne Blvd. Suite 4100, Miami). Vice Mayor Weinberg opened the public hearing. The following members of the public provided testimony, after Mrs. Horvath administered the oath: Edie Rothstein (21121 East Dixie Highway). There being no additional comments, the public hearing was closed. The following added conditions prepared by Mr. Wolpin, as agreed to during Item 7A, will be included as part of the conditions listed in the Resolution: A building permit for the 5 story, 506 space parking garage shall not be issued by the City unless the applicant obtains, at the same time as a building permit for the garage project, a building permit for the 3 story, 60 bed addition to the south tower on the east portion of the campus as contemplated by Application No. 01-VAR-17. A temporary certificate of occupancy or certificate of occupancy may be issued separately for each project, based on the applicant's statement that the construction of the garage is anticipated to be completed in 12 months and the construction of the addition is anticipated to be completed in 18 months. The motion for approval of the Resolution passed unanimously by roll call vote, and Resolution No. 2017-31 was adopted, with the added conditions. Mayor Weisman returned to the meeting room and presided over the rest of the meeting. 6. MOTION — PUBLIC HEARING: Mr. Wolpin read the following and explained the rules of decorum and procedures: A MOTION TO ESTABLISH RESIDENCY/ADMISSIONS POLICY FOR PROPOSED AVENTURA CHARTER HIGH SCHOOL Mr. Wolpin explained the opinion regarding an email received from the Miami-Dade County School Board, based on the State statute, requiring one lottery for all residents. He agreed with the School Board's opinion and recommended that the City's policy provide for a lottery with preference to all Aventura residents. A motion to adopt an admissions policy for the proposed Aventura Charter High School that would provide for a new lottery to be held which provides preference to all Aventura residents was offered by Commissioner Shelley and seconded by Commissioner Landman. Mayor Weisman opened the public hearing. The following members of the public provided comments: Richard D'Addario (3148 N.E. 212 Street, Aventura), Dr. Marilyn Frisch (3949 Cocoplum Circle, Coconut Creek), Page 5 of 9 Aventura City Commission Meeting Minutes June 14, 2017 Isabella Koopman (Aventura student), Pacheva Corinne (3131 N.E. 188 Street, Aventura), Rafael Caffarena (3340 N.E. 190 Street, Aventura), Juan Paramo (3158 N.E. 212 Terrace, Aventura), Marcia Weiser (3069 N.E. 183 Lane, Aventura), Adam Goodman (outside Aventura), Rachel Friedland (21019 N.E. 38 Avenue, Aventura), Zekiel Shar Shalom (20335 West Country Club Drive, Aventura), Frida Lapidot (20953 N.E. 30 Court, Aventura), Alejand Alvarez (3131 N.E. 188 Street, Aventura), Larisa Gross (South Tower at the Pointe, Aventura), Ileana Silva (Aventura Lakes — 213 Street, Aventura), Ivy Ginsberg (3610 Yacht Club Drive, Aventura), Nathaniel Manor (20225 N.E. 34 Court, Aventura), and Raquel Rothman (Aventura). There being no additional comments, the public hearing was closed. After discussion and recommendation by Mr. Soroka, Commissioner Shelley amended the motion to add holding the lottery in October 2018. The motion as amended passed unanimously, by roll call vote. 7. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: These items were discussed earlier in the meeting. 8. ORDINANCES - FIRST READING — PUBLIC HEARING: Mr. Wolpin noted that the quasi-judicial procedures were invoked for this item and read the following ordinance by title: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR A 2.0 ACRE PARCEL OF LAND LOCATED ON THE NORTH SIDE OF NE 213 STREET AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" TO THIS ORDINANCE, FROM B2, COMMUNITY BUSINESS DISTRICT TO MO, MEDICAL OFFICE DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. The staff report and testimony provided at the Local Planning Agency meeting for the item were included by reference. A motion to adopt the Ordinance was offered by Commissioner Dr. Marks and seconded by Commissioner Shelley. Mayor Weisman opened the public hearing. There being no comments, the public hearing was closed. The motion to approve the Ordinance was passed unanimously, by roll call vote. Mr. Wolpin read the following ordinance by title: B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT PURSUANT TO Page 6 of 9 Aventura City Commission Meeting Minutes June 14, 2017 CHAPTER 163, F.S., DATED NOVEMBER 8, 2006 MADE BETWEEN GULFSTREAM PARK RACING ASSOCIATION INC. AS DEVELOPER AND THE CITY OF AVENTURA TO EXTEND THE TERM OF THE AGREEMENT FROM JULY 7, 2017 TO JULY 7, 2024, TO REVISE. EXHIBITS "A" AND "B" TO THE AGREEMENT WITH NEW LEGAL DESCRIPTIONS FOR THE RECONFIGURED B2 DISTRICT AND MO DISTRICT PARCELS, TO ADD THE 2.0 ACRE CONVEYANCE TO THE CITY AND TO AMEND THE VEHICULAR ACCESS RESTRICTION TO AND FROM NE 213 STREET, ALL RELATING TO PARCELS OF LAND LOCATED ON THE NORTH SIDE OF NE 213 STREET, EAST OF BISCAYNE BOULEVARD, CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. A motion to adopt the Ordinance was offered by Commissioner Shelley and seconded by Commissioner Landman. Community Development Director Joanne Carr addressed the Commission and entered the staff report into the record, which recommended approval. The following provided comments on behalf of the applicant (Gulfstream Park Racing Association, Inc.): Edwin Stacker, Esq. (Mastriana & Christiansen, PA, 1500 N. Federal Highway, Suite 200, Fort Lauderdale). Mr. Soroka explained the vehicular access schedule from N.E. 213 Street. Mayor Weisman opened the public hearing. The following members of the public provided comments: Ivy Ginsberg (3610 Yacht Club Drive)3 and Frida Lapidot (20953 N.E. 30 Court, Aventura). There being no additional comments, the public hearing was closed. The motion to approve the Ordinance was passed unanimously, by roll call vote. 9. ORDINANCES - SECOND READING/PUBLIC HEARING: Mr. Wolpin read the following ordinance by title: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 31-21, DEFINITIONS,TO REVISE THE. DEFINITION OF OPEN SPACE; BY AMENDING SECTIONS 31-144, BUSINESS ZONING DISTRICTS AND 31-145, TOWN CENTER ZONING DISTRICTS, TO ADD ADOPTED AMENDMENT TO CHAPTER 14, GREEN BUILDING PROGRAM FOR CONSISTENCY AND CROSS- REFERENCE; BY AMENDING SECTION 31-143(d), MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICTS (RMF3), AND SECTION 31-143(c), MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICTS (RMF3A), AND Ms. Ginsberg s testimony from the Local Planning Agency Meeting was incorporated into the record by reference. Page 7 of9 Aventura City Commission Meeting Minutes June 14, 2017 SECTION 31-143(f), MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICTS (RMF4) AND SECTION 31-143(g), MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT (RMF3B) AND SECTION 31-144, BUSINESS ZONING DISTRICTS, AND SECTION 31-145, TOWN CENTER ZONING DISTRICTS, TO AMEND THE MAXIMUM SIZE OF ABOVE GROUND EMERGENCY FUEL STORAGE TANKS; BY AMENDING SECTION 31-191, SIGN REGULATIONS GENERALLY, TO ADD A NEW TEMPORARY SIGN AND TO DELETE MURALS; BY AMENDING SECTION 31-221, LANDSCAPING REQUIREMENTS, TO UPDATE THE SECTION FOR CONSISTENCY WITH MIAMI-DADE COUNTY CODE; BY AMENDING SECTION 31-232, SUBDIVISION DESIGN STANDARDS TO CLARIFY APPLICABILITY OF THE SECTION AND TO ADD BICYCLE STORAGE FACILITIES AS A REQUIRED DESIGN STANDARD; BY AMENDING SECTION 31-233, ARCHITECTURAL DESIGN STANDARDS, BY ADDING REGULATION FOR MURALS; BY AMENDING SECTION 31-238, ACCESSORY USES, TO AMEND REGULATIONS FOR AWNINGS AND CANOPIES AND ADD REGULATIONS FOR PORTE-COCHERES AND SUN SHADE DEVICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion to adopt the Ordinance was offered by Commissioner Narotsky and seconded by Commissioner Shelley. Mayor Weisman opened the public hearing. There being no comments, the public hearing was closed. The motion to approve the Ordinance was passed unanimously, by roll call vote, and Ordinance No. 2017-07 was adopted. Mr. Wolpin read the following ordinance by title: B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED AVENTURA CHARTER HIGH SCHOOL BUDGET FUND 191 FOR FISCAL YEAR 2017/18 (JULY 1 — JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. A motion to adopt the Ordinance was offered by Commissioner Dr. Marks and seconded by Commissioner Mezrahi. Mayor Weisman opened the public hearing. There being no comments, the public hearing was closed. The motion to approve the Ordinance was passed unanimously, by roll call vote, and Ordinance No. 2017-08 was adopted. 10. RESOLUTIONS — PUBLIC HEARING: None Page 8 of 9 Aventura City Commission Meeting Minutes June 14, 2017 11. REPORTS: Michael Krop Senior High School representative Nathaniel Manor (SGA President Elect — 12th Grade) provided a report on news and events from the end of the school year. Commissioner Landman reported on her plans to attend the NALEO (National Association of Latino Elected Officials) Conference and will report on items upon her return. 12. PUBLIC COMMENTS: • State Senator Daphne Campbell: Senator Campbell distributed and briefly reviewed her 2017 Legislative Update for District 38. • State Representative Joseph "Joe" Geller: Representative Geller provided an update on the 2017 legislative session. 13. OTHER BUSINESS: None. 14. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Shelley, seconded by Commissioner Landman, and unanimously approved; thus adjourning the meeting at 8:43 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Commission on July 17, 2017. Page 9 of 9 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS UST NAME—FIRST NAME—MIDDLE NAME NAME OFaOND.COUNCIL COMMISSION.AunsoRnv,OR COMMITTEE Weisman,ES City Commission of the City of Aventura MAILING ADDRESS THE BOARD.COUNCIL,CCAIAISSION,AURCRrtY OR COMMTTEf ON 19200 West Country Club Drive M1ICHI SERVE ISA UNITOF: CITY COUNTY CITY U COUNTY D OTHER LOCAL AGENCY Aventura Miami-Dade NAME Of POLITICAL SUBDIVISION'. DATE ON VAaCH VOTE OCCURRED City of Aventura June 14,2017 MY POa1TICNIS. of ELECTIVE U APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board,council, commission,authority,or committee. It applies to members of advisory and non-adveary bodes who are presented with a voting conflict of interest under Section 112.3143,Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay dose attention to the Instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to hi or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal(other than a government agency) by whom he or she is retained (including the parent,subsidiary,or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate.Commissioners of community redevelopment agencies(CRAG)under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of the law, a-relative includes ody the officer's father, mother, son,daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-ilaw, and daughter-in-law.A'business associate'means any person cc entity engaged in or carrying on a business enterprise with the officer as a partner.joint venturer, coowner of property, or corporate sharehddar(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining horn voting in the situations described above,you must disclose the conflict PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form In the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise penicipating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and fie this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting.who will Incorporate the form in the minutes. (Continued on page 2) CE FORM se-EFF.110013 PAGE 1 Adopted by rebence in Rule 3e401011prf,FAC. APPOINTED OFFICERS (continued)- • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the fom,is filed IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING'. • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting.who must incorporate the form in the minutes.A copy of the ban must be provided immediately to the other members of the agency.and the form must be read publicly at the next meeting after the form is filed DISCLOSURE OF LOCAL OFFICER'S INTEREST Enid Weisman hereby disclose that on June 14th 20 17 (a)A measure came or will come before my agency which(check one or more) 4 inured to my special private gain or loss. inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative. inured to the special gain or toss of by whom I am retained,or inured to the special gain or loss of .which is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows- 4'According to Section 2-11.1 of the Miami-Dade County Code) I am the Mayor of the City of AveMura and serve on the Board of Trustees of Aventura Hospital,a for-profit hospital located within the city limits. The hospital boards functions are purely advisory and I receive no compensation for serving on the board. At the June 14, 2017 City Commission meeting,there were two agenda items(7a and 7b)affecting the Aventura hospital. Although I have no voting conflict of interest under state law due to the fact that I would have received no special private gain or loss if I had voted on these items, I abstained from voting because my status as a hospital board member establishes a voting conflict of interest under the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys. a public officer, who is also an attorney,may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. Date Filed l !nature NOTICE'. UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING'. IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 80-EFF 11/2013 PAGE 2 Adapted by reference in Rule 34-7 010i I X) F A C The City of CITY COMMISSION Aventura WORKSHOP MEETING MINUTES Aventura Government Center �Y �11J1���� JUNE 22, 2017 19200 W.Country Club Drive Aventura, Florida 33180 9:00 A.M. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 9:07 a.m. The following were present: Mayor Enid Weisman, Vice Mayor Howard Weinberg, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahil, Commissioner Marc Narotsky2, Commissioner Robert Shelley, 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. OVERVIEW OF AACC 2016/17 AND UPCOMING SEASON (City Manager): Kelley Shanley, CEO (Broward Center for the Performing Arts) reported on the team operating the Aventura Arts & Cultural Center. Jeff Kiltie, General Manager (Aventura Arts & Cultural Center) provided an overview of the 2016/2017 season and reviewed the Season 7 launch. Helen Downey (DowneyMcKay Communications Inc.) and Maria Fulfaro, Marketing & Sales Manager (Broward Center for the Performing Arts) reviewed the marketing initiatives, as well as the media coverage report. The Commission discussed looking into sponsorships to help subsidize the Center, as well as providing dining options. City Manager Summary: It was the consensus of the Commission to look at ways to subsidize the Arts & Cultural Center at the September Workshop. 2. CAPITAL IMPROVEMENT PROGRAM 2017-2022 BRIEFING (City Manager): Mr. Soroka reviewed the Capital Improvement Program (CIP) for the fiscal period October 1, 2017 through September 30, 2022. City Manager Summary: It was the consensus of the Commission to place a resolution on the July Commission Meeting Agenda, accepting and adopting the Capital Improvement Program for 2017/18-2021/2022. Additionally, it was the consensus of the Commission to review the fund balance policy and to look at the possibility of new revenue sources (ads on the bikes) at the September Workshop. 3. PROPOSED AVENTURA CHARTER HIGH SCHOOL UPDATE (City Manager): Mr. Soroka reported that the City was under contract to purchase the land from Gulfstream for the charter school, but explained that an assessment of the land had determined levels of methane that would need to be removed. He recommend against closing on the property until further evaluation and to renegotiate to determine who Commissioner Mezrahi participated via telephone. 2 Commissioner Narotsky left the meeting during discussion of the City Manager search. Aventura City Commission Workshop Meeting Minutes—June 22, 2017 would pay for the cleanup. He discussed anticipated delays due to the cleanup process, but still projected the school opening in August 2019. Mr. Soroka distributed and reviewed the revised mission and vision statements, for the charter school application, and requested that the Commission provide comments within a week. Mr. Soroka distributed and reviewed the Governance of the School, for the charter school application. It was clarified that Charter Schools USA would be listed for application purposes, but that the management company could be changed. A footnote will be added to the Governance document that the City reserved the right to select any management company. Mr. Soroka clarified that the Advisory Board would consist of nine members and reviewed the requirements for the voting members. City Manager Summary: It was the consensus of the Commission to table the second reading of the Gulfstream zoning items until the land cleanup was resolved. It was also the consensus of the Commission to amend the Governance document as follows: Advisory Board voting members will consist of 4 parents and 3 business representatives (including 1 general community member) and the term for the parent members will be 2 years provided that the child of that parent is still at the school. Additionally, it was the consensus of the Commission to schedule a workshop meeting on June 26, 2017 at 3:30 p.m. for Charter Schools USA to discuss the educational component for the Aventura Charter High School application. 4. CONSTRUCTION NOISE MITIGATION (Commissioner Narotsky): Commissioner Narotsky discussed a complaint he received from a resident regarding construction noise during allowed working hours within an occupied building. City Manager Summary: Although it was determined that complaints regarding construction noise at individual buildings should be addressed through that building's condominium board, it was the consensus of the Commission for Mr. Wolpin to also look at adding language to the existing noise ordinance pertaining to the preference that sound mitigation equipment be used during allowed working hours. 5. ACES RESIDENCY GRANDFATHER POLICY (Mayor Weisman): Mayor Weisman requested that the Commission review the ACES student residency requirement and suggested that it be amended to only allow 7th and 8'h graders that no longer lived in the City to remain at the school (2nd through 6'h graders would no longer be grandfathered in). City Manager Summary: It was the consensus of the Commission for Mr. Soroka to provide the number of students the suggested amendment would affect and the attrition rate if no amendment was made, at the next workshop meeting. Page 2 of 4 Aventura City Commission Workshop Meeting Minutes—June 22,2017 6. MEDICAL MARIJUANA TREATMENT CENTERS (Mayor Weisman): Mayor Weisman discussed the probable passing of SB8A, regarding medical marijuana dispensaries and requested that the item be discussed by the Commission. Mr. Wolpin reviewed SB8A and explained that if it was signed into law on July 1st, then the Commission would have a policy decision on whether or not to prohibit dispensaries within the City. He clarified that an ordinance would have to be adopted to prohibit a dispensary from being in the City. Mr. Soroka reported that Chief Pegues had recommended that the City adopt an ordinance banning the dispensaries within the City of Aventura. City Manager Summary: It was the consensus of the Commission for Mr. Wolpin to draft an Ordinance prohibiting dispensaries in the City of Aventura. 7. CHICKEN POPULATION UPDATE (City Manager): Mr. Soroka provided an update on the relocation of the chickens at 207th Street and 34th Avenue. The following members of the public provided comments: Harvey Glasser (Aventura resident). City Manager Summary: No action - this item was provided for informational purposes. The following additional items were discussed: Mrs. Horvath reported that 16 applications were received for the Youth Advisory Board. It was the consensus of the Commission for the City to purchase a table at a locally held event, if any member of the Commission was nominated for an award/recognition. Mayor Weisman reported on her plans to attend the upcoming US Conference of Mayors in Miami Beach. Mr. Soroka distributed and discussed his notice of retirement. The Commission discussed various options to proceed in hiring a city manager. It was the consensus of the Commission for Mr. Soroka to hire the firm Colin Baenziger to provide executive recruitment services for a city manager. The firm will provide guidance at the July workshop meeting. It was the consensus of the Commission for Commissioner Shelley to negotiate an agreement with Mr. Soroka for consulting services to assist the City with the charter high school process, to commence after his retirement. Page 3 of 4 Aventura City Commission Workshop Meeting Minutes—June 22, 2017 8. ADJOURNMENT: There being no further business to come before the Commission, the workshop meeting was adjourned by consensus at 12:19 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Commission on July 17, 2017. Page 4 of 4 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM, Ci' =ger DATE: June 30, 2017 SUBJECT: Resolution Declaring Equipment Surplus July 17, 2017 City Commission Meeting Agenda Item 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. 2017- 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 FOR 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman City of Aventura Resolution No. 2017-__ PASSED AND ADOPTED this 17th day of July, 2017. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CITY OF AVENTURA INFORMATION TECHNOLOGY DEPARTMENT MEMORANDUM TO: Eric M. Soroka, City Manager FROM: Karen J. Lanke, Information Technology Director DATE: July 5, 2017 SUBJECT: Surplus Computer Equipment I am requesting that the computer equipment listed on the attached be declared surplus property as the equipment no longer meets the needs of the City and Aventura City of Excellence School. Please let me know if you have any questions regarding this request. Attachments City of Aventura Computer Equipment Inventory Exhibit A Brand Model Q y Serial Number I - _ Type Aficio CL7200 037802000027 Printer APC Back-UPS RS 700 301032X52751 UPS APC Back-UPS RS 800 380928X30082 _ UPS Del 1504FP MX-03X966-47605-390-CZ40 Monitor Del 1504FP MX-03X966-47605-390-CZ42 Monitor Del 1504FP MX-03X966-0]605-390-CZ43Monitar Del _ i 1504FP MX-03X966-47605-390-C24FMonitor Del 1504FPMX-05R108-07605-369-AYD8 _ Monitor - _. -. Del 1704FPTt CN-0V4299-]161&563-CGNH Monitor Del i_. 1704FPTt CN-OV4299-71618-5AL-ABF9 Monitor -_—__ Del � 1707FPt CN OCC280-71618-67L- D40 Monitor Del 1707FPt CN OCC280-71616 67L-ADVO Monitor Del 1707FPt CN-000280-71618 -ADVX Monitor Del i 1707FPt CN-0CC280-71618682-BNEV _ Monitor Del 1707FPt CN-0CC280-71618682-BSKC Monitor Del I 1707FPt CN-OYG613-7161868N-AGWX Monitor Del 1708FPb CN-007300-71623-091-2131 Monitor Del I 1708FPb CN-0FP816-74261-85E6W5S Monitor Del I 1708FPb CN-OG302H-74261-894-3DJ5 Monitor Del 17O8FPf CN-O0552H-72872-86D-03PL-A00 Monitor Del 19o5FP CN-OT6116-]1618-55P-AM1Z Monitor - Del + 1908WFPt CN-0G435H-]2872-8]2-OMonitor Del '- 2007WFPb MX-OHF730-]4262-826-2DDL-2DOL Monitor Del 2009Wt CN-007300-71823-98F-5797 Monitor Del 2009Wt CN-0G433G-74445-986-AHRL Monitor Del 2009Wt CN-0G433H-74445-986-AHPL Monitor Del '. 2009Wt - � - CN-0G433H-74445-986-AHQL Monitor Del 2009Wt CN-0G433H-74445-986-AJVL Monitor _ Del _ 2009Wt CN-0G433H-74445-986-AJZL Monitor Del 2009Wt CN-00433H-74445-986-AK4L Monitor Del 2009WtCN-0G433H-74445-986-AK9L Monitor _ — _ — Del 2009Wt CN-0G433H-74445-986-AKHL Monitor DelE1715Sc CN-OFVr4P-64180-622-O5BU-A01 Monitor • Del -66430 � 134KKV7 Laptop Del - E6430 i _3073CW1 Laptop Del E6430 I - BMH3CW1 Laptop Del E6430 _BC193CW1 Laptop Del E6430 I CH73CW1 Laptop Del E6430 ' DP93CW1 Laptop Del E6430 GF5KKV1 Laptop Del Optiplex 7010 H82K0W1 Desktop Del Optiplex 7010 � 1-182V0W1 Desktop Del Optiplex 7010 • H83RQW1 Desktop Del Opliplex 780 3RZLKN1 Desktop Del _ _ Optiplex 780 ' -- 3TDJKNI Desktop Del Optiplex 790 r _ 20NKWI Desktop Del Optiiplex 790 24NLW1 Desktop _ - _ __ H Del Optiplex 790 D R1 Desktop Del Optiplex 790 _ D5JS1SJSI RI Desktop Del Optiplex 790 D5JW1R1 Desktop Del _ O_ptplex 790 D5LR1R1 Desktop Etronics VT5V71 - C041701922 Monitor n/a n/a 3 n/a CCTV Camera Sylvania _ CL-872b 1E82ZD206617U Monitor Zebra S4M 1 i . 03009090197 Printer Page 1 of 1 7/5/2017 City of Aventura ACES Computer Equipment Inventory Exhibit B Brand Model Qty Serial Number Type • Dedicated Micro DS2P DVR 810914020001 DVR —_.—_ Dedicated Micro DS2P DVR MT052414N022 DVR Dedicated Micro i DS2P DVR MT060222N005 DVR Dedicated Micro I DS2P DVR DVR Dell Optiplex All-in-One Stand 85 Stand Dell PowerEdge 1900 ' 17H3DD1 Server Dell PowerEdge 1900 37H3DD1 Server Honeywel HRDP16 DVR R290400004 DVR Honeywel HRDP16 DVR T036411473 DVR Honeywel HRDP16 DVR T123412785 DVR Honeywel HRDP16 DVR T155414052 DVR Honeywel HRDP16 DVR T155414063 DVR Honeywel HRDP16 DVR T183414495 DVR Honeywel HRDP16 DVR T183414532 DVR Page loll 7/5/2017 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-C , y Ma ager DATE: June 22, 2017 SUBJECT: Law Enforcement Mutual 'd greement Between the City and the Town of Bay Harbor Islands July 17, 2017 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing execution of the Law Enforcement Mutual Aid Agreement with the Town of Bay Harbor Islands. BACKGROUND In order to improve cooperative relationships between law enforcement agencies and provide a mechanism to share police resources in the event of emergencies or certain demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows agencies to enter into Police Services Mutual Aid Agreements. The various departments use a basic Mutual Aid Agreement. The following list comprises the circumstances and conditions under which mutual aid may be requested: 1. The joint multijurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from disturbances within detention facilities. 7. Hostage and barricade subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back-ups to emergency and in-process calls, pursuits, and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events, e.g., sporting events, concerts, parades fairs, festivals and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization for specialized units, e.g., underwater recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol, and police information. 15. Joint training in areas of mutual need. The Agreement is beneficial in our mission to protect the safety and quality of life of our residents. If you have any questions, please feel free to contact me. EMS/act Attachment CC01701-17 RESOLUTION NO. 2017- 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 TOWN OF BAY HARBOR ISLANDS FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized on behalf of the City of Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between the City of Aventura and the Town of Bay Harbor Islands for law enforcement activities in substantially the form as attached hereto. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described in Section 1 above, and to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman City of Aventura Resolution No. 2017- PASSED AND ADOPTED this 1791 day of July, 2017. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 MUTUAL AID AGREEMENT Between the City of Aventura Police Department and the Town of Bay Harbor Islands Police Department WHEREAS, it is the responsibility of the governments of the City of Aventura, Florida and the Town of Bay Harbor Islands, Florida to ensure the public safety of their citizens by providing adequate levels of police services to address any foreseeable routine or emergency situation; and WHEREAS, because of the existing and continuing possibility of the occurrence of law enforcement problems and other natural and man-made conditions which are, or are likely to be, beyond the control of the services, personnel, equipment of facilities of the participating municipal police departments; and WHEREAS, in order to ensure that preparation of these law enforcement agencies will be adequate to address any and all of these conditions, to protect the public peace and safety, and to preserve the lives and property of the people of the participating Miami-Dade County municipalities; and WHEREAS, the participating Miami-Dade County municipalities have the authority under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into a mutual aid agreement; NOW, THEREFORE, BE IT KNOWN that the City of Aventura , subdivision of the State of Florida, and the undersigned representatives, in consideration for mutual promises to render valuable aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions: 1. Short title: Mutual Aid Agreement 2. Description: Since this Mutual Aid Agreement provides for the requesting and rendering of assistance for both routine and law enforcement intensive situations, this Mutual Aid Agreement combines the elements of both a voluntary cooperation agreement and a requested operational assistance agreement, as described in 1 Chapter 23, Florida Statutes. 3. Definitions: a) Joint declaration: A document which enumerates the various conditions or situations where aid may be requested or rendered pursuant to this Agreement, as determined by concerned agency heads. Subsequent to execution by the concerned agency heads, the Joint Declaration shall be filed with the clerks of the respective political subdivisions and shall thereafter become part of this Agreement. The Joint Declaration between the City of Aventura and the Town of Bay Harbor Islands Police Department is attached hereto as Exihibit "A" and is hereby incorporated by reference. Said declaration may be amended or supplemented at any time by the agency heads by filing subsequent declarations, subject to the approval of the legal counsel of their respective political subdivisions, and filed with the Clerks of the respective political subdivisions. b) Agency or participating law enforcement agency: Either the City of Aventura Police Department or the Town of Bay Harbor Islands Police Department. c) Agency head: Either the Chief of the City of Aventura Police Department, or the Chiefs designees; and the Chief of Police of the Town of Bay Harbor Islands Police Department, or the Chiefs designees. d) Participating municipal police department: The police department of any municipality in Miami-Dade County, Florida, that has approved and executed this Agreement upon the approval of the governing body of the municipality. e) Certified law enforcement employee: Any law enforcement employee certified as provided in Chapter 943, Florida Statutes. 2 4. Operations: a) In the event that a party to this Agreement is in need of assistance as specified in the applicable joint declaration, an authorized representative of the police department requiring assistance shall notify the agency from whom such assistance is requested. The authorized agency representative whose assistance is sought shall evaluate the situation and his available resources, and will respond in a manner deemed appropriate. b) Each party to this Agreement agrees to furnish necessary manpower, equipment, facilities, and other resources and to render services to the other party as required to assist the requesting party in addressing the situation which caused the request; provided, however, that no party shall be required to deplete unreasonably its own manpower, equipment, facilities, and other resources and services in rendering such assistance. c) The agency heads of the participating law enforcement agencies, or their designees, shall establish procedures for giving control of the mission definition to the requesting agency, and for giving tactical control over accomplishing any such assigned mission and supervisory control over all personnel or equipment provided pursuant to this Agreement to the providing agency. 5. Powers, Privileges, Immunities, and Costs: a) All employees of the participating municipal police department, including certified law enforcement employees as defined in Chapter 943, Florida Statutes, during such time that said employees are actually providing aid outside of the jurisdictional limits of the employing municipality pursuant to a request for aid made in accordance with this Agreement, shall, pursuant to the provisions of Chapter 23, Florida Statutes, have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are normally employed. 3 b) The political subdivision having financial responsibility for the law enforcement agency providing services, personnel, equipment, or facilities pursuant to the provisions of this Agreement shall bear any loss or damage to same and shall pay any and all expenses incurred in the maintenance and operation of same. c) The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement shall compensate all of its employees rendering aid pursuant to this Agreement, during the time of the rendering of such aid, and shall defray the actual travel and maintenance expenses of such employees while they are rendering such aid. Such compensation shall include any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. Such compensation shall also include all benefits normally due such employees. d) All exemptions from ordinances and rules, and all pension, insurance, relief, disability, workers' compensation salary, death, and other benefits which apply to the activity of such officers, agents, or employees of any such agency, when performing their respective functions within the territorial limits of their respective agencies, shall apply to them to the same degree, manner, and extent while engaged in the performance of their functions and duties extraterritorially under the provisions of the Mutual Aid Agreement. The provisions of this Agreement shall apply with equal effect to paid and auxiliary employees. e) Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing body having budgetary jurisdiction to reimburse the assisting agency for any actual costs of expenses incurred by the assisting agency performing hereunder. 0 The resources of facilities that are assigned shall be under the immediate command of a supervising officer designated by the assisting party. Such 4 supervising officer shall be under the direct supervision and command of the agency head or his designee of the agency requesting assistance. g) In accordance with Section 23.127(1), Florida Statutes, whenever the employees of the responding agencies are rendering aid outside their jurisdiction pursuant to this agreement, such employees shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the municipality in which they are normally employed or appointed. h) Each municipality will bear the liability arising from the acts undertaken by its personnel pursuant to this agreement. All of the privileges and immunity from liability, exemptions from laws, ordinances and rules, and all pension, insurance, relief, disability, workers compensation, salary, death, and other benefits which apply to the activity of such officers, agents, or employees of any such agency when performing their respective function within the territorial limits of their respective public agencies shall apply to them in the same degree, manner, and extent while engaged in the performance of any of their functions and duties extra- territorially under the provisions of this Mutual Aid Agreement. This section shall apply with equal effect to paid, volunteer, and auxiliary employees. i) Should either of the participating municipal police departments receive reimbursement for expenditures from a third party for a mutual aid event covered by this Agreement, the other participating municipal police department shall be eligible to receive an equitable reimbursement share for any actual costs or expenses incurred that are directly attributable to the event, provided such costs and expenses are authorized by the third party for reimbursement purposes. 6. Indemnification: The Town of Bay Harbor Islands shall hold harmless, defend and indemnify Aventura in any suit, action or claim for damages resulting from any and all the acts or conduct of The Town of Bay Harbor Islands employees, representatives, or agents performing under the terms of this Agreement. The City 5 of Aventura shall hold harmless, defend and indemnify The Town of Bay Harbor Islands in any suit, action or claim for damages resulting from any and all acts or conduct of Aventura's employees, representatives, or agents performing under the terms of this Agreement, subject to Chapter 768, Florida State Statutes. Nothing contained in this Agreement shall be construed or interpreted to be a waiver of sovereign immunity by either party. This provision shall not impair or preclude reimbursement of cost by the requesting law enforcement agency. 7. Forfeitures: It is recognized that during the course of the operation of this Agreement, property subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes, may be seized. The property shall be seized, forfeited, and equitably distributed among the participating agencies in proportion to the amount of investigation a n d participation performed by each agency. The municipality in which any property is seized pursuant to the Florida Contraband Forfeiture Act shall have priority to initiate forfeiture proceedings under the Florida Contraband Forfeiture Act for any matters which arise from a mutual aid event that is covered by this Agreement, but may allow the other municipality to prosecute the forfeiture with the written authorization of the legal counsel for each municipality. Upon a successful forfeiture prosecution, the forfeiting agency shall share the proceeds with the assisting agency in an amount commensurate with that agency's level of participation. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. 8. Conflicts: Any conflicts between this Agreement and the Florida Mutual Aid Act will be controlled by the provisions of the latter, whenever conditions exist that are within the definitions stated in Chapter 23, Florida Statutes. Whenever an officer is rendering assistance pursuant to this Mutual Aid Agreement, the officer shall abide by and be subject to the rules and regulations, personnel policies, general orders, and standard operating procedures of his/her own employer. If any such rule, regulation, personnel policy general order or standard operating procedure is contradicted, 6 contravened or otherwise in conflict with a direct order of a superior officer of the requesting agency, then such rule, regulation, policy, general order or procedure shall control and shall supersede the direct order. 9. Complaints: Whenever there is cause to believe that a complaint has arisen as a result of a mutual aid event as it may pertain to this Agreement, the Chief of Police or his/her designee of the requesting agency shall be responsible for the documentation of said complaint to ascertain at a minimum: a. The identity of the complainant. b. An address where the complaining party can be contacted. c. The specific allegation d. The identity of the employees accused without regard as to agency affiliation. If it is determined that the accused is an employee of the assisting agency, the above information, with all pertinent documentation gathered during the receipt and processing of the complaint, shall be forwarded without delay to the agency for administrative review. The requesting agency may conduct a review of the complaint to determine if any factual basis for the complaint exists and/or whether any of the employees of the requesting agency violated any of their agency's policies or procedures. 10. Effective Date and Duration: This Agreement shall be in effect from date of signing, through and including July 01, 2022. Under no circumstances may this Agreement be renewed, amended or extended except in writing. 11. Cancellation: This Agreement may be canceled by either party upon sixty-(60) day's written notice to the other party. Cancellation will be at the discretion of the chief executive officers of the parties hereto. AGREED AND ACKNOWLEDGED this day of 2017 ../ ar City Manager, City Mana City of Aventura, Florida Town of Bay Harbor Islands, Florida ATTEST: ATTEST: Al /r. i City Clerk, City Clerk, City of Aventura, Florida Town of Bay Harbor Islands, Florida APPROVED AS TO FORM AND LEGAL SUFFICENCY: I( tN City Attorney, &ly Attorney, City of Aventura, Florida Town of Bay Harbor Islands, Florida 8 JOINT DECLARATION BETWEEN THE CITY OF AVENTURA AND THE TOWN OF BAY HARBOR ISLANDS PURSUANT TO A MUTUAL AID AGREEMENT A police officer of either of the participating law enforcement agencies shall be considered to be operating under the provisions of the mutual aid agreement when: • Participating in law enforcement activities that are preplanned and approved by each respective agency head, or • Appropriately dispatch in response to a request for assistance from the other law enforcement agency. In compliance with and under the authority of the Mutual Aid Agreement heretofore entered into by the City of Aventura, Florida and the Town of Bay Harbor Islands, Florida, it is hereby declared that the following list comprises the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant to the agreement. Said list may be amended or supplemented from time to time as needs dictate by subsequent declarations. 1. Joint multi-jurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trails, political conventions, labor disputes, and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd control measures including, but not limited to, large-scale evacuations, aircraft and shipping disaster, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electronical power failures. 5. Terrorist activities including, but not limited to, act of sabotage. 6. Escapes from or disturbances within detention facilities. 7. Hostage and barricaded subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back-ups to emergency and in-progress calls, pursuits, and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events; e.g., sporting events, concerts, parades, fairs, festivals and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization of specialized units; e.g., underwater recovery, aircraft, canine, motorcycle, bomb, crime scene, marine patrol, and police information. 15. Joint training in areas of mutual need. 16. Joint multi-jurisdictional marine interdiction operations. The following procedures will apply in mutual aid operations: 1. Mutual aid requested or rendered will be approved by the Chief of Police or designee. 2. Specific reporting instructions for personnel rendering mutual aid should be included in the request for mutual aid. In the absence of such instructions, personnel will report to ranking on-duty supervisor on the scene. 3. Communications instructions will be included in each request for mutual aid. 4. Incidents requiring mass processing of arrestees, transporting prisoners, and operating temporary detention facilities will be handled per established procedures. AGREED TO AND ACKNOWLEDGED this day of , 2017 Eric M. Soroka Ronal asson City Manager Town Manager City of Aventura Town of Bay Harbor Islands Date: Date: =rya /eg Sean Hemi gway Chiof P. e Chief of P lice Cit sf Aventura Town o Bay Harbor Islands �� j- Date: 07 Date: 1 2"i ATTEST: ATTEST: City Clerk Tow erk / City of Aventura Town of Bay Harbor Islands Date: Date: 4// 3/17 Approved as to form Approved as to form and legal sufficiency: and legal suffici= cy: A City Attorney Town • orney City of Aventura Town of Bay Harbor Islands Date: Date: 6— -� CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM, Ci anag r DATE: July 11, 2017 SUBJECT: Law Enforcement Mutual Aid :re ment Between the City and the City of North Miami Beach July 17, 2017 City Commission Meeting Agenda Item SD RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing execution of the Law Enforcement Mutual Aid Agreement with the City of North Miami Beach. BACKGROUND In order to improve cooperative relationships between law enforcement agencies and provide a mechanism to share police resources in the event of emergencies or certain demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows agencies to enter into Police Services Mutual Aid Agreements. The various departments use a basic Mutual Aid Agreement. The following list comprises the circumstances and conditions under which mutual aid may be requested: 1. The joint multijurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from disturbances within detention facilities. 7. Hostage and barricade subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back-ups to emergency and in-process calls, pursuits, and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events, e.g., sporting events, concerts, parades fairs, festivals and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization for specialized units, e.g., underwater recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol, and police information. 15. Joint training in areas of mutual need. The Agreement is beneficial in our mission to protect the safety and quality of life of our residents. If you have any questions, please feel free to contact me. EMS/act Attachment RESOLUTION NO. 2017- 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 NORTH MIAMI BEACH FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized on behalf of the City of Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between the City of Aventura and the City of North Miami Beach for law enforcement activities in substantially the form as attached hereto. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described in Section 1 above, and to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman City of Aventura Resolution No. 2017- PASSED AND ADOPTED this 17th day of July, 2017. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT BETWEEN THE CITY OF NORTH MIAMI BEACH, FLORIDA AND THE CITY OF AVENTURA, FLORIDA This Voluntary Cooperation and Operational Assistance Mutual Aid Agreement ("Cooperation Agreement") is made as of this day of , 2017 (Effective Date), by and between the City of North Miami Beach, Florida, a municipal corporation having its principal office at 17011 NE 19th Avenue, 4th Floor, North Miami Beach, Florida 33162, and the City of Aventura, Florida having its principal office at 19200 West Country Club Drive, Aventura, Florida, state as follows: RECITALS WHEREAS, it is the responsibility of the governments of the City of Aventura, Florida, and the City of North Miami Beach, Florida, to ensure the public safety of their respective citizens by providing adequate levels of police services to address any foreseeable routine or emergency situation; and WHEREAS, because of the existing and continuing possibility of the occurrence of law enforcement problems and other natural and man-made conditions which are, or are likely to be, beyond the control of the services, personnel, equipment, or facilities of the City of Aventura Police Department or the City of North Miami Beach Police Department; and WHEREAS, in order to ensure that preparation of these law enforcement agencies will be adequate to address any and all of these conditions, to protect the public peace and safety, and to preserve the lives and property of the people of the City of Aventura, Florida, and the City of North Miami Beach, Florida; and WHEREAS, it is to the advantage of each law enforcement agency to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to: (1) Continuing, multi jurisdiction law enforcement problems, so as to protect the public peace and safety, and preserve the lives and property of the people; and (2) Intensive situations including but not limited to emergencies as defined under Section 252.34 of the Florida Statutes, or requests for certain law enforcement services specified herein and as defined under Section 23.1225 of the Florida Statutes; and WHEREAS, the City of Aventura and the City of North Miami Beach have the voluntary cooperation and assistance authority under the Florida Mutual Aid Act, Sections 23.12-23.127 of the Florida Statutes, to enter into this Voluntary Cooperation and Operational Assistance Mutual Aid Agreement ("Cooperation Agreement") for law enforcement service which: (1) Permits voluntary cooperation and operational assistance of a routine law enforcement nature across jurisdictional lines as allowed under Section 23.1225, of the Florida Statutes; and (2) Provides for rendering of assistance in a law enforcement emergency as defined in Section 252.34 of the Florida Statutes. NOW THEREFORE, BE IT KNOWN that the City of Aventura, Florida, and the City of North Miami Beach, Florida, in consideration for mutual promises to render valuable aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions: SECTION I. PROVISIONS FOR VOLUNTARY COOPERATION Each of the aforesaid law enforcement agencies hereby approve and enter into this Cooperation Agreement whereby each of the agencies may request and render law enforcement assistance to the other in dealing with any violations of Florida Statutes to include, but not necessarily be limited to, investigating sex offenses, robberies, assaults, batteries, burglaries, larcenies, gambling, motor vehicle thefts, drug violations pursuant to Chapter 893 of the Florida Statutes, backup services during patrol activities, and interagency task forces and/or joint investigation as set forth pursuant to, and under the authority of Chapter 23 of the Florida Statutes. SECTION II. PROVISIONS FOR OPERATIONAL ASSISTANCE The aforesaid law enforcement agencies hereby approve and enter into this Cooperation Agreement whereby each of the agencies may request and render law enforcement assistance to the other to include, but not necessarily be limited to dealing with, the following: 1. Joint multi-jurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations and assemblies, controversial trials, political conventions, labor disputes,and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from, or disturbances within, prisoner processing facilities. 7. Hostage and barricaded subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back-ups to emergency and in-progress calls, pursuits, and missing person calls. 9. Enemy attack. 10.Transportation of evidence requiring security. 11.Major events, e.g., sporting events, concerts, parades, fairs, festivals, and conventions. 12.Security and escort duties for dignitaries. 13.Incidents requiring utilization of specialized units; e.g., underwater recovery, aircraft, canine, motorcycle, bomb, crime scene and police information. 14.Emergency situations in which one agency cannot perform its functional objective. 15.Joint training in areas of mutual need. 16.Joint multi-jurisdictional marine interdiction operations. The following procedures will apply in mutual aid operations: 1. Mutual aid requested or rendered will be approved by the Chief of Police, or designee. 2. Specific reporting instructions for personnel rendering mutual aid will be included in the request for mutual aid. In the absence of such instructions, personnel will report to the ranking on-duty supervisor on the scene. 3. Communications instructions will be included in each request for mutual aid and each agency's communications centers will maintain radio contact with each other until the mutual aid situation has ended. 4. Incidents requiring mass processing of arrestees, transporting prisoners, and operating temporary detention facilities will be handled per established procedures of the requesting agency, or directors involved. SECTION III. PROCEDURE FOR REQUESTING ASSISTANCE AND LIMITATIONS OF ASSISTANCE In the event that a party to this Cooperation Agreement is in need of assistance as set forth above, the Chief of Police or his/her designee, shall notify the Chief of Police or his/her designee from whom such assistance is requested. The Chief of Police or authorized agency representative whose assistance is sought shall evaluate the situation and the agency's available resources, consult with his/her supervisors, if necessary, and will respond in a manner he/she deems appropriate. The Chief of Police in whose jurisdiction assistance is being rendered may determine who is authorized to lend assistance in his/her jurisdiction, for how long such assistance is authorized, and for what purpose such authority is granted. This authority may be granted either verbally or in writing as the particular situation dictates. Should a law enforcement officer be in another subscribed agency's jurisdiction for matters of a routine nature, such as traveling through the area on routine business, attending a meeting or going to or from work, and a violation of Florida Statutes occurs in the presence of said party, representing his/her respective agency, HE/SHE SHALL ONLY BE EMPOWERED TO RENDER ENFORCEMENT ASSISTANCE AND ACT IN ACCORDANCE WITH FLORIDA LAW. Should enforcement assistance be taken, said party shall notify the agency having normal jurisdiction, and upon the latter's arrival, turn the situation over to them and offer any assistance requested, including but not limited to, a follow-up written report documenting the event and the actions taken. This provision, so prescribed in this paragraph, shall not grant general authority to conduct investigations, serve warrants, and/or subpoenas or to respond without request to emergencies already being addressed by the agency of normal jurisdiction, but is intended to address critical, life-threatening or public safety situations, prevent bodily injury to citizens, or secure apprehension of criminals whom the law enforcement officer may encounter and such encounter results in a breach of the peace. The parties acknowledge that the policy of the Florida Mutual Aid Act is to provide a means to deal with disasters, emergencies, and other major law enforcement problems. This Cooperation Agreement shall not extend police powers beyond the specific additional authority granted by the Legislature in Chapter 23 of the Florida Statutes, which intent was to assure the continued functioning of law enforcement in times of emergencies or in areas where major law enforcement efforts were being thwarted by jurisdictional barriers, and the respective parties, police officers and authority are limited to those instances where the subject matter of the investigation originates inside the municipal city limits. SECTION IV. COMMAND AND SUPERVISORY RESPONSIBILITY The personnel and equipment that are assigned by the assisting Agency shall be under the immediate command of a supervising officer designated by the assisting Agency. Such supervising officer shall be under the direct supervision and command of the Chief of Police or his/her designee of the agency requesting assistance. SECTION V. CONFLICTS Whenever an officer is rendering assistance pursuant to this Cooperation Agreement, the officer shall abide by and be subject to the rules and regulations, personnel policies, general orders, and standard operating procedures of his/her own employer. If any such rule, regulation, personnel policy general order or standard operating procedure is contradicted, contravened or otherwise in conflict with a direct order of a superior officer of the requesting agency, then such rule, regulation, policy, general order or procedure shall control and shall supersede the direct order. SECTION VI. HANDLING COMPLAINTS Whenever there is cause to believe that a complaint has arisen as a result of a cooperative effort as it may pertain to this Cooperation Agreement, the Chief of Police or his/her designee of the requesting agency shall be responsible for the documentation of said complaint to ascertain at a minimum: 1. The identity of the complainant. 2. An address where the complaining party can be contacted. 3. The specific allegation. 4. The identity of the employees accused without regard as to agency affiliation. If it is determined that the accused is an employee of the assisting agency, the above information, with all pertinent documentation gathered during the receipt and processing of the complaint, shall be forwarded without delay to the agency for administrative review. The requesting agency may conduct a review of the complaint to determine if any factual basis for the complaint exists and/or whether any of the employees of the requesting agency violated any of their agency's policies or procedures. SECTION VII. LIABILITY Each party engaging in any mutual cooperation and assistance, pursuant to this Cooperation Agreement, agrees to assume full and final responsibility for the acts, omissions or conduct of such party's own employees while engaged in rendering such aid pursuant to this Cooperation Agreement, subject to the provisions of Section 768.28 of the Florida Statutes,where applicable. SECTION VIII. POWERS, PRIVILEGES, IMMUNITIES AND EXPENDITURES (a) Employees of the City of Aventura and the City of North Miami Beach, when actually engaging in mutual cooperation and assistance outside of their normal jurisdictional limits but inside this State, under the terms of this Agreement, shall pursuant to the provisions of Section 23.127(1) of the Florida Statutes (as amended), have the same powers, duties, rights, privileges and immunities as if the employee was performing duties inside the employee's political subdivision in which normally employed. (b) Each party agrees to furnish necessary personnel equipment, resources and facilities and to render services to each other party to this Cooperation Agreement as set forth above; provided however, that no party shall be required to deplete unreasonably its own personnel, equipment, resources, facilities, and services in furnishing such mutual aid. (c) A party that furnishes equipment pursuant to this Cooperation Agreement must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. (d) The agency furnishing aid pursuant to this Cooperation Agreement shall compensate its appointees/employees during the time such aid is rendered and shall defray the actual travel and maintenance expenses of its employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. (e) To the extent provided by applicable law, ordinance, or rule, the privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, worker's compensation, salary, death and other benefits that apply to the activity of an employee of an agency when performing the employee's duties within the territorial limits of the employee's agency apply to the employee to the same degree, manner, and extent while engaged in the performance of the employee's duties extraterritorially under the provisions of this Cooperation Agreement. The provisions of this section shall apply to paid, volunteer, and reserve employees. (f) Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting agency for any actual costs or expenses incurred by the assisting agency performing hereunder. (g) Should the City of Aventura receive reimbursement for expenditures from a third party for a mutual aid event covered by this Cooperation Agreement, the City of North Miami Beach shall be eligible to receive an equitable reimbursement share for any actual costs or expenses incurred that are directly attributable to the event, provided such costs and expenses are authorized by the third party for reimbursement purposes. (h) Should the City of North Miami Beach receive reimbursement for expenditures from a third party for a mutual aid event covered by this Cooperation Agreement, the City of Aventura shall be eligible to receive an equitable reimbursement share for any actual costs or expenses incurred that are directly attributable to the event, provided such costs and expenses are authorized by the third party for reimbursement purposes. (i) The municipality/agency in which any property is seized pursuant to the Florida Contraband Forfeiture Act shall have exclusive authority to initiate forfeiture proceedings under the Florida Contraband Forfeiture Act for any matters which arise from a mutual aid event that is covered by this Cooperation Agreement. However, the municipality/agency with the right to proceed with the forfeiture may allow the other municipality/agency to prosecute the forfeiture with the written authorization of the Chief of Police and the legal counsel for each municipality/agency. The municipality/agency pursuing the forfeiture action shall have the exclusive right to control and the responsibility to maintain the property, including, but not limited to, the complete discretion to bring the action, or to dismiss the action, or settlement the forfeiture. The property shall be seized and forfeited in accordance with this agreement, and the proceeds, if any, shall be equitably distributed among the participating municipalities/agencies in proportion to the amount of investigation and participation performed by each municipality/agency, less the costs associated with the forfeiture action. Any participating municipality/agency must request sharing, in writing before the entry of the Final Order of Forfeiture, or they will be barred from claiming any portion of the property forfeited. SECTION IX. INSURANCE Each party shall provide satisfactory proof of liability insurance by one or more of the means specified in Section 768.28(16)(a) of the Florida Statutes (2010), in an amount which is, in the judgment of the governing body of that party, at least adequate to cover the risk to which that party may be exposed. Should the insurance coverage, however provided, of any party be canceled or undergo material change, that party shall notify all parties to this agreement of such change within ten (10) days of receipt of notice or actual knowledge of such change. SECTION X. EFFECTIVE DATE This Agreement shall take effect upon execution and approval by both parties and shall continue in full force and effect until July 31, 2020. Under no circumstances may this agreement be renewed, amended, or extended except in writing. SECTION Xl. CANCELLATION Either party may cancel its participation in this Agreement at any time upon delivery of written notice to the other party. In witness whereof, the parties hereto cause to these presents to be signed on the date specified. AGREED TO AND ACKNOWLEDGED this day of , 2017. CITY OF NORTH )IAMI BEACH CITY OF AVENTURA WILLIAM nit.- ANDE BRYAN PEGUES CHIEF • POLICE CHIEF OF POLICE Date: Date: ANCIA, ICMA-CM ERIC M. SOROKA, ICMA-CM CITY MANAGER CITY MANAGER Date: C. It PIP: • 11 Date: Sa Date: .11, ?ST: /IL r t.'' • •AMF_LA LA-41.7 •= ELLISA L. HORVATH, MMC CITY CLE K CITY CLERK Date: ' I i Date: SIGNED AS TO FOR LANGUAGE, SIGNED AS TO FORM, LANGUAGE • ITY AND EX UTION T EREOF LEGALITY AND EXECUTION THEREOF 6 I ItteSE • HES' . DAVID WOLPIN, ESQ. $tCITYA •RNE CITY ATTORNEY CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM, C • . . : r THRU: Joseph S. Kroll, Public Work and Tr. nsportation Director BY: Antonio F. Tomei, Capital Proje. s :nager DATE: July 6, 2017 SUBJECT: Dedication of Drainage Easement Agreement from Aventura Land Ventures, LLC for Park Square Development July 17, 2017 City Commission Meeting Agenda Item SE Recommendation It is recommended that the City Commission adopt the attached Resolution accepting a drainage easement dedication from Aventura Land Ventures, LLC for the Park Square Development. Background A drainage easement is necessary to allow access and maintenance of a portion of a City drainage system that was previously located in a right-of-way between NE 29th Avenue and NE 30th Avenue, abutting the south side of NE 207th Street and the north property line of the Park Square site. Said right-of-way included City drainage conduit that needed to be relocated onto the Park Square site due to its conflict with proposed Park Square improvements. If you have any questions or need any additional information, please feel free to contact me. RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA PROVIDING FOR ACCEPTANCE OF DEDICATION OF EASEMENTS FROM AVENTURA LAND VENTURES, LLC TO THE CITY OF AVENTURA TO ACCESS AND MAINTAIN ITS DRAINAGE SYSTEM ON THE PARK SQUARE DEVELOPMENT SITE; AUTHORIZING THE CITY MANAGER TO EXECUTE INSTRUMENTS CONCERNING DEDICATION; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDNG FOR AN EFFECTIVE DATE. NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1: That the easement dedication, as reflected on the attached documents, is hereby accepted and the City Manager is hereby authorized to cause such easements to be recorded in the Official Records of Miami-Dade County, Florida, subject to confirmation by the City Attorney as to the legal form and sufficiency of the Dedication and instrument of conveyance. Section 2: The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 3: That this Resolution shall be effective immediately upon adoption hereof. The foregoing resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg _ Mayor Enid Weisman City of Aventura Resolution No. 2017-_ PASSED AND ADOPTED THIS 17th day of July, 2017. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 This instrument was prepared by: Name: Michael J.Marrero,Esq. Address: 200 S.Biscayne Blvd,Suite 850 Miami,Florida 33131 For Recording Purposes Only DEDICATION OF DRAINAGE EASEMENT AGREEMENT THIS DEDICATION OF DRAINAGE EASEMENT AGREEMENT (the "Agreement") is made this day of 2017, by and between AVENTURA LAND VENTURES, LLC, a Florida limited liability company, having an address at 150 SE 2vd Avenue, Suite 800, Miami, Florida 33131 (hereinafter referred to as the "GRANTOR") and CITY OF AVENTURA, a Florida municipal corporation, having an address at 19200 West Country Club Drive, Aventura, Florida 33180, and its heirs, successors and/or assigns (hereinafter referred to as the"GRANTEE"). RECITALS: A. GRANTOR is the fee simple title owner of certain real property located in Miami- Dade County, Florida, more particularly described in Exhibit"A" attached hereto and by reference made a part hereof(the"Grantor's Property"). B. GRANTEE desires to construct and install certain water drainage facilities, and all appurtenances thereto (collectively, "Improvements"), within a portion of Grantor's Property more particularly depicted in Exhibit "B" attached hereto and made a part hereof (hereinafter the "Drainage Easement Property"). C. GRANTOR desires to dedicate and perpetually grant an easement to the GRANTEE over, under, across, and upon the Drainage Easement Property for access and for the construction, maintenance,repair, and replacement of the Improvements. NOW, THEREFORE, for and in consideration of the premises and the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties hereto do hereby agree as follows: 1. Recitals. The parties acknowledge that the foregoing recitals are true and correct and hereby incorporated into this Agreement as if fully set forth herein. 2. Grant of Easement. GRANTOR does hereby dedicate and grant to the GRANTEE a perpetual easement for ingress, egress and access upon, over, under, and across Drainage Easement Property with the right and authority to install, construct, inspect, reconstruct, operate, relocate, replace, improve, remove, repair and maintain the Improvement, provided that such work shall be done in a diligent and timely manner. 3. Improvements and Restoration. GRANTOR, and its successors and assigns, shall not build, install, construct or create, or permit others to build, install, construct or create any improvements, buildings, fixtures, structures, facilities or any other obstructions (including fences or walls) within the Drainage Easement Property that may interfere with the operation of the Drainage Easement Property for drainage purposes or interfere with or restrict in any manner the installation, operation, maintenance, repair and/or replacement of the Improvements as set forth herein. GRANTEE shall not be responsible for any damage to improvements now or hereafter existing within the Drainage Easement Property, including, but not limited to, (i) sidewalks, pavement, landscaping, signage, irrigation equipment, machinery, or any other improvements, and (ii) facilities within the Drainage Easement Property constructed by other utilities, including but not limited to BellSouth, Florida Power & Light Company, Cable Communications Providers, AT&T Corporation, and Comcast Corporation, which damage may result from the GRANTEE's access to or repair or maintenance of the Improvements. 4. Reservation of Entitlements and Development Rights. GRANTEE covenants and agrees that the GRANTOR retains and reserves onto itself all development rights to the Drainage Easement Property and that the dedication and granting of this easement shall not modify, amend, impact or change the existing zoning requirements or site development requirements (including but not limited to floor area ratio, lot coverage, setbacks, buffers, open/impervious space, or landscaping) for the Grantor's Property. In addition, the GRANTEE covenants and agrees that the requirements for all building and site permits for the Grantor's Property will not be modified, amended, impacted or changed because of such dedication and granting of the drainage easement, including any storm water storage and treatment requirements and/or calculations. Notwithstanding the foregoing GRANTOR's reservation of development rights shall not interfere with the operation of the Drainage Easement Property for drainage purposes or interfere with or restrict in any manner the installation, operation, maintenance, repair and/or replacement of the Improvements. 5. Warranties and Representations. GRANTOR does hereby warrant and represent to GRANTEE,that(a) it is lawfully seized and possessed of the Drainage Easement Property; (b)it has good and lawful title to the Drainage Easement Property and the right to enter into this Agreement and convey the non-exclusive and perpetual rights granted herein to GRANTEE; and(c) any and all applicable corporate, partnership, trust or other required authorizations, approvals or consents have been obtained and no other authorizations, approvals or consents are required to effectuate GRANTOR's execution and delivery of this Agreement. GRANTOR acknowledges and agrees that GRANTEE is materially relying upon the warranties and representation made by GRANTOR in this Agreement. 6. Covenants Running with the Land. This Agreement, and the rights and interests created herein, shall run in perpetuity with the land and shall be binding upon and inuring to the 2 benefit of the parties hereto and their respective,heir,successors and assigns. 7. Indemnification. GRANTOR does hereby indemnify and hold GRANTEE harmless from the operation,maintenance and any repair or replacements required to be made to the Improvements and work performed or installed by GRANTEE pursuant to this Agreement due to the acts or omissions of GRANTOR its licensees,agents and independent contractors. 8. Miscellaneous. This Agreement shall be construed under the laws of the State of Florida. GRANTEE shall, at GRANTEE'S cost and expense, record this Agreement and any amendments hereto in the Public Records of Miami-Dade County, Florida This Agreement may only be modified, supplemented or revised in writing signed by the parties, or their successors or assigns, and any modification shall be effective only upon recordation in the Public Records of Miami-Dade County,Florida. [SIGNATURE PAGE TO FOLLOW] 3 IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by its duly authorized officer or representative as of the day and year written below their signature. WITNESSESS: GRANTOR: SIGNED,SEALED AND DELIVERED AVENTURA LAND VENTURES, LLC,a IN THE PRESENCE OF: Florida limited liability company By: Aventura Land Ventures Its: General Partner Print Name By: ���`/Pr ✓ / Name: ,L'P 'S6-✓ 4 f1/4 'le Title: A144,74- . Print 1 f*9 Zt1- Print Name Date Executed: 97764r`�C7 STATE OF FLORIDA / 7z� COUNTY OF Whoa" - Dade The foregoing instrument was sworn and acknowledged before me this 0`2.9 day of Sune. , 2017, by Ne.lbon 5i-obi IP , , in his capacity as General Partner Aventura Land Ventures, LLC, a Florida limited liability company, who a;ecuted the foregoing document on behalf of the corporation and partnership, and who is [✓] erso known to me or who has [ ] produced ��``�^`Q'�''aas identification. [SEAL] `yet,. t f '• . No ublic, State o o i71 Nicolle A. Mcaci aS Kiel.) NICOLLE A. MACIAS� Print Name of Not -1J MY COMMISSION NFF1Sr513 Commission No. I%-35}"� +tai. � EXPIRES January 5,2019 Commission Expires: Tan 5a [9 (407) aw FWrkeNularySeMca.com I O WITNESSESS: GRANTEE: SIGNED,SEALED AND DELIVERED CITY OF AVENTURA,a Florida municipal IN THE PRESENCE OF: corporation By: Name: Print Name Title: Print Name Date Executed: ATTEST: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was sworn and acknowledged before me this day of , 2017,by , as of CITY OF AVENTURA, a Florida municipal corporation, and who is [ ] personally known to me or who has [ ] produced as identification. [SEAL] Notary Public, State of Print Name of Notary Commission No. Commission Expires: EXHIBIT"A" Sketch and Legal Description of Grantor's Property Exhibit"A" LEGAL DESCRIPTION: A portion of Block 17 of HALLANDALE PARK NO.8,according to the Plat thereof,as recorded in Plat Book 20 at Page 49 of the Public Records of Miami-Dade County, Florida,TOGETHER WITH those portions of the vacated alleys lying within said Block 17 AND a portion of Block 18 of said HALLANDALE PARK NQ.8, TOGETHER WITH those portions of the vacated alleys lying within said Block 18 and lying South of the South Right-of-Way line of Waterways Boulevard,AND Tract 1.of LAURANNA, according to the Plat thereof,as recorded in Plat Book 76 at Page 31,TOGETHER WITH those vacated portions of N.E. 205th Street and N.E. 206th Street that are adjacent to said Blocks 17 and 187AND a portion of land bounded by on the North by a line 81.00 feet South of and parallel or concentric with the North line of Waterways Boulevard as shown on AVENTURA CORPORATE CENTER,according to the plat thereof, as recorded in Plat Book 158, Page 47, and bounded on the South by the North line of Block 18, HALLANDALE PARK NO. 8, according to the plat thereof,as recorded in Nat Book 20 at Page 49,all being of the Public Records of Miami-Dade County, Florida, lying and being in the City of Aventura and being more particularly described as follows: Commence at the center of Section 34,Township 51 South, Range 42 East in the City of Aventura, County of Miami-Dade, Florida;thence South 00°52'30" East along the East line of the Southwest 1/4 of said Section 34 for 58.93 feet;thence South 89'07'30"West for 35.00 feet to the Southerly most Northeast corner of said Tract 1 of LAURANNA and the POINT OF BEGINNING of the hereinafter described parcel of land;thence South 00°52'30" East along the West Right-of-Way line of N.E.30th Avenue,also being the East line of said Tract 1 of LAURANNA and the Southerly prolongation thereof for 469.29 feet to a point on the centerline of N.E.205th Street,now vacated;thence North 89'53'41"West along said centerline for 280.64 feet;thence North 00'56'20" West for 25.00 feet to a point on the North Right-of-Way line of aforesaid N.E.205th Street;thence North 89'53'41"West along said North Right-of-Way line,also being the South line of said Block 17 for 299.35 feet to a point of curvature; thence Northwesterly along a 25.00 foot radius curve,leading to the right,through a central angle of 88°57'15"for an arc distance of 38.81 feet to a point of tangency,said point lying on the East Right-of- Way line of N.E.29th Avenue;thence North 00'56'26"West along said East Right-of-Way line and West line of said Block 17 for 226.08 feet;the following five (5)courses being along the revised East Right-of- Way line of N.E.29th Avenue as recorded in Official Records Book 29698, Page 409 of the Public Records of Miami-Dade County, Florida; (1)thence North 00'25'58'West for 177.92 feet; (2)thence North 22°58'02" East for 23.19 feet;(3)thence North 00'56'26"West for 32.30 feet; (4)thence North 24'12'46"West for 23.92 feet; (5)thence North 00°35'27"West for 63.70 feet to a point on a circular curve,concave to the Southeast and whose radius point bears South 68'22'48" East;thence Northeasterly along a 25.00 foot radius curve,leading to the right,through a central angle of 82'22'12" for an arc distance of 35.94 feet to a point of tangency,said point being on the South Right-of-Way line of Waterways Boulevard; thence South 76'00'36" East along said South Right-of-Way line for 54.55 feet, the following seven(7)courses being along revised the South Right-of-Way line of Waterways Boulevard as recorded in Official Records Book 29698, Page 403 of the Public Records of Miami-Dade County, Florida; (1)thence South 69'25'59" East for 31.48 feet;(2)thence South 62'03'53" East for 17.19 feet; (3)thence South 76'00'36" East for 187.89 feet to a point of curvature;(4)thence Southeasterly along a 1526.75 foot radius curve,leading to the left,through a central angle of 07'39'16"for an arc distance of 203.96 feet to a point on a non-tangent line;(5)thence South 00'52'30" East for 1.10 feet to the Northwest corner of said Tract 1 of LAURANNA;(6)thence South 89'50'24" East along th.. .,;l; -,;(21 ///�iii)% said Tract 1 for 70.42 feet to a point of curvature;(7)thence Southeasterly along a 25.00 foot radius curve, leading to the right,through a central angle of 88'57'54"for an arc distance of 38.82 feet to a point of tangency,said point being the Point of Beginning. LESS& EXCEPT Hotel Lot A portion of Lots 18, 19,20, 21, 22, 23,24, 25,26,27,28,29, 30, 31,32 and 33,Block 18,together with that portion of the 10 foot wide alley and NE 207th Street adjacent to said Lots in Block 18,of HALLANDALE PARK NO.8,according to the plat thereof,as recorded iiT'plat Book 20 at Page 49 of the Public Records of Miami-Dade County, Florida, being more particularly described as follows: Commence at the Southwest corner of said Lot 18;thence S 89'52'03"E along the North right of way line of N.E. 206th Street,also being the South line of said Lot 18 for 25.08 feet;thence N 00'00'00" E for 89.10 feet to the Point of Beginning;thence continue N 00'00100"E for 77.23 feet;thence N 90'00'00" E for 2.00 feet;thence N 00'00'00" E for 3.00 feet;thence S 90'00'00"W for 8.25 feet;thence S 00'00100" •W for 2.00 feet thence S 90'00'00"W for 8.97 feet;thence N 06'55'32"W for 22.31 feet;thence N 06'06'50" E for 25.63 feet;thence S 81'34'48"W for 26.16 feet;thence N 76'55'28"W for 16.60 feet; thence S 76'55'28"W for 16.58 feet;thence N 77'50'06"W for 17.79 feet;thence S 77'56'49"W for 17.96 feet;thence N 77'43'15"W for 17.63 feet;thence S 77'50'06"W for 17.79 feet;thence N 76'54'59"W for 16.57 feet;thence S 76'55'00"W for 16.59 feet;thence N 83'07'15"W for 31.94 feet; thence S 13'40'51" E for 23.44 feet;thence S 07'29'16"W for 18.65 feet;thence S 90'00'00"W for 1.98 feet;thence S 00'00'00"W for 3.00 feet;thence N 90'00'00" E for 2.00 feet;thence S 00'00'00"W for 79.04 feet;thence N 90'00'00" E for 27.33 feet;thence S 00600'00"W for 3.87 feet;thence N 90'00'00" E for 66.83 feet;thence N 00'00'00" E for 1.33 feet;thence N 90'00'00" E for 109.67 feet to the Point of Beginning. AND LESS& EXCEPT ALF Lot A portion of the following: Lots 17, 18, 19,20,21,22,23,24, 27,28, 29,30 and 31, Block 17, HALLANDALE PARK NO.8, according to the plat thereof,as recorded in Plat Book 20 at Page 49, The 10 foot wide alley adjacent to said Lots in Block 17, All being recorded in the Public Records of Miami-Dade County, Florida, being more particularly described as follows: Commence at the Southeast corner of said Lot 17; thence N 89'53'41"W along the North right of way line of N.E.205th Street,also being the South line of said Lot 17 for 11.85 feet;thence N 00'00'00"E for 20.89 feet to the Point of Beginning;thence continue N 00'00'00" E for 65.08 feet;thence N 90'00'00" W for 82.75 feet;thence N 00'00'00" E for 48.42 feet;thence N 90'00'00"W for 121.50 feet;then 00'00100"W for 113.50 feet;thence 5 90'00'00" E for 204.25 feet to the Point of Beginning. ift tut 4 O r�qY tr The above described perimetrical boundary being below elevation +16.9 feet, relative to the National Geodetic Vertical Datum of 1929. AND: A portion of the following: Lots 17,18, 19, 20,21, 22,23,24,27, 28,29,30, 31 and 32,Block 17, HALLANDALE PARK NO.8, according to the plat thereof,as recorded in Nat Book 20 at Page 49, The 10 foot wide alley adjacent to said Lots in Block 17, '.., All being recorded in the Public Records of Miami-Dade County,Florida, being more particularly described as follows: Commence at the Southeast corner of said Lot 17;thence N 89'53'41"W along the North right of way line of N.E.205th Street,also being the South line of said Lot 17 for 6.85 feet;thence N 00'00100"E for 15.90 feet to the Point of Beginning;thence continue N 00'00100" E for 75.08 feet;thence N 90600'00" W for 82.75 feet;thence N 00600'00" E for 48.42 feet;thence N 90°00'00"W for 131.50 feet;thence 5 00600'00"W for 123.50 feet;thence S 90'00'00" E for 214.25 feet to the Point of Beginning. The above described perimetrical boundary being above elevation+16.9 to 139.3 feet, relative to the National Geodetic Vertical Datum of 1929. / / Y �uu Q� _ , .006„ . . .. EXHIBIT"B" Sketch and Legal Description of the Drainage Easement Property EXHIBIT"Al' LEGAL DESCRIPTION: 15' Wide Drainage Easement A fifteen (15) foot wide Drainage Easement across a portion of the following: Lots 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 36, 37, 38, 39. 40, 41 and 42 of Block 18, HALLANDALE PARK No. 8, according to the plat thereof, as recorded in Plat Book 20 at Page 49, The 10 foot wide alley adjacent to said Lots in Block 18, N.E. 207th Street adjacent to said Block 18, All being recorded in the Public Records of Miami—Dade County, Florida, being more particularly described os follows: Commence at the Northwest corner of said Lot 25 of Block 18; thence S 00'56'26" E along the Eost right of way line of N.E. 29th Avenue, also being the West line of said Lot 25 of Block 18 for 32.12 feet to the Point of Beginning of the hereinafter described centerline of a fifteen (15) foot wide Drainage Easement; thence S 90'00100" E for 327.12 feet; thence N 00'00'00" E for 121.97 feet; thence N 50'02'56" E for 38.28 feet; thence S 88'37'34" E for 74.59 feet to the Point of Termination. NOTE: Side lines of the foregoing strips of land are to be lengthened or shortened so as to create a continuous 15.00 foot wide strip of land. SURVEYOR'S NOTES: — This site lies in Section 34, Township 51 South, Range 42 East, City of Aventura, Miami—Dade County, Florida. — Bearings hereon are referred to on assumed value of S 00'56'26" E for the East right of way line of N.E. 29th Avenue. — Lands shown hereon were not abstracted for easements and/or rights—of—way of records. — This is not o "Boundary Survey" but only a graphic depiction of the description shown hereon. — Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2006-099-1. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was mode under my responsible charge on June 16, 2017, and meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. 'Not valid without the signature and the original raised seal of a Florida Licensed Survey!and Mapper' FORTIN, LEAVY, SK(LES, INC., LB3653 7/ / ) 2 _ aniel C. Fortin, For Th Firm Surveyor and Mapper, LS2853 State of Florida. 'Drawn By MAP " [LEGAL DESCRIPTION, NOTES& CERTIFICATION (Date 6/16/17 Cad. No. 140434 Scale NOT TO SCALE Ret. Dwg. FORTIN, LEAVY, S KILES, INC. Job. No. 170641 2006-099-1 CONSULTING ENGINEERS, SURVEYORS & MAPPERS REV.1 170641 FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 Dwg. Na. 1014-020-7 ISO Northeast I61th. Street/North Miami Beach, Florida. 33162 Plotted: 6/16/17 2:09p Phone: 305-653-4493/Fax 305-651-7152/Email n.@3nssurvey.com Sheet 1 of 3 EXHIBIT "A" TRACT "A" GRAPHIC SCALE AVENTURA CORPORATE CENTER 0 ee lm II I PLAT BOOK 158 PAGE 47 I `� wgTER „ ( 1H 1 ) �Q i�IP I,1' ` t mon . loo TL ¢3?� 1"HY\q VS BO / CI' POINT OF I I U~$ VACATED ww Btu "lc"r or lyU`` VgRD� TERMINATION I 38.28' ::° T 4"E i1N N.E. 207TH STREET (PUBLIC RIGHT OF WAY) 74591 _____________ P5 (ROAD NOT BUILT) (ROSELAND BOULEVARD-PUT) 1 1 T I—I 7 T 1— I—I T /` "— 8,giIg1sl ; lollsl l4 2 2 s SIM a : 11I ss Cr i St;IE I II B j L I 0 I c 1K 181 6 gel '9�i°''T 1 I JII I U =i" s — _ 1�} DRA AQ[A ISF1Fl1=IT 7AILEY— T I -I = FI �. F g S¢ d o n x n q e o .� _ _111 w —e I61 I � I I 6T, 3 W I `9 g `9 `0 6 'a `2 8^ '9 g 6 HALLANDALE PARK NO.8 X Ow 6 bm �__L_ IJ _� p( '� IJ 1 L 1�K p_ B IJ lore / CDCD Z2 §m SS —POINT OF S X27.97 N.E. 206TH STREET FORTIN,LEAVY,SKILES,INC. (SUNSET BOULEVARD-PUT) x OU g >^ BEGINNING (ROAD NOT BUILT) DRAWING#2006-099-1 (PUBLIC RIGHT OF WAY o aGIsiaiY , 11TTTTITTTTITTT1cn all w C HALLANDALE PARK NO.8 d m .� a a 8: R R R p x PLA BOCIX Oy 49 a wrz w =a 91sl � lsl � lsl � l61s1 � 1 � Is 1 � � o �s"9�o1 � c Z ZF � _ LILLLI�IOICK1171_1 1 I 1 I _IIt o Tgi 1s — TTTTIT � TTI—ITTTI � � r ( 1- Q LOH C 0 61st ° 1 16 l sl 816- l 8 l gHIgHlsislgl 8 l 1— "— n w h < \ I I I I 1 I I IL _1LI_1 L_LOU _� Z U w e X --- N.E. 205TH STREET (BERKSHIRE DRIVE-PLAT) _ Fd i_ (PUBLIC RIGHT OF WAY) 'Drawn By MAP SKETCH OF DESCRIPTION Date 6/16/17 Cad. No. 140434Scele 1"=190' Ref. Dwg. FORTIN, LEAVY, S KILES, INC. Job. No. 170641 2006-099-1 CONSULTING ENGINEERS, SURVEYORS & MAPPERS REV.1 170641 FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 Dwg. Na 1014-020-7 1 80 Northeast 16Rth_ Street/ North Miami Bench, Florida. 33162 Plotted: 6/16/17 2:09p , Phone:305-653-4493/Fax 305-651-7152/Email aspnssurvey.com Sheet 2 of 3 • EXHIBIT "A" I s Q O �?� wATE RWAyg Bp co � I =FVARO NE 20 I H STREET • DRAINAGE uj,.._,..�, „ ,.,...,.... „ma EASEMENT Q W NE 206TH STREET 0 I- UI 0) > N W = Z. NE 205TH STREET l co Iw z 9 III, q\ • 'Drawn By MAP LOCATION SKETCH Date 6/16/17 Cad. No. 140434 ' ' "Seale-NOT TO SCALE Ref. Dwg. FORTIN, LEAVY, S KILES, INC. Job. No. 170641 2009-099-1 CONSULTING ENGINEERS, SURVEYORS & MAPPERS REV.1 170641 FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg. Na. 1014-020-7 180 Northeast 168th. Street/North Miami Beach, Florida. 33162 Plotted: 6/18/17 2:09p Phone: 305-653-4493/Fax 305-651-7152/Email nsCiAtlssuraey.com ebeet 3 of 3 MAF OF DRAINAGE SYSTEM AS-BUILT A sCrtv O.AvwiUMXM LOAOORComm. COFLORIDARE ..m }T 0 _ wpi Lt. ...n.n - ._.�n`` a ...4qL f�.vmm • p_._.. ,res. -- sae �.m —. 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Soroka, MA-CM City Manager BY: Joanne Carr, AICP Community Development Director DATE: July 14, 2017 SUBJECT: Request of Harry's Pizzeria III, LLC doing business as Harry's Pizzeria for Conditional Use Approval to allow the sale and service of alcoholic beverages at two cocktail lounge/bar areas within Harry's Pizzeria restaurant to be located in Tenant Space #956 of the Aventura Mall expansion at 19501 Biscayne Boulevard, City of Aventura (03-CU-17) July 17, 2017 City Commission Meeting Agenda Item (0 RECOMMENDATION It is recommended that the City Commission approve the conditional use application to allow sale and service of alcoholic beverages at two cocktail lounge/bar areas within the Harry's Pizzeria restaurant to be established in Tenant Space #956 in the Aventura Mall at 19501 Biscayne Boulevard, Aventura, subject to the following conditions: 1. This approval shall be granted exclusively to Harry's Pizzeria III, LLC, doing business as Harry's Pizzeria in Tenant Space #956 in the Aventura Mall expansion and may not be transferred to another owner and/or operator of the restaurant or to another location. 2. Alcoholic beverages shall be sold and served only in conjunction with service of food. 3. Customers will not be permitted to remove an individual glass of alcoholic beverage or any open container from the restaurant, but may purchase sealed bottles for off- premises consumption pursuant to the applicable State liquor license. 4. The applicant shall obtain an alcoholic beverage license from the State of Florida and begin sales and service of alcoholic beverages 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 at the written request of the applicant, provided that the applicant has filed the request for extension within the twelve (12) month period prior to expiration. 5. The applicant shall comply with the hours of operation allowed to bars and cocktail lounges for sale of alcoholic beverages for consumption on premises pursuant to Section 4-3(d) of the City Code; namely, between the hours of 8:00 a.m. and 1:00 a.m. the following day. 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. 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 alcoholic beverages for a period of 180 consecutive days shall constitute abandonment and shall rescind this approval. THE REQUEST The applicant, Harry's Pizzeria III, LLC, doing business as Harry's Pizzeria, is requesting conditional use approval to sell and serve alcoholic beverages in two cocktail lounge/bar areas within the Harry's Pizzeria restaurant to be established in Tenant Space #956 of the Aventura Mall expansion at 19501 Biscayne Boulevard, notwithstanding the distance and spacing requirements for sale and service of alcoholic beverages in Section 4-2(a) and (b) of the City Code. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Aventura Mall Venture APPLICANT Harry's Pizzeria III, LLC doing business as Harry's Pizzeria ADDRESS OF PROPERTY 19501 Biscayne Boulevard, City of Aventura (See Exhibit#2 for Location Map) LEGAL DESCRIPTION Tract R and a portion 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 (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, and 2 CF Community Facilities District, and TC1 Town Center District Properties to the East: B2 Community Business District, and RMF4 Multifamily High Density Residential 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 & Government Center Properties to the East: Retail, Office, Hotel, Residential 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 and Medium-High Density Residential Property to the West: Business and Office The Site — Harry's Pizzeria restaurant is proposed to be located in tenant space #956 on the ground floor of the Aventura Mall expansion wing currently under construction, as shown in Exhibit#4. The Project - Harry's Pizzeria is proposing to open a restaurant in Tenant Space #956 in the Aventura Mall expansion, which is currently under construction. The restaurant will have 3,170 square feet of floor area, with 80 seats at tables indoor, 34 seats at tables on the outdoor patio, 14 seats at the indoor pizza oven cocktail lounge/bar area and 7 seats at the second indoor cocktail lounge/bar area, for a total of 135 seats. Sales and service of alcoholic beverages is proposed at the indoor and outdoor tables and at the indoor cocktail lounge areas. The restaurant and the cocktail lounge are permitted uses in the B2, Community Business, zoning district. The proposed floor plan is attached as Exhibit#5 to this report. ANALYSIS Consistency with Comprehensive Master Plan - The request is consistent with the City of Aventura Comprehensive Plan. This establishment is located within property with a Business and Office land use designation. Citizen Comments — As of the date of writing of this report, the Community Development Department has received no citizen comments. 3 Community Development Department Analysis - Chapter 4 of the City Code regulates the sale and service of alcoholic beverages. Sections 4-2 (a) and (b) establish certain spacing and location requirements applicable to businesses selling alcoholic beverages. The Code provides that no premises shall be used for the sale 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 by City Code from the spacing requirements) and 2,500 feet from a religious facility or school, unless approved as a conditional use. Section 4-2 (e) of the City Code allows certain exceptions from this conditional use requirement. Dining rooms in restaurants in the B2 zoning district that serve cooked, full course meals, prepared daily on the premises, are one of the exceptions provided by this Code section. Cocktail lounges in restaurants are also an exception to the conditional use approval requirement, provided that the restaurant has 200 or more seats at tables, including bars or counters at which full course meals are available and provided that the restaurant has more than 4000 square feet of floor space. The dining room in the applicant's proposed restaurant meets the above exemption criteria of Section 4-2(e) of the City Code; however, conditional use approval is required for the applicant's proposed sale and service of alcoholic beverages at the cocktail lounge/bar areas in the restaurant because they do not meet the exemption requirement above; that is, 200 or more seats at tables and 4,000 square feet of floor space. The applicant's proposed restaurant has a total of 135 seats and 3,170 square feet of floor space. A liquor survey is required to show spacing and distance to other non-exempt establishments with an existing alcoholic beverage license and to religious facilities and schools. The applicant has submitted the liquor survey attached as Exhibit #6. The survey reveals four (4) establishments with an alcoholic beverage use (which establishments are not one of the uses listed as an exception from the spacing requirements of the City Code) within 1,500 feet; those being Walgreens Pharmacy, Caviar & More! cafe, Beluga Bar and Piacere News Café, one (1) religious facility and one (1) school within 2,500 feet; those being the Aventura Turnberry Jewish Center and the Tauber School at Aventura Turnberry Jewish Center. Criteria According to Section 31-73(c) of the City Code, a conditional use approval application is evaluated using the following criteria: 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. The business and office future land use designation accommodates the full range of sales and service activities. 2. The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. 4 The establishment, maintenance and operation of the proposed service and sale of alcoholic beverages at the interior cocktail lounge/bar areas within the restaurant 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 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 and existing uses within the Aventura Mall. 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 Aventura Mall is developed, with the expansion area approved and under construction. 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 proposed use is located within the Aventura Mall expansion area. 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 exist on Biscayne Boulevard, Aventura Boulevard, West Country Club Drive and NE 29 Avenue. 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 effects, including visual impacts of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. 5 The proposed use is within a proposed restaurant on the ground floor of a tenant space that is internal to the Aventura Mall expansion currently under construction. It will have no visual or other adverse effects on adjacent property. The Aventura Mall expansion is providing required setbacks, buffers, landscaping and other design criteria approved by the City. 6 • OBilzin Sumberg Brian S.Adler,Esq. Tel 305.3502351 Fax 305.351.2206 badlerc bilzin.com June 5, 2017 VIA E-MAIL AND FEDEX „6.4bktTyCom'^:L, -- Ms. Joanne Carr CITY OFA 't• n • City of Aventura Government Center JUN - 6 2017 19200 W. Country Club Drive, 4th Floor Aventura, Florida 33180 _ '1 '(114-17 Re: Harry's Pizzeria III, LLC - - ..D 3 . Space#956 in Aventura Mall Expansion Area 19501 Biscayne Boulevard, Aventura, Florida Dear Ms. Cam LETTER OF INTENT Please consider this our formal letter of intent in connection with an Application for Conditional Use for property located in the City of Aventura. I am pleased to represent Harry's Pizzeria III, LLC as the proposed tenant for space 956 for its newest proposed location within the Aventura Mall expansion area. Acclaimed James Beard award winning chef Michael Schwartz created Harry's Pizzeria as a neighborhood pizzeria featuring not only unique pizza and snacks, but also fresh salads and entrées. Chef Schwartz opened the first Harry's Pizzeria in 2011 to combine what is almost a universal love for pizza with the innovative and genuine cooking for which Chef Schwartz has become known. With unique chef-curated toppings and Michael Schwartz's signature touch, Harry's Pizzeria soon earned various accolades, including its Braised Short Rib pizza, named one of America's best pizzas The Daily Meal, and their Warm Brussels Sprouts and Stracciatella salad, selected as the Miami Herald's dish of the year. Food and Wine Magazine also recognized Harry's Pizzeria as one of the top 25 pizzerias in America. Such national acclaim is not new for Chef Schwartz, whose Michael's Genuine Food & Drink Restaurant has been recognized on several occasions by The New York Times as well as by various other media outlets. Michael Schwartz has helped shape the new era of Miami's dining scene, and with Harry's Pizzeria has changed how people think of pizza. With its original location in the Miami Design District, followed by Coconut Grove, and recently Downtown Dadeland, the Aventura Mall is the perfect location for Harry's Pizzeria's newest location. Pursuant to City of Aventura land development regulations Section 4-2, based on the size of the restaurant and the number of seats, the service of beer and wine requires conditional use approval based on the distance of the proposed use from other alcoholic beverage service MIAMI 5451005.18310V8490( Exhibit 1 03-CU-17 Bilzin Sumberg Baena Price&Axelrod LLP 1450 Bride!! Avenue, 23rd Floor, Miami, Florida 33131-3456 Ms.Joanne Carr 0 Bilzin Sumberg June 5,2017 Page 1 establishments, religious facilities and schools. The proposed bar area is entirely within the restaurant similar to the recent Pubbelly approval and is internal to the mall with the exception of the patio area which is not affected by the bar and is a significant distance from schools and religious facilities. Therefore we anticipate the conditional use approval having no negative impact on the surrounding community. Pursuant to City of Aventura Code Section 31-73(c) the property meets with seven enumerated criteria under the Code for conditional use approval. Specifically: 1. The Proposed Use shall be Consistent with the Comprehensive Plan. The request is consistent with the City of Aventura Comprehensive Plan as the Future Land Use Designation of the Aventura Mall is Business and Office. Business and Office uses contemplate restaurants and other entertainment establishments and the proposed use is in an ideal location within the mall. 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 proposed sale of beer and wine will not be detrimental to or endanger the public health, safety or general welfare of the community. There are numerous other establishments located within the Aventura Mall and the city that similarly sell beer and wine with their serviced meals. The proposed use is not anticipated to create any additional disturbance or impact on the neighboring community and in fact provides an opportunity for shoppers within the mall to have a relaxing meal with a beverage and then continue shopping. The Harry's Pizzeria chain which successfully operates facilities in numerous other jurisdictions within Miami-Dade County, has beer and wine service with their other facilities. They therefore are tuned to the requirements of operating a successful restaurant with beer and wine service. 3. The Proposed Use Shall be Consistent with the Community Character of the Immediate Neighborhood of the Proposed Use. The proposed restaurant is located within the expansion area of the Aventura Mall, and therefore the immediate neighborhood of the proposed use is actually located within the mall. The surrounding neighborhood to the Aventura Mall itself is comprised of other commercial/retail and restaurant space as well as office, hotel, and medium and high density residential uses. The proposed use is consistent with the mall use and the surrounding office and commercial as well as the hotel and residential uses. 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 LDRs. The Aventura Mall is already developed and the expansion area is being developed as approved by the City. The occupancy of the particular space by Harry's Pizzeria will not alter the levels of service, and the other infrastructure, including utilities, police, fire and MIAMI 5451005.1 83102/84906 Ms.Joanne Can C>Bilzin Sumberg June 5,2017 Page 3 emergency already exist at the adopted level of service for the mall and will remain available and concurrent in accordance with the City's LDRs. 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 restaurant is located internal to the mall which is already developed and which expansion is singularly being developed. The mall has several entrances to ensure that there are adequate measures for ingress and egress to the property, including access to Biscayne Boulevard, West Country Club Drive, Aventura Boulevard and easy access to the William Lehman Causeway. 6. The Establishment of the Conditional Use Shall Not Impede the Development of Surrounding Properties for Uses Permitted in the Zoning District The proposed use is located within the Aventura Mall expansion area and therefore there will be no impediment to the development of surrounding properties for uses permitted in the respective zoning districts. 7. The Design of the Proposed Use Shall Minimize Adverse Effects. Including Visual Impacts, of the Proposed Use on Adjacent Property Through the Use of Building Orientation, Setbacks, Buffers. Landscaping and Other Design Criteria. As noted above, the proposed use is located entirely within the expansion area in the mall and therefore will have no visual or adverse effects on any adjacent property. The mall as part of its expansion, is providing the proposed setbacks, buffers, landscaping and other design criteria mandated by the City. Attached to the application is a layout of the expansion area illustrating the location of the proposed restaurant use as well as floor plans illustrating the proposed location of the inside bar. This application package also includes the required spacing survey, check number 1161 drawn on the account of Harry's Pizzeria Holdings, LLC in the amount of $6,000 representing the $5,000.00 filing fee, and advertising deposit in the amount of$1,000.00. Thank you for your review of the foregoing. Should you have any questions or require anything further regarding the above, please do not hesitate to contact me at (305) 350-2351. Very truly yours, Brian ler BSA/ebl MIAMI 5451005.1 83102/84906 BROW COUNTY I MI Pr rvnlerrr+rs'15 l ' r� •DADE COUNTY ' , 9i n'nVrh'rwnnMWa um i. __F� OyurlJksrrcam VA H L B DR. • "MARINA Arrntaru HARBOR COVE • Ho. . WAY Op CIRCLE • • & • GnMedia/ e QINflR`NAY • • M© 0 , • • • • •• h Waterways I a 1.• ■, 0 WATERWAYS Shopper 207 ST :• w W COUNTRY CLUB DR. IC7' iii � The N 20$ • Promenade g . • Shops p IVES DAIRY RD. t 203 ST. O(1�\^O,•,S4 :• • f C IN \ I \l9 J ll 0 • 201 TER. m CY Location of Proposed Harry's m is SND. Pizzeria • in Aventura Mall •• +. AVE;UIRIA B Expansion Wing a } • iu Rescue Aventura � r� • station libr. ] ^1XF„_ O" 3 kF ti41 Aven(ura Ma!( 2 •• - F, 'I• a O YACHT C e+ City of Aventura C- O LDB tiJ • # Government Center W ILLIAM�. • '' 192 ST. �■ 0. : 19257. •1 T Q1' • ILI :• 190 ST MYSTIC % • Lochmanns > • a " • Fashion ui -1 •• '4 C• Island < _ • les ST. • i• N • • MIAMI L 1R7 ST 33180 • GARDENSDR., v'• 33 60 183 ST 11 Dumfaundlrrtg • 4 Ba • I cayne i Lnt. Z 9 Wd4arm ` • +'how B0S4 Made uNSoundA( () 1J' ar'i. • p'•P i i • . '' -= LEGEND N Maine • k, — _ Roadways r' y' City Boundary 5 S `�,`+` . .— ZIP Cotle Boundary of i ,yp+ Railroad • V . _ Exhibit 2 03-CU-17 • LEGAL DESCRIPTION PAR .1: TRACT "R", OF 'AVENTIRA SIXTH ADDITION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN MAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. MAX A PORTION OF TRACT"Q" OF"AVENTURA SIXTH ADDITION',ACCORDING TO THE PLAT THEREOF, AS RECORDED IN FLAT 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 PUT OF"AVENTURA SIXTH ADDITION"; THENCE SOUTH 02 DEGREES 3231' 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 Tr 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 3574' FOR AN MC DISTANT OF 78.18 FEET TO THE POINT OF TANGENCY BEING ON THE WESTERLY LINE OF TRACT"H'OF "AVENTURA FOURTH ADDIRON", ACCORDING TO THE PUT THEREOF, RECORDED IN PLAT BOOK 116, PAGE 34, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE SOUTH 02 DEGREES 0755" 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 52105" EAST FOR 148.00 FEET; THENCE NORTH 42 DEGREES 52'OS" 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.r FOR AN ARC DISTANCE OF 411.13 FEET TO THE POINT OF TANGENCY;THENCE NORTH 70 DEGREES 8133.8"EAST FOR 122.00 FEET; THENCE NORTH 25 DEGREES 2053.8 EAST FOR SB.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 TME ARC OF A CIRQLAR CURVE CONCAVE TO THE NORTHWEST AND BEARS SOUTH 21 DEGREES 1971" EAST FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY ALONG THE MC 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 34119' FOR AN ARC DISTANCE OF 120.12 FEET; THENCE SOUTH 25 DEGREES 53'40* EAST FOR 117.90 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 2426"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 AM)A CENTRAL ANGLE OF 23 DEGREES 1058' FOR AN ARC DISTANCE Of 50.58 FEET; THENCE SOUTH 13 DEGREES 0835' 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 Exhibit 3 03-CU-17 DEGREES 4835" 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 40'3T EAST FOR 20.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 74.00 FEET; THENCE SOUTH 02 DEGREES 4032' EAST FOR 639.08 FEET; THENCE NORTH 86 DEGREES 44'34" EAST FOR 42.00 FEET; THENCE SOUTH 02 DEGREES 4032" EAST FOR 116.48 FEET; THENCE NORTH 81 DEGREES 1129" 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 1129' 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 3W08" 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 0716" 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 5622°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 OOT00" 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 58154" 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 29111" 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 MC 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 0232" EAST FOR 25.00 FEET TO A POINT ON THE SOUTH LIFE OF SAID TRACT"Q", SAID POINT ALSO BEING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTH AND BEARS SOUTH 11 DEGREES 3432"EAST FROM THE CENTER OF SAID CURVE;THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT AND ALONG THE SOUTH UNE OF SAID TRACT"Q'HAVING A RADIUS OF 5594.58 FEET AND A CENTRAL ANGLE OF 04 DEGREES 1304' 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 2445 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 DECREES 0121" 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 0016" 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 5026' 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 1T04" FOR AN ARC DISTANCE OF 494.70 FEET; THENCE NORTH 11 DEGREES 1921' 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 46152' 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 0513" FOR AN ARC DISTANCE OF 374.79 FEET TO THE POINT OF TANGENCY; THENCE NORTH 02 DEGREES 0755"WEST FOR 200.00 FEET; THENCE NORTH 47 DEGREES 07'55" WEST FOR 56.57 FEET; THENCE SOUTH 87 DEGREES 52105"WEST FOR 148.00 FEET; THENCE NORTH 02 DEGREES 0755" WEST FOR 90.00 FEET ;THENCE NORTH 87 DEGREES 52'05" EAST FOR 148.00 FEET; THENCE NORTH 42 DEGREES 5205" EAST FOR 56.57 FEET; THENCE NORTH 02 DEGREES 0755" WEST FOR 283.37 FEET; THENCE NORTH 47 DEGREES 0755" WEST FOR 56.57 FEET; THENCE SOUTH 87 DEGREES 5705" WEST FOR 148.00 FEET; THENCE NORTH 02 DEGREES 0755 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, MUNI-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 07'55" 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 3000' EAST FOR A DISTANCE OF 491.43 FEET TO A POINT; THENCE SOUTH 60 DEGREES 3000" 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 3000" EAST FOR A DISTANCE OF 94.67 FEET TO A POINT; THENCE SOUTH 29 DEGREES 30100"WEST FOR A DISTANCE OF 78.54 FEET TO A POINT;THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 3111 FEET TO A POINT; THENCE SOUTH 15 DEGREE 3090' EAST FOR A DISTANCE OF 510.00 FEET TO A POINT; THENCE SOUTH 74 DEGREES 30W WEST FOR A DISTANCE OF 64.02 FEET TO A POINT; THENCE SOUTH 25 DEGREES 00W 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, HAYING 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 (NW. 'A) OF SECTION 3, TOWNSHIP S2 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 0721" 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 5307" 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 0721"WEST, A DISTANCE OF 27.432 METERS (90.00 FEET); (2) THENCE NORTH 14 DEGREES 48110" 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 0721"WEST, A DISTANCE OF 43.721 METERS (143.44 FEET) TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST UNE, NORTH 02 DEGREES 0721' WEST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE NORTH 87 DEGREES 5391" EAST, A DISTANCE OF 0.957 METERS (1.50 FEET); THENCE SOUTH'02 DEGREES 0721" 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. Pte: 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 AM) A CENTRAL ANGLE OF 2 DEGREES 4941" 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 32'19' 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 AM)A CENTRAL ANGLE OF 86 DEGREES 09'31' 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 5599 .58 FEET AND A CENTRAL ANGLE OF 1 DEGREES 0020" FOR 98.19 FEET TO A POINT; THENCE N 95 DEGREES 0232'W FOR 25.00 FEET TO A POINT ON A CURVE TO THE LEFT, SAID POINT BEARS 5 45 DEGREES 0732"E FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY, NORTHERLY MD NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 5.00 FEET AND A CENTRAL ANGLE OF 125 DEGREES 3755"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 3727' FOR 251.15 FEET TO A POINT OF TANGENCY; THENCE N 53 DEGREES 02'95" W FOR 0.31 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT; THENCE NORTHWESTERLY, WESTERLY MID SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 89 DEGREES 2426" 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 5 7 DEGREES 2911" W FROM THE CENTER OF SVD 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 WOO" 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 00100" 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 MC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 555.0 FEET AND A CENTRAL ANGLE OF 29 DEGREES 4430' 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 5622' 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 5 69 DEGREES 1755" E FOR 25.0 FEET TO THE POINT OF BEGINNING. MEWS A PORTION OF TRACT"Q"OF AVENTURA SIXTH ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOON 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 PUT THEREOF, RECORDED IN RAT 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 UNE 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 UNE OF SAID TRACT"Q", FOR 239.00 FEET; THENCE SOUTH 02 DEGREES 40'32"EAST FOR 42.00 FEET; THENCE NORTH 87 DEGREES 1978'EAST FOR 123.00 FEET;THENCE SOUTH 02 DEGREES 40'32" EAST FOR 20.00 FEET; THENCE NORTH 87 DEGREES 1978" EAST FOR 74.00 FEET; THENCE SOUTH 02 DEGREES 4032" 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. —- ——. _ ______ r a .keACY'$MEM ?iniiery.Awodrta gial Space#95G • ° ti -, � _' +/-3,170 sf A ff-f� L --- ` '~ �a '.�t_:7 0: _ SIMON p :RCPERTY • GRCJP.the ` `JI Valli ��� ` rt: m Expansion '�� AN c.--•- r'' %,�. :;.... i Area w 'Ib4k MACY'S ,, . 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PLANS Exhibit 5 ' " arr°. o C """" A.101 03-CU-17 I I I I I I V111110 1 -111100 30V0-1wV1w 'Van1N3nV 10 UO eaaaavw�sxosanans`saaavi xa'ov �nsNoL IIVW Vkif11N3AV `VIa3ZZld S FJIiVH DSII `SAIDIS `AAVR-1 `�III2I04 h3AbnS bOnOl1 a X00 oQo° a a o0 - -- - -- - - - - - -- �, ozs`Vo 1— wE z r m rn E� 3 a v 3 ac,r r 3 v EE �r mmr �r car ra w za c�a m y r ra ma ra as _ na_ xw a E a m w a z mm m w a �O �F I z \\ a I / ¢ � Fo l w w z \ b nv 7 7 1 i S0I0bF/.009 m L ED � o I s y o hos w o w I 0 N _ — - --- - moa I w w' n wl GI - io APPLICANT REPRESENTATIVE AFFIDAVIT Pursuers to Section 3171(b)(2)0)of the City d Avent ra Land Oeiersprnent Code,des Appicant Representative arcdavn is hereby made and submitted. The undersigned authorized representative of the indiriduM or entity applying I«the Derebpmenl Permit,witch is identified V the amompanyng application.,and the owner of the property subjeC to the application lit different)hereby lists and identifies all persons representing the intivitlual or entity aPPlyirg ci the Development Permit in connection with the application as Idbws. Name Relationship tie.Attorneys,ArvrAects,Landscape Architects.Engineers.Lobbyists.Em.) Sunil Bhatt Client Representative Patrick Brown Client Representative Brian S.Adler Attorney Dan Fortin,Jr. Engineer/Surveyor (Attach Additional Sheets If Necessary) NOTICE. ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT Art THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC.31-71(8)(2)0)0F THE QTY'S LAND DEVELOPMENT REGULATIONS IN THE CITY COOS,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 HANDTHIS 3) DAY OF M9-1 _ 231(17 AUTHORIZED: ENTATIVE Of APPLICANT: OWNER '�c - _ 9y :ewe) By (Sgta/we) N. e: Sunil L. Name' Hon/ Title: Authorized(Print) uthorizetd Signatory _ Title:_. ._(Rol) Address: 3938 North Miami Avenue Address:_ Miami, FL 33127 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me the undersigned authority personally appeared Sunil Bhatt as the authorized representawe of the Applicant ander the owner of the properly subject to the application. who being first by me duty swo 'r' :-r or affirm that heIshe executed this Affidavit for de purposes staled therein and that is true and correct. t_�/ ait _ ATF-FIA SWORN TO AND SUBSCRIBED BEFORE ME thi3( day M, 201EAI k/: ' /^ . Notary Public State of Flog da Al Large I, Pim led Name of Notary Ij'1P.Y��L sx's(® My commission expkM1 F `• EMBMMA R SADRO y MY COLMSMCN/FFg00M7 ,•, DPPE&pmbw P,2018 MSS lbw Malay Polk Undiarba 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'i applicable portions only) %)1. Affiant does ng have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. f )2. Affiant hereby discloses that it does hay-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 Bawd 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 ))h. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; r)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; I iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of anther professional working from the sane office or for the same employer as the member of the City Comri ssin or Board; [l 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 Comr scion 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 Bowd (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$25,1100.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS SI QDAY OF MB"PI ,2017. APPLICANT REPR ENTATIVE: Na' (Signature) Name: Bh (Print) Title: Authorized Signatory (Print) sr WITNESS MY HAND THIS Si^DAY OF lrllv"1 ,2017. STATE OF FLORIDA COUNTY OF MIAMI-0ADE Before me,the undersigned auNmity,personally append,Senn Ellie the Afonl,who being fes by me duty sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is'nand cornett. / 021_� 1- .. / mil:4: SWORN TO AND SUBSCRIBED before me Nag( day of 1W fry ,2017 Noon !s'lncinfv" 71EIE8AR MORD Minted Name of Notary�� '� -� �/,�/n� YYO*u3 of FF 60)317 MYoemmbsbn exitinrs-W h1'/ EXPIRES:October 2,9018 --- (((( /((( -„____ awed Tin rosy Patio Unwires MIAMI 5406905.1 83102/84906 1 BUSINESS RELATIONSHIP AFFIDAVIT" 10, This Affidavit a made pursued o Section 31-71(b)(2NuN d the City of Madura Land bevmpnenl Code The undersigned ABad hereby discloses that: (mak with'i apksle prions ay) IX I. Aram does MMI have a Business Re*bnshp with any member o me Gly Canmsslon or an City Advisory Board to whkh the eppikaion MI be presented. I I? ABet hereby discloses Mali n a Business Relationship with a member of the City Commission or a City Advisory Board 0.Nkn the ac0ticdlon MI be presented,as Nowt. (List nam of Commissioner or Advisory Bond Member) vitro salves on the (List 04 Commission or City Aimed Board upon viticb member sones). The ware of 9n Buwtss Reagens p is as Idlows: Ili. Member d City Commission a Board holds an ownership in W est in sat ss of 1%of Ida assets or capital each of Applicant of Repreeentallve; I I k Mama of City Comdssion a Bad is a padner.eahenhdder(s to shares of a Caporalai MO are not lead on any national or regional slat strange)a lam vantaer weh Me Applicant or Repdeantdv a in any bsinss venture: III TM AppIc sI a Reprss/ntab/a e a Clint of a member of the City Commission or Bond Of a Client of anomer til prdeasond working from the same Once or or Me sane employer as the member d the City Commission a Brom; IJ iv. A City Commissioner or Board metier is a Client to Macao!or Representative. Ilv The Applicant a Regeenladye a aCustenierre the mamma d the CayComaassan a&aN to of his o her empoye4 and hasms mese than SID003.00 of the business d the inanities of Me City Commission a Boat(a he or her empbyer)in a given calendar year. I vi. The member d IM Coy Camnesbn a Board is a Customer of the Applicant a Rpresartsn and Irasads mad than$25.000.00 of the Maness Mao Applicant or Represenla0n in a given caendar year. MT 3S MY HAND THIS seri- DAY OF, 20p_1T aPvu r By. SgraNael Nana „ Prin7 Tb: AmMw1+M CIanN�___IRNp WITNESS MY HAND THI DAY of dell,/ 20007 PROPERTY OWNER' II TIERFBAR WORD ._ BY: Namara MYCDAgfgryON a FF900917 EXPIRES:bobber 28018 —(ta) mom nor smayais4wMns sa (Rea) Tv lams aptness Relalipeslap.' 'pan." 'CuRpnea.' Applicant' 'Representative"and hNeveslcd Pesci ate defined in Sado 2,395 of We A vent ra Cay Code WITNESS MY HAND THIS-,—DAY OF ,20aJ7 REPRESENTATIVE:( ' lad on Business Relationship Affidavit) • By (Signature)) By-. ._ (Sgna&ve SUrl Nemo: N (Pang Na,,., . _MVO _ _(purl! Tine: _ ' ' • "-• S" ' ' (Print) TIM:. _._(Ren) By_ . Ii • ,.ere) By: (Signature Nam _ P , Name, - ' Brown (purl) Name: (Rine) Title At�Ala—r¢eeedd R--ecr°xr f Title: (Priv) By. HRNt s.Adu Ier (SQ?a we) By (Signature Name ANonley _(Reel) Name:... (Rua) Title: ._(Rat) Title:__.._..– ---(Rung By Dan Fortin.Jr. ( lure) By: _..__ _(Sgnatre Tib: Ergineer(Staveyor (Rio The: (Rang Tele. (Rix) Tile: _._. (pint) By ._(Signature) By'. _. (Sgnalurc The (Rind Title (Red) Title: (Rin) Title: _ __(Ran) By: (Signature) By: (Sgiaare Tile: (Pik) Title: _ ._(Prue) Tee: (Ren) Tile: _._ _._(Ruu) NOTE: 1) Use duplicate sheets B disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv)of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission,the information provided in the Affidavit becomes incorrect or incomplete. WITNESS MY HAND THIS__DAY OF ,20&j7 REPRESENTATIVE:(Listed on Business Relationship Affidavit) By: (Sgnature) By:_ (Sgnature Sunil Bhatt Name. (Print) Name: (Print) Title Authorized Signatory(pnnt) Title:__ (Pont) By: (Signature) By, /Signature Name: Patrick Brown (Pint) Name. _(Pont) Authorized Represen Iya Title. ll(/ Title: _.. (Ping By: Brian S.Adler (Sgnature) By: (Sgnature Name: Attorney (PMj) Name. (Pont) Title: (Print) // Tire: (Prig) Dan Fortin, Jr. By: (Sg u / 4 By. (Signature Title: Engineer/Surveyor (pnpc Title: (Prin() Title. (Print) Title: (Print) By:_ (Signature) By: (Signature Title: (Print) Title'. _ (Print) Title. (Pmt) Title: (Print) By: (Signature) By:_ (Signature Title: (Print) Title'._ _ _... -. (Print) Title: (Print) Title. _(Pent) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2)Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv)of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission,the information provided in the Affidavit becomes incorrect or incomplete. aBUSINESS RELATIONSHIP AFFIDAVIT* 77,00 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'2"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. [X ]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: Robert L. Shelley (List name of Commissioner or Advisory Board Member)who serves on the City Commission (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: 1]i. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; [1 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 venture 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; [X]vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25300.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS SI DAY OF Mav .2017. APPLICAN PRESENT IVE: By: " (Signature) Name.' Brian S.Adl (Print) Title: Attorney (Print) WITNESS MY HAND THIS3c DAY OF Mav ,2017. STATE OF FLORIDA COUNTY OF MIAMI-DADE Before me.the undersigned authority,personally appeared,Brian S.Adler the Affiant,who being first by me duly sworn,did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is We and correct C a Bnl.Ad- SWORN TO AND SUBSCRIBED before me this >f day of May ,2017 — - - !��-� nn 9 .l^ateof PriyVarte Stme at Ronde My cu Name of Notary +a�� NotarycpVasa Emracncm-toga My commission expires: M • My Commission FF 132228 Expire 07@312010 MIAMI 5405118.1 83102/8-'1. .1 ) BUSINESS RELATIONSHIP AFFIDAV(r 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'z'applicabe portions only) [X]1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. 112. Affiant hereby discloses that R does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; ]I U. 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; [I 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; [I iv. A City Commissioner or Board member is a Client of the Applicant or Representative; I]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; I]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. NES Y HAND THIS ;Wa OF Mfly ,2017. APDL AN ES- • 500 By � ' / (Signature) N Den Fortin,Jr. (Print) T e: Engineer/Survevor 7 (Print) /c WITNESS MY HAND THIS ( ` DAY OF MPY ,2017. STATE OF FLORIDA l , COUNTY OF MIAMI-DADE Before me,the undersigned authority,personally appeared,Dan Fortin.Jr.the A t,who•=n• • tby me• .: •r or affirm that helshe executed this Affidavit for Bre purposes stated therein and that It is Sue and correct �� Or 1 ` Dan Fortin,Jr. SWORN TO AND SUBSCRIBED before me Nis/,1 day of I11A 1 , 17. iitr C� 15a(Cali( Noway Public Sate of ipNrvy�. Nary Public State of Florin l 'Ci"1-CC rrn CC ( Renee Sacred Printed Name of Notary � p d My Commission FF 152588 My commission expires: cCCC� r•I' CIE' `)a Expires 09(072018 MIAMI 5405117.183102/84906 r NOTARIZATION PROVISION STATE CF FIORICa ) Cd MY CE IMMtU.CE) Bern meat wMarred tarty.peamw Memel. Stith/Bllal.__... re AMM .•berg nn'b me duly MON MO.ager benne fig new mruletie Mewl b m pupam M+el rwen old Mw it b M m:mmo if c �// .FF- i SWOAPON TO A. 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NOTARIZATION PROVISION STAIE OF FLOW* 1 COUNTY OF MMI-OADF1 Bebe me,M undrgned wirer.moray appear/ Sunil BAatt be Aunt wap pug first by me dry swan,dM seer or Minn Yui lathe MI*bd M AMW.,b ie germs sISS Iwem sd iel Air yin Mt wren. .--- Mfg AFFIANT SMCRN TOMO SUBSCRIBED babe me Mfg d o4144%,./i_ __,x0017 • �1.._' i�y.'iy` s ifEpBgA0.NIaiD -. if��,; NrcCYarsslafpFFBmBn • EXPIRE&attar 21015 My mImFMm w�M rfb BMaw ttwltler rat UM.wre STATE Cf fLOWM I carer Of MMMgADEI Patrick Brown Bebe mt.Nurdrrineds.1 MMerryeyhNer_______._...__Me Aar**ha being ht by me aur Fvon.SMFweM*Arm MM harm Meoled Made*b M pupal WW AMein MM MMi a Yp end cored ARMNi SMOLN TO AND SUBSCRIBEDpbe me nett_dyel. 1., _,20 17 • 4411-. s�p�n�E — MA.Y'nN JP r wf -- - aoan I RmMeNMnaNdsy, ,j ? •'',,` EXPWEg;°caby22018 My**noir**apM4� .. Mrwp Ors*by PtelbUrrnrbes STATE OF FLOWOA I CQM0y0F1410e41.DA0E1 • Brian S.Adler Beal MdM M pKpos Wi MIfMUly MKflo A_--._ __ MABMLria pNfrnlMme duly WWI.did swrlM.Bem Ma NYM • MneoMOM MMM b the%loin*MO MMn end MM Rs nue and mnM. • • MN SWORN TOMO SUBSCRIBED babe M �_.dr Nag -: MLS .eFr f�* em 'M, N*bry Pudic Stab ot Fiona Ponied kW'.a NNorioe —. ... N • N n eon. , Arymnms**arra. pns0L4!401$3.Ut!___ ._..._...._—'—'--.. __.:..::-_.__..___._._.___.____.._ ._...: STATE OF FLORIDA ' rw Expires O]IxxrxOti COUNTY Cy MNM, .. ' Bare nM.M*p5MpMdlueay.pMUMy now.Dan Perlin,Jr. the maw wap wens by me May[wars.ae MMM'or aim bat S.tr 644.411 d hi MSM b pie Hypes ilMd haw and Is Y M vee and min SON TO AHD SUBSCRIBED pbefar MM ._dayq ___._,xW- *oily RMYe S W q FMAMe M lair PMMUNMpaNary My Fb11mNM*eepiM.. _-..._ RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO ALLOW THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES AT COCKTAIL LOUNGES WITHIN HARRY'S PIZZERIA RESTAURANT TO BE ESTABLISHED IN TENANT SPACE #956 OF THE AVENTURA MALL EXPANSION AT 19501 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business District; and WHEREAS, the applicant, Harry's Pizzeria Ill, LLC, doing business as Harry's Pizzeria, through Application No. 03-CU-17, is requesting Conditional Use approval to permit the sale and service of alcoholic beverages at two cocktail lounge/bar areas within the Harry's Pizzeria restaurant to be established in Tenant Space #956 of the Aventura Mall expansion; 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 allow the sale and service of alcoholic beverages at cocktail lounge/bar areas within Harry's Pizzeria restaurant to be established in Tenant Space #956 in the Aventura Mall at 19501 Biscayne Boulevard, legally described as Tract R and part of Tract Q, 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, is hereby granted exclusively to the applicant subject to the following conditions: 1. This approval shall be granted exclusively to Harry's Pizzeria Ill, LLC doing business as Harry's Pizzeria, in Tenant Space #956 in the Aventura Mall expansion and may City of Aventura Resolution No. 2017- not be transferred to another owner and/or operator of the restaurant or to another location. 2. Alcoholic beverages shall be sold and served only in conjunction with service of food. 3. Customers will not be permitted to remove an individual glass of alcoholic beverage or any open container from the restaurant, but may purchase sealed bottles for off- premises consumption pursuant to the applicable State liquor license. 4. The applicant shall obtain an alcoholic beverage license from the State of Florida and begin sales and service of alcoholic beverages 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 at the written request of the applicant, provided that the applicant has filed the request for extension within the twelve (12) month period prior to expiration. 5. The applicant shall comply with the hours of operation allowed to bars and cocktail lounges for sale of alcoholic beverages for consumption on premises pursuant to Section 4-3(d) of the City Code; namely, between the hours of 8:00 a.m. and 1:00 a.m. the following day. 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. 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 alcoholic beverages for a period of 180 consecutive days shall constitute abandonment and shall rescind this approval. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. 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 Page 2 of 4 City of Aventura Resolution No.2017- 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 4. 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 , upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman PASSED AND ADOPTED THIS 17th day of July, 2017. Page 3 of 4 City of Aventura Resolution No. 2017- 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 , 2017. CITY CLERK Page 4 of 4 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, I A-C City Manager BY: Joanne Carr, AIC Community Development Director DATE: June 9, 2017 SUBJECT: Application to Amend the Official Zoning Map of the City of Aventura by amending the zoning designation for vacant property on the north side of NE 213 Street, containing 2.0 acres, from B2, Community Business District to MO, Medical Office District (01-REZ-17) June 14, 2017 Local Planning Agency Agenda Item 4 June 14, 2017 City Commission Meeting Agenda Item July 17, 2017 City Commission Meeting Agenda Item 8 RECOMMENDATION It is recommended that the City Commission approve an amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation of a 2.0 acre parcel of land described in the Sketch and Legal Description attached to this staff report from B2, Community Business District, to MO, Medical Office District. This application for rezoning is made pursuant to Paragraph 12.3.1 of the "Seller's Conditions to Closing" in an Agreement of Purchase and Sale between the applicant and the City dated April 3, 2017. THE REQUEST The applicant, Gulfstream Park Racing Association Inc., is requesting an amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for a 2 acre parcel on the north side of NE 213 Street, as described in the Sketch and Legal Description attached to this staff report, from 82, Community Business District, to MO, Medical Office District. (See Exhibit#1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY: Gulfstream Park Racing Association Inc. NAME OF APPLICANT Gulfstream Park Racing Association Inc. LOCATION OF PROPERTY north side of NE 213 Street See Exhibit#2 for Location Map SIZE OF PROPERTY 2.0 acres The applicant's original landholding contained 39.2 acres on the north side of NE 213 Street, with the easterly 19.5 acres zoned B2, Community Business District and westerly 19.7 acres zoned MO, Medical Office District. In 2006, the applicant deeded 7.0 acres of the east half of the parcel to the City for development of Waterways Park. This 7.0 acre parcel was subsequently designated as Parks and Recreation on the Future Land Use Map and Recreation Open Space on the zoning map, leaving 12.7 acres in the applicant's MO District zoning parcel. An overall plan showing the existing landholding is attached as Exhibit#3. The applicant and the City have entered into an Agreement of Purchase and Sale on April 3, 2017, wherein the applicant agrees to sell to the City a 2.0 acre parcel lying adjacent to the City's Waterways Park and currently part of the applicant's parcel that is zoned MO, Medical Office District. The property to be conveyed to the City is shown in blue on the sketch attached as Exhibit #4. The Agreement of Purchase and Sale provides that the seller's obligation to sell the 2.0 acre parcel to the City is conditioned upon the seller obtaining certain development approvals; one of which is the rezoning of 2.0 acres in the B2 zoning district to MO, Medical Office District, subject to the City Code's development review and public hearing process. The parcel to be rezoned is shown in red on the sketch attached as Exhibit #4. The rezoning of the 2.0 acres from the B2 category to the MO category is to replace the 2.0 acres to be conveyed to the City, so as to maintain the 12.7 acre size of the applicant's parcel in the MO district. The current 19.5 acre, B2 zoned parcel will be reduced to 17.5 acres. In conjunction with the 2006 conveyance of Waterways Park to the City, the applicant received other development approvals through Ordinance No. 2006-16 and Resolution No. 2006-62; those being, a Development Agreement under Chapter 163 of the Florida Statutes to preserve the 62 zoning on the 19.55 acre parcel and conditional use approval on the 12.7 acre MO zoning parcel for development of a 25 story, 259 foot tall, 480 unit multifamily residential building. A modification and extension of these two approvals is contemplated by the current Agreement of Purchase and Sale and will be presented to the City Commission concurrently with this rezoning application. 2 ANALYSIS Future Land Use Designation Subject Property: Business and Office Properties to the North: Business (City of Hallandale Beach) Properties to the South: Business and Office and Medium-High Density Residential Properties to the East: Business and Office Properties to the West: Business and Office Zoning Subject Property: 82, Community Business District Properties to the North: City of Hallandale Beach Properties to the South: 82, Community Business District and RS2, Single Family Residential District Properties to the East: MO, Medical Office District Properties to the West: B2, Community Business District Existing Land Use Subject property: vacant land Properties to the North: retail, restaurant, casino Properties to the South: commercial plaza and single family residences Properties to the East: temporary horse barns Properties to the West: temporary parking area Access — The parcel is currently vacant. The site development plan approved in 2006 proposes access from NE 213 Street. Standards for reviewing proposed amendments to the Official Zoning Map found in Section 31-77 of the Land Development Regulations: 1. Whether or not the proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. The proposed amendment will be consistent with goals, objectives and policies of the City's Comprehensive Plan. The existing future land use designation for this parcel is Business and Office. The Medical Office District zoning category may be applied to land designated as Business and Office on the City's Future Land Use Map. 3 2. Whether or not the proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The property adjacent to the east is also zoned MO, Medical Office District. The property adjacent to the west is zoned 62, Community Business District. The property to the north is outside the City limits, and is developed with retail, restaurant and casino uses. The property to the south is zoned RS2, Single Family Residential District. There will be no net change in the amount of MO-zoned property within the applicant's development site. 3. Whether or not the subject property is physically suitable for the uses permitted in the proposed district. The subject property is physically suitable for the uses permitted in the proposed district. 4. Whether or not there are sites available in other areas currently zoned for such use. This criterion is not applicable to this application. The effect of the application will result in the same amount of MO zoned land within the overall parcel. 5. If applicable, whether or not the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. This standard is not applicable to this proposed amendment. 6. Whether or not the proposed change would adversely affect traffic patterns or congestion. There will be no net increase in the size of MO zoned land in this development. There is no change in density proposed from the existing zoning category. Therefore, the proposed change will not adversely affect traffic patterns or congestion as a result of this rezoning application. Any future development application will require a traffic study to ensure that proper traffic related standards are met prior to development. 7. Whether or not the proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. The proposed change will not adversely affect population density such that the demand for water, sewers, streets, and other public facilities and services would be adversely affected because the application proposes no increase in population. The net size of the MO zoned parcel will remain as previously approved for the development with a maximum density of 35 dwelling units per acre. 4 8. Whether or not the proposed change would have an adverse environmental impact on the vicinity. The proposed change will not have an adverse environmental impact on the vicinity. 9. Whether or not the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The proposed change will not adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The resulting zoning designation acreage will be the same as currently existing but in a slightly different location within the applicant's property. Traffic Generation — There will be no increase in traffic generation due to this rezoning application. If the concurrent conditional use extension application is approved by the City Commission, the existing approved density of 480 multifamily residential units on the parcel zoned MO, Medical Office District, will remain the same as approved in 2006. School Impacts — The rezoning of the 2.0 acre parcel will not increase residential density; rather, it will preserve the current size of the parcel zoned MO, Medical Office District. The concurrent application for modification and extension of the existing conditional use approval, if approved by the City Commission, will preserve the currently approved height and density of residential development. The application has therefore been submitted for concurrency review by the Miami Dade County School Board in accordance with the Interlocal Agreement entered into between the City and the Board. Also, in accordance with the Interlocal Agreement, the School Board has been invited as a non-voting member of the Local Planning Agency for this application. Since the original site plan development approval was issued prior to December 31, 2007 and remains valid to date, it is vested from the requirements of public school concurrency as provided by Section 9.4 of the Interlocal Agreement. Staff is awaiting written confirmation of this vesting from the School Board and will present the Board's report at second reading of the ordinance. 5 MASTRIANA & CHRISTIANSEN, PA ATTORNEYS AT LAW 1500 North Federal Highway, Suite 200, Fort Lauderdale, Florida 33304 Visit our web site: www.m-c-lew.com CITY bOF FA 1rElyTUF.q Edwin J. Stacker,Esq. .�[ �JP 7 A_,MENDS m Broward (954)566-1234 Dade (305)949-1234 Email:ejs a�jre-c-law Direct Line 954-618-6911 Main Facsimile: (954)566-1592 MAY i 2017 May 10, 2017 ! _ • - VIA HAND DELIVERY Ms. Joanne Can, Community Development Director City Hall 19200 West Country Club Drive Aventura, FL 33180 Re: Gulfstream Park Racing Association, Inc. ("Applicant") Letter of Intent for Application for Rezoning from B2 to MO Dear Ms. Can: This Letter of Intent is submitted on behalf of the Applicant, the owner of that certain two (2) acre parcel ("Property")the subject of the attached rezoning Application, in support of its request for rezoning from the City B2 district to MO. The specific parcel which is the subject of this Application is a rectangular-shaped parcel with approximately 138' of frontage on N.E. 213th St, that runs up to the County line, and is the easterly-most 2 acres of an approximately 19.5 acre B2 parcel. As the City is aware, the Applicant is the owner of an overall 32.2 acre parcel bounded on the west by Biscayne Blvd., on the north by the County line, on the south by N.E. 213`h St., and to the east the parcel wraps around the City seven (7) acre Park which was conveyed by the Applicant to the City in 2006. The zoning designations on the 32.2 acres are comprised of a western 19.5 acre parcel zoned B2 and an eastern 12.7 parcel zoned MO, with Conditional Use approval for 480 residential units. The Applicant and the City have entered into a Purchase and Sale Agreement, dated April 3, 2017, wherein the City proposes to acquire two (2) additional acres("Aventura Parcel") west of, Exhibit 1 01-REZ-17 Joanne Carr May 10,2017 Page 2 and adjacent to, the City's existing Park. The Aventura Parcel is presently included within the MO parcel which is the subject of the residential Conditional Use approval. In light of the pending sale to the City,the Applicant is desirous of maintaining and reestablishing its ability to develop a residential high-rise project consistent with the existing Conditional Use density entitlements on 12.7 acres. Thus, the Applicant is initiating the first step of reconfiguring the MO parcel by requesting the City to rezone the two (2)acres contiguous to, and west of, the Aventura Parcel, from B2 to MO. By separate application, the Applicant will follow-up this rezoning, if approved, by requesting an amendment to the existing Conditional Use approval. This request is consistent with the goals objectives and policies of the City Comprehensive Plan, proposes no new uses, thus is compatible with the surrounding area's zoning and existing uses, and the Property is physically suitable for the proposed uses, as has been previously determined by the City approvals in 2006. Moreover,there is no increase in traffic or other significant impacts on public facilities;nor would the request adversely affect the overall health, safety and welfare of the surrounding neighborhoods and the City as a whole. In conclusion, we trust the City will concur that this rezoning is in the mutual best-interests of both the Applicant and the City at large, and we look forward to appearing before the City Commission. Sinccceerrellyy/��,��/\�``''l��/I'� EDWIN J.'STACKER, ESQ. Subject Site _ BROWARD COUNTY �. ■i�m�r�221■■dii�y7r'r7Y irrr 7Y117 J'IM'n nit= ..... DADECOUNTY 1 j ■�'11T7'i ,irrkw V1�'iP•SITr< ■ Gulfstream YA HT LUB OR. • • ri ;• '•MARINA • :a Aventura HARBOR •COVE • :■ Haspital .��---.,-- WAY CIRCLE ■ •• &Medical w �yj WA( ■ 4 Center Q MA IN°a ir .■ /) )Waterways I ■ • w r_.../-WATERWAYS LVDi Shoppes 207 ST. • w ;; _- a Q COUNTRY CLUB DR. '• The R1205 ST ■ :■ Promenade M V • • Shops v.) ' ,1 ' IVES DAIRY RD. 'a 203 ST. Oi.<!ij ■ 'a *\..„_;:44/10 ■ • L lrn • ,■ a a �� ■ i• 201 TER. rn ■ ' '■ a - TurnberryrIsle ■ °� CV :• vp, m Resort&Club • z :1 AVENTURA 6L ? ' w U Q.• 0 :■ ■ tit F O • o .., :. Fire I r • 4 ;' Rescue Avemura Co C/ J• • • ;• Station Library z G� I • .5 D .. a 51 '. O QQ i Aventura Mall Z m /11111 O YACHT ■ City of Aventura U LUB 1."'"1(z • ■ Government Center Y' • — WlLL1AM�EItMA •SVl • :■ 192 ST. • 192 ST. • �■ O� • 1 ;; 191 ST. N� Q�' s; * = TIC w :• 190S . . west X :: Loehnrann's • • 0 :• Fashion ui -1 • 0 :■ Island > ._ • • m188 ST. • Co :• a a Z MIAMI ,• 187 ST. F, 33180 • w GARDENS DR. ;• • v 1_65 ST. 33 60 f li ♦ :• \183 ST. Dumfoundling • tic I. F Bay • Athan • Ocean '• Little y Williams • .i Biscayne m -* Sound Maul:a arbour 180 ST, Lake e N a .' 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" .., . •‘ ' t 0 - ' , ',.' - • , i ' ' • - --„, Ai :, 101/4,6 -...,.':-.., .. +0.- „ r , ,,,....i .i ,. .., . la iNk --.,..____....%/-1 / ..;1. •- . - - ____.'"" - ' 1 ,ar--1 • . • ...1“--ey..,-- 4- L A-- (.7ttiqe." es.-ii , Nik li r , CI ,— •;.,f--r- ., , •1 -. - . . - i_ ', L. — . , . ,'.. 5•!,..." .. tlillte., • %lf541j1tLIN.. 9 Exhibit 4 01-REZ-17 r APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Secticn 31-71(b)(2)(i)of the City ofArentura 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 aowmparyirig application,and the testier of the properly subject to the application(if different)hereby lists and identifies all persons representing the indvidual or entity applying for the Devebprrenl Permit in connecAm with the application,as lolbws: Name Relationship pe.Ramey&Architects.Landscape Architects,Engineers.Lobbyists,Etc.) Eell tA1 � Skultey A-IA-ay Nees/ -kcit-c -d G, LreisAv4Sr• (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)(M0 OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN CITY C s 6E,IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR 5510N, E INFORMATION PROVIDED IN THE AFFIDAVIT I�JByE'COMES INCORRECTRi OR INCOMPLETE. WITNESS NW HAND THIS (O7afSAY OF 1AP2(4E. AUTHORIZED REPRESENTATIVE OF APPLICANT: OWNER By: By, (Signature) e • �J�lD J Name: Name' f /Prim) h( z Title: Title: • —Fr-JC• Address: Address: Rol So 444%44461e_ Bent(n e_ 33009 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) ^ .� C O Before me the ndersigned authority personally appeared t.n ae mull*"representative of the Applicant andbr the a of the properly subject to the application, who being fast by me duly m did or affirm that he/she eaecuMd this Affidavit I the purposes staled therein and that it is Uue and correct AFFIANT SWORN TO AND SUBSCRIBED BEFORE ME this L day of MtI ,200.. ASHLEY ANDUJAR Notary Pub c 1 Notary cpffl 'rip.ALLaye� � Commi siomM FF eo3seA Printed Name ofN 7)SII cl My Commission Enpirea My commission expires: e/ Z W I ZC I C 1:1:-44\ '.. July 26. 2019 s 4101 BUSINESS RELATIONSHIP AFFIDAVIT' The Affidavit is made pursuant to Section 31-T1(b)(2)(ii)of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that (mark with Y applicable portions only) $1. Mani 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 Thal it does have a Business Relationship with a member of the City Commission or e City Advisory Board to which the appficaticn wll be presented as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: (I i. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stack of Applicant or Representative: [I 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 stork 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 sane office or for the same employer as the member of the City Commission or Board; A. A City Commissioner or Board member is a Client of the Applicant or Representative, (]v. The Applicant a Representative is a Customer of the member of the City Commission or Boat or of his or her employer)and transacts more that 510,000.00 d 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 Ctly Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,00O.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF 200_ APPLICANT: By. (Signature) (Print) Tale Name: a (Print) WITNESS H DTHIS • •.-Y OF Mott 241 PROPERTY OWNER: By: (SOatae) NameT[at� mt a (Pow) Print) 'The terms Business Relaliorshlp," 'Client."Customer," 'Applicant.' 'Represerxative"and "Interested Person"are defined in Section 2-395 of the Avenoa City Code • WITNESS MV NANO THIS ICt'tAY OF MA/ 2011. REP TI Lis Business Relationship Affidavit) By: (Signature) By: (Signature Name:Gisultrt S Sklak Y(PnnU Name: (Pont) Title: . la- UC (Pmt) Tale: (Pmt) By: Ian (Signature) By: (Signature NaIiir me i 4' ' iaalnq Name: (Prim) Title: S3Qae•toe_ (mint) Title: (Pont) By: (Signature) By: (Signature Name: _(Pont) Name: (mint) Tale: (Print) Title:_ Print) By: (Sgnature) By: (Signature Title: (Pmt) Title: (Prim Title. (Pmt) Title: (Print) By: (Signature) By:_ (Signature Title: (Print) Title: (Pmt) Tide: (Pim) Tale: (mint) By: (Signature) By: (Sgnature Title: (Mina Title: (rant) Title: (Print) Tide: (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Aunts are advised to timely supplement this Affidavit pursuant to Sec. 31-7 I(b)(2)(iv)of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) C Before me,the undersigned annuity.penally appeared Efinal l_�..*•'c'Me A who being first by me duly sworn.did swear or affirm that he/she mewled this Aralen!b the purposes awed therein and that it is true and correct. ([/ A T SWORN TO AND SUBSCRIBED bete me this I 0 day of AAA'1 .2943- 101-7 T �Ci •144, Notary Pia Stale dlRorida !Day Public Su AtI�, y d My cmmiuim 06059856 OA Ni!) S' yy_aFh — -.oar Egwea01NYN21 Printed Name of N My mrmliwme;dnres _ _ STATE OF FLOHIW .. - - - — — --y— ) COUNTY OF MIAMI-DADE) 7� Mp o • Bebe rte,the undersigned authority.personally appeared !_the A L being fi by swan.rid swear or affirm Mal beishe executed ths Afiliate for he purposes staled therein and that b a he end=mot AFF T SWORN TO AND SUBSCRIBED before me Ns,10 day of gam ,207 . ASHY ANDUJ f' CommissLEion!FF 903584AR ^r c w -Atm• EMy Commission Expves S • a+f July 26. 2019 PinledName of oleo, we My commission expres07'z4'11u11 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) ((�� Bebe me,the underagred almordy,personally appearm�sj',t1 1�f. 14 rntclo being first by me duly sworn,did swear or aIrm that IWshe executed this Affidavit b the purposessteed herein and that it u true and correct_ AF NT SWORN Ti arip.A,wtarupggpy 28t - I 'sem Iielefe Ie EXPIREcommS ssoN Febnay 2t 2Ol9I . i. � E%PfAES FwdnrnY t7,inti • w-{ d FbMe(2.. raun.exwles esweiew wrcaw 5.ia�rs►�L l'aiCl Minted -d Notary My commissars spies:_. STATE OF FLORIN _----- ---- CryINTY OF MIAMI-DADE) Before me,the undersigned authority,pascnely appeared the NhenL who being first by me duty sworn,de swear or arm Nat Ie/he executed Cote Affidavit b the purposes stated therein and that ii is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this _day of _ .,290_ Notary Pudic Stab.of Fbide Allege Printed Name of Notay My commission enpiex:_ ORDINANCE NO. 2017- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR A 2.0 ACRE PARCEL OF LAND LOCATED ON THE NORTH SIDE OF NE 213 STREET AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" TO THIS ORDINANCE, FROM B2, COMMUNITY BUSINESS DISTRICT TO MO, MEDICAL OFFICE DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Gulfstream Park Racing Association Inc., through Application No. 01-REZ-17, has applied to amend the Official Zoning Map of the City of Aventura by amending the zoning designation for a parcel of land (the "Property") on the north side of NE 213 Street, as legally described in Exhibit "A" attached hereto, from B2, Community Business District to MO, Medical Office District; and WHEREAS, the City Commission has been designated as the local planning agency for the City pursuant to Section 163.3174, Florida Statutes, and as the local planning agency has determined that the rezoning is consistent with the applicable provisions of the City Comprehensive Plan as proposed to be amended; 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 application for rezoning and has considered the testimony of all interested parties at the public hearings, and has determined that the rezoning action set forth in this Ordinance is consistent with the Comprehensive Plan and furthers the health, safety and welfare of the City. 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. City of Aventura Ordinance No.2017- Section 2. Official Zoning Map Amended. The Official Zoning Map of the City of Aventura is hereby amended by amending the zoning designation for the 2.0 acre parcel of land located on the north side of NE 213 Street with legal description described in Exhibit "A" to this Ordinance, from B2, Community Business District, to MO, Medical Office District. 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. Revision of Zoning Map. It is the intention of the City Commission, and it is hereby ordained that the Official Zoning Map of the City may be revised so as to accomplish such intentions. Section 5. Disclaimer and Condition. 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 6. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. Page 2 of 4 City of Aventura Ordinance No.2017- The foregoing Ordinance was offered by Commissioner Dr. Marks, who moved its adoption on first reading. This motion was seconded by Commissioner Shelley and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Gladys Mezrahi Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Howard Weinberg 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman Page 3 of 4 City of Aventura Ordinance No. 2017- PASSED on first reading this 14th day of June, 2017. PASSED AND ADOPTED on second reading this 17th day of July, 2017. 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 , 2017. CITY CLERK Page 4 of 4 • `STONER &ASSOCIATES, INC. SURVEYORS-MAPPERS 4341 S.W. 62nd Avenue Florida Licensed Survey Tel. (954) 585-0997 Davie, Florida 33314 `� and Mapping Business No.6633 Fax (954) 555-3927 LEGAL DESCRIPTION OF TWO ACRE GULFSTREAM PARCEL A PORTION OF TRACT A OF DONN ACRES SECTION 34-51-42 (P.B. 76, PG. 30, M.D.C.R) CITY OF AVENTURA, MIAMI-DADE COUNTY,FLORIDA LEGAL DESCRIPTION: NOTES: A PARCEL OF LAND BEING A PORTION OF TRACT A,DONN 1.THE PROPERTY SHOWN HEREON WAS NOT ABSTRACTED FOR ACRES ALSO BEING A PORTION OF THE NORTH ONE-HALF(N. RECORD.HIP.RIGHTS-0F-WAV,EASEMENTS OR OTHER MATTERS OF 1/2)OF SECTION 34,TOWNSHIP 51 SOUTH,RANGE 42 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2.THIS SKETCH AND DESCRIPTION IS"NOT VALID"WITHOUT THE 76,PAGE 30,OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED FLORIDA,SAID PARCEL BEING MORE PARTICULARLY SURVEYOR AND MAPPER. DESCRIBED AS FOLLOWS: 3. THE BEARINGS SHOWN HEREON ARE BASED ON S.88°01'22"W. ALONG THE SOUTH LINE S.E.''/.OF SECTION 27-51-42,AS SHOWN COMMENCE AT THE NORTHEAST CORNER OF THE NORTH ON THE PLAT OF GULFSTREAM PARK,RECORDED IN PLAT BOOK ONE-HALF(N. 1/2)OF SAID SECTION 34,SAID POINT ALSO BEING 182,AT PAGE 195-203,OF THE PUBLIC RECORDS OF MIAMI-DADE THE NORTHEAST CORNER OF TRACT B OF SAID DONN ACRES: COUNTY,FLORIDA. THENCE 5.88°01'22'W.,ALONG THE NORTH LINE OF SAID NORTH 4.THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY (THIS IS NOT A SURVEY). ONE-HALF(N 1/2)AND THE NORTH LINE OF SAID TRACTS A AND B. A DISTANCE OF 1,373.33 FEET TO A POINT ON THE ZONING 5.THIS SKETCH OF DESCRIPTION WAS PREPARED BY THIS FIRM LINE FOR ZONES'MO'AND'B2'RECORDED IN OFFICIAL WITHOUT THE BENEFIT OF A TITLE SEARCH.THE LEGAL DESCRIPTION RECORDS BOOK 25138 PAGE 3880 OF THE SAID PUBLIC SHOWN HEREON WAS AUTHORED BY STONER 8 ASSOCIATES.INC. RECORDS AND TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; 6.SEE SHEET 2 OF 2 FORA GRAPHIC DEPICTION(SKETCH)OF THE PROPERTY DESCRIBED HEREON. THENCE CONTINUE SAID S.88°01221N.ALONG NORTH LINE,A DISTANCE OF 138.41 FEET; THENCE S.01°5838"E.ALONG A LINE WEST OF AND PARALLEL WITH THE ZONING LINE OF SAID ZONES"MO"AND 112", A DISTANCE OF 629.41 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF N.E.213th STREET,AS DESCRIBED IN OFFICIAL RECORDS BOOK 17973.PAGE 3869,OF SAID PUBLIC RECORDS; THENCE N.88°0122"E.ALONG THE SAID NORTH RIGHT-OF-WAY LINE,A DISTANCE OF 138.41 FEET; THENCE N.01°58'38"W.ALONG SAID ZONING LINE,A DISTANCE OF 649.41 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE WITHIN THE CITY OF AVENTURE, MIAMI-DADE COUNTY,FLORIDA,CONTAINING 2.0 ACRES,(87,120 SQUARE FEET)MORE OR LESS. CERTIFICATE: w THIS IS TO CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION SHOWN HEREON I5 ACCURATE NID CORRECT TO THE BEST OF MY KNO WIIDCE AND BE11FF. re I FORMER CERTIFY THAT MIS SKETCH AND LEGAL DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORT BY ME FLORIDA BOARD OF PROFESSIONAL SEAL SURVEYORS AND MAPPERS IN CIWTERSF17.FLORIDAAnMPN1S1BATNE CODE.PURSUANT TO SECTOR 472.07. LgUM S FSTATUTE REVISIONS DATE BYDATE: Feb 14, 2017 NOT VALID UNLESS 0 RICHARD G. CRAWFORD Jr. SEALED HERE WITH n AN EMBOSSED a<I PROFESSIONAL SURVEYOR AND MAPPER NO. 5371 - STATE OF FLORIDA SURVEYOR'S SEAL z THE MATERIAL SHOWN HERERI 6 THE PROPERTY OF STONER& - ASSOCIATES,INC.AND SHALL NOT BE REPRODUCED IN WHOLE OR IN DATE OF SKETCH: DRAWN BY CHECKED BY FIELD BOOK UN. PART WOHg � 1T PERMIISH OF STCNERB ASSOCIATES,INC. y N WPMIGHr$ya1T 12/22/18 DWS RGC N/A SHEET 1 OF 2 W N STONER ASSOCIATES, INC. SURVEYORS-MAPPERMAPPERS 4341 S.W. 62nd AVE. Florida Licensed Survey FTel.ax (954) 585-0997 Davie, Florida 33314 and Mapping Business No,6633 Fax (954) 585-3927 SKETCH OF DESCRIPTION TWO ACRE GULFSTREAM PARCEL BEING A PORTION OF TRACT A OF DONN ACRES SECTION 34-51-42 (P.B. 76,PG.30,MD.C.R.) CITY OF AVENTURA MIAMI-DADE COUNTY,FLORIDA NORTH LINE NORTH UNE PARCEL. B N.112 SECTION 34 TT') iPAtTB OVi.FSTFEAH PARE: IP (Pb 144 P4. "5-'"' "II SBB914RV. 1.37333' 5.88°0122"W. 138.41• P.O.B. P.O.C. I NORTH LINE i N.E.CORNER.N.IR OF SECTION 1 TRACT 34.5142 AND NE.CORNER TRACT B. DONN ACRES,PB.76.PG.30,M D G R . _ a a 0 - N al cm 0 EEp4^ W r Cl, M 111 2 EO A PORTION OF TRACT A N _ _ DONN ACRES j (P.B.76 PG.3o,M.o.0 R.) h Z T 87.120 SOFT.S. ut 2.00 ACRES !C gl. a� LEGEND: O.R B OFFICIAL RECORDS BOOK 6 P.B PLAT BOOK YF PG.. PAGE 'Irr,o M.D.CR.. .. . .... MIAMI-DADE COUNTY RECORDS B.C.R. BROWARD COUNTY RECORDS P.O C. POINT OF COMMENCEMENT F.O.B. POINT OF BEGINNING ¢ CENTERLINE "1 65, _ _ SO, FT SQUARE FEET N.88°O1'22'E. 138A1' —I\C BREAK IN SCALE N.E.213th STREET t N.WN LINE SCALE: r•= 100• RIGHT-OF-WAY DEEDED TO THE CRY OF AVENTURA PER O0.8.17931,PG.3a8a, 5P RIOM LAKES-PHASE PER AVENNRA MI 11111 NOTE: P.E. P0.8,SE I. O e e 100 1011 SEE SHEET 1 OF 2 FOR THE LEGAL GRAPHIC SCALE DESCRIPTION OF THE PROPERTY SHOWN GRAPHICALLY HEREON, SKETCH NC. R[: F:\Ba.WIC\12-7854LWMeem PakVlew Hvx Rnne\SOJT EARNS ACRE PARLA"g SHEET 2 OF 2 12-7854 2.0 ACRE CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, i r A-C City Manager BY: Joanne Carr, AICP Community Development Director DATE: June 9, 2017 SUBJECT: Request of Gulfstream Park Racing Association Inc. for Revision to the existing Development Agreement pursuant to Chapter 163, Florida Statutes, relating to development of a 17.5 acre, more or less, parcel of land zoned B2, Community Business District located on the north side of NE 213 Street and the east side of Biscayne Boulevard, City of Aventura (01-DA-06 (REV)) June 14, 2017 City Commission Meeting Agenda Item f3P) July 17, 2017 City Commission Meeting Agenda Item 8 Fj RECOMMENDATION It is recommended that the City Commission: 1. Approve a modification to the Development Agreement between the City and the applicant dated November 8, 2006, in the form attached as Exhibit #1 to this report, relating to development of the applicant's 17.5 acre parcel of land zoned B2, Community Business District located on the north side of NE 213 Street and the east side of Biscayne Boulevard in the City of Aventura and 2. Authorize the City Manager to execute the modification agreement on behalf of the City. THE REQUEST The applicant, Gulfstream Park Racing Association Inc., is requesting that the City Commission approve a modification to the Development Agreement between the City and the applicant dated November 8, 2006. The modifications are to (i) amend the legal descriptions for the new size of the 132 zoned parcel and the reconfiguration of the MO zoned parcel, once a concurrent rezoning application is approved; (ii) to extend the term of the Agreement for seven years; (iii) to provide for conveyance of a 2.0 acre parcel to the City pursuant to an Agreement of Purchase and Sale and (iv) to amend the vehicular access restriction on NE 213 Street. BACKGROUND OWNER OF PROPERTY Gulfstream Park Racing Association Inc. APPLICANT Gulfstream Park Racing Association Inc. ADDRESS OF PROPERTY north side of NE 213 Street between Biscayne Boulevard & NE 34 Avenue See Exhibit#2 for Location Plan LEGAL DESCRIPTION See Exhibit#3 for Legal Description SIZE OF PROPERTY Approximately 17.5 acres more or less EXISTING ZONING 82, Community Business District FUTURE LAND USE DESIGNATION Business and Office Zoning — Subject property: B2 Community Business District Property to the North: City of Hallandale Beach Property to the South: RS2 Residential Single Family District Property to the East: MO Medical Office District Property to the West: MO Medical Office District Existing Use — Subject property: Vacant Land & Temporary Parking Area Property to the North: Gulfstream Race Track Property to the South: Retail Plaza and Residential Property to the East: Temporary Horse Barns Property to the West: Office and Vacant Lands Future Land Use Designation - According to the City of Aventura Comprehensive Plan, the following properties are currently designated as follows: Subject property: Business and Office Property to the North: City of Hallandale Beach Property to the South: Business and Office and 2 Medium High Density Residential Property to the East: Business and Office Property to the West: Business and Office The Site - The subject site is located at the north limit of the City of Aventura on the north side of NE 213 Street east of Biscayne Boulevard. Background - The property subject of this application is part of a larger parcel owned by Gulfstream Park lying along the north side of NE 213 Street from Biscayne Boulevard westerly to NE 34 Avenue totaling approximately 32 acres. The west 19.5 acres of the property, which is the subject of this application, is zoned B2, Community Business District and the east 12.7 acres is zoned MO, Medical Office District. The MO parcel has an existing conditional use approval for a 480 multifamily residential unit development. An overall plan showing the total landholding is attached as Exhibit#4. In November of 2006, the City and the applicant entered into a Development Agreement to preserve the existing B2 District zoning on its 19.5 acre landholding on the north side of NE 213 Street east of Biscayne Boulevard. The agreement was for a ten (10) year term with an option for extension following a public hearing and provided (i) for conveyance of a park parcel to the City which has since been developed as Waterways Park; (ii) that the City may not downzone or otherwise limit the ability of the developer to develop the property in accordance with the Development Agreement, except as provided by the Florida Local Government Development Agreement Act; and (iii) vehicular access restriction on NE 213 Street to and from the applicant's adjacent lands to the north. The City and the applicant have now entered into an Agreement of Purchase and Sale, dated April 3, 2017, wherein the City will purchase a 2.0 acre parcel of land adjacent to Waterways Park. This 2.0 acre parcel is currently zoned MO and is part of the existing conditional use approval parcel. In order to maintain the 12.7 acre size of the MO parcel to maintain the approved residential density, the applicant has requested, through separate application, a rezoning of a 2.0 acre piece of its B2 zoned parcel to MO, which then reduces the size of the B2 parcel from 19.5 acres to 17.5 acres. Modifications to the Development Agreement — In addition to the rezoning described above and the resulting modification of the legal descriptions of the parcels covered by the Development Agreement, as part of the Seller's Conditions to Closing in the Agreement of Purchase and Sale, the applicant is to obtain, subject to review and approval pursuant to the City's development review and public hearing process, final approval of an amendment to the 2006 Development Agreement to extend the term for seven (7) years and, to modify the vehicular access restrictions to allow use the NE 213 Street driveway on weekday racing events. The form of agreement attached as Exhibit #1 to this staff report contains those modifications. 3 ANALYSIS OF THE REQUEST Citizen Comments — As of the date of writing of this report, the Community Development Department has received no written citizen comments about this application. Community Development Department Analysis — The property is located in the B2, Community Business District. The proposed amendment to the agreement meets the criteria of Chapter 163 of the Florida Statutes relating to modifications of a Development Agreement. 4 After Recor ing Please Raarn to: El/isa L Honatk,MMC,fry Clerk City ofAvenmro 19200 Wen Caa,ury Clerk Drive Exhibit #1 Aventara,Fl 33180 01-DA-06 (REV) FIRST MODIFICATION TO DEVELOPMENT AGREEMENT THIS FIRST MODIFICATION TO DEVELOPMENT AGREEMENT ("First Modification") is entered into the day of , 2017, by and between THE CITY OF AVENTURA, a Florida municipal corporation (the "City") and GULFSTREAM PARK RACING ASSOCIATION, INC., a Florida corporation ("Gulfstream"), as Owner of the land. RECITALS: WHEREAS, Gulfstream owns the property, consisting of approximately 19.5 +1- acres of land (the "Gulfstream Property"), zoned B2, Community Business District according to the City's Official Zoning Map, legally described as Exhibit"A" in the Agreement; WHEREAS, on November 8, 2006, Gulfstream and the City entered into a development agreement recorded in Official Records Book 25122, at page 4603, of the Public Records of Miami-Dade County, Florida, (the "Agreement"), pursuant to the Florida Local Government Development Agreement Act Sections 163.3220-163.3243, Florida Statutes; WHEREAS, the Agreement preserved the existing zoning of the property in accordance with the City's Comprehensive Plan and Land Development Regulations for a ten (10) year term beginning on November 8, 2006, provided for conveyance of the Waterways Park parcel to the City and restricted vehicular access to and from NE 213 Street to the adjacent Gulfstream lands; WHEREAS, since the date of execution of the Agreement, Gulfstream has complied with the terms of the Agreement; WHEREAS, the City and Gulfstream have entered into an Agreement of Purchase and Sale dated April 3, 2017 under which the Seller has agreed to sell to the City a 2.0 acre parcel of land adjacent to Waterways Park legally described in Exhibit "B" and Gulfstream has requested and the City has agreed to process in accordance with City Code and Florida Law (i) a rezoning of a portion of the B2 property consisting of 2.0 acres from B2 to MO; (ii) an amendment to the Development Agreement providing for a seven (7) year extension of the term, providing for conveyance of the 2.0 acre parcel from Gulfstream to the City and providing for modification to the vehicular access restriction to the B2 parcel from NE 213; (iii) an amendment to the Conditional Use Approval adopted in Resolution No. 2006-62 to extend the approval for seven (7) years and to add the rezoned 2.0 acre parcel to the conditional use approval and (iv) amend the vehicular access restriction on NE 213 Street. WHEREAS, Gulfstream and the City agree to a modification of the Agreement to include the new legal description for the reduced B2 parcel and for the reconfigured MO parcel, to amend Section 4. to extend the term of the Agreement, to amend Section 8. to describe the 2.0 acre parcel to be conveyed to the City and to revise Section 14. to amend the vehicular access restriction to NE 213 Street; NOW, THEREFORE, in consideration of the mutual covenants and agreements expressed herein, Gulfstream and the City agree as follows: 1. Recitals. The recitals set forth above are incorporated herein and form an integral part of this First Modification. 2. Exhibits Replaced . Exhibit "A" to the Agreement is deleted and the attached Exhibit "A" describing the 17.5+/- acres B2 parcel is substituted therefor. Exhibit "B" to the Agreement is deleted and the attached Exhibit "B" describing the reconfigured 12.7 +/- acres MO parcel is substituted therefor. 3. Modification of Agreement. Section 4. of the Agreement is amended as follows: 4. Effective Date and Duration. This Agreement shall become effective on the Effective Date. The Agreement shall be recorded in the public records of Miami-Dade County and shall run with the land and shall be binding on all parties and all persons claiming under it for a term of ten(10) years from the Effective Date. The term of this Agreement may be extended, as well as any other change to this Agreement, including release or partial release, upon execution of an instrument by the Developer (or its assigns, which may include, but not be limited to a Community Development District and/or a master property owners' association with appropriate authority over the Property) and with the consent of the, then, owner(s) of a majority of the Property,provided that such change has been approved by the City after public hearing,pursuant to Sections 163.3225, and 163.3229, Florida Statutes. The City may apply subsequently adopted laws and policies to the Property solely pursuant to the procedures of Section 163.3233(2), Florida Statutes. The term of this Agreement was extended from November 8. 2016 to July 7, 2017 pursuant to Executive Order 16-230 issued by the Governor of the State of Florida under the provisions of Section 252.363(1)(a). F.S. The term of this Agreement is further extended for seven (7) years from the last effective date of July 7, 2017 to July 7, 2024. Section 8. of the Agreement is amended as follows: 8. Reservation or Dedication of Land. Except as otherwise provided below and pursuant to applicable subdivision regulations, the Developer shall not be required to dedicate or reserve any land within the Property for municipal purposes. (a) . . U.. . . . .. . . .. .. . . . . .. .. . ._ the-Beveled. The City and Gulfstream have entered into a Purchase and Sale Agreement dated April 3, 2017, which agreement contemplates the acquisition by the City of a 2.0 acre parcel of land owned by Gulfstream. Section 14. of the Agreement is amended as follows: 14. Conditions, Terms or Restrictions Deemed Necessary by Local Government for Public Health, Safety and Welfare. Vehicular access (other than as may be required by government for emergency vehicles) to and from Developer's Hallandale Beach DRI Lands and the Gulfstream Park Tract to N.E. 213th Street on and after the date the first temporary certificate of occupancy is issued for a residential building constructed on the Adjacent Property shall be prohibited, provided, however, that until such access is permanently prohibited as set forth above, vehicular access to the Gulfstream Park Tract from N.E.213th Street shall be permitted on an interim basis subject to the following restrictions: (i) access by the public shall be restricted to weekdays, weekends and holidays on which horse racing events are scheduled at Gulfstream Park, (ii) after the execution of a mutually acceptable construction phasing plan, access on all other days shall be restricted to construction vehicles, provided that such access shall be permitted only until such time as construction of the renovation and expansion of the improvements to the Clubhouse and the Slot Facility Building now or hereafter located on the Gulfstream Park Tract is completed, and (iii) at no time shall vehicular access from N.E. 213th Street to Developer's Hallandale Beach DRI Land be permitted for any purpose (other than as may be required by the government for emergency access). 4. Agreement Status. The terms and conditions of the Development Agreement dated November 8,2006 shall remain in full force and effect except as herein modified. Signed, sealed,executed and acknowledged this day of ,2017 (Signature Pages to Follows] IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. ATTEST: CITY OF AVENTURA, FLORIDA By: Ellisa L. Horvath, MMC, City Clerk Eric M. Soroka, ICMA-CM, City Manager day of , 2017 Approved as to form and legality City Attorney WITNESSES: GULFSTREAM PARK RACING ASSOCIATION, INC., a Florida corporation Signature By: Print Name Signature Print Name STATE OF FLORIDA SS. COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this day of 2017, by of Gulfstream Park Racing Association, Inc., a Florida corporation, on behalf of the corporation. He is personally known to me or has produced as identification, and acknowledged that sthe did execute this instrument freely and voluntarily for the purposes stated herein. My Commission Expires: Notary Public, State of Florida Print Name EXHIBIT "A" 11}11312 A 1u Pb.)F,e r i r.A a3• C. -e . `STONER &ASSOCIATES, INC. SURVEYORS sMAPPERS Tel. 954 4341 S.W. 62nd Avenue FloY - Survey PPE ( ) 585-0997 Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927 LEGAL DESCRIPTION OF B2' ZONE PARCEL BEING A PORTION OF TRACTA OF DONN ACRES SECTION 34-51-42(P.B.76, PG. 30, M.D.C.R.) CITY OF AVENTURA,MIAMI-DADE COUNTY,FLORIDA LEGAL DESCRIPTION: THENCE S.70156'361E.,ALONG SAID NORTH RIGHT-OF-WAY LINE,A A PARCEL OF LAND BEING A PORTION OF TRACT A,DONN ACRES DISTANCE OF 13173 FEET,TO A POINT OF CURVATURE OF A ALSO BEING A PORTION OF THE NORTH ONE-HALF(N.1/2)OF TANGENT CURVE CONCAVE TO THE NORTHEAST; SECTION 34,TOWNSHIP 51 SOUTH,RANGE 42 EAST,ACCORDING TO THENCE SOUTHEASTERLY AND EASTERLY,ALONG THE ARC OF SAID THE PLAT THEREOF RECORDED IN PLAT BOOK 76,PAGE 30,OF THE CURVE TO THE LEFT,HAVING A CENTRAL ANGLE OF 21°0530',A PUBLIC RECORDS OF MIAMI-DADE COUNTY,FLORIDA,SAID PARCEL RADIUS OF 614.09 FEET,FR/OR AN ARC DISTANCE OF 226.06 FEET BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TO A RADIUS OF TANGENCY; COMMENCE AT THE NORTHEAST CORNER OF THE NORTH ONE-HALF THENCE N.88°01'211E.,ALONG A LINE TANGENT TO THE LAST (N.1/2)0F SAID SECTION 34,SAID POINT ALSO BEING THE DESCRIBED CURVE,A DISTANCE OF 94042 FEET TO A POINT ON LINE NORTHEAST CORNER OF TRACT B OF SAID DONN ACRES; 138.41 FEET WEST OF AND PARALLEL WITH THE ZONING LINE OF THENCE 5.88°0127^N.,ALONG THE NORTH LINE OF SAID NORTH ZONES'MO'AND TT,RECORDED IN OFFICIAL RECORDS BOOK ONE-HALF(N 1/2)AND THE NORTH LINE OF SAID TRACTS A AND B, A 25136,PAGE 3880 OF THE SAID PUBLIC RECORDS; DISTANCE OF 1,511.76 FEET TO THE POINT OF BEGINNING OF THE THENCE N.01158'38'W.ALONG SAID PARALLEL LINE,A DISTANCE OF HEREIN DESCRIBED PARCEL OF LAND; 629.41 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S.ee°01'22'W.,ALONG THE NORTH LINE OF SAID SAID LANDS SITUATE WITHIN THE CITY OF AVENTURE,MIAMI-DADE NORTH ONE-HALF(N 1/2),AND THE NORTH LINE OF SAID TRACT A,A COUNTY,FLORIDA,CONTAINING 17.51 ACRES, DISTANCE OF 1140.12 FEET,TO A POINT ON THE EAST (762706 SQUARE FEET)MORE OR LESS. RIGHT-OF-WAY LINE OF U.S.HIGHWAY NO.1(BISCAYNE BOULEVARD),AS DESCRIBED IN OFFICIAL RECORDS BOOK 26075, PAGE 771,OF SAID PUBLIC RECORDS,AND A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE WEST,A RADIAL LINE OF SAID CURVE THROUGH SAID POINT HAVING A BEARING OF NOTES: S.79°47'581E.FROM THE RADIUS POINT; 1.THE PROPERTY OR THENCE SOUTHWESTERLY,ALONG SAID RIGHT-OF-WAY LINE AND OWNERSHIP,RIGHTS-OF-WAY,NMEREAS WANOTR OTHER MAT ER EASEMENTS OR OTHER MATTERS OF ALONGGTHE ARC2 OF SAID RADIUS TO THE RIGHT HAVING A CENTRAL RECORD. ANGLE OF OF°162.5 AND A TO A ON A83 FEET,A, GE AN ARC 2.THIS SKETCH AND DESCRIPTION IS'NOT VALID"WITHOUT THE DISTANCE OF 162.56 FEET,TO POINTA ON A NON-TANGENT LINE; SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED THENCE S.26125G71W.,ALONG SAID RIGHT-OF-WAY LINE A DISTANCE SURVEYOR AND MAPPER. OF 51.49 FEET,TOA POINT ON THE SAID EAST RIGHT-OF-WAY LINE 3. THE BEARINGS SHOWN HEREON ARE BASED ON S.8e°01'22"W, OF ROAD NO.5(U.S.HIGHWAY NO,1),AS SHOWN ON FLORIDA ALONG THE SOUTH LINE S.E.V.OF SECTION 27-5142,AS SHOWN ON DEPARTMENT OF THE TRANSPORTATION MAP NO.87030-2201,SAID THE PLAT OF GULFSTREAM PARK,RECORDED IN PLAT BOOK 182,AT POINT BEING ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO PAGE 195-203,OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, THE WEST,A RADIAL LINE OF SAID CURVE THROUGH SAID POINT FLORIDA HAVING A BEARING OF S.76°41'31"E.FROM THE RADIUS POINT; 4.THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY THENCE SOUTHWESTERLY,ALONG SAID EAST RIGHT-OF-WAY LINE, (THIS IS NOTA SURVEY). ALONG THE ARC OF SAID CURVE TO THE RIGHT,HAVING A CENTRAL 5.THIS SKETCH OF DESCRIPTION WAS PREPARED BY THIS FIRM ANGLE OF 04°41'59',A RADIUS OF 3,909.83 FEET.FOR AN ARC WITHOUT THE BENEFIT OF A TITLE SEARCH.THE LEGAL DESCRIPTION DISTANCE OF 320.70 FEET,TO A POINT OF REVERSE CURVATURE OF SHOWN HEREON WAS AUTHORED BY STONER 8 ASSOCIATES,INC. A TANGENT CURVE CONCAVE TO THE NORTHEAST; 6.SEE SHEETS 2 AND 3 OF 3 FOR A GRAPHIC DEPICTION(SKETCH)OF THENCE SOUTHWESTERLY,SOUTHERLY AND SOUTHEASTERLY, THE PROPERTY DESCRIBED HEREON. ALONG THE ARC OF SAID CURVE TO THE LEFT,HAVING A CENTRAL ANGLE OF 8815318',A RADIUS OF 25.00 FEET,FOR AN ARC DISTANCE OF 38.79 FEET,TO A POINT OF TANGENCY,(THE PREVIOUS FOUR COURSES BEING COINCIDENT WITH SAID EAST RIGHT-OF-WAY LINE). SAID POINT ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF N.E. 213 STREET,AS DESCRIBED IN OFFICIAL RECORDS BOOK 17973, PAGE 3869.OF SAID PUBLIC RECORDS; CERTIFICATE: TNS IS TO CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION SHOWN HEREON IS ACCURATE AND CORRECT Ta THE BEST Of MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY 1HAT THIS SKETCH AND LEGAL DESCRIPtI W MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL COAL SURVEYORS AND MAPPERS INCH CHAPTER SI.1T,FLORIDA ADMNMDE ISTINE CO .PURSUANT TO SECTION 4807.FLORIDA STATUTES. .JUAN DATE: Mar 31, 2017 `N REYISONS DATE BY NOT VALID UNLESS m RICHARD G. CRAWFORD Jr. SFM FD HERE WITH I AN EMBOSSED 6N PROFESSIONAL SURVEYOR AND MAPPER NO. 5371 — STATE OF FLORIDA SURVEYOR'SSEAL zo, QUK fATBHOWN HEREON IS THE PR MYOE ST 96 2A •ssoKIATES.INC.AND SHALL NOM REPRODUCED IN WHOLE OR M DATE OF SKETCH: DRAWN BY CHECKED BY FIELD BOOK PRT WITHOUTPERSSION OF STONERS ASSOCIATES,IND. y N COPY O4 T62OIIN3/31/17 DRL RGC N/A SHEET 1 OF 3 In `STONER &ASSOCIATES, INC. SURVEYORS-MAPPERS Tel. 954 Davie, S.W.lo62nd AVE. Florida Licensed Survey ( ) 585-0997 Florida 33314 andMapping Business No.6633 Fax (954) 585-3927 SKETCH OF DESCRIPTION 1821 ZONE PARCEL BEING A PORTION OF TRACT OF DONN ACRES SECTION 34-51-42(P.B.76, PG. 30, M.D.C.R.) CITY OFAVENTURA,MIAMI-DADE COUNTY,FLORIDA -„GULFS ' = . CA E. NORTH UNE N 112 SECTION 34 E_..=. leg, P0 1E5.277,, R.,1 B �°.! AND NORTH UNE TRACTS A AND B BROWARD COUNTY ACOUNTY 1140.12' S.BB°01�22'W 1,511.744 —1 —MIAMI-0ADE DE COUNTY— P.O.B. I I-5'EASEMENT P.D.C. (0.R.81 2054,PG.182.M.D.C.R) NORTH LINE TRACT E.ANDN E.CORNER 120E RECTION DONN ACRES NE.TS,PG. O. M.UT. I aONN PC0.Ea,P B.TB,PG.�.M aC R 1 LEGEND: I O.R B OFFICIAL RECORDS BOOK P.B. PLAT BOOK -4 PG. PAGE M.D C,R.. . . MIAMI-DADE COUNTY RECORDS B.C.R. BROWARD COUNTY RECORDS 01S I P.O C POINT OF COMMENCEMENT 171 P.O.B. POINT OF BEGINNING 4 Q CENTERLINE F.D 0 T FLORIDA DEPARTMENT _ OF TRANSPORTATION W I —1(-- BREAK IN SCALE - S n N m W .. did W' A PORTION OF TRACT A70 - W I DONN ACRES77 2 o J (P.B. 76, PG. 30, M.D.C.R.) z _ zo =l 17.51 ACRES z- f 762IP ,706 SQUARE FEET ... C Ed f MI ma I 0n —I th wo I I 13'45-CITY OF AVENTURA EASEMENT N.RIGHT-OF-WAY LINE 1 1A ' (ORB.20401 PG RCe 40.0 CR) (UTILITY EASEMENT 4! I I (ORB.26885.PG 1576,MO CR) I 5'CITY OR AVENTURA EASEMENT 1 F020WB FG 2618,KOLA,' N.B8°0127E. 940.97 FP AL.UTILITY EASEMENT (ORB.19002,PG 2020.M.D.C.R.) N . E . 213th STREET SCALE: 11=100' RIGHT-OF-WAY DEEDED TO THE CITY OFAVENTURA PER O.R B.17937,PG.3869, W'RIGHT-OF-WAY PER 8,M.RA LAKES-PHASE I, MI P.B.153,PG.8,M.O.C.R. II. - NOTE: 0 xi 707SEE SHEET 1 OF 3 FOR THE LEGAL N GRAPHIC SCALE DESCRIPTION OF THE PROPERTY SHOWN GRAPHICALLY HEREON. SKETCH NO. Fie ,C\UserAdernin.STONERSURVEEMppents\localMemp\AcPublish.5612\26 ACM PARCEL e.y SHEETaOF 3 12-7854 'B2'PAR STONER &ASSOCIATES, INC. 4341 S.W. 62nd AVE. SURVEYORS-MAPPERS Florida Licensed Survey Tel. (954) 585-0997 Davie, Florida 33314 end Mapping Business No.6633 Fax (954) 585-3927 SKETCH OF DESCRIPTION 612' ZONE PARCEL BEING A PORTION OF TRACT A OF DONN ACRES II SECTION 34-51-42(P.B.76, PG. 30, M.D.C.R.) CITY OF AVENTURA,MIAMI-DADE COUNTY,FLORIDA AM K i '�- I r. . _ - .. I I NORTH LINE a i93, PO fl � IP, N.1/2 SECTION 34 579°4TSe"E -1 S.6B°01'22"PE 1140.12' BROWARD COUNTY Th I-( -R BFMENT 2 O o�� NORTH LINE TRACT re Z 1 1 mp Nrnb wn Gig Qj?u 7, LEGEND: 1 Q 2 ' Ua:¢ e� O.R B OFFICIAL RECORDS BOOK ; 3o P.B.. . .. ..... . PLAT BOOK C o'w' Pa PAGE T y i OD M.D.CR.. MIAMI-DADE COUNTY RECORDS 0 H.C.R. BROWARD COUNTY RECORDS O 4 ¢¢ P.O.C. POINT OF COMMENCEMENT P.O B. POINT OF BEGINNING 1F+ S 578.4 CENTERLINE W I'"Tukt�E 5.26'25'07"W. F..D.O T FLORIDA DEPARTMENT 10 51.49' OF TRANSPORTATION NF —ICI �CI BREAK IN SCALE W .. Q N o W 1IllN I, 2 ti A' IW co 0 o A PORTION OF TRACT A = mw: DONN ACRES I, S z.'"' re I ��� (P.B. 76. PG. 30. M.D.C.R.) 0 Cocg 3A m 17.51 ACRES 0 03?762.706 SQUARE FEET o io01 �iy I U ••a). wsF CA=88753'36" R=25.00' A=38.79' I S 20.5.. N.RIGHT-OF-WAY LINE 1 F 73173. 5'CIN OF AVENTURA EASEMENT (O R.B.20600,PG 2648.M.D.C.R.) CA=21i '7, . ---- _ _ Ae22B.067•14.09 N 88°01'22"E. 94092' N . E . 213th STREET SCALE:1"=100' RIGHT-OF-WAY DEEDED TO THE CITY OFAVENTORA PER O.R.B.17937.PG.3869. 50'RIGHT-OF-WAY PER AVENTU LAKES-PHASE I, - NOTE: = SEE SHEET 1 OF 3 FOR THE LEGAL DESCRIPTION OF THE PROPERTY GRAPHIC SCALE WO 200 0 Z N SHOWN GRAPHICALLY HEREON. FILE C\Urs\Em"m.511MFRSUR 52 R�1wW=NWw\e.P\A�1m-sn2\zo ACRE PweaLe.y sHEET'ZoF 3 12-7854 -7 KETCH NO.O.54 '82'PAR EXHIBIT "B" U'(NIV LS.T. 1I�.ETL 1Cl11,-(G1 `STONER &ASSOCIATES, INC. SURVEaORS-MSPPERS Tel. (954) 585-0997 4341 S.W. 62nd Avenue V\IIT' RVEFlorida LRS- Survey PPE Davis, Florida 33314 and Mapping Business No,6633 Fax (954) 585-3927 LEGAL DESCRIPTION OF ZONING'MC SITE BEING A PORTION OF TRACT A OF DONN ACRES SECTION 34-51-42(P.8.76, PG.30, M.D.C.R.) CITY OF AVENTURA,MIAMI-DADE COUNTY,FLORIDA LEGAL DESCRIPTION: LEGAL DESCRIPTION:(CONTINUED) A PARCEL OF LAND BEING A PORTION OF TRACT A,DONN ACRES ALSO BEING A PORTION OF THE NORTH ONE-HALF(N.1/2)OF THENCE N.50°29'14"E.,A DISTANCE OF 32.10 FEET TO A POINT ON SECTION 34,TOWNSHIP 51 SOUTH,RANGE 42 EAST,ACCORDING TO THE EAST LINE OF SAID NORTH ONE-HALF(N.1/2)AND THE EAST THE PLAT THEREOF RECORDED IN PLAT BOOK 76,PAGE 30,OF THE LINE OF SAID TRACT B,(THE PREVIOUS TWO COURSES BEING PUBLIC RECORDS OF MIAMI-DADE COUNTY,FLORIDA,SAID PARCEL COINCIDENT WITH THE SAID NORTH RIGHT-OF-WAY LINE); BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THENCE N.02"21'14'W.,ALONG SAID EAST LINE,A DISTANCE OF BEGIN AT THE NORTHEAST CORNER OF THE NORTH ONE-HALF(N. 541.55 FEET,TO THE POINT OF BEGINNING. 1/2)OF SAID SECTION 34,SAID POINT ALSO BEING THE NORTHEAST CORNER OF TRACT B OF SAID DONN ACRES; SAID LANDS SITUATE WITHIN THE CITY OF AVENTURA,MIAMI-DADE COUNTY,FLORIDA,CONTAINING 12,72 ACRES, THENCE 5.88'01'22"W.,ALONG THE NORTH LINE OF SAID NORTH (554,227 SQUARE FEET)MORE OR LESS, ONE-HALF(N 1/2)AND THE NORTH LINE OF SAID TRACTS A AND B, A DISTANCE OF 1511.74 FEET TO A POINT ON LINE 138.41 FEET WEST OF AND PARA)I FL WITH THE ZONING LINE OF ZONES"MO'AND"BT, RECORDED IN OFFICIAL RECORDS BOOK 25136,PAGE 3680 OF THE SAID PUBLIC RECORDS; THEN 5.01°58'36"E.,ALONG SAID PARALLEL LINE,A DISTANCE OF 629.41 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF N.E. 213 STREET,AS DESCRIBED IN OFFICIAL RECORDS BOOK 17973, PAGE 3869,OF SAID PUBLIC RECORDS: THENCE N.8811122'E.,ALONG SAID RIGHT-OF-WAY LINE,A DISTANCE NOTES: OF 402.38 FEET; 1.THE PROPERTY SHOWN HEREON WAS NOT ABSTRACTED FOR THENCE N.01"52'05'W.,A DISTANCE OF 442.98 FEET; OWNERSHIP,RIGHTS-OF-WAY,EASEMENTS OR OTHER MATTERS OF RECORD. THENCE N.88°0122"E.,A DISTANCE OF 196.67 FEET TO THE WEST LINE OF THAT CERTAIN PARCEL OF LAND(CITY PARK),DESCRIBED IN 2.THIS SKETCH ANO DESCRIPTION ISNOT VALID'WITHOUT THE OFFICIAL RECORDS BOOK 25122,PAGE 4596 OF SAID PUBLIC SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED RECORDS: SURVEYOR AND MAPPER. 3. THE BEARINGS SHOWN HEREON ARE BASED ON S.8830122"W. THENCE N.01°52'05'W.,ALONG THE WEST LINE OF SAID PARCEL,A ALONG THE SOUTH LINE S.E.'/.OF SECTION 27-5142,AS SHOWN ON DISTANCE OF 82.05 FEET TO THE NORTHWEST CORNER OF SAID THE PLAT OF GULFSTREAM PARK,RECORDED IN PLAT BOOK 182,AT PARCEL; PAGE 195-203,OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA THENCE N.8830954"E,ALONG THE NORTH LINE OF SAID PARCEL,A 4.THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY DISTANCE OF 581.87 FEET,TO THE NORTHEAST CORNER OF SAID (THIS IS NOTA SURVEY). PARCEL; ) THENCE 5.0135406"E.,ALONG THE EAST LINE OF SAID PARCEL,A 5.THIS SKETCH OF DESCRIPTION WAS PREPARED BY THIS FIRM DISTANCE OF 523.58 FEET,TO A POINT ON SAID NORTH SHOWN HEREON N WAS OF AUTHORED TITLE BY STONERTON.THE ASSOC DESCRIPTION SHOWN HEREON WAS &ASSOCIATES,INC. RIGHT-OF-WAY UNE; 6.SEE SHEETS 2 AND 3 OF 3 FOR A GRAPHIC DEPICTION(SKETCH)OF THENCE N.88°01283E.,ALONG SAID NORTH RIGHT-OF-WAY LINE,A THE PROPERTY DESCRIBED HEREON. DISTANCE OF 107.88 FEET,TOA POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE EASTERLY AND NORTHEASTERLY,ALONG THE ARC OF SAID CURVE TO THE LEFT,HAVING A CENTRAL ANGLE OF 3P32'O8%A RADIUS OF 330.00 FEET,FOR AN ARC DISTANCE OF 216.19 FEET TO A POINT OF TANGENCY; CERTIFICATE: re THIS 15 TO CERTIFY MAITRE 91(ETCY AND LEGAL DESCRIPTION SHOWN HEREON IS ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.I FORTIER CERTIFY THAT THU SKETCH AND LEGAL SURVEYORS AND MAPPERS W CHAPTER SA17.FLORIDA ADDMMINISTATIVE CODON MEETS THE E.PURSUANT TO SECTOR TANDARDS OE PRACTICE�O FLORIDA STATUTERTH BY THE S. BOARD OE PROES4gNN SEAL D GATE: Apr 03, 2017JGIY O REVISIONS DATE BY P NOT VALID UNLESS RICHARD G. CRAWFORD Jr- sr.]FD HERE wire AN EMBOSSED ci PROFESSIONAL SURVEYOR AND MAPPER NO. 5371 - STATE OF FLORIDA SURVEYOR'S SEAL 2_10 THE MATERIAL SHOWN HERON IS THE PROPERTY Off STIRS ASSOCIATES,INC. ND SHALL NOT BE REPRODUCED IN WHOLE OR IN DATE OF SKETCH: DRAWN BY CHECKED BY HELD BOOK CO C PART WITHOUT PERMISSION OF STONERS ASSOCIATES,WC Y CO YRIGHTFmn 3/31/17 DRL RGC N/A SHEET 1 OF 3 o STONER &ASSOCIATES, INC. SURVEYORS-MAPPERS 4341 S.W. 62nd AVE. Fonda Licensed Survey Tel. (954) 585-0997 Davie, Florida 33314 end Mapping Business No.8633 Fax (954) 585-3927 SKETCH OF DESCRIPTION ZONING'MO'SITE BEING A PORTION OF TRACT A OF DONN ACRES SECTION 34-51-42(P.B.76, PG.30, M.D.C.R.) CITY OF AVENTURA,MIAMI-DADE COUNTY,FLORIDA BLOCK ._ T HAP Olc' _'.'E TOOF WN OF HA: -A:.DALE NORTH LINE n v.: `:• 'IFE. B, pa. 113, H^.LF1.. ..., N.12 SECTION 34L BROWARD COUNTY 5.88°01'22•W. 1,511.70 , yam -r MIAMI-DADE COUNTY- — — Lr JJ� L5'EASEMEM I P.O.B.(O.RB.mu.PG.tat.MD.0 R.) NORTH LINE TRACT B \ NE CORNER.N.1R aF SECTION 1 'I DONN AC PE.P.B.CO PG.3,M O.C. RCRES,PB.TB.PG.D].MOOR 40 N.LINE CITY PARK PARCELm N.E. CORNER z w N.88°09'54"E. 581.8]' CITY PARK PARCEL O a / / / ww r , • oZ LII .r �a LL FLORIDA POWER 8 LIGHT CO.EASEMENT �� /ti / 23845,PG.3ITO,MD.L R.) N En WI I / u4 Z I mel W I Fl LIE N I i 4., ,_W — L) 0± z o. 2• ; W 3 >O• =I jJ W A PORTION OF TRACT B C7 I - ARL /$ d DONN ACRES to QID.P..B 5122, FG. 4595.'E._.,.., / n r4 (P.B. 76, PG. 30. M.D.C.R.) / 0 e TRACT "A" 1 1 °TU mn, _ ZONING 'MO' SITE ) W a A I ........-_r...,�_�_0 , /o zU 12.72 ACRES I r 554,227 SQUARE FEET I 1 Z M. u: n n_ /�/J / F.P.L UTILITY EASEMENT I 1\ 1 I Lu 1 u, LEGEND: / to R6.m18B.Pc 33Te.MOC R) I I 1 1 I O.R 13 OFFICIAL RECORDS BOOK P.B PLAT BOOK / I (/) ,p� I PG.. PAGE / J .1.%xd M.D.C.R. MIAMI-DADE COUNTY RECORDS' 1� 1: I 1 B.0 R. BROWARD COUNTY RECORDS / N.RIGHT-OF-WAY LINE/ �. A P.OB . POINT OF BEGINNING /— --- 9T.9T� /656 9 N.8107.882"E. P-336' __ __ 107.88' N . E . 2 1 3 t h STREET SCALE: 1'=100' RIGHT-OF-WAYDEEDED OF-WA CITY OFAVENTURAPER O.RB. 7931,PG.3069, 50'RIGHT-OF-WAY PER AVENTURA LAKES-PHASE I. MI NOTE: D SEE SHEET 1 OF 3 FOR THE LE(+AI GRAPHIC SCALE DESCRIPTION OF THE PROPERTY SHOWN GRAPHICALLY HEREON. SKETCH NO. FILE a\L \d t WT\q pdot\6c+\lemAASuNln-15.3e\20 ACRE pmts ey SHEET 2 OF 3 12-7854 M.O. PAR STONER&ASSOCIATES, INC. SURVEYORS-MAPPERS Tel. (954) 585-0997 4341 S.W. 62nd AVE. Florida Licensed Survey Davie, Florida 33314 and Mapping Business No.8633 Fax (954) 585-3927 SKETCH OF DESCRIPTION ZONING ma SITE BEING A PORTION OF TRACT A OF DONN ACRES SECTION 34-51-42(P.B.76, PG. 30,M.D.C.R.) CITY OFAVENTURA,MIAMI-DADE COUNTY,FLORIDA A"! AHEErCE:D PLAT OF HALE.AN.:1,ALE: iPS. ft], ii^ 1n5 C±, Sin"l NORTH LINE N.112 SECTION 34� OROWARD COUNTY S.88°0122'W. 1.51174 I MIAMI DADE CO —T S MEM NORTH LINE TRA CTA IO.R.B.lD51,PG.103.MIlL R.) N.W. CORNER I LEGEND: CITY PARK PARCEL O.R 8 N.88°09'S4t.OFFICIAL RECORDS BOOK 1 T' ill 1:51 138.41' P.B PLAT BOOK PG. PAGE 01'',. M.D.C.R. MIAMI-DADE COUNTY RECORDS No N.LINE B.0 R. BROWARD COUNTY RECORDS GITYPARK P.O B. POINT OF BEGINNING PARCEL z 1 N.66801'22"E.196.6T1 C W zrt I W W nni °o = z2 N N$ 1 L i e o"' A PORTION OF TRACT A 1 ? II ui «n DONN ACRES wo jo . IN mW (P.B. T6, PG. 30, M.D.C.R.) .i J re I8 . - 1 /11Z m OB TRACT "A" � -m ZONING 'MO' SITE - ° Cr _ J m • a 12.72 ACRES - _ co w o 554,227 SQUARE FEET o o. _ I. H Lia_ oi � � k o in aL 1 z .. 1 FI iI 1 I III L_____ 1 I N.RIGHT-OF-WAY LINE J fl N B8`0122E. 402.38' N . E . 213th STREET SCALE:V=100' RIGHT-OF-WAY DEEDED TO THE CITY OFAVENTURA PER 01813.17937.PG.3869, 5a'RIGHT-OF-WAY PER AVENTURA LAKES-PHASE I. NOTE: PB.153,PG.IS M.D.C.R. 0 zoo a w SEE SHEET I OF 3 FOR THE LEGAL GRAPHIC SCALE DESCRIPTION OF THE PROPERTY SHOWN GRAPHICALLY HEREON. SKETCH NO. RIE C\Users\mnmsafxvRTWYlmpneb\leen\ynp\ uN ussJE\20 ACK PAq¢1.ery SHEET 3 OF 3 12-7854 M.O. PAR Subject Site BROWARD COUNT"! ________I L ....�..�.�.th1+ 'nVTi 7V YT ITN T: ■MEI IMM - DADECOUNTY ■ I f ■'�'bt*7'mV'TA'�fWVi'mtido'a • _ Gulfstream YACHT LUB DR. • k '_MARINA a •• Ar•rnun'a HARBOR COVE ij• Hospital . _� WAY • CIRCLE•• &Centerttl Q I ii al • • V` . . a l WaterwaysC11) ■ • m WATERWAYS �J Shoppesy 207 ST. ) _ ■ • - w - . w a ¢ COUNTRY CLUB DR. • a The N 205 ST. �j • • Promenade V • a Shops r�i O ■ ■ IVES DAIRY RD. • 203 ST. 0).41.E . • i. � 4 . • N ��/)� • 0 • 201 TER. rn • -' • p Turnberry Isle a CO • vO. m Resort&Club a Q • AVENTURA 0-- II w ■ 0 • v ,OP a O � r Fire � (.) r Rescue Aventura J' Qa • Station Library z G)' 1 a • A. • • O Q s y Aventura Mall _ ; tk * a 0 YACHT ? a -ThCity of Aventura 0 LUB tiJ • ■ Government Center �EH►JlA aSWY. '• ; ■ 192 ST. W ILLI AM • 192 ST. > a N Q� aIn' ° >, ` 191 ST. \ 1 •Q•• ; W TIC X ; 190 S . MY S • Lochmann's . -. • Fashion ui •-� • Q . Island ___ a -t • rn 188 ST. • to • N • Z MIAMI 187 ST. i 33180 ; GARDENS DR. l _ _ _ • O .a —•—• — :1�5 ST •—•—•—•—•—li �a 33 60a •• • 411 • 183 ST. Dttnfoundling a i... i Bay a , Atlantic Ifs•... • Ocean • E Little Z y Williams • %. Biscayne rn 2, Sound • Harbour 180 S7, MLaabe N a 1.,. Point C) • ;• Fast I /'� -t • a 'a •lazaP 8 •• • '� P t F ST Op•• off cP i ,• • Q • • • • `� LEGEND Q ; ' Manic, •♦♦♦ j Lake • ♦ L Roadways ♦ ` iiiii — r--"li •♦ City Boundary • ZIP Code Boundary ., l.s•• \ •• ♦♦ i 1h___ Railroad ,.. • ■ ♦ J I _ i � — Exhibit #2 01-DA-06 (REV) `STONER &ASSOCIATES, INC. SURVEYORSsMSPPyRS Tel. (954) 585-0997 4341 S.W. 62nd Avenue '(' RFlorida EYOR - Sunray PE Davie, Florida 33314 and Mapping Business No.8633 Fax (954) 585-3927 LEGAL DESCRIPTION OF '132' ZONE PARCEL BEING A PORTION OF TRACT A OF DONN ACRES SECTION 34-5142(P.B.76, PG. 30, M.D.C.R.) CITY OFAVENTURA,MIAMI-DADE COUNT',FLORIDA LEGAL DESCRIPTION: THENCE S.70°58'36"E.,ALONG SAID NORTH RIGHT-OF-WAY UNE,A A PARCEL OF LAND BEING A PORTION OF TRACT A,DONN ACRES DISTANCE OF 131.73 FEET,TO A POINT OF CURVATURE OF A ALSO BEING A PORTION OF THE NORTH ONE-HALF(N.112)OF TANGENT CURVE CONCAVE TO THE NORTHEAST; SECTION 34,TOWNSHIP 51 SOUTH,RANGE 42 EAST,ACCORDING TO THENCE SOUTHEASTERLY AND EASTERLY,ALONG THE ARC OF SAID THE PLAT THEREOF RECORDED IN PLAT BOOK 76,PAGE 30.OF THE CURVE TO THE LEFT,HAVING A CENTRAL ANGLE OF 21°05'30",A PUBLIC RECORDS OF MIAMI-DADS COUNTY,FLORIDA,SAID PARCEL RADIUS OF 614.09 FEET.FR/OR AN ARC DISTANCE OF 226.06 FEET BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TO A POINT OF TANGENCY; COMMENCE AT THE NORTHEAST CORNER OF THE NORTH ONE-HALF THENCE N.88°0121"E..ALONG A LINE TANGENT TO THE LAST (N.1/2)OF SAID SECTION 34,SAID POINT ALSO BEING THE DESCRIBED CURVE,A DISTANCE OF 940.42 FEET TO A POINT ON LINE NORTHEAST CORNER OF TRACT B OF SAID DONN ACRES; 138.41 FEET WEST OF AND PARALLEL WITH THE ZONING LINE OF THENCE S.88°0122"W.,ALONG THE NORTH LINE OF SAID NORTH ZONES"MO'AND Tr,RECORDED IN OFFICIAL RECORDS BOOK ONE-HALF(N 1/2)AND THE NORTH LINE OF SAID TRACTS A AND B, A 25136,PAGE 3860 OF THE SAID PUBLIC RECORDS; DISTANCE OF 1,511.74 FEET TO THE POINT OF BEGINNING OF THE THENCE N.01°58'38"W.ALONG SAID PARALLEL LINE,A DISTANCE OF HEREIN DESCRIBED PARCEL OF LAND; 629.41 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S.88°01'22"W.,ALONG THE NORTH LINE OF SAID NORTH ONE-HALF(N 1/2),AND THE NORTH LINE OF SAID TRACT A,A SAID LANDS SITUATE WITHIN THE CITY OF AVENTURE,MIAMI-DADE DISTANCE OF 1140.12 FEET,TOA POINT ON THE EAST COUNTY,FLORIDA CONTAINING 17.51 ACRES, RIGHT-OF-WAY LINE OF U.S.HIGHWAY NO.1(BISCAYNE (762,706 SQUARE FEET)MORE OR LESS. BOULEVARD),AS DESCRIBED IN OFFICIAL RECORDS BOOK 26075, PAGE 771,OF SAID PUBLIC RECORDS,ANDA POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE WEST,A RADIAL LINE OF SAID CURVE THROUGH SAID POINT HAVING A BEARING OF NOTES; S]9°47'58"E.FROM THE RADIUS POINT; 1.THE PROPERTY SHOWN HEREON WAS NOT ABSTRACTED FOR THENCE SOUTHWESTERLY,ALONG SAID RIGHT- OF-WAY LINE AND OWNERSHIP,RIGHTS-OF-WAY,EASEMENTS OR OTHER MATTERS OF ALONG THE ARC OF SAID CURVE TO THE RIGHT,HAVING A CENTRAL RECORD. ANGLE OF 02°2730"AND A RADIUS OF 3,921.83 FEET,FOR AN ARC DISTANCE OF 162.56 FEET,TO A POINT ON A NON-TANGENT LINE; 2.THIS SKETCH AND DESCRIPTION IS"NOT VALID"WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED THENCE S.26°25'07"W.,ALONG SAID RIGHT-OF-WAY LINE A DISTANCE SURVEYOR AND MAPPER. OF 51.49 FEET,TO A POINT ON THE SAID EAST RIGHT-OF-WAY LINE 3. THE BEARINGS SHOWN HEREON ARE BASED ON S.88°0122"W. OF ROAD NO.5(U.S.HIGHWAY NO.1),AS SHOWN ON FLORIDA ALONG THE SOUTH LINE S.E.'L OF SECTION 27-5142,AS SHOWN ON DEPARTMENT OF THE TRANSPORTATION MAP NO.87030-2201,SAID THEE BT OF GULFSTREAM K.RECORDS DEDI IN PLAT BOOK 182,AT POINT BEING ON THE ARC OF A NON-TANGENT CURVE CONCAVE TOOF THE DADS COUNTY, THE WEST,A RADIAL LINE OF SAID CURVE THROUGH SAID POINT FLORIDA. HAVING A BEARING OF S.76°41'31"E.FROM THE RADIUS POINT; 4.THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY THENCE SOUTHWESTERLY,ALONG SAID EAST RIGHT-OF-WAY LINE. (THIS IS NOT A SURVEY). ALONG THE ARC OF SAID CURVE TO THE RIGHT,HAVING A CENTRAL 5.THIS SKETCH OF DESCRIPTION WAS PREPARED BY THIS FIRM ANGLE OF 04°41'59",A RADIUS OF 3,909.83 FEET,FOR AN ARC WITHOUT THE BENEFIT OF A TITLE SEARCH.THE LEGAL DESCRIPTION DISTANCE OF 320.70 FEET,TO A POINT OF REVERSE CURVATURE OF SHOWN HEREON WAS AUTHORED BY STONER B ASSOCIATES INC. A TANGENT CURVE CONCAVE TO THE NORTHEAST; 6.SEE SHEETS 2 AND 3 OF 3 FOR A GRAPHIC DEPICTION(SKETCH)OF THENCE SOUTHWESTERLY,SOUTHERLY AND SOUTHEASTERLY, THE PROPERTY DESCRIBED HEREON. ALONG THE ARC OF SAID CURVE TO THE LEFT,HAVING A CENTRAL ANGLE OF 88°53'36",A RADIUS OF 25.00 FEET,FOR AN ARC DISTANCE OF 38.79 FEET,TO A POINT OF TANGENCY (THE PREVIOUS FOUR COURSES BEING COINCIDENT WITH SAID EAST RIGHT-OF-WAY LINE), Exhibit#3 SID POINT ALSO BEING ON THE NORTH RIGHT-OF-WAY L 213 STREET,AS DESCRIBED IN OFFICIAL RCORDS BOOKINE 17973,OF N.E. 01-DA-06 (REV) PAGE 3869.OF SAID PUBLIC RECORDS; CERTIFICATE: S IS TO CERTIFY TINT THE SKETCH AND LEGAL DESORPTION SHOWN HEREON IS ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. JrTHI I FURTHER CERTIFY THAT TNS SKETCH AND LEGAL DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSONAL a SURVEYORS AND MAPPERS IN CHAPTER SJ-17.FLORIDA ADMINISTRATIVE DE,PURSUANT TO SECTION 472.07,FLORIDA STATUTES. SEAL a MA REVISIONS not errDATE: Mar 31, 2017 NOT VAUD UNLESS m RICHARD G. CRAWFORD Jr. SEALED HERE WITHI PROFESSIONAL SURVEYOR AND MAPPER NO. 5371 - STATE OF FLORIDA SURVEYOR'S SEAL Z AN EMBOSSED THL TERVE SHOWN HEREON IS ME PROPERTY CT STONERS ZCO N- ASSOCIATES,INC AND SHALL NOT BE REPRODUCED IN WHOLE OR IN DATE OF SKETCH: DRAWN BY CHECKED BY FIELD BOOK ART WIMpn FERMSSKIN OF STONER B ASSOCIATES.WC. N WPMIGIn®Mn 3/31/17 DRL ROC N/A SHEET 1 OF m Exhibit#4 01-DA-06 (REV) • \ $r`�1 `f y` art ' • y j$$��� Al 'J.. z•+ �-Yti ,i4 le a,, ,,;.....,. . .:.-f--, 1�!^ �,' •_ ,LIB:. M�'.4, J <b •a)-4. .1. „'fie,{._ i ` te, Z49.-r •'s,,tt ..1z,, J' - r, Yejy:d N'. X' .$ r L 51 � �_.� � 4 cti °a.� �f� t '�:��J ��tn` -1 s+ _ ft3t fir' '" 44 '. �.^� +n ,y ti:..s s • t "`� $' r i.:: •.q { , et ..7,' y. .-c'� d a .x......„7.,.=- ,r-sa ..' i.• • r•.rf ,i s f*.-1�yyee .§" - N. - I 17' ,, V. Q . y7.,,w,-).,.--. PROPOSD, r "�'. IS '"." r'+r � .54 t� "' - 7.,,w``'.ice .,c 7RAC7'R''PARK AREA .,r.. 1- .11, +r c+c:n.•.. tea- ;. 4p~ ""' 0.98:Art. A' , i ' �. c j §� , IONNWG'8?Si7E \ MO TRACT �\ ` �\ � 11 3 + ,,�f7.e. (IR.550 Acres) \CESS PARK SRE \ ���-r4. ' Y 'sr +er-,sw°.,�.+' •` 02.)30 Acres 'mss'.---• '�''� 4,ri4 f. PROPOSED �"'Y TRACT'A PARK AREA p - y E '` t,. r� ''..1':4,_ `t ( \. 6.022 Acres ¢�w ,.":4-17--t-_,:.--.---. �. •. :' err hr� " '"�'yr / �` •X k INL 1 p R� - .-. y{•`4 '9 • Li.. r L -,. 1L..S�R,µ,,� a nir°Oeft01... , ,t _ _ y Ili aH•0l "e ya(ry,3'f {" •�77i Ya "°` •.7;;:l.%0•14 , W _ • 'Y •�'n . 3ar,,.....„..„-z,,,,,, 4,-v� es�...e��� ,jrriX7' � iFnr�-��zcz�j �h: 1� i � �:�.��fl. .: a >, '4., �, :. :k r : tie e."f a.r. �� • M{"'�Y.`"'� ma y' ig 44 212'14,101. } ' Y i L h K" ,, . 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' e r APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-71(b)(2)(i)al the City of Aventura Land Development Code,this Applicant Representative Affidavit is hereby made and submittedthe 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 10 the application(it deferent)hereby lists and identifies all persons representing Are ARA/dual or entity applying for the Devebpment Permit in connection with the application,as follows. Name Relationship rte.Attorneys,Architects,Landscape Architects,Engineers,Lobbyists,Etc,J Ec1�wte, rI .. .�}v2.ckti ovNIel - ------- — �• IcarG C. VZyJ\Ov1 Sv— (Atlaph 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-i1(B)(2)(1V)OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE_IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CIN BOARD OR COMMISSION THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE2. FIL NHL,Ms Isli ,+1151Q47A0/i;I MPr .2o47 , k/EF.P R SEDT ACNE as APPL ICANI OWNER t orxuwi - 512naftire • .- 7- p'10 Nam( _ _-_ Name. Y e ^e,_� — _ lam". '^-{1or r 3Seg TInJC ddres. Address_Ret so - _.----- --- -- .- --.- - - l4eSlaaidu-le, gea,Cfn._Ia=L 330Y'-I`t ORAL., III MIAMI P,SOF P C+. ...p (r re he griper slg'ec dulttctr ly pals[t Ilv appeared - ' e3�1 d 1h aclhonzee er al vs d the „ r e d h wren c.. oertysubject the application who belay first h, e ,u v wa 1////l 1111 w - .Y aff ba eisb. r It Aflidaet�Annoys,stated Therp n,r Iarls trues d one J� al 1 AN' ,iR,S, is Bh Fri-:'RSAS PRIG-Id, .r mil_ 2017 ,e,,.pr ASHLEY ANDUJAR b°ro dI stem - - +e Y • Commission A FF Bo3586 Angleo Name Y ^star.As • tbVwJ r r R 5 My Commission E.Pires .Mn iss0. a.0 - Oi I`�i It 17-CI a July 26. 2019 0 BUSINESS RELATIONSHIP AFFIDAVIT* ills Affidavit is made pursuant to Section 31—/l(b)(2)(1)of The City of Aventura Land Development Codehe undersigned ARant nereby discloses that. (mark with"x'applicabB portions only) yy1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. j j 2 Af1ant hereby discloses that it does have a Business Relalwnshtp with a member of the City Commission or a City Advisory Board to which the acphcahon will be presented,as follows: (List name of Commissioner or Adelson Board Member) who serves on the _(List Gly Commission or City Advisory Board open which member serves). The nature of the Business Relationship is as follows f.Ji Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; ,pi Member of City Commission or Board is a partner,ooshareholder(as to shares of a norporatron which are rot listed on any nabpnal or re6ional stock exchange)or joint venturer with the Applicant or Representative if, any busiri s venture; he Applicant or Reeresentative is a Cbenl of a member of the City Commission or Board ora Client of anethef Professional working born the same office or for the same employer as the member of the rdp Conmiw ton or Board. A Ohs om ssroner or Board nembeis a Clifial ni MMR fyplicant Of Representative hbe Ar am or Representative id a Customer of the member of the Cernmiss on ji.Board for he His of he, iiriplOVeri and transacts .more than$1f,000.00 of the business of the,member of thr+ mis_sino or Beard'm MS or her employed in a given calendar year Y,. The yernber nl the City i iraiinfriiSSicin or Board is a Customer of the Applicant of Repress tai, . nn:i trep=ans More Mai 525,000 00 of the business M the Applicant or Representative in a given calendar vear =5my iruh.nhf tAv,i= .zoo . _ ......Nup: [lune t IPdN) _.. .. pPn J �I_ lent,. , _ItYtR 417 Y2 r a +(or WITNESS MY HANG THIS talLOAn OF Pikibti 2011 REPRESE6 C ted opBusiness Relationship Affidavit; By iA' a f��y'I J ���`,�;ramrc-.' 5y cronofure Name. Name (Pira) 'He A{{py1Je 'Pune Mlle __. Pots By ;Mona/urnBy:. 54na(m'e Name 1;_ 0_�iu' Name (( iv I,l, E."IOR ('rnoi Title. (blob !_Sign3lnm! By (ironafrae Name (Prins' Name: /Pnnj L_ _ IPMii Tine_ !Pnoo Bv.__.__. _._avcnah BR rSIonarme me iPrur . cs Title thio Bc f.7r7 ia.: By ti(Ond(plP in Title rPrruU MI.: r .. Tine. �nnr vlain u='; By trouaar'.' itb iles_ rinl' Y. r-IIP- ,yriib 90 I »a d bpi',pie Sheets if disyiosury information or Representative vanes _ _i Linc gh� .nl Ard.hJ i.. it �i. T biryc' Rt. Inri 1 t . r. u. �en1 tI a � i NOTARIZATION PROVISION STATE OF FLORIDA 1 COUNTY OF MIAMI DADE; Waleme,We undersigned eutpnry.personally appeared 0.3 Sg4WSCo Mi by me oly morn did sow n affrm brat hence execuled this Affidast for the purposes slated hereto and Nal lis ede and correct // / ,y , l' / e FFIBNTiCCC��Y"��� SWORN TO AND SUBSCRIBED before me QAs I VS day of AtA 1 Pee 2 or-i yrrr,. Wary PYIIa SWI M Rogge ��. Wit Daniel Selo" iJ le nde hr Lory=. "jy°• �4ur el eYie arw 1e 19U30]i 059/fi! PMt!d Name aN Nowa L a� My commsson weir odi s if Or FLORIDeMAMI- ) COI O MI MI DAD) : ____tT:y�_r�l.� C7 . Bea em undersigned Morino II appeared ^I the AManl, h ajiin _ mediv swopi dra.. ai lig Ann nor ham e. medul this eid .r frr lel n sidled Mesas and that 111P.ens' `/,( •/ .p�� .AFt IANT SVOPJ TO ASUCRIeED eelnre me Mir 10 day or Mfly .2017 �� ND &S A...7A , :" ASHLEY�ANDUJAR x�L Commis 1 nIFF 909584 Notary pee la;eofFAbr�deNlleryy-- I: My Commission Expires �( I.Ey ;S� , (2 ww July 26. 2019 '>c" Notal Iver roiemi sis exoires En 12.teI 7-1- i 9 hlD' MI 1 I apnea w ,.ore r -0 tfidatit fd siesnrsoseeslew i larand Ma: .11ICane nnrrar:'. N1 : NDs rpm 'TM.. 1. '1, 1 Dc Nolan Pub.c Stele of Flondo AI I ara= Paned Nalw of Nolan Mv roritrostor owl en Oe IN a AthAen �re W au..cn. c"me - 0 5 r a... ..r. v • ala r i+ I v i.IN. ir �. / 1 c tuo , f / .+^ LEIGH ANNE GIOIA 0 A $ `1.�a 101C\ My COMMISSION MFF1932d2 A ,rlm. EXPIRES FHrvary 27.2019 ts0oasoee riorISNey+w+s•fly" ORDINANCE NO. 2017- _ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT PURSUANT TO CHAPTER 163, F.S., DATED NOVEMBER 8, 2006 MADE BETWEEN GULFSTREAM PARK RACING ASSOCIATION INC. AS DEVELOPER AND THE CITY OF AVENTURA TO EXTEND THE TERM OF THE AGREEMENT FROM JULY 7, 2017 TO JULY 7, 2024, TO REVISE EXHIBITS "A" AND "B" TO THE AGREEMENT WITH NEW LEGAL DESCRIPTIONS FOR THE RECONFIGURED B2 DISTRICT AND MO DISTRICT PARCELS, TO ADD THE 2.0 ACRE CONVEYANCE TO THE CITY AND TO AMEND THE VEHICULAR ACCESS RESTRICTION TO AND FROM NE 213 STREET, ALL RELATING TO PARCELS OF LAND LOCATED ON THE NORTH SIDE OF NE 213 STREET, EAST OF BISCAYNE BOULEVARD, CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Gulfstream Park Racing Association Inc., through Application No. 01-DA-06(REV), has applied to modify the Development Agreement dated November 8, 2006 made between Gulfstream Park Racing Association Inc. and the City of Aventura recorded in Official Records Book 25122, at Page 4603, of the Public Records of Miami-Dade County, Florida (the "Development Agreement"); 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 application and has considered the testimony of all interested parties at the public hearings, and has determined that the amendment to the Development Agreement requested by the applicant is appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That the Modification to Development Agreement attached as Exhibit "1" to this Ordinance, extending the termination date of the Development Agreement from July 7, 2017 to July 7, 2024, revising Exhibits "A" and "B" of the Agreement with new legal descriptions for the reconfigured B2 District and MO District parcels, adding the conveyance of 2.0 acres to the City and amending the vehicular access restriction to and from NE 213 Street, is hereby approved. City of Aventura Ordinance No. 2017-_ Section 2. The City Manager is hereby authorized to execute the agreement on behalf of the City. 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. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Shelley, who moved its adoption on first reading. This motion was seconded by Commissioner Landman and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Gladys Mezrahi Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Howard Weinberg 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman Page 2 of 3 City of Aventura Ordinance No. 2017- PASSED on first reading this 14th day of June, 2017. PASSED AND ADOPTED on second reading this 17th day of July, 2017. 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 , 2017. CITY CLERK Page 3 of 3 Alter Recording Please Return ta: EIRsa L Horvath,MMC,City Clerk City alAventura 19200 West Country Club Drive Exhibit #1 Aventura,F133180 01-DA-06 (REV) FIRST MODIFICATION TO DEVELOPMENT AGREEMENT THIS FIRST MODIFICATION TO DEVELOPMENT AGREEMENT ("First Modification") is entered into the day of , 2017, by and between THE CITY OF AVENTURA, a Florida municipal corporation (the "City") and GULFSTREAM PARK RACING ASSOCIATION, INC., a Florida corporation ("Gulfstream"), as Owner of the land. RECITALS: WHEREAS, Gulfstream owns the property, consisting of approximately 19.5 +/- acres of land (the "Gulfstream Property"), zoned B2, Community Business District according to the City's Official Zoning Map, legally described as Exhibit"A" in the Agreement; WHEREAS, on November 8, 2006, Gulfstream and the City entered into a development agreement recorded in Official Records Book 25122, at page 4603, of the Public Records of Miami-Dade County, Florida, (the "Agreement"), pursuant to the Florida Local Government Development Agreement Act Sections 163.3220-163.3243, Florida Statutes; WHEREAS, the Agreement preserved the existing zoning of the property in accordance with the City's Comprehensive Plan and Land Development Regulations for a ten (10) year term beginning on November 8, 2006, provided for conveyance of the Waterways Park parcel to the City and restricted vehicular access to and from NE 213 Street to the adjacent Gulfstream lands; WHEREAS, since the date of execution of the Agreement, Gulfstream has complied with the terms of the Agreement; WHEREAS, the City and Gulfstream have entered into an Agreement of Purchase and Sale dated April 3, 2017 under which the Seller has agreed to sell to the City a 2.0 acre parcel of land adjacent to Waterways Park legally described in Exhibit "B" and Gulfstream has requested and the City has agreed to process in accordance with City Code and Florida Law (i) a rezoning of a portion of the B2 property consisting of 2.0 acres from B2 to MO; (ii) an amendment to the Development Agreement providing for a seven (7) year extension of the term, providing for conveyance of the 2.0 acre parcel from Gulfstream to the City and providing for modification to the vehicular access restriction to the B2 parcel from NE 213; (iii) an amendment to the Conditional Use Approval adopted in Resolution No. 2006-62 to extend the approval for seven (7) years and to add the rezoned 2.0 acre parcel to the conditional use approval and (iv) amend the vehicular access restriction on NE 213 Street. WHEREAS, Gulfstream and the City agree to a modification of the Agreement to include the new legal description for the reduced B2 parcel and for the reconfigured MO parcel, to amend Section 4. to extend the term of the Agreement, to amend Section 8. to describe the 2.0 acre parcel to be conveyed to the City and to revise Section 14. to amend the vehicular access restriction to NE 213 Street; NOW, THEREFORE, in consideration of the mutual covenants and agreements expressed herein, Gulfstream and the City agree as follows: 1. Recitals. The recitals set forth above are incorporated herein and form an integral part of this First Modification. 2. Exhibits Replaced . Exhibit "A" to the Agreement is deleted and the attached Exhibit "A" describing the 17.5+/- acres B2 parcel is substituted therefor. Exhibit "B" to the Agreement is deleted and the attached Exhibit "B" describing the reconfigured 12.7 +/- acres MO parcel is substituted therefor. 3. Modification of Agreement. Section 4. of the Agreement is amended as follows: 4. Effective Date and Duration. This Agreement shall become effective on the Effective Date. The Agreement shall be recorded in the public records of Miami-Dade County and shall run with the land and shall be binding on all parties and all persons claiming under it for a term of ten (10) years from the Effective Date. The term of this Agreement may be extended, as well as any other change to this Agreement, including release or partial release, upon execution of an instrument by the Developer (or its assigns, which may include, but not be limited to a Community Development District and/or a master property owners' association with appropriate authority over the Property) and with the consent of the, then, owner(s) of a majority of the Property, provided that such change has been approved by the City after public hearing, pursuant to Sections 163.3225, and 163.3229, Florida Statutes. The City may apply subsequently adopted laws and policies to the Property solely pursuant to the procedures of Section 163.3233(2), Florida Statutes. The term of this Agreement was extended from November 8, 2016 to July 7, 2017 pursuant to Executive Order 16-230 issued by the Governor of the State of Florida under the provisions of Section 252.363(1)(a), F.S. The term of this Agreement is further extended for seven (7) years from the last effective date of July 7,2017 to July 7,2024. Section 8. of the Agreement is amended as follows: 8. Reservation or Dedication of Land. Except as otherwise provided below and pursuant to applicable subdivision regulations, the Developer shall not be required to dedicate or reserve any land within the Property for municipal purposes. (a) Public Park The City and the Developer have entered into a Purchase and Sale Agreement dated May 12, 2006 (the "Purchase and Sale Agreement"), which the Developer. The City and Gulfstream have entered into a Purchase and Sale Agreement dated April 3, 2017, which agreement contemplates the acquisition by the City of a 2.0 acre parcel of land owned by Gulfstream. Section 14. of the Agreement is amended as follows: 14. Conditions, Terms or Restrictions Deemed Necessary by Local Government for Public Health, Safety and Welfare. Vehicular access (other than as may be required by government for emergency vehicles) to and from Developer's Hallandale Beach DRI Lands and the Gulfstream Park Tract to N.E. 213'h Street on and after the date the first temporary certificate of occupancy is issued for a residential building constructed on the Adjacent Property shall be prohibited, provided, however, that until such access is permanently prohibited as set forth above, vehicular access to the Gulfstream Park Tract from N.E. 2131h Street shall be permitted on an interim basis subject to the following restrictions: (i) access by the public shall be restricted to weekdays, weekends and holidays on which horse racing events are scheduled at Gulfstream Park, (ii) after the execution of a mutually acceptable construction phasing plan, access on all other days shall be restricted to construction vehicles, provided that such access shall be permitted only until such time as construction of the renovation and expansion of the improvements to the Clubhouse and the Slot Facility Building now or hereafter located on the Gulfstream Park Tract is completed, and (iii) at no time shall vehicular access from N.E. 213th Street to Developer's Hallandale Beach DRI Land be permitted for any purpose (other than as may be required by the government for emergency access). 4. Agreement Status. The terms and conditions of the Development Agreement dated November 8, 2006 shall remain in full force and effect except as herein modified. Signed, sealed, executed and acknowledged this day of , 2017 [Signature Pages to Follows[ IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. ATTEST: CITY OF AVENTURA, FLORIDA By: Ellisa L. Horvath, MMC, City Clerk Eric M. Soroka, ICMA-CM, City Manager day of , 2017 Approved as to form and legality City Attorney WITNESSES: GULFSTREAM PARK RACING ASSOCIATION, INC., a Florida corporation Signature By: Print Name Signature Print Name STATE OF FLORIDA SS. COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this day of 2017, by of Gulfstream Park Racing Association, Inc., a Florida corporation, on behalf of the corporation. He is personally known to me or has produced as identification, and acknowledged that s/he did execute this instrument freely and voluntarily for the purposes stated herein. My Commission Expires: Notary Public, State of Florida Print Name EXHIBIT "A" EG4" L1'L81"( A —CU 1 {36'f� $TONER & ASSOCIATES, INC. 4341 S.W. 62nd Avenue (i—�- SURVEYORSsMSPPERS Tel. (954) 585-0997 `' api ne Survey Davie, Florida 33314 and Mapping Business No, 6633 Fax (954) 585-3927 LEGAL DESCRIPTION OF '82' ZONE PARCEL BEING A PORTION OF TRACT A OF DONN ACRES SECTION 34-51-42 (P.B.76, PG. 30, M.D.C.R.) CITY OF AVENTURA,MIAMI-DADE COUNTY,FLORIDA LEGAL DESCRIPTION: THENCE S.70°5886"E.,ALONG SAID NORTH RIGHT-OF-WAY LINE,A A PARCEL OF LAND BEING A PORTION OF TRACT A,DONN ACRES DISTANCE OF 131.73 FEET,TOA POINT OF CURVATURE OF A ALSO BEING A PORTION OF THE NORTH ONE-HALF(N.1/2)OF TANGENT CURVE CONCAVE TO THE NORTHEAST, SECTION 34,TOWNSHIP 51 SOUTH,RANGE 42 EAST,ACCORDING TO THENCE SOUTHEASTERLY ANDEASTERLY,ALONG THE ARC OF SAID THE PLAT THEREOF RECORDED IN PLAT BOOK 76,PAGE 30,OF THE CURVE TO THE LEFT,HAVING A TL ANGLE OF 21°0830',A PUBLIC RECORDS OFMIAMI-DARE COUNTY,FLORIDA,SAID PARCEL RADIUS OF 614.09 FEET,FR/OR AN ARC DISTANCE OF 226.06 FEET BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TO A POINT OF TANGENCY; COMMENCE AT THE NORTHEAST CORNER OF THE NORTH ONE-HALF THENCE N88°01'21"E.,ALONG A LINE TANGENT TO THE LAST (N.1/2)OF SAID SECTION 34,SAID POINT ALSO BEING THE DESCRIBED CURVE,A DISTANCE OF 940.42 FEET TO A POINT ON LINE NORTHEAST CORNER OF TRACT B OF SAID DONN ACRES; 138.41 FEET WEST OF AND PARALLEL WITH THE ZONING LINE OF THENCE S.88°0122"W.,ALONG THE NORTH LINE OF SAID NORTH ZONES'MD"AND"827 RECORDED IN OFFICIAL RECORDS BOOK ONE-HALF(N 1/2)AND THE NORTH LINE OF SAID TRACTS A AND B, A 25136,PAGE 38800E THE SAID PUBLIC RECORDS', DISTANCE OF 1511.74 FEET TO THE POINT OF BEGINNING OF THE THENCE N.01°58'38'W,ALONG SAID PARALLEL LINE,A DISTANCE OF HEREIN DESCRIBED PARCEL OF LAND; 629.41 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S,88°01'223W„ALONG THE NORTH LINE OF SAID SAID LANDS SITUATE WITHIN THE CITY OF AVENTURE,MIAMI-DADE NORTH ONE-HALF(N 1/2).AND THE NORTH LINE OF SAID TRACT A,A COUNTY,FLORIDA.CONTAINING 17.51 ACRES, DISTANCE OF 1140.12 FEET,TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF U.S.HIGHWAY NO.1 (BISCAYNE (762706 SQUARE FEET)MORE OR LESS. BOULEVARD),AS DESCRIBED IN OFFICIAL RECORDS ROOK 26075, PAGE 771,OF SAID PUBLIC RECORDS,AND A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE WEST,A RADIAL LINE OF SAID CURVE THROUGH SAID POINT HAVING A BEARING OF NOTES: S.79°4758"E.FROM THE RADIUS POINT; 1.THE PROPERTY THENCE SOUTHWESTERLY,ALONG SAID RIGHT-OF-WAY LINE AND OWNERSHIP,RIGHTS-OF-WAY, AY,HEREON WAS NOT OR OTHER MAT FOR OF-WAV,EASEMENTS OR OTHER MATTERS OF ALONGGTHE ARC 2OF SAID RADIUS OF 3RIGHT,HAVING AN ARC RECORD. ANGLE OF 02°2630'AND A RADIUS OF 3,921.83 FEET,FOR AN ARC DISTANCE OF 162.56 FEET,TO A POINT ON A NON-TANGENT LINE, 2 THIS SKETCH AND DESCRIPTION ISNOT VALID'WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED THENCE 5.26°25'07'W.,ALONG SAID RIGHT-OF-WAY LINE A DISTANCE SURVEYOR AND MAPPER. OF 51.49 FEET.TO A POINT ON THE SAID EAST RIGHT-OF-WAY LINE 3. THE BEARINGS SHOWN HEREON ARE BASED ON 5.88°01'22"W. OF ROAD NO.5(U.S.HIGHWAY NO.1),AS SHOWN ON FLORIDA ALONG THE SOUTH LINE S.E.%OF SECTION 27-51-42,AS SHOWN ON DEPARTMENT OF THE TRANSPORTATION MAP NO.87030-2201,SAID THE PLAT OF GULFSTREAM PARK,RECORDED IN PLAT BOOK 182,AT POINT BEING ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO PAGE 195-203,OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, THE WEST,A RADIAL LINE OF SAID CURVE THROUGH SAID POINT FLORIDA. HAVING A BEARING OF S.76°41'31'E.FROM THE RADIUS POINT; 4.THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY THENCE SOUTHWESTERLY,ALONG SAID EAST RIGHT-OF-WAY LINE, (THIS IS NOT A SURVEY). ALONG THE ARC OF SAID CURVE TO THE RIGHT,HAVING A CENTRAL 5.THIS SKETCH OF DESCRIPTION WAS PREPARED BY THIS FIRM ANGLE OF 04°4159",A RADIUS OF 3,909.83 FEET,FOR AN ARC WITHOUT THE BENEFIT OF A TITLE SEARCH.THE LEGAL DESCRIPTION DISTANCE OF 320.70 FEET,TO A POINT OF REVERSE CURVATURE OF SHOWN HEREON WAS AUTHORED BY STONER 8 ASSOCIATES,INC. A TANGENT CURVE CONCAVE TO THE NORTHEAST; 6.SEE SHEETS 2 AND 3 OF 3 FOR A GRAPHIC DEPICTION(SKETCH)OF THENCE SOUTHWESTERLY,SOUTHERLY AND SOUTHEASTERLY, THE PROPERTY DESCRIBED HEREON. ALONG THE ARC OF SAID CURVE TO THE LEFT,HAVING A CENTRAL ANGLE OF 88'5388',A RADIUS OF 25.00 FEET,FOR AN ARC DISTANCE OF 38.79 FEET,TO A POINT OF TANGENCY.(THE PREVIOUS FOUR COURSES BEING COINCIDENT WITH SAID EAST RIGHT-OF-WAY LINE), SAID POINT ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF N.E. 213 STREET,AS DESCRIBED IN OFFICIAL RECORDS BOOK 17973, PAGE 3869.OF SAID PUBLIC RECORDS', CERTIFICATE: DC THIS S TO CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION SHOWN HEREON IS ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL �" d SURVEYORS AND MAPPERS IN CHAPTER 51 2 WSEAL17,FLORIDA ADMINISTRATIVE CODE,PURSUANT TO SECTION 47 ,FLORIDA STATUTES. N REVISIONS DATE gy DATE: Mar 31, 2017 NOT VALID UNLESS m RICHARD G. CRAWFORD Jr. SEALED HERE WITH ' AN EMBOSSED 6 b PROFESSIONAL SURVEYOR AND MAPPER NO. 5371 - STATE OF FLORIDA SURVEYOR'S SEAL z 00 THE MATERIAL SHOWN HEREON IS THE PROPERTY OF STONER& Z IP ASSOCIATES,INC.AND SHALL NOT BE REPRODUCED IN WHOLE OR IN DATE OF SKETCH' DRAWN BY CHECKED 6Y FIELD BOOK 4)C4I PART W?HoJT PERMISSION OF STONER B.ASSOCIATES INC. COPYRIGHTT12Dv 3/31/17 DRL RGC N/A SHEET 10F3 0 STONER ASSOCIATES, INC. SURVEYORS SURVV EYORS--MAPPERS PERRS 4341S.W. 62nd AVE.Davie, Florida Licensed Survey Tel. (954) 585-0997 De, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927 SKETCH OF DESCRIPTION 'H2' ZONE PARCEL BEING A PORTION OF TRACT A OF DONN ACRES SECTION 34-51-42(P.B.76, PG. 30, M.D.C.R.) CITY OF AVENTURA,MIAMI-DADE COUNTY,FLORIDA NORTH LINE N.1/2 SECTION 34 Rz ° ' AND NORTH LINE TRACTS A AND B 5.88°012727W_ 1,51174', BROWARD COUNTY 5.88°01'223W. 1,14012 — — —MIAMI OAOE COUNTY— ' — — — — P.O.S. I /I 1e EASEMENT P.O.C=> I 10.R.B 2054,PG.162,M AC R.) NORTH LINE TRACT A N E.CORNER N.112 OF SECTION 34-5142 AND N E.CORNER TRACT B. DONN ACRES.P 0.76.PG.0..MOLR 1 I ) LEGEND: I O.R B OFFICIAL RECORDS BOOK P.B. PLAT BOOK PG. PAGE cp 1 841' MD C.R. MIAMI-DADE COUNTY RECORDS Q B.C.R. BROWARD COUNTY RECORDS P.O.C.. . POINT OF COMMENCEMENT �� P.O.B. POINT OF BEGINNING U. 01 D . CENTERLINE -55 F.D.OT FLORIDA DEPARTMENT OF TRANSPORTATION y~jI __5\2_ BREAK IN SCALE W I Y CV W au =II A PORTION OF TRACT A zo W I DONN ACRES Z• 8 o _so J (P.B. 76, PG. 30, M.D.C.R.) i _ iq I 17.51 ACRES - —£ p 762.706 SQUARE FEET -- om C Fa �I of Rol I ><a I wo I �I 1 I �N.RIGHT-OF-WAY LINE `CS 1 L.41' 13%35"O. OF EASEMENT.DCRJ cQ UTILITY EASEMENT 1 I p 0. 400N B 204W,PGG 2A NNB.MD C 10 R .2fi665,PG 1.676.,M OL R) IOR0.20400 PG2 6EMDECRASRT — N.8B°0122-E. 940.92' FP SL.UTILITY EASEMENT (0 R B.19092.PG 2020.MDC R) N . E . 2 1 3 t h STREET SCALE: 1°=100' RIGHT-OF-WAY5DEEDED TO THE CITY 0 RIGHT-OF-WAYP RAVENEORA LAKES-PHASE NTURA PER O.R.B.1I. PG.3869, _ P B.153,PG.6,M.DL.R. ME01 NOTE: 0 u so 100 Soo SEE SHEET 1 OF 3 FOR THE LEGAL GRAPHIC SCALE DESCRIPTION OF THE PROPERTY SHOWN GRAPHICALLY HEREON. qq SKETCH NO. FILE: a\Users\damlm.SIWERIDRKY\uppdom\local\te6�n3 mp\ACPce612\2.0 ACRE PARCELdrg SHEET@OF 3 12-7854 'H2' PAR be"- , STONER &ASSOCIATES, INC. SURVEYORS-MAPPERS Tel. (954) 565-0997 4341 S.W. 62nd AVE. Florida Licensed Survey Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927 SKETCH OF DESCRIPTION 'B2 ZONE PARCEL BEING A PORTION OF TRACT A OF DONN ACRES I I SECTION 34-51-42(P.8.76, PG. 30, M.D.C.R.) CITY OFAVENTURA,MIAMI-DADE COUNTY,FLORIDA I 8138°1:FR8E431 8,41R: I ©` i, I I NORTH LINE N.112 SECTION 30 j1 Tg°a' 58• 5.88°01'22"W 114012' BROWARD COUNTY I ^-\(RAZ206 —_ — _ _MIAMI-D • •D .— 1-S EASEMENT tr ti (O.RB 2054.PG 182 MGG0.) oQ O NORTH LINE TRACT A Nmy F I me Nob Wr r W g Ux,¢, jQ LEGEND: I C 2 aaC O.R.B" OFFICIAL RECORDS BOOK 1 3o RB PLAT BOOK ¢ 9 om PG. . PAGE U i M.D,CR.. MIAMI-DADE COUNTY RECORDS r e So B.C.R. . . BROWARD COUNTY RECORDS CO m Er-cc P.O C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING IR 2-a:70°4837.g - IRADIg41 E 5.26°25'07"W. F.D.O.T. FLORIDA DEPARTMENT 10 51.49' OF TRANSPORTATION N CO -V_ BREAK IN SCALE igi WJW¢ I W IN m ry i i 3 O IW z m A PORTION OF TRACT A o W° DONN ACRES If) , (P.B. 76. PG. 30. M.D.C.R.) O&.'' F' 6) 3¢�m 17.51 ACRES si o1__ 762,706 SQUARE FEET rc,u 1 cc -52E-Eu W8f CA=8B°53'36" I R=25.00' A=38.79' `s.20753,, e N.RIGHT-OF-WAY LINE I 73773, "CITY OF AVENTU AEASEMENT 1 / (0.R.B.20000.PG 2646.M.0 C R) ' CA_26=2276.0:-67.— , — _ — _ — ^=•14.09' N.88°01'22'E. 940.92' A=226.06' N . E . 2 1 3 t h STREET SCALE. 1"=100' RIGHT-OF-WAY DEEDED TO THE CITY OFAVENTURA PER O.R.B.17937,PG.3869, 50'RIGHT-OF-WAY PER R6 AVENTURA L LAKES-PHASE I. NOTE: IM SEE SHEET 1 OF 3 FOR THE LEGAL DESCRIPTION OF THE PROPERTY 0 25 M IAD zao SHOWN GRAPHICALLY HEREON. GRAPHIC SCALE q SKETCH NO FILE c\Users\aamlmsTBHEeSURVEY1WPan1a 111cu11pmP\AcPumi5_5612\20 ACRE PARCELdmg SHE ET&OF 3 12-7854 'B2' PAR EXHIBIT "B" Ceinz use ?MQCEz NEI.A µoN `STONER &ASSOCIATES, INC. SURVEYORS-MAPPERS 4341 S.W. 62nd Avenue Vim' Florida Licensed Survey Tel. (954) 585-0997 Davie, Florida 33314 "`aa�// and Mapping Business No.6633 Fox (954) 585-3927 LEGAL DESCRIPTION OF ZONING ma SITE BEING A PORTION OF TRACT A OF DONN ACRES SECTION 34-51-42(P.B.76, PG. 30, M.D.C.R.) CITY OF AVENTURA,MIAMI-DADE COUNTY,FLORIDA LEGAL DESCRIPTION: LEGAL DESCRIPTION: (CONTINUED) A PARCEL OF LAND BEING A PORTION OF TRACT A,DONN ACRES ALSO BEING A PORTION OF THE NORTH ONE-HALF(N.1/2)OF THENCE N.50°29'14"E.,A DISTANCE OF 32.10 FEET TO A POINT ON SECTION 34,TOWNSHIP 51 SOUTH,RANGE 42 EAST.ACCORDING TO THE EAST LINE OF SAID NORTH ONE-HALF(N.1/2)AND THE EAST THE PLAT THEREOF RECORDED IN PLAT BOOK 76.PAGE 30,OF THE LINE OF SAID TRACT B,(THE PREVIOUS TWO COURSES BEING PUBLIC RECORDS OF MIAMI-DADE COUNTY,FLORIDA,SAID PARCEL COINCIDENT WITH THE SAID NORTH RIGHT-OF-WAY LINE); BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THENCE N,0262114"W.,ALONG SAID EAST LINE.A DISTANCE OF BEGIN AT THE NORTHEAST CORNER OF THE NORTH ONE-HALF(N. 541.55 FEET,TO THE POINT OF BEGINNING. 1/2)OF SAID SECTION 34,SAID POINT ALSO BEING THE NORTHEAST SAID LANDS SITUATE WITHIN THE CITY OF AVENTURA,CORNER OF TRACTS OF SAID DONN ACRES: MIAMI-DADE COUNTY,FLORIDA,CONTAINING 12.72 ACRES, THENCE S.8890122RN.,ALONG THE NORTH LINE OF SAID NORTH (554,227 SQUARE FEET)MORE OR LESS. ONE-HALF(N 1/2)AND THE NORTH LINE OF SAID TRACTS A AND B. A DISTANCE OF 1,511.74 FEET TO A POINT ON LINE 138.41 FEET WEST OF AND PARALLEL WITH THE ZONING LINE OF ZONES"MO"AND'B2', RECORDED IN OFFICIAL RECORDS BOOK 25136,PAGE 3880 OF THE SAID PUBLIC RECORDS; THEN 5.01°5838"E.,ALONG SAID PARALLEL LINE,A DISTANCE OF 629.41 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF N.E. 213 STREET,AS DESCRIBED IN OFFICIAL RECORDS BOOK 17973, PAGE 3869,OF SAID PUBLIC RECORDS: THENCE N.88°01'22"E.,ALONG SAID RIGHT-OF-WAY LINE,A DISTANCE NOTES: OF 402.38 FEET: 1.THE PROPERTY SHOWN HEREON WAS NOT ABSTRACTED FOR THENCE N.01°52'05-W..A DISTANCE OF 442.98 FEET; OWNERSHIP,RIGHTS-OF-WAY,EASEMENTS OR OTHER MATTERS OF RECORD. THENCE N.88°0112"E.,A DISTANCE OF 196.67 FEET TO THE WEST LINE OF THAT CERTAIN PARCEL OF LAND(CITY PARK),DESCRIBED IN 2 THIS SKETCH AND DESCRIPTION ISNOT VALID'WITHOUT THE OFFICIAL RECORDS BOOK 25122,PAGE 45960E SAID PUBLIC SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. RECORDS; 3. THE BEARINGS SHOWN HEREON ARE BASED ON S.8810122"W. THENCE N.01"52'05"W.,ALONG THE WEST LINE OF SAID PARCEL,A ALONG THE SOUTH LINE S.E.Y.OF SECTION 27-51-42,AS SHOWN ON DISTANCE OF 82.05 FEET TO THE NORTHWEST CORNER OF SAID THE PLAT OF GULFSTREAM PARK,RECORDED IN PLAT BOOK 182,AT PARCEL: PAGE 195-203,OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY. FLORIDA. THENCE N.8810934'E.,ALONG THE NORTH LINE OF SAID PARCEL,A 4.THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY DISTANCE OF 581.87 FEET,TO THE NORTHEAST CORNER OF SAID (THIS IS NOT A SURVEY). PARCEL; THENCE 5.01°52'06"E,ALONG THE EAST LINE OF SAID PARCEL,A 5.THIS SKETCH OF DESCRIPTION WAS PREPARED BY THIS FIRM THENCE SD152O6'E., G THE AST LE SAID DH WITHOUT THE BENEFIT OF A TITLE SEARCH.THE LEGAL DESCRIPTION A SHOWN HEREON WAS AUTHORED BY STONER 8 ASSOCIATES,INC. RIGHT-OF-WAY LINE; 6.SEE SHEETS 2 AND 3 OF 3 FOR A GRAPHIC DEPICTION(SKETCH)OF THENCE N,88°0118"E.,ALONG SAID NORTH RIGHT-OF-WAY LINE,A THE PROPERTY DESCRIBED HEREON. DISTANCE OF 107.88 FEET,TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE EASTERLY AND NORTHEASTERLY,ALONG THE ARC OF SAID CURVE TO THE LEFT,HAVING A CENTRAL ANGLE OF 37°32'08',A RADIUS OF 330.00 FEET,FOR AN ARC DISTANCE OF 216.19 FEET TO A POINT OF TANGENCY; CERTIFICATE: THIS IS TO CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION SHOWN HEREON IS ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. FURTHER CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL (L SURVEYORS AND MAPPERS IN CHAPTER 5J-nnv ,FLORIDA AOMINISTRAe CODE PuRSSUANSEAL T TO SECTION 472,07,FLORIDA STATUTES. REVISIONS I DATE �, DATE: Apr 03, 2017 NOT VALID UNLESS RICHARD G. CRAWFORD Jr. SEALED HERE WITH AN EMBOSSED ci,tI PROFESSIONAL SURVEYOR AND MAPPER NO. 5371 - STATE OF FLORIDA SURVEYOR'S SFAJ SHOWNTHE MATERIAL HEREON 18 ME PAO EPry OF STON R S x 0 ASSOCIATES INC AND SHALL NOT BE REPRODUCED IN WHOLE M IN DATE OF SKEI CH' DRAWN NY CHECKED BY FIELD BOOK o GN OF STONER&ASSOCIATES.INC. 3/31/17 DRL RCC N/A SHEET 10F3 mCN OOFVHIITHOUTPERMSSI STONER ASSOCIATES, INC. SURVEYORS SURVV EYORS--MAPPERS 4341S.W. 62nd AVE. Florida Licensed Survey Tel. (954) 585-0997 Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927 SKETCH OF DESCRIPTION ZONING ma SITE BEING A PORTION OF TRACT A OF DONN ACRES SECTION 34-51-42(P.B.76, PG. 30, M.D.C.R.) CITY OF AVENTURA,MIAMI-DADE COUNTY,FLORIDA 33111;151)N 119 131.11139 1E1, 1.112 2 NORTH LINE .. N.112 SECTION 34L BROWARD COUNTY S 88 0122'W. 1,511.74 _ t MIAMI-DADS COUNTY— — r ZsEA6EMENT P.O.B. \ (0,0.0..2051,PG.162.MD R.) NORTH LINE TRAGTB NE.CORNER,N.1/1 OF SECTION 3451-42 AND N CORNER TRACT B, I DONN ACRES,PB.T6,PG.30.M D.G R Qm N.LINE n I CITY PARK PARCEL N.E. CORNER N.88°09'S4'E. 581.8]' CITY PARK PARCEL 0 z 1, . ,,L L6 ui I Li or a r z WI • z IL O' // /E—Y/ FLORIDA POWER B LIGHT CO.EASEMENT Ld (0 R.B.23824 PG.3174,M.OAR.) 1 I=d l m / e 111.1 IA1 1 , iI / m I 11; in o J / J J i 1 �'/o -, A PORTION OF TRACT B ¢ m i • - '_ ' / � a LL DONN ACRES t _.,.., (P.B. 76. PG. 30, M.D.C.R.) "a 3. �I 11 ,11 .. . , /N rt TRACTN ' ' \1 m` ' _ is ZONING 'MO' SITE 1 W. r''. 12.72 ACRES w n .G 554,227 SQUARE FEET 1 ‘ 2 r w li /�' J La i /lEEL UTILITY EASEMENT I II 1 I11 LEGEND: (o.R:e.zs+es.PG Ba1g.MD.C.R.) 1 \ O.R B OFFICIAL RECORDS BOOK P.B. 12 PLAT BOOK I Aad ' IPG. PAGE / h`x„d • M.D C.R.. MIAMI-DADE COUNTY RECORDS/ N.RIGHT-OF-WAY LINE �(0° 9, ' 1 B.C.R.. _ BROWARO COUNTY RECORDS 1P.O.B. POINT OF BEGINNING f —I— - - - - j320e Oa33609. — — — — N.88°01'22'E. Po2� 107.88' N . E . 213th STREET SCALE: r=100' RIGHT-OF-WAY DEEDED TO THE CITY OFAVENTURA PER O.R.B.17937,PG.3869, 50'RIGHT-OF-p BY1PER 153 PGV 8.MDRC.R.LAKES-PHASE I, III NOTE: 0 25 so No No SEE SHEET 1 OF 3 FOR THE LEGAL GRAPHIC SCALE DESCRIPTION OF THE PROPERTY SHOWN GRAPHICALLY HEREON. SKETCH NO. RE c\Uses\eermotSTaTxvwvcr\,ypmlo\locol\I,,,p\.MPuells,_35.16\20 ACRE PARCaerg SHEET 2 OF 3 12-7854 M.O. PAR STONERV ASSOCIATES,-MAPPERS INC. SURVEYORS-MAPPERS 4341vS.W. 62nd AVE.1Florida Licensed Survey Tel. (954) 585-0997 Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927 SKETCH OF DESCRIPTION ZONING'MO'SITE BEING A PORTION OF TRACT A OF DONN ACRES SECTION 34-51-42(P.B.76, PG. 30, M.O.CA.) CITY OFAVENTURA,MIAMI-DADE COUNTY,FLORIDA ERR.is ES TETE:PEE il PE EESE NORTHLINEN.II2 SECTI0N34 BROWARD COUNTY 5.8860122'W- 1,511 74 —F - _ _ — _ } _ — _ _ — — — — -� —MIAMI-uAUt(MUNI? — L.5'EASEMENT (OR 42054.PG.1B2.M 0.GR) NORTH LINE TRACT A NW. CORNER LEGEND: CITY PARK PARCEL N 88"09'54"E. I ' O.R B OFFICIAL RECORDS BOOK 581.87' `p 138.41' � P.B. PLAT BOOK ; /8 1 PPAGE 1 P I M.D.D.0 R. MIAMI-DADE COUNTY RECORDS NR N.LINE B.C.R. POINTBROWARD COUNTY RECORDS PAR PARK P.O B. POINT OF BEGINNING PARCEL z IR N.88°O1'22"E.196.67' I la IO 17 F MP W �, • I I w o^ A PORTION OF TRACT A I zd, W e sa DONN ACRES w° - IH w La I W u 1P.B. ]fi, PG. 30. M.D.C.R.) "j en i1- ' TRACT "A" - i C ZONING 'MO' SITE m — CC " — n I Es to 1 12.72 ACRES $ �6 F N WO p 554,227 SQUARE FEETti = a I Q i_iLi'l N 3U I z � II :1 I II I I 138.41' 1 II I riLi_ 1N.RIGHT-OF-WAY LINE N BB°0122 E. 402.38' N . E . 213th STREET SCALE: 1"=100' RIGHT-OF-WAV DEEDED TO THE CITY OFAVENTURA PER O.R.B.17937.PG.3869, 50'RIGHT-OF-WAY153.E V BNM UA.L LAKES-PHASE I, P NOTE 0 25R zm SEE SHEET 1 OF 3 FOR THE LEGAL GRAPHIC SCALE DESCRIPTION OF THE PROPERTY SHOWN GRAPHICALLY HEREON. SKETCH NO. FILE: C\u. \&teen.5lwuveV¢rygpeom\mceg1emoMcPumi 35113\10 ACRE PARCELnrg SHEET 3 OF 3 12-7854 M.O. PAR CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission 4011111 FROM: Eric M. Soroka, ICMA-CM, C' % .. -r DATE: June 23, 2017 SUBJECT: Resolution Adopting in Principle e Capital Improvement Program Document 2017/18 to 2021/22 July 17, 2017 Commission Meeting Agenda Item 9 RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution adopting, in principle, subject to annual revision and authorization, the Capital Improvement Program for 2017/18 to 2021/22. BACKGROUND The 2017/18 to 2021/22 Capital Improvement Program document was reviewed at the June Commission Workshop Meeting. If you have any questions, please feel free to contact me. EMS/act Attachment 0 0 01 7 0211 7 RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE, SUBJECT TO ANNUAL REVISION AND AUTHORIZATION, THE CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT FOR FISCAL YEAR 2017/18 TO 2021/22 AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Program document for fiscal years 2017/18 to 2021/22, attached hereto was presented and recommended to the City Commission of the City of Aventura by the City Manager as a long term plan of proposed capital expenditures, the means and methods of financing the projects and an action plan for the implementation of the projects; and WHEREAS, the City Commission recognizes the need to adopt a Capital Improvement Program to address Beautification and Parks, Transportation, Drainage and Infrastructure Improvements, Public Buildings and Facilities, Information Technology, and Capital Equipment Purchase and Replacement, which represents a commitment by the community toward achievement and maintenance of a desirable high quality of life for all residents; and WHEREAS, the City Commission recognizes the need to formulate a Capital Improvement Program which adopts a sound financing plan; and WHEREAS, the City Commission has reviewed the Capital Improvement Program document at a public meeting of the City Commission and wishes to adopt said document in concept. Page 1 of 3 City of Aventura Resolution No. 2017- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby accepts and adopts in principle, subject to annual revisions and authorization, the City of Aventura Capital Improvement Program document for fiscal years 2017/18 to 2021/22 attached hereto and incorporated herein. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman Page 2 of 3 City of Aventura Resolution No.2017- PASSED AND ADOPTED this 17th day of July, 2017. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 moi. , AIL i MF City of Capital • - - nt Program 2017/18 — 2021/22 99s �FLo '� CAPITAL IMPROVEMENT PROGRAM 2017/18 - 2021 /22 .f CITY OF AVENTURA CITY COMMISSION Mayor Enid Weisman Commissioner Dr. Linda Marks Commissioner Denise Landman Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg CITY MANAGER Eric M. Soroka DEPARTMENT DIRECTORS Weiss Serota Helfman Cole & Bierman, P.A., City Attorney Joanne Carr, Community Development Director Karen J. Lanke, Information Technology Director Julie Alm, Principal Charter School Brian K. Raducci, Finance Director Jeff Kiltie, Arts & Cultural Center General Manager Ellisa Horvath, City Clerk Kimberly Merchant, Community Services Director Joseph Kroll, Public Works/Transportation Director Bryan Pegues, Police Chief _ - AveCit}- t()fura � 7 Gowmment Crntrr 19200 Wer Country Club Drive °6 x`44 Aventura. Florida 33180 Office of the City Manager June 2017 The Honorable Mayor and Members of the City Commission City of Aventura Aventura, Florida 33180 Enclosed herein is the proposed City of Aventura (the "City") Capital Improvement Program (CIP) for the fiscal period October 1, 2017 through September 30, 2022 and the proposed Capital Budget for the Fiscal period October 1, 2017 through September 30, 2018. The primary goal of the CIP is to develop a long—term plan of proposed capital expenditures, the means and methods of financing, and a schedule of priorities for implementation. It is important to stress that the CIP is a planning tool to evaluate infrastructure needs of the City as well as the financial capabilities of the City. In order to determine the impact of the CIP on the City's future operating budget, the City Commission and residents will be provided with the benefits of a CIP document which serves as a point of reference and includes an estimated long-term budget plan. At this point in the City's history, the need for major capital improvement funding has decreased substantially due to a very ambitious schedule of completing major community facilities and infrastructure projects during the past twenty one years since the incorporation of the City. This document represents an update of the CIP that was originally prepared for the five-year cycle of 2016 to 2021. The update process is important for the CIP to become a continuing and ongoing planning/implementation process. The last four years of last year's program were reevaluated in light of unanticipated needs, cost revisions, new project priorities and the financial condition of the City. In addition, the CIP was updated to add new projects in the fifth year (2021/22) to complete the cycle. Projects included within the framework of the program were based on input from Commissioners, staff, City consultants and citizens. The following represents the significant revisions or modifications to the proposed CIP compared to the prior document: 1. Added estimated cost and funding sources for the construction of the proposed Aventura Charter High School over the 2017-2019 fiscal years - $12,000,000. 2. Added in 2021/22, replacing the pavilion roofs, playground pole padding and SplashPad water features at Founders Park - $89,100. 3. Added in 2021/22 replacing the pavilion roof and 2 dugout roofs at Waterways Park - $26,400. 4. Added in 2021/22 replacing the playground shade canopy and 2 shade structures at Veterans Park - $28,600. 5. Added in 2021/22 resurfacing NE 188th Street, NE 183rd Street and NE 31 st Street -$641,000. 6. Added in 2017/18 an additional bike share station to be located at E. Country Club Drive/Mystic Point area- $47,000. The proposed 2017 — 2022 CIP includes 36 projects in five (5) functional categories with a total value of $25,588,425. The following represents the percentage of total funding that each functional category has been allocated: Beautification & Parks Facilities (4%), Transportation, Drainage and Infrastructure Improvements (18%), Capital Equipment Purchase and Replacement (14%), Information/Communication Technology (16%) and Public Buildings and Facilities Improvements (48%). Major emphasis was placed on the following projects: Proposed Aventura Charter High School $12,000,000 Road Resurfacing 2,657,000 Park Improvements 995,750 Street Lighting Upgrades 980,000 Stormwater Drainage Improvements 770,000 Air Conditioning Unit Replacements 322,000 It should be noted that the City and Aventura Mall continue to work together to design a traffic flow improvement project to address congestion on Country Club Drive from motorists going east on the Lehman Causeway. This was not included in this document, as it is in the early stages of study and requires FDOT approval. The document contains a detailed funding plan that forecasts revenues necessary to fund both the CIP and the operating budgets over the next five (5) years. The proposed funding plan is based on the assumption that operating expenditures can be maintained at certain percentage increases and revenues grow at specified levels. The plan is based on conservative estimates. I am proud of the many accomplishments and the support the City Commission and residents have shown in the implementation of the capital projects since the incorporation of the City. Our beautification projects, park and open space additions, Government Center, Community Recreation Center, Charter School, Arts & Cultural Center, transportation improvements and many other community enhancements continue to exhibit our commitment to excellence and professionalism. This document serves many purposes. Importantly it serves as an aid to the residents in providing a better understanding of the City's long-term capital needs and how the City intends to meet these demands. It also details our continuing effort to address the needs and concerns of our citizens while making prudent financial decisions which contribute to the City's long-term financial health. The preparation and formulation of this document could not have been accomplished without the dedicated efforts of all Department Directors and their staff. Their professional efforts have assisted in the preparation of this important planning program. I request and recommend that you take the following actions regarding the proposed 2017 - 2022 Capital Improvement Program: 1. Review the CIP document at the June workshop meeting. 2. Hold a public hearing at the July Commission Meeting to conceptually adopt the final CIP document, by resolution, for implementation. All questions relating to the CIP should be referred to my attention. Respectfully submitted, Eric M. So a City Manager CAPITAL IMPROVEMENT PROGRAM 2017 - 2022 HIGHLIGHTS • Construction and equipment for new $12,000,000 Charter High School and Gym on NE 213th Street. • Road maintenance projects that total $2,657,000 to resurface asphalt and enhance safety are included Yacht Club Drive, Mystic Point Drive, NE 187th Street, NE 185th Street, Aventura Boulevard, NE 34th Avenue, NE 28th Avenue, NE 190th Street, Yacht Club Way, south portion of the hospital district and NE 188th Street, NE 183rd Street and NE 31St Street. • Provides funding in the amount of $980,000 to retrofit street lighting throughout the City with more energy efficient LED fixtures. • Provides for improvements to Founders Park, Veterans Park, and Waterways Park, Don Soffer Exercise Trial and Waterways Dog Park in the amount of $995,750 to address maintenance requirements. • Adds a new additional bike share station at the E. Country Club Drive/Mystic Point area. • Funds drainage improvements and upgrades to 10 stormwater outfall check valves to guard against rising sea levels. A total of $770,000 has been earmarked during the five- year period. • Provides the necessary equipment to continue to provide high quality and effective police services. • Continues the implementation of technology improvements and management information systems to enhance the productivity and efficiency of City operations. • Ensures that the tools of production, vehicles, equipment and technology, are available for City operations. CAPITAL IMPROVEMENT PROGRAM 2017 - 2022 TABLE OF CONTENTS INTRODUCTION PAGE Purpose of the Capital Improvement Program 1 Legal Authority 2 Development of the Capital Improvement Program 2 Capital Improvement Program Policies 3 Preparing the Capital Budget 4 Locating a Specific Capital Project 4 Reading the Program Schedules 5 OVERVIEW OF RECOMMENDED PROJECTS Summary of Recommended Projects 7 Summary of Major Programs 7 Summary of Proposed Appropriations by Funding Source 8 Summary of Projects by Location and Year 9 FUNDING PLAN Introduction 11 Debt vs. Pay-As-You-Go Financing 11 Required Separation of Funding Sources 12 Summary of Financing Plan Model 13 Proposed Financing Plan General Fund 14 Proposed Financing Plan Transportation Fund 18 Proposed Financing Plan Stormwater Utility Fund 19 PROJECT DESCRIPTIONS AND FUNDING SCHEDULES Beautification and Park Facilities Improvements 21 Transportation, Drainage and Infrastructure Improvements 30 Public Buildings and Facilities Improvements 37 Information/Communications Technology 42 Capital Equipment Purchases and Replacements 52 lFrl n , + f of Exce INTRODUCTION 'II Ila I, r a - C• u ,��•4, 0I , �a p IN � City of Aventura INTRODUCTION This section describes what a Capital Improvement Program (CIP) is and the process for developing the City of Aventura (the "City") Capital Improvement Program and Capital Budget. This introduction also explains how to locate a specific project in this document. PURPOSE OF THE CAPITAL IMPROVEMENT PROGRAM The purpose of the CIP is to establish a long-term plan of proposed capital expenditures, the means and methods of financing, and a schedule of priorities for implementation. In order to determine the impact on the City's operating budget, debt service and the general trend of future expenditures, the City Commission will be provided with the advantage of a CIP document as a point of reference and estimated long-term budget plan. In accordance with the State's Growth Management Act, the City is required to undergo this process in order to meet the needs of its Comprehensive Plan. The CIP is an official statement of public policy regarding long-range capital development within the City. A capital improvement is defined as a capital expenditure of $5,000 or more, resulting in the acquisition, improvement or addition to fixed assets in the form of land, buildings or improvements, more or less permanent in character, and durable equipment with a life expectancy of more than one (1) year. In addition, equipment that has a value of $5,000 or less is also included in this document for budgetary purposes. The CIP lists proposed capital projects to be undertaken, the year in which they will be started, the amount expected to be expended in each year and the method of financing these projects. Based on the CIP, a department's capital outlay portion of the annual Operating Budget will be formulated for that particular year. The CIP document also communicates to the citizens, businesses and interested parties the City's capital priorities and plan for implementing projects. The five-year CIP is updated annually to add new projects in the fifth year, to re- evaluate the program and project priorities in light of unanticipated needs, and to revise recommendations to take account of new requirements and new sources of funding. Capital Improvement programming thus becomes a continuing part of the City's budgeting and management procedures. The annual capital programming process provides the following benefits: 1. The CIP is a tool for implementing the City's Comprehensive Plan. 2. The CIP process provides a mechanism for coordinating among projects with respect to function, location, and timing. Capital Improvement Program 2017-2022 Page 1 City of Aventura 3. The yearly evaluation of project priorities ensures that the most crucial projects are developed first. 4. The CIP process facilitates long-range financial planning by matching estimated revenue against capital needs, establishing capital expenditures and identifying the need for municipal borrowing and indebtedness within a sound long-range fiscal framework. 5. The impact of capital projects on the City's operating budget can be projected. 6. The CIP serves as a source of information about the City's development and capital expenditures plan for the public, City operating departments and the City Commission. LEGAL AUTHORITY A capital programming process to support the comprehensive plan is required by the Local Government Comprehensive Planning and Land Development Regulations, incorporated as Chapter 163, Florida Statues. DEVELOPMENT OF THE CAPITAL IMPROVEMENT PROGRAM The City's capital programming process began in January when operating departments were required to prepare requests for all proposed capital projects anticipated during the period of 2017 - 2022. A CIP Preparation Manual and related forms were distributed to all departments for this purpose. In February, departmental prioritized project requests were submitted to the City Manager's Office. Department Directors were asked to justify projects in terms of benefits derived, necessity to health, safety and welfare of the City, enhancement to City plans and policies, need of residents and funding. Projects were prioritized on the basis of Urgency, Necessity, Desirability, and Deferability. The City Manager reviewed departmental requests and conducted individual meetings with Department Directors. The departmental requests were prioritized and the five- year schedule of projects was compiled into document form by the City Manager. The methods of financing and revenue sources were then prepared by the Finance Director and City Manager and were incorporated into the CIP document. At this point, the proposed CIP is submitted to the City Commission and public for review. In order to facilitate public involvement, public hearings and community meetings will be held to unveil and review the CIP document prior to the adoption of a Resolution approving the CIP in principle. Capital Improvement Program 2017-2022 Page 2 City of Aventura CAPITAL IMPROVEMENT PROGRAM POLICIES 1. Annually, the City will prepare a five-year capital improvement program analyzing all anticipated capital expenditures and identifying associated funding sources. Future capital expenditures necessitated by changes in population, changes in development, growth, redevelopment or changes in economic base will be calculated and included in the Capital update process. 2. The City will perform all capital improvements in accordance with an adopted CIP. 3. The classification of items as capital or operating will be determined by two criteria - cost and frequency. Generally, a capital project has a "useful life" of more than one (1) year and a value of $5,000 or more. In addition, equipment that has a value of $5,000 or less is also included in the document for budgetary purposes. 4. The City will coordinate development of the capital improvement budget with the development of the operating budget. Future operating costs associated with new capital improvements will be projected and included in the operating forecasts. 5. The first year of the five-year capital improvement program will be used as the basis for formal fiscal year appropriations during the annual budget process. 6. The City will maintain all of its assets at a level adequate to protect the City's capital investment and to minimize future maintenance and replacement costs. 7. The City will identify the estimated cost of capital projects and prepare a funding projection that considers revenues and operating costs to be included in the Capital Improvement Program document that is submitted to the City Commission for approval. 8. The City will determine the most appropriate financing method for all new projects. 9. If appropriate, the City will attempt to maintain a mixed policy of pay-as-you-go and borrowing against future revenues for financing capital projects. 10 The City will maintain ongoing maintenance schedules relating to road, sidewalk and drainage system improvements. 11. The City will address and prioritize infrastructure needs on the basis of protecting the health, safety and welfare of the community. 12. A CIP preparation calendar shall be established and adhered to. 13. Capital projects will conform to the City's Comprehensive Plan. 14. Long-term borrowing will not be used to fund current operations or normal maintenance. 15. The City will strive to maintain an unreserved General Fund Fund Balance at a level not less than 10% of the annual General Fund revenue. Capital Improvement Program 2017-2022 Page 3 City of Aventura 16. If new project appropriation needs are identified at an interim period during the fiscal year, the funding sources will be identified and mid-year budget amendments will be utilized to provide formal budgetary authority. In addition budget amendments may be utilized to increase appropriations for specific capital projects. PREPARING THE CAPITAL BUDGET The most important year of the schedule of projects is the first year. It is called the Capital Budget and is adopted separately from the five-year program as part of the annual budget review process. Based on the CIP, each department's capital outlay portion will be formulated for that particular year. Each year the CIP will be revised and another year will be added to complete the cycle. Capital Improvement Programming thus becomes a continuing part of the City's budget and management process. The Capital Budget is distinct from the Operating Budget. The Capital Budget authorizes capital expenditures, while the Operating Budget authorizes the expenditure of funds for employee salaries, supplies and materials. Through the City's amendment process, changes can be made to the adopted Capital Budget during the fiscal year. A request for amendment is generated by an operating department based on an urgent need for new capital project or for additional funding for a previously approved project. The request is reviewed by the Finance Director and City Manager and, if approved by the City Manager, a budget amendment is presented to the City Commission. LOCATING A SPECIFIC CAPITAL PROJECT The Capital Improvement Program is divided into five (5) program areas as follows: Beautification and Parks (BP) Transportation, Drainage and Infrastructure Improvements (TDI) Public Buildings and Facilities (PBF) Information/Communications Technology (ICT) Capital Equipment Purchases & Replacement (CE) Each project in the Capital Improvement Program has a unique project number. This project number appears at the beginning of the individual project descriptions and the Summary by Year tables. The first digit refers to functional category priority number assigned by the City Manager The final digits outline the individual department requesting the project. For example, project BP1-CS is Beautification and Parks project number one which was requested by the Community Services Department. Capital Improvement Program 2017-2022 Page 4 City of Aventura READING THE PROGRAM SCHEDULES Detailed information about each capital project is presented in the section titled "Capital Improvement Program Project Descriptions and Funding Schedules." The section is arranged by program area and functional category and includes a description of each project and the funding schedules. Project timetables for each functional category are indicated in the Summary by Year tables. The funding schedules are based on the funding needed to complete an individual project. A project's funding may continue for several years depending on the development timetable. Each program has a separate Funding Plan Table that outlines the revenue sources proposed to fund project expenditures. Capital Improvement Program 2017-2022 Page 5 r Of A0 It � m OVERVIEW r�. a.E �7 City of Aventura OVERVIEW OF RECOMMENDED PROJECTS SUMMARY OF RECOMMENDED PROJECTS The proposed 2017 — 2022 CIP includes 36 projects in five (5) functional categories with a total value of $25,588,425. The following represents the percentage of total funding that each functional category has been allocated: Beautification & Parks Facilities (4%), Transportation, Drainage and Infrastructure Improvements (18%), Capital Equipment Purchase and Replacement (14%), Information/Communication Technology (16%) and Public Buildings and Facilities Improvements (48%). SUMMARY OF MAJOR PROGRAMS The following table presents a summarized breakdown of the costs of the various projects recommended for funding categorized by major function for each of the five (5) years covered by the CIP. Table 1 Program 2017118 2018119 2019120 2020121 2021122 TOTAL Beautification&Parks Facilities $ 246,600 $ 214,860 $ 62,600 $ 308,060 $ 163,860 $ 996,760 Transportation,Drainage& 1,043,000 836,000 866,000 828,000 891,000 4,464,000 Infrastructure Public Buildings&Facilities 6,148,000 7,080,000 93,600 16,000 66,000 12,392,600 Information/Communication 866,676 942,376 817,376 763,276 834,876 4,224,476 Technology Capital Equipment 746,900 914,400 673,700 709,900 476,800 3,621,700 Totals $ 8,060,976 $ 9,987,626 $ 2,603,076 $ 2,624,226 $ 2,422,626 $ 26,688,426 Capital Improvement Program 2017/18 - 2021/22 Summary By Function Capital Equipment 14% Beautification& Parks Facilities Transportation, 4% Drainage& Infrastructure 18% Information Technology _ 16% ------ Jr — Public Buildings 48 Capital Improvement Program 2017-2022 Page 7 City of Aventura SUMMARY OF PROPOSED APPROPRIATIONS BY FUNDING SOURCE The following table reflects the distribution of all proposed projects to the funding source or mechanism, which is appropriate for funding the projects for each of the five (5) years of the program. Table 2 Capital Improvement Program 2017/18 - 2021/22 Summary By Funding Source Funding Source 2017118 2018119 2019120 2020121 2021122 TOTAL General $ 1,500,975 $ 1,753,625 $ 1,196,575 $ 1,461,825 $ 1,070,525 $ 6,983,525 Stormwater Utility 95,000 125,000 125,000 175,000 250,000 770,000 Capital Projects Fund 154,000 - - - - 154,000 Loan Proceeds 5,000,000 1,000,000 - - - 6,000,000 Charter School 191 - 6,000,000 - - - 6,000,000 Charter School 190 353,000 398,000 450,500 334,400 461,000 1,996,900 Transportation Fund 948,000 711,000 731,000 653,000 641,000 3,684,000 $ 8,050,975 $ 9,987,625 $ 2,503,075 $ 2,624,225 $ 2,422,525 $ 25,588,425 The proposed funding plan involves a commitment to "pay—as-you-go" annual appropriations established in yearly budgets and does not include additional long term debt. Funding Source Summary Capital Projects Charter School Fund 190 Fund / 8% Stormwater Utility 3/ Loan Proceeds 24% General 27 00Charter School 191 23 Transportation Fund 14% Capital Improvement Program 2017-2022 Page 8 City of Aventura SUMMARY OF PROJECTS BY LOCATION AND YEAR The following outlines the major projects by location and the year they are proposed to be funded: Table 3 Capital Improvement Program 2017/18- 2021/22 Summary By Location Resurfacing Street Lighting Drainage Park Location Improvements Improvements Founders Park 2017 to 2021 Waterways Park 2019 to 2022 Veterans Park 2017 to 2021 Waterways Dog Park 2018 & 2021 Yacht Club Drive 2017/18 Mystic Point Drive 2017/18 NE 187th Street 2018/19 NE 185th Street 2018/19 Aventura Boulevard 2019/20 NE 34th Avenue 2019/20 NE 28th Avenue 2019/20 NE 190th Street 2020/21 Yacht Club Way 2020/21 Hospital District 2020/21 NE 188th Street 2021/22 NE 183rd Street 2021/22 N E 31 st Street 2021/22 Capital Improvement Program 2017-2022 Page 9 er - •�� � ' �'�,� +gnu .n�l'i � VIII / , I 1 I/ City of Aventura FUNDING PLAN INTRODUCTION In order for a CIP to be an effective management planning tool, the program must include not only a compilation of major capital needs and their costs but also a financing plan for the entire life of the program. This financing plan must include an analysis of the available resources which will be used to fund not only the CIP itself but the required operating expenses and debt service requirements of the City. In order to ensure that the financing plan is complete in every respect, the plan formulation process must include: 1. A projection of revenues and resources which will be available to fund operating and capital expenditures during the life of the CIP. 2. A projection of future years' operating expenditure levels which will be required to provide ongoing services to City residents. 3. Once the CIP projects have been evaluated, a determination is made of the projects to be funded and the timing of the cash outflow for each project. The information is then tabulated to determine the amounts required to fund the CIP for each year. 4. From the information obtained in 1 through 3 above, the additional resources required to fund the CIP will be determined and a decision will be made on whether the program is to be financed by the issuance of debt, on a pay-as-you-go basis or some combination of the two (2). The financing plan prepared in such a manner will be as accurate as possible and should be an informative document to all City residents. However, due to the uncertainty involved in projecting operating cost increases, the community's desire for service increases and the inflow of resources over a five-year period, the financing plan presented should be viewed as a theoretical framework to be adjusted each year based on the most recent information available at that time. This will be accomplished by updating the financing plan each year, adopting operating and capital budgets, and ordinances to implement fee structures which will be required to fund the program each year. DEBT VS PAY-AS-YOU-GO FINANCING Debt financing through the issuance of long term bonds is most appropriate when: 1. There are a small number of relatively large dollar value projects. 2. Larger projects cannot be broken into segments and the costs distributed over a longer time frame without impairing the usefulness of the project. Capital Improvement Program 2017-2022 Page 11 City of Aventura 3. The projects are non-recurring. 4. Assets acquired have a relatively long useful life which equals or exceeds the life of the debt. Through long-term bond financing, the costs of a project having a long useful life can be shared by future residents who will benefit from the projects. In contrast, pay-as-you-go financing is most appropriate for a CIP which includes: 1. A large number of projects having a relatively small dollar value. 2. Projects which can be broken into phases with a portion completed each year without impairing the overall effectiveness of the project. 3. Projects which are of a recurring nature. 4. Projects where the assets acquired will have relatively short useful lives. The primary advantage of pay-as-you-go financing is that the interest costs and costs of bringing a bond issue to market can be avoided. However, if inappropriately used, this financing plan may cause tax rates and fee structures to increase suddenly and may result in current residents paying a greater portion of projects which benefit future residents. In summary, the choice of the appropriate financing plan will be contingent upon an analysis of the projects to be included in a CIP. REQUIRED SEPARATION OF FUNDING SOURCES In order to comply with accepted governmental accounting practices and to ensure compliance with City Codes and any related Bond Indentures, the analysis and financing plan contained herein will be presented within their respective funds. Projects funded on a pay-as-you-go basis will directly relate to the Capital Fund Budget from where the source of funding is derived. Each of these Budgets will appear in the Annual Operating and Capital Improvement Budget, which is adopted each year. Those funds are currently represented as follows: 1. General Fund 2. Transportation and Street Maintenance Fund 3. Charter School Fund 190 4. Charter School Fund 191 5. Capital Projects Fund Capital Improvement Program 2017-2022 Page 12 City of Aventura 6. Stormwater Utility Fund In accordance with accounting, legal and internal revenue requirements, all projects to be completed with the proceeds received from the sale of Bonds or loans will be accounted for in a Capital Construction Fund or Stormwater Utility Fund. In addition, capital outlay for the Charter School is included in a separate Budget adopted by the City Commission. SUMMARY OF FINANCING PLAN MODEL Detailed funding plans for individual funds of the City are enclosed herein in the following sections. The following represents an overview of the major points of the recommended funding plan: 1. Utilize "pay-as-you-go" financing through annual appropriations to fund the five year amount of $13,588,425 not including the Aventura Charter School Project. 2. Fund the estimated $12,000,000 costs associated with the Aventura Charter School Project by utilizing $6,000,000 from the General Fund Reserve and a $6,000,000 Bank Loan. The cost of the new debt would have limited long term impact on the City's finances, as the new debt service would be funded from a portion of the City's Debt Service being paid off in 2019/20. 3. Adjusts property tax revenues based on projected conservative growth in assessments. Capital Improvement Program 2017-2022 Page 13 City of Aventura PROPOSED FINANCING PLAN GENERALFUND After evaluating the nature of the various projects that are included in the City's General CIP, it was decided that pay-as-you-go would be most appropriate for funding the program. FINANCING PLAN TABLES Based on this decision, the analysis which follows is aimed at developing a financing plan which will allow the City to fund General Government Services operating expenditures and all projects recommended for funding in the General CIP for each year of the program. Table 1 presents a five-year projection of resources which will be available for General Government Services. Unless shown by an asterisk (*), the amount projected for each revenue is based on the tax rate or fee structure in effect during the 2016/17 fiscal year. Revenue descriptions followed by an asterisk (*) were computed based on a projected increase in the rate structure as discussed in the assumption of projections. Table 2 presents a five-year projection of required operating expenses for General Government Services which utilize the cost data as outlined in the assumption of projections. Table 3 is a recap of resources available to fund the General CIP based on projected revenues and expenditures and the proposed Capital Improvement Program appropriations for the five (5) years of the program. Please note that this analysis assumes that all available resources not needed to fund current operating expenditures will be transferred to the CIP Fund and that any balance in the CIP Fund will remain in the CIP. Through this process, the City will be able to accumulate a reserve which would be used to fund unexpected capital outlays or to fund future years' programs. Capital Improvement Program 2017-2022 Page 14 City of Aventura TABLE 1 PROJECTION OF RESOURCES AVAILABLE FOR GENERAL GOVERNMENT SERVICES 2016/17 2017/18 2018/19 2019/20 2020/21 2020/21 CURRENT YEAR REVENUES AVAILABLE FOR GENERAL GOVERMENT SERVICES AD VALOREM TAXES $16,254,804 $16,571,893 $17,897,644 $18,613,550 $ 19,358,092 $20,132,416 FPL FRANCHISE FEES 1,825,000 1,825,000 1,861,500 1,898,730 1,936,705 1,975,439 FRANCHISE FEES 560,100 575,000 592,250 610,018 628,318 647,168 UTILITY TAXES 7,732,000 7,545,000 7,771,350 8,004,491 8,244,625 8,491,964 SECTION 185 PREMIUM TAX 318,000 325,000 318,000 318,000 318,000 318,000 CITY BUSINESS LICENSES TAX 945,000 975,000 984,750 994,598 1,004,543 1,014,589 BUILDING RELATED REVENUE 2,336,000 2,346,000 1,896,000 1,350,000 1,350,000 1,000,000 STATE SHARED REVENUES-UNRESTRICTED 770,650 795,320 819,180 843,755 869,068 895,140 HALF CENT SALES TAX 2,825,000 2,860,000 2,960,100 3,063,704 3,170,933 3,281,916 CHARGES FOR SERVICES 2,193,000 2,599,421 2,690,401 2,784,565 2,882,025 2,982,895 FINES AND FORFEITURES 1,054,000 1,079,000 1,111,370 1,144,711 1,179,052 1,214,424 MISC.REVENUES 280,000 290,000 280,000 280,000 280,000 280,000 COUNTY BUSINESS TAX 49,000 55,000 55,000 55,000 55,000 55,000 TOTAL AVAILABLE $37,142,554 $37,841,634 $39,237,545 $39,961,120 $41,276,361 $42,288,950 NOTES TO ASSUMPTION OF PROJECTIONS (a) Ad Valorem Tax revenues are estimated to increase at 1.9% in 2017/18, and growth factor of 8% in 2018/19 and 4% in future years. (b) FPL Franchise Fees from the County will grow at the rate of 2% per year. (c) Franchise fees will grow at the rate of 3% per year. (d) Utility taxes will grow at the rate of 3% per year. (e) Business License Tax will grow at the rate of 1.0% per year. (f) Building related revenues will increase remain stable in 2017/18 and then decrease over the remaining 4 year period. (g) State shared revenues will grow at the rate of 3% per year. (h) Half-cent sales tax will grow at the rate 3.5% per year. (i) Charges for services will grow at the rate of 3.5% per year. Q) Fines &forfeitures will grow at the rate of 2 to 3% per year after 2017/18. Capital Improvement Program 2017-2022 Page 15 City of Aventura TABLE 2 PROJECTION OF OPERATING EXPENDITURES FOR GENERAL GOVERNMENT SERVICES DEPARTMENT 2016117 2017118 2018119 2019120 2020121 2021122 City Commission $ 144,307 $ 146,150 $ 149,073 $ 153,545 $ 158,152 $ 162,896 Office of the City Manager 729,895 746,865 776,740 807,809 840,122 873,726 Legal 305,000 305,000 305,000 305,000 305,000 305,000 City Clerk 319,568 307,197 357,557 375,435 401,715 449,835 Finance 1,024,635 1,059,843 1,112,835 1,168,477 1,226,901 1,288,246 Information Technology 1,084,598 1,122,810 1,173,336 1,232,003 1,293,603 1,358,284 Public Safety 18,563,269 19,442,439 20,220,137 21,028,942 21,870,100 22,744,904 Arts&Cultural Center 782,250 809,899 821,344 858,305 896,929 937,290 Community Development 2,571,182 2,579,139 2,442,015 2,095,726 2,125,297 2,055,756 Community Services 2,334,732 2,410,796 2,507,228 2,607,517 2,711,818 2,820,290 Public Works/Transportation 2,901,942 3,033,616 3,124,624 3,218,363 3,314,914 3,414,362 Non-Departmental 1,526,500 1,468,900 1,498,278 1,528,244 1,558,808 1,589,985 TOTAL PROJECTED OPERATING EXPENDITURES GENERAL GOVERNMENTAL SERVICES $ 32,287,878 $ 33,432,654 $ 34,488,168 $ 35,379,366 $ 36,703,358 $ 38,000,574 TOTAL PROJECTED DEBT SERVICE REQUIREMENTS 2,208,590 2,058,255 2,054,667 2,563,953 2,043,042 2,043,042 TOTAL PROJECTED EXPENDITURES $ 34,496,468 $ 35,490,909 $ 36,542,835 $ 37,943,319 $ 38,746,400 $ 40,043,616 NOTES TO ASSUMPTION OF PROJECTIONS Operating expenditures are projected to increase on average of 3% to 4% each year. Capital Improvement Program 2017-2022 Page 16 City of Aventura TABLE 3 RECAP OF AVAILABLE RESOURCES vs PROPOSED APPROPRIATIONS GENERAL FUND CAPITAL IMPROVEMENT PROGRAM 2017118 2018119 2019120 2020121 2021122 TOTAL PROJECTED AVAILABLE RESOURCES $37,841,634 $39,237,545 $39,961,120 $41,276,361 $42,288,950 PROJECTED OPERATING EXPENDITURES 33,432,654 34,488,168 35,379,366 36,703,358 38,000,574 DEBT SERVICE REQUIREMENTS 2,058,255 2,054,667 2,563,953 2,043,042 2,043,042 SUBTOTAL-EXPENDITURES 35,490,909 36,542,835 37,943,319 38,746,400 40,043,616 BALANCE AFTER OPERATING COSTS 2,350,725 2,694,710 2,017,801 2,529,961 2,245,334 LESS CIP APPROPRIATIONS 1,500,975 1,753,625 1,196,575 1,461,825 1,070,525 BALANCE $ 849,750 $ 941,085 $ 821,226 $ 1,068,136 $ 1,174,809 $50,000,000 $45,000,000 $40,000,000 $35,000,000 — $30,000,000 $25,000,000 r Revenue4 $20,000,000 Expenditures $15,000,000 — CIP $10,000,000 — $5,000,000 — $0 2017f18 2018119 2019120 2020121 2021/22 Capital Improvement Program 2017-2022 Page 17 City of Aventura PROPOSED FINANCING PLAN TRANSPORTATION FUND This fund was established to account for restricted revenues and expenditures which by State Statute and County Transit System Surtax Ordinance are designated for transportation enhancements, street maintenance and construction costs. This table reflects the anticipated revenues available and the proposed appropriations. TABLE 4 TRANSPORTATION AND STREET MAINTENANCE FUND RECAP OF AVAILABLE RESOURCES AND PROPOSED APPROPRIATIONS SUMMARY BY YEAR 2016117 2017118 2018119 2019120 2020121 2021122 REVENUES LOCAL OPTION GAS TAX $ 516,000 $ 527,000 $ 540,175 $ 553,679 $ 567,521 $ 544,000 INTEREST EARNINGS 2,000 2,000 2,000 2,000 2,000 2,000 STATE SHARED REVENUES-RESTRICTED 295,000 290,000 297,250 304,681 312,298 184,000 BIKESHARE REVENUES 40,000 40,000 40,000 40,000 40,000 CARRYOVER 3,293,908 1,778,125 1,632,125 1,707,140 1,744,028 1,838,508 COUNTY TRANSITSYSTEM SURTAX 1,433,000 1,400,000 1,435,000 1,470,875 1,507,647 1,545,338 TOTAL REVENUES $5,539,908 $4,037,125 $3,946,550 $ 4,078,376 $4,173,495 $4,153,846 EXPENDITURES Maintenance Operating Expenditures $ 613,527 $ 640,000 $ 672,000 $ 705,600 $ 740,880 $ 777,924 Bikeshare Program Operating Expenditures 40,000 72,000 74,160 76,385 78,676 81,037 Transit Services 830,000 745,000 782,250 821,363 862,431 1,055,552 TOTAL EXPENDITURES $1,483,527 $1,457,000 $1,528,410 $ 1,603,347 $1,681,987 $1,914,513 Total For Capital 4,056,381 2,580,125 2,418,140 2,475,028 2,491,508 2,239,333 CAPITAL EXPENDITURES Project Title 2016117 2017118 2018119 2019120 2020121 2021122 Street Lighting $ 929,241 $ 400,000 $ 400,000 $ 180,000 $ $ Transit System Improvements 267,349 Bikeshare Program 47,000 Transportation Improvements Road Resurfacing Program 1,081,666 501,000 311,000 551,000 653,000 641,000 TOTAL CAPITAL EXPENDITURES $2,278,256 $ 948,000 $ 711,000 $ 731,000 $ 653,000 $ 641,000 Capital Improvement Program 2017-2022 Page 18 City of Aventura PROPOSED FINANCING PLAN STORMWATER UTILITY FUND The City is responsible for stormwater management activities within its corporate boundaries. In order to address deficiencies and develop an ongoing maintenance program, a Stormwater Utility Fund was created. The Fund generates revenues for stormwater management costs, permitting, maintenance and capital improvements from a source other than the General Fund. The Utility relies on user fees charged to residents and businesses for generating revenues. Table 5 reflects the anticipated revenues available and the proposed appropriations for the Stormwater Utility Fund for the five-year period. A total of $770,000 from this fund will be utilized to fund of stormwater drainage projects during the five-year period. The monthly rate charged to users per unit was $3.50 for 2016/17. TABLE 5 RECAP OF AVAILABLE RESOURCES vs PROPOSED APPROPRIATIONS STORMWATER UTILITY FUND 2016117 2017118 2018119 2019120 2020121 2021122 Revenues: Stormwater Utility Billings(1) $1,240,804 $1,278,000 $1,303,560 $1,329,631 $1,356,224 $1,383,348 State Grant Interest 1,000 7,500 7,500 7,500 7,500 7,500 Carry Over of Surplus 2,265,033 540,500 1,050,560 1,559,651 2,017,213 $ 3,506,837 $ 1,285,500 $ 1,851,560 $ 2,387,691 $ 2,923,375 $ 3,408,062 Operating Expenses: (2) 601,802 650,000 676,000 703,040 731,162 760,408 Available for CIP&Debt Service $ 2,905,035 $ 635,500 $ 1,175,560 $ 1,684,651 $ 2,192,213 $ 2,647,654 Annual CIP Expenditures: 2,536,887 95,000 125,000 125,000 175,000 250,000 Annual Surplusi(Deficit): $ 368,148 $ 540,500 $ 1,050,560 $ 1,559,651 $ 2,017,213 $ 2,397,654 NOTES TO ASSUMPTION OF PROJECTIONS (1)Projected to increase by 2%annually. (2)Includes Operation and Maintenance,Engineering and Administration. Projected to continue to grow at an annual rate of 4%. Capital Improvement Program 2017-2022 Page 19 City of Aventura r ■ + r r .�.r —..Out .I MM ��.. of EXc f 1 PROJECT Y DESCRIPTIONS i _ � �• f a���J 1 1 1 ��If 1 11 '�' , lk � !s'��'I..I["�iy■r�i `� ilii i i�ii]i'a�r1rY7 � I If fl�11A� I I+_� �r' r r x � s r Capital Improvement Program 2017-2022 Page 20 City of Aventura BEAUTIFICATION AND PARK FACILITIES IMPROVEMENTS This section includes beautification projects and improvements to the City's park system and recreational facilities. There are six (6) projects in the CIP, which total $995,750. Special emphasis was given to upgrading existing park facilities. Policies The City's investment in improvements to the City park system is based on the following policies: Goal: Provide adequate and accessible parks and facilities to meet the recreational needs of all current and future residents. • Provide a variety of quality recreation facilities that will meet the needs of all age groups within the City and enhance the overall environmental characteristics of the area. • Maximize the utilization of all public facilities through the provision of variety in the type of facility offered. • Provide exercise/walking paths and designated areas for bike riders to enhance the physical well being of residents. • Provide recreational facilities on the basis of 2.75 acres per 1,000 population. • Encourage the integration of recreational facilities into the development of residential, commercial, industrial, and open space land uses. Goal: Update the five-year CIP on an annual basis. • Provide parks whereby residents have access to neighborhood parks within a 2 mile radius and community parks which serve the entire City. Goal: Increase Safety Standards • Provide for adequate security measure including limited access facilities. • Replace dangerous equipment and eliminate visual barriers to reduce criminal opportunities. • Employ vandal-resistant equipment and facilities. • Maintain a Parks Usage Plan to protect the City's investment in the park system and ensure the residents' safety. Capital Improvement Program 2017-2022 Page 21 City of Aventura Goal: Protect and preserve environmentally sensitive land and water areas. • Preserve and enhance open space with environmental impact. Existing Facilities There is 32 acres of open space and public park land in the City. Aventura Founders Park was opened in November 1998. This 11 acre site located on West Country Club Drive and NE 190th Street includes both active and passive recreational opportunities. The park encompasses the following components: Splash pad, Jogging Path, tennis courts, gated entries, One ball field w/ dugouts and backstops, Restroom Buildings, Decorative Fencing, Playground, picnic area, passive play areas, baywalk, landscaping, two parking lots, multi-purpose plaza areas, signage, benches, and security lighting. Don Soffer Exercise/Walking Path contains 5.5 acres that is classified as open space recreation area. This facility is used by residents for both recreational and exercise purposes. Waterways Dog Park was acquired by the City in 1998 from a private developer. This 1.5 acre site was previously constructed by a private developer. The City converted this site to a dog park in 2008. Waterways Park was purchased in 2006. The 7 acre site that includes a multipurpose sports field, playground, basketball court, fitness trail, parking and restroom facilities was opened in 2008. Arthur I Snyder Memorial Park was purchased in 1998. This 3.5 acre site was one of the last remaining waterfront undeveloped parcels in the City. This site contains the Community/Recreation Center. Open passive and sitting areas are available at this location. Veterans Park was acquired by the City from a private developer in 2001. This 2 acre site is located on NE 31St Avenue. Facilities and amenities include: parking lot; 1.5 acre open playfield area; playground facilities; restroom facilities and landscaping with shade trees. This park was modified in 2008 by removing the dog play area and expanding the children's play area and adding a restroom facility. Peace Park contains 1.5 acres and was dedicated to the City in 2013. The park was opened in 2016. Facilities and amenities include: children's playground, adult exercise equipment; open playfield area; playground facilities; walkways and landscaping with shade trees. Capital Improvement Program 2017-2022 Page 22 City of Aventura Prior Accomplishments The following projects have been completed or are scheduled for completion as of the 2016/17 fiscal year: Project Title Year Conceptual Design of Aventura Founders Park 1996/97 Design of Country Club Drive Exercise Safety Improvements 1996/97 Purchase of 5.5 acres for Aventura Founders Park 1996/97 Bus Shelter & Bench Replacements 1996/97, 1997/98, 1998/99 1999/00, 2000/01, 2001/02 2005/06 Aventura Blvd Beautification Improvements 1997/98 Northern Entrance Beautification Improvements 1997/98 Aventura Founders Park Development 1997/98 Country Club Drive Exercise/Walking Path Improvements 1997/98 NE 183rd Street Beautification Improvements 1997/98 NE 34th Avenue Beautification Improvements 1997/98 Library Landscaping Project 1997/98 Huber Tract Open Space Land Purchase 1998/99 NE 207th Street Beautification Improvements 1998/99 Country Club Dr. Exercise Path Safety Improvements 1998/99, 2004/05, 2009/10 NE 190th Street Beautification Improvements 1998/99 Biscayne Boulevard Phase I Beautification Improvements 1998/99 FEC Landscape Buffer 1998/99 NE 191St Street Beautification Improvements 1998/99 Waterways Park Improvements 1999/00 Founders Park Improvements 1999/00, 2001/02, 2002/03 2003/04, 2005/06, 2010/11 2013/14, 2014/15, 2015/16 2016/17 Biscayne Boulevard Phase II Beautification Improvements 1999/00 NE 185th Street & NE 28th Ave Beautification Improvements 1999/00 NE 213th Street Beautification Improvements 2001/02 Aventura Blvd. Entrance Features 2001/02 Community/Recreation Center Conceptual Design 2000/01 Community Recreation Center Development 2001/02 Expanded Waterways Park Purchase 2003/04 Biscayne Boulevard Phase II Beautification Improvements 2001/02 Country Club Drive Beautification Improvements 2002/03 Newspaper Racks 2002/03, 2003/04 NE 188th Street Beautification Improvements 2002/03 Yacht Club Way Beautification Improvements 2003/04 William Lehman Causeway Beautification Improvements 2003/04, 2004/05 Veterans Park Development 2003/04 Waterways Park Design 2005/06 Founders Park Parking Lot Expansion 2005/06 Capital Improvement Program 2017-2022 Page 23 City of Aventura NE 207th Street Swale Beautification Improvements 2005/06 Waterways Park Development 2006/07, 2007/08 Splashpad Addition to Founders Park 2006/07 Miami Gardens Drive Beautification Improvements 2006/07 Waterways Dog Park Development 2007/08 Veterans Park Modifications & Improvements 2007/08, 2013/14 Entrance Features Upgrades 2010/11 Waterways Park Improvements 2013/14, 2014/15, 2015/16 2016/17 Peace Park Design 2014/15 Peace Park Construction 2015/16 Exercise Trail Path Lighting System 2015/16 Park Facilities/Open Space Recreation The City's estimated current population is 37,239. The City's Comprehensive Plan recommended standard is 2.75 acres of park and recreation land for every 1,000 potential residents. The amount of park and recreation land required by the park standards for this population is 102 acres. In calculating the number of recreation acres the City has available for use by residents, public private, golf courses and marinas are accounted for at a different degree depending on accessibility to citizens of the City. Assuming that public facilities can be accounted for at 100%, private recreation facilities at 50%, and marinas and the golf course at 25%, the City existing and proposed recreation areas total 117. Therefore, no deficiency exists under the City's standards. Table PFOS1 contains an inventory of existing and proposed recreation and open space areas. The City owns 32 park/open space acres. Table PFOS 1 CITY OF AVENTURA Recreation/Open Space Inventory TYPE FACILITY ACRES APPLICABLE ACRES Public Recreation Areas C Don Soffer Exercise/Walking path 5.5 5.5 C Arthur I Snyder Memorial Park 3.5 3.5 N Veterans Park 2.0 2.0 N Waterways Park 7.0 7.0 N Waterways Dog Park 1.5 1.5 N Peace Park 1.5 1.5 N Aventura Founders Park 11.0 11.0 Public Recreation Subtotal 32.0 32.0 Private Recreation Areas Private Recreation Sites 63.61 31.81 Marina Complexes 9.40 2.35 Golf Courses 203.17 50.79 Private Recreation Subtotal 276.18 84.95 Capital Improvement Program 2017-2022 Page 24 City of Aventura Total Recreation Areas 306.68 116.95 C = Community Park N = Neighborhood Park Funding Plan Funding for the proposed beautification and park facilities will be provided by the proceeds from the following revenue sources: Total Category Budget $995,750 Funding: General Fund $841,750 Capital Projects Fund 154,000 Capital Improvement Program 2017-2022 Page 25 City of Aventura TABLE 1 PROPOSED BEAUTIFICATION AND PARK FACILITIES IMPROVEMENTS PROJECTS SCHEDULED FOR 2017/18-2021/22 SUMMARY BY YEAR i i 2019/20 2020/21 i Bpi Founders Park Improvements CS $ 72,500 $ 185,000 $ 35,000 $ 50,000 $ 89,100 $ 431,600 BP2 Waterways Park Improvements CS - - 6,900 248,050 26,400 281,350 BP3 Veterans Park Improvements CS 154,000 5,500 - - 28,600 188,100 BP4 Waterways Dog Park Improvements CS 4,000 - 9,750 13,750 BP5 Exercise Trail Improvements PW/T 10,400 10,600 10,800 - - 31,800 BP6 City-wide Beautification Improvements PW/T 9,600 9,750 9,800 10,000 10,000 49,150 Totals $ 246,500 $ 214,850 $ 62,500 $ 308,050 $ 163,850 $ 995,750 TABLE 2 PROPOSED BEAUTIFICATION AND PARK FACILITIES IMPROVEMENTS PROJECTS SCHEDULED FOR 2017/18-2021/22 FUNDING PLAN Dept. General Capital Projects "t# Project Title Bpi Founders Park Improvements CS $ 431,600 $ 431,600 $ BP2 Waterways Park Improvements CS 281,350 281,350 BP3 Veterans Park Improvements CS 188,100 34,100 154,000 BP4 Waterways Dog Park Improvements CS 13,750 13,750 - BP5 Exercise Trail Improvements PW/T 31,800 31,800 BP6 City-wide Beautification Improvements PW/T 49,150 49,150 - Totals $ 995,750 $ 841,750 $ 154,000 Capital Improvement Program 2017-2022 Page 26 City of Aventura PROPOSED PROJECTS 1 — CS Founders Park Improvements 2017/18 $72,500 2018/19 $185,000 2019/20 $35,000 2020/21 $50,000 2021/22 $89,100 This project consists of maintenance projects, which replace and update equipment as well as enhancements to the existing features. 2017/18 Replace SplashPad Water Features 43,000 Replace Tennis Court Fencing 17,500 Replace 2 Dugout Roofs 12,000 2018/19 Replace Sunpad Furniture 23,000 Replace SplashPad Pumps 12,000 Renovate 4 Restrooms 150,000 2019/20 Replace Benches and Trash Cans 15,000 Replace SplashPad Water Features 20,000 2020/21 Replace SplashPad Surface 45,000 Replace Tables and Chairs 5,000 2021/22 Replace SplashPad Water Features 40,000 Replace 3 Pavillion Roofs 39,600 Replace Playground Pole Padding 9,500 --------------------------------------------------------------------------------------------------------------------------- 2-C S Waterways Park Improvements 2019/20 $6,900 2020/21 $248,050 2021/22 $26,400 This project consists of the following maintenance projects. 2019/20 Replace 2 Bleacher Shade Structures 6,900 2020/21 Replace Playground Equipment and Surfacing 230,000 Replace Table and Chairs 5,000 Replace Soccer Nets 6,000 Replace Playground Pole Padding 7,050 2021/22 Replace Pavilion Roof 13,200 Replace 2 Dugout Roofs 13,200 Capital Improvement Program 2017-2022 Page 27 City of Aventura -------.----------------------------------------------------------------------------------------------------------- 3-CS Veterans Park Improvements 2017/18 $154,000 2018/19 $5,500 2021/22 $28,600 This project consists of maintenance projects which replace and update equipment as well as enhancements to the existing features. 2017/18 Replace Playground Equipment 150,000 Replace Playground Pole Padding 4,000 2018/19 Replace Drinking Fountain 5,500 2021/22 Replace Playground Shade Canopy 17,600 Replace 2 Shade Structures 11,000 --------------------------------------------------------------------------------------------------------------------------- 4-C S Waterways Dog Park Improvements 2018/19 $4,000 2021/22 $9,750 This project consists of the following maintenance projects. 2018/19 Replace Pole Padding 4,000 2021/22 Replace 2 Doggie Drinking Fountains 9,750 --------------------------------------------------------------------------------------------------------------------------- 5 - PW/T Exercise Trail Improvements 2017/18 $10,400 2018/19 $10,600 2019/20 $10,800 This project consists of maintenance requirements for the Don Soffer Exercise Path: 2017/18 Replace 2 Water Fountains 10,400 2018/19 Replace 2 Water Fountains 10,600 2019/20 Replace 2 Water Fountains 10,800 --------------------------------------------------------------------------------------------------------------------------- 6 — PW/T City-Wide Beautification Improvements 2017/18 $9,600 2018/19 $9,750 2019/20 $9,800 2020/21 $10,000 2021/22 $10,000 This project consists of replacing aging street furniture that is no longer useful. Capital Improvement Program 2017-2022 Page 28 City of Aventura 2017/18 Purchase Trash Cans and Benches 9,600 2018/19 Purchase Trash Cans and Benches 9,750 2019/20 Purchase Trash Cans and Benches 9,800 2020/21 Purchase Trash Cans and Benches 10,000 2021/22 Purchase Trash Cans and Benches 10,000 Capital Improvement Program 2017-2022 Page 29 City of Aventura TRANSPORTATION, DRAINAGE AND INFRASTRUCTURE IMPROVEMENTS This section includes improvements to the City's transportation system, roadways, drainage system, sidewalks, pedestrian pathways, street lighting, transit and other infrastructure improvements. There are four (4) improvement projects in the Capital Improvement Program, which total $4,454,000. Special emphasis was given to seawall maintenance, street lighting, correcting drainage deficiencies, road resurfacing and addressing maintenance considerations. The projects outlined in this section have been developed based on a survey of all areas of the City, with respect to the improvement items, by the City's consulting engineer and staff. The projects were prioritized according to the urgency of the improvements needed and age of the areas to be improved. Policies The City's investment in improvements to its transportation system, roads, sidewalks, street lighting and drainage system is based on the following policies: Goal: Utilize the Stormwater Utility Fund to provide revenue sources to fund drainage improvements contained in the CIP. • Coordinate area-wide storm water developments with major street improvements. • Provide adequate storm drainage as defined by present standards for different types of areas of the City. • Upgrade areas of the City to conform to present drainage standards to eliminate flood prone areas. • Implement projects that address the long-term problems of the rising sea levels. Goal: Improve local roads to meet road safety requirements and serve the transportation needs of the City. • Systematically provide local street improvements throughout the City based upon the existing condition and age of the street and the cost of maintenance of the street. • Implement improvements to meet safety standards. • Improve safety by installing street lighting on all appropriate public roadways. • Provide walkways and sidewalks to improve the safety of residents traveling throughout the City. Capital Improvement Program 2017-2022 Page 30 City of Aventura • Accept the dedication of private roads throughout the City in accordance with the Policy governing the conversion of private roads to public roads as outlined in Resolution No. 97-05. Goal: Address traffic flow along the major roadways and intersections by implementing projects that create improvements to the system. Existing Facilities The following is a list of current public roads under the jurisdiction of the City: NE 185th Street NE 28th Avenue NE 28th Place NE 30th Avenue NE 29th Avenue NE 187th Street NE 29th Place NE 190th Street NE 34th Avenue NE 192nd Street NE 188th Street Aventura Boulevard NE 191St Street North Country Club Drive NE 193rd Street NE 205th Street West Country Club Drive NE 207th Street East Country Club Drive NE 208th Terrace NE 203rd Street NE 211th Street NE 206th Street NE 214th Terrace NE 208th Street NE 183rd Street NE 209th Street Turnberry Way NE 213th Street NE 214th Street Yacht Club Drive NE 27th Court Prior Accomplishments Since the inception of the CIP, the following projects have been completed or are scheduled for completion as of the 2016/17 fiscal year: Project Title Year Country Club Drive Drainage Improvements 1996/97 Sidewalk Installation — Southside of Lehman Causeway 1996/97 Pedestrian Safety Study 1996/97 Aventura Boulevard Street Lighting Improvements 1997/98 NE 183rd Street & Drainage Improvements 1997/98 NE183rd Street Lighting Improvements 1997/98 NE 207th Street Lighting Improvements 1997/98 North Aventura Stormwater Collector (213th Street) 1997/98 Pedestrian Transportation Circulation Safety Improvements 1997/98 NE 190th Street Lighting Improvements 1998/99 South Aventura Stormwater Collector 1998/99 Sidewalk Improvements & Replacements 1998/99, 1999/00, 2000/01 NE 34th avenue Street Lighting Improvements 1999/00 Capital Improvement Program 2017-2022 Page 31 City of Aventura NE 185th Street & NE 28th Avenue Improvements 1999/00 Safety Improvements — Country Club Drive 1999/00 NE 30th Avenue Drainage Improvements 2000/01 NE 213th Street Lighting Improvements 2000/01 NE 34th Avenue Safety/Road Improvements 2000/01 Biscayne Lake Gardens Area Drainage Improvements 2001/02 NE 188th Street, Lighting & Drainage Improvements 2002/03 Country Club Drive Improvements 2002/03, 2012/13, 2013/14 NE 190TH Street Drainage Improvements 2002/03 Yacht Club way Drainage and Lighting Improvements 2003/04 NE 31St Avenue Decorative Street Lighting 2003/04 Extension of Lehman Causeway Westbound Service Road 2003/04 Illuminated Street Signs 2003/04 Hospital District NE 213TH Street Drainage Connector 2003/04 Hospital District North Collector 2004/05 NE 207th Street Resurfacing 2004/05 Traffic Video Monitoring Program 2004/05, 2005/06 Directional Signs 2004/05 Yacht Club Drive Seawall Improvements 2005/06 Miami Gardens Drive 2005/06 Aventura Boulevard Resurfacing 2005/06 NE 213th Street Outfall Drainage Improvement 2006/07 Miami Gardens Drive Extension and Street Lighting 2006/07 Ne 29th Avenue Street Lighting Improvements 2006/07 Yacht Club Drive Resurfacing 2006/07 Countdown Pedestrian Walkway Signals 2006/07 Traffic Video Monitoring Program — Phase 1 2006/07 Traffic Video Monitoring Program — Phase II 2007/08 NE 29th Pace and Yacht Club Way Resurfacing 2007/08 NE 190th Street Drainage Improvements 2007/08 NE 209th Street/Biscayne Boulevard Traffic Improvements 2007/08 NE 187th Street Traffic Improvements 2007/08 NE 180th & NE 182nd Street/Biscay Boulevard Signage 2007/08 NE 199th Street/West Country Club Drive Turning Lane 2008/09 NE 190th Street Resurfacing 2008/09 NE 191St Street/Biscayne Boulevard Traffic Improvements 2008/09 NE 191St /29th Avenue Drainage Improvements 2008/09 Hospital District Resurfacing 2009/10 NE 183rd Street Resurfacing & Road Improvements 2009/10 Yacht Club Way Bridge Improvements 2009/10 Country Club Drive Bus Shelters 2010/11 NE 29th Avenue and NE 187th Street Resurfacing 2010/11 NE 34th Avenue Street Resurfacing 2010/11 Biscayne Boulevard Street Light Upgrades Phase 1 2010/11 Biscayne Boulevard Street Light Upgrades Phase 2 2011/12 NE 185th/NE 31 t Avenue, NE 188th Street and NE 191 Street Capital Improvement Program 2017-2022 Page 32 City of Aventura Resurfacing 2011/12 Biscayne Boulevard Street Light Upgrades Phase 3 2012/13 Traffic Signal @ NE 185th Street & NE 28th Court 2012/13 Turning Lane at N. Country Club Drive and NE 34th Avenue 2012/13 Biscayne Boulevard Street Light Upgrades Phase 4 2013/14 Traffic Flow Improvements NE 185th Street 2013/14 NE 29th Place Drainage Improvements & Resurfacing 2014/15 Biscayne Lake Gardens Resurfacing 2014/15 NE 207th Street Resurfacing 2014/15 Traffic Video Monitoring System Upgrades 2014/15, 2015/16 NE 185th Street Turning Lane Improvements 2014/15 NE 191St Street Drainage Improvements & Resurfacing 2015/16 NE 29th Place (South) Drainage Improvements, Street lights & Resurfacing 2015/16 NE 213th Street Resurfacing 2015/16 NE 213th Street Seawall Repairs 2015/16 Yacht Club Way Bridge Repairs 2015/16 Stormwater Master Plan Phase 1 2015/16 Country Club Drive Flashing Pedestrian Crossing Signs 2015/16 NE 30th Avenue Street Lighting 2015/16 NE 183rd Street, NE 188th Street and NE 190th Street Seawall Improvements 2016/17 Stormwater Master Plan Phase 1 2016/17 NE 27th Avenue, NE 28th Court, NE 30th Avenue and NE 209thStreet Resurfacing 2016/17 Road, Drainage and Infrastructure Improvements The majority of the projects outlined herein can be also be classified as drainage improvements and road resurfacing in accordance with established maintenance schedules. Funding Plan Funding for the proposed roadway, drainage and infrastructure improvement projects will be provided by the following sources: Total Category Budget $4,454,000 Funding: Transportation Fund $3,684,000 Stormwater Utility Fund 770,000 Tables 1 and 2 showing these improvement projects and funding schedules are followed by detailed project descriptions. Capital Improvement Program 2017-2022 Page 33 City of Aventura TABLE 1 PROPOSED TRANSPORTATION,DRAINAGE AND INFRASTRUCTURE IMPROVEMENTS PROJECTS SCHEDULED FOR 2017/18-2021/22 SUMMARY BY YEAR Dept.CIP# Project Title TD11 StormvwaterDrainage Improvements PW/T $ 95,000 $ 125,000 $ 125,000 $ 175,000 $ 250,000 $ 770,000 TDI2 Road Resurfacing Program PW/T 501,000 311,000 551,000 653,000 641,000 2,657,000 TDI3 Bila Share Station Addition PW/T 47,000 - - - - 47,000 TDI3 Street Lighting Improvements PW/T 400,000 400,000 180,000 - - 980,000 Totals $ 1,043,000 $ 836,000 $ 856,000 $ 828,000 $ 891,000 $ 4,454,000 TABLE 2 PROPOSED TRANSPORTATION,DRAINAGE AND INFRASTRUCTURE IMPROVEMENTS PROJECTS SCHEDULED FOR 2017/18-2021/22 FUNDING PLAN Dept. Stormwater utility General Transportation CIP# Project Title TD11 StormvwaterDrainage Improvements PW/T $ 770,000 $ 770,000 $ - $ - TDI2 Road Resurfacing Program PW/T 2,657,000 - - 2,657,000 TDI3 Bila Share Station Addition PW/T 47,000 47,000 TDI3 Street Lighting Improvements PW/T 980,000 - - 980,000 Totals $ 4,454,000 $ 770,000 $ - $ 3,684,000 Capital Improvement Program 2017-2022 Page 34 City of Aventura PROPOSED PROJECTS 1-P W/T Stormwater Drainage Improvements 2017/18 $95,000 2018/19 $125,000 2019/20 $125,000 2020/21 $175,000 2021/22 $250,000 Projects included provide for drainage improvements in areas prone to flooding and addressing the long-term impacts of the rising sea levels by installing check valves in the various drainage outflows throughout the City. 2017/18 Replace Country Club Drive Pump Station 95,000 2018/19 2 Stormwater Outflow Check Valves 125,000 2019/20 2 Stormwater Outflow Check Valves 125,000 2020/21 2 Stormwater Outflow Check Valves 125,000 NE 209th Street 50,000 2021/22 4 Stormwater Outflow Check Valves 250,000 2-PW/T Road Resurfacing Program 2017/18 $501,000 2018/19 $311,000 2019/20 $551,000 2020/21 $653,000 2021/22 $641,000 This project consists of resurfacing roadways as determined by the City's maintenance standards and the Public Works/Transportation Department. 2017/18 Yacht Club Drive 385,000 Mystic Point Drive 116,000 2018/19 NE 187th Street 155,000 NE 185th Street 156,000 2019/20 Aventura Boulevard 365,000 NE 34th Avenue 68,000 NE 28th Avenue 118,000 2020/21 N E 190th Street 326,000 Yacht Club Way 125,000 Hospital District 202,000 Capital Improvement Program 2017-2022 Page 35 City of Aventura 2021/22 NE 188th Street 310,000 NE 183rd Street 290,000 N E 31 st Street 41,000 3-P W/T Bike Share Station 2017/18 $47,000 This project involves adding an additional bike share station at E. Country Club Drive/Mystic Point area. --------------------------------------------------------------------------------------------------------------------------- 4-P W/T Streetlight Improvements 2017/18 $400,000 2018/19 $400,000 2019/20 $180,000 2017/18 Retrofit Street Lighting with LED fixtures 400,000 2018/19 Retrofit Street Lighting with LED fixtures 400,000 2019/20 Retrofit Median Lighting with LED fixtures 180,000 Capital Improvement Program 2017-2022 Page 36 City of Aventura PUBLIC BUILDINGS AND FACILITIES IMPROVEMENTS Capital projects in this functional category include providing new facilities to serve City residents or improvements to existing facilities in the City. The CIP includes 4 projects totaling $12,392,500. The major project included in this category is the construction of the proposed Aventura Charter high School. Policies The City's investment in improvements to public buildings and operational facilities is based on the following policies: • Provide easily accessible services to City residents and adequate parking for City facilities. • Repair and maintain all buildings and facilities in proper order to increase life of said facilities. Prior Accomplishments The following projects have been completed or are scheduled for completion as of the 2016/17 fiscal year: Project Title Year Government Center/Police Station Needs Assessment Study 1996/97 Government Center Land Purchase 1997/98 Design of Government Center/Police 1997/98 Construction of Government Center 1999/00, 2000/01 Purchase of Charter Elementary School Property 2001/02 Construction of Charter Elementary School 2002/03 Community Center Improvements 2003/04, 2004/05, 2006/07, 2007/08 Construction of Middle School Wing to Charter School 2004/05 Holiday Lighting for Government Center 2005/06 Design of Arts & Cultural Center 2007/08 Classroom Additions to Charter School 2008/09 Arts & Cultural Center Construction 2008/09, 2009/10 Government Center Chiller Replacements 2009/10 Police Department Office Improvement 2009/10 Government Center Security Equipment Upgrade 2010/11 Government Center Commission Chambers Video Upgrade 2010/11 Government Center Parking Expansion Design 2011/12 Government Center Parking Garage 2012/13 Police Communications Center Improvements 2014/15 Funding Plan Funding for the proposed Public Buildings Projects will be provided by the following sources: Total Category Budget $12,392,500 Capital Improvement Program 2017-2022 Page 37 City of Aventura Funding: General Fund $230,500 Charter School Fund 190 162,000 Charter School fund 191 transfer form General Fund Reserve 6,000,000 Bank Loan 6,000,000 Capital Improvement Program 2017-2022 Page 38 City of Aventura TABLE 1 PROPOSED PUBLIC BUILDING AND FACILITIES IMPROVEMENTS PROJECTS SCHEDULED FOR 2017/18-2021/22 SUMMARY BY YEAR CIP# Project Title Dept. 2017/18 . 2019/20 2020/21 PBF1 Aventura Charter High School Construction CS $ 5,000,000 $ 7,000,000 - $ - - $ 12,000,000 PBF2 HVAC Replacements PW/T 114,000 80,000 57,000 15,000 56,000 322,000 PBF3 Community Recreation Center Improvements CS 34,000 - 13,500 - - 47,500 PBF4 AACC Improvements AACC - - 23,000 - - 23,000 Totals $ 5,148,000 $ 7,080,000 $ 93,500 $ 15,000 $ 56,000 $ 12,392,500 TABLE 2 PROPOSED PUBLIC BUILDING AND FACILITIES IMPROVEMENTS PROJECTS SCHEDULED FOR 2017/18-2021/22 FUNDING PLAN Charter Charter General Bank CIP# Project Title Dept. Total Fund 191 Fund 190 Fund Loan Aventura Charter High School Construction CS $12,000,000 $ 6,000,000 $ 6,000,000 PBF2 HVAC Replacements PW/T $ 322,000 $ 162,000 $ 160,000 PBF3 Community Recreation Center Improvements CS 47,500 - 47,500 PBF4 AACC Improvements AACC 23,000 - 23,000 Totals $12,392,500 $ 6,000,000 $ 162,000 $ 230,500 $ 6,000,000 Capital Improvement Program 2017-2022 Page 39 City of Aventura PROPOSED PROJECTS 1 — CS Aventura Charter High School Construction 2017/18 $5,000,000 201 8/1 9 7,000,000 This project consists of constructing a four-story Charter school on NE 213th Street adjacent to Waterways Park along with a Gym to accommodate 800 students at full capacity. Project includes furniture and equipment. 2 — PW/T HVAC Replacements 2017/18 $114,000 2018/19 $80,000 2019/20 $57,000 2020/21 $15,000 2021/22 $56,000 This project consists of replacing the air conditioning units at various City facilities. 2017/18 Replace HVACs at ACES $62,000 Replace HVACs at Community Recreation Center 36,000 Replace Smoke Evacuation Fans at Government Center 16,000 2018/19 Replace air Handler at Government Center $16,000 Replace HVACs at ACES 46,000 Replace Smoke Evacuation Fans at Government Center 18,000 2019/20 Replace 17.5 ton HVAC at ACES $25,000 Replace 30 ton HVAC at ACES 32,000 2020/21 Replace 3 ton HVAC at Government Center $15,000 2021/22 Replace 17.5 ton HVAC at ACES $28,000 Replace 20 ton HVAC at ACES 28,000 3 — CS Community Recreation Center Improvements 2017/18 $34,000 2019/20 $13,500 2017/18 Replace Gym Bleachers, Wall Padding and Curtain. 2019/20 Replace Gym Lighting with LED Lights --------------------------------------------------------------------------------------------------------------------------- Capital Improvement Program 2017-2022 Page 40 City of Aventura 4 —AACC ACCC Improvements 2019/20 $23,000 This project consists of replacing the carpet at the Aventura & Arts and Cultural Center. Capital Improvement Program 2017-2022 Page 41 City of Aventura INFORMATION/COMMUNICATIONS TECHNOLOGY This functional category includes improvements to the City's information/communication systems, data processing and the automation of certain operations by utilizing the latest technology to enhance productivity and efficiency. There are 13 projects totaling $4,224,475. Policies The City's investment in information/technology projects is based on the following policies: • Continue the implementation upgrade of the Management Information System for all key City operations to automate functions and improve efficiency and productivity. • Maintain state of the art City-wide radio communications capabilities for Police operations. • Develop and maintain computerized capabilities of the various City departments and information systems. • Utilize the latest state-of-the-art technology including the use of the Internet and social media for the delivery of services. • Maintain the E911 system to enhance police response times to emergencies. • Utilize the latest technology for education and teaching at the Charter School. Funding Plan Funding for the proposed Information Technology Projects will be provided by the following sources: Total Category Budget $4,224,475 Funding: General Fund $2,400,575 Charter School Fund 1,823,900 Capital Improvement Program 2017-2022 Page 42 City of Aventura TABLE 1 PROPOSED COMMUNICATIONS AND COMPUTERS EQUIPMENT PROJECTS SCHEDULED FOR 2017/18-2021/22 SUMMARY BY YEAR CIP# Project Title Dept.# 2017/18 2018/19 2019/20 2020/21 2021/22 Total ICT1 Police Computers Systems<$5000 PD $ 205,375 $ 175,375 $ 111,375 $ 130,375 $ 136,375 $ 758,875 ICT2 Central Computer System>$5000 IT 240,000 210,000 255,000 240,000 255,000 1,200,000 ICT3 Radios PD 35,200 172,000 20,000 32,000 10,000 269,200 ICT4 Computer Equipment<$5000 ACES 237,000 242,000 261,000 232,400 272,000 1,244,400 ICT5 Computer Equipment>$5000 ACES 102,000 110,000 132,500 102,000 133,000 579,500 ICT6 Computer Equipment<$5000 IT 6,000 6,000 6,000 6,000 6,000 30,000 ICT7 Computer Equipment<$5000 F 3,000 3,000 5,000 2,000 3,000 16,000 ICT8 Computer Equipment<$5000 CM 2,000 - - - - 2,000 ICT9 Computer Equipment<$5000 PW/T 6,000 8,000 2,000 2,000 2,000 20,000 ICT10 Computer Equipment<$5000 CS 17,000 5,500 8,000 9,000 6,000 45,500 ICT11 Computer Equipment<$5000 CD 4,000 4,500 3,500 4,500 3,500 20,000 ICT12 Computer Equipment<$5000 AACC 6,000 5,000 11,000 2,000 6,000 30,000 ICT13 Computer Equipment<$5000 CC 3,000 1,000 2,000 1,000 2,000 9,000 Totals $ 866,575 $ 942,375 $ 817,375 $ 763,275 $ 834,875 $ 4,224,475 TABLE 2 PROPOSED COMMUNICATIONS AND COMPUTERS EQUIPMENT PROJECTS SCHEDULED FOR 2017/18-2021/22 FUNDING PLAN Charter General School CIP# Project Title Dept.# Total Fund Fund Police Computers Systems<$5000 PD $ 758,875 $ 758,875 ICT2 Central Computer System>$5000 IT 1,200,000 1,200,000 ICT3 Radios and E911 System PD 269,200 269,200 - ICT4 Computer Equipment<$5000 ACES 1,244,400 - 1,244,400 ICT5 Computer Equipment>$5000 ACES 579,500 - 579,500 ICT6 Computer Equipment<$5000 IT 30,000 30,000 - ICT7 Computer Equipment<$5000 F 16,000 16,000 ICT8 Computer Equipment<$5000 CM 2,000 2,000 ICT9 Computer Equipment<$5000 PW/T 20,000 20,000 ICT10 Computer Equipment<$5000 CS 45,500 45,500 ICT11 Computer Equipment<$5000 CD 20,000 20,000 ICT12 Computer Equipment<$5000 AACC 30,000 30,000 ICT13 Computer Equipment<$5000 CC 9,000 9,000 - $ 4,224,475 $ 2,400,575 $ 1,823,900 Totals Capital Improvement Program 2017-2022 Page 43 City of Aventura PROPOSED PROJECTS 1 - PD Police Computers Systems < $5000 2017/18 $205,375 2018/19 $175,375 2019/20 $111,375 2020/21 $130,375 2021/22 $136,375 This project consists of purchasing computer equipment and software that utilizes the latest technology for the Police Department. 2017/18 Upgrades $ 5,000 Replace 25 Mobile Laptops 50,000 20 Desktop Computers 24,000 40 Vehicle Modems 56,000 Replace Server 7,000 15 Vehicle Printers 7,875 Desktop Scanners 4,000 Laser Printer 1,500 Replace Smart Board 10,000 Key Track System 40,000 2018/19 Upgrades $ 5,000 Replace 25 Mobile Laptops 50,000 20 Desktop Computers 24,000 Vehicle Modems 56,000 Replace Server 7,000 15 Vehicle Printers 7,875 Desktop Scanners 4,000 Replace 2 Smart Board 10,000 Laptop-Ruggized 10,000 Laser Printer 1,500 2019/20 Upgrades $ 5,000 Replace 25 Mobile Laptops 50,000 20 Desktop Computers 24,000 10 Vehicle Modems 14,000 Replace Server 7,000 15 Vehicle Printers 7,875 Desktop Scanners 2,000 2 Laser Printer 1,500 2020/21 Upgrades $ 5,000 Replace 25 Mobile Laptops 50,000 20 Desktop Computers 24,000 10 Vehicle Modems 14,000 Capital Improvement Program 2017-2022 Page 44 City of Aventura Replace 1 Server 7,000 15 Vehicle Printers 7,875 Desktop Scanners 2,000 Laser Printer 1,500 Replace In-Car Video Server 15,000 Laptop-Ruggized 4,000 2021/22 Upgrades $ 5,000 Replace 25 Mobile Laptops 50,000 20 Desktop Computers 24,000 10 Vehicle Modems 14,000 Replace 1 Server 7,000 15 Vehicle Printers 7,875 Desktop Scanners 3,000 Laser Printer 1,500 EOC Desktop Computers 12,000 Laptop-Ruggized 4,000 Replace Smartboard 8,000 2 - IT Central Management Information System > $5000 2017/18 $240,000 2018/19 $210,000 2019/20 $255,000 2020/21 $240,000 2021/22 $255,000 This project consists of purchasing new and replacement computer hardware and software that utilize the latest technology for the City's general information management system, which is used by all City Departments. 2017/18 Software/Licenses/Upgrades $25,000 Servers/ Security/UPS/Switches 105,000 AS 400 Upgrades 30,000 Upgrade Phone System 10,000 TVMS Equipment Upgrades 50,000 Equipment for Redundant Site 15,000 Security Cameras/Recorders 5,000 2018/19 Software/Licenses/Upgrades $20,000 Servers/ Security/UPS/Switches 85,000 AS 400 Upgrades 5,000 Upgrade Phone System 15,000 TVMS Equipment Upgrades 65,000 Security Cameras/Recorders 20,000 2019/20 Software/Licenses/Upgrades $15,000 Servers/ Security/UPS/Switches 85,000 Capital Improvement Program 2017-2022 Page 45 City of Aventura AS 400 Upgrades 5,000 Upgrade Phone System 25,000 TVMS Equipment Upgrades 75,000 Security Cameras/Recorders 50,000 2020/21 Software/Licenses/Upgrades $20,000 Servers/ Security/UPS/Switches 80,000 AS 400 Upgrades 5,000 Upgrade Phone System 5,000 Upgrade Video System Solution 10,000 TVMS Equipment Upgrades 100,000 Security Cameras/Recorders 20,000 2021/22 Software/Licenses/Upgrades $20,000 Servers/ Security/UPS/Switches 100,000 AS 400 Upgrades 5,000 Upgrade Phone System 10,000 TVMS Equipment Upgrades 100,000 Security Cameras/Recorders 20,000 3 - PD Radios 2017/18 $35,200 2018/19 $172,000 2019/20 $20,000 2020/21 $32,000 2021/22 $10,000 This project consists of upgrading the equipment for the 800 Mhz police radio system to ensure a state-of-the-art system and maintain the E911 system. 2017/18 8 Replacement Mobile Radios 35,200 2018/19 5 Mobile Radios 22,000 System Console Upgrade 150,000 2019/20 4 Mobile Radios 20,000 2020/21 8 Mobile Radios 32,000 2016/17 2 Mobile Radios 10,000 4 -ACES Computer Equipment < $5,000 2017/18 $237,000 2018/19 $242,000 2019/20 $261,000 2020/21 $232,400 2021/22 $272,000 Capital Improvement Program 2017-2022 Page 46 City of Aventura This project consists of the regular replacement of the computers, laptops, servers and network infrastructure at the Aventura City of Excellence School. 2017/18 Replace 155 Laptops/Computers 115,000 Add 30 New Laptops 30,000 Mobile Learning Computer Labs 24,000 150 Tablet Computers 63,000 Replace Security Cameras 5,000 2018/19 Replace 150 Laptops/Computers 150,000 150 Tablet Computers 63,000 Mobile Learning Computer Lab 18,000 Replace Desktop Scanner 1,000 Replace Security Cameras 10,000 2019/20 Replace 165 Laptops/Computers 165,000 150 Tablet Computers 63,000 Mobile Learning Computer Lab 21,000 Replace Color Laser Printer 2,000 Replace Security Cameras 10,000 2020/21 Replace 150 Laptops/Computers 150,000 120 Tablet Computers 50,400 Mobile Learning Computer Lab 21,000 Replace Desktop Scanner 1,000 Replace Security Cameras 10,000 2021/22 Replace 170 Laptops/Computers 170,000 150 Tablet Computers 63,000 Mobile Learning Computer Lab 27,000 Replace Color Laser Printer 2,000 Replace Security Cameras 10,000 --------------------------------------------------------------------------------------------------------------------------- 5 -ACES Computer Equipment > $5000 2017/18 $102,000 2018/19 $110,000 2019/20 $132,500 2020/21 $102,000 20210/22 $133,000 This project consists of the regular replacement of smartboards and network infrastructure at the Aventura City of Excellence School that exceeds $5,000. 2017/18 Replace Network Switches and Routers 45,000 Phone System Upgrade 5,000 Replace AV equipment and/or Smart boards 52,000 Capital Improvement Program 2017-2022 Page 47 City of Aventura 2018/19 Replace Network Switches and Routers 45,000 Replace AV equipment and/or Smart boards 65,000 2019/20 Replace Network Switches and Routers 20,000 Phone System Upgrade 15,000 Replace AV equipment and/or Smart boards 97,500 2020/21 Replace Network Switches and Routers 25,000 Replace 2 Servers 12,000 Replace AV equipment and/or Smart boards 65,000 2021/22 Replace Network Switches and Routers 50,000 Replace 3 Servers 18,000 Replace AV equipment and/or Smart boards 65,000 6 - IT Computer Equipment < $5000 2017/18 $6,000 2018/19 $6,000 2019/20 $6,000 2020/21 $6,000 2021/22 $6,000 This project includes the replacement of existing equipment for the various employees of the department. --------------------------------------------------------------------------------------------------------------------------- 7 - F Computer Equipment < $5000 2017/18 $3,000 2018/19 $3,000 2019/20 $5,000 2020/21 $2,000 2021/22 $3,000 This project includes the replacement of existing equipment for the various employees of the department. --------------------------------------------------------------------------------------------------------------------------- 8 - CM Computer Equipment < $5000 2017/18 $2,000 This project consists of upgrading computer equipment in the Office of the City Manager. 9 — PW/T Computer Equipment < $5000 2017/18 $6,000 2018/19 $8,000 2019/20 $2,000 2020/21 $2,000 2021/22 $2,000 Capital Improvement Program 2017-2022 Page 48 City of Aventura This project consists of purchasing and upgrading computer equipment in the Public Works/Transportation Department. 2017/18 Replace 1 Computers $1,000 Replace HVAC Computer 4,000 Upgrade GIS Software 1,000 2018/19 1 Computer $1,000 Replace 1 Plotter 6,000 Upgrade GIS Software 1,000 2019/20 1 Computer $1,000 Upgrade GIS Software 1,000 2020/21 Replace 1 Computers $1,000 Upgrade GIS Software 1,000 2021/22 Replace 1 Computers $1,000 Upgrade GIS Software 1,000 10 - CS Computer Equipment < $5000 2017/18 $17,000 2018/19 $5,500 2019/20 $8,000 2020/21 $9,000 2021/22 $6,000 This project consists of purchasing and upgrading computer equipment in the Community Services Department and Community Recreation Center. 2017/18 Replace 5 Computers $5,000 Replace 1 ID Printer 4,000 Kiosk for CRC Registration 8,000 2018/19 Replace 4 Computers $4,000 Replace 1 Laptop 1,500 2019/20 Replace 4 Computers $4,000 Replace 1 ID Printer 4,000 2020/21 Replace 5 Computers $5,000 Replace 1 ID Printer 4,000 2021/22 Replace 4 Computers $4,000 Replace Scanner 1,000 Replace Large Format Printer 1,000 Capital Improvement Program 2017-2022 Page 49 City of Aventura 11 - CD Computer Equipment < $5000 2017/18 $4,000 2018/19 $4,500 2019/20 $3,500 2020/21 $4,500 2021/22 $3,500 This project consists of computer upgrades, replacement printers and the implementation of field computers for code compliance and building inspections for the Community Development Department. 2017/18 Replace 3 Computers $3,000 Replace 2 Laserjet Printers 1,000 2018/19 Replace 3 Computers $3,000 Replace 1 Laserjet Printer 500 Replace Desktop Scanner 1,000 2019/20 Replace 3 Computers $3,000 Replace 1 Laserjet Printer 500 2020/21 Replace 3 Computers $3,000 Replace Laserjet Printers 500 Replace Desktop Scanner 1,000 2021/22 Replace 3 Computers $3,000 Replace 1 Laserjet Printer 500 12 - AACC Computer Equipment < $5000 2017/18 $6,000 2018/19 $5,000 2019/20 $11,000 2020/21 $2,000 2021/22 $6,000 This project consists of purchasing and upgrading computer equipment in the Arts & Cultural Center. 2017/18 Replace 2 Laptop/tablets 4,000 Replace Color Laser Printer 2,000 2018/19 Replace 4 Computers/laptops 5,000 2019/20 Upgrade Point of Sale System 11,000 2020/21 Replace Laptop/tablets 2,000 Capital Improvement Program 2017-2022 Page 50 City of Aventura 2021/22 Replace 4 Computers 4,000 Replace Network Switches 2,000 13 - CC Computer Equipment < $5000 2017/18 $3,000 2018/19 $1,000 2019/20 $2,000 2020/21 $1,000 2021/22 $2,000 This project consists of upgrading and replacing computer equipment in the City Clerk's Office. Capital Improvement Program 2017-2022 Page 51 City of Aventura CAPITAL EQUIPMENT PURCHASES AND REPLACEMENTS This section includes projects relating to Capital Equipment Purchases and Replacements for all operating departments. There are a total of 9 projects totaling $3,521,700. Policies The City's investment in capital equipment purchases and replacements is based on the following policies: Goal: Provide capital equipment that will meet the needs of all departments in order to maintain the efficiency and productivity of providing municipal services to the City's residents. • Replace all present equipment that is required when they become unusable, unsafe or when maintenance costs outweigh the total cost of replacement. • Develop and maintain an "Equipment Evaluation and Replacement Guide" to determine replacement schedules and costs. • Purchase more economical, fuel efficient and multi-functional vehicles. • Purchase "green" or electric vehicles where practical. • Maintain all City assets at a level adequate to protect the City's capital investment and to minimize future maintenance and replacement costs. Proposed Capital Equipment Purchase And Replacement Most projects outlined in the 2017/18 to 2021/22 Capital Improvement Program are either pertaining to vehicles or operational equipment. Detailed project descriptions and a funding schedule follow. The CIP guidelines provide that capital equipment shall be defined as having a useful life of more than one year and a value of $5,000 or more. Equipment that has a value of $5,000 or less is also included in this document for budgetary purpose. Funding Plan Funding for the proposed Capital Equipment Purchase and Replacement Projects will be provided: Total Category Budget $3,521,700 Funding: General Fund $3,507,700 Charter School Fund 14,000 Capital Improvement Program 2017-2022 Page 52 City of Aventura TABLE 1 PROPOSED CAPITAL EQUIPMENT PURCHASE AND REPLACEMENT PROJECTS SCHEDULED FOR 2017/18-2021/22 SUMMARY BY YEAR IP# Project Title Dept.# 2017/18 2018/19 2019/20 2020/21 2021/22 Total CE1 Vehicle Purchase&Replacements PD $ 410,000 $ 535,000 $ 458,000 $ 430,500 $ 187,000 $ 2,020,500 CE2 Equipment Purchase and Replacement>5000 PD 106,000 137,500 124,500 143,000 109,000 620,000 CE3 Equipment Purchase and Replacement<5000 PD 73,800 77,700 29,600 15,600 15,600 212,300 CE4 Equipment Purchase and Replacement>5000 CS 40,850 51,200 15,100 16,800 26,200 150,150 CE5 Equipment Purchase and Replacement>5000 PW/T 28,000 30,000 - - 60,000 118,000 CE6 Equipment Purchase and Replacement<5000 CS 16,050 15,000 6,500 2,000 7,500 47,050 CE7 Equipment Purchase and Replacement>5000 AACC 58,200 43,000 40,000 102,000 71,500 314,700 CE8 Equipment Purchase and Replacement>5000 CD - 25,000 - - - 25,000 CE9 Equipment Purchase and Replacement>5000 ACES 14,000 - - - - 14,000 Totals $ 746,900 $ 914,400 $ 673,700 $ 709,900 $ 476,800 $ 3,521,700 TABLE 2 PROPOSED CAPITAL EQUIPMENT PURCHASE AND REPLACEMENT PROJECTS SCHEDULED FOR 2017/18-2021/22 FUNDING PLAN Charter General School CIP# Project Title Dept. CE1 Vehicle Purchase&Replacements PD $ 2,020,500 $ 2,020,500 CE2 Equipment Purchase and Replacement>5000 PD 620,000 620,000 CE3 Equipment Purchase and Replacement<5000 PD 212,300 212,300 CE4 Equipment Purchase and Replacement>5000 CS 150,150 150,150 CE5 Equipment Purchase and Replacement>5000 PW/T 118,000 118,000 CE6 Equipment Purchase and Replacement<5000 CS 47,050 47,050 CE7 Equipment Purchase and Replacement>5000 AACC 314,700 314,700 CE8 Equipment Purchase and Replacement>5000 CD 25,000 25,000 CE9 Equipment Purchase and Replacement>5000 ACES 14,000 - 14,000 Totals $ 3,521,700 $ 3,507,700 $ 14,000 Capital Improvement Program 2017-2022 Page 53 City of Aventura PROPOSED PROJECTS 1 - PD Vehicle Purchase & Replacements 2017/18 $410,000 2018/19 $535,000 2019/20 $458,000 2020/21 $430,500 2021/22 $187,000 This project consists of purchasing police vehicles to accommodate new employee additions and establish a vehicle replacement program in the Police Department. 2017/18 Replace 13 Patrol Vehicles $410,000 2018/19 Replace 10 Patrol Vehicles $340,000 Replace 2 Traffic Vehicles 70,000 Replace K-9 Vehicles 35,000 Replace Crime Scene Van 35,000 Replace Fleet Truck 25,000 Replace Crime Prevention Van 30,000 2019/20 Replace 9 Patrol Vehicles $324,000 Replace Prisoner Van 40,000 Replace Traffic Truck 35,000 Replace K-9 Vehicles 35,000 Replace Boat Trailer 12,000 Replace Firearms Trailer 12,000 2020/21 Replace 10 Patrol Vehicles $380,000 Replace Crime Prevention Trailer 12,500 Replace Crime Scene Van 38,000 2021/22 Replace 4 Patrol Vehicles $152,000 Replace Marine Patrol Truck 35,000 --------------------------------------------------------------------------------------------------------------------------- 2 - PD Equipment Purchase and Replacement > $5000 2017/18 $106,000 2018/19 $137,500 2019/20 $124,500 2020/21 $143,000 2021/22 $109,000 This project consists of purchasing equipment for the Police Department. The following is a breakdown of the items to be replaced: 2017/18 13 Vehicle Equipment $80,000 Capital Improvement Program 2017-2022 Page 54 City of Aventura Replace Segway 10,000 Message Board 13,000 Trailer Build-Out 3,000 2018/19 10 Vehicle Equipment $61,500 Replace In-Car Video 25,000 2 Traffic Vehicle Equipment 15,000 Crime Scene Equipment 8,000 K-9 Vehicle Equipment 10,000 Replace K-9 15,000 Crime Prevention Van Equipment 3,000 2019/20 9 Vehicle Equipment $57,000 Traffic Vehicle Equipment 7,500 K-9 Vehicle Equipment 10,000 Prisoner Van Equipment 25,000 Replace In-Car Video 15,000 Dive Team Equipment 10,000 2020/21 10 Vehicle Equipment $70,000 Replace In-Car Video 25,000 Crime Scene Equipment 8,000 Replace 2 Marine Engines 40,000 2021/22 4 Vehicle Equipment $28,000 Replace Marine Patrol Truck Equipment 6,000 Replace Boat Engines 60,000 Replace In-Car Video 15,000 --------------------------------------------------------------------------------------------------------------------------- 3 - PD Equipment Purchase and Replacement < $5000 2017/18 $73,800 2018/19 $77,700 2019/20 $29,600 2020/21 $15,600 2021/22 $15,600 2017/18 Replace 13 Ballistic Vests $13,000 AR Rifles & Accessories 13,200 Repelling Gear 7,600 10 Tasers 13,500 Equipment for New Employees 13,000 Portable License Plate Readers 2,100 Camera 4,000 Mounted Arrow Boards 2,700 Mounted Radar Unit 2,200 Capital Improvement Program 2017-2022 Page 55 City of Aventura 1 Laser Unit 2,500 2018/19 Replace 16 Ballistic Vests $17,600 2 Laser Units 4,000 Replace Dive Team Equipment 2,400 10 Swat Vests 30,000 Replace Swat Rifles 13,500 Equipment for New Employees 3,000 Replace 12 SWAT Handguns 7,200 2019/20 Replace 12 Ballistic Vests $15,600 3 Glocks 2,000 6 Tasers 8,000 2 digital Cameras 4,000 2020/21 Replace 12 Ballistic Vests $15,600 2021/22 Replace 12 Ballistic Vests $15,600 4 - CS Equipment Purchase and Replacement > $5,000 2017/18 $40,850 2018/19 $51,200 2019/20 $15,100 2020/21 $16,800 2021/22 $26,200 This project consists of the replacement of equipment that has become inefficient, defective, or unusable and to add new equipment to provide improved services in the Community Services Department. The following is a breakdown of the items to be purchased: 2017/18 Purchase 1 Pickup Truck $25,000 Repair Partition Wall at CRC 7,450 Replace 2 Strength Machines at CRC 8,400 2018/19 2 Electric Low Speed Vehicles $29,000 Replace 2 Treadmills at CRC 13,000 Replace 2 Strength Machines at CRC 9,200 2019/20 Replace 2 Treadmills at CRC $6,500 Replace 2 Strength Machines at CRC 8,600 2020/21 Replace 2 Recumbent Bikes at CRC $6,000 Replace 2 Strength Machines at CRC 10,800 2021/22 Replace 2 Ellipticals at CRC $11,000 Replace 2 Strength Machines at CRC 9,200 Capital Improvement Program 2017-2022 Page 56 City of Aventura Replace Soccer Goals 6,000 --------------------------------------------------------------------------------------------------------------------------- 5 — PW/T Equipment Purchase and Replacement > $5,000 2017/18 $28,000 2018/19 $30,000 2021/22 $60,000 This project consists of the replacement of equipment that has become inefficient, defective, or unusable and to add new equipment to provide improved services in the Public Works/Transportation Department. The following is a breakdown of the items to be purchased: 2017/18 Replace Hybrid Utility Vehicle $28,000 2018/19 Replace Hybrid Utility Vehicle $30,000 2021/22 Replace Pickup Truck $30,000 Replace Sedan 30,000 --------------------------------------------------------------------------------------------------------------------------- 6 - CS Equipment Purchase and Replacement < $5,000 2017/18 $16,050 2018/19 $15,000 2019/20 $6,500 2020/21 $2,000 2021/22 $7,500 This project consists of the replacement of equipment that has become inefficient, defective, or unusable in the Community Recreation Center. The following is a breakdown of the items to be replaced: 2017/18 Replace Stair Climber $1,750 Replace 2 Tents 2,000 Replace Shade Structure at CRC 4,900 Replace Lobby Benches at CRC 2,400 Replace Drinking Fountains at CRC 5,000 2018/19 Replace 10 Tables $2,400 Replace 40 Chairs and 3 Carts 4,700 Replace 2 Soccer Goals 4,900 Replace 3 Tents 3,000 2019/20 Replace Sports Fencing Panels $3,500 Replace 3 Tents 3,000 2020/21 Replace 2 Tents $2,000 2021/22 Replace 4 Tents $4,000 Capital Improvement Program 2017-2022 Page 57 City of Aventura Replace Sports Fencing Panels 3,500 --------------------------------------------------------------------------------------------------------------------------- 7 -AACC Equipment Purchase and Replacement > $5,000 2017/18 $58,200 2018/19 $43,000 2019/20 $40,000 2020/21 $102,000 2021/22 $71,500 This project consists of purchasing equipment for the Arts & Cultural Center: 2017/18 Replace Lobby, & Patio Furniture $14,200 Replace Green Room Furniture 3,500 Replace Dressing Room Chairs 3,000 Ground Row Strips 26,400 Wireless microphones 8,600 Wireless Vdideo Transmitter and Camera 2,500 2018/19 Replace Radios $3,500 Replace Stage Monitors 6,000 Refinish Grand Piano 6,500 Additional Outdoor Lighting 20,000 Replace ALD Listening System 2,000 Replace Cyclorama 5,000 2019/20 Replace Scrim $5,000 Replace Lighting Consoles 20,000 Replace of Dance Floor 15,000 2020/21 ReplaceClear Comm System $30,000 Adiitional Moving Lights 20,000 Replace Audio Console 45,000 Replace ALD Listening System 7,000 2021/22 Replace Lobby Furniture $10,000 Replace Projector 30,000 Replace Green Room Furniture 3,500 Replace Microphones 8,000 Replace borders 20,000 --------------------------------------------------------------------------------------------------------------------------- 8 - CD Equipment Purchase and Replacement > $5,000 2018/19 $25,000 This project consists of the addition of equipment or the replacement of equipment that has become inefficient, defective, or unusable in the Community Development Department. The following is a breakdown of the items to be replaced: Capital Improvement Program 2017-2022 Page 58 City of Aventura 2018/19 Pickup Truck $25,000 9 —ACES Equipment Purchase and Replacement > $5,000 2017/18 $14,000 This project consists of the replacement classroom desks 2017/18 ACES Classroom Furniture $14,000 --------------------------------------------------------------------------------------------------------------------------- Capital Improvement Program 2017-2022 Page 59 City of Aventura 0ItMwftIM 1=IsomM0 'M ■ �I � �iM MM ■ � � M ■ M fill f Capital Improvement Program 2017-2022 Page 60