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11-07-2017 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 NOVEMBER 7, 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. ELECTION OF VICE MAYOR 4. AGENDA: Request for Deletions/Emergency Additions 5. SPECIAL PRESENTATIONS: • Proclamation • Employee Service Awards 6. 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: • October 3, 2017 Commission Regular Meeting • October 12, 2017 Commission Meeting • October 19, 2017 Commission Meeting • October 19, 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 November 7, 2017 C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,AUTHORIZING ELECTED OFFICIALS OF THE CITY OF AVENTURA TO PARTICIPATE IN THE CITY'S GROUP HEALTH INSURANCE PLAN, WITH ALL APPLICABLE INSURANCE PREMIUMS TO BE PAID SOLELY BY THOSE ELECTED OFFICIALS WHO PARTICIPATE; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN TERRACES NORTH AT TURNBERRY AND THE CITY OF AVENTURA; 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 AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN TURNBERRY ISLE MASTER ASSOCIATION AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN THE LANDMARK CLUB CONDOMINIUM ASSOCIATION, INC. AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED POLICE SERVICES AGREEMENT BETWEEN THE CITY OF AVENTURA AND AVENTURA MALL VENTURE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED AMENDMENT NO. 6 TO PROFESSIONAL SERVICES AGREEMENT DATED FEBRUARY 8, 2008 BY AND BETWEEN THE CITY OF AVENTURA AND AMERICAN TRAFFIC SOLUTIONS, LLC; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. I. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, DECLARING EXEMPTION FROM ARTICLE XIIA OF CHAPTER 33, WORKFORCE HOUSING DEVELOPMENT PROGRAM OF THE MIAMI-DADE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 6 Aventura City Commission Meeting Agenda November 7, 2017 J. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-246 FOR PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF YACHT CLUB DRIVE MILLING AND RESURFACING IMPROVEMENTS BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON&ASSOCIATES FOR THE AMOUNT OF$74,210;AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. K. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING AND LETTING A TOWING CONTRACT TO PRESTIGE AUTO TRANSPORT TOWING & RECOVERY, INC. AND A BACKUP TOWING CONTRACT TO DOWNTOWN TOWING COMPANY; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. L. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT TO GARLAND/DBS INCORPORATED, FOR THE RE-ROOFING FOR THE ELEMENTARY WING OF THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR THE INDIVIDUAL BID PRICE CONTAINED IN ATTACHED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACT IN ATTACHED EXHIBIT "B"; 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. 7. ORDINANCES - FIRST READING/PUBLIC HEARINGS: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2016-13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2016/2017 FISCAL YEAR BY REVISING THE 2016/2017 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE;AND PROVIDING FOR AN EFFECTIVE DATE. 8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 36 "RETIREMENT," ARTICLE II "POLICE PENSION PLAN AND TRUST FUND," IN ACCORDANCE WITH CHANGES CONTAINED IN THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY AND THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION FOR THE PERIOD OCTOBER 1,2016 THROUGH SEPTEMBER 30,2019;BY AMENDING SECTION 36-22 "DEFINITIONS"; BY AMENDING SECTION 36-26 "SERVICE RETIREMENT BENEFIT"TO REVISE RETIREMENT CRITERIA;BY ADDING SECTION 36-35 "DEFERRED RETIREMENT OPTION PROGRAM"; BY ADDING SECTION 36-38 "DEFINED CONTRIBUTION PLAN"; BY ADDING SECTION 36-39 "USE OF PREMIUM TAX REVENUES"; PROVIDING FOR Page 3 of 6 Aventura City Commission Meeting Agenda November 7, 2017 REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. B. The quasi-judicial procedures shall be invoked for this item: 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. C. The quasi-judicial procedures shall be invoked for this item. 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. 9. 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. RESOLUTIONS—PUBLIC HEARINGS: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,APPROVING A SIGN VARIANCE FOR THE TOTAL WINE&MORE LIQUOR PACKAGE STORE ON THE COMMERCIAL PLAZA TENANT SPACE AT 19925 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA MODIFYING RESOLUTION NO. 2006-62 BY EXTENDING THE TIME TO OBTAIN A BUILDING PERMIT FOR 7 YEARS; BY REVISING THE LEGAL DESCRIPTION OF LAND SUBJECT TO THE CONDITIONAL USE APPROVAL TO DELETE A 2 ACRE PARCEL CONVEYED TO THE CITY AND Page 4 of 6 Aventura City Commission Meeting Agenda November 7, 2017 TO INCLUDE A 2 ACRE PARCEL REZONED BY SEPARATE ORDINANCE;BY DELETING REFERENCE TO SPECIFIC SITE DEVELOPMENT PLANS; AND BY RECONFIRMING THE APPROVAL OF A PARCEL SIZE OF 13.715 ACRES, RECONFIRMING THE APPROVAL OF RESIDENTIAL USES WITH A MAXIMUM DENSITY OF 35 DWELLING UNITS PER ACRE,OR A MAXIMUM OF 480 UNITS, AND RECONFIRMING APPROVAL OF INCREASED HEIGHT WITH A MAXIMUM OF 25 STORIES OR 259 FEET; ALL FOR A PARCEL OF LAND ON THE NORTH SIDE OF NE 213 STREET BETWEEN BISCAYNE BOULEVARD AND NE 34 AVENUE, CITY OF AVENTURA, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" TO THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE A MODIFICATION OF A DECLARATION OF RESTRICTIONS IN LIEU OF UNITY OF TITLE AND TO EXECUTE A RELEASE OF A DECLARATION OF RESTRICTIVE COVENANT IN THE FORMS ATTACHED TO THIS RESOLUTION, CONCERNING PROPERTY OWNED BY GULFSTREAM PARK RACING ASSOCIATION INC., LOCATED ON THE NORTH SIDE OF NE 213 STREET, CITY OF AVENTURA, MIAMI-DADE COUNTY,FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. 10. RESOLUTIONS: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPOINTING SUSAN L. GRANT TO SERVE AS THE NEXT CITY MANAGER FOR THE CITY OF AVENTURA;APPROVING AN EMPLOYMENT AGREEMENT BETWEEN SUSAN L. GRANT AND THE CITY OF AVENTURA ATTACHED AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHED EMPLOYMENT AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. 11. REPORTS 12. PUBLIC COMMENTS 13. OTHER BUSINESS: None 14. ADJOURNMENT FUTURE MEETINGS* COMMISSION MEETING—NOVEMBER 16,2017 AT 9 AM EXECUTIVE CONFERENCE ROOM(5'H FLOOR) REGULAR COMMISSION WORKSHOP—NOVEMBER 16,2017 FOLLOWING 9 AM MEETING EXECUTIVE CONFERENCE ROOM(5'H FLOOR) REGULAR COMMISSION MEETING—JANUARY 9,2018 AT 6 PM COMMISSION CHAMBER REGULAR COMMISSION WORKSHOP—JANUARY 18,2018 AT 9 AM EXECUTIVE CONFERENCE ROOM(5'H FLOOR) Page 5 of 6 Aventura City Commission Meeting Agenda November 7, 2017 *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 6 of 6 The City of CITY COMMISSION REGULAR MEETING MINUTES Aventura Government Center A y �ea•� 19200 W.Country Club Drive �Y�� �Jl �.1 OCTOBER 3, 2017 Aventura. Florida 33180 1111 6:00 P.M. 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6:00 p.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Howard Weinberg, Commissioner Denise Landman, 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. 2. PLEDGE OF ALLEGIANCE: The Pledge was led by Mayor Weisman. A moment of silence was observed to reflect on the mass shooting tragedy in Las Vegas, as well as the dire situation as a result of Hurricane Maria in Puerto Rico. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: • Recognitions for Hurricane Irma Assistance: Mayor Weisman recognized Mr. Soroka as well as those Department Directors that were instrumental in the hurricane preparation and recovery efforts in the City. Mayor Weisman presented Aletha Player, Aventura resident and Area Manager for Florida Power & Light Company (FPL), with a proclamation in recognition of her assistance in the recovery efforts in restoring power to those affected within the community. Recognition certificates were also presented to those in the community that provided invaluable efforts and appreciated assistance to the City and the Police Department preceding, during, and subsequent to Hurricane Irma. • Employee Service Awards: Mr. Soroka presented Chief Bryan Pegues with a recognition certificate and a token of appreciation for the completion of 20 years of service with the City. 5. CONSENT AGENDA: There were no requests from the public to address the Commission. Commissioner Narotsky requested that Item F on the Consent Agenda be removed. A motion to approve the remaining items on the Consent Agenda was offered by Commissioner Shelley, seconded by Commissioner Landman, and passed unanimously by roll call vote. The following action was taken: Aventura City Commission Meeting Minutes October 3, 2017 A. Minutes were approved as follows: • September 5, 2017 Commissioner Meeting (First Budget Hearing) • September 5, 2017 Commission Regular Meeting • September 13, 2017 Commission Meeting (Second Budget Hearing) • September 14, 2017 Commission Workshop Meeting B. Motion was approved as follows: MOTION TO RATIFY THE CITY MANAGER'S REAPPOINTMENT OF RAQUEL ROTHMAN, ESQ. AND BARBARA BUXTON, ESQ. AS SPECIAL MASTERS FOR THE CITY OF AVENTURA CODE ENFORCEMENT PROCESS. C. Resolution No. 2017-49 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A MEMORANDUM OF UNDERSTANDING AMENDING THE COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY AND THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION FOR THE PERIOD OCTOBER 1, 2016 THROUGH SEPTEMBER 30, 2019; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. D. Resolution No. 2017-50 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO CHANGE ORDER NUMBER 1 FOR THE NE 213" STREET SEAWALL RESTORATION PROJECT BY AND BETWEEN THE CITY AND JONES BENITEZ CORPORATION; 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 CHANGE ORDER; AND PROVIDING FOR AN EFFECTIVE DATE. E. Motion was approved as follows: CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL MOTION TO ACCEPT AVENTURA CITY OF EXCELLENCE SCHOOL OUT- OF-FIELD WAIVERS AS OUTLINED IN THE CITY MANAGER'S MEMORANDUM DATED SEPTEMBER 28,2017 Item F: Mr. Wolpin read the following Resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ADOPTING THE CITY OF AVENTURA 2018 LEGISLATIVE PROGRAM AND PRIORITIES ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO Page 2 of 7 Aventura City Commission Meeting Minutes October 3, 2017 TAKE NECESSARY ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to approve the Resolution (adopting the items of the Legislative Program, excluding Item #9) was offered by Commissioner Shelley and seconded by Commissioner Dr. Marks. No comments were provided by the public. The motion for approval of the Resolution (excluding item #9) passed unanimously, by roll call vote. Commissioner Narotsky recused himself from voting on Item #9 of the Legislative Program due to a conflict and left the meeting.' A motion to approve the Resolution (as to solely the portion adopting Item #9 of the Legislative Program) was offered by Vice Mayor Weinberg and seconded by Commissioner Landman. Vice Mayor Weinberg explained Item #9 (Amend Safe Harbor provisions — Fla. Stat. 718.116(1)(b) condos and 720.3085(2)(c) HOAs - to increase the liability of qualified lending institutions to the lesser of twenty four months of past due assessments or two percent of the original mortgage in the event of a foreclosure plus recovery of reasonable attorney fees). No comments were provided by the public. The motion for approval of the Resolution (Item #9) passed unanimously by roll call vote and Resolution No. 2017-51 was adopted. Commissioner Narotsky returned to the meeting. 6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: Mr. Wolpin reviewed the quasi-judicial procedures and read the following Resolution by title: RESOLUTION—PUBLIC HEARING: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE ESTABLISHMENT OF A LIQUOR PACKAGE STORE LOCATED IN THE COMMERICAL PLAZA TENANT SPACE AT 19925 BISCAYNE BOULEVARD, CITY OF AVENTURA, NOTWITHSTANDING THE SPACING AND DISTANCE REQUIREMENTS FOR THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES REGULATED BY SECTION 4-2(a) AND SECTION 4-2(b) OF THE CITY CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Mrs. Horvath administered the oath to all those wishing to offer testimony. The Memorandum of Voting Conflict(Form 86)for Commissioner Narotsky is attached to the minutes as required. Page 3 of 7 Aventura City Commission Meeting Minutes October 3, 2017 A motion for approval of the Resolution was offered by Commissioner Shelley and seconded by Commissioner Narotsky. 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 (Fine Wine & Spirits, LLC dba Total Wine & More): Alicia Lewis, Esq. and Joseph Geller, Esq.2 (Greenspoon Marder, 200 East Broward Boulevard, Suite 1800, Fort Lauderdale). Mr. Wolpin explained the Jennings Rule, as well as the City's Ordinance addressing ex- parte communications. The following disclosed ex-parte communications: Commissioner Dr. Marks, Commissioner Shelley, Mayor Weisman, and Commissioner Landman. Mayor Weisman opened the public hearing. The following members of the public provided comments: Robert Burroughs (Miami). There being no additional comments, the public hearing was closed. The motion for approval of the Resolution passed (6-1) by roll call vote, with Commissioner Dr. Marks voting no, and Resolution No. 2017-52 was adopted. 7. ORDINANCES - FIRST READING — PUBLIC HEARINGS: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 36 "RETIREMENT," ARTICLE II "POLICE PENSION PLAN AND TRUST FUND," IN ACCORDANCE WITH CHANGES CONTAINED IN THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY AND THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION FOR THE PERIOD OCTOBER 1, 2016 THROUGH SEPTEMBER 30, 2019; BY AMENDING SECTION 36-22 "DEFINITIONS"; BY AMENDING SECTION 36-26 "SERVICE RETIREMENT BENEFIT" TO REVISE RETIREMENT CRITERIA; BY ADDING SECTION 36-35 "DEFERRED RETIREMENT OPTION PROGRAM"; BY ADDING SECTION 36-38 "DEFINED CONTRIBUTION PLAN"; BY ADDING SECTION 36-39 "USE OF PREMIUM TAX REVENUES"; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Shelley and seconded by Commissioner Mezrahi. Attorney Brett J. Schneider with the City's law firm (Weiss Serota Helfman Cole & Bierman) reviewed the Ordinance. 2 Mr. Geller was administered the oath and advised to provide a Business Affidavit for the record. Page 4 of 7 Aventura City Commission Meeting Minutes October 3, 2017 Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the Ordinance on first reading passed unanimously, by roll call vote. 8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: Mr. Wolpin read the following ordinance by title: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY CREATING SECTION 31-151 "USES PROHIBITED IN ALL ZONING DISTRICTS", OF ARTICLE VII "USE REGULATIONS" OF CHAPTER 31 "LAND DEVELOPMENT REGULATIONS", REGULATING PROHIBITED USES GENERALLY AND SPECIFICALLY PROHIBITING MEDICAL MARIJUANA DISPENSARIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Mezrahi and seconded by Commissioner Landman. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the Ordinance on second reading passed unanimously, by roll call vote and Ordinance No. 2017-11 was adopted. Mr. Wolpin read the following ordinance by title: B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING CHAPTER 30, "ENVIRONMENT," AT ARTICLE III, "STORMWATER," BY CREATING SECTIONS 30-61 THROUGH 30-67, PROVIDING FOR AN ENHANCED STORMWATER MANAGEMENT SYSTEM, AND SPECIFYING ENVIRONMENTAL AND OTHER REGULATIONS CONCERNING SAID SYSTEM; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Shelley and seconded by Commissioner Dr. Marks. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the Ordinance on second reading passed unanimously, by roll call vote and Ordinance No. 2017-12 was adopted. Mr. Wolpin read the following ordinances by title: Page5 of 7 Aventura City Commission Meeting Minutes October 3, 2017 C. 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. D. 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. A motion to defer both items to the November 7, 2017 Commission Meeting was offered by Commissioner Narotsky, seconded by Commissioner Mezrahi, and passed unanimously, by roll call vote. 9. DISCUSSION AND MOTION TO SELECT APPLICANTS TO BE INTERVIEWED FOR THE CITY MANAGER POSITION: Colin Baenziger, Colin Baenziger & Associates, explained the search process for a City Manager and reviewed the recommended five finalists, from the 54 applicants. A motion to interview Ms. Grant, Mr. Nunemaker, and Mr. Rey was offered by Commissioner Narotsky. The motion died due to the lack of a second. A motion to interview Daniel Alfonso, Jeffrey Brown, Susan Grant, Jason Nunemaker, and Alex Rey was offered by Vice Mayor Weinberg, seconded by Commissioner Shelley, and passed (6-1) by roll call vote, with Commissioner Narotsky voting no. Mr. Baenziger will notify the selected candidates. It was announced that the public Meet and Greet reception would be held on October 11, 2017 and the individual candidate interviews with Commission members would be held on October 12, 2017, followed by a Commission meeting for the Commission to interview the candidates as a group. The following members of the public provided comments: Adrian Aizenstat (21387 Marina Cove Circle, Aventura) and former Aventura Commissioner Luz Weinberg (Miami) Page 6 of 7 Aventura City Commission Meeting Minutes October 3, 2017 10. RESOLUTIONS — PUBLIC HEARINGS: None 11. REPORTS: Commissioner Mezrahi provided a report on her attendance at the Florida League of Cities Conference, as well as the Governor's Latin American Summit. Community Services Advisory Board Member Daniel Naim provided a report on upcoming City events. 12. PUBLIC COMMENTS: No comments were provided by members of the public provided. 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 Narotsky, and unanimously approved; thus adjourning the meeting at 8:04 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Commission on November 7, 2017. Page 7 of 7 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL.COMMISSION,AUTHORITY,OR COMMITTEE Narotsky,Marc E Aventura City Commission MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 19200 W.Country Club Drive WHICH I SERVE ISA UNIT OF'. CITY COUNTY Bon, COUNTY DOTHER LOCAL AGENCY Aventura Miami-Dade NAME OF POLITICAL SUBDIVISION: City of Aventura DATE ON WHICH VOTE OCCURRED MY POSITION IS'. October 3,2017 Q/ ELECTIVE El APPOINTIVE WHO MUST FILE FORM 8B 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 equally to members of advisory and non-advisory bodies 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 close attention to the instructions on this form before completing the reverse side 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 inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal(other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate 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 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 this law, a 'relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from 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 min- utes 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 otherwise may participate 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 file 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 other side) 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 form 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 form 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 Marc E. Narotsky hereby disclose that on October 320 17 (a)A measure came or will come before my agency which(check one) ❑./ 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 loss of by whom I am retained:or inured to the special gain or loss of which is the parent 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: Agenda Item SF - #9 of the 2018 Legislative Program and Priorities List is related to my professional activities as a neutral third party mediator. !---.1-Ce- [4,24 f I 0( Date Filed Signature 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 81E1-EFF.1/2000 PAGE 2 The ,City c f CITY COMMISSION MEETING MINUTES Aventura Government Center e �yea� 19200 W.Country Club Drive �Y`1.•� �Jl (Gl OCTOBER 12, 2017 Aventura. Florida 33180 2:00 P.M. 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 2:00 p.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Howard Weinberg, Commissioner Denise Landman, 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. 2. INTERVIEWS WITH CITY MANAGER CANDIDATE FINALISTS: The Commission discussed whether or not to interview all five of the candidates. A motion to approve narrowing the interviews to the following four candidates: Daniel Alfonso, Susan Gant, Jason Nunemaker, and Alex Rey was offered by Commissioner Shelley, seconded by Commissioner Mezrahi, and passed unanimously by roll call vote. Colin Baenziger, Colin Baenziger & Associates, reviewed the interview process. The Commission interviewed the four candidates in the following order: Daniel Alfonso, Susan Grant, Jason Nunemaker, and Alex Rey. 3. REVIEW, DISCUSSION, AND POSSIBLE ACTION ON SELECTION OF CITY MANAGER: Mayor Weisman reviewed the options available to the Commission. Mayor Weisman opened the meeting to public comments. The following members of the public provided comments: Frida Lapidot (20953 NE 30 Court) and Sandra Kaplan (20335 W. Country Club Drive #2409). There being no further comments, Mayor Weisman closed the item to public comments. The Commission discussed the candidates interviewed. A motion to approve the selection of Susan Grant as the next City Manager, subject to Commission approval of a Contract of Employment between her and the City at the November 7, 2017 Commission Meeting, was offered by Commissioner Shelley, seconded by Commissioner Mezrahi, and passed unanimously by roll call vote. It was the consensus of the Commission for Commissioner Shelley to negotiate the contract with Mrs. Grant, with direction from the Commission. Susan Grant expressed gratitude on her selection as the next City Manager. Aventura City Commission Meeting Minutes October 12, 2017 4. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Shelley, seconded by Commissioner Dr. Marks, and unanimously approved; thus adjourning the meeting at 5:15 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Commission on November 7, 2017. Page 2 of 2 e Cit of CITY COMMISSION City MEETING MINUTES Aventura Government Center 19200 W. Country Club Drive OCTOBER 19, 2017 Aventura, Florida 33180 �:. 9:00 A.M. 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 9:06 a.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Howard Weinberg, Commissioner Denise Landman, 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. 2. CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL MOTION TO ACCEPT AND AUTHORIZE CITY MANAGER TO FILE AVENTURA CITY OF EXCELLENCE CHARTER RENEWAL APPLICATION WITH TIIE MIAMI-DADE COUNTY SCHOOL BOARD Mr. Soroka explained the application due November 9, 2017, to renew the charter for ACES with the Miami-Dade County School Board that expires next year. He reviewed the application process and reviewed highlights of the application, as provided in the agenda. Mayor Weisman opened the public hearing. There being no comments, the public hearing was closed. A motion to accept and authorize the City Manager to file the Aventura City of Excellence Charter Renewal Application with the Miami-Dade County School Board was offered by Commissioner Landman, seconded by Commissioner Dr. Marks, and passed (6-1) by roll call vote, with Mayor Weisman voting no. 3. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Landman, seconded by Commissioner Narotsky, and unanimously approved; thus adjourning the meeting at 9:15 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Commission on November 7, 2017. Commissioner Shelley participated in the meeting via telephone. The City of CITY COMMISSION y eye WORKSHOP MEETING MINUTES Aventura Government Center �Y ����Jl OCTOBER 19, 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 9:15 a.m. The following were present: Mayor Enid Weisman, Vice Mayor Howard Weinberg, Commissioner Denise Landman, 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. 1. FOUNDERS DAY UPDATE (City Manager): Community Services Department Director Kimberly Merchant reported on details of the upcoming Founders Day program (November 5, 2017). City Manager Summary: This item was provided for informational purposes. 2. AMENDMENT TO AMERICAN TRAFFIC SOLUTIONS AGREEMENT (City Manager): Mr. Soroka explained the request from ATS to amend their Agreement with the City for a traffic camera safety program, which expires April 1, 2018. Orlando Torres, American Traffic Solutions, LLC, explained the following requested amendments: five-year renewal at this time in exchange for a lower price per camera, enhanced video services, upgraded cameras, and the option to utilize license plate readers in the future. The annual savings is $72,000 per year. The following members of the public provided comments: Bonnie Lotterman City Manager Summary: It was the consensus of the City Commission for a Resolution to be placed on the November Commission Meeting Agenda approving the amendments as discussed. 3. 2018 MEETING SCHEDULE (City Manager): Mr. Soroka reviewed the tentative schedule for the 2018 Commission meetings. City Manager Summary: It was the consensus of the City Commission to accept the Meeting Schedule, with the following changes: February Workshop Meeting — February 22, 2018, June Commission Meeting — June 12, 2018, July Commission Meeting July 10, 2018, and September Commission Meeting remaining on September 4, 2018. 4. ANNUAL SELECTION OF REPRESENTATIVE TO THE MIAMI-DADE COUNTY LEAGUE OF CITIES (City Manager): Mr. Soroka requested that the Commission provide the annual selection of a representative to the Miami-Dade County League of Cities, which is currently Vice Mayor Weinberg. Commissioner Shelley participated in the meeting via telephone until after discussion of the City Manager's contract. Aventura City Commission Workshop Meeting Minutes—October 19, 2017 City Manager Summary: It was the consensus of the City Commission for Vice Mayor Weinberg to continue serving as the City's representative. The following item was taken out of order, by consensus of the Commission: 7. UPDATE — CITY MANAGER CONTRACT (Commissioner Shelley): Commissioner Shelley reviewed the contract negotiated with the selected new City Manager, Susan Grant. After review and discussion, it was the consensus of the Commission that the following revisions be discussed with Mrs. Grant: • Section 1.7 — revise to condition the provision of four weeks of vacation leave upon Commission approval at a six-month performance review, with the additional two weeks to be provided subsequently. • Section 1.12 - revise the first sentence to enable reduction of the City Manager's pay and benefits in the event that the Commission declares a condition of financial urgency for the City. • Section 1.13 - revise to require paid receipts for the moving expense reimbursement. • Section 2.3 - revise the first sentence to state that the City Manager position is a full time salaried, exempt managerial position under FLSA. City Manager Summary: It was the consensus of the City Commission for Commissioner Shelley to review the items as discussed with Mrs. Grant and to provide the newly negotiated contract on the November Commission Meeting Agenda. 5. PROPOSED CHARTER REVISIONS (City Attorney): Mr. Wolpin reviewed the draft Ordinance language for the proposed Charter revision amending limitations on lengths of service for Commissioners, as well as calling for a Special Election in November 2018. The Commission discussed further clarifying the language. The following members of the public provided comments: Evan Ross The Commission discussed holding the Special Election in August 2018, in lieu of November 2018, due to the expected size of the ballot in November. City Manager Summary: It was the consensus of the Commission for Mr. Wolpin to provide draft language at the November Workshop meeting for further clarification as discussed and to provide for the Special Election to be held in August 2018 in lieu of November 2018, provided the cost is the same. Page 2 of 3 Aventura City Commission Workshop Meeting Minutes—October 19, 2017 6. HEALTH INSURANCE INFORMATION UPDATE (City Manager): As directed by the Commission at the prior Workshop, Mr. Soroka provided information on the cost for Commission members and their eligible dependents to participate in the City's group health insurance plan. City Manager Summary: It was the consensus of the Commission for a Resolution to be placed on the November agenda allowing members of the Commission and their eligible dependents to participate in the City's group health insurance plan, with applicable premiums to be paid by those elected officials who participate. 8. CITY CLERK REVIEW: After discussion and review by the Commission, Commissioner Dr. Marks suggested a 5% annual performance bonus for Mrs. Horvath. City Manager Summary: It was the consensus of the Commission to provide Mrs. Horvath with a 5% annual performance bonus. The following additional items were discussed: The Commission requested that the following items be placed on the November Workshop Meeting agenda for discussion: annual cost of living and extending the season for the splash pad at the park. The annual Commission Ethics Training Session was scheduled for November 16, 2017 (11 a.m. — 3 p.m.), following the Workshop Meeting. The Commission discussed Mr. Soroka's upcoming retirement. It was the consensus of the Commission for the City to fund an event in January 2018. 9. ADJOURNMENT: There being no further business to come before the Commission, the meeting was adjourned by consensus at 12:22 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Commission on November 7, 2017. Page 3 of 3 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORAN• M TO: City Commission FROM: Eric M. Soroka, ICMA-CM, City tier DATE: October 31, 2017 SUBJECT: Resolution Declaring Equipmentlus November 7, 2017 City Commission Meeting Agenda Item (OF) 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 Commissioner Howard Weinberg Mayor Enid Weisman City of Aventura Resolution No. 2017- PASSED AND ADOPTED this 7th day of November, 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 COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: Eric M. Soroka, City Manager c -C FROM: Kimberly Merchant, Director of ommu ity Services DATE: October 25, 2017 SUBJECT: Surplus Property I would like to have the below listed items, owned by the City of Aventura, declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection 5, Page 1, as these items have become inadequate for public purposes: (4) Hussey Bleachers with Maxam seating model • Dimensions: 70"I X 198"w X 79"h CITY OF AVENTURA INFORMATION TECHNOLOGY DEPARTMENT ORANDUM TO: Eric M. Soroka, Ci 4:r Ger FROM: Karen J. Lanke, for . . Technology Director DATE: November 1, 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. Please let me know if you have any questions regarding this request. Attachment City of Aventura Computer Equipment Inventory Exhibit A Brand Model ' _ Qty Serial Number 1 _ Type Del _ _ 1707FPt GN-0YG613-71818-68N-A05X Monitor Del 1707FPI _ CN-OYG613-71616-68N-AH1W Monitor Del - 17OBFPt CN-0KU789-71616-74A-GBQG Monitor _Del 1909Wb NA Monitor Del Latitude 7404 FGDLNVI _ Laptop Del Latitude D610 27BQWB1 Laptop Del Latitude 0610 _. _ 45BQWB1 Laptop Del Latitude D630 6WJOWD1 Laptop Del Latitude D630 - GF5HF51 Laptop Del _ Latitude E6403 3Y3KKV1 Laptop _ Del Latitude E6410 3454SM1 Laptop Del _ Latitude E6420 _ 82G3GS1 Laptop Del _ _ Latitude E6430 ' _ 2HYQRVI Laptop Del _ Latitude E6430 _ _ 7BH3G51 Laptop Del _ Latitude E6430 BV3KKV1 Laptop Del Latitude E6430 FT3KKV1 Laptop Del Optiplex 7010 _ 1COPW1 Desktop Del Optiplex 7010 I COPVVI Desktop Del _ Optiplex 7010 5452BY1 Desktop Del _ Optiplex 7010 5454BY1 Desktop Del --Optiplex 7010. 5462BY1 Desktop Del Optplex 7010 GQKZ9Y1 Desktop Del Optiplex 790 1GIQW1 Desktop Del _ Optiplex 790 D5HM1 R1 _ I Desktop Del Optiplex 790 D5JY1 R1 Desktop Del P19138 CN-ODTOPH-74261-38E-4BAM Monitor Del _ P19138 CN-ODTOPH-74261-38E-4E4M Monitor _ Del -- P19136 _ CN-ODW711-71823-25C-1087 Monitor HPDesklet 6940 SG82J11027 Printer 600 _ HP Of,ceJet8210 CN69ODTOBD Printer HP OfliReJ4t0210 CNfi9NATOBD Printer Zebra - RW420 - � _- NA Pnnter _ Zebra --- _ RW420 _ _ XXRCJ105000105 Printer Box with power cables. mice,keyboards,soundbars and misc.cables. 11/112017 Page 1 oil CITY OF AVENTURA PUBLIC WORKS/TRANSPORATION DEPARTMENT MEMORANDA TO: Eric M. Soroka, City Manager, I M FROM: Joseph S. Kroll, Director of P ,•lic . 's/Transportation DATE: November 2, 2017 SUBJECT: Surplus Property I am requesting to have the following City property listed below declared as surplus property, as this item has outlived its useful life and has become unusable for department use. HON 4 Drawer File Cabinet JSK/gf JSK17013 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM, Cin ger DATE: October 20, 2017 SUBJECT: Resolution Authorizing Electe icials to Participate in the City's and Group Health Insurance Plan November 7, 2017 City Commission Meeting Agenda Item As discussed and directed at the October Workshop Meeting, attached is a Resolution authorizing elected officials to participate in the City's Group Health Insurance Plan with all applicable insurance premiums to be paid solely by those elected officials who participate in the plan. If you have any questions, please feel free to contact me. EMS/act Attachment CC01719-17 RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING ELECTED OFFICIALS OF THE CITY OF AVENTURA TO PARTICIPATE IN THE CITY'S GROUP HEALTH INSURANCE PLAN, WITH ALL APPLICABLE INSURANCE PREMIUMS TO BE PAID SOLELY BY THOSE ELECTED OFFICIALS WHO PARTICIPATE; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission desires to authorize each member of the City Commission (the "City Elected Officials") to have an opportunity to join the City's Group Health Insurance Plan (the "Group Health Plan"), subject to the condition that any elected official who joins the Group Health Plan must personally pay all insurance premiums and coverage deductibles attributable for such Elected Official and their eligible dependents; and WHEREAS, the City Commission finds that this Resolution conforms with applicable law, enhances the health, safety and welfare, and is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals Adopted. The above-stated recitals are hereby confirmed and adopted. Section 2. Participation. Each Elected Official may join and participate in the Group Health Plan, for his or her own personal coverage, and, if desired, for his or her eligible dependent coverage, and may remain in the Group Health Plan for so long as such Elected Official serves on the City Commission. However, each participating Elected Official shall be solely responsible for the full payment of all insurance premiums and coverage deductibles which are applicable to his or her individual and dependent coverage. Participation in the Group Health Plan shall be subject to the requirements of this Resolution, as amended from time to time, applicable law, the City of Aventura Resolution No. 2017- terms of the Group Health Plan insurance policy, and implementation protocols established by the City Manager. Section 3. Implementation. A. The City Manager is hereby authorized to take any action which is necessary to implement this Resolution, including, but not limited to, establishing implementation protocols, amending the Group Health Plan insurance policy contract to revise the group description, and other measures. B. The City Manager is authorized to enable participating Elected Officials to pay a portion of their applicable insurance premiums by payroll deduction from City compensation which is otherwise payable from the City to the Elected Official pursuant to City Charter Section 2.06. Further, the City Manager may provide for the above described payroll deductions from compensation to be made and processed as pre-tax dollars to the extent authorized by applicable federal law and Internal Revenue Service Code provisions, so long as no cost is incurred by the City in so doing. Section 4. Effective Date. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Mayor Enid Weisman Page 2 of 3 City of Aventura Resolution No. 2017- PASSED AND ADOPTED this 7th day of November, 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 3 of 3 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORAND TO: City Commission FROM: Eric M. Soroka, ICMA-CM, City - - r DATE: October 31, 2017 SUBJECT: Traffic Control Jurisdiction Agree erraces North at Turnberry November 7, 2017 City Commission Meeting Agenda Item (0 RECOMMENDATION It is recommended that the City Commission authorize the execution of the attached Traffic Control Jurisdiction Agreement with Terraces North at Turnberry to provide traffic control jurisdiction by our Police Department over the private roads adjacent to the subject property. The Agreement will increase the visibility of the police force and enhance traffic enforcement. BACKGROUND As previously discussed, the Police Department is in the process of updating the Traffic Control Jurisdiction Agreement with the various communities in the City. The original Agreement was entered into in 1998/99. In our continued efforts to provide improved police services to the community, we have initiated a program in the past that allows a condominium or homeowners associations to enter into an Agreement with the City to provide traffic control jurisdiction over a private roadway within the development. This permits the Police Department to conduct traffic enforcement activities on private property at the request of the owner. Florida State Statute 316.006 allows municipalities to enter into such agreements provided they are reimbursed for the actual costs of traffic control and enforcement, the owner agrees to indemnify the City and provide liability insurance. The City will bill the owner the cost for each officer required to perform the traffic enforcement detail when requested by the owner. Whenever possible, traffic complaints made by the occupants of the property will be responded to and handled as a call for service, without charge to the owner. Memo to City Commission Page 2 The program has been received well by the community. If you have any questions, please feel free to contact me. EMS/act Attachment CC01719-17 RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN TERRACES NORTH AT TURNBERRY AND THE CITY OF AVENTURA; 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 to execute the attached Traffic Control Jurisdiction Agreement between Terraces North at Turnberry and the City of Aventura. Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Mayor Enid Weisman City of Aventura Resolution No. 2017- PASSED AND ADOPTED this 7'h day of November, 2017. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 TRAFFIC CONTROL JURISDICTION AGREEMENT Ina THIS �' THIS AGREEMENT is made and entered into this��'day of UG U s'T. 2017_ by and between kn c\c s 1Uo . c\T 1G6T NFIFRR`( (the "Owner") and the City of Aventura, Florida, a Florida municipal corporation (the "City"). RECITALS A. Owner owns fee simple title to all the private roadways within the area described as follows: I EiktkNO43o. kN-t (\�UR118q�RR�lf1�\ ��tR 1 C , `AUNTRY 1.. um hck k)e kr(Lk 33186 of Dade County, Florida, and commonly known as (the "Private Roads"). B. Owner desires the City to exercise traffic control jurisdiction over the Private Roads, and the City desires to exercise such traffic control jurisdiction, pursuant to Florida State Statutes 316.006. NOW, THEREFORE, for Ten and No/I00 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and City agree as follows: 1. Recitals. The foregoing Recitals are true and correct and are incorporated herein by this reference. • 2. Traffic Control Jurisdiction Services. The City agrees to exercise traffic control jurisdiction over the Private Roads in accordance with the following terms and conditions. (a) The City shall provide for Police Officers of its Police Department to patrol, by motor vehicle, the Private Roads, in accordance with the schedule and manpower indicated on Exhibit"A°attached hereto, subject to availability. .(b) In exercising such traffic control jurisdiction, the City shall enforce the traffic laws generally applicable to streets and highways under the City's original jurisdiction which are similar in nature to the Private Roads. (c) The City's exercise of traffic control jurisdiction pursuant to this Agreement shall be in addition to the jurisdictional authority presently exercised by the City over the Private Roads under law, and nothing herein shall be construed to limit or remove any such jurisdictional authority, the City agreeing to continue to provide such other police services as are otherwise provided under law. (d) In addition to exercising traffic control jurisdiction over the Private Roads as indicated on Exhibit "A", the City shall be entitled to exercise traffic control jurisdiction, even when not requested by Owner; provided, however, the City shall not be entitled to any compensation from Owner pursuant to Paragraph 3 below for exercising such discretionary additional traffic control jurisdiction, although the City shall be entitled to retain all revenues from traffic citations issued by the City for violations of traffic laws along the Private Roads, in accordance with law. 2 • • (e) Nothing in this Agreement shall require, authorize, or permit the City to exercise any control or responsibility concerning the installation or maintenance of traffic control devices. 3. Compensation. Owner shall compensate the City only for the services performed by the City under this Agreement at the rate indicated on Exhibit"B°attached hereto. So as to assure full reimbursement for costs incurred by the City, as determined by the City, on the 15th day of each month, the City shall invoice Owner for services provided in the prior month. In addition, the City shall be entitled to retain all revenues from traffic citations issued by the City for violation of traffic laws along the Private Roads as provided by law. This shall not preclude the assessment of impact fees or other fees provided by law. 4. Liability Not Increased. Neither the existence of this Agreement nor anything contained herein shall give rise to any greater liability on the part of the City than the City would ordinarily be subjected to when providing its normal police services as routinely provided throughout the City. 5. Term. The term of this Agreement shall be one (1) year commencing on the date hereof and ending one (1) year following the date hereof. This Agreement shall thereafter automatically renew for successive one (1) year terms, unless terminated by either party upon written notice to the other party, given at least thirty(30) days prior to the expiration of the then-applicable one (1)year term. 6. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof and may not be 3 changed, altered, or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. 7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any litigation between the parties for any controversy arising from or related to this Agreement shall be in the 11"' Judicial Circuit in and for Miami-Dade County, Florida. The parties hereby voluntarily waive any right to trial by jury for any litigation between the parties which arises out of this Agreement or the provision of law enforcement services to Owner hereunder. 8. Indemnification and Insurance. Owner agrees to defend, indemnify and hold the City harmless from any claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed or recovered against or from the City by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is incidental to or in any way connected with this Agreement, and regardless of whether such claim, demand,suit, loss, damage, cost or expense is caused in whole or in part by City's negligence, or by the negligence of City's agents, servants or employees. In support, but not in limitation of this indemnification provision, Owner hereby agrees to maintain and pay all premiums for a policy of comprehensive general liability insurance in an amount of not less then. $300,000 combined single limit Insurance covering any occurrence on or adjacent to the Private Roads described above, resulting in property damage or bodily injury or death to person or persons. Such insurance policy shall name the City and City's officers, agents and employees as additional insured with respect to traffic control or enforcement of the Private Roads and 4 • shall provide for thirty (30) days' prior written notice of any cancellation or change in scope or amount of coverage of such policy. Owner shall furnish City with a Certificate of Insurance evidencing compliance with the provisions of this section. EXECUTED as of the date first above written in several counterparts, each of which shall be deemed an original, but all constituting one Agreement. Signed, sealedand delivered OWNER: n0presence of: —lilt TE\xRnces�e.INV 1t tISE Qy MDS O r.r.0.V Kin-ay mak) , TA%S . 4 ,"},.X CETT1E S.BODN.N B �. -Na•Slate oI FIor101 y • ComN.ebn IFFp 15. '.. / I ,�i."'"'" '`. BO'C.iam.E.gna FF 218573 2010 NNtlmItIto y1MoilNflyMm. • CITY OF AVENTURA, a Florida Municipal corporation ATTEST: By Eric M. Soroka, ICMA-CM City Clerk City Manager i Approved as to Legal Sufficiency: City Attorney 5 Exhibit A Patrol When possible, Aventura Police Officers will patrol the private roads of Terraces of Turnberry - on a random basis 24 hours per day. Whenever possible, Traffic complaints made by occupants of the property, will be responded to and handled as a call for service, without charge to the Owner. Traffic complaints that require extended patrol, where the cost of service will be billed to the Owner, will only be conducted with prior approval of the Owner. When requested by the Owner to perform specific traffic enforcement duties, the Owner will be billed in Accordance with Exhibit B. 6 Exhibit B Compensation The City will bill the Owner the current off duty rates as set forth in the existing PBA contract for requested off duty traffic enforcement details. A minimum employment period of three hours will be guaranteed per requested assignment. 6 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORAND TO: City Commission FROM: Eric M. Soroka, ICMA-CM, Ci .er DATE: October 31, 2017 SUBJECT: Traffic Control Jurisdiction A, t— Turnberry Isle Master Association November 7, 2017 City Commission Meeting Agenda Item Ile RECOMMENDATION It is recommended that the City Commission authorize the execution of the attached Traffic Control Jurisdiction Agreement with Turnberry Isle Master Association to provide traffic control jurisdiction by our Police Department over the private roads adjacent to the subject property. The Agreement will increase the visibility of the police force and enhance traffic enforcement. BACKGROUND As previously discussed, the Police Department is in the process of updating the Traffic Control Jurisdiction Agreement with the various communities in the City. The original Agreement was entered into in 1998/99. In our continued efforts to provide improved police services to the community, we have initiated a program in the past that allows a condominium or homeowners associations to enter into an Agreement with the City to provide traffic control jurisdiction over a private roadway within the development. This permits the Police Department to conduct traffic enforcement activities on private property at the request of the owner. Florida State Statute 316.006 allows municipalities to enter into such agreements provided they are reimbursed for the actual costs of traffic control and enforcement, the owner agrees to indemnify the City and provide liability insurance. The City will bill the owner the cost for each officer required to perform the traffic enforcement detail when requested by the owner. Whenever possible, traffic complaints made by the occupants of the property will be responded to and handled as a call for service, without charge to the owner. Memo to City Commission Page 2 The program has been received well by the community. If you have any questions, please feel free to contact me. EMS/act Attachment CC01720-17 RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN TURNBERRY ISLE MASTER ASSOCIATION AND THE CITY OF AVENTURA; 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 to execute the attached Traffic Control Jurisdiction Agreement between Turnberry Isle Master Association and the City of Aventura. Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Mayor Enid Weisman City of Aventura Resolution No. 2017- PASSED AND ADOPTED this 7t11 day of November, 2017. END WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 tr TRAFFIC CONTROL JURISDICTION AGREEMENT � '� THIS AGREEMENT is made and entered into this, day of 6Gr1Ctxr . 2017_ by and between —17,rrbcfyIS � /c Mef ia�)or (the "Owner") and the City of Aventura,ntFlorida, a Florida municipal corporation (the "City"). RECITALS A. Owner owns fee simple title to all the private roadways within the area described as follows: Tr-r cr> pc, nnS\d 2 i'W . of Dade County, Florida, and commonly known as (the "Private Roads"). B. Owner desires the City to exercise traffic control jurisdiction over the Private Roads, and the City desires to exercise such traffic control jurisdiction, pursuant to Florida State Statutes 316.006. NOW, THEREFORE, for Ten and Nofl00 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and City agree as follows: 1. Recitals. The foregoing Recitals are true and correct and are incorporated herein by this reference. 2. Traffic Control Jurisdiction Services. The City agrees to exercise traffic control jurisdiction over the Private Roads in accordance with the following terms and conditions. (a) The City shall provide for Police Officers of its Police Department to patrol, by motor vehicle, the Private Roads, in accordance with the schedule and manpower indicated on Exhibit "A'attached hereto, subject to availability. (b) In exercising such traffic control jurisdiction, the City shall enforce the traffic laws generally applicable to streets and highways under the City's original jurisdiction which are similar in nature to the Private Roads. (c) The City's exercise of traffic control jurisdiction pursuant to this Agreement shall be in addition to the jurisdictional authority presently exercised by the City over the Private Roads under law, and nothing herein shall be construed to limit or remove any such jurisdictional authority, the City agreeing to continue to provide such other police services as are otherwise provided under law. (d) In addition to exercising traffic control jurisdiction over the Private Roads as indicated on Exhibit "A°, the City shall be entitled to exercise traffic control jurisdiction, even when not requested by Owner; provided, however, the City shall not be entitled to any compensation from Owner pursuant to Paragraph 3 below for exercising such discretionary additional traffic control jurisdiction, although the City shall be entitled to retain all revenues from traffic citations issued by the City for violations of traffic laws along the Private Roads, In accordance with law. 2 (a) Nothing in this Agreement shall require, authorize, or permit the City to exercise any control or responsibility concerning the installation or maintenance of traffic control devices. 3. Compensation. Owner shall compensate the City only for the services performed by the City under this Agreement at the rate indicated on Exhibit"B" attached hereto. So as to assure full reimbursement for costs incurred by the City, as determined by the City, on the 15"' day of each month, the City shall invoice Owner for services provided in the prior month. In addition, the City shall be entitled to retain all revenues from traffic citations issued by the City for violation of traffic laws along the Private Roads as provided by law. This shall not preclude the assessment of impact fees or other fees provided by law. 4. Liability Not Increased. Neither the existence of this Agreement nor anything contained herein shall give rise to any greater liability on the part of the City than the City would ordinarily be subjected to when providing its normal police services as routinely provided throughout the City. 5. Term. The term of this Agreement shall be one (1) year commencing on the date hereof and ending one (1) year following the date hereof. This Agreement shall thereafter automatically renew for successive one (1) year terms, unless terminated by either party upon written notice to the other party, given at least thirty(30) days prior to the expiration of the then-applicable one(1)year term. 6. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof and may not be 3 changed, altered, or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. 7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any litigation between the parties for any controversy arising from or related to this Agreement shall be in the 11"' Judicial Circuit in and for Miami-Dade County, Florida. The parties hereby voluntarily waive any right to trial by jury for any litigation between the parties which arises out of this Agreement or the provision of law enforcement services to Owner hereunder. 8. Indemnification and Insurance. Owner agrees to defend, indemnify and hold the City harmless from any claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed or recovered against or from the City by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is incidental to or in any way connected with this Agreement, and regardless of whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or in part by City's negligence, or by the negligence of City's agents, servants or employees. In support, but not in limitation of this indemnification provision, Owner hereby agrees to maintain and pay all premiums for a policy of comprehensive general liability insurance in an amount of not less then $300,000 combined single limit insurance covering any occurrence on or adjacent to the Private Roads described above, resulting in property damage or bodily injury or death to person or persons. Such insurance policy shall name the City and City's officers, agents and employees as additional insured with respect to traffic control or enforcement of the Private Roads and 4 shall provide for thirty (30) days' prior written notice of any cancellation or change in scope or amount of coverage of such policy. Owner shall furnish City with a Certificate of Insurance evidencing compliance with the provisions of this section. EXECUTED as of the date first above written in several counterparts, each of which shall be deemed an original, but all constituting one Agreement. Sign.. ::/eia •eli,= _• OWNER: In ' Amman WS_ ._ i� By I CITY OF A TURA, a Florida Municipal co •'ration ATTEST: By Eric M. Soroka, ICMA-CM City Clerk City Manager Approved as to Legal Sufficiency: City Attorney 5 �1 Exhibit A Patrol — rvJWhen possible, Aventura Police Officers will patrol the private roads of I 1, crR7t),—/14575L-(16( on a random basis 24 hours per day. Whenever possible, Traffic complaints made by occupants of the property, will be responded to and handled as a call for service, without charge to the Owner. Traffic complaints that require extended patrol, where the cost of service will be billed to the Owner, will only be conducted with prior approval of the Owner. When requested by the Owner to perform specific traffic enforcement duties, the Owner will be billed in Accordance with Exhibit B. 6 Exhibit B Compensation The City will bill the Owner the current off duty rates as set forth in the existing PBA contract for requested off duty traffic enforcement details. A minimum employment period of three hours will be guaranteed per requested assignment. • 6 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORAND TO: City Commission FROM: Eric M. Soroka, ICMA-CM, City na r DATE: October 31, 2017 SUBJECT: Traffic Control Jurisdiction Agree nt—The Landmark Club Condominium November 7, 2017 City Commission Meeting Agenda Item bF RECOMMENDATION It is recommended that the City Commission authorize the execution of the attached Traffic Control Jurisdiction Agreement with The Landmark Club Condominium to provide traffic control jurisdiction by our Police Department over the private roads adjacent to the subject property. The Agreement will increase the visibility of the police force and enhance traffic enforcement. BACKGROUND As previously discussed, the Police Department is in the process of updating the Traffic Control Jurisdiction Agreement with the various communities in the City. The original Agreement was entered into in 1998/99. In our continued efforts to provide improved police services to the community, we have initiated a program in the past that allows a condominium or homeowners associations to enter into an Agreement with the City to provide traffic control jurisdiction over a private roadway within the development. This permits the Police Department to conduct traffic enforcement activities on private property at the request of the owner. Florida State Statute 316.006 allows municipalities to enter into such agreements provided they are reimbursed for the actual costs of traffic control and enforcement, the owner agrees to indemnify the City and provide liability insurance. The City will bill the owner the cost for each officer required to perform the traffic enforcement detail when requested by the owner. Whenever possible, traffic complaints made by the occupants of the property will be responded to and handled as a call for service, without charge to the owner. Memo to City Commission Page 2 The program has been received well by the community. If you have any questions, please feel free to contact me. EMS/act Attachment cC01721-17 RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN THE LANDMARK CLUB CONDOMINIUM ASSOCIATION, INC. AND THE CITY OF AVENTURA; 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 to execute the attached Traffic Control Jurisdiction Agreement between The Landmark Club Condominium Association, Inc. and the City of Aventura. Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Mayor Enid Weisman City of Aventura Resolution No. 2017- PASSED AND ADOPTED this 7th day of November, 2017. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 • . TRAFFIC CONTROL JURISDICTION AGREEMENT THIS AGREEMENT is made and entered into this:tl6day of On 06LK . 2017_ SAL by and between-1"V ARtf.. r ,N r neMorrt\r1l.w.M ,s1(.lall5.1 (the "Owner") and the City of Aventura, Florida, a Florida municipal corporation (the "City"). RECITALS A. Owner owns fee simple title to all the private roadways within the area described as follows: 2 n (16�, N.Ptcc CO ,ti.rc•?../ rt :)Q ‘_. ) F of Dade County, Florida, and commonly known as LA r )tv QV. C till S.W./Vs (the "Private Roads"). B. Owner desires the City to exercise traffic control jurisdiction over the Private Roads, and the City desires to exercise such traffic control jurisdiction, pursuant to Florida State Statutes 316.006. NOW, THEREFORE, for Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and City agree as follows: 1. Recitals. The foregoing Recitals are true and correct and are incorporated herein by this reference. 2. Traffic Control Jurisdiction Services. The City agrees to exercise traffic control jurisdiction over the Private Roads in accordance with the following terms and conditions. (a) The City shall provide for Police Officers of its Police Department to patrol, by motor vehicle, the Private Roads, in accordance with the schedule and manpower indicated on Exhibit"A" attached hereto, subject to availability. (b) In exercising such traffic control jurisdiction, the City shall enforce the traffic laws generally applicable to streets and highways under the City's original jurisdiction which are similar in nature to the Private Roads. (c) The City's exercise of traffic control jurisdiction pursuant to this Agreement shall be in addition to the jurisdictional authority presently exercised by the City over the Private Roads under law, and nothing herein shall be construed to limit or remove any such jurisdictional authority, the City agreeing to continue to provide such other police services as are otherwise provided under law. (d) In addition to exercising traffic control jurisdiction over the Private Roads as indicated on Exhibit "A", the City shall be entitled to exercise traffic control jurisdiction, even when not requested by Owner; provided, however, the City shall not be entitled to any compensation from Owner pursuant to Paragraph 3 below for exercising such discretionary additional traffic control jurisdiction, although the City shall be entitled to retain all revenues from traffic citations issued by the City for violations of traffic laws along the Private Roads, in accordance with law. (e) Nothing in this Agreement shall require, authorize, or permit the City to exercise any control or responsibility concerning the installation or maintenance of traffic control devices. 3. Compensation. Owner shall compensate the City only for the services performed by the City under this Agreement at the rate indicated on Exhibit "B" attached hereto. So as to assure full reimbursement for costs incurred by the City, as determined by the City, on the 151h day of each month, the City shall invoice Owner for services provided in the prior month. In addition, the City shall be entitled to retain all revenues from traffic citations issued by the City for violation of traffic laws along the Private Roads as provided by law. This shall not preclude the assessment of impact fees or other fees provided by law. 4. Liability Not Increased. Neither the existence of this Agreement nor anything contained herein shall give rise to any greater liability on the part of the City than the City would ordinarily be subjected to when providing its normal police services as routinely provided throughout the City. 5. Term. The term of this Agreement shall be one (1) year commencing on the date hereof and ending one (1) year following the date hereof. This Agreement shall thereafter automatically renew for successive one (1) year terms, unless terminated by either party upon written notice to the other party, given at least thirty (30) days prior to the expiration of the then-applicable one (1) year term. 6. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof and may not be changed, altered, or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. 7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any litigation between the parties for any controversy arising from or related to this Agreement shall be in the 111h 2 Judicial Circuit in and for Miami-Dade County, Florida. The parties hereby voluntarily waive any right to trial by jury for any litigation between the parties which arises out of this Agreement or the provision of law enforcement services to Owner hereunder. 8. Indemnification and Insurance. Owner agrees to defend, indemnify and hold the City harmless from any claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed or recovered against or from the City by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is incidental to or in any way connected with this Agreement, and regardless of whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or in part by City's negligence, or by the negligence of City's agents, servants or employees. In support, but not in limitation of this indemnification provision, Owner hereby agrees to maintain and pay all premiums for a policy of comprehensive general liability insurance in an amount of not less then $300,000 combined single limit insurance covering any occurrence on or adjacent to the Private Roads described above, resulting in property damage or bodily injury or death to person or persons. Such insurance policy shall name the City and City's officers, agents and employees as additional insured with respect to traffic control or enforcement of the Private Roads and shall provide for thirty (30) days' prior written notice of any cancellation or change in scope or amount of coverage of such policy. Owner shall furnish City with a Certificate of Insurance evidencing compliance with the provisions of this section. EXECUTED as of the date first above written in several counterparts, each of which shall be deemed an original, but all constituting one Agreement. Signed, sealed and delivered OWNER:fj In the presence of: ti n01CcQ-( w ed-,7 c MA. Avh Y°",� ,'\J� �('�/BT�,�.j.� By�i vAI JCA 1 0)� ANITA NONIO Nary MOW -SNledimr10e Commission I Ff MOO MyCo mm.Wires Apr 12,2020 CITY OF AVENTURA, a Florida Municipal corporation ATTEST: By Eric M. Soroka, ICMA-CM City Clerk City Manager Approved as to Legal Sufficiency: 3 City Attorney 4 Exhibit A Patrol When possible, Aventura Police Officers will patrol the private roads of 2 o\C � . C O u'1� �� �l� �1F - on a random basis 24 hours per day. Whenever possible, Traffic complaints made by occupants of the property, will be responded to and handled as a call for service, without charge to the Owner. Traffic complaints that require extended patrol, where the cost of service will be billed to the Owner, will only be conducted with prior approval of the Owner. When requested by the Owner to perform specific traffic enforcement duties, the Owner will be billed in Accordance with Exhibit B. 5 Exhibit B Compensation The City will bill the Owner the current off duty rates as set forth in the existing PBA contract for requested off duty traffic enforcement details. A minimum employment period of three hours will be guaranteed per requested assignment. 6 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka ICMA-CM, C'-• ana.er DATE: October 19, 2017 SUBJECT: Revised Police Services Agreem- t With Aventura/ Mall November 7, 2017 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the attached Agreement with Aventura Mall for Police Services. The Agreement replaces the one entered into in 2010. The Agreement increases the number of full-time police officers / supervisors stationed on the Mall premises from thirteen (13) to seventeen (17) to address the expansion of the Mall and increased service calls. The Agreement addresses security improvements, which are mutually beneficial to the Mall and the residents of the City. BACKGROUND Based on the expansion of the Mall and a review of service calls, the City and representatives of the Mall began discussions to expand the police services and update the current Police Services Agreement. Attached is the new Agreement that both parties finalized this month. The major change was an increase in the number of fulltime police officers /supervisors to seventeen (17). The major points are as follows: 1. The City will continue to absorb the costs of two supervisors and one and one-half police officers. 2. The Mall will pay to the City $1,227,420 annually for the services provided. This amounts to offsetting the cost of 13.5 officers. The cost per officer is $90,920 per year. The payment is subject to annual CPI increases. 3. The Agreement provides for a minimum number of hours that the City is required to provide police services to the Mall based on the schedule Memo to City Commission Page 2 attached to the Agreement and normal time off for the officers. The Mall can deduct the deficient hours against their payments. 4. Off-duty police officers will be provided on an as-needed basis based on the request of the Mall. 5. The Agreement is for five years with automatic one-year renewals unless either party cancels three months prior to the expiration of the term. Based on ongoing discussions between the parties, the budget anticipated the additional officers to meet the requirements of the Agreement and therefore no revisions are necessary. I would like to take this opportunity to thank and commend the Mall representatives and owners for their cooperation and mutual concern for the safety of the Mall patrons and police service needs of the community. If you have any questions, please feel free to contact me. EMS/aca Attachment cc01716-17 RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED POLICE SERVICES AGREEMENT BETWEEN THE CITY OF AVENTURA AND AVENTURA MALL VENTURE; 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 to execute the attached Police Services Agreement between the City of Aventura and Aventura Mall Venture. Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Mayor Enid Weisman City of Aventura Resolution No. 2017-_ PASSED AND ADOPTED this 7th day of November, 2017. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 POLICE SERVICES AGREEMENT THIS AGREEMENT (this "Agreement") is effective as of the day of_, 2017 (the "Effective Date") by and between the CITY OF AVENTURA, FLORIDA, a Florida municipality ("CITY") and AVENTURA MALL VENTURE, a Florida general partnership ("OWNER"). WHEREAS, OWNER is the owner and operator of the Aventura MALL (the "MALL") which constitutes the largest retail shopping facility within the CITY and within the region, and provides more than 2.8 million square feet of retail space; and WHEREAS, the volume and intensity of retail activities at the MALL creates special police and law enforcement demands; and WHEREAS, OWNER wishes to help offset CITY'S costs which result from the provision of law enforcement services at the MALL; and WHEREAS, the City Commission finds that this Agreement constitutes a public purpose in providing police services and a tool to offset a portion of the cost of CITY'S law enforcement services required by the MALL; and WHEREAS, OWNER and CITY have previously entered into a Police Services Agreement dated January 12, 2010 providing for Police Services at the MALL (the "Prior Agreement"); and WHEREAS, simultaneous with the execution of this Agreement, the Prior Agreement will terminate and except as otherwise expressly provided in Section IX herein, shall be of no further force and effect. THE PARTIES HERETO DO COVENANT AND AGREE, AS FOLLOWS: Section I. Incorooration of Recitals. The foregoing recitals are hereby incorporated herein and made a part hereof by this reference. Section II. Provision of Law Enforcement Services. A. On Duty MALL Zone Patrol. At a minimum, CITY shall provide the services of a total of fifteen (15.5) on-duty, full time law enforcement officers (individually, and collectively, the "Officers") for purposes of primarily enhancing security and police response times at the MALL and avoiding unnecessary interruptions of regular CITY police patrols. In addition to the Officers, CITY shall provide at its cost, two (2) full time supervisors, with Rank of Sergeant or above, which supervisors shall be stationed at the MALL (except for"roll-call" and occasional administrative duties) to oversee the Officers (collectively, "Supervisors" and together with (Revised 10.27.17) Officers, sometimes hereinafter collectively referred to as "Personnel'). Subject to the provisions of Paragraph C below, OWNER shall be responsible to pay for CITY's cost of providing the equivalent of thirteen and one half (131/2) full time Officers at the MALL and CITY shall be responsible for the cost of providing the equivalent of two (2) full time Officers plus the cost of the Supervisors at the MALL. For purposes of this Agreement, the term "full time shall mean a forty (40) hour work week with two (2) weeks paid vacation and one (1) week of sick time. All Personnel shall work at the MALL exclusively during the shift hours and in the locations specified on Exhibit "A"t attached hereto and made a part hereof(the "Schedule"), plus 30 hours of additional time to be used during the Holiday Season as later defined (the "Unallocated Time") and in no event shall Personnel be permitted to charge hours to the MALL when simultaneously working for other MALL tenants or occupants. Scheduled Personnel shall at all times during shift hours be situated in their required patrol locations in such a manner so as to ensure maximum visibility and exposure to MALL patrons. Scheduled Personnel may only be re-directed by CITY from the MALL on account of, and for so long as is reasonably necessary during the pendency of, an exigent circumstance as directed by the on duty supervisor after considering the availability of police personnel, with the intent of providing to the Mall the best coverage possible. In such circumstances, Mall will be notified of personnel's departure from Mall Personnel shall use their best efforts to be highly visible. In no event may scheduled shift hours be modified unless consented to by MALL in writing and, if applicable, the City Manager and/or the Chief of Police as provided in Paragraph G below. B. Personnel assigned to the MALL contract are on "regular duty status". As such, they should actively patrol the MALL property as they would a normal zone patrol. They should be proactive and high profile in their patrols. Supervisors should ensure that all scheduled patrols are met and assigned officers to zone patrol are done so in agreement and coordination with MALL security and management. C. Supervisor will communicate to MALL when individual officers begin their shift at the MALL and when they end their shift I Personnel shall be deployed in an attempt to provide coverage to the areas identified in Exhibit"B" utilizing community policy techniques and recognizing that the changing and ongoing demands associated with police work may require officers to respond to additional/different locations in the Mall. The parties recognize that coverage proposed in Exhibit"B"may have to be changed from time to time and also may require posts in area to address specific needs. Officers working interior portions of MALL shall park their vehicles in highly visible locations to be determined by the parties. 2 (Revised 10.27.17) or when they leave the MALL as contemplated by Section II (a) above. At all times they are on duty, a supervisor and/or at least one officer in supervisor's absence, will carry and monitor a Mall radio. D. Administration of Work. Supervisors shall submit to the MALL's designated representative ("MALL Management") a written roster of the names of Personnel assigned to work at the MALL and shall e-mail each day to MALL Management a daily log stating the actual hours worked by Personnel by location. CITY will preserve all CAD reports relating to Aventura Mall for at least four (4) years and shall make same available for MALL if requested. Any changes made to the Personnel roster shall promptly be reported to MALL Management. Supervisors shall be at the MALL during the hours specified on the Schedule and shall be responsible to meet weekly, or as needed, with MALL Management and Security to discuss security and any other matters related to the performance and administration of this Agreement. CITY will use its best efforts to assign Supervisors to the MALL for periods of not less than one (1) year intervals. Additionally, whenever scheduled Personnel are absent, CITY shall find replacement Personnel, selected and paid for by CITY to cover such duties. Both CITY and OWNER agree it is essential for Supervisors to have a good working relationship with OWNER. Should any problems arise regarding supervision and/or Personnel, the Police Chief and MALL Management will promptly meet to address any such issues. E. Payment Subject to adjustment as hereinafter provided, OWNER shall pay to CITY, based on a Ninety Thousand Nine Hundred Twenty and No/100 Dollars $90,920.00 per annum salary for each of the thirteen and one half (13 Vi) Officers, the annual sum of One Million Two Hundred Twenty Seven Thousand and Four Hundred and Twenty Dollars ($1,227,420) payable in arrears, in equal monthly installments, for each year of this Agreement ("Payment"). Payment together with CITY's obligation to pay for the cost of certain of the Officers and Supervisors as set forth above, represent a total annual (October to September) commitment by CITY to provide a minimum of 26,460 hours of law enforcement personnel to the MALL net of vacation time (the "Total Annual Hours Requirement") as more particularly shown on Exhibit "A_1" attached hereto. Subject to the terms of Paragraph F below, OWNER shall be entitled to a credit equal to $43.71 for each hour of service not provided to MALL by CITY (the "Hourly Credit") in any given calendar year, which is below the Total Annual Flours Requirement. Notwithstanding the foregoing, OWNER's obligation 3 (Revised 10.27.17) to commence making the full monthly payments shall not commence until CITY has commenced to provide the services of the fifteen (15.5) officers constituting the Officers and the Supervisors in accordance with the terms of this Agreement. The Payment and the Hourly Credit shall be subject to annual Consumer Price Index (CPI) increases/decreases in October of each year beginning on October 1, 2018 Payment shall be inclusive of and shall not reduce or offset any applicable ad valorem taxes, normal CITY revenues, impact fees and any other fees as provided by law. CITY represents that no sales tax is due on Payment. However, if sales tax does become due and payable, then CITY shall indemnify OWNER for any such sales tax due which indemnity shall survive the expiration or earlier termination of this Agreement. F. Off Duty. Subject to CITY law enforcement personnel and resource limitations, CITY shall provide off duty law enforcement officers ("Off-Duty Officers") for private duty details to MALL on an as needed basis upon the request of OWNER. OWNER hereby agrees to provide CITY as much notice as possible in the event the services of Off-Duty Officers are needed. OWNER shall pay to CITY the prevailing off duty police officer rate per hour as established by CITY and in accordance with any future increases to said rate for all off duty officers. CITY will make its best efforts to staff and supply requested off-duty work either directly or through Mutual-Aid agreements. If unable to fulfill requested off duty requests, OWNER shall have the right to hire other appropriate law enforcement personnel. G. City Personnel. Personnel shall at all times be and remain employees of CITY. CITY will pay and be solely responsible for any and all compensation and benefits due and owing to Personnel, including, without limitation, all employer contributions, employer provided benefits, provide appropriate workers compensation coverage, and all required employer payroll taxes and withholdings as levied by the appropriate authorities. CITY shall provide for all administration of the Personnel. Accordingly, CITY agrees to indemnify OWNER from any employer liability or obligations, which are referenced in this Paragraph (E), which indemnity shall survive the expiration or earlier termination of this Agreement. H. Record Maintenance. Audit and Reconciliation. CITY shall be responsible for maintaining and providing to OWNER on a daily basis, within three (3) business days of such day, a true and complete daily accounting of all hours worked by all Personnel at the MALL for the preceding day together with any such other 4 (Revised 10.27.17) information as OWNER may reasonably request (the "Police Hours Report"). OWNER shall then prepare a monthly report comparing actual hours of all Personnel worked as set forth in the Police Hours Report against the scheduled hours of all Personnel for each such month and additionally identify if MALL's records disagree with the Police Hours Report (each, a "Monthly Report"). OWNER shall provide CITY with a copy of each Monthly Report and if not objected to by CITY in writing within ten (10) business days after delivery to CITY, each such Monthly Report shall be deemed final and binding. On or before November 15 of each calendar year during the Term of this Agreement(the"Initial Reconciliation"), OWNER shall total the hours worked by all Personnel based on the Monthly Reports prepared to date for such calendar year through October 31, and to the extent OWNER determines that CITY has not provided sufficient hours based on the Schedule plus the Unallocated Time to meet the Total Annual Hours Requirement by December 31 of such year (the "Anticipated Deficiency Hours"), CITY may elect to (i) allow OWNER to offset the Anticipated Deficiency Hours multiplied by the Hourly Credit amount from the December payment to be made in January and the ensuing monthly payments to the extent necessary to allow OWNER to fully offset such deficiency and/or (ii) provide additional Personnel to be paid for by CITY during the Holiday Season at such locations and during such hours as CITY and OWNER mutually agree. No later than thirty (30) days following the expiration of each calendar year during the Term hereof, a final reconciliation of the previous year's time of Personnel provided to the MALL based on the Monthly Reports provided for such year shall be totaled (the "Actual Time") and to the extent of any difference between the Total Annual Hours Requirement and the Actual Time after giving effect to any offsets and additional hours worked as a result of the Initial Reconciliation (the "Deficiency Hours"), OWNER shall be entitled to offset from the December payment to be made in January and the ensuing monthly payments to the extent necessary an amount equal to the Deficiency Hours multiplied by the Hourly Credit amount. It shall be CITY's responsibility to monitor and self-audit all aspects of its Personnel's performance and to ensure that all Personnel are properly performing their duties required by this Agreement. The provisions of this paragraph shall survive the expiration or earlier termination of this Agreement. In the event of any partial year of this Agreement, all adjustments shall be subject to pro rata adjustment. I. Manpower Revisions Any deviations from the scheduled manpower requirements established in this Agreement as set forth on the Schedule shall be subject to the written approval of the City 5 (Revised 10.27.17) Manager or his designee and OWNER. CITY shall be responsible at its sole cost and expense for any over-time costs for Personnel and for any time required by the Personnel to attend any and all legal proceedings and to otherwise fulfill its staffing obligations under this Agreement. However, this shall not impair any liability of OWNER pursuant to City Code Section 18-80 concerning Police Cost Recovery. J. Annual Review Police law enforcement needs for the MALL shall be evaluated semi-annually by CITY and OWNER in order to discuss if any changes are necessary to improve security at the MALL. The first evaluation shall take place six months after the Effective Date. Section III. Term of Agreement. This Agreement shall be in full force and effect for a period commencing on the Effective Date hereof and expiring five (5) years thereafter ("Term"), and shall thereafter be subject to automatic one (1) year renewals unless either party gives written notice of termination at least three (3) months prior to the then expiration of this Agreement. Section IV. Cooperation. A. OWNER and CITY shall use their best efforts to cooperate with each other in connection with the performance of this Agreement. B. OWNER shall continue in the ordinary course of its business practices to provide routine private security guard services for the safety of patrons and for protection of property and prevention of theft, at OWNER's sole cost and expense. Nothing in this Agreement shall serve to create or relieve OWNER of any responsibility or liability imposed, directly or indirectly, by any applicable law to provide any such security services. Additionally, any arrangements made by OWNER or merchants at the MALL for additional off-duty law enforcement services shall be independent of this Agreement. C. Other than the provision of the allocated police presence which is provided pursuant to this Agreement, OWNER recognizes that this Agreement does not impose any special duty upon CITY, and recognizes that CITY shall provide law enforcement services to the MALL on the same basis that CITY provides such services throughout the City. This paragraph (C) shall not be construed to impair any applicable indemnification provisions as provided pursuant to Section VII below. 6 (Revised 10.27.17) Section V. Default. A. OWNER Event of Default. Without limitation, failure by OWNER to substantially fulfill any of its material obligations in accordance with this Agreement, unless such failures are justified by force majeure, shall constitute an "OWNER Event of Default". If an OWNER Event of Default should occur, CITY shall have all of the following rights and remedies, which it may exercise singly or in combination: 1. In addition to all rights and remedies provided under Florida law, the right to declare that this Agreement, together with all rights granted to OWNER hereunder, terminated, effective upon such date as is designated by CITY, provided OWNER fails to cure such default within a period of thirty (30) days after receipt of written notice from CITY of such default (or longer period, provided that (1) the nature of the default is such that it cannot be cured in a period of thirty (30) days from the date of the default; (2) OWNER shall commence good faith efforts to cure such default no later than thirty (30) days after such notice, and (3) such efforts are prosecuted to completion, to CITY's reasonable satisfaction). 2. The right to terminate this Agreement, effective on such date designated by CITY, in the event OWNER shall be in breach of any of the terms or provisions of this Agreement on two (2) or more occasions during any consecutive twelve (12) month period, notwithstanding OWNER's right to cure. B. CITY Event of Default. Without limitation, the failure by CITY to substantially fulfill any of its material obligations in accordance with this Agreement, unless such failures are justified by force majeure, shall constitute a "CITY Event of Default". If a CITY Event of Default should occur, OWNER shall have the following rights and remedies, which it may exercise singly or in combination: 1. In addition to all rights and remedies provided under Florida law, the right to declare that this Agreement, together with all rights granted to CITY hereunder, terminated, effective upon such date as is designated by the OWNER, provided CITY fails to cure such default within a period of thirty (30) days after receipt of written notice from OWNER of such default (or longer period, provided that (1) the nature 7 (Revised 10.27.17) of the default is such that it cannot be cured in a period of thirty (30) days from the date of the default; (2) CITY shall commence good faith efforts to cure such default no later than thirty (30) days after such notice, and (3) such efforts are prosecuted to completion, to OWNER's reasonable satisfaction). 2. The right to terminate this Agreement, effective on such date designated by OWNER, in the event CITY shall be in breach of any of the terms or provisions of this Agreement on two (2) or more occasions during any consecutive twelve (12) month period, notwithstanding CITY's right to cure. Section VI. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The parties agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement. Venue for any court action between the parties for any such controversy arising from or related to this Agreement shall be in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida. The parties hereby voluntarily waive the right to trial by jury in any such proceedings. Section VII. Indemnity. A. Subject to the specific monetary limits provided by Section 768.28(5), F.S., and the additional monetary limits of any applicable insurance policy maintained by OWNER. OWNER shall indemnify, defend and hold harmless CITY and its affiliates, and their respective members, managers, officers, directors, employees and agents (collectively the "City Indemnified Parties") from and against any and all losses, claims, damages, expenses (including reasonable attorneys' fees) and liabilities incurred or paid by any of the City Indemnified Parties in connection with the investigation, defense, prosecution, settlement or appeal of any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, and to which any of City Indemnified Parties was or is a party or is threatened to be made a party by reason of or arising out of, and solely to the extent the same arises out of, the negligence or willful misconduct of OWNER or any of OWNER's partners, officers, employees, agents or contractors solely in connection with this Agreement. B. Subject to the specific monetary limits of Sec. 768.28(5), F.S., and the additional monetary limits of any applicable insurance policy maintained by CITY, CITY shall indemnify, defend and hold harmless OWNER and its affiliates, and their respective partners, 8 (Revised 10.27.17) shareholders, members, managers, officers, directors, employees and agents (collectively the "Owner Indemnified Parties") from and against any and all losses, claims, damages, expenses (including reasonable attorneys' fees) and liabilities incurred or paid by any of Owner Indemnified Parties in connection with the investigation, defense, prosecution, settlement or appeal of any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, and to which any of the Owner Indemnified Parties was or is a party or is threatened to be made a party by reason of or arising out of, and solely to the extent the same arises out of, the negligence or willful misconduct of CITY or any of its officers, employees, agents or contractors solely in connection with this Agreement. C. Except when the additional monetary limits of any applicable insurance policy maintained by CITY, or OWNER respectively, is applicable pursuant to Paragraphs (A) or (B) above, the obligations provided by Paragraphs (A) and (B) shall be subject to the monetary limits of Sec. 768.28(5), F.S., regardless of whether said Sec. 768.28(5), F.S., monetary limits would apply in the absence of this paragraph. Section VIII. Entirety of Agreement. This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this Agreement, and that this Agreement contains the entire Agreement between the parties as to the matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that this Agreement may be modified, altered or amended only by written agreement duly executed by both parties hereto or their authorized representatives. The City Manager shall act for the CITY hereunder. Section IX. Termination of Prior Agreement. Upon the Effective Date the Prior Agreement shall terminate and be of no further force and effect, and OWNER and CITY shall be relieved from all obligations thereunder accruing after the Effective Date. This shall not release either party from an obligation under the Prior Agreement for any claim or damage which occurred prior to the Effective Date. Section X. Headings. Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. 9 (Revised 10.27.17) Section Xl. Rights of Others. Nothing in this Agreement expressed or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. There shall be no third party beneficiaries. Section XII. Waiver. There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular rights so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. Section XIII. Invalidity of Provisions. Severability. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement, provided that the material purposes of this Agreement can be determined and effectuated. Section XIV. Notice. Notices to CITY provided for herein shall be sufficient if sent by Federal Express or certified mail, return receipt requested, postage prepaid, addressed to City Manager at 19200 West County Club Drive,Aventura, Florida 33180, and notice to OWNER, if sent by Federal Express or certified mail, return receipt requested, postage prepaid addressed to Oscar Pacheco at 19501 Biscayne Blvd., Suite 400, Aventura, Florida 33180 or such other respective address as the parties may designate to each other in writing from time to time. Section XV. Force Maieure. Neither party hereto shall be liable for its failure to carry out its obligations under this Agreement during any period when such party is rendered unable, in whole or in part, by force majeure to carry out such obligations, but the obligations of the party relying on such force majeure ("Relying Party") shall be suspended only during the continuance of any inability so caused and for no longer than the period of said unexpected or uncontrollable event, and such cause, so far as possible, shall be remedied with all reasonable dispatch. It is further agreed that the obligations of the party not relying on such force majeure ("Nonrelying Party") shall also be suspended during the period of time in which the Relying Party is unable to carry out its obligations under the terms of this Agreement pursuant to such force majeure. It is further agreed and stipulated that the right of any party hereto to excuse its failure to perform by reason of force majeure shall be conditioned upon such party giving the other party, written notice of its assertion that a force majeure delay has commenced within ten (10)working days after such commencement, unless there exists good cause for failure to give such notice, in which event, failure to give such notice shall not prejudice any party's right to justify any non-performance as caused by 10 (Revised 10.27.17) force majeure unless the failure to give timely notice causes material prejudice to the other party. It is further agreed and stipulated that each party hereto shall make its best efforts to carry out its obligations under this Agreement during any period when such party is rendered unable, in whole or in part, by force majeure to carry out such obligations. This Agreement is entered into on the date first written above. CITY OF AVENTURA, a Florida municipality By: Eric M. Soroka CITY MANAGER Attest: Ellisa Horvath, MMC CITY CLERK Approved as to form: CITY ATTORNEY AVENTURA MALL VENTURE, a Florida general partnership Witnessed by: By: Print Name: Title: Witnessed by: Print Name: 11 (Revised 10.27.17) APD REGULAR OPERATION STAFFING Aventura Mall Police Squad Regular Operations Staffing MON TUE WED THU FRI Sat SUN Total Rank/Name Time Zone Assignment(s) Hours I Sergeant 10.00 _ 10.00 10.00 10 00 40.00 2 Sergeant10.00 10 00 10.00 10.00 40.00 1 Officer 10am - 8pm 10.00 10.00 10 00 10.00 40.00 2 Officer 10.00 10 00 10 00 10.00 40.00 3 Officer 10.00 10.00 10.00 10.00 40.00 4 Officer 10.00 10.00 10 00 10.00 40.00 5 Officer 10am -8pm 10 00 10 00 10 00 10.00 40 00 6 Officer 10.00 10.00 - 10.00 10.00 , 40.00 7 Officer 10.00 10 00 10.00 10.00 40.00 8 Officer 10.00 10 00 10 00 10.00 40.00 9 Officer 10.00 10.00 10.00 10.00 40.00 10 Officer 10.00 10.00 10.00 10.00 40.00 11 Officer 10.00 10.00 10.00 10.00 40 00 12 Officer 10.00 10.00 10.00 10.00 40.00 13 Officer 10.00 10.00 10 00 10 00 40.00 14 Officer 10.00 10.00 10.00 10.00 40.00 15 Officer 10.00 10.00 10 00 10.00 40.00 16 Officer 10.00 10.00 20.00 Supervisors 1 1 2 1 1 1 1 80.00 Officers 8 8 8 9 10 10 9 620.00 Total ON 9 9 10 10 11 11 10 700.00 beb+er m x F. q POLICE DEPLOYMENT Zones Monday Tuesday Interior Patrol loam-8pm loam-8pm Interior Patrol 2pm-I2am 2pm- 12am Zones 10:20.30 2pm- I2am 2pin- 12am Zones 61,3I 2pm- I2am 2pm- 12am Zones 2pm- I2am 2pm- 12am Zones 13.23.33 2pm- I2am 2pm- 12am Zones 40.41.42.43,44 2pm- 12am 2pm- I2am Zones 50.51.52.53.54 2pm- 12am 2pm- I2am Supervisor 2pm-12am 2pm- I2am Totals I Sup/8 Officers I Sup/8 Officers Zones Wednesday Thursday Interior Patrol 10am-8pm 10am-8pm Zones 2pm-12am 2pm- 12am Zones 2pm- 12am 2pm- 12am Zones 2pm- I 2am 2pm- I2am Zones 13.23.33 2pm-12am 2pm- 12am Zones 40.41.42, 2pm- 12am 2pm- 12am Zones 43.44 2pm- 12am 2pm- 12am Zone 50.51.52,53,54 2pm- 12am 2pm- I2am Supervisor/Interior Patrol 2pm-I2am 2pm- I 2am Supervisor 2pm-12am 2pm- I2am Total 2 Sup/8 Officers 1 Sup/9 Officers Zones Friday Saturday Interior Patrol I Oam-8pm 10am-8pm Zones 10.20..30 2pm- 12am 2pm- I2am Zones 1].21..31 2pm- I2am 2pm- I2am Zones El 2pm- I 2am 2pm- 12am Zones 13,23.33 2pm- 12am 2pm- 12am Zones 40,41,42 2pm- I2am 2pm- I2am Zones 43,44 2pm- I2am 2pm-12am Zone 50.51.52,53.54 2pm- I2am 2pm- I 2am Interior Patrol 4pm-2am 4pm-2am Interior Patrol 4pm-2am 4pm-2am Supervisor 2pm- I2am 2pm-I2am Total 1 Sup/10 Officers 2 Sup/l0 Officers Zones Sunday Interior Patrol I Oam-8pm Zones 10,20,30 2pm- I2am Zonest,_,1 i.21 31 2ptn- I2am Zones M 2pm- I2am Zones 13.23.33 2pm- I2am Zones 40,41.42 2pm- 12am Zones 43,44 2pm- I2am Zones 50.51 2pm- I2am Zones 52.53.54 2pm- 12am Supervisor 2pm- I2am Total I Sup/9 Officers EXHIBIT I ..B" CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka ICMA-CM, City Manager DATE: October 19, 2017 SUBJECT: Amendment to American Traffic Solutions, LLC Professional Services Agreement November 7, 2017 City Commission Meeting Agenda Item '(Q-L'1 RECOMMENDATION It is recommended that the City Commission adopt the attatched Resolution amending the Professional Services Agreement with American Traffic Solutions. BACKGROUND The Agreement with American Traffic Solutions (ATS) expires April 1, 2018. ATS provides services relative to the City's Intersection Safety Program. ATS has requested a five-year renewal at this time in exchange for a lower price per camera, enhanced video services, upgraded cameras and the option to utilize license plate readers. The fee change will result in an annual savings of$72,000 per year. If you have any questions, please feel free to contact me. EMS/aca Attachment CCo1717-17 RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED AMENDMENT NO. 6 TO PROFESSIONAL SERVICES AGREEMENT DATED FEBRUARY 8, 2008 BY AND BETWEEN THE CITY OF AVENTURA AND AMERICAN TRAFFIC SOLUTIONS, LLC; 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: Section 1. The City Manager is hereby authorized to execute and otherwise enter into the attached Amendment No. 6 to Professional Services Agreement dated February 8, 2008 by and between the City of Aventura and American Traffic Solutions, LLC. Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Mayor Enid Weisman City of Aventura Resolution No. 2017- PASSED AND ADOPTED this 7th day of November, 2017. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 AMENDMENT NO.6 TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. 6 (the "Amendment") to the Professional Services Agreement is made by and between the City of Aventura ("City")and American Traffic Solutions, LLC., a Delaware Limited Liability Company, with its principal offices at 1550 N. Alma School Road, Mesa, Arizona 85201 CATS" or "Vendor") (individually, a "Party"; collectively, the "Parties), and is effective as of the _ day of , 2017 (the "Effective Date"). The Professional Services Agreement and any prior amendments thereto are collectively referred to as the"Agreement." RECITALS WHEREAS, on or about February 8, 2008, the City and Vendor entered into a Professional Services Agreement, which was amended on or about September 1, 2009, July 1, 2010, May 7, 2013, June 20, 2013, and November 7, 2014, (herein, the"Agreement")whereby the City and Vendor agreed to the provision of Vendor services to the City in connection with a Traffic Camera Safety Program, subject to the terms and conditions stated in the Agreement;and WHEREAS, City and Vendor mutually desire to extend the term of the Agreement, modify the fee structure for current services, and add enhanced services to the Agreement. TERMS AND CONDITIONS NOW THEREFORE,City and Vendor hereby agree as set forth below: 1. The execution of this Amendment shall serve as written notice by the City to Vendor, pursuant to Section 2.0. Term. of the Agreement, to extend the Agreement for an additional five(5) year term beyond the current term pursuant to tents of Section 2.0 of the Agreement. Notwithstanding anything in the Agreement to the contrary, the parties agree the"Start Date" of this additional five (5) year term shall be May 7, 2018. The remaining renewal terms and conditions in Section 2.0 Term. of the Agreement shall remain unchanged, except any future renewal terms must be mutually acceptable to each party as indicated in writing. 2. Section 1.0 of Exhibit F of the Agreement is hereby modified to change the price per camera per month from a lane-based pricing structure to a flat monthly fee of$4,250 per camera per month for any camera installed prior to the effective date of this Amendment and $4,750 per camera per month for any camera installed subsequent to the effective date of this Amendment. However, the pricing for 1 or 2 lane sites remains unchanged and the same as stated in Section 1.0 of Exhibit F of the Agreement prior to the effective date of this Amendment. The certified mail processing surcharge also remains unchanged. 3. Option For Enhanced Video Services. Upon the granting of all necessary approvals and permits, for which City agrees to obtain directly or assist Vendor in obtaining, Vendor agrees to make available to City such video system enhancements that permit City to perform remote video retrieval and video streaming for the Camera Systems installed as of the effective date of this Amendment—should City provide Vendor with written notice of its desire to implement such enhancements. In such event, fees shall be as indicated below, which are not included in the flat monthly service fee set forth in Section 1.0 of Exhibit F of the Agreement. Vendor shall make the system enhancements to allow for ATS Live to be available to City at Vendor's expense, except that City shall be responsible for Data Plan Use fees. City understands the standard fee for ATS Live AutoPatrol Add-On System of $1,650 per camera will be waived. ATS Live includes 30 minutes per camera per month at no charge. Each Camera System's allotted amount of minutes can be shared across all systems. For instance, if five (5) Camera Systems are to be equipped with ATS Live, the first 150 minutes to be shared across those five (5) Camera Systems every month will be free of charge to the City. If more than 150 minutes is 1 used per month then each additional block of 30 minutes to be shared across all Camera Systems will cost the City$30 per block. 4. The parties agree that the Enhanced Video Services shall be subject to the following provisions: i. Historical video is stored at the Camera site for a time period of at least 30 days pursuant to the City's direction to retain the video for the period specified in the State of Florida General Records Schedule GS1-SL, Item Number 302, after which time the video is overwritten. ii. Requested video files pursuant to the Enhanced Video Services will be available for City download within 1 business day of request and will be available for retrieval for 30 days, consistent with State of Florida General Records Schedule GS1-SL, Item Number 302. Hi. City acknowledges that once it obtains a requested video file, it is responsible for any preservation, and associated storage requirements that may be required by law for said video file. Consistent with Section 5 of this Amendment below, City agrees that since the requested video file is not required by Vendor to perform the services outlined in this Agreement, the video file and any resulting public records shall be transferred to City prior to the termination of the Agreement and City shall serve as the records custodian for any said public records created. City agrees to assume responsibility to respond to, and if appropriate defend, at its sole expense, any requests for data or information obtained through the Enhanced Video Service, whether by formal public records request or otherwise. Vendor shall not be responsible for any storage, storage costs or public records requests pertaining to the historical video beyond maintaining public records consistent with the records retention schedule specified by the City in this Agreement and consistent with the process outlined in Section 5 of this Amendment below. iv. Video file requests from historical video are limited to 30 minutes. If additional footage is required, additional requests may be made by City. v. To avoid unintended data usage charges, streaming video is limited to 10- minute sessions. After 10 minutes, users will be prompted to reconnect. vi. City understands they are solely responsible for the proper use of video gathered through any video enhancement. 5. The Agreement shall be modified to include the following provision: a. Public Records: As required by Section 119.0701, Florida Statutes, ATS hereby specifically agrees to comply with the public records laws of the State of Florida.ATS specifically agrees to: Keep and maintain public records required by City in order to perform the service. H. Upon request from City's custodian of public records, provide City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the 2 duration of the Agreement term and following completion of the Agreement if ATS does not transfer the records to City. iv. Upon completion of the Agreement, transfer, at no cost, to City all public records in possession of ATS or keep and maintain public records required by City to perform the project scope of services. If ATS transfers all public records to City upon completion of the Agreement, ATS shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If ATS keeps and maintains public records upon completion of the Agreement, ATS shall meet all applicable requirements for maintaining public records. All records stored electronically must be provided to City upon request from City's custodian of public records in a format that is compatible with the information technology systems of City. v. In the event ATS fails to comply with a public records request, City shall be authorized to enforce this contractual provision. vi. IF ATS HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES,TO ATS'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Ellisa L. Horvath, MMC 19200 West Country Club Drive Aventura, FL 33180 Telephone: (305)466-8901 Fax: (305)466-8919 horvathe@cityofaventura.com 6. Independent Counsel. Each party has had the benefit of counsel and the opportunity to seek independent advice and counsel conceming the terms of this Amendment. Neither party is relying on the other to provide information concerning the terms of this Amendment or its effect on the Agreement. As such, Vendor and City agree that this Amendment is the product of mutual effort and in the event of an ambiguity, it will not be construed more strictly against one party than the other. 7. The provisions of the Agreement, as amended by this Amendment, including the recitals, comprise all of the terms, conditions, agreements, and representations of the parties with respect to the subject matter hereof. Except as expressly amended or modified by the terms of this Amendment, all terms of the Agreement shall remain in full force and effect. In the event of a conflict between the terms of this Amendment and the Agreement, the terms of this Amendment shall prevail and control. 8. This Amendment may be executed in one or more counterparts, each of which shall constitute an original, but all of which taken together shall constitute one and the same instrument. Each party represents and warrants that the representative signing this Amendment on its behalf has all right and authority to bind and commit that party to the terms and conditions of this Amendment. IN WITNESS WHEREOF,the parties hereto have executed this Amendment. CITY OF AVENTURA AMERICAN TRAFFIC SOLUTIONS Signature: Signature: Name/Title: Name/Title: 3 Date: Date: 4 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT M MORANDUM TO: City Commission FROM: Eric M. Soroka, I City Manager BY: Joanne Carr, AIC Al; Community Development Director DATE: November 3, 2017 SUBJECT: Exemption of City of Aventura from Miami-Dade County Workforce Housing Regulations in Article XIIA of Chapter 33 of the County Code of Ordinances November 7, 2017 City Commission Meeting Agenda Item (Or RECOMMENDATION It is recommended that the City Commission adopt the enclosed resolution to exempt the City of Aventura from the regulations in Article XIIA of Chapter 33 of the Miami- Dade County Code of Ordinances. BACKGROUND On December 20, 2016, the Miami-Dade County Board of Commissioners enacted Ordinance No. 16-138, codified in Chapter 33 of the County Code, to amend its regulations on workforce housing. This regulation is applicable in both unincorporated and incorporated areas of the County. While the ordinance requires that most municipalities adopt regulations to ensure the accommodation of workforce housing based on the most recent census, it recognizes that workforce housing may be impractical in some areas due to the lack of: availability or the value of vacant land or redevelopment sites. This is the case for the City of Aventura. There is only one vacant residentially zoned property without existing site plan approval and that land is assessed by the Miami-Dade Property Appraiser at $3.92 million dollars per acre. Section 33-193.7(A)(2)a of the County Code requires that the City Commission adopt a resolution confirming its legislative finding that it would be impractical for the City to address workforce housing due to the high value of the remaining land within its territorial jurisdiction. Section 33-193.7(A)(4) of the County Code confirms that the County will defer to all legislative findings in a municipal resolution. RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, DECLARING EXEMPTION FROM ARTICLE XIIA OF CHAPTER 33, WORKFORCE HOUSING DEVELOPMENT PROGRAM OF THE MIAMI-DADE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 20th, 2016, the Miami-Dade County Board of Commissioners ("the County") enacted Ordinance No. 16-138, codified in Chapter 33 of the Miami-Dade County Code, ('the Ordinance") to amend its regulations on workforce housing in both incorporated and unincorporated areas of the County; and WHEREAS, the Ordinance requires that each municipality adopt regulations to ensure the accommodation of workforce housing based on the most recent census; and WHEREAS, while some municipalities may be exempt due to their low population density, section 33-193.7(A)(2)a requires nonexempt municipalities to adopt a resolution making legislative findings that the need for workforce housing within its territorial jurisdiction is being adequately addressed, or that workforce housing would be impractical to provide due to issues such as, but not limited to, the lack of availability of or the high value of vacant land or redevelopment sites; and WHEREAS, the City of Aventura ("the City") has only one ("1") vacant parcel in its jurisdiction without a pending site plan application, and the value of the land is three million nine hundred and twenty thousand dollars ($3,920,000) per acre as assessed by the Miami-Dade County Property Appraiser; and WHEREAS, therefore, the City Commission finds that it would be impractical for the City to address workforce housing due to the high value of the remaining land within its territorial jurisdiction. 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 hereby declares that, pursuant to Section 33-193.7(A)(2)a, Article XIIA, of Chapter 33 of the Miami-Dade County Code, it is impractical to address workforce housing in the City as a result of the high value of its sole remaining parcel of vacant land. Section 2. The City Clerk is hereby directed to distribute a copy of this resolution to all relevant parties at Miami-Dade County. Section 3. Immediately upon adoption, this Resolution shall take effect retroactively from and after June 29th, 2017. 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 Commissioner Howard Weinberg Mayor Enid Weisman PASSED AND ADOPTED this 7th day of November, 2017. Page 2 of 3 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 3 of 3 CITY OF AVENTURA DEPARTMENT OF PUBLIC WORKS AND TRANSPORTATION MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM, ana. -r BY: Antonio F. Tomei, Capital Pr. ects M. nager THRU: Joseph S. Kroll, Public Works Tra sportation Director DATE: October 12, 2017 SUBJECT: Yacht Club Drive Milling & Resurfacing Improvements Craven Thompson & Associates, Inc. Work Authorization # 01-0103-246 November 7, 2017 City Commission Meeting Agenda Item _ (0,1-- Recommendation D,TRecommendation It is recommended that the City Commission adopt the attached Resolution approving Work Authorization No. 01-0103-246 from Craven Thompson & Associates, Inc. in the amount of$74,210. Background As outlined in Exhibit A, this work authorization will provide for professional services inclusive of survey, engineering design, bidding and construction services on the above referenced project. The road resurfacing on Yacht Club Drive will occur between NE 213th Street and continue north and east to Golden Point. I have reviewed work authorization #01-0103-246 in the amount of $74,210 and recommend approval. Budget Line Item #120-5401-541-63-05 Budget Amount FY 2017/18 - $385,000 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 APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-246 FOR PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF YACHT CLUB DRIVE MILLING AND RESURFACING IMPROVEMENTS BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON & ASSOCIATES FOR THE AMOUNT OF $74,210; 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 to execute the attached Work Authorization No. 01-0103-246 from Craven Thompson & Associates for the design of Yacht Club Drive Milling and Resurfacing Improvements in the amount of $74,210. Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Mayor Enid Weisman City of Aventura Resolution No. 2017- PASSED AND ADOPTED this 7th day of November, 2017. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 WORK AUTHORIZATION NO. 01-0103-246 YACHT CLUB DRIVE MILLING & RESURFACING The City of Aventura has requested Work Authorization No. 01-0103-246 as provided for in the Agreement between the City of Aventura and Craven Thompson and Associates, Inc. and approved by the City Commission on July 3, 2001. This Work Authorization No 01-0103-246 provides for technical services in accordance with Articles 3, 4, 6, 7 and 8 of the Agreement as further detailed in the scope of services in Exhibit A. Payment for such services shall be in accordance with Article 5 of the Agreement. Design Phase Provide Topographic Survey(Task No. 11246) $16,960.00 Prepare Design Drawings(Task No. 34040) $22,400.00 Permitting(Task No. 31080) $4,920.00 Total Lump Sum Design Phase $44,280.00 Bidding Phase Prepare Bid Documents(Task No.34060) $5,440.00 Total Lump Sum Bidding Phase $5,440.00 Construction Phase Daily Site Visits(based on 90 day const.)(Task No. 34070) $19,840.00 Project Closeout Documentation(Task No. 34070) $4,400.00 Total Lump Sum Construction Phase $24,240.00 Reimbursable Expenses Printing,Graphics,Communications,Couriers, Etc.(Task No. 34100) $250.00 Total Reimbursable Expenses $250.00 Total Lump Sum Labor Expenses am $73,960.00 Total Estimated Reimbursable Expenses are $250.00 The time period for this work authorization will be: Survey Phase 45 Days Design Phase 60 Days Permitting Phase 120 Days Bidding Phase 75 Days Construction Services Phase(estimate) 120 Days CITY: CITY OF AVENTURA, FLORIDA through its City Manager BY City Manager Eric M. Soroka, ICMA-CM day of ,2017 Notice to Proceed Yes No Project Initiation Date RECOMMENDED through its Capital Projects Manager BY T— N—fora-i Capital Projects Manager Antonio F.Tomei 10 day of 0 Cr. ,2017 Exhibit A Consultant shall prepare roadway milling, resurfacing and pavement marking drawings for the following area: Yacht Club Drive from NE 34th Avenue to the entrance to Golden Pointe, a distance of approximately 3,400 feet. Our scope of service shall include, surveying, engineering design, and construction services. Consultant will more specifically perform the following: • Prepare a topographic survey of aboveground improvements including trees with a trunk diameter of 3inches or larger for the full right-of-way for Yacht Club Drive from NE 34th Avenue to the entrance to Golden Pointe, a distance of approximately 3,400 feet. Elevations will be measured sufficient for engineering design and cross sections will be shown at 50 foot intervals. • Prepare roadway resurfacing and pavement marking plans. Including plans for repair of damaged curbing and sidewalk, and replacing curb ramps that do not meet current FDOT design criteria. • Submit pavement marking plans to Miami-Dade County for review and approval. • Prepare technical specifications for inclusion into the City's Bid package. • Prepare Bid package and assist City in bidding the project. • Construction services, including periodic observation of the work to document conformance with specifications and drawings. CITY OF AVENTURA PRELIMINARY CONSTRUCTION COST ESTIMATE MILLING AND RESURFACING OF YACHT CLUB DRIVE BETWEEN NE 34TH AVENUE AND GOLDEN POINTE CRAVEN THOMPSON AND ASSOCIATES, INC. September,2017 ITEM QUANTITY UNIT MEASURE UNIT PRICE COST MILLING 17,800 SY $2.80 $49800 ASPHALT PAVEMENT 17,800 SY $7.50 $138500 INFRASTRUCTURE ADJUSTMENTS 3,400 LF $25.00 $85000 PAVEMENT MARKINGS 8SIGNAGE 3,400 LF $15.00 $51,000 SUB-TOTAL ROADWAY CONSTRUCTION $319,300 GENERAL CONDITIONS @ 5% $16,000 MOBILIZATION @ 8% $29500 MAINTENANCE OF TRAFFIC @ 3% $9,600 TESTING AND MISCELLANEOUS @ 2% 56,400 TOTAL ROADWAY CONSTRUCTION $370800 SURVEY @ 5% $16,000 ENGINEERING @ 10% $31.900 BIDDING 8 CONSTRUCTION ADMINISTRATION @ 10% $31,900 TOTAL COSTS $456,600 CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM, City Manager BY: Brian K. Raducci, Finance Director DATE: November 3, 2017 SUBJECT: Resolution Authorizing Execution of Towing Agreement and Backup Towing Agreement November 7, 2017 Commission Meeting Agenda Item (O 14. Recommendation It is recommended that the City Commission adopt the attached Resolution which authorizes the execution of a "Towing Agreement" with Prestige Auto Transport Towing & Recovery, Inc. and "Backup Towing Agreement"with Downtown Towing Company. Background The City currently has a primary Towing Agreement with Prestige Auto Transport Towing & Recovery, Inc. which expired on October 31, 2017. In addition, Downtown Towing Company serves as the City's current backup towing provider. Those contracts were awarded for a three (3) year term in 2012 and were renewed for two (2) additional one (1) year periods pursuant to the prior RFP for towing services. As a result, on September 15, 2017, the City issued a formal request for proposal ("RFP") for Towing, Wrecker and Storage Services, RFP #18-10-16-2. The RFP was advertised in the Daily Business Review and in addition, a solicitation package was made available from www.demandstar.com. On September 28, 2017, one (1) firm attended a non-mandatory pre-bid conference to obtain general information regarding the RFP and later went on to submit a proposal. On October 16, 2017 sealed proposals were opened from the following firms: • Downtown Towing Company ("Downtown") • Alpine Towing D/B/A Galactic Towing ("Alpine") • Prestige Auto Transport Towing & Recovery, Inc. ("Prestige") The results of those submissions are summarized in the "Proposal Tabulation" which is included as Attachment I. As you see from that tabulation, Prestige bid the highest 1 amount followed by Downtown and Alpine, respectively. As previously mentioned, Prestige and Downtown serve as the City's primary and backup towing operator, respectively. At this time, the Police Department is quite satisfied with Prestige's service delivery and sees no reason to change the arrangement. The Police Department had previously inspected the facilities and equipment of Prestige and Downtown and determined that each firm met the minimum requirements as established and outlined in the RFP. Since the two (2) firms above possessed the required facilities and equipment and were bound by the same fee schedule, the primary criteria for award became the franchise fee that each firm proposed to pay to the City. As indicated on Attachment I, Prestige proposed the highest yearly franchise fee ($50,000.00) and is therefore being recommended to serve as the City's primary towing contractor. The next highest franchise fee was proposed by Downtown ($20,000) and as a result is being recommended to act in the capacity as the backup contractor. For your convenience, a copy of the RFP has been included as Attachment II. Copies of the proposals from all vendors are on file in the Finance Department. Upon your review, if you have any questions, please feel free to contact the City Manager. 2 RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING AND LETTING A TOWING CONTRACT TO PRESTIGE AUTO TRANSPORT TOWING & RECOVERY, INC. AND A BACKUP TOWING CONTRACT TO DOWNTOWN TOWING COMPANY; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura has, pursuant to the various laws of the State of Florida and the code of Aventura, properly solicited and accordingly accepted proposals from towing, wrecker and storage services pursuant to Request for Proposal (RFP) #18- 10-16-2; and WHEREAS, sealed proposals were submitted to and received by the City pursuant to the City's RFP; and WHEREAS, staff has determined that Prestige Auto Transport Towing & Recovery, Inc. has submitted the most responsible and responsive bid for said services; and WHEREAS, Downtown Towing Company has submitted the second most responsible and responsive proposal; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said towing contract and backup towing contract to said most responsible and responsive proposers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The Towing Contract for RFP #18-10-16-2 is hereby awarded to Prestige Auto Transport Towing & Recovery, Inc. City of Aventura Resolution No. 2017- Section 2. The Backup Towing Contract for RFP #18-10-16-2 is hereby awarded to Downtown Towing Company. Section 3. The City Manager is hereby authorized to execute, on behalf of the City of Aventura, a towing contract and backup towing contract by and between the parties embodying the terms, conditions, and specifications as set forth in the subject RFP. Section 4. The City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this resolution in awarding these contracts. 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 Commissioner Howard Weinberg Mayor Enid Weisman Page 2 of 3 City of Aventura Resolution No. 2017- PASSED AND ADOPTED this 7th day of November, 2017. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 Attachment I CITY OF AVENTURA PROPOSAL TABULATION TOWING, WRECKER AND STORAGE SERVICES REP#18-10-16-2 Proposal Open after 2:00 pm on Monday, October 16, 2017 Addendum Bidder Company Total Bid Acknowledged Proper Bid Bond Qual. Stmt DOWNTOWN TOWING $20,000.00 N/A Yes Yes COMPANY ALPHINE TOWING D/B/A GALACTIC $ 9,060.00 TOWING N/A Yes Yes PRESTIGE AUTO TRANSPORT TOWING & $50,000.00 RECOVERY, INC. N/A Yes Yes Offers listed from the vendors herein are the only offers received timely as of the above opening date and time. All other offers submitted in response to this solicitation, if any, are hereby rejected as late. / /6 / Indra Sarju, CP Dated Attachment II CITY OF AVENTURA REQUEST FOR PROPOSALS . ■Ulm moi ! ■ tri �. 1 ti ■ ■ 0 06P 6 TOWING, WRECKER AND STORAGE SERVICES RFP #18-10-16-2 ISSUING DATE: Friday, September 15, 2017 BID OPENING DATE: Monday, October 16, 2017 BID OPENING TIME - 2:00 P.M. TABLE OF CONTENTS CONTENTS: PAGE # FORMAL REQUEST FOR PROPOSAL 7 GENERAL INFORMATION 9 DEFINITIONS 10 SECTION 1 REQUEST FOR PROPOSALS 12 1 .1 INTENT 12 1 .2 CONTRACT PERIOD 12 1 .3 PROHIBITIONS RELATING TO OTHER BUSINESS INTERESTS 12 1 .4 EVALUATION OF PROPOSALS 12 1 .5 PROPOSAL REQUIREMENTS 12 1 .6 TIMETABLE FOR REVIEW AND SELECTION 13 1 .7 CITY'S RIGHTS 13 1 .8 CONE OF SILENCE PROVISION 14 1 .9 CAMPAIGN FINANCE RESTRICTIONS ON VENDORS 15 1 .10 PUBLIC ENTITY CRIME/DISQUALIFICATION 18 1 .11 CONFLICTS OF INTEREST 19 1 .12 BID PROTEST PROCEDURES 19 1 .13 PUBLIC RECORDS 19 1 .14 SCRUTINIZED COMPANIES PURSUANT TO SECTION 287.135, FLORIDA STATUES 20 SECTION 2 GENERAL CONDITIONS 21 2.1 PURPOSE OF PROPOSALS 21 2 TABLE OF CONTENTS (CONTINUED) CONTENTS PAGE # 2.2 SUBMISSION OF PROPOSALS 21 2.3 GUARANTIES 21 2.4 DELIVERY 21 2.5 TAXES 22 2.6 MISTAKES 22 2.7 BRAND NAMES 22 2.8 MATERIAL 22 2.9 PRICING 22 2.10 SAFETY STANDARDS 22 2.11 PAYMENTS 23 2.12 LIABILITY, INSURANCE, LICENSES AND PERMITS 23 2.13 COUNTY LICENSE 23 2.14 COMPLIANCE WITH LAW 23 2.15 ASSIGNMENT 23 2.16 AWARDS OF PROPOSALS 24 2.17 EVALUATION OF PROPOSALS 24 2.18 DISQUALIFICATION OF PROPOSERS 24 2.19 IDENTICAL (TIE PROPOSALS) 24 2.20 PREFERENCE TO LOCAL BUSINESS 24 2.21 HOLD HARMLESS 24 2.22 CANCELLATION 25 3 TABLE OF CONTENTS (CONTINUED) CONTENTS PAGE # 2.23 DISPUTES 25 2.24 NONCONFORMANCE TO CONTRACT 25 2.25 DEFAULT PROVISIONS 25 2.26 IDEMNIFICATION 25 2.27 SECONDARY/OTHER VENDORS 26 SECTION 3 SPECIAL CONDITIONS 27 3.1 SCOPE 27 3.2 INITIAL CONTRACT PERIOD AND CONTRACT RENEWAL 27 3.3 PROHIBITION AGAINST OTHER BUSINESSES 27 3.4 NO CONTINGENT FEE 28 3.5 ATTORNEY'S FEES 28 3.6 ADDENDA, CHANGES OR INTERPRETATIONS DURING BIDDING 28 3.7 BASIS OF AWARD 28 3.8 BONDS 29 3.9 BID SECURITY FORFEITED, LIQUIDATED DAMAGES 29 3.10 CONTRACT CONTINUITY 29 3.11 COMPLAINTS OR DISPUTES 29 3.12 PERSONNEL 29 3.13 RESPONSE TIME 30 3.14 LICENSING 30 3.15 EQUIPMENT 30 4 TABLE OF CONTENTS (CONTINUED) CONTENTS PAGE # 3.16 STORAGE 30 3.17 INSIDE STORAGE 31 3.18 CONTRACTOR'S LIABILITY 31 3.19 REPORTS 32 3.20 INSURANCE 32 3.21 CONTRACTOR'S RELATION TO THE CITY 33 3.22 OTHER SERVICES 33 3.23 REMOVAL OF DEBRIS 34 3.24 DISCRIMINATORY PRACTICES 34 3.25 MINIMUM STANDARDS 34 3.26 RADIO COMMUNICATIONS 35 3.27 UNDERWATER DIVER 35 3.28 CITY DIVER 36 3.29 MISCELLANEOUS EQUIPMENT 36 3.30 FINANCIAL ARRANGEMENTS/RATES 36 3.31 CITY OWNED VEHICLES 39 3.32 CHANGE OF TIRES 40 PROPOSAL FORM 41 EXCLUSIVE SERVICE AGREEMENT FEE Attachment "A" 45 NO BID OR PROPOSAL RESPONSE 46 5 TABLE OF CONTENTS (CONTINUED) CONTENTS PAGE # AGENCY REFERENCE LIST Attachment "B" 47 OTHER REFERENCES Attachment "B-1" 49 VEHICLE AND EQUIPMENT LIST Attachment "C" 51 STORAGE COMPOUND INFORMATION Attachment "D" 52 PROPOSER'S QUALIFICATIONS Attachment "E" 53 PROPOSAL EXCEPTION FORM Attachment "F" 56 INDEMNIFICATION CLAUSE Attachment "G" 57 SWORN STATEMENT PURSUANT TO SECTION 287.133(3) (a), FLORIDA STATUTUES, ON PUBLIC ENTITY CRIMES Attachment "H" 58 BUSINESS ENTITY AFFIDAVIT 60 Attachment "I" SCRUTINIZED COMPANIES PURSUANT TO SECTION 287.135, FLORIDA STATUES Attachment "J" 62 APPENDIX 1 63 BID BOND 64 APPENDIX 2 66 FORM OF PERFORMANCE BOND 67 6 REQUEST FOR PROPOSALS RFP # 18-10-16-2 CITY OF AVENTURA TOWING, WRECKER AND STORAGE SERVICES The City of Aventura, Florida, is requesting Sealed Proposals from qualified firms to provide Towing, Wrecker and Storage Services, which will be received at the Office of the City Manager, City of Aventura, 19200 W. Country Club Drive, Aventura, Florida 33180, at 2:00 p.m. Monday, October 16, 2017 at which time they will be opened and read aloud for: TOWING, WRECKER AND STORAGE SERVICES RFP # 18-10-16-2 The City of Aventura, Florida is inviting the submission of proposals from qualified firms for towing, wrecker and storage of vehicles. Submittals must be received no later than 2:00 p.m. on Monday, October 16, 2017 and clearly marked on the outside of package "RFP #18-10-16-2". Late submittals will not be accepted. Office of the City Manager City of Aventura 19200 West Country Club Drive Aventura, FL 33180 A non-mandatory Pre-Proposal Conference will be held at 10:00 AM (EST) on Thursday, September 28, 2017. The Pre-Proposal Conference will be held in the 5tn floor conference room at The City of Aventura, City Hall. Interested firms may obtain the Request for Proposals (RFP) package from www.demandstar.com or the issuing office, on or after Friday, September 15, 2017. The RFP package contains detailed information about the Statement of Work, Proposal submission requirements and selection procedure from this RFP. Any or all questions should be directed to Indra Sarju, Purchasing Agent at (305) 466-8925 or via email www.sariui(c�cityofaventura.com. Pursuant to City Code Sec. 2-260 (Ordinance 2002-12), public notice is hereby given that a "Cone of Silence" is imposed concerning this City's' competitive purchasing process, which generally prohibits communications concerning the RFP from the time of advertisement of the RFP until the beginning of the City Commission meeting at which the City Manager makes a written recommendation to the City Commission concerning the competitive purchase transaction. Please see the detailed specifications for the public solicitation for services for a statement fully disclosing the requirements of the "Cone of Silence". 7 Pursuant to Ordinance 2005-14; City Code Section 2-420, vendors of the City are prohibited from in any way providing campaign contributions to City commission candidates. Please see the detailed specifications of this solicitation for further details. The City of Aventura reserves the right to accept or reject any and/or all proposals or parts of proposals, to workshop or negotiate any and all proposals, to waive irregularities, and to request new proposals for the required materials or services. Eric M. Soroka City Manager 8 RESPONSE TO A FORMAL REQUEST FOR PROPOSAL GENERAL INFORMATION A. SCOPE OF SERVICES: The City of Aventura, Florida is inviting the submission of proposals from qualified firms to provide Towing, Wrecker and Storage of vehicle services. B. PROPOSAL DUE DATES: Complete proposals are due on Monday, October 16, 2017 at 2:00 p.m. Proposals must be received in the Office of the City Manager by the date and time indicated, with opening immediately following at the City of Aventura, 19200 West County Club Drive, Aventura, FL 33180. Proposals should be addressed and delivered to: RFP # 18-10-16-2 Office of the City Manager City of Aventura 19200 West Country Club Drive Aventura, FI 33180 Questions concerning this RFP should be directed to: Indra Sarju, Purchasing Agent 19200 W. Country Club Drive Aventura, Florida 33180 (305) 466-8925 Email: sarnui(@.cityofaventura.com In order to facilitate review of the proposals, each proposer must submit one (1) original plus three (3) additional copies of the RFP response on or before the submission deadline indicated herein. In addition, one (1) CDs that contain a single "converted" (not scanned) signed electronic PDF file that contains your entire response with each page of the response in the order as presented in the RFP document, including any attachments THE RESPONSIBILITY FOR OBTAINING AND SUBMITTING A PROPOSAL TO THE OFFICE OF THE CITY MANAGER ON OR BEFORE THE STATED DATE AND TIME OF: 9 Monday, October 16, 2017 AT 2:00 PM IS SOLELY AND STRICTLY THE RESPONSIBILITY OF THE PROPOSER. THE CITY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ANY MAIL, PACKAGE OR COURIER SERVICE, INCLUDING THE U.S. MAIL, OR CAUSED BY ANY OTHER OCCURRENCE. ANY PROPOSAL RECEIVED AFTER THE DATE AND TIME STATED IN THE SOLICITATION TIMETABLE IN THIS REQUEST FOR PROPOSALS WILL NOT BE OPENED AND WILL NOT BE CONSIDERED. TELEGRAPHIC OR FACSIMILE PROPOSALS SHALL NOT BE CONSIDERED. Hand-carried Proposals may be delivered to the above address during the City's regular business hours, Mondays through Fridays, excluding holidays observed by the City, but not beyond the Due Date and Time. Proposers are responsible for informing any commercial delivery service, if used, of all delivery requirements and for ensuring that the required information appears on the outer wrapper or envelope used by such service. The Proposal must be signed by an authorized officer of the Proposer who is legally authorized to enter into a contractual relationship in the name of the Proposer. The submittal of a Proposal by a Proposer will be considered by the City as constituting an offer by the Proposer to perform the required services, and/or provide the required goods, at the price stated by the Proposer. C. ACRONYMS/DEFINITIONS For the purposes of this Request for Proposal (RFP), the following acronyms/definitions will be used: Contract Shall refer to the Contract that may result from this Request For Proposals. Contractor The organization(s)/individual(s) that is awarded and has an approved contract with the City for the services identified in this RFP. City/Owner Shall refer to The City of Aventura, Florida or its designated representative, as applicable Commission The term Commission as used throughout this document will mean the City Commission of City of Aventura, Florida. Due Date and Time Shall refer to the due date and time listed in the Solicitation Timetable of this Solicitation. Evaluation Committee An independent committee comprised solely of representatives of the City established to review proposals submitted in 10 response to the RFP, score the proposals, and recommend a Proposer(s). FSS Florida State Statutes May Indicates something that is not mandatory but permissible. Proposal Shall refer to any offer(s) submitted in response to this Request For Proposal Proposer Shall refer to anyone submitting a Proposal in response to the Request for Proposal. Provider or Shall refer to the Proposer receiving an award as result of Successful this Request for Proposal. Proposer Request for Proposal, RFQ, or Solicitation Shall mean this Request for Proposal including all Exhibits and Attachment as approved by the City, and amendments or change orders issued by the City Work, Services, Program, Project or Engagement Shall refer to all maters and things that will be required to be done by the Successful Proposer in accordance with the Scope of Work, and the Terms and Conditions of this Solicitation Shall/Must Indicates a mandatory requirement. Failure to meet a mandatory requirement will, if material, result in the rejection of a proposal as non-responsive. Should Indicate something that is recommended but not mandatory. If the Proposer fails to provide recommended information, the City may, at its sole option, ask the Proposer to provide the information or evaluate the proposal without the information. Failure after demand will result in rejection. Sub-Contractor& Sub-Consultant Shall refer to any person, firm, entity, or organization, other than the employees of the Successful Proposer, who contract with the Successful Proposer to furnish labor, or labor and materials, in connection with the Work or Services to the City, whether directly or indirectly, on behalf of the Successful Proposer. 11 SECTION 1 REQUEST FOR PROPOSALS SUBJECT: Towing, Wrecker and Storage Services OPENING DATE & TIME: Monday, October 16, 2017 @ 2:00 P.M SUBMIT TO: Office of the City Manager City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 RFP NUMBER: 18-10-16-2 1.1 INTENT The City of Aventura, Florida is inviting the submission of proposals from qualified firms to provide the Towing, Wrecker and Storage for the City of Aventura. A more complete scope of services is included as Section 3.1 under the Special Conditions of this proposal. It is the intent of the City to select a primary towing contractor and a secondary contractor to provide the services requested in this proposal as included in Section 2.26. 1.2 CONTRACT PERIOD The initial contract shall be for a period of three (3) years with the right to renew the contract for two (2) additional one year periods upon mutual agreement of both parties. 1.3 PROHIBITIONS RELATING TO OTHER BUSINESS INTERESTS As more fully discussed in Section 3.3 of the Special Conditions of this RFP, the contractor shall not engage directly or indirectly or through a subsidiary or other entity in the automobile paint and body repair or salvage, junkyard or auto recycling business. 1.4 EVALUATION OF PROPOSALS Proposals will be evaluated based upon the criteria contained in Sections 2.17 through 2.19 of the General Conditions and 3.7 of the Special Conditions. 1.5 PROPOSAL REQUIREMENTS 12 Proposals must include but need not be limited to, one original plus a CD and three copies of the complete Proposal Form including Attachments as follows: • Attachment A — Exclusive Service Agreement Fee Proposal Form • No Bid or Proposal Response • Attachment B - Agency Reference List • Attachment B1- Other References • Attachment C —Vehicle & Equipment List • Attachment D — Storage Compound Information • Attachment E — Proposer's Qualification Forms • Attachment F — Proposal Exception Form • Attachment G — Indemnification Clause • Attachment H — Sworn Statement Pursuant to Section 287.133, F.S. • Attachment I — Business Entity Affidavit • Attachment J — Scrutinized Companies Pursuant to Section 287.135, F.S. The City provided proposal forms must be completed, signed, notarized and certified as to authorization. Attachments A, B, B1, C, D, and E must be completed using the City provided forms. For attachments G and H, the City provided forms must be signed and notarized. In addition, the proposal packet shall include a copy of all insurance policies as specified in section 3.20 and one copy of the entire RFP document with the proposer's company and initials on each page. Also, one original of the bid bond or cashier's check must be included in the sealed envelope. 1.6 TIMETABLE FOR REVIEW AND SELECTION The written proposals will be evaluated by a review committee consisting of employees from the City's Police and Finance Departments. Based upon this evaluation, the Committee may select one or more companies for further evaluation. If determined appropriate, selected companies will receive a site visit to storage and other facilities. The Committee shall recommend an agreement with the top ranked company to the City Commission at their November 7, 2017 meeting. It is anticipated that the new company would assume full service responsibilities on November 2017. 1.7 CITY'S RIGHTS The City of Aventura reserves the right to accept or reject any and/or all proposals or parts of proposals, to workshop or negotiate any and all proposals, to waive irregularities, and to request new proposals on the required materials or services. The City Commission shall make a final determination and award of proposal(s). All materials submitted in response to the Request for Proposals become the property of the City of Aventura and will be returned only at the option of the City. The City has the right to use any or all ideas presented in any response to the RFP, whether amended or not, and selection or rejection of the Proposal does not affect this right, provided however, that any submittal that has been submitted to the City Manager's 13 Office may be withdrawn prior to submittal opening time stated herein, upon proper identification and signature releasing submittal documents back to the proposing firm. 1.8 CONE OF SILENCE PROVISION A. Notwithstanding any other provision of these specifications, the provisions of City Code Sec. 2-260 "Cone of Silence" are applicable to this transaction. The "Cone of Silence," as used herein, means a prohibition on any communication regarding a particular Request For Proposal ("RFP"), Request for Qualification ("RFP") or bid, between: a potential vendor, service provider, proposer, bidder, lobbyist, or consultant, and: the City Commission, City's professional staff including, but not limited to, the City Manager and his or her staff, any member of the City's selection or evaluation committee. B. The Cone of Silence shall be imposed upon each RFP, RFQ and bid after the advertisement of said RFP, RFQ, or bid. C. The Cone of Silence shall terminate at the beginning of the City Commission meeting at which the City Manager makes his or her written recommendation to the City Commission. However, if the City Commission refers the Manager's recommendation back to the Manager or staff for further review, the Cone of Silence shall be re- imposed until such time as the Manager makes a subsequent written recommendation. D. The Cone of Silence shall not apply to: (1) Oral communications at pre-bid conferences; (2) Oral presentations before selection or evaluation committees; (3) Public presentations made to the City Commissioners during any duly noticed public meeting; (4) Communications in writing at any time with any City employee, unless specifically prohibited by the applicable RFP, RFQ or bid documents. The bidder or proposer shall file a copy of any written communication with the City Clerk. The City Clerk shall make copies available to any person upon request; (5) Communications regarding a particular RFP, RFQ or bid between a potential vendor, service provider, proposer, bidder, lobbyist or consultant and the City's Purchasing 14 Agent or City employee designated responsible for administering the procurement process for such RFP, RFQ or bid, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document; (6) Communications with the City Attorney and his or her staff; (7) Duly noticed site visits to determine the competency of bidders regarding a particular bid during the time period between the opening of bids and the time the City Manager makes his or her written recommendation; (8) Any emergency procurement of goods or services pursuant to City Code; (9) Responses to the City's request for clarification or additional information; (10) Contract negotiations during any duly noticed public meeting; (11) Communications to enable City staff to seek and obtain industry comment or perform market research, provided all communications related thereto between a potential vendor, service provider, proposer, bidder, lobbyist, or consultant and any member of the City's professional staff including, but not limited to, the City Manager and his or her staff are in writing or are made at a duly noticed public meeting. E. Please contact the City Attorney for any questions concerning Cone of Silence compliance. F. Violation of the Cone of Silence by a particular bidder or proposer shall render any RFP award, RFQ award or bid award to said bidder or proposer voidable by the City Commission and/or City Manager. 1.9 CAMPAIGN FINANCE RESTRICTIONS ON VENDORS A. Pursuant to Ordinance 2005-14; City Code Section 2-420, vendors of the City are prohibited from in any way providing campaign contributions to City commission candidates. B. City Code Sec. 2-420. Prohibited campaign contributions by vendors. (a) General, prohibition, disqualification, definitions. (1) a. No vendor shall give, solicit for, deliver or provide a campaign contribution directly or indirectly to a candidate, or to the campaign committee of a candidate, for the Offices of Mayor or Commissioner. 15 Commencing on the effective date of this article, all proposed City contracts, as well as requests for proposals (RFP), requests for qualifications (RFQ), requests for letters of interest (RFLI), or solicitations of bids issued by the City, shall incorporated notice of this section so as to notify potential vendors of the proscription embodied herein. b. No candidate or campaign committee of a candidate for the Offices of Mayor or Commissioner, shall deposit into such candidate's campaign account any campaign contribution which is received directly or indirectly from a vendor or which such candidate or campaign committee knows or should know was solicited by or for a vendor or delivered or provided for a vendor. Candidates (or those acting on their behalf) shall ensure compliance with this code section by confirming through examination of the official vendor list which is posted on the City of Aventura website to verify the vendor status of any potential contributor. A candidate or the campaign committee of a candidate shall not be in violation of this subsection if the vendor way not listed as a vendor in the City website at the time that the contribution was received or deposited so long as the candidate or the campaign committee of a candidate did not know that the person or entity was a vendor of the City. (2) Each prohibited act of giving, soliciting for, delivering or providing a campaign contribution or depositing a campaign contribution in violation of this section shall constitute a separate violation. All contributions deposited into a candidate's campaign account in violation of this section shall be forfeited to the City's general revenue fund. (3) a. A person or entity, other than a then existing vendor, who directly or indirectly makes a campaign contribution to a candidate who is elected to the office of Mayor or Commissioner shall be disqualified for a period of 12 months following the swearing in of the subject elected official from serving as a vendor with the City. A then existing vendor who directly or indirectly makes a contribution to a candidate who is elected to the Office of Mayor or Commissioner, shall be disqualified from serving as a vendor with the City for a period of 12 months from a final finding of a violation of this section, or from the time of action on a waiver request by the City Commission pursuant to subsection (b) below, in the event that a waiver is sought by the vendor. In the event that such waiver request for a particular transaction is granted, the affected vendor shall nonetheless be disqualified from serving as a vendor with the City as to any other goods, equipment or services to be provided by the vendor to the City, beyond the vendor goods, equipment or services which are the subject matter of any waiver which is granted. In the event such waiver request is denied for a particular transaction the 12-month disqualification period shall continue to apply to both the particular transaction for which the waiver was sought, as well as all other vendor activities for the provision of goods, equipment or services to the City during that 12-month period. b. For purposes of this section, the term "disqualified" shall be defined to include: 16 1. Termination of a contributor/vendor's existing contracts with the City, subject to the applicable waiver provisions of subsection (b) herein; and 2. Disqualification of a contributor's response to solicitation requests for prospective vendor contracts with the city, subject to the applicable waiver of subsection (b) herein. (4) As used in this section: a. Vendor. 1. A "vendor" is a person and/or entity who has been selected by the City as the successful bidder on a present or pending bid to provide to the City goods, equipment or services, or has been approved by the City of a present or pending award to provide to the City goods, equipment or services, prior to, upon or following execution of a contract, or purchase order. 2. "Vendor" shall include natural persons and/or entities who hold a controlling financial interest in a vendor entity. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm. The term "firm" shall mean a corporation, partnership, business trust or any legal entity other than a natural person. 3. "Vendor" shall not include City officers or employees. 4. For purposes of this section, "vendor" status shall terminate upon completion of performance of the agreement for the provision of goods, equipment or service. b. Services. For purposes of this section, the term "services" shall mean the rendering by a vendor through competitive bidding or otherwise, of labor, professional and/or consulting services to the City, including, but not limited to, the provision of lobbying services to the City. C. Campaign contributions. The term "campaign contribution" shall have the meaning which is ascribed to the term "contributions" pursuant to F.S. § 106.011, as amended. (b) Waiver of prohibition. (1) Criteria for waiver. The requirements of this section may be waived by the affirmative vote of five members of the City Commission for a particular transaction after a public hearing, upon finding that: a. The goods, equipment or services to be involved in the proposed transaction are unique and the City cannot avail itself of such goods, equipment or services without entering into a transaction which would violate this section but for waiver of its requirements; or b. The business entity involved in the proposed transaction is the sole source of supply as determined by the City Manager in accordance with procedures established by the City Manager; or C. An emergency contract (as authorized by subsection 2-253(5) of this Code) must be made in order to protect the health, safety or welfare of the citizens of the City; or 17 d. A contract for the provision of goods, equipment or services exists which, if terminated by the City would be substantially adverse to the best economic interests of the City. (2) Limited waiver. Notwithstanding the denial of the City Commission of a waiver request regarding the provision of goods, equipment or services under an existing contract pursuant to subsection (b)a. above, the City Commission, may by the affirmative vote of five members of the City Commission after a public hearing, grant a limited waiver concerning an existing contract for the provision of goods, equipment or services between a vendor and the City upon finding that in order to protect the health, safety and welfare of the citizens of the City, it is necessary that the affected contract be continued for a limited duration (not to exceed a period of six months) in order for the City to obtain a replacement vendor. (3) Full disclosure. Any grant of a waiver or limited waiver by the City Commission must first be supported with a full disclosure of the subject campaign contribution. I Implementation. The City Manager is authorized to adopt additional procurement procedures for goods, equipment or services to implement this section. These procedures shall provide for the assembly, maintenance and posting of an official City vendor list as referenced above. (d) Penalty. The Ethics Commission created pursuant to Miami-Dade County Ordinance 97-105, shall have primary jurisdiction for enforcement of this section. A finding by the Ethics Commission that a person violated this section, shall subject such person to an admonition or public reprimand and/or a fine of $250.00 for the first violation, and $500.00 for each subsequent violation. (e) Applicability. This section shall be applied only prospectively to campaign contributions which are made after the date of this section. (Ord. No. 2005-14, § 3, 10-11-05) 1.10 PUBLIC ENTITY CRIME/DISQUALIFICATION: Pursuant to Section 287.133(3)(a), Florida Statute all proposers are advised as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity and may not transact business with any public entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." By submitting a response to this invitation, bidders certify that they are qualified under Section 287.133, Florida Statutes, to provide the services set forth in this invitation. 18 1.11 Conflicts of Interest The award of any contract hereunder is subject to the provisions of Chapter 112, Florida Statutes. Bidders must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of Aventura or its agencies. 1.12 Bid Protest Procedures In the event of a bid protest, it will be handled in accordance with and pursuant to Section 2-259, City Code. An electronic copy of this section may be found online at: http://www.municode.com/Library/FL/Aventura. 1.13 PUBLIC RECORDS a. CONTRACTOR agrees to keep and maintain public records in CONTRACTOR's possession or control in connection with CONTRACTOR's performance under this Agreement. CONTRACTOR additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. CONTRACTOR shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Agreement, and following completion of the Agreement until the records are transferred to the CITY. b. Upon request from the CITY custodian of public records, CONTRACTOR shall provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. c. Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of the CITY. d. Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the CONTRACTOR shall be delivered by the CONTRACTOR to the CITY MANAGER, at no cost to the CITY, within seven (7) days. All such records stored electronically by CONTRACTOR shall be delivered to the CITY in a format that is compatible with the CITY'S information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, the CONTRACTOR 19 shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. e. Any compensation due to CONTRACTOR shall be withheld until all records are received as provided herein. f. CONTRACTOR's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the CITY. Section 119.0701(2)(a), Florida Statutes IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: City Clerk's Office Mailing address: 19200 West County Club Drive Aventura,FL 33180 Telephone number: 305-466-8901 Email: horvathe@cityofaventura.com 1.14 Scrutinized Companies Pursuant to Section 287.135, Florida Statutes, a Proposer is ineligible to, and may not submit a Proposal for, or enter into or renew a contract with the City for goods or services of $1 million or more if at the time of submitting a Proposal for a new contract or renewal of an existing contract, the Proposer: A. Is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; B. Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes; or C. Is engaged in business operations in Cuba or Syria. THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK 20 SECTION TWO General Conditions 2.1 PURPOSE OF PROPOSAL: The City of Aventura intends to secure a source of supply(s) for the service needed at the most responsive and responsible price. The City reserves the right to award the proposal considered to best serve the City's interests. Any questions concerning the proposal specifications or any required need for clarification should be made at least five (5) days prior to the date of the proposal opening. No plea of ignorance or delay or required need of additional information shall exempt a proposer from submitting his proposal on the required date and time of day as publicly noted. Proposer warrants that the prices, terms and conditions quoted in the proposal will be firm for a period of ninety (90) days from the date of the proposal opening unless otherwise stated by the proposer. Incomplete, unresponsive, irresponsible, vague, ambiguous responses to the request for proposal will be just cause for rejection as determined by the City. In the event of any conflicts between provisions contained in the General Conditions (Section 2.1 through 2.26) and Special Conditions (Section 3.1 through 3.32), the provisions contained in the Special Conditions shall govern. 2.2 SUBMISSION OF PROPOSALS Proposers must use the proposal form(s) furnished by the City. Failure to do so may cause the proposal to be rejected. Removal of any part of the proposal may invalidate the proposal. Proposals having an erasure or corrections must be initialed by the proposer in ink. Proposals shall be signed in ink. All quotations shall be typewritten or filled in with ink. 2.3 GUARANTIES: No guarantee or warranty is given or implied by the City as to the total amount of services that may or may not be purchased from any resulting contract or award. These quantities are for proposal purposes only and will be used for tabulation and presentation of the proposal. The City reserves the right to reasonably increase or decrease quantities as required. The prices offered herein and the percentage rate of discount applies to other representative items not listed in this proposal. 2.4 DELIVERY: 21 All items shall be delivered F.O.B. destination (i.e. at a specific City of Aventura address), and delivery costs and charges (if any) will be included in the proposal price. Exceptions should be noted. When practical, the City may make pick-ups at the vendor's place of business. 2.5 TAXES Proposer should not include taxes in proposal prices. 2.6 MISTAKES If there is a discrepancy in the unit and extended prices, the unit price(s) will prevail and the extensions adjusted to coincide. Proposers are responsible for checking their calculations. Failure to do so will be at the Proposer's risk and errors will not release the proposer from his responsibility as noted herein. 2.7 BRAND NAMES If a brand name, make, of any "or equal" manufacturer trade name, trade name, or vendor catalog is mentioned whether or not followed by the words "approved equal" it is for the purpose of establishing a grade or quality of material only. Vendor may offer equals with appropriate identification, samples and/or specifications on such item(s). The City shall be the sole judge concerning the merits of items proposed as equals. Provision of any written indication of intent to quote an alternative brand or model number, or designation of objective of the proposal will be considered as a quotation in complete compliance with the specifications as listed, at the discretion of the city, which would best serve the City's interest. 2.8 MATERIAL Acceptance of any materials delivered under this proposal shall remain the property of the seller until accepted to the satisfaction of the City. In the event material(s) supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to return the product(s) to the seller at the sellers' expense. 2.9 PRICING Prices should be stated in units of quantity specified in the proposal specifications. In case of a discrepancy, the city reserves the right to make the final determination at the lowest net cost to the City. 2.10 SAFETY STANDARDS The proposer warrants that the product(s) supplied to the City conforms in all respects to the standards set forth in the occupational safety and health act and its amendments. 22 Proposals must be accompanied by materials data safety sheets (M.D.S.S.) when applicable. 2.11 PAYMENTS Payment will be made after commodities/services have been received, accepted, and properly invoiced as indicated in the contract and/or purchase order. Invoices must bear the purchase order number. 2.12 LIABILITY, INSURANCE, LICENSES & PERMITS Where proposers are required to enter onto City of Aventura property or public right of way to deliver materials or to perform work or services as a result of a proposal award, the proposer will assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, inspections, and insurance required. The proposer shall be liable for any damages or loss to the city occasioned by negligence of the proposer (or his agent) or any person the proposer has designated in the completion of his contract as a result of the proposal. Contractor shall be required to furnish a certified copy of all licenses, certificates of competency or other licensure requirements necessary to perform services hereunder as required by Florida State Statute, Florida Building Code, Miami-Dade County, or City of Aventura Code, if any. These documents shall be furnished to the City along with the proposal response. Failure to furnish these documents or to have required licensure will be grounds for rejecting the proposal and forfeiture of the bid bond. The vendor shall furnish to the Finance Director, City of Aventura, 19200 W. Country Club Drive, Aventura, FL. 33180, certificate(s) of insurance, which indicate that insurance coverages comply with Section 13.1 under Special Conditions of this proposal. 2.13 COUNTY LICENSE No bid may be submitted or awarded unless the proposer has a Miami-Dade County license under County Code Section 30-462. 2.14 COMPLIANCE WITH LAW Proposer shall conduct its operations in compliance with all applicable federal, state, county and local laws in providing any services hereunder. 2.15 ASSIGNMENT The contractor shall not transfer or assign the performance required by this proposal without prior written consent of the City of Aventura. Any award issued pursuant to this proposal invitation, and monies which may be payable by the City, are not assignable except with prior written approval of the City of Aventura. 23 2.16 AWARD OF PROPOSALS: The City of Aventura reserves the right to accept or reject any and/or all proposals or parts of proposals, to workshop or negotiate any and all proposals, to waive irregularities, and to request new proposals on the required materials or services. The City also reserves the right to award the contract on a split order basis, group by group or item by item, or such combination as will best serve the interests of the City unless otherwise stated. The City also reserves the right to waive minor variations to the specifications (interpretation of such to be made by the applicable department personnel). Final determination and award of proposal (s) shall be made by the City Commission. 2.17 EVALUATION OF PROPOSALS The City, at it's discretion, reserves the right to inspect any/all proposers facilities to determine their capability of meeting the City's needs. 2.18 DISQUALIFICATION OF PROPOSERS A Proposer may be disqualified temporarily or permanently and his/her proposal(s) rejected for: A. Poor performance or default, in the City's opinion, on previous contracts with the City. B. Poor performance or default, in the City's opinion, on previous contracts with other public entities. C. Insufficient financial or company size, in the City's opinion, to perform the requirements of the contract. 2.19 IDENTICAL (TIE PROPOSALS) Shall be awarded by the City in compliance with Florida State Statutes providing for a drug free workplace and also the City of Aventura Ordinance #96-07; that is, in the event of an identical tie bid, a preference shall be given to a business having a drug free workplace under Florida State Statute 287.087, as amended. Failure to provide proof of compliance when requested shall be just cause for rejection of the proposal as determined by the City, holding the City harmless for such rejection. 2.20 PREFERENCE TO LOCAL BUSINESSES Pursuant to Section 1,(G), of Ordinance No. 96-07, "businesses located within the (corporate limits) of the City of Aventura. . . shall receive a preference bonus of 10% or 10 points during the tabulation of bid proposals". 2.21 HOLD HARMLESS 24 All proposers shall hold the City, it's officials and employees harmless and covenant not to sue the City, it's officials and employees from their decisions to reject, award or not award a proposal, as applicable. 2.22 CANCELLATION Failure on the part of the vendor to comply with the conditions, specifications, requirements, and terms as determined by the City, shall be just cause for cancellation of the award, with the vendor holding the City harmless. 2.23 DISPUTES If any dispute concerning a question of fact arises under this contract, other than termination for default or convenience, the contractor and the city department responsible for the administration of the contract shall make a good faith effort to resolve the dispute. If the dispute cannot be resolved by agreement, then the department with the advice of the City Attorney shall resolve the dispute and send a written copy of its decision to the contractor, which shall be binding on both parties. 2.24 NONCONFORMANCE TO CONTRACT: The City of Aventura may withhold acceptance of, or reject items or services which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, items shall be removed within five (5) calendar days by the vendor at his own expense and redelivered at his expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and the City shall have the right to dispose of them as it's own property. Rejection for nonconformance, failure to provide services conforming to specifications, or failure to meet delivery schedules may result in the contractor being found in default. 2.25 DEFAULT PROVISION: In case of default by the proposer or contractor, the City of Aventura may cancel the service agreements, procure the articles or services from other sources and hold the proposer or contractor responsible for any excess costs occasioned or incurred thereby. 2.26 INDEMNIFICATION: The contractor shall indemnify, save harmless, and defend the City of Aventura, it's officers, agents and employees from and against any claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct of the contractor, his agents, servants or employees in the provision of goods or the performance of services pursuant to this proposal and/or from any procurement decision of the City including without limitation, awarding the contract to the contractor. 25 2.27 SECONDARY/OTHER VENDORS: The City reserves the right in the event the primary vendor cannot provide an item(s) or Service(s) in a timely manner (30 minutes) as requested, to contact the second best bidder of this RFP to perform said service. Contractor will provide the City with a fee of $30.00 per call. If the secondary contractor is unavailable, the City reserves the right to seek and obtain other sources without thereby violating the intent of the contract. The secondary vendor shall be required to execute an agreement to provide said secondary vendor services. END OF SECTION 26 SECTION 3 SPECIAL CONDITIONS TOWING, WRECKER AND STORAGE SERVICE RFP #18-10-16-2 3.1 SCOPE: The City of Aventura is accepting sealed proposals for the towing and storage of vehicles. The contractor shall provide for the removal, impounding, and storage of junk vehicles, abandoned vehicles, illegally parked vehicles, non-driveable vehicles at accident scenes, the vehicles of prisoners arrested by the City of Aventura Police Department, or vehicles that are required to be removed or impounded for any reason that arises; from the public rights-of-way or other areas within the city or from other locations as directed by the City of Aventura. The contractor will provide twenty-four hour towing services, 365 days per year. The contractor will supply the City with priority services. The contractor will be given first call for all wrecker services requested by the City unless a motorist makes a specific request for another wrecker. The City reserves the right to request another wrecker service in an emergency situation. The contractor shall charge for the tow and/or storage of any vehicle directly to the owner or operator thereof, and not to the City, in accordance with the City approved rate schedule. Vehicles towed and/or stored under the provisions of this contract shall only be taken to the approved storage location or to a location approved in writing by the owner. The contractor shall charge the same amount pursuant to this contract for vehicles towed in and out of the storage compound. 3.2 INITIAL CONTRACT PERIOD AND CONTRACT RENEWAL The initial contract shall be for a period of three (3) years from execution of the agreement. In addition, the City reserves the right to renew the contract for two (2) additional one year periods, providing that both parties agree that all terms, conditions and specifications remain the same, contingent upon approval by the City Manager and the City Commission of the City of Aventura. 3.3 PROHIBITION AGAINST OTHER BUSINESSES The contractor shall not engage directly or indirectly or through a subsidiary or other entity in the automobile paint and body repair business or salvage, junkyard or auto recycling. Further, the contractor shall not undertake any repairs to, or remove any part or parts from, any vehicle towed or stored pursuant to the provisions herein. Contractor also agrees that during the term of the agreement, contractor shall have no financial ties to a body shop/auto repair shop and will not accept any compensation for referral work on towed vehicles. The contractor agrees to refrain from soliciting any referrals from any auto body and/or repair facilities. 27 3.4 NO CONTINGENT FEE Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure the agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the contractor, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making the agreement. For the breach or violation of this provision, the City shall have the right to terminate the agreement, without liability, at its discretion. 3.5 ATTORNEY'S FEES If the City incurs any expense in enforcing the terms of the agreement whether suit be brought or not, contractor agrees to pay all such costs and expenses including, but not limited to, court costs, interest, and reasonable attorney's fees. 3.6 ADDENDA, CHANGES OR INTERPRETATIONS DURING BIDDING Any inquiry or request for interpretation received five (5) or more days prior to the date fixed for the opening of the proposals will be given consideration. All such changes or interpretations will be made in writing in the form of an addendum and, if desired, will be mailed or sent by available means to all known prospective proposers not later than the established proposal opening date. Each prospective proposer shall acknowledge receipt of such addenda by including it in the proposal form. In case any proposer fails to include such addenda or addendum, his proposal will nevertheless be considered as though it had been received and acknowledged and the submission of his proposal will constitute acknowledgement of the receipt of same. All addenda are a part of the contract documents and each proposer will be bound by such addenda, whether or not received by him. It is the responsibility of each prospective proposer to verify that he has received all addenda issued before proposals are opened. Any questions regarding the specifications may be directed to the Finance Department, Indra Sarju, Purchasing Agent, located at 19200 W. Country Club Dr., Aventura, FL 33180, (305) 466-8925. Under no circumstances will the City accept facsimile transmissions in lieu of a sealed proposal. Any proposals received in the above manner will be deemed unresponsive and a "no proposal" will be entered for the proposer. 3.7 BASIS OF AWARD: Award will be made to the most responsive and responsible proposer. Evaluation criteria, in addition to those contained in Sections 2.17 through 2.20 of the General Conditions, are the amount of the Exclusive Service fee proposed, quantity and quality of equipment and size, location, and appropriate layout of storage facility, and the overall ability to perform the services requested. 28 3.8 BONDS: The proposer must include a bid bond in the amount of five percent (5%) of the yearly exclusive service agreement fee proposed. Such bond may be in the form of a certified or cashier's check or security bond in the form shown as Appendix 1 to this RFP. In addition, the successful bidder shall furnish a performance bond in the amount of 100% of the yearly Exclusive Service Agreement Fee with the City of Aventura as the obligee, as security for the faithful performance of the contract. The bond shall be issued by a satisfactory surety company authorized to do business in the State of Florida and be in the form shown as Appendix 2 to this RFP. 3.9 BID SECURITY FORFEITED, LIQUIDATED DAMAGES: Failure to execute a contract in the form prepared by the City and file an acceptable performance bond as provided herein within ten (10) days after written notice of award has been given shall be just cause for the annulment of the award by the City and the forfeiture of the bid security to the City, which forfeiture shall be considered not as a penalty, but in liquidation of damages sustained. Award may then be made to the next best responsible proposer or all proposals may be rejected, as best meets the needs of the City. 3.10 CONTRACT CONTINUITY: In the event services are scheduled to end either by contract expiration or by termination by the City of Aventura (at the City's discretion), it shall be incumbent upon the contractor to continue the service, if requested by the City, until new services can be completely operational. At no time shall this transition period extend more than ninety (90) days beyond the expiration date of the existing contract. 3.11 COMPLAINTS OR DISPUTES The contractor agrees that any complaints received by the City concerning misconduct on the part of the contractor, such as excessive charges, poor business practices, damage to vehicles, etc., will be referred to the office of the Chief of Police or his designee for appropriate action. The contractor agrees to make any complaints concerning the City of Aventura available to the City Manager or his designee for action as required. 3.12 PERSONNEL The contractor shall have a minimum of three years experience in towing any and all types of vehicles, including motor vehicles, truck tractors, trailers, tank trailers, and boat trailers. The contractor shall have qualified trained employees. No less than two operators shall be on duty at all times to avoid delays and be able to respond to a scene within thirty (30) minutes. The contractor shall agree to have in its personnel file, a 29 D.M.V. report on each driver that it updates annually. Contractor agrees to ensure that all drivers' posses a valid commercial drivers license in accordance with the law. It also will ensure that all drivers used on City calls shall be neat, clean, courteous, sober and competent in operating skills. Contractor agrees to be responsible for such drivers. 3.13 RESPONSE TIME The contractor shall respond within thirty (30) minutes with appropriate towing equipment to handle a towing call requested by any authorized representative of the City of Aventura Police Department. If said response time exceeds thirty (30) minutes, said delay may be charge a $30.00 to the contractor. If Contractor is more than 30 minutes late, a charge of $50.00 in incur. In the event that the call for a wrecker is for a non-emergency towing service of a City vehicle, then the response time shall be 45 minutes with appropriate towing equipment to handle the call. If said response time exceeds 45 minutes for a non-emergency tow of a city vehicle, said delay may be punishable by a $50.00 fine charged to the contractor. The enforcement of the fine provisions shall be at the direction and discretion of a city police representative who will take into consideration mitigating circumstances that may have caused the untimely response. The contractor agrees to pay any fines assessed and to reimburse the City within 30 days, for any fees or expenses incurred because of the contractor's failure to respond to a call within the response time period or because of the contractor's inability to respond with sufficient equipment to complete the towing assignment. 3.14 LICENSING The successful proposer shall be licensed and certified by all appropriate State and Local agencies. The contractor shall procure; at it's own expense, all necessary licenses and permits. The contractor shall conform to all applicable laws, regulations, or ordinances of the State, County, and City. 3.15 EQUIPMENT The successful proposer shall provide, maintain and have available at all times a minimum of three tow trucks rated class "A" wreckers, one (1) class "B" wrecker, one (1) class "C" wrecker, and one class "A" or "B" flatbed. All tow trucks shall be equipped as described in the section 3.25 entitled "Minimum Standards". During severe storms and emergencies, the successful proposer will have available one additional tow truck. 3.16 STORAGE The contractor must provide storage for impounded vehicles. The storage area must be of a size to hold a minimum of one hundred vehicles, properly spaced to provide access for removal or addition of vehicles. The storage area must have a durable surface, properly drained and enclosed. No repair work or servicing of vehicles shall be permitted in the storage area. The contractor will provide, on a twenty-four hour basis, attendants and sufficient equipment for immediate response to calls for service from the 30 City of Aventura Police Department or other departments of the City of Aventura. In addition, the contractor will make available adequate personnel to staff the storage compound from 7:00 A.M. to 7:00 P.M., Monday thru Saturday, for the purpose of releasing vehicles to the owners. The contractor further agrees to provide on call personnel to release vehicles between 7:00 P.M. and 7:00 A.M., Monday thru Saturday, and at all times on Sunday and/or holidays. The contractor will not change the storage facility location without written permission from the City of Aventura. Contractor shall provide storage for towed vehicles in the outside enclosure area unless specific written instructions are given for inside storage by the owner of the vehicle or by the attending city official. Cars designated for outside storage shall be charged at the outside storage rate. If the contractor prefers to use inside storage, he shall not charge a higher rate than the outside storage rate. If, in the opinion of the police officer at the scene, the vehicle requires special weather protection, he or she will so note it on the vehicle storage receipt and the contractor shall be required to completely cover the car with a weather proof material and shall be allowed to charge the sum of fifty cents ($.50) per day for this service. 3.17 INSIDE STORAGE Contractor shall furnish inside storage for at least five (5) vehicles which are of a condition that inclement weather could result in damage thereto. Said area shall be enclosed by solid walls, roof and access door. Vehicles stored with a police hold shall be maintained in a designated secure and covered location and not disposed of or released unless authorized by the City of Aventura Police Department. 3.18 CONTRACTOR'S LIABILITY The contractor's liability for a towed vehicle and all personal property contained therein shall commence from the time the wrecker is hooked on to the vehicle to be towed. The contractor shall have his employee, representative, or agent, inventory jointly with a police officer, or owner, or possessor of the vehicle, all personal property in the vehicle(s) (exclusive of any evidence impounded by police) which the contractor is directed to tow. The contractor agrees to assume full responsibility for any articles of personal property left in the vehicle and listed on the property receipt form. The contractor agrees to replace any such articles upon verification of the loss by the Aventura Police Department or other law enforcement agency. ❑ Personal property in the vehicles stored by the contractor shall not be disposed of to defray any charges for towing and storage of vehicles, without a court order. ❑ Contractor shall assume responsibility for theft from, or of, any vehicle stored in the contractor's compound. In the event that the contractor has in his possession a vehicle or personal property that is determined, pursuant to Florida State Statutes, to be abandoned; disposal and/or any transfer of title to the property shall be regulated pursuant to chapter 705, F. S. S. 31 The City reserves the right to cancel a request for services of the contractor at any time, including up to the time of hook-up. The contractor shall agree that the mere response to a service call scene without other action does not constitute a service call for which charges are applicable. 3.19 REPORTS All inventory records of personal property in the vehicles, after any property in the vehicle may have been inventoried and/or impounded by the police department, which have been towed shall be made in triplicate, and signed by the contractor or it's agent. One copy shall be maintained by the contractor as a permanent record, one copy of the inventory shall be given to the owner or operator of the vehicle being towed, if known, or securely attached to the vehicle, and one copy shall be retained by the City of Aventura. The contractor shall maintain such personal property in an appropriate locked room. The contractor will provide to the City of Aventura Police Department a complete and detailed list of the vehicles towed pursuant to this agreement and which have remained on the contractor's lot for a period in excess of ninety (90) days. Information will be provided to the city relating to personal property coming into the contractor's control as a result of this agreement, which has remained in the contractor's control for a period in excess of ninety (90) days. The contractor, immediately upon impounding or removing any vehicle, shall prepare, without charge, a written report of the description of the vehicle, which report shall include: A. Make & Model of the vehicle B. License Number C. Vehicle identification number D. Number of tires E. Condition of vehicle F. Name, address & phone number of towing service G. Towing charges H. Storage charges I. Facility to which vehicle was towed. A copy of the report shall be signed by the contractor and delivered to the Aventura Police Department. The contractor shall comply with Sec. 713.78, Florida Statute. 3.20 INSURANCE The contractor shall purchase and maintain, in full force and effect for the life of the contract, at contractor's sole expense, the following required insurance policies: 32 1. A business automobile policy that covers any auto used in connection with this agreement, regardless of whether the vehicle is owned, rented, hired or borrowed by the contractor. Minimum limits for bodily injury/property damage liability shall be $500,000 per occurrence. 2. A comprehensive general liability policy with minimum coverage limits of $500,000.00 for bodily injury and property damage per occurrence. 3. A comprehensive garage-keepers legal liability policy with minimum combined single limit coverage of $500,000.00 for bodily injury and property damage. 4. A garage liability policy with minimum combined single limit coverage of $500,000.00 for bodily injury and property damage. 5. A worker's compensation and employer's liability policy, which covers all of the contractor's employees to be engaged in work on this contract as specified by, and in accordance with, F.S.S. 440. The City of Aventura shall be named as additional insured on policies listed as 1 - 5 of the contractor's above required policies of insurance. The form and types of coverage and sufficiency of insurer shall be subject to approval of the City Manager. The contractor agrees to indemnify, defend and hold harmless the City of Aventura from and against any and all claims, suits, judgments, executions and/or liabilities as to bodily injuries and/or property damages which arise or grow out of this contract or contractor's performance or operations hereunder. Copies of all policies or certificates of such insurance shall be delivered to the city, and said documentation shall provide for the City to be notified a minimum of thirty (30) days prior to any cancellation, termination, reduction or non-renewal of any required insurance policy. The contractor shall also, upon request by the City, provide copies of all official receipts and endorsements as verification of contractor's timely payment of each insurance policy premium as required by this contract. 3.21 CONTRACTOR'S RELATION TO THE CITY It is expressly agreed and understood that the contractor is in all respects an independent contractor as to all work hereunder, and that the contractor is in no respect an agent, servant or employee of the City of Aventura. This contract specifies the work to be done by the contractor, but the method to be employed to accomplish this work shall be the responsibility of the contractor, unless otherwise provided in the contract. 3.22 OTHER SERVICES 33 Nothing contained in the agreement will prevent the owner or operator of a motor vehicle from calling a wrecker or tow truck of their own choice or requesting that their vehicle be towed to a garage or compound other than that of the contractor. 3.23 REMOVAL OF DEBRIS The contractor agrees that, upon arrival at an accident scene, the tow truck operator will remove from the site, any non-hazardous debris, spilled petroleum products, or unless conditions warrant that the County Fire Department render assistance, as determined by hazardous materials response team. (Usually 10-15 Gallons of material.) All items shall be removed and disposed of in compliance with FSS, ADA, SHA and RCRA guidelines and amendments thereof. 3.24 DISCRIMINATORY PRACTICES The contractor shall not deny service, deny access, or deny employment to any person on the basis of race, color, creed, sex, religion, national origin sexual and/or gender orientation. The company will strictly adhere to the equal employment opportunity requirements and any applicable requirements established by the State of Florida or the Federal Government. 3.25 MINIMUM STANDARDS ALL CLASS "A" TOW TRUCKS ' MUST MEET THE FOLLOWING STANDARDS: A. MINIMUM MANUFACTURE CAPACITY OF 10,000 GVW. B. BOOM CAPACITY OF NOT LESS THAN FOUR (4) TONS. C. POWER WINCH PULLING CAPACITY OF NOT LESS THAN FOUR (4) TONS. D. MINIMUM OF 100 FT. OF 3/8" STEEL CORE CABLE. E. WHEEL LIFT WITH RETRACTED RATING OF NOT LESS THAN 3,500 LBS AND EXTENDED RATIN GOF NOT LESS THAN 2,000 LVS F. DUAL WHEELS. G. TOW SLING OR TOW BAR WITH A SAFE LIFT RATING OF 3,500 LBS CLASS "B" TOW TRUCKS SHALL MEET THE FOLLOWING MINIMUM STANDARDS: A. MINIMUM MANUFACTURE CAPACITY OF 20,000 POUNDS GVW FOR A FLATBED AND 18,000 GVW FOR A WRECKER. B. BOOM CAPACITY OF NOT LESS THAN 6 TONS. C. POWER WINCH PULLING CAPACITY OF NOT LESS THAN 4 TONS. D. MINIMUM OF 200 FT. OF 1/2 INCH STEEL CORE CABLE OR LARGER. E. TOW SLING AND DUEL WHEELS. F. COMMERCIALLY MANUFACTURED HYDRALIC BOOM(S) WITH A MINIMUM TOTAL CAPACITY OF 24,000 POUNDS AND HYDRAULICALLY OPERATED WINCH(ES) WITH A MINIMUM TOTAL WINCHING CAPACITY OF 24,000 POUNDS 34 G. TWO SNATCH BLOCKS; 8 TON RATING. CLASS "C" TOW TRUCKS SHALL MEET THE FOLLOWING MINIMUM STANDARDS: A. COMMERCIALLY MANUFACTURED UNIT WITH A RATED CAPACITY OF NOT LESS THAN 30,000 POUNDS, GVW, INC ACCORDANCE WITH MANUFACTURER'S ID. PLATE B. CAB TO BOGEY DIMENSION OF NOT LESS THAN 144 INCHES C. COMMERCIALLY MANUFACTURER BOOM(S) WITH A MINIMUM TOTAL CAPACITY OF 50,000 POUNDS D. WINCH(ES) WITH A MINIMUM TOTAL WINCHING CAPACITY OF 50,000 POUNDS E. TWO HUNDRED (200) FEET OF 5/8 INCH STEEL CORE CABLE PER WINCH F. UNDER REACH WITH A RETRACTED RATING OF NOT LESS THAN 25,000 POUNDS AND AN EXTENDED RATING OF NOT LESS THAN 12,000 POUNDS G. REAR SUPPORT JACKS OR OUTRIGGERS H. TWO (2) '/2 INCH ALLOY SAFETY CHAINS I. TOW BAR OR TOW-SLING EQUIPPED J. EXTERNAL AIR HOOPUP AND HOSES TO SUPPLY AIR TO DISABLED VEHICLES K. TWO (2) SNATCH BLOCKS, MINIMUM 24,000 POUNDS CAPACITY EACH L. TWO (2) SCOTCH BLOCKS M. SPRING BRAKE — AIR BRAKES N. DUAL WHEELS CLASS "A" OR "B" FLATBED: SHALL BE EQUIVALENT TO CLASS "A" OR "'B" TOW TRUCK IN RESPECT TO EQUIPMENT STANDARD NEEDS. A. GVW OF 11 ,000 LBS. B. WINCH POWER 8,000 LBS. C. DUAL WHEELS 3.26 RADIO COMMUNICATIONS: The contractor will provide all towing vehicles used pursuant to this agreement with two way radio communication systems. The communication shall be between the contractor's base station and all service trucks utilized in providing city towing service. The two-way radios will not be tuned to any city frequencies. 3.27 UNDERWATER DIVER: The contractor shall furnish a certified underwater diver if requested by the Police Department for removal of submerged or partially submerged vehicles. The contractor 35 assumes all claims, liabilities, and expenses incurred by such diver. For every diver, duty time shall be computed from the time of arrival at the scene to the time vehicle or property is rigged and hoisted to dry land. 3.28 CITY DIVER: A city diver shall be used in the event of an emergency situation and the City will be reimbursed by the Contractor at the rate of minimum of $75.00 per hour to a maximum of $100.00 per hour. Any monies reimbursed to the City by the Contractor may in turn be charged back to the Owner. In the event of an emergency situation where a City diver is not available the Contractor shall supply a diver and will charge the owner at $100.00 per hour per diver. In the event of a non-emergency situation, vehicle owner shall be responsible for obtaining the services of a diver and wrecker for removal. Owner shall be given a twenty-four (24) hour period to accomplish removal. If the owner has not accomplished the removal in the time period specified, the contractor shall supply a diver and will charge the owner at $100.00 per hour per diver. 3.29 MISCELLANEOUS EQUIPMENT: All tow trucks must be equipped with an oscillating amber light mounted on top of the tow truck cab. Furthermore, the following equipment must be present on all tow trucks: A. RED LIGHT AND RED REFLECTORS ON THE REAR AND REAR SIDES. B. DOLLIES C. AT LEAST ONE HEAVY DUTY PUSH BROOM AND SHOVEL D. FLOOD LIGHTS ON HOIST E. ONE AXE F. ONE CROW BAR OR PRY BAR G. ONE FOUR-POUND CO2 FIRE EXTINGUISHER OR EQUIVALENT. H. ONE PAIR OF BOLT CUTTERS I. ONE PAIR OF JUMPER CABLES J. ONE FOUR WAY LUG WRENCH K. ONE FLASHLIGHT L. ONE SET OF THREE PORTABLE REFLECTORS M. FIVE THIRTY MINUTE FUSES N. TWO RED FLAGS AT LEAST ONE FOOT BY ONE FOOT IN THE EVENT OF FUEL SPILLS, THE FOLLOWING EQUIPMENT WILL BE NECESSARY: O. ADSORBENT, HYDROPHILIC P. ADSORBENT, HYDROPHOBIC Q. CONTAINERS FOR USED ADSORBENTS 3.30 FINANCIAL ARRANGEMENTS/RATES: 36 The contractor shall collect all towing and storage fees in an amount not to exceed that stated below, from the owner of the vehicle or his authorized representative at the time he makes application for release of the vehicle at the tow yard or other destination. In the event the owners do not apply for release of the vehicle within the statutory period, the Police Department must be notified prior to any procedure to junk or otherwise dispose of the vehicle. Whenever impounded vehicles are claimed by the owner, the owner shall be furnished with an itemized statement of all charges for the impounding of the vehicle. The contractor shall receive from the vehicle owner a receipt and release for the vehicle and all personal property therein and the contractor shall retain the receipt for at least one year. Owner of towed vehicle shall not be charged for any storage fees if owner picks up the vehicle within six 6 hours of being towed. The City of Aventura shall not be responsible or liable to the contractor for nonpayment of any towing or storage fees to the contractor by the owner or operator of the vehicle. The rates shall be as follows and shall remain unchanged during the course of the agreement, including any extension to same. ITEMS DESCRIPTION RATE A. Storage Rates or Charges (Per 24 hour period after the First free six hours) (1) Inside-Interior Storage (a) Motorcycles or Scooters $ 15.00 (b) Any vehicles less than 20 feet in length 31.00 (c) Any vehicle over 20 feet in length 50.00 (2) Outside-Exterior Storage (a) Motorcycles or Scooters $ 15.00 (b) Any vehicles less than 20 feet in length 25.00 (c) Any vehicle over 20 feet in length 44.00 (3) Boat and Trailer (Owner's Unit) (a) Unit under 20 feet in length $ 20.00 (b) Unit 21 feet to 35 feet in length 35.00 (c) Unit over 35 feet in length 45.00 B. TOW RATES, CLASS "A" TOW TRUCKS 1. PASSENGER CARS & SMALL TRUCKS, 37 FIRST 10 MILES OR FRACTION THEREOF $ 116.00 2. EACH ADDITIONAL MILE 3.45 C. TOW RATES CLASS "B" TOW TRUCKS 1 . MEDIUM SIZE TRUCKS FIRST 10 MILES OR FRACTION THEREOF $ 190.00 2. EACH ADDITIONAL MILE 4.18 D. TOW RATES CLASS"C" TOW TRUCKS 1 . HEAVY DUTY TRUCKS, TRACTORS, TRAILER DUMPS, CEMENT MIXERS, GARBAGE PACKERS, ETC. FIRST 10 MILES OR FRACTION THEREOF $ 270.00 2. EACH ADDITIONAL MILE 5.18 E. EXTRA TIME OR LABOR AFTER FIRST 30 MINUTES AT SCENE 1 . CLASS "A" TOW TRUCKS 29.00/HR. 2. CLASS "B" TOW TRUCKS 47.50/HR. 3. CLASS "C" TOW TRUCKS 67.50/HR. 4. FLATBED TOW TRUCKS 86.25/HR. BIDDERS PLEASE NOTE: Should contractor furnish a wrecker in a higher class than the one required for a particular class of vehicle, the only charges that would be authorized are those for the proper class of wrecker for the vehicle being towed. If the contractor chooses to use a flatbed in place of a wrecker, the only charge authorized shall be that listed for the applicable class of vehicle towed. G. WINCHING FROM SAND: OVER 50 FEET SHALL BE AT OWNERS REQUEST OR AT SPECIFIC AUTHORIZATION FROM THE CITY. 1 . MOTORCYCLES OR SCOOTERS 25.00 PLUS 50.00/HR/REMOVAL 2. CARS & SMALL TRUCKS 50.00 PLUS 50.00/HR/REMOVAL 3. TRUCKS OVER 3/4 TON 75.00 PLUS 50.00/HR/REMOVAL 4. SEMI-TRUCKS, BUSES, HOUSE TRAILERS 100.00 PLUS 50.00/HR/REMOVAL H. TURNOVER SURCHARGE: 38 1 . MOTORCYCLES OR SCOOTERS NO CHARGE 2. CARS AND SMALL TRUCKS 25.00 PLUS 50.00/HR/REMOVAL 3. TRUCKS OVER 3/4 TON 50.00 PLUS 50.00/HR/REMOVAL 4. SEMI TRUCKS, BUSES, HOUSE TRAILERS 75.00 PLUS 50.00/HR/REMOVAL I. REMOVAL FROM WATER: 1 . MOTORCYCLES OR SCOOTERS 65.00 PLUS 50.00/HR/REMOVAL 2. CARS AND SMALL TRUCKS 125.00 PLUS 50.00/HR/REMOVAL 3. TRUCKS OVER 3/4 TON 155.00 PLUS 50.00/HR/REMOVAL 4. SEMI-TRUCKS, BUSES, HOUSE TRAILERS 150.00 PLUS 50.00/HR/REMOVAL J. UNDER WATER RESOURCE RECOVERY: SALVAGE DIVERS 143.75/HR 1 . Each additional 15 minutes 36.25 K. UNLOCKING DOORS WITHOUT KEYS 35.00 L. TIRE CHANGE 35.00 M. ASSISTED START 35.00 N. ADMINISTRATIVE FEES 35.00 An Administrative Fee shall be charged by towing companies to notify vehicle owner about towed and stored vehicles. Vehicle owner shall be notified within 24 hours about recovered vehicle, not including weekends or holidays. The Administrative Fee will cover expenses such as notification, advertisement, Division of Motor Vehicles Check, Computer Expense, Postage, Miscellaneous, etc... O. DISABLED CALLS: MINIMUM CHARGE WHEN TOW NOT REQUIRED 25.00 3.31 CITY OWNED VEHICLES 39 City owned and non-owned vehicles operated by employees on City business will be towed twenty-four hours a day without charge, from any location in Dade or Broward Counties, upon request of the appropriate City officials. 3.32 CHANGE OF TIRES The contractor agrees to respond to requests from the Police and City Departments to change vehicle tires where necessary. The contractor's responsibility for change of tires shall be at any time. There shall be no charge by the contractor for changing Police or City vehicle tires. END OF SECTION 3 40 CITY OF AVENTURA REQUEST FOR PROPOSALS TOWING, WRECKER AND STORAGE SERVICE RFP# 18-10-16-2 PROPOSALFORM I hereby propose to furnish the goods and services specified in the Request for Proposal. I agree that my proposal will remain firm for a period of 180 days after opened by the City in order to allow the City adequate time to evaluate the proposals. I certify that all information contained in this proposal is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this proposal on behalf of the Company named as Proposing Company and that said Company is ready, willing and able to perform if awarded the contract. I further certify, under oath, that this proposal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a proposal; no officer, employee or agent of the City of Aventura or any other proposer has an interest in said proposal. Furthermore, I certify that the undersigned executed this Proposal Form with full knowledge and understanding of matters therein contained and was duly authorized to do so. Further, I certify that no officer or owner of the Company shall, either individually or as a beneficial shareholder of a particular corporation, directly or indirectly, own, manage, operate, join, control or participate in the ownership, operation or control of a motor vehicle body shop, repair shop, or related motor vehicle maintenance operation during the term of the Towing and Wrecker Service Agreement. I also certify that the Company's sole and only business is the towing and storage of motor vehicles as contemplated by the Specifications for Towing and Wrecker Service. Addendum # Dated Addendum # Dated Addendum # Dated Attached hereto are the following forms/documents which form a part of this proposal: Attachments A. Exclusive Service Agreement Fee Proposal Form No Bid or Proposal Response B. Agency Reference List B-1 Other References C. Vehicle & Equipment List 41 D. Storage Compound Information E. Proposer's Qualifications Form F. Proposal Exception Form G. Indemnification Clause H. Sworn Statement Pursuant to Section 287.133 (3)(a), Florida Statutes I. Business Entity Affidavit J. Scrutinized Companies Pursuant to Section 287.135, F.S. NAME OF BUSINESS SIGNATURE NAME & TITLE, TYPED OR PRINTED MAILING ADDRESS CITY, STATE, ZIP CODE TELEPHONE NUMBER FAX NUMBER EMAIL ADDRESS STATE OF ) ) SS COUNTY OF ) The foregoing instrument was sworn to and subscribed before me this day of , 20 by who is personally known to me or produced as identification. NOTARY PUBLIC, State of Print Name: Commission No.: Commission Expires: SEAL (if Corporation) 42 CITY OF AVENTURA REQUEST FOR PROPOSALS TOWING, WRECKER AND STORAGE SERVICE RFP#18-10-16-2 PROPOSAL FORM CERTIFICATE (if Corporation) STATE OF ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Board of Directors of the a corporation existing under the laws of-the-State of held on 20 , the following resolution was duly passed and adopted: RESOLVED, that, as of the Corporation, be and is hereby authorized to execute the proposal dated, , 20 to the City of Aventura from this corporation and that his execution thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of corporation on this the of , Secretary (SEAL) 43 CITY OF AVENTURA REQUEST FOR PROPOSALS TOWING, WRECKER AND STORAGE SERVICE RFP#18-10-16-2 PROPOSALFORM CERTIFICATE (if Partnership) STATE OF ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Partners of the a partnership existing under the laws of-the-State of held on 20 , the following resolution was duly passed and adopted: "RESOLVED, that as of the Partnership, be and is hereby authorized to execute the proposal dated , 20 , to the City of Aventura from this partnership and that his execution of thereof, attested by the shall be the official act and deed of this Partnership." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 Secretary (SEAL) 44 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #18-10-16-2 EXCLUSIVE SERVICE AGREEMENT FEE PROPOSAL FORM Attachment A PROPOSED TOTAL ANNUAL PRICE TO BE PAID TO THE CITY IN QUARTERLY INCREMENTS IN ADVANCE, FOR EXCLUSIVE SERVICE AGREEMENT FOR TOWING, WRECKER AND STORAGE SERVICE FOR THE CITY OF AVENTURA: $ TOTAL EXCLUSIVE SERVICE AGREEMENT FEE FOR EACH TWELVE-MONTH PERIOD 1) I agree to be bound by the schedule of rates contained in the section 3.30 of this RFP for the initial three (3) year term and any extension of the agreement. YES NO 2) I agree to be bound by all terms and conditions contained in this Request for Proposal. YES NO 3) I agree that the yearly Exclusive Service Agreement Fee amount as proposed shall remain in effect for the initial three (3) year term and any extensions of this agreement. YES NO *If "no" to any question, proposer must fully describe their proposed exception on Attachment F. 45 CITY OF AVENTURA "NO BID or PROPOSAL" RESPONSE If your firm is unable to submit a proposal, please complete and return this form prior to date shown for receipt of proposal, and return to: CITY OF AVENTURA We have declined to propose on RFP # 18-10-16-2, for the following reasons: We do not offer this service/product Our schedule would not permit us to perform Unable to meet specifications Unable to meet bond/insurance requirements Specifications unclear (please explain below) Other (please specify below) REMARKS Typed Name and Title Company Name Address Business Phone Fax Number Email Address 46 CITY OF AVENTURA TOWING, WRECKER AND STORAGE SERVICE RFP #18-10-16-2 PROPOSAL FORMS AGENCY REFERENCE LIST Attachment B Please list five Governmental Agency contract references for which you have done business within the past five years, if available: Agency Name: Address: City, State, & Zip Code: Contact's Name & Phone #: Email Address: Agency Name: Address: City, State, & Zip Code: Contact's Name & Phone #: Email Address: Agency Name: Address: City, State, & Zip Code: 47 Contact's Name & Phone #: Email Address: Agency Name: Address: City, State, & Zip Code: Contact's Name & Phone #: Email Address: Agency Name: Address: City, State, & Zip Code: Contact's Name & Phone #: Email Address: Attach additional sheets if necessary. If there are less than five agencies listed above, complete Attachment B-1 to bring the total number of references to at least five. 48 CITY OF AVENTURA TOWING, WRECKER AND STORAGE SERVICE RFP #18-10-16-2 PROPOSAL FORMS OTHER REFERENCES Attachment B-1 Please list NAME OF COMPANY, ADDRESS, PHONE NO., AND CONTACT PERSON AT COMPANY of any other Non-Governmental entities for which you have done business within the past five years: Agency Name: Address: City, State, & Zip Code: Contact's Name & Phone #: Email Address: Agency Name: Address: City, State, & Zip Code: Contact's Name & Phone #: Email Address: Agency Name: Address: 49 City, State, & Zip Code: Contact's Name & Phone #: Email Address: Agency Name: Address: City, State, & Zip Code: Contact's Name & Phone #: Agency Name: Address: City, State, & Zip Code: Contact's Name & Phone #: Note: The total number of references contained on Attachments B and B-1 must total at least five. 50 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP# 18-10-16-2 VEHICLE & EQUPMENT LIST Attachment C List vehicles and equipment to be used in accordance with Contract. Group the vehicles and equipment by class and state year, make, condition and ownership information for each. 51 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP# 18-10-16-2 STORAGE COMPOUND INFORMATION Attachment D Proposer shall furnish, as part of the Proposal: Location of Storage Compound: Distance from Aventura: Storage capacity of compound: Outside: Inside: Hours of operation: 52 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP#18-10-16-2 PROPOSER'S QUALIFICATIONS Attachment E (Page 1 of 3) NOTE: This statement of Proposer's Qualification must be completely filled out, properly executed and returned as part of your Proposal. 1. List the true, exact and proper names of the company, partnership, corporation, trade or fictitious name under which you do business and principals by names and titles: Name of Company: Address: Principals: Titles: 2. a. Are you licensed, as may be required, in the designated area(s) of Dade County, Florida? YES NO b. List Principals Licensed: Name(s): Title: Remarks: 3. How long has your company been in business and so licensed? 53 PROPOSER'S QUALIFICATIONS Attachment E (Page 2 of 3) 4. If Proposer is an individual, corporation or a partnership, answer the following: a. Date of Organization b. Name, address and ownership units of all partners: c. State whether general or limited partnership: d. State whether a corporation Date and place of incorporation If Proposer is other than an individual, corporation or partnership, describe the organization and give the name and address of principals. 5. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 6. How many years has your organization been in business under its present business name? a. Under what other former names has your organization operated? 7. a. Has your company ever failed to complete a bonded obligation or to complete a contract? YES NO a If so, give particulars including circumstances, where and when, name of bonding company, name and address of City and disposition of matter: 54 PROPOSER'S QUALIFICATIONS Attachment E (Page 3 of 3) b. Are you now or in the past five years been involved as a defendant in litigation concerning the performance of your company operations? If so list: 8. a. List the pertinent experience of the key individuals of your organization; (continue on insert sheet, if necessary). b. State the name of the individual(s) who will have personal supervision of the work: 9. List name and title of persons in your company who are authorized to enter into a contract with the City of Aventura, Florida for the proposed work should your company be the successful Proposer. Name Title 10. Describe your Company's experience in providing services to other police agencies similar to the comprehensive service to be provided herein. 55 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP# 18-10-16-2 PROPOSAL EXCEPTION FORM Attachment F (see Attachment A) The Company wishes to take exception to the following items: Paqe Item Costs 56 INDEMNIFICATION CLAUSE Attachment G RFP # 18-10-16-2 The Contractor shall indemnify, defend and hold harmless the City Commission, the City of Aventura and their agents and employees from and against all claims, damages, losses and expenses (including attorney's fees) arising out of or resulting from the contractor's performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or damage on destruction of property including the loss of use resulting therefrom, and (2) is caused in whole or in part by any breach or default by Contractor or negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless or whether or not it is caused in part by a party indemnified hereunder. Proposer's Name Signature Date STATE OF FLORIDA COUNTY OF DADE SWORN TO AND SUBSCRIBED before me, the under signed authority, who, after first being sworn by me, affixed his/her [name of individual signing] signature in the space provided above on this day of 20 NOTARY PUBLIC 57 SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES Attachment "H" THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to the CITY OF AVENTURA, FLORIDA By: (print individual's name and title) For: (print name of entity submitting sworn statement) whose business address is: and (if applicable) its Federal Employer Identification Number (FEIN) is: (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement.- 2. tatement.2. 1 understand that a ""public entity crime" as defined in Paragraph 287.133 (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations. 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or non contendere. 4. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers' directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted 58 of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. 1 understand that a "person" as defined in Paragraph 287.133(1) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, and partners. Shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement, which I have marked below, is true in relations to the entity submitting this sworn statement. (Indicate which statement applies). ❑ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ❑ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ❑ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list (attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Signature Sworn to and subscribed before me this day , 200_ Personally known OR Name of Notary Produced identification Notary Public — State of 59 BUSINESS ENTITY AFFIDAVIT (VENDOR/BIDDER DISCLOSURE) Attachment "I" I, being first duly sworn State: The full legal name and business address of the person(s) or entity contracting or transacting business with the City of Aventura ("City") are (Post Office addresses are not acceptable), as follows: Federal Employer Identification Number(If none, Social Security Number) Name of Entity, Individual, Partners or Corporation Street Address Suite City State Zip Code OWNERSHIP DISCLOSURE AFFIDAVIT 1. If the contact or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5%) or more of the corporation's stock. If the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. All such names and addresses are (Post Office addresses are not acceptable), as follows: Full Legal Name Address Ownership 60 The full legal names and business address of any other individual (other than subcontractors, material men, suppliers, laborers, or lenders) who have, or will have, any interest (legal equitable, beneficial or otherwise) in the contract or business transaction with the City are (Post Office addresses are not acceptable), as follows: Signature of Affiant Date Print Name Sworn to and subscribed before me this day of 20 Personally known OR Notary Public Produced identification Notary Public — State of My Commission expires: Type of identification Printed, typed or stamped commissioned 61 Attachment "J" SCRUTINIZED COMPANIES PURSUANT TO SECTION 287.135, FLORIDA STATUES The undersigned Proposer in accordance with Section 287.135, Florida Statutes, hereby certifies that: 1. Proposer is not participating in a boycott of Israel; 2. Proposer is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; 3. Proposer does not have business operations in Cuba or Syria. Signature (Blue ink only) Print Name Title Date STATE OF FLORIDA ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2017, by as (Name of person acknowledging) (Title) for (Company name) Personally known to me or has produced Identification type of identification produced (NOTARY SEAL HERE) SIGNATURE OF NOTARY PUBLIC PRINT, TYPE/STAMP NAME OF 62 APPENDIX 1 63 BID BOND STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and as Surety, are held and firmly bound unto the City of Aventura, a municipal corporation of the State of Florida in the sum of Dollars ($ ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid, dated , 20 for: Custodial Service for Government Center. WHEREAS, it was a condition precedent to the submission of said Bid that a cashier's check or Bid Bond in the amount of five percent (5%) of the Base Bid be submitted with said Bid as a guarantee that the BIDDER would, if awarded the Contract, enter into a written Contract with the City for the performance of said Contract, within ten (10) consecutive calendar days after written notice having been given of the Award of the Contract. NOW, THEREFORE, the conditions of this obligation are such that if the Principal within ten (10) consecutive calendar days after written notice of such acceptance, enters into a written Contract with the City of Aventura and furnishes the Performance and Payment Bonds, satisfactory to the City, each in an amount equal to one hundred percent (100%) of the Contract Price, and provides all required Certificates of Insurance, then this obligation shall be void; otherwise the sum herein stated shall be due and payable to the City of Aventura and the Surety herein agrees to pay said sum immediately, upon demand of the City, in good and lawful money of the United States of America, as liquidated damages for failure thereof of said Principal. IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals this day of , 20 , the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. 64 IN PRESENCE OF: (Individual or Partnership Principal) (Impress Seal) (Business Address) (City/State/Zip) (Business Phone) (Business Facsimile) ATTEST: Secretary (Corporate Surety)* By: *Impress Corporate Seal IMPORTANT Surety companies executing bonds must appear on the Treasury Department's most current list (circular 570 as amended) and be authorized to transact business in the State of Florida. 65 APPENDIX 2 66 FORM OF PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, as Principal, hereinafter called Contractor, and as Surety, are bound to the City of Aventura, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ )for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: --------, awarded the day of , 20 , with City for in accordance with specifications set forth in the Bid documents, which Contract is by reference made a part hereof, and is hereafter referred to as the Contract; THE CONDITION OF THIS BOND is that if the Contractor: 1. Fully performs the Contract between the Contractor and the City for Towing, Wrecker and Storage Service, after the date of Contract commencement as specified in the RFP Documents and in the manner prescribed in the Contract; and 2. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of Contractor), expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that City sustains because of default by Contractor under the Contract; and 3. Upon notification by the City, corrects any and all defective or faulty Work or materials which appear within twenty-four (24) hours, and: 4. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void, otherwise it remains in full force. Whenever Contractor shall be, and declared by City to be, in default under the Contract, the City having performed City's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 4.1 Complete the Contract in accordance with its terms and conditions; or 4.2 Obtain a Bid or Bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the best, lowest, qualified, responsible and responsive BIDDER, or, if the City elects, upon determination by the City, and Surety 67 jointly of the best, lowest, qualified, responsible and responsive BIDDER, arrange for a Contract between such BIDDER and City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price." as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this Bond. Signed and sealed this day of , 20 WITNESSES: (Name of Corporation) By: Secretary (Signature and Title) (CORPORATE SEAL) (Type Name &Title signed above) IN THE PRESENCE OF: INSURANCE COMPANY: By: *(Agent and Attorney-in-Fact) Address: City/State/Zip Code Telephone No.: ( ) * (Power of Attorney must be attached) 68 State of County of On this, the day of 20 , before me, the undersigned Notary Public of the State of the foregoing instrument was acknowledged by (name of corporate officer), (title), of (name of corporation), a (state of corporation)corporation, on behalf of the corporation. WITNESS my hand and official seal Notary Public, State of Printed, typed or stamped name of Notary Public exactly as commissioned ❑ Personally known to me, or ❑ Produced identification: (type of identification produced) ❑ Did take an oath, or ❑ Did not take an oath Bonded by: 69 CITY OF AVENTURA PUBLIC WORKS/TRANSPORTATION DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-C •ity Ma ager BY: Joseph S Kroll, Public orks rans..ortation Director DATE: October 31, 2017 SUBJECT: Resolution Approving Contract for Garland/DBS Incorporated for the Re-roof of the Elementary School Wing of ACES. November 7, 2017 City Commission Meeting Agenda Item U Recommendation: It is recommended that the City Commission approve the attached Resolution awarding a contract for the re-roofing of the Elementary School wing of ACES with Garland/DBS Incorporated. The work will be scheduled over the winter break at the school. Background: During routine inspection of the roof, wet spots and blisters were observed. A roof inspection and moisture test was scheduled recently and performed on the roof and it identified that there are several areas that are wet and leaking. The Elementary School wing is fourteen years old and the existing roof has exceeded its life expectancy. The City utilized a U.S. Communities Government Purchasing Alliance (US Communities) Agreement which takes advantage of the multiple City partners. The benefit of being part of the Cooperative Group is that it gives the City the best competitive pricing and workmanship in that field. The following bids were received from Garland/DBS Incorporated through a US Communities Cooperative Agreement: Better Built Roofs $194,890 PSI Roofing $222,849 Florida Building & Supply $227,144 Certified Roofing Specialist $272,265 City Commission October 31, 2017 Page 2 The roof bid process and specifications were set up by Garland/DBS Incorporated, our Cooperative partner, which meets the City's purchasing requirements. Scope of work, and costs attached as exhibit "A". Contract agreement attached as exhibit "B". Funding: This unanticipated expense will be funded through the Charter School Fund 190 Capital Outlay account No.190.6010.569-6410. A budget amendment utilizing surplus funds will be presented at a later date. JSK/gf JSK17012 RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT TO GARLAND/DBS INCORPORATED, FOR THE RE-ROOFING FOR THE ELEMENTARY WING OF THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR THE INDIVIDUAL BID PRICE CONTAINED IN ATTACHED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACT IN ATTACHED EXHIBIT "B"; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Aventura, Florida has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids through Garland/DBS Incorporated (a U.S. Communities Government Purchasing Alliance) for the re-roofing of the Elementary Wing of the Aventura City of Excellence School; and WHEREAS, sealed bids have been submitted to and received by Garland/DBS Incorporated, (a U.S. Communities Government Purchasing Alliance), invitation to bid/notice to bidders, specifications, proposals and requirements for the project/work as cited above; and WHEREAS, staff has determined that Garland/DBS Incorporated, has submitted the lowest responsible and responsive bid according to and follows the City's purchasing requirements for said project/work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to Garland/DBS Incorporated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: City of Aventura Resolution No. 2017- Section 1. That the agreement for the re-roofing of the Elementary Wing of the Aventura City of Excellence School is hereby approved for Garland/DBS Incorporated, at the bid price as contained in the attached bid documents. Section 2. That the City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the party embodying the terms, conditions, and specifications as set forth in the bid specifications, and bid requirements, and said parties shall execute said prepared contract on behalf of the City. Section 3. That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4. That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Budget Line Item Number 190-6010-569-6410 Charter School Fund 190 Capital Outlay account. 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 Commissioner Howard Weinberg Mayor Enid Weisman Page 2 of 3 City of Aventura Resolution No. 2017-_ PASSED AND ADOPTED this 7th day of November, 2017. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 �xhlbit I/7 Garland/DBS, Inc. 3800 East 91" Street - T Cleveland, OH 44105 Bl Phone: (800) 762-8225 since 1 9 9 5 Fax: (216) 883-2055 ROOFING MATERIAL AND SERVICES PROPOSAL City of Aventura Charter Elementary School 3333 NE 188th St. Aventura, FL 33180 Date Submitted: 10/22/2017 Proposal #: 25-FL-171171 MICPA#14-5903 Florida General Contractor License#: CGC1517248 Purchase orders to be made out to: Garland/DBS, Inc. Please Note: The following budget/estimate is being provided according to the pricing established under the Master Intergovernmental Cooperative Purchasing Agreement(MICPA) with Cobb County, GA and U.S. Communities. This budget/estimate should be viewed as the maximum price an agency will be charged under the agreement. Garland/DBS, Inc. administered a competitive bid process for the project with the hopes of providing a lower market adjusted price whenever possible. Scope of Work: 1. Using the information gathered in the moisture survey, remove all wet insulation down to concrete roof deck (square off). Replace wet/damaged insulation with HPR Torchbase applied over primed concrete deck (vapor barrier), ENRGY 3 insulation of matching height to be applied to vapor barrier using Insul-Lock HR in %" ribbons spaced 17 o.c. Top insulation layer to be Securock primed with ASTM 0-41 at 1 gal per sq. Base ply to be HPR Torchbase. Cap Sheet to be StressPly IV Mineral. MIA DADE NOA# 16-0711.11 pg 14 -220 psf. 2. Flashing Replacement: On existing perimeter and curb flashings, prime surface with Darla-Prime at a rate of .5 gal. per sq. ft. Install one ply of new Stressply IV UV mineral torch cap sheet over existing. 3. Remove counterflashing. Replace with new per details and specification section 3; modify stucco and EFIS accordingly to ensure proper attachment of counterflashing. 4. Address pitch pockets and penetrations per attached details. I-Beams if present are to be flashed with Garland Tuff-Flash per details. 5. Prime the entire roof section with Darla-Prime asphalt primer at a rate of .5 gal. per sq. Allow to dry (30 minutes). 6. Apply Energizer K Plus FR liquid membrane at a rate of 3 gal. per sq. using a notched squeegee. Care should be taken to work in small manageable areas. Do not allow Energizer K Plus FR to sit longer than 5 minutes before installing reinforcement. 7. Install Garland polyester firm reinforcement—run fabric parallel to the low edge using a shingling method up the slope with minimum 3"-4"fabric laps. Use care to lay the fabric tight to the roof surface without air pockets, wrinkles, fishmouths, etc. 8. Apply Energizer K Plus FR liquid membrane at a rate of 3 gal. per sq. ft. using a notched squeegee being sure to apply Energizer about 4"wider than reinforcement ply. 9. Within 5 minutes, immediately broadcast Sunburst roof granules into Energizer at a rate of 60 lbs. per sq. Sand blasting equipment or backpack blowers are required spray granules. Temporarily cover drains to ensure they do not clog. 10. Allow system to dry (5-7 days)then sweep excess granules. 11. Provide Garland 10 year limited warranty (5+5). 12. Provide Contractor 2 year warranty. Line Item Pricing Item St Item Description Unit Price Quantity Unit Extended Price NEW FLASHINGS FOR ROOFING SYSTEMS& RESTORATION OPTIONS:Torch Applied Flashings- Minimum 1 Ply of Torch Base and Torch Mineral Cap Sheet;Torch Applied: FLASHING OPTION:- 20.20.01 BASE PLY: SBS Modified Polyester/Fiberglass Reinforced Base Torch Applied Flashing Ply-80 Ibf/inch tensile(ASTM D 5147);TOP PLY: ASTM D 6162 SBS Fiberglass/Polyester Reinforced Modified Bituminous Sheet Material Type III- 300 lbf/in Tensile Torch Applied Membrane $ 17.86 2,000 SF $ 35,720 RESTORATIONS-RECOATING OF EXISTING ROOF SYSTEMS:ELASTOMERIC ASPHALT- BASED LIQUID APPLIED MEMBRANE SYSTEM FOR SMOOTH OR MINERAL SURFACED ROOFS Power Wash and Prime then Install Base Coat I Top Coat as Specified with Reinforced Seams- 15.31 Restoration Coating Fully Reinforced System w/ Reflective Top Coat(3 Gallons per Sq.of Restoration Coating-Reinforcement-Additional 3 Gallons per Sq.of Restoration Coating;Allow 30 Day Cure and Install Reflective Coating at 1 Gallon per Sq. (New Flashings also Required Refer to Flashing Line Item) $ 5.26 25,000 SF $ 131,500 Metal Stretch-Out: .032 Aluminum Counter Fleshing with Five(5)Bends $ 7.88 964 LF $ 7,596 Sub-Total Prior to Multipliers: $ 174,816 JOB SITE SPECIFIC MULTIPLIERS APPLIED TO EACH LINE ITEM ON ASSOCIATE JOB: MULTIPLIER- ROOF HEIGHT IS GREATER THAN 2 STORIES EQUAL TO OR LESS THAN 5 22.21 STORIES Multiplier Applied when the Roof Height Exceeds 2 Stories, but is Equal to or Less than 5 Stories. Situation Creates the Need for Additional Safety Protection and Increased Crane Work. 25% % $ 43,704 TOTAL: $ 218,520 Total Maximum Price of Line Items under the MICPA: $ 218,520 Proposal Price Based Upon Market Experience: $ 194,890 Garland/DBS Price Based Upon Local Market Competition: Better Built Roofs 11111 $ 194,890 PSI Roofing $ 222,849 Florida Building & Supply $ 227,144 Certified Roofing Specialists $ 272,265 Potential issues that could arise during the construction phase of the project will be addressed via unit pricing for additional work beyond the scope of the specifications. This could range anywhere from wet insulation, to the replacement of deteriorated wood nailers. Proposal pricing valid through 12/31/2017. Clarifications/Exclusions: 1. Sales and use taxes are excluded. Please issue a Tax Exempt Certificate. 2. Permits are excluded. 3. Bonds are included. 4. Plumbing, Mechanical, Electrical work is excluded. 5. Masonry work is excluded. 6. Temporary protection is excluded. 7. Prevailing Wages are excluded. 8. Any work not exclusively described in the above proposal scope of work is excluded. If you have any questions regarding this proposal. please do not hesitate to call me at my number listed below. Respectfully Submitted, Vicat E940 Matt Egan Garland/OBS, Inc. (216) 430-3662 it (1,-) (21+ 13 CONTRACT Project#25-FL-171171 BETWEEN CITY OF AVENTURA OF MIAMI-DADE COUNTY, AND GARLAND/DBS, INC.FOR THE AVENTURA CHARTER SCHOOL ELEMENTARY WING ROOF PROJECT. 1.) This CONTRACT is made at Cleveland,OH, as of the 1st clay of November 2017 ("Effective Date"), by and between City of Aventura in Miami-Dade County located at 19200 West Country Club Drive, Aventura, FL 33180 (hereinafter designated the "CUSTOMER"), and Garland/DBS, Inc., located at 3800 East 91 Street, Cleveland, Ohio 44105-2197, (216)641-7500 (hereinafter designated the"CONTRACTOR"). 2.) The CONTRACTOR shall furnish all material, labor, equipment, and tools necessary for the Aventura Charter School Elementary Wing located in Aventura,FL as well as all work incidental and pertinent thereto, (hereinafter designated the "Project") all in accordance with the Purchase Order/Contract (hereinafter designated the "Purchase Order"); and the original proposals dated 10/23/2017, submitted by the CONTRACTOR (hereinafter together designated the "Specifications'), a copy of which is attached hereto as Exhibit A and incorporated herein. In the event of any conflict, ambiguity, or inconsistency between the terms contained in this CONTRACT and the Exhibits, the terms set forth in this CONTRACT shall govern and control. 3.) The term of the CONTRACT shall begin on the Effective Date first written above, and shall be completed 90 days thereafter, unless sooner terminated as permitted herein, or unless extended by agreement of the parties set forth in writing. The work shall commence within ten(10)days from the date that CONTRACTOR receives a copy or original of the fully executed CONTRACT, which receipt shall be considered Notice to Proceed. The CONTRACTOR is required to submit to the CUSTOMER a Certificate of Insurance and Performance and Payment bonds prior to commencing work. In addition, the work shall be scheduled as agreed upon by the parties. 4.) The sums to be paid to the CON'T'RACTOR shall be at the bid price(s) shown on the Specifications (Exhibit B), and the total to be paid to CONTRACTOR shall be a maximum of$194,890.00, as set forth in the purchase order and Exhibit A. Invoices shall provide details of all Project expenses as permitted in this CONTRACT. CONTRACTOR shall apply no late charges, interest or penalties to any invoice or charges for services until 30 days from the CUSTOMER receipt of the invoice. If this CONTRACT is terminated for convenience for any reason,then the CONTRACTOR shall be paid pro rata for all services performed, materials purchased, and administrative costs incurred, including lost profit,to the effective date of termination. 5.) If the CUSTOMER wishes to terminate the CONTRACTOR for cause due to the failure of CONTRACTOR to perform as required under this CONTRACT and/or in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances, then the CUSTOMER must I of6 provide the CONTRACTOR with written notice of said failure to perform. The CUSTOMER must give ten (10) working days from the CONTRACTOR's receipt of the Notice to Cure for the CONTRACTOR to cure or take reasonable action to commence to cure the performance concerns specified. If the CONTRACTOR does not take appropriate action within the ten(10)day period,the CUSTOMER may issue a Final Notice to Cure. The CONTRACTOR will have an additional five(5)working days from the receipt of the Notice to Cure to cure or take reasonable action to commence to cure before the CUSTOMER can terminate the CONTRACT. If the CONTRACTOR is terminated for cause,the CUSTOMER may provide or employ any necessary labor and materials in lieu of CONTRACTOR to finish part or all of the work under the CONTRACT or to supplement the work of CONTRACTOR, and to deduct the cost thereof from any money, then due or thereafter to become due to the CONTRACTOR; and if such cost shall exceed the balance due to CONTRACTOR, then the CONTRACTOR shall pay the difference to the CUSTOMER. 6.) The CUSTOMER may issue subsequent modifications to the Purchase Order(s) for additional work that was not known or included in the Specifications that is found to be needed during the work on the Project to complete the Project over and above the amount set forth in this paragraph four (4)and in Exhibit A. CONTRACTOR must seek approval from the CUSTOMER before performing any additional work. The CUSTOMER must provide the CONTRACTOR written documentation of the modification to the Purchase Order within three(3)business days of verbal approval. CONTRACTOR is not obligated to perform additional work until written modification has been received from the CUSTOMER, but may commence work based upon a reasonable assumption that written modification will be issued. Incidental additional work performed by the CONTRACTOR without CUSTOMER consent will be evaluated and considered for payment based upon the work's merit. If the CUSTOMER determines the incidental additional work was not included in the original scope of the project and required for the CONTRACTOR's uninterrupted performance in fulfillment of the contract, then the CUSTOMER will approve the CONTRACTOR's request for payment for incidental additional work. 7.) All the work done under this CONTRACT shall be performed under the oversight of Joseph Kroll,the CUSTOMER'S representative. All notices hereunder shall be (a) in writing; (b) delivered to the representatives of the parties at the addressees set forth in the Specifications(Exhibit A), unless changed by either party by notice to the other party; and (c)effective upon receipt. 8.) The CONTRACTOR shall furnish the CUSTOMER with a performance or contract bond and a labor and material bond, each in the amount of$194,890.00, a Certificate of Workers' Compensation, and a Certificate of Insurance evidential of comprehensive general liability insurance and property insurance with minimum coverage in amounts reasonable to or exceeding what is normally expected for a comparable project in size and scope. Further, said Certificate of Insurance shall name the City of Aventura, Florida as an additional insured. Said Certificate of Insurance shall also provide that at least thirty (30)days written notice shall be given to the CUSTOMER of any material change in, or cancellation of, said insurance. 2 of 6 9.) Should the CONTRACTOR at any time refuse or neglect to supply a sufficiency of properly skilled workers or materials of the proper quality, or fail in any respect to prosecute the work herein described with promptness and diligence,or fail in the performance of any of the agreements contained herein, the CUSTOMER shall have the right to immediately suspend all work, or any part thereof under this CONTRACT, upon the CUSTOMER's issuance of a stop work notice to the CONTRACTOR and the CONTRACTOR's confirmed receipt of the stop work notice. The work shall continue to be suspended until such time as the CUSTOMER and CONTRACTOR have come to a mutual agreement on how the work under the CONTRACT shall proceed. Should the CONTRACTOR continue to refuse or neglect to supply a sufficiency of properly skilled workers or materials of the proper quality,or fail in any respect to prosecute the work herein described with promptness and diligence, or fail in the performance of any of the agreements contained herein, then the CUSTOMER may, after following the procedures listed in Section 5 above, terminate the CONTRACT for cause. 10.) The CONTRACTOR shall indemnify, save harmless,and defend the CUSTOMER from and against all losses, claims, demands, payments, suits, actions, recoveries, and judgments of every nature and description, made, brought, or recovered against the CUSTOMER by reason of any negligent act or omission of the CONTRACTOR, its agents, its subcontractors, or its employees, in the execution of the work herein contracted for. I I.) The CONTRACTOR has the right to request and be granted a Termination for Convenience from the CONTRACT obligations if there is a joint determination from both the CUSTOMER and the CONTRACTOR that the termination is in the best interests of both parties, or if the CONTRACTOR believes the Termination for Convenience to be in its best interests because a timely resolution, within ten (10) days from the CUSTOMER'S receipt of written notification, will not be provided with regard to requests for information (RFI), request for clarification, or requests for modification to the Purchase Order(s) due to differing site conditions, vague Specifications, or unforeseen circumstances. Under a Termination for Convenience, the CONTRACTOR shall be reimbursed for all justifiable costs including price of supplies, services delivered, and administrative expenses, including lost profit under the CONTRACT or Purchase Order. 12.) This CONTRACT shall be deemed to contain all the terms and conditions agreed to between the parties,who both agree that no representations or promises of any kind whatsoever have been made other than herein contained, and this CONTRACT shall be binding upon both parties and their respective heirs, administrators, executors, successors, and assigns. 13.) This CONTRACT is contingent upon receipt of a written purchase order from CUSTOMER. All terms must be agreed upon by both parties. 14.) CUSTOMER shall have the right to approve all subcontracts or assignments of work equal to or exceeding$10,000. CUSTOMER shall not unreasonably withhold, delay or condition subcontracting or assignments, but may express final and binding disapproval of a 3 of 6 proposed assignee or subcontractor. Should the CONTRACTOR be forced to choose a different subcontractor/assignee that is of higher cost than the initial subcontractor/assignee, due to the CUSTOMER's disapproval, the CONTRACTOR shall be able to request and will receive approval from the CUSTOMER for a modification to the CONTRACT to cover the additional cost. CONTRACTOR shall remain responsible for the work of any agent or independent contractor to whom it assigns its Work, and any assignment or subcontract shall incorporate the terms of this Contract into its contract delegating its Work. 15.) If the Project involves construction of a public improvement at a cost exceeding the threshold for payment prevailing wage rates of pay, each laborer,workman or mechanic employed by the CONTRACTOR for performance of the Project herein described or by the subcontractor shall be paid not less than the minimum rate of pay for the applicable pay classification. The CONTRACTOR and their subcontractors who are subject to the requirements of paying prevailing wages shall keep full and accurate payroll records covering all disbursements of wages to their employees to whom they are required to pay not less than the prevailing rate of wages. The CONTRACTOR and its subcontractors shall deliver to the CUSTOMER a certified copy of their respective payrolls, within two weeks of the CUSTOMER's request, for each pay period requested by the CUSTOMER. 16.) Payments to the CONTRACTOR shall be made at the rate of ninety-five percent (95%) of the approved partial payment estimate for each monthly progress billing. The CUSTOMER will retain five percent(5%) of every approved partial payment. The retained amount will be paid to the CONTRACTOR no later than thirty(30) days following Final Acceptance of the work. Upon completion and acceptance of the work, the CUSTOMER shall issue a certificate attached to the final payment request that the work has been accepted by it under the terms, promises and conditions of the CONTRACT. 17.) CONTRACTOR has been employed under this Contract as an independent contractor in order to construct its portion of the Project. CONTRACTOR agrees that no authority has been conferred upon it by CUSTOMER to hire any person(s)on behalf of CUSTOMER, and CUSTOMER undertakes no obligation of any sort to CONTRACTOR's employees or subcontractors. It is understood and agreed that the CONTRACTOR shall select,engage, and discharge its employees, agents, or servants and otherwise direct and control their services. CONTRACTOR will also comply with all laws concerning qualification to do business and engage in the work involved under this CONTRACT and will file all returns and reports required of it and pay all taxes and contributions imposed upon it. 18.) CONTRACTOR agrees not to discriminate against any employee or applicant for employment because of age, race,color, religion, sex, or national origin. 19.) The CUSTOMER shall not be considered to have accepted possession of the work under this CONTRACT until a notice of completion is issued to the CONTRACTOR by the CUSTOMER or CUSTOMER's representative, or payment of the full CONTRACT compensation is received by the CONTRACTOR, unless the Parties otherwise mutually agree. 4 of 6 20.) CONTRACTOR, at all times during its performance of its work under this CONTRACT, shall keep the work site, grounds, and roof tops surrounding the work site free from accumulation of waste materials or rubbish caused by its activities. Upon completion of the work under this CONTRACT,the CONTRACTOR shall promptly remove all its waste materials and rubbish from and about the work site,as well as, its tools, construction equipment, machinery, and surplus materials, as to leave the work site "Broom Clean"or its equivalent. [SIGNATURE PAGE TO FOLLOW] 5 of 6 IN WITNESS WHEREOF, authorized representatives of each party to this CONTRACT, indicating their party's approval of the terms herein, have signed as of the dates set forth below. WITNESSES: GARLAND/DBS,INC. By: 2. Printed Name Title Tax ID. No. Date: WITNESSES: CITY OF AVENTURA, FLORIDA I. By: 2. Date: And By: Date: 6 of 6 Garland/DBS, Inc. 41///a...- 3800 East 91"Street Cleveland, OH 44105 D B S Phone: (800) 762-8225 ->> since 18 9 5 Fax: (216) 883.2055 ROOFING MATERIAL AND SERVICES PROPOSAL City of Aventura Charter Elementary School 3333 NE 188th St. Aventura, FL 33180 Date Submitted: 10/22/2017 Proposal #: 25-FL-171171 MICPA # 14-5903 Florida General Contractor License#: CGC1517248 Purchase orders to be made out to: Garland/DBS, Inc. Please Note: The following budget/estimate is being provided according to the pricing established under the Master Intergovernmental Cooperative Purchasing Agreement(MICPA) with Cobb County, GA and U.S. Communities. This budget/estimate should be viewed as the maximum price an agency will be charged under the agreement. Garland/DBS, Inc. administered a competitive bid process for the project with the hopes of providing a lower market adjusted price whenever possible. Scope of Work: 1. Using the information gathered in the moisture survey, remove all wet insulation down to concrete roof deck (square off). Replace wet/damaged insulation with HPR Torchbase applied over primed concrete deck (vapor barrier), ENRGY 3 insulation of matching height to be applied to vapor barrier using Insul-Lock HR in 'A" ribbons spaced 12" o.c. Top insulation layer to be Securock primed with ASTM D-41 at 1 gal per sq. Base ply to be HPR Torchbase. Cap Sheet to be StressPly IV Mineral. MIA DADE NOA# 16-0711.11 pg 14 -220 psf. 2. Flashing Replacement: On existing perimeter and curb Flashings, prime surface with Garla-Prime at a rate of.5 gal. per sq. ft. Install one ply of new Stressply IV UV mineral torch cap sheet over existing. 3. Remove counterflashing. Replace with new per details and specification section 3; modify stucco and EFIS accordingly to ensure proper attachment of counterflashing. 4. Address pitch pockets and penetrations per attached details. I-Beams if present are to be flashed with Garland Tuff-Flash per details. 5. Prime the entire roof section with Garla-Prime asphalt primer at a rate of .5 gal. per sq. Allow to dry (30 minutes). 6. Apply Energizer K Plus FR liquid membrane at a rate of 3 gal. per sq. using a notched squeegee. Care should be taken to work in small manageable areas. Do not allow Energizer K Plus FR to sit longer than 5 minutes before installing reinforcement. 7. Install Garland polyester firm reinforcement—run fabric parallel to the low edge using a shingling method up the slope with minimum 3"-4"fabric laps. Use care to lay the fabric tight to the roof surface without air pockets, wrinkles, fishmouths, etc. 8. Apply Energizer K Plus FR liquid membrane at a rate of 3 gal. per sq. ft. using a notched squeegee being sure to apply Energizer about 4"wider than reinforcement ply. 9. Within 5 minutes, immediately broadcast Sunburst roof granules into Energizer at a rate of 60 lbs. per sq. Sand blasting equipment or backpack blowers are required spray granules. Temporarily cover drains to ensure they do not clog. 10. Allow system to dry (5-7 days) then sweep excess granules. 11. Provide Garland 10 year limited warranty (5+5). 12. Provide Contractor 2 year warranty. Line Item Pricing Item# Item Description Unit Price Quantity Unit Extended Price NEW FLASHINGS FOR ROOFING SYSTEMS& RESTORATION OPTIONS:Torch Applied Flashings- Minimum 1 Ply of Torch Base and Torch Mineral Cap Sheet;Torch Applied: FLASHING OPTION: - 20.20.01 BASE PLY: SBS Modified Polyester/Fiberglass Reinforced Base Torch Applied Flashing Ply-80 Ibf/inch tensile(ASTM D 5147);TOP PLY: ASTM D 6162 SBS Fiberglass/Polyester Reinforced Modified Bituminous Sheet Material Type III - 300 lbf/in Tensile Torch Applied Membrane $ 17.86 2,000 SF $ 35,720 RESTORATIONS-RECOATING OF EXISTING ROOF SYSTEMS : ELASTOMERIC ASPHALT- BASED LIQUID APPLIED MEMBRANE SYSTEM FOR SMOOTH OR MINERAL SURFACED ROOFS Power Wash and Prime then Install Base Coat/ Top Coat as Specified with Reinforced Seams- 15.31 Restoration Coating Fully Reinforced System w/ Reflective Top Coat(3 Gallons per Sq. of Restoration Coating-Reinforcement-Additional 3 Gallons per Sq.of Restoration Coating;Allow 30 Day Cure and Install Reflective Coating at 1 Gallon per Sq. (New Flashings also Required Refer to Flashing Line Item) $ 5.26 25,000 SF $ 131,500 Metal Stretch-Out: .032 Aluminum Counter Flashing with Five(5) Bends $ 7.88 964 LF $ 7,596 Sub-Total Prior to Multipliers: $ 174,816 JOB SITE SPECIFIC MULTIPLIERS APPLIED TO EACH LINE ITEM ON ASSOCIATE JOB: MULTIPLIER- ROOF HEIGHT IS GREATER THAN 2 STORIES EQUAL TO OR LESS THAN 5 22.21 STORIES Multiplier Applied when the Roof Height Exceeds 2 Stories, but is Equal to or Less than 5 Stories. Situation Creates the Need for Additional Safety Protection and Increased Crane Work. 25% % $ 43,704 TOTAL: $ 218,520 Total Maximum Price of Line Items under the MICPA: $ 218,520 Proposal Price Based Upon Market ExperiencW $ 194,890 Garland/DBS Price Based Upon Local Market Competition: !Better Built Roofs $ 194,$9 PSI Roofing $ 222,849 Florida Building & Supply $ 227,144 Certified Roofing Specialists $ 272,265 Potential issues that could arise during the construction phase of the project will be addressed via unit pricing for additional work beyond the scope of the specifications. This could range anywhere from wet insulation, to the replacement of deteriorated wood nailers. Proposal pricing valid through 12/31/2017. Clarifications/Exclusions: 1. Sales and use taxes are excluded. Please issue a Tax Exempt Certificate. 2. Permits are excluded. 3. Bonds are included. 4. Plumbing, Mechanical, Electrical work is excluded. 5. Masonry work is excluded. 6. Temporary protection is excluded. 7. Prevailing Wages are excluded. 8. Any work not exclusively described in the above proposal scope of work is excluded. If you have any questions regarding this proposal, please do not hesitate to call me at my number listed below. Respectfully Submitted, nate 5944 Matt Egan Garland/DBS, Inc. (216)430-3662 GARLANDS since 1895 10-10-17 Aventura City of Excellence. Charter Elementary School. 3333 NE 188th St, Aventura, FL 33180 Scope of Work: 1. Using the information gathered in the moisture survey, remove all wet insulation down to concrete roof deck(square off). Replace wet/damaged insulation with HPR torchbase applied over primed concrete deck(vapor barrier), ENRGY 3 insulation of matching height to be applied to vapor barrier using Insul-Lock HR in 1/2"ribbons spaced 12"o.c . Top insulation layer to be SECUROCK Primed with ASTM D-4 I at 1 G per sq. Base Ply to be HPR Torch base. Cap Sheet to be StressPly IV Mineral. MIA DADE NOA# 16-0711.11 pg 14 -220 psi 2. Flashing Replacement: On existing perimeter and curb flashings, prime surface with Garla-Prime at a rate of.5 gal. per sq. ft. Install one ply of new StressplylV UV mineral torch cap sheet over existing. 3. Remove counter-flashing. Replace with new per details and specification section 3; modify stucco and EFIS accordingly to ensure proper attachment of counter-flashing. 4.Address pitch pockets and penetrations per attached details. I-Beams if present are to be flashed with Garland Tuff Flash per details. 5. Prime the entire roof section with Garla-Prime asphalt primer at a rate of.5 gal. per sq. Allow to dry(30 minutes). 6. Apply Energizer LO liquid membrane at a rate of 3 gal. per sq. using a notched squeegee. Care should be taken to work in small manageable areas. Do not allow Energizer LO to sit longer than 5 minutes before installing reinforcement. 7. Install Garland polyester firm reinforcement—run fabric parallel to the low edge using a shingling method up the slope with minimum 3"-4" fabric laps. Use care to lay the fabric tight to the roof surface without air pockets,wrinkles, fishmouths,etc. 07563-1 8. Apply Energizer LO liquid membrane at a rate of 3 gal. per sq. ft. using a notched squeegee being sure to apply Energizer about 4" wider than reinforcement ply. 9. Within 5 minutes, immediately broadcast Sunburst roof granules into Energizer at a rate of 60 lbs. per sq. Sand blasting equipment or backpack blowers are required spray granules. Temporarily cover drains to ensure they do not clog. 10. Allow system to dry(5-7 days)then sweep excess granules. 11. Provide Garland 10 year limited warranty(5+5). 12. Provide Contractor 2 year warranty. Hours of Work: All work is to be performed from 12pm to 8pm Monday— Friday during scheduled school days. Weekend work must be scheduled in advance. During non school days(12/18- 12/30) work hours can be a 8a-5p. Energizer LO application must be done after 3pm during school days. Schedule: This project is scheduled to be performed from 11 /15/17 to 12/30/17. Contractor to: a. Ensure jobsite is cleaned daily. Debris and trash will not be tolerated. b. Ensure all necessary materials and labor are included to complete this project in the timeline provided and per all specifications and details. c. If window shutters exist,these should be removed if necessary and reinstalled prior to final inspection. d. Ensure that all necessary measures have been included to protect children and pedestrians from accidental contact from roof debris. 1. Make arrangements to obtain a blower for the granule application. SECTION 07563 FLUID APPLIED ROOFING RESTORATION 07563-2 PART 1 GENERAL 1.1 SECTION INCLUDES A. Built-Up Smooth or Mineral Modified Surface Roof Restoration (1.4.C.7/8 and 9)(2.4) B. Accessories(2.7) 1.2 RELATED SECTIONS A. Section 07620- Sheet Metal Flashing and Trim:Weather protection for base flashings. 1.3 REFERENCES A. SMACNA Architectural Sheet Metal Manual. B. National Roofing Contractors Association (NRCA)-Roofing and Waterproofing Manual. 1.4 SUBMITTALS A. Submit under provisions of Section 01300. B. Product Data: Manufacturer's data sheets on each product to be used, including: 1. Preparation instructions and recommendations. 2. Storage and handling requirements and recommendations. 3. Installation methods. 1.5 QUALITY ASSURANCE A. Perform Work in accordance with NRCA Roofing and Waterproofing Manual. B. Manufacturer Qualifications: Manufacturer: Company specializing in manufacturing products specified in this section with documented ISO 9001 certification and minimum twelve years and experience. C. Installer Qualifications: Company specializing in performing Work of this section with minimum five years documented experience and a certified Pre-Approved Garland Contractor. D. Installer's Field Supervision: Maintain a full-time Supervisor/Foreman on job site during all phases of roofing work while roofing work is in progress. E. Product Certification: Provide manufacturer's certification that materials are manufactured in the United States and conform to requirements specified herein, are chemically and physically compatible with each other, and are suitable for inclusion within the total roof system specified herein. F. Source Limitations: Obtain all components of roof system from a single manufacturer. Secondary products that are required shall be recommended and approved in writing by the roofing system Manufacturer. Upon request of the Architect or Owner, submit Manufacturers written approval of secondary components in list form, signed by an authorized agent of the Manufacturer. 1.6 PRE-INSTALLATION CONFERENCE A. Convene a pre-roofing conference approximately two weeks before scheduled commencement of roofing system installation and associated work. B. Require attendance of installers of deck or substrate construction to receive roofing, installers of 07563-3 • rooftop units and other work in and around roofing which must precede or follow roofing work including mechanical work,Architect, Owner, roofing system manufacturers representative. C. Objectives include: 1. Review foreseeable methods and procedures related to roofing work, including set up and mobilization areas for stored material and work area. 2. Tour representative areas of roofing substrates, inspect and discuss condition of substrate, roof drains, curbs, penetrations and other preparatory work. 3. Review structural loading limitations of deck and inspect deck for loss of flatness and for required attachment. 4. Review roofing system requirements, Drawings, Specifications and other Contract Documents. 5. Review and finalize schedule related to roofing work and verify availability of materials, installer's personnel, equipment and facilities needed to make progress and avoid delays. 6. Review required inspection, testing, certifying procedures. 7. Review weather and forecasted weather conditions and procedures for coping with unfavorable conditions, including possibility of temporary roofing. 8. Record conference including decisions and agreements reached. Furnish a copy of records to each party attending. 17 DELIVERY, STORAGE,AND HANDLING A. Deliver and store products in manufacturers unopened packaging with labels intact until ready for installation. B. Store all roofing materials in a dry place, on pallets or raised platforms, out of direct exposure to the elements until time of application. Store materials at least 4 inches above ground level and covered with"breathable"tarpaulins. C. Stored in accordance with the instructions of the manufacturer prior to their application or installation. Store roll goods on end on a clean flat surface. No wet or damaged materials will be used in the application. D. Store at room temperature wherever possible, until immediately prior to installing the roll. During winter, store materials in a heated location with a 50 degree F(10 degree C)minimum temperature, removed only as needed for immediate use. Keep materials away from open flame or welding sparks. E. Avoid stockpiling of materials on roofs without first obtaining acceptance from the Architect/Engineer. F. Adhesive storage shall be between the range of above 50 degree F(10 degree C)and below 80 degree F(27 degree C). Area of storage shall be constructed for flammable storage. 1.8 PROJECT CONDITIONS A. Maintain environmental conditions(temperature, humidity, and ventilation)within limits recommended by manufacturer for optimum results. Do not install products under environmental conditions outside manufacturers absolute limits. B. Weather Condition Limitations: Do not apply roofing system during inclement weather or when a 30 percent chance of precipitation or greater is expected. C. Proceed with roofing work only when existing and forecasted weather conditions will permit unit of work to be installed in accordance with manufacturers recommendations and warranty requirements. 07563-4 D. Do not expose materials vulnerable to water or sun damage in quantities greater than can be weatherproofed during same day. E. When applying materials with spray equipment,take precautions to prevent over spray and/or solvents from damaging or defacing surrounding walls, building surfaces, vehicles or other property. Care should be taken to do the following: 1. Close air intakes into the building. 2. Have a dry chemical fire extinguisher available at the jobsite. 3. Post and enforce"No Smoking"signs. F. Avoid inhaling spray mist; take precautions to ensure adequate ventilation. G. Protect completed roof sections from foot traffic for a period of at least 48 hours at 75 degrees F (24 degrees C)and 50 percent relative humidity or until fully cured. H. Take precautions to ensure that materiats do not freeze. I. Minimum temperature for application is 40 degrees F (4 degrees C) and rising for solvent based materials and 50 degrees F(10 degrees C)and rising for water based. 1.9 WARRANTY A. Upon completion of the work, provide the Manufacturer's written and signed limited labor and materials Warranty, warranting that, if a leak develops in the roof during the term of this warranty, due either to defective material or defective workmanship by the installing contractor,the manufacturer shall provide the Owner, at the Manufacturer's expense, with the labor and material necessary to return the defective area to a watertight condition. 1. Warranty Period: a. 5 plus 5(10 years): 5 years from date of acceptance plus 5 additional years after required inspection by Garland. B. Installer is to guarantee all work against defects in materials and workmanship for a period indicated following final acceptance of the Work. 1. Warranty Period: a. 2 years from date of acceptance. PART 2 PRODUCTS 2.1 MANUFACTURERS A. Acceptable Manufacturer: Garland Company, Inc. (The), which is located at: 3800 E. 91st St.; Cleveland, OH 44105; Toll Free Tel: 800-321-9336; Tel: 216-641-7500; Fax: 216-641-0633; Email:request info(L Web:www.garlandco.com B. Requests for substitutions will be considered in accordance with provisions of Section 01600. 2.2 ROOF RESTORATION SYSTEM FOR BUILT-UP SMOOTH OR MINERAL MODIFIED SURFACE ROOFS A. Energizer LO: 1. Primer: Garla-Prime. 2. Coating: Energizer LO. 3. Flashing: Replace flashings. 4. Reinforcement: full fabric reinforcement. a. Grip Polyester Firm. 5. Surfacing: a. Mineral. 07563-5 2.3 ACCESSORIES: A. Acrylic Damp-Proofing Tuff-Coat: Damp-proofing that provides heavy body protection while bridging small hair line cracks and masonry imperfections as recommended and furnished by the membrane manufacturer. 1. Density @77 degrees F 12.25 lb/gal typical 2. Viscosity,ASTM D 562: 95 KU B. Liquid Flashing -Tuff-Flash:An asphaltic-polyurethane, low odor, liquid flashing material designed for specialized details unable to be waterproofed with typical modified membrane flashings. 1. Tensile Strength, ASTM D 412:400 psi 2. Elongation,ASTM D 412: 300% 3. Density @77 degrees F 8.5 lb/gal typical C. Fabricated Flashings: Fabricated flashings and trim. 1. Fabricated flashings and trim shall conform to the detail requirements of SMACNA "Architectural Sheet Metal Manual. PART 3 EXECUTION 3.1 EXAMINATION A. Do not begin installation until substrates have been properly prepared. B. Verify that work penetrating the roof deck, or which may otherwise affect the roofing, has been properly completed. C. If substrate preparation is the responsibility of another installer, notify Architect of unsatisfactory preparation before proceeding. 3.2 INSTALLATION A. General Installation Requirements: 1. Install in accordance with manufacturer's instructions. Apply to minimum coating thickness required by the manufacturer. 2. Cooperate with manufacturer, inspection and test agencies engaged or required to perform services in connection with installing the roof system. 3. Insurance/Code Compliance:Where required by code, install and test the roofing system to comply with governing regulation and specified insurance requirements. 4. Protect work from spillage of roofing materials and prevent materials from entering or clogging drains and conductors. Replace or restore work damaged by installation of the roofing system. 5. All primers must be top coated within 24 hours of application. Re-prime If more time passes after priming. 6. Keep roofing materials dry during application. Phased construction can be allowed as long as no, more than 7 days pass between coats excluding primers. 7. Coordinate counter flashing, cap flashings, expansion joints and similar work with work specified in other Sections under Related Work. 8. Coordinate roof accessories and miscellaneous sheet metal accessory items, including piping vents and other devices with work specified in other Sections under Related Work. B. Smooth or Mineral Surface Restoration: Renovation work includes: 1. Surface preparation: Remove all loose roofing granules, dirt and foreign debris from the roof surface. 2. Flashing: 07563-6 a. Parapets and Vertical Surfaces: Prepare parapet walls and vertical surfaces where indicated on the Drawings, with asphalt primer.Allow primer to dry tack free. Apply flashing plies as follows: 1) Torch applied membrane using Stressply IV UV mineral membrane, and secured 8 inches O.C. at all vertical surfaces.. 2) Solidly adhere flashing membrane to substrate and secure using termination bar. Cut and remove stucco/EIFS as required for proper attachment. 3) Seal junction of flashing membrane and roof with a three-course application of Flashing Bond and mesh. 3. Primer: Prime entire roof surface at 1/2 gallon per 100 SF. 4. Coating: Apply top coat as soon as possible after embedding reinforcement. a. Apply Energizer LO Coating to entire roof surface at 3.0-3.5 gallons per 100 SF. Care should be taken to work in small manageable areas. Do not allow Energizer LO to sit longer than 5 minutes before installing reinforcement. b. 7. Install Garland polyester firm reinforcement—run fabric parallel to the low edge using a shingling method up the slope with minimum 3"-4"fabric laps. Use care to lay the fabric tight to the roof surface without air pockets,wrinkles, fishmouths, etc. 5. Surfacing: Install roofing minerals into the coating while it is wet (within 10 minutes). Do not walk on surface for 7 to 10 days. 6. Contractor to use blower style granule spreader to ensure a clean and uniform appearance. Hand or mechanical granule spreaders are not acceptable. 7. After 14-21 days return to job site and remove excess granule with a light broom or blower. 3.3 INSTALLATION EDGE TREATMENT AND ROOF PENETRATION FLASHING A. Fabricated Flashings: Fabricated flashings and trim are provided as specified in Section 07620. 1. Fabricated flashings and trim shall conform to the detail requirements of SMACNA "Architectural Sheet Metal Manual". 8. Surface Mounted Counterflashing: 1. Minimum flashing height is 8 inches(203 mm)above finished roof height. Maximum flashing height is 24 inches(609 mm). Prime vertical wall at a rate of 100 square feet per gallon and allow to dry. 2. Install mineral cap sheet flashing(torch application) 9 inches on to field of the roof. Torch directly to existing cap sheet. 3. Apply butyl tape to wall behind flashing. Secure termination bar through flashing, butyl tape and into wall. Alternatively use caulk to replace the butyl tape. 4. Secure counterflashing set on butyl tape above flashing at 8 inches (203 mm)o.c. and caulk top of counterflashing. 5. Type: 032 Aluminum. Kynar Coated(standard color options) C. Pitch Pocket Umbrella: 1. Run all plies up to the penetration. 2. Crown all pitch pockets or penetrations using Flashing bond. 3. Place a water shedding type bonnet made of stainless steel or aluminum over the top of the pitch pocket and clamp the top with a drawband collar. Caulk the upper edge of the band with an elastomeric sealant. 3.4 CLEANING A. Clean-up and remove daily from the site all wrappings, empty containers, paper, loose particles 07563-7 and other debris resulting from these operations. Contractor shall perform clean up at the end of every shift. B. Remove asphalt markings from finished surfaces. C. Repair or replace defaced or disfigured finishes caused by Work of this section. 3.5 PROTECTION A. Provide traffic ways,erect barriers,fences, guards, rails, enclosures, chutes and the like to protect personnel, roofs and structures, vehicles and utilities. B. Require attendance of roofing materials manufacturers' representatives at site during installation of the roofing system. C. Perform field inspection and [and testing]as required under provisions of Section 01410. D. Correct defects or irregularities discovered during field inspection. 3.6 FINAL INSPECTION A. At completion of roofing installation and associated work, meet with Contractor,Architect, installer, installer of associated work, roofing system manufacturer's representative and others directly concerned with performance of roofing system. B. Walk roof surface areas, inspect perimeter building edges as well as flashing of roof penetrations, walls, curbs and other equipment. Identify all items requiring correction or completion and furnish copy of list to each party in attendance. C. If core cuts verify the presence of damp or wet materials, the installer shall be required to replace the damaged areas at his own expense. D. Repair or replace deteriorated or defective work found at time above inspection as required to a produce an installation that is free of damage and deterioration at time of Substantial Completion and according to warranty requirements. E. Following the final inspection, provide written notice of acceptance of the installation from the roofing system manufacturer. 3.7 PROTECTION A. Protect installed products until completion of project. B. Touch-up, repair or replace damaged products before Substantial Completion. 3.8 SCHEDULES A. Coatings: 1. Coating: Energizer LO:Asphaltic polyurethane based, low-odor, liquid waterproofing membrane. a. Non Volatile, ASTM C 1250: 82% b. Ash Content,ASTM D 5040: 19% c. Density,ASTM D 1475: 9.4 lb./gal. (1.13 g/cm3) d. Viscosity @ 77 degrees F(25 degrees C), Brookfield RVT, Spindle#5, 50: rpm 07563-8 6,500 cP a Flash Point. ASTM D 93: Minimum 100 degrees F(37.7 degrees C) f. Elongation @ 77 degrees F (25 degrees C), ASTM D 412:Typical 1100% g. Water Absorption: <0.7 h. Compound Stability: Passes 220 degrees F(104.4 degrees C) i. VOC: 204 g/I B. Reinforcement/Base Coat 1. Grip Polyester Firm: Strong, rigid polyester reinforcing fabric. END OF SECTION 07563-9 CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM, City Manager rV—f, BY: Brian K. Raducci, Finance Director DATE: November 3, 2017 SUBJECT: End of Year Budget Amending Ordinance — FY 2016/17 1st Reading November 7, 2017 City Commission Meeting Agenda Item 1 2nd Reading January 9, 2018 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the attached ordinance amending the FY 2016/17 budget. BACKGROUND At this time of year, the Finance Department is preparing the City's financial records for the FY 2016/17 year-end audit. Now that most of our year-end adjustments have been made, we have the necessary information to formally amend the FY 2016/17 budget. This "clean up" amendment is a normal part of our year-end fiscal operations and is prepared to ensure that the "final" adopted budget contains sufficient appropriations to satisfy all of our actual expenditures. In order to comply with Section 166.241 (4) of the Florida Statutes, the related ordinance will appear on the November 2017 and January 2018 agendas. Although this Section requires all budget amendments be made "within 60 days following the end of the fiscal year," the second reading of the ordinance (as is consistent with past practice) will not occur until January 2018 as there is no December meeting. The ordinance however will appear on first reading prior to the November 29, 2017 deadline. We are only required to amend budgets when a Department's total budget has been exceeded. In some cases, associated revenues may be increased to satisfy the related expenditure overage. Listed below is a summary of the amendments for the City's General Fund, by department and the underlying circumstances that support each recommendation. 1 Hurricane Irma Budget Impact Due to the circumstances created by Hurricane Irma in early September 2017, the City incurred/will incur many expenditures that were not budgeted in either the FY 2016/17 or FY 2017/18 Budgets. As a result, this budget amendment will only amend the FY 2016/17 Budget for Hurricane Irma-related expenditures that the City has or expects to incur through September 30, 2017, (i.e., overtime, debris removal, emergency repairs, etc.). In addition, the FY 2017/18 Budget will need to be amended at a future date (mid-year budget amendment — March 2018) for additional debris removal, emergency repairs, etc., that were or will be incurred on or after October 1, 2017. Although we anticipate that the City will be reimbursed for much of the Hurricane Irma-related costs through a combination of federal and state aid and insurance proceeds where applicable, we will utilize funds from the Hurricane/Emergency Recovery Operating Reserve (the "Reserve") to cover such costs. The Reserve would then be replenished in the future (to the extent possible) when the federal, state and insurance monies are received. Please note that at the time this memorandum was prepared, not all of the debris monitoring and removal invoices had been received. As a result, this amendment utilizes conservative estimates where applicable. Any necessary true-ups will be reflected in the year-end audit and subsequent year's budget amendment. In addition, of the $2,707,000 net increase to the FY 2016/17 General Fund Budget, $1,257,000 of it was a result of the actual and anticipated expenditures related to Hurricane Irma. General Fund-(001)-($2,707,000 net increase) Legal(0601)— ($105,000 increase) 3120— Prof. Services - Legal Requires a $105,000 budget amendment due to higher than anticipated Legal fees primarily related to ongoing matters associated with both the Prive Development and Intersection Safety Camera Program litigation. These overages will be offset by $19,000 in additional State Revenue Sharing revenue (3351200) and $86,000 in additional Intersection Safety Camera Program revenue (3542000), respectively. Public Safety(2001) — ($180,000 increase) 1401 — Overtime Requires a $180,000 budget amendment due to higher than anticipated Overtime costs that were incurred as a result of providing "emergency protective measures" prior to, during and after the Hurricane Irma event. These overages will be offset by $180,000 from the Hurricane/Emergency Recovery Operating Reserve (3999900). 2 Community Development(4001)— ($1,250,000 increase) 3101 — Building Inspection Services Requires a $1,250,000 budget amendment due to higher than anticipated building/development activity experienced during the year which will be offset by additional Building Permit revenue (3221000). Public Works/Transportation (5401) — ($95,000 increase) 4320— Utilities -Water Requires a $45,000 budget amendment primarily due to the following items that were not anticipated in the adopted budget: • additional irrigation costs associated with the start-up of the new Peace Park • watering the flower beds along Country Club Drive and the use of City water for irrigation along Aventura Boulevard due to salt water intrusion; and • adding water to the Splashpad as higher attendance levels required more frequent backwashing 4691 — R&M - Streets Requires a $50,000 budget amendment primarily due to higher than anticipated costs associated with maintaining street lights, sidewalks and street repairs, throughout the City. The overages in the Public Works/Transportation Department as described above will be offset by a combination of additional; State Revenue Sharing revenue (3351200) - $36,000 and Carryover (3999900) —$59,000. Non-Departmental (9001)— ($1,077,000 increase) 5904— Hurricane/Debris Removal Requires a $950,000 budget amendment due to debris removal costs associated with Hurricane Irma. 5905 — Hurricane/Debris Monitor Requires a $100,000 budget amendment due to debris monitoring costs associated with Hurricane Irma. 5906— Hurricane/Preparation Requires a $25,000 budget amendment due to preparation costs associated with Hurricane Irma. 5907— Hurricane/Supplies Requires a $2,000 budget amendment due to supplies that needed to be purchased in preparation and response to Hurricane Irma. 3 These overages will be offset by $1,077,000 from the Hurricane/Emergency Recovery Operating Reserve (3999900). Police Offdutv Services Fund —(620)—($40,000 net increase) 1420— Extra Duty Detail Requires a $40,000 budget amendment due to higher than anticipated Extra Duty Details that will be offset by $40,000 in additional Police Detail Billing (3421100). The budget amendments outlined above, are expected to have little to no impact on the FY 2016/17 overall budget or carryover amount that was utilized in the preparation of the FY 2017/18 budget. Based on this analysis, I recommend approval of the attached Ordinance. 4 ORDINANCE NO. 2018- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2016-13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2016/2017 FISCAL YEAR BY REVISING THE 2016/2017 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the City and upon the recommendations of the City Manager (and the concurrence of the Finance Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 2016/2017 Operating and Capital Budget as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. The City Commission hereby authorizes the amendment of Ordinance No. 2016-13, which Ordinance adopted a budget for the 2016/2017 fiscal year, by revising the 2016/2017 budget as set forth on the attached Exhibit "A" which exhibits are deemed incorporated by reference as though set forth in full herein. Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. City of Aventura Ordinance No. 2018- Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading and shall be applicable retroactively from and after October 1, 2016. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Mayor Enid Weisman The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Mayor Enid Weisman Page 2 of 3 City of Aventura Ordinance No. 2018- PASSED on first reading this 7th day of November, 2017. PASSED AND ADOPTED on second reading this 9th day of January, 2018. MAYOR ENID WEISMAN ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 CITY OF AVENTURA GENERAL FUND 001 FY 2016/17 BUDGET AMENDMENT REVENUES OBJECT 2016/17 2016/17 2016/17 CODE ADOPTED AMENDED REVISED NO. CATEGORY AMOUNT AMOUNT BUDGET 3221000 Building Permits $ 2,250,000 $ 1,250.000 $ 3,500,000 3351200 State Revenue Sharing 718,000 55,000 773,000 3542000 Intersection Safety Camera Program 800,000 86,000 886,000 3999900 Hurricane/Emergency Recovery Operating Reserve - 1,257,000 1,257.000 3999900 Carryover 17,521,457 59,000 17,580,457 Total Revenue S 21,289,457 $ 2,707,000 $ 24,115,457 TOTAL AMENDMENTS-REVENUE $ 2,707,000 EXPENDITURES OBJECT 2016/17 2016/17 2016/17 CODE ADOPTED AMENDED REVISED NO. CATEGORY AMOUNT AMOUNT BUDGET LEGAL(0601) CONTRACTUAL SERVICES 3120 Prof.Services-Legal 5 300,000 $ 105,000 $ 405,000 Total Legal $ 300,000 $ 105.000 $ 405,000 PUBLIC SAFETY(2001) PERSONAL SERVICES 1401 Overtime $ 750,000 $ 180,000 $ 930,000 Total Public Safety $ 750,000 $ 180,000 $ 930,000 COMMUNITY DEVELOPMENT(4001) CONTRACTUAL SERVICES 3101 Building Inspection Services $ 1,500,000 $ 1,250,000 $ 2,750,000 Total Community Development $ 1,500,000 $ 1,250,000 $ 2,750,000 PUBLIC WORKS/TRANSPORTATION(5401) OTHER CHARGES&SERVICES 4320 Utilities-Water $ 205,000 $ 45,000 $ 250.000 4691 R&M-Streets - 50,000 50,000 Total Public Works/Transportation $ 205,000 $ 95,000 S 300,000 NON-DEPARTMENTAL(9001) 5904 Hurricane/Debris Removal $ - $ 950,000 S 950,000 5905 Hurricane/Debris Monitor - 100,000 100,000 i 5906 Hurricane/Preparation - 25,000 25,000 5907 Hurricane/Supplies - 2,000 2,000 Total Non-Departmental $ - $ 1,077,000 $ 1,077,000 TOTAL AMENDMENTS-EXPENDITURES 5 2,707,000 I I I I CITY OF AVENTURA POLICE OFFDUTY SERVICES FUND 620 FY 2016/17 BUDGET AMENDMENT REVENUES OBJECT 2016/17 2016/17 2016/17 CODE ADOPTED AMENDED REVISED NO. CATEGORY AMOUNT AMOUNT BUDGET Charges for Services 3421100 Police Detail Billing $ 400,000 $ 40,000 5 440,000 Total Revenue $ 400,000 $ 40,000 $ 440,000 TOTAL AMENDMENTS-REVENUE $ 40,000 EXPENDITURES OBJECT 2016117 2016/17 2016/17 CODE ADOPTED AMENDED REVISED NO. CATEGORY AMOUNT AMOUNT BUDGET PERSONAL SERVICES Public Safety 1420 Extra Duty Detail $ 400,000 $ 40,000 $ 440,000 Total Expenditures $ 400,000 $ 40,000 $ 440,000 TOTAL AMENDMENTS-EXPENDITURES $ 40,000 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM, City -/-r Brett J. Schneider, City Labor Attor DATE: September 19, 2017 SUBJECT: Ordinance Amending Chapter 36 "Retirement," Article II `Police Pension Plan and Trust Fund," in Accordance with Changes Contained in both the Collective Bargaining Agreement and Subsequent Memorandum of Understanding Between the City and Dade County Police Benevolent Association for the period October 1, 2016 through September 30, 2019 1st Reading October 3, 2017 City Commission Meeting Agenda Item —] 2nd Reading November 7, 2017 City Commission Meeting Agenda Item /9711t- RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance that amends the "Police Pension Plan and Trust Fund" (the "Plan") in a manner consistent with the changes contained in the ratified Collective Bargaining Agreement ("Agreement") between the City of Aventura ("City") and the Dade County Police Benevolent Association ("PBA") and a subsequent Memorandum of Understanding ("MOU") between the City and the PBA. BACKGROUND As you are aware, the City and the PBA ratified the Agreement on February 9, 2017, which include various pension changes. The City and PBA thereafter agreed via MOU to modify a provision of the Agreement related to the newly created Deferred Retirement Option Plan ("DROP"). The attached Ordinance was drafted by the City Attorney's Office and was subsequently reviewed by the Police Pension attorney — Sugarman and Susskind to confirm legal sufficiency. Memo to City Commission Page 2 HIGHLIGHTS AND SUMMARY The main revisions of the ordinance are as follows: • Service Retirement. Effective October 1, 2018, a member may retire following the earlier of: the completion of 22.5 years of credited service, regardless of age; or upon reaching age 57 with ten years of credited service. Currently, the pension ordinance defines normal retirement as the completion of 25 years of credited service, regardless of age; or reaching age 57 with ten years of credited service. • Deferred Retirement Option Plan (DROP'. Effective October 1, 2018, a DROP will be created with a maximum five (5) year participation period beginning from the date a member completes 25 years of service, or age 57 with 11 years of service, though a delayed entry into the DROP (i.e., after the foregoing dates) will correspondingly reduce the period of participation. • Defined Contribution Plan. A defined contribution plan ("DC plan") is created as a component of the Plan, but will be inactive and unfunded unless and until the City and the PBA reach agreement on how revenues will be assigned to fund it. • Use of Premium Tax Revenues. All premium tax revenues received by the Plan, including any accumulated excess premium tax revenues already received, will be used to pay for the Plan benefits. All other provisions of the CBA would remain in full force and effect. If you have any questions, please feel free to contact me. EMS/act Attachment CCO1712-17 ORDINANCE NO. 2017- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 36 "RETIREMENT," ARTICLE II "POLICE PENSION PLAN AND TRUST FUND," IN ACCORDANCE WITH CHANGES CONTAINED IN THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY AND THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION FOR THE PERIOD OCTOBER 1, 2016 THROUGH SEPTEMBER 30, 2019; BY AMENDING SECTION 36-22 "DEFINITIONS"; BY AMENDING SECTION 36-26 "SERVICE RETIREMENT BENEFIT" TO REVISE RETIREMENT CRITERIA; BY ADDING SECTION 36-35 "DEFERRED RETIREMENT OPTION PROGRAM"; BY ADDING SECTION 36-38 "DEFINED CONTRIBUTION PLAN"; BY ADDING SECTION 36-39 "USE OF PREMIUM TAX REVENUES"; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura (the "City") maintains a defined benefit pension plan for its certified police officers, which is known as the City of Aventura Police Officers' Retirement Plan (the "Plan"), and which is codified in Chapter 36 of the City Code; and WHEREAS, the City and the Dade County Police Benevolent Association ("PBA") recently ratified a collective bargaining agreement ("CBA") covering the period October 1, 2016 through September 30, 2019, wherein the parties agreed that, following ratification of the CBA, the City would adopt an ordinance amending the Plan to provide for the codification of the changes to the Plan set forth in the CBA; and WHEREAS, the Plan should be amended to conform with the collectively bargained changes to the Plan as set forth in the CBA; and WHEREAS, prior to Second Reading of this Ordinance, the City Commission received and reviewed an actuarial impact statement concerning said changes and finds that it is in the best interest of the City and its employees to amend the Plan. City of Aventura Ordinance No. 2017-_ NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA': Section 1. That each of the above-stated recitals are hereby adopted and confirmed. Section 2. That Chapter 36 "Retirement," Article II "Police Pension Plan and Trust Fund," Section 36-22, "Definitions," of the City Code of Ordinances be amended as follows: Sec. 36-22. - Definitions. Premium tax revenues means State insurance premium tax revenues remitted annually to the City, which are collected on casualty insurance policies in the City in accordance with Chapter 185, Florida Statutes. Section 3. That Chapter 36 "Retirement," Article II "Police Pension Plan and Trust Fund," Section 36-26, "Service retirement benefit," of the City Code of Ordinances be amended as follows: Sec. 36-26. - Service retirement benefit. (a) Prior to October 1, 2018, a member may retire on the first day of the month coincident with or next following the earlier of: the date upon which the member completes 25 years of credited service, regardless of age; or the date upon which the member attains age 55 with ten years of credited service. There shall be no mandatory retirement age. Effective October 1, 2018, a member may retire on the first day of the month coincident with or next following the earlier of: the date upon which the member completes 22.5 years of credited service, regardless of age: or the date upon which the member attains age 57 with ten years ' Words in strikeout type are deletions from exist text and word in underline type are additions to existing text. Page 2 of 7 City of Aventura Ordinance No.2017-_ of credited service. Any provision of this plan to the contrary notwithstanding, a member's accrued benefit shall become 100% vested upon the attainment of the normal retirement date. (e)A member electing early retirement may receive either a deferred payment or an immediate payment under the following formula: (1) A deferred payment shall commence on the normal retirement date of the member. This shall mean the date upon which the member attains age 55 57 with ten years of credited service.... (2) ... The normal retirement date shall be the date upon which the member would have attained age 55 57 with ten years of credited service. The actuarial reduction factor applied to the benefit shall be three percent for each year by which the starting date of the benefit precedes the normal retirement date. For example, the early retirement benefit of a member retiring early at age 45 with 20 years of service shall be reduced by 36% (age 57 — age 45 = 12 ears x 3% = 36%). Section 4. That Chapter 36 "Retirement," Article II "Police Pension Plan and Trust Fund," Section 36-35, "Deferred Retirement Option Program (DROP)," of the City Code of Ordinances be added as follows: Sec. 36-35.—Deferred Retirement Option Program (DROP). Reserve& Effective October 1, 2018, a deferred retirement option plan ("DROP") will be created. A member will be eligible to enter the DROP on the first day that he/she is eligible for normal retirement. Upon entering the DROP, a member will no longer accrue credited service or additional pension benefits and will no longer make employee contributions to the Retirement Plan. Instead, the amount of the monthly pension benefit for the benefit option selected by the member will be credited to the member's DROP account. The maximum period that a member may participate in the DROP is five (5)years beginning from the date on which a member reaches 25 years of service or the date on which a member reaches age 57 with 11 years of service ("Maximum DROP Entry Deadlines'). A member may elect to enter DROP after the foregoing dates, but his/her maximum participation in the DROP will be reduced by the period of time in which the member delayed entry in the DROP after reaching either of the foregoing Maximum DROP Entry Deadlines. The member's DROP account will be self-directed by the member to mutual funds selected by the Retirement Plan's Board of Trustees from among those offered by a Page 3 of 7 City of Aventura Ordinance No. 2017- vendor selected by the Board of Trustees. The available mutual funds and the vendor may be changed from time to time by the Board of Trustees. Members will be solely responsible for the gains and losses of their individual self-directed DROP accounts. Members who elect to participate in the DROP shall be required to separate from City service at the conclusion of the DROP period. A member's DROP shall be distributed to the member in a lump sum. rollover, or a combination of both, as soon as administratively practicable and not more than 90 days following the conclusion of the DROP period or approval of the distribution by the Retirement Plan Board of Trustees whichever occurs last. Neither the City, the Retirement Plan, nor its Board of Trustees shall have any liability or responsibility to guarantee the principal and/or rate of return for a member's DROP assets. The DROP accounts although self-directed separate accounts, will remain part of the pension trust and distributions from a member's account shall not be permitted until termination of employment. Section 5. That Chapter 36 "Retirement," Article II "Police Pension Plan and Trust Fund," Section 36-38, "Defined contribution plan," of the City Code of Ordinances be added as follows: Sec. 36-38. — Defined contribution plan. A defined contribution plan ("DC plan") is hereby created as a component of this fund, but will not be activated unless and until a portion of chapter 185 premium tax revenues have been assigned to fund the DC plan. The provisions of the DC plan, when and if activated, shall be negotiated by the parties at the time funding has been assigned to the DC plan. Assignment of Chapter premium tax revenues can result either from agreement between the parties, or from application of the provisions of Ch. 2015-39, Laws of Florida. Section 6. That Chapter 36 "Retirement," Article II "Police Pension Plan and Trust Fund," Section 36-39, "Use of Premium Tax Revenues," of the City Code of Ordinances be added as follows: Sec. 36-39— Use of Premium Tax Revenues. (a) Any and all premium tax revenues received by the Plan pursuant to Chapter 185, Florida Statutes, including any accumulated excess premium tax revenues held by the Plan shall be retained by the Plan to pay for the benefits offered by the Plan. Page 4 of 7 City of Aventura Ordinance No. 2017-_ (b) The aforementioned is intended to supplant the default methods outlined in Section 185.35, Florida Statutes. Section 7. Repeal. All sections or parts of sections of the Code of Ordinances of the City of Aventura, all ordinances or parts of ordinances, and all resolutions or parts of resolutions in conflict herewith, be and the same are hereby repealed to the extent of such conflict. Section 8. Severability. Should any section or provision of this Ordinance, or any paragraph, sentence or word, be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof, as a whole or a part hereof, other than the part declared to be invalid. Section 9. Inclusion in the Code. It is the intention of the City Commission of the City of Aventura that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Aventura and that the sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "Chapter", "Section", "Article", or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. Section 10. Effective Date. This Ordinance shall be effective upon passage by the City Commission on second reading. The foregoing Ordinance was offered by Commissioner Shelley, who moved its adoption on first reading. This motion was seconded by Commissioner Mezrahi and upon being put to a vote, the vote was as follows: Page 5 of 7 City of Aventura Ordinance No. 2017- 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 Commissioner Howard Weinberg Mayor Enid Weisman PASSED on first reading on this 3re day of October, 2017. PASSED AND ADOPTED on second reading on this 7th day of November, 2017. Page 6 of 7 City of Aventura Ordinance No. 2017- ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK Approved as to Legal Sufficiency: CITY ATTORNEY Page 7 of 7 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka M City Manag> BY: Joanne Carr, A Community Deve • • •• -nt 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 t} June 14, 2017 City Commission Meeting Agenda Item AJC November 7, 2017 City Commission Meeting Agenda Item F3 F� 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 B2, 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 Th day of November, 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 o14 • `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 • • City Manag— 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 $3 15 November 7, 2017 City Commission Meeting Agenda Item B C' 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 7th day of November, 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 COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, I - M City Manager BY: Joanne Carr, AIC Community Develop Director DATE: November 3, 2017 SUBJECT: Request of Florida Fine Wine & Spirits LLC dba Total Wine & More for Sign Variance 19925 Biscayne Boulevard, City of Aventura (01-SV-18) AA November 7, 2017 City Commission Meeting Agenda Item q-{i- RECOMMENDATION It is recommended that the City Commission approve the request for variance to permit a wall sign measuring 175 square feet on the west building elevation; where one sign measuring 162 square feet is permitted by Code, for the proposed Total Wine & More store at 19925 Biscayne Boulevard, with the condition that the sign comply with the following drawings submitted with this application: • "Total Wine, Spirits & More", Channel Letter Sign, Sheet S-1, prepared by Elrod Engineering, dated 9/29/17, revised, signed and sealed 10/18/17. • "Total Wine, Spirits & More", Channel Letter Sign, Sheet S-2, prepared by Elrod Engineering, dated 9/29/17, revised, signed and sealed 10/18/17. • "Total Wine, Spirits & More", Channel Letter Sign, Sheet S-3, prepared by Elrod Engineering, dated 9/29/17, revised, signed and sealed 10/18/17. THE REQUEST The applicant, Florida Fine Wine & Spirits LLC, dba Total Wine & More, is requesting variance from Section 31-191(j)(2)a. of the City Code to permit a wall sign for the Total Wine & More tenant space at 19925 Biscayne Boulevard measuring 175 square feet, where a wall sign measuring 162 square feet is permitted by Code. (See Exhibit#1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Deer Capital LLC APPLICANT Florida Fine Wine & Spirits LLC LOCATION OF PROPERTY 19925 Biscayne Boulevard (See Exhibit #2 for Location Map) LEGAL DESCRIPTION Part Tract A-12, Aventura Twelfth Addition, Plat Book 146, Page 19 of the Public Records of Miami-Dade County, City of Aventura, Florida (See Exhibit #3 for complete legal description) ZONING Subject property: B2, Community Business District Property to the North: RMF3, Multifamily Medium Density Residential District Property to the South: B2, Community Business District Property to the East: B2, Community Business District Property to the West: Biscayne Boulevard EXISTING LAND USE Subject property: Retail Plaza Property to the North: Residential Condominium Property to the South: Regional Mall Property to the East: Medical Office Building Property to the West: Biscayne Boulevard FUTURE LAND USE — According to the City of Aventura Comprehensive Plan, the following properties are currently designated as follows: Subject property: Business and Office Property to the North: Medium-High Density Residential Property to the South: Business and Office Property to the East: Business and Office Property to the West: Biscayne Boulevard The Site - The subject site contains a one story, commercial plaza with 72,683 square feet of retail floor area and 5,968 square feet of restaurant floor area. The major tenants are SteinMart clothing store and Roche Bobois furniture store with a Chili's Restaurant in a separate freestanding building. There is a vacant 2 30,000 square foot retail tenant space, located at the north end of the main plaza building that was formerly occupied by HH Gregg electronics store. A total of 353 parking spaces are required by City Code, where 356 parking spaces are provided in surface parking areas to the west, north and south of the main plaza building. A site plan of the plaza is attached as Exhibit#4. The Project — Total Wine & More proposes to establish a liquor package store with ancillary education room and wine tasting as permitted by Florida law, in the vacant 30,000 square foot tenant space. The liquor package store use in this location required conditional use approval because it did not meet the distance and spacing requirements of Chapter 4 of the City Code. Conditional use approval was granted by the City Commission through Resolution No. 2017-52 passed on October 3, 2017. The tenant space has 162 lineal feet of store frontage. The City's Sign Code permits one wall sign measuring a maximum of 162 square feet. The applicant is proposing one 175 square foot wall sign on the front (west) elevation of the building facing Biscayne Boulevard, that is, a wall sign that is 13 square feet larger than permitted by Code. A rendering of the proposed wall sign is attached as Exhibit#5. HISTORY HH Gregg electronics store was the former tenant in this commercial space. It applied for sign variance approval in 2011 for a wall sign measuring 176 square feet. Approval was granted through Resolution No. 2011-42 passed on June 7, 2011. The Total Wine & More sign variance request is similar to this prior approval. Citizen Comments —The Community Development Department has received no written citizen comments as of the date of writing of this report. ANALYSIS This commercial plaza is adjacent to the Biscayne Boulevard/Ives Dairy Road overpass and the proposed tenant space is at the northerly end of the plaza. The overpass increases in height from south to north, leaving this tenant space most affected visually. The increased size of wall sign is requested to provide direction to the store. CRITERIA FOR SIGN VARIANCE APPROVAL The criteria for approval of sign variances are set out in Section 31-191(m)(8) of the City of Aventura Land Development Regulations, as follows: 3 "The Sign Variance maintains the basic intent and purpose of these regulations; particularly as it affects the stability and appearance of the City and provided that the variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship to the land is required." The basic intent and purpose of the sign regulations is to allow signage that is effective in indexing the environment, serves as an index to needed goods and services, enhances the physical appearance of the City, promotes traffic safety while preventing visual distraction and is compatible with its surroundings. It is staffs opinion that this revised sign size of 175 square feet, where a sign size of 162 square feet is permitted by Code, does preserve the unique aesthetic character of the City and is not in conflict with the basic intent and purpose of the sign code. A wall sign at 175 square feet will be compatible with its surroundings and will not be detrimental to the community. It is the same size as the existing sign for the former tenant. The sign will effectively index the environment, will preserve the physical appearance of the City and will prevent visual distraction while providing direction and visibility. 4 W WALTON Walton Signage . iTY C F X.'c;\TURA A 10101 Reunion Pl. #500 San Antonio, TX 78216 OCT - 2 2017 September 29, 2017 City Commission i'x171�- City of Aventura 19200 W. Country Club Dr. Aventura, FL 33180 Re: Sign Variance for Total Wine @ 19925 Biscayne Bi. Aventura,FL 33180 To Whom it May Concern: I am submitting this letter of Intent to outline my reasons for the application for a Sign Variance from the City Commission for my client, Total Wine. Under Chapter 31, Article IX, Section 31-191 (j)(2)(a), my client, Total Wine, is allowed 1 square foot for each lineal foot of tenant frontage for each sign located within 300 feet of a street on which the building fronts. The tenant frontage for this site is 162 lineal feet, which would allow for a 162 square foot sign. We are proposing a 175 square foot sign for Total Wine. We are requesting a variance to allow us the additional 13 sq ft for two reasons. First, The proposed sign is located at a lateral offset of 255 lineal feet from and faces Biscayne Boulevard, a roadway that contains a total of 8 lanes of travel at a posted speed limit of 45 miles an hour. United States Sign Council Sign Legibility has performed an extensive array of studies into the legibility of on-premise signs and the manner in which a motorist reacts to these signs. Because of these studies, it is now possible to determine, with a degree of certainty, the size of letters as well as the size of the sign necessary to ensure motorists legibility. The optimized reading speed for a sign offset from the curb, assuming a 5 lane roadway and a 45 mile an hour speed limit is approximately 8 seconds. The USSC's Parallel Letter Height Model Equation lists the letter height of the signage to be deduced in the following equation: LH=(LN * 10+ LO)/5 LH is the letter height in inches LN is the number of lanes of traffic LO is the lateral offset from the curb in feet. For this site,the equation would look like this: Exhibit 1. 01-SV-18 10101 Reunion Place I Suite 500 1 San Antonio, TX 78216 • P 210.886.0644 • www.waltonsignage.com LH=(8 * 10+255)/5 Therefore the LH should be 67"in order to utilize the 8 seconds of optimal reading speed per the USSC's study. In order to provide motorist a visibility that allows them the ability to easily read and identify the signage and still remain within code allowances, we are proposing a sign that utilizes two rows of information with the max letter/logo size to be 36.83"in height on the first row and a max letter size of 12.42". By utilizing the 2 rows, the motorist is able to more quickly identify a group of information instead of continually viewing a length of signage, which will enable the motorist to be able to read the sign within the 8 second optimal reading speed. This signage will enable the motorist to be able to read the sign, quickly and clearly so that the impact upon driving will be minimized and the safety of the motorists traveling will be maintained. The second reason we are applying for the 13 square foot increase in signage is that it will maintain the visibility that was allowed for the previous tenant, HHGregg. HHGregg submitted for and was approved for a 176 square foot signage. We are simply asking that we be granted the same allowance as the previous tenant. I appreciate your time and consideration in this matter. Thank you for your time and patience. Since ely, PERMIT EXPEDITER Tami Goltz WA LTO N SIGNAGE 10101 REUNION PLACE SUITE 500 SAN ANTONIO.TX 76216 PH 210.792 4100 FX 210 933.1498 10101 Reunion Place I Suite 500 I San Antonio, TX 78216 • P 210. 886.0644 • wwwwaltonsignage.com B-O-AR-C-LINTY I L J • r— _ _ •DADE COUNTY I efMTA F1' BDIR'R11Ta Gu((nnam YA H' DR. • Port OMARINA ( L Amm'na O. H-ARBOR CIRCLE Ho.rniml p WAV • &Medir I , WA • Center '' 1 MA 1NER Y • Le • • • ea? Waterways ����\) I • :. .© WATERWAYS Shopper 207 ST. `-t'� 1 • • • w ;• ¢ a COUNTRY CLUB DR. •• rmt of OS ` M • :• Promeredr V SMvs m O IVES DAIRY RD. : 3 ST OlF�Lr • :• r C n\lq LS • I r1 : Subject Site m I. Tenberry Isle m Resort Club •• • AVEN�TsURA BLNo D • C . r� , : x Fur ` 'k i Rescue Avemam ;;t x ,> l'' T • r Station Library .w 6" 3 • 40 Aventura Mall z CO • R= •• < 1.1 City of Aventura ,_ , ,� • + �A B '� a 192 ST. Government Center CEH _ — �■ WILLIAM a- . 192 SL II 1.1 ST. a Q� ; . ili • 190 MYSTIC E ; he *40 Legal Description . Folio:28-1234-071-0010 TRACT'A-12",AVENTUPA TWELFTH COITION,ACCORDING TO THE PIAT THEREOF,RECORD®IN PIAT BOOK 146, PAGE 19,OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS AND EXCEPT THEREFROM THE FOLLOWING PARCEL VESTED IN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PURSUANT TO THAT CERTAIN ORDER OF TAKING RECORDED APRIL 3, I998,IN OFFICIAL RECORDS BOOK 18041, PAGE 3522, OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY,FLORIDA: BEGIN AT THE NORTHWEST CORNER OF TRACT"8-12" OF SAID PLAT OF AVENTURA TWELFTH ADDITION; THENCE ALONG THE NORTH UNE OF SAID TRACTS"A-12"AND 1B-12", NORTH 87°33'08"EAST,A DISTANCE OF 21.102 METERS(69.23 FEET)TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 1,687.000 METERS(5,534.77 FEET)AND A TANGENT BEARING OF SOUTH 00°48'11'WEST; THENCE RUN SOUTHERLY ALONG THE MC OF SAID CIRCULAR CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 01°55'32"FOR A DISTANCE OF 56.695 METERS(186.01 FEET) TO REFERENCE POINT'C AND THE POINT OF REVERSE CURVATURE WITH A CIRCULAR CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 603.000 METERS(1,978.34 FEET); • THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 06°26'15" FOR A DISTANCE OF 67.752 METERS(222.28 FEET) TO A NON-TANGENT POINT ON A CIRCULAR CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 1,156.328 METERS (3,793.72 FEET)AND A TANGENT BEARING OF SOUTH 01°3710 WEST;THENCE RUN SOUTHERLY ALONG THE MC OF SAID CIRCULAR CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 02°25'46'FOR A DISTANCE OF 49.030 METERS (160.86 FEET);THENCE ALONG THE EAST LIMITED ACCESS RIGHT-OF-WAY UNE OF STATE ROAD NO. 5(BISCAYNE BOULEVARD) FOR THE FOLLOWING TWO(2)COURSES:(1) NORTH 28°05'09"WEST A DISTANCE OF 9.346 METERS(30.66 FEET); (2) NORTH 05°24'59"WEST A DISTANCE OF 63.659 METERS(20&85 FEET);THENCE ALONG THE EAST RIGHT-OF- WAY LINE OF STATE ROAD NO..5(BISCAYNE BOULEVARD)FOR THE FOLLOWING TWO(2) COURSES: (I)SOUTH 87°30'59" WEST A DISTANCE OF 4.267 METERS(14.00)FEET; (2)NORTH 02°0721'WEST A DISTANCE OF 101.121 METERS(331.76) FEET TO THE POINT OF BEGINNING. 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'' 0 — K yrri INIMMUIP ----1 rag= -111-44- LLI CD - 1 - 11 111-mg lA.Hf'J I ' 7� =8 i'i.' ?ii 1..-.2._-..—:.---------: ::..t.1:3:1§-3114.%%— MS�§14lfE_ ---Sinli II I IFS .163 �S _�. •aim-* 162'-0" _ FRONT ELEVAVON SCALE:3132.=1.-0" 31'-0' 88'-S• 58-10' Stucco and 1400d Wall No=doss behind OPTION 175 SQ.FT 'too p EXCEPTIONS HumEO OExC1PT10N1NOTEO .___- __ - . . ,•ImE• , O RESUO RT __ O'EJECTED 7 REVIEW O1 DIM DOCUMENT RAS PEEN MADE ONLY FOR 'I THE CONFORMANCE WITH THE DESIGN CONCEPT OF TME I MONO'O ANr MIE - [ONTa NOTED NOT NOTED . Total� - aIIALL NOT RELIEVE TIE CONTRACTOR IRORESPONSIVE/TY -__ -- - � .„ - .- _ _11! FORAM'ERRORS TNE REIN OR FOR F1JRM31M3 THE WONT 38'-10• SPIRITS.BIER d MORE 1 N COaP'UANCt VAN THE CONTRACT DOCUMENTS _ ELROO YW$E[ERMO,LLC `ttotil1i111/I71t. DATE Wilts-111h E-i"---:•`— .0 I , �•••-k Ij......OBERa;.1, I • ,i ?4�: NiFl76714 %',`9� 0 r t I _ - T7 \J*SI Information Provided by Walton Signage PHOTO SURVEY-PROPOSED 175 SQ.FT. ,, :-o: - and Rev'ewed by Elrod Engineering SCALE'1116'=1'-0- L 1 ;"-...?01.... 90 STATE OF 444/....:C'-1 c:' Drown MA CLEW BENSONS r ', up10' ��� ELROD CHANNEL LETTERS p4etl Mrr 1s'S�0• •..p.. Checked ERA ENGINEERING 110191,7 ADDITION OFvirer.a WALTON SIGNAGE Qp� N� ,,Tp� EAC Jobs 10012810 TOTAL WINE&MORE 1016/17 ADDITION OIrd-rt I I:u Filename 00F2810e9 'AVT„nI566LVU"aulTx:lo 10101 REUNION PLACE SUITE 500 19925 BISCAYNE BLVD. > 4 /O/18/ZOII Created 9/29/2017 aMNA.1 SAN ANTONIO, TX 78216 AVENTURA, FL 33180 [ - - 27'•1 W. 08-32 x 1/2"PHILLIPS SCREWS 5' 3`T .040 BLACK ALUM COIL(PPC-O40-011) ii 1 • 1'TRIM CAP(CUPS READ FOR LARGER LETTERS) 11 ITRANSFORMER BOX W/POWER SUPPLY it \NI ti li oWATER-PROOF TOGGLE SWITCH ie Totall ACRYLIC FACE Tc .040 ALUMINUM BACKS(PPS-040-WW) / PASS THRU KIT TO POWER SUPPLIES -1' _ RED(TOTAL WINE)&WHITE PRINCIPAL LEDs 111111k E ^`"',, y SPIRITS • BEER & MORE '- ` ' PRIMARYELECTRK;AL 1� FASTENERS PER SITE CONDITIONS— I TOTAL AREA 175 sq.R 1/4'WEEP HOLES A • FACES CHANNEL LETTERS-(1)REQ'D OPTION 2 •MANUFACTURE AND INSTALL(1)SET FACE-LIT CHANNEL LETTERS •WHITE L.E.D.ILLUMINATION SECTION DETAIL @ CHANNEL LETTERS: •FLUSH MOUNT TO FASCIA N.T.S. 'TOTAL WINE" -FACES:SG278(2793)RED ACRYLIC FASTENER SCHEDULE •TRIM CAP: 1'BLACK JEWEUTE SIGNAGE COLOR SPECIFICATIONS •RETURNS:S DEEP.040(PPC-040-BW)BLACK-INSIDE WHITE )LttD ENOTEDEPDONS NOTFOR USE WIT OR EIFS WALL0 EILCEPTKNS NOTED ElSG278.0 RED ACRYLIC JIB'lIO SYSTEMS_ SCREW I.VT MIN PENETRATIONS(E%0.-TP) "GRAPES" 0 RESUBMrt � ST DIA THREADED FOR USE WITH WOOD.CONCRETE -FACE:PLUM PURPLE,BRILLIANT GREEN,BLACK4.,..4,... ROO♦BEARING PLATES BLOCK OR EIFS WALL SYSTEMS -TRIM CAP: 1'BLACK JEWEUTE D REJECTED ■3M 3630-128 PLUM PURPLE -RETURNS:S DEEP.040(PPC-040-BW)BLACK-INSIDE WHITE ■3M 3630-106 BRILLIANT GREEN ,t .. TMA ED FOR USE WITH • WOOD,(ONC7tETE M REVIEW OF THIS DDCUYENT HAS BEEN MADE ONLY FOR ROD BLOCK OR EIFS WALL SYSTEMS THE CO FOFOAN CE WITH THE DESIGN CONCEPT OF THE 3M 3630.246 TEAL GREEN r YET REO HEAD LD.T. FOR USE WITH CONCRETE BLOCK, "SPIRITS BEER 8 MORE" PROJECT AND ANY COMMENTS NOTED OR NOT NOTED ■ f r (LARGE DIAMETER BRICK OR CONCRETE, -FACE:TEAL GREEN SNAIL NOT RELIEVE THE CONTRACTOR FROM RESPONSIBILITY ■3M 3630-22 BLACK —' TAPCpN) EMBED A MIN OF 2 ITT -TRIM CAP: 1'BLACK JEWELITE FOR ANY ERRORE THEREIN OR FOR FUWMHBIG THE WORN ___ DIA.WTI HIT ROD -RETURNS:5'DEEP.040(PPC-040-BW)BLACK-INSIDE WHITE INcav,JANCEVATHTHECONTRACTD000MENTS 4 j Bo FORMEDAMINOCPETE, `^` EMBED A MIN OF T ADHESIVE "DOT" cum EMCWEERNFG.LLC YrMLT HIT ROD FOR USE OOEED AMAMOFRYSANBD'BRICK _PLUM PURPLE WITH HyJOADHESIVE -TRIM CAP:VBLACK JEWEUTE GATE LII"117 BY c \ T0oa 1S:5'DEEP.040(PPC-04041W)BLACK•INSIDE WHITE - * 31T DIA HETI HIT ROD FOR USE WITH CONCRETE BLOCK, �`�� f PPI WITH HylOAOIIESNE EMBED AMIN.OF T ,,��A 008 ERT Sa,i�fr yr DIA.urn HLc FOR USE WITHCONCRETE.MASONRY ti, V C N F'•%•:15":::.v • SLEEVE ANCHOR EMBED AMIN.OF 3 yr 13, No 70314 •.9 AND BacK :.,,,A 'A tr.-0:42 1 CS ATE OF : : Information Provided by Walton Signage ¢•: and Reviewed by Elrod Engineering ^ per. STATE OF • LUQ ''.•4%;4, RT0As—,`.144.:: Drown 0T! ELROD CLIBlT: CHANNEL LETTERS ONS v,.—t Na U `` ELROD e;,,�� Checked ERA ENGINEERING TWBHT ADDITION°F SHEET S2 1I:11S+ WALTON SIGNAGE C—� EAC Job. 100:2640TOTAL WINE&MORE lalBm ADOTTD"oFSHEETs' V rn SEVIN OAKS BLVD.,BUTTS 314 10101 REUNION PLACE SUITE 500 10/18/2017 Rename 10(k2640.* ATMS7ICT SAN ANTONIO, TX 78216 19925 BISCAY 3E BLVD. > Created ((29/2017 BOB653d1u AVENTURA, FL 33180 GENERAL NOTES: 1. go Not Guam Direct all Questions Concerning Tb Mowing to Elrod Engineering, LLC.(615-090-9405) 2. Po Not Scale This Drawing. A (9m11101 Ale not to We Re Produced Eros This Drawing_ 4. Structural Steel Tubing Shall Conform to 1CTM .Sim Grade 'B' (fy• 46 ksl). 5 Aluminum Structural Slopes shall Conform to the Specifications hon The Aluminum Association's Existing Aluminum Design Mowed 2010 for 6061-16: Exterior rely 5 studng Syv/Aadmgulor like &Rand Pipe (9y..15kel Unwelded) t Plate and Angle(Fe35kM UmMEed) All Structural Shapes (Welded Fy 15kel S 0.]]5' Thick, Ilk& > 0.]]5' Thick) 3h-16 Stalniees stew Screw 6. for welding aluminum. Use 5156 allay electrodes for 8081 Base Metal. W/16' Snap-Toggle 7 .Vteratbn to any Fabmated Pot of the Structure by Use of a Cutting Toch or ony Other Meme Is Intl per Menufocturer's RMRlted Without the Consent of the Engineer. Existing II R«munmNetime can be Mtdnsl through 1. X Wood AwAF9 Owin www.toggler.com H. r iJ W I t,Tlit51s• ��/////g •hI / �� I e IrT: :71X m 0311 X 4% lid©CL- 1-116 stable, as screw I W/X perplanuac 0 Retell per Recommendations R««onmmemwn. %-l6 Stabiles. Sled Screw be obtained through Structure Elevation www.toggler.com Witt Sn«-Togo. (Tog) wuw«amnmmr«ratupMmamr>. II wm.m 0 obtained obtainthrough o.'aggv.om (TW W) Stainless steal Screw/ q 9 of ,- Snap-Toggle I y Install per Manufoctur✓e SECTION Recommendatlme I'-D' A can be obtained through www.tegglr. p INUI - O 4, oiiiis� ,, DESIGN CRRFRIA 111 $24"; 4•\,\GENgF•';N see Bolding Code 2014 FTC 5th Edltlon/ASCE 7-10 Na ysBtd ':� Analysis: LRFD-A1SC 14th SNAP-TOGGLE BOLT DETAIL -L: '4:. Chestu 1& Seaton 15091.E pGtE: 6' Y-0• �1 _ ,_ Uitknate NW Speed Notw 175 11 `(_ Normal 'Md Speed V.s w 135 mph J._ STATE I)M �4/.^. Rex Category II V�a V.'XIA Vig' :II\ 4v; Wove: C S;�,yHE�MMe' ram EL °e PENSIONS eNmaw.,ea 9d. allosa WALTON SIGNAGE CHANNEL LETTERS tests, ,� d�W GC kD/ lomaM aNelteea Alae TOTAL WINE&MORE A\ rnnr.mm�mewe*%• S—i linens �Na9 mnwros .vn.eunae 10101 REUNION PLACE SUITE 500 19905 BISCATNE BLVD. 10//8/2011 Created IMMT ITMnw SAN ANTONIO. 1% T1216 AVENl11RA, FL 331130 APPLICANT REPRESENTATIVE AFFIDAVIT t_4_ Potsdam w Seclw 71-7I(0)I2N*)01 the Gly of',wast tend Dewrpnal Cod.this Applicant RepreerAtin AMdsit is Many made and submitted. The undesired witted repeaenNtiseal the ndida l wanes smiling b the Dweopenl Prank when is dMMS n Iheawwmpanling arctaan,and the deer dee meetly Mita loIlse appralen(If Menne hereby leu rd Omeyes all parsers representing IM nSOW etenley apfWc for lee Oaveepiren Pamtit in connection wen the appkation,w Nems: Name Relationship p.e.Attorneys.Architects.Landscape Architects,Eigi..r,lobbyists.Erc.) ERNEST ROBERT ALLEN ENGINEER-ELROD ENGINEERING JENNIFER WOLFE _ SIGN CONTRACTOR-WALTON SIGNAGE (Attach Additions Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON RUSTED ON THE APPLICANT REPRESENTATIVE AEFOANT SHALL BE OWING UPON THE WDMDUAL OR ENTITY APPLYING FOR THE DEVELOMENT PERMIT AND TIE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AM) AEFIMTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC.71-71(B)MOIO Of THE CITY'S LAD DEVELOPMENT REGULATIONS IN THE CITY COOL IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR CONMSSRN, THE MFORMATION PROVIDED N THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS M'HAND TMS_lf DAY OF 1JG1bAER ,7e7 AUTHORIZED REPRESENTATIVE OF APPLICANT: OWNER _ BY: gy.� _> _ (Jane: JENNIFER yay\NCIFF Name:IHS AS_HALJBENSTRICKFR Tear PERMIT EXPiEDITORTHle. SECRETARY Address:_WALTON SIGNAGE Address:FLORIDA FINE WINE 8 SPIRITS LLC 10101 REUNION PLACE,STE 500 SAITAN OFMO,I(78216 - STATE OF FLORIDA ) COIINIY OF MIAMI-DADE) Before me the undersigned authority personally appeared THOMAS NAVBENSTRICKER as the authorised represented*d the Applicant ator the owner of the property subject M the app talion,who being NI by nM.Cdr,carorn, dd wear or affirm at he/she eaecuied his Affidavit for De purposes staled therein and Wei II is bye and enact TH �^�^ AFWO \ ) AN SWORN TO D SUBSCRIBED BEFORE ME dna dry I� d L.ISOCp_ 200 t'I MAE Rjy PFMMy of Raffia Al Lrge WLRYLABD # •pjq ' E'' Printed Named Notary CW€ISrt•(MAE 21OIaeoS. cat:' r _. RL•.7A My commission etgbes:_8 (aoatz lire " ,AVBLIG i'O 0 n daioxieliv co.x?M1°�:A io Oyww..a..." BUSINESS RELATIONSHIP AFFIDAVIT' TM Mown is Wade pursuant to Section 31.71(b)(9)(a)o the City of Menace Lard Development Cate The undersigned Mars Meoy discloses guy. liars with T appkade whom any) ARYmryows r 701. Anent does lot hate a Business RNalromhip wah am member d le City Casmsen or any Ch Admen flood to Mad M OM s dt l es lie spoliation vat be presented. APPLIcems I I? Mum hereby. doses OA a does have a Business RNaliaelnp web a member a:he City Commission a a City May Bad toSO M application*I be plaMwSd.a%down BM nam d Commissioner a Mvwary Bad Member) Moo serves on the (List Cay Cammsen of Cly Advisory Board upon which member serves). The nabeeof the Business RSMcreap a se Idioms (ii. ManbaoCay Commission or Bad Bads an ownership Merest in Wawa of 1%of Ctrs assets or capital sack of Anode a Representative Ho Mamba d City Commission or Board m a paw co hmehoder(M to Maes of a corporation Mich are not bled on my national a repand stock eachanpe)or pint wawa with the Applicant of Reananlaave n any Cosiness venture: Si. The Amami a RepmenMCvau a Chant de member d the City Comwsia o'Bad a a Client al amts pdessioaal waking from the in dice of be tie same employer as the mambas of tlw Cay Common a Boal: I)iv A City Commissioner a Bad mamba e a Client d me Applicant a RepMnlative: Inv. The Appticad a Representative e a Customs d me mentos d the Cay Commission a Bad tord M a her employes)and Inroads more tan 110,000.O3 dike businessd the maser of the Cay Com is is or Board(a Na aha employe)ü,a gnencala claw yea Id. The member of to Cay Commission or Booed is a Customer of ger Appyca i a Reprewlaea and transact more than$25.000t0 ot the business d the Applicant or Rpmnnlaaven a gien calendar yea. MTESSAW FOND THS 11 BAY OF OcjtSEa_ tato(. By .:.,N Nam: THOMAS HALABFNITRICNFR (tram Tilt: SECRETARY __/pyo) WITNESS MY HAND THIS DAY OF 20112. PROPERTY OWNER'. BI' (59rMae) Nam:_ — __IPyasV Title: . (Roto 'me terms Tininess Relationship' "gpnc" tawnier' Applcal." 'Rgaesen'aae"end Taapffed Person"we*coed on Secem 239s of the AseMaa City Cad. NOTARIZATION PROVISION STATE OF FLORIDA ) CWN1Y OF LIMSOADE) BWB mei Wtundbged b0a14.peace*mewed mbReIINIMMINWA re Went ie Sag eeladd wart del Ma,or V xrxrxra earadesmid bre;Nimes reel Wien ad Wit is be AM meal -- ` gt .. E.FCey ` \ ch`:aO TgA4 ' + IMAM NYdFBARYlAPO �^•f•i•T°.IQ.0. I/011M1• LO i:Qlµ SWAN TO MOSIMSS®EO beta wel IMO al OnVBLSG SN MfC glue-into RbdNavd Nday 4F J mRmaamawaa,442,0 e•-0 arMexaneMeN STATE OGFLORIM 1 COUNTY OF WW1-DADE) ..._.._.._._._._ Bebe at re unclog eyed wrath.waNNy*pawl EReEST ROBERT ALL£ me Mat vela bang ea b w may sewn Id ewes a ebm Ml Pale weed NS WNW bre papmN reed Mean ed Mali 9tunnel t ARI INT SWORN TO AND SUBSCRIBED baba me We Ery M. ,201Z Naar Rise Sias elate Marge Reid Nem el/Wey STATE FLOTIIOA ) COUNW .....___. Ca.NttaLwW.MDEI Debt w M mdwgad atm pone.*spewed JENNIFER WOLFE reAML Op beSN Iel by me day awn.del sear or a&m rel nay weed etAMau b re mews Wed Wain and Wltb bead cared. AFFIANT SWORN TO AND SUBSCRIBED Meta me Ws_ i,S .3UE7 Wiry Puac Sheila Fane Al lege GEORGIA Raid New of Now, WmlmiYph emus:. _ _ STATE OE NdA FLaIFLORIDAcodmaF eWA0E) Bare me Ihe Rane *welly wlmewled ly/N . Me Wank who bag Bl by nit day ware 6d ems a then Fn NWit eAOINtl p W e WNW Wash ad res is We w mecl. AFFIANT BWORN TO AND SUBSCRIBEDbbeme ee_ day of _ _ .200_ Ndey Rid Hua M Flub Ntarye PAMedkeoe a can W OMTmWMn NMN.. BUSINESS RELATIONSHIP AFFIDAVIT" This Affidavit is made pursuant to Section 31.71(b)(2)(ii)of the City d Avenida Lad Development Coda The undersigned Mani hereby dadoaes Thal: (mark with Y applicable portions only) AFFIANT TO MARK'X" Id 1. A43111 6;45 BQf hae a 81111110511 ReIBli&lahp with any memberdthe City COmld65pn Or any City Advisory Boat b Which IN BO%1 OR 2 AS the apple:don will be presented. APPLICABLE 12. Mend hereby d'adose That'Make a Business Relationship Nth a member of the City Commission ore City Advisory Board I0 which the application Wil be presented,as follows: (List name of CanmasiUmr or Advisory Board Member) who serves an the (List City Commission or City/dewy Board upon which member serves). The nalao of the Business Relationship S as follows: [IL Member of City Commission a Board hods an ownership Slant in excess d l%d bled®ads or Candi clock of Applicant Of Resonates.; (Iii. Member of City Commission a Board is a pwlnt a sharehoder(es to shwas d a oarporason which are not listed on any national a regional stock nchape)a Sint venturer with the Applicant or Representative in any business venbre; flIL The Appoint or Representable is a Client of armMerd the City Commission a Board or a Clenofanoher pdesabnal waking Nan the en*e a for the same employer as the member d the CIO Commission a Board; (div. A City Commissioner a Board member is a Client of the Applicant a Representative. (Iv. The App&ad or Representative Is a Customs of the mamba at the Cly Co miteaim a Board(or of his a her employer)and nomads more to 310.000.00 of the brsinns d the member of the City Comnissbn a Bad(a his or her employer)In agiven calendar year; 11 vi. The member of the Ciy Commission or Board is a Customer of the Appkcant a Representative and Irmsacls more than$25,00000 of the business of the Applicant or Represenlatve S a given calendar year. WITNESS MY HAND THIS_DAY OF 2011. APPLICANT: By: (Signature) Name: THOMAS HAUBFNSTRICKFR (RMO Title: SECRETARY Rini) WITNESS Mi HAND THIS_DAY OF 2097. PROPERTY OWNER: By: (Sgnahve) Name: (Pd,I Title: (Rind 'The terms 'Business Relations*" There 'Customer' 'Applicant,' 'Representative'.. 'Interested Person'are defined In Section 2-395 of Be AveMLve City Code. *MESS MY H4NDTHIS II rem OF Or—Acker.201L REPRESENTATIVE:(Listed on Business RelalionsNp Affidavit) 1 C ' 5/n1 By; . _(SSaetale) By:— (Snann✓e Name:ERNEST ROBERTS ALLEY.JR.OTSRO Name: _ (Prua) Tab: ENGINEER (Pant) Tille: (Pring By:_ (Sgnafre) By: (Signature Name. JENNIFER WOLFE ow Name: (P/NO TNe: SIGN CONTRACTOR/ (PM?) Title: (Ring PERMIT EXPEDITOR By: (Signature) By: (Signature Name: _ (Print) Name: (Pont) Tide: (Print) Tide:_ (Pring i By: (Sgmtmd By: (Signature Tide: (Rang The: (iron) Tide: (Pont) Tide: (Pring By:_ (Signature) By: (Sgnmure Title: (Pring Title: (Prig) • Tills: (Prot) Tide: (Print) By: /signature/ By: (Signature Tilt: (Ring Tide: (Wm) Tide: (Rat) Tile: (Pilau NOTE: 1) Use duplicate sheets if disclosure Information for Representative varies 2)Applicants and Amants are advised to timely supplement this Affidavit pursuant to Sec. 71-71(b)(2Xiv)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 MLM.-0ADE) Bebe roe Feundesi ed may.personally appeared__xuevamo_ W dBW,wee bei.first by me cluly mom,fid teem a diem But ha/she FENS W AWN&b me purposes staled(Main andFMB is Fend caret AFFIANT SWORN TO AND SUBSCRIBED bottom mN . day of___ .PMZ. Nary MIMSI*SFbt@ Allan MARYLAND FNS NM»daolry Mycaaadcneepon SKEIN C-1-14 ��(� l Comm'm OF RN�MYJ AOrq Bebe me.me undx*gS seamy,personally appeared mixer Rowena Aaer,e W Mont who bag fist by me duty swan,dei ewer a ArmmdhNM mews les WWI Mr W pwpeseeatted therein end mel I Is true eM COMM. 11111 ttttt 8110104 TO NO BUBSCRBEDbefn metY.LLny .$ _,Sa2 z • n a- .('.. roman : Neff • s lla Rmmd NeAM tlNUYy YFGGm9+R ryA •%%%%% i P ity Kamm aria_ .y.�.,� Ay41lde UtA STATE OF FLORIDA ) CO N1Y OF MAMDADE) Bebe Me.the wgerepied&Amiy,pawn*appeared JENNIFER WOLFE_W Albnt who beig fret by me duly+wart dA Swear or an mmhWM .m MS me,Am&Mt b W purposes Wed therein end that Isloe and cared. MEANT SWORN TO AND SUBSCRIBED babe me this .day of_ . 2IX13 Nary Putt SNN d ROOF AJ Le.e GEORGIA FNS Noma of Notary --- My=Make esphaL__.— STATE OF FLORIDA .__'._..___.___._._ COUNTY OF MINA-DADE) Bebe me,the uM.dpned eumaiti.pemn*y npe,S__ — ._ — _me Mimi,who beip fart by=duly swum did weer or affirm that hdme team met MdWI or me purpose,sled tleran and till it is he and correct AFFLVIT -- _ SHORN TO AND SUBSCRIBED Mbe F this.. ._day of .PSB_ NWry RMN SNN M FbIS N Lege Plod NemenlNdmy My mmaianeWrW. —. i1 BUSINESS RELATIONSHIP AFFIDAVIT' ve.rumms This Affidavit is made pursuant to Section 31-71(b)(2Xii)of the City of Aventura Laid Development Code. The undersigned Affiant hereby dscoses that (mark with'x'applicable portions only) AFFIANT TO MARK le 6111. Affront does n4 have a Business Relationship with any member of he City Canmssm Or any City Advisory Board lo Witch IN BOX 1 OR 2 AS the appkcatiai will be presented. APPl1CABLE [ )2. Affiant hereby discloses Nal- s h a Business Relationship with a member of the City Commission or a City Advisory Board to%Mi h the application will be presented as follows: (List name of Commissioner or Advisory Board Monter) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as Idows'- ([i. Member of City Commission or Board holds an ownership interest in excess of 1%d old assets or capital stock of Applicata a Representative; [)It Member of City Commission or Board 4c a partner,co-shareholder(as to shares o1 a corporation which are not listed on any national a regional stock exchange)or joint venturer with the Applicant or Representaithe 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 waking from he sane office or for the sane employer as the member OHM Ciry Commisson or Board, iv A City Commissioner or Board member is a Client of the Applicant or Representative. [I v The Applical a Representative s a Customer of the member d the Ciry Commission a Board(or d his a her employer)end transacts more than 910.000.00 of the Minns of the member of the City Commission o Board(or his or her employer)in a given calendar year, vi. The member of the City Commisson a Board is a Customer of the Applicant a Representative and transacts more than$25.000.00 of the business of the Applicant or Represerdalive in a given calendar year. WITNESS MY HAND THIS DAY OF 2001. APPLICANT. By: (*Trove) Name: THOMAS HAUBENSTRICKER (Gino Title. SECRETARY _. (Prise) WITNESS MY HAND THIS_DAY OF 2092. PROPERTY OWNER: By, (signature) Name: (Pond Title (Prim) "The terms "Business Re%lionship," hent,' 'Customer.' 'Apogean,' 'Representative'and 'Interested Person'are defined in Section 2-395 of the Aventura City Code. WITNESS MY HAND THIS 1 --DAY OFl (10/;eg 2001, REPRESENTATIVE:(Listed on Business Relationship Affidavit) By:_ (Signature) By:_ (Sgnature Name: ERNEST ROBERT AWE(punt) Name: (Pring _ai Title: ENGINEERPmt) Title: (Print) _/Signature) By. ..— (Sgnamre Nam, JENNIFER WOLFE (prig Name: (Print) Title: SIGN CONTRACTOR/ _(Ring Tille:_ _ (Print) PERMIT EXPEDITOR By: (Sgnature) By (Signature Name: _(Peng Name:_ (Ring Title: (Pant) Title:, _(Print) By: (Signature) By: (Signature Title:_ (Pmt) Title: thing Title. (Pring Title' !Pnng By (Signature) By:__- (Signature The' (Piing Title. (Ring Title: (Print) Tale: (Pang By'' (Signature) By (Signature Tlk. (Print) Tele' (Rini) Title: (Ping Title: (Piing 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. 3i-71(6)(2)0v)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 MIAMSDADE) Bebe me.to undersigned Madly,personally wowed TMows erwvsram+uth Albawto beingMd by me duly worn.db swear or affirm that rekne bewNE DesAlba b to purposes Meted theist n is st Md thatn and oarrent. AFFIANT - — — - -- SWORNTOANDSUBSCRIBEDbelose menu , day of_ —_ XII Ncary Pubic Sete of Florida Al Large MARYLAND Punted Name of Notary MYcoronation epas:_ — __ STATE YPFLORIDA MLU4 ) COUNTY OF MMM-0ADE) Bebe me,the undersgned authority.personally appeared E NEST WOOERS-AWE pe Alba tem being first by me day sworn,db mew a affirm the lrefM boated this Affidavits the pusWMseated Ween and Pal is ue and cased AFFIANT_. _ _. ._...— SWORN TOAND SUBSCRIBED before methis day M_ .— ,201j Notary Pudc Slate of Ronda N ISP PnnedNem.ofNyay — --- My eenrnissim expires_ __ STATE OFFLORIDA ) COUNTY OF MWMI.DADE) Bebe me the understated d autoity,pewSWly appeared JENNIFER WOLFS__the Mans who Petra by me duly shnrn,db swear a affirm that tWShe executed this Alfea it los the purposes seed therein and theta is true and wneN M BENT — . NOTARY PUBLIC Vette{ �I—}I e{ AFFwrt Oekalb County SWORN TO ANO SUBSCRIBED before me Me EY-. ay of 200j Slate Of Georgia My Comm_Fxpi__Sept. 10,2019 Notary Peet lea#14.. Fbna yL— GEORGIA --- Panted Naresl Nom: a.fs 10 QOaQ My ranmesim spies ST STATE Of FLORIDA COUNTY CF MIAMIDADE) Bebe me.the undersigned authority,personally appeared —. the Mani v.Vlo Ming fief by me duly swam.db swear a alien that mime yews nu Obit for the purposes aMMed therein Md that i1 is the and cared. SWORN TO AND SUBSCRIBED babe me this_ _ day of _ —. _200_ Nosy Pudic Sete 01 Dodds At Large Pooled Nae of Notary -- — My commission wares.___... RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR THE TOTAL WINE & MORE LIQUOR PACKAGE STORE ON THE COMMERCIAL PLAZA TENANT SPACE AT 19925 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Applicant, Florida Fine Wine & Spirits LLC dba Total Wine & More, through Application No. 01-SV-18, has requested a sign variance to permit a wall sign measuring 175 square feet on the west elevation of the Total Wine & More liquor package store in the commercial plaza tenant space at 19925 Biscayne Boulevard, where a wall sign measuring 162 square feet is permitted by Code; and WHEREAS, the property described herein is zoned B2, Community Business District; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the application for the increased size of wall sign meets the criteria of the applicable codes and ordinances to the extent the application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 01-SV-18 for Sign Variance to permit a wall sign measuring 175 square feet on the west elevation of the Total Wine & More liquor package store in the commercial plaza tenant space at 19925 Biscayne Boulevard, legally described as Part of Tract A-12, Aventura Twelfth Addition, according to the plat thereof recorded in Plat Book 146 at Page 19 of the Public Records of Miami-Dade County, Florida, is hereby granted exclusively to the applicant, with the following conditions: 1. That the proposed 175 square foot wall sign on the west elevation substantially comply with the following drawings submitted with this application: • "Total Wine, Spirits & More", Channel Letter Sign, Sheet S-1, prepared by Elrod Engineering, dated 9/29/17, revised, signed and sealed 10/18/17. City of Aventura Resolution No. 2017-_ . "Total Wine, Spirits & More", Channel Letter Sign, Sheet S-2, prepared by Elrod Engineering, dated 9/29/17, revised, signed and sealed 10/18/17. • "Total Wine, Spirits & More", Channel Letter Sign, Sheet S-3, prepared by Elrod Engineering, dated 9/29/17, revised, signed and sealed 10/18/17 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 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 , 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 Commissioner Howard Weinberg Mayor Enid Weisman PASSED AND ADOPTED this 7tn day of November, 2017. Page 2 of 3 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 3 of 3 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ' -CM City Manager BY: Joanne Carr, AICP Community Developm IT Director DATE: November 3, 2017 SUBJECT: Request of Gulfstream Park Racing Association Inc. for Modification of the conditional use approval granted through Resolution No. 2006-62 to (1) extend the time limit to obtain a building permit for seven years from the current expiry date and (2) to modify the legal description of the MO-zoned parcel and (3) to delete reference to development plans approved through the Resolution and (4) to reconfirm parcel size, maximum density and maximum height as approved through Resolution No. 2006-62, for a parcel of land zoned MO, Medical Office District located on the north side of NE 213 Street, City of Aventura (02-CU-06 (REV))pp November 7, 2017 City Commission Meeting Agenda Item -t FS RECOMMENDATION It is recommended that the City Commission: 1. Approve the request for to extend the time limit for obtaining a building permit for residential development of the property with a maximum height of 25 stories and 259 feet with a maximum density of 35 dwelling units per acre, from May 9, 2018 to May 9, 2025, and 2. Approve the request for deletion of the specific development plans listed in Resolution No. 2006-62, and 3. Modify the legal description of the land in Resolution No. 2006-62 to delete the 2 acre parcel to be purchased by the City and to add the 2 acre piece of the applicant's landholding that has been rezoned from B2, Community Business District, to MO, Medical Office District, and 4. Reconfirm the parcel size of 13.715 acres, maximum density of 35 dwelling units, or a maximum of 480 residential units, and a maximum height of 25 stories or 259 feet, as approved by Resolution No. 2006-62 upon the following condition: (i) Administrative site plan approval is required prior to issuance of a building permit for residential development on the parcel. Application and approval of a site plan shall be made in accordance with Section 31-79 of the City Code. THE REQUEST The applicant, Gulfstream Park Racing Association Inc., is requesting modification of the conditional use approval granted by the City Commission through Resolution No. 2006-62, to extend the time to obtain a building permit for seven years from its current expiry date, to delete the reference to specific site development plans, to modify the legal description of the development parcel and to reconfirm the parcel size, maximum residential density and maximum building height, all for a parcel of land located on the north side of NE 213 Street between Biscayne Boulevard and NE 34 Avenue, City of Aventura. (See Exhibit#1 for Letter of Intent and Exhibit#2 for Resolution No. 2006-62) BACKGROUND OWNER OF PROPERTY Gulfstream Park Racing Association Inc. APPLICANT Gulfstream Park Racing Association Inc. LOCATION OF PROPERTY North side of NE 213 Street between Biscayne Boulevard & NE 34 Avenue See Exhibit#3 for Location Plan LEGAL DESCRIPTION See Exhibit #4 for Legal Description SIZE OF PROPERTY Approximately 13.715 acres (includes 12.72 acres of applicant's landholding zoned MO, plus 0.98 acres of land sold to the City as per 2006 agreement) EXISTING ZONING MO, Medical Office District FUTURE LAND USE DESIGNATION Business and Office Zoning — Subject property: MO Medical Office District 2 Property to the North: CR-A Commercial Recreation —Active and RM-18 Multifamily Residential City of Hallandale Beach Property to the South: RS2 Residential Single Family District and CNS Conservation District Property to the East: ROS Recreation Open Space and RS5 Single Family Residential City of Hallandale Beach Property to the West: B2 Community Business District Existing Use — Subject property: Vacant, Temporary Parking Area, Horse Barns Property to the North: Gulfstream Race Track and residential City of Hallandale Beach Property to the South: Residential and conservation uses Property to the East: Neighborhood City park and residential (City of Hallandale Beach) Property to the West: Vacant 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: Commercial Recreation, City of Hallandale Beach Property to the South: Medium High Density Residential and Parks and Recreation Property to the East: Medium Density Residential and Low Medium Density Residential, City of Hallandale Beach Property to the West: Business and Office HISTORY OF THE PROJECT 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, containing approximately 32 acres. The west half of the parcel, or approximately 19.5 acres is zoned B2, Community Business District and the east half, approximately 12.72 acres, subject of this application, is zoned MO, Medical Office District. An overall plan showing the total landholding is attached as Exhibit #5. The dimensions of the newly reconfigured MO parcel are shown in green and red color in the plan attached as Exhibit#6. In 2006, Gulfstream Park entered into an Agreement of Purchase and Sale with the City wherein the City acquired seven acres for park purposes. This is the site of Waterways Park on NE 213 Street. As part of that agreement, the applicant applied for and received conditional use approval for a residential development on its remaining MO 3 zoned parcel, totaling 12.72 acres plus density entitlement to 0.98 acres of land sold to the City, for a total parcel size of 13.715 acres upon which the residential density was based. The conditional use approval permitted a 25-story, 259 foot tall residential condominium building with 480 residential units with access from NE 213 Street. The building was designed in a crescent shape with tiered levels from 25 stories at the westerly limit to 4 stories at the easterly limit closest to the City park. To respect the existing residential development to the south, the building was oriented so that the main entrance faces the west with a long driveway approach. The tiered levels minimize the overall massing of the building and there is a landscaped front yard setback of 65 feet, where 50 feet is required by Code. The application met all site development criteria of the MO zone, with the exception of type of use and height, which were approved as conditional uses by Resolution No. 2006-62. The approval listed the specific development plans submitted by the owner. Resolution No. 2006-62 also approved a five year time limit in which to obtain a building permit for the residential development, or, until October 3, 2011. That time limit has been extended since 2011 through both City Commission motions and State of Florida House and Senate bills to May 9, 2018. The Agreement of Purchase and Sale between the applicant and the City for purchase by the City of 2 acres adjacent to Waterways Park provides, as one of the seller's conditions to closing, that the City consider modifying the conditional use approval granted through Resolution No. 2006-62 to extend the time limit to obtain a building permit for 7 years, revise the legal description of land to the newly configured lot after sale of the 2 acre parcel to the City and the rezoning of 2 acres of B2 zoned land to MO zone, delete the requirement that the development of the MO parcel with the conditional use development rights be tied to the site development plans submitted in 2006 and that the City would reconfirm the applicant's rights to construct a building or buildings based on the original acreage of 13.715 acres with a maximum density of 35 dwelling units per acre and not to exceed 480 units, with a maximum height of 25 stories or 259 feet. ANALYSIS OF THE REQUEST Public Notice - Public Notice of this application for modification of conditional use approval has been published and the property has been posted in accordance with Section 31-71(e) of the City Code. A courtesy notice has also been mailed to property owners of record located within a radius of 300 feet from the property. Community Development Department Analysis — The property is located in the MO (Medical Office) District. Multifamily residential uses, with a maximum density of 35 dwelling units per acre, are allowed in this zone following conditional use approval by the City Commission. The permitted height in this zone is 10 stories or 100 feet, except that uses exceeding the height limit are allowed following conditional use approval by 4 the City Commission. Conditional use approval for the residential use, with a maximum density of 35 dwelling units per acre or a maximum of 480 units and for increased height, up to a maximum height of 25 stories or 259 feet, were approved by the City Commission through Resolution No. 2006-62 passed on October 3, 2006. The shape of the parcel zoned MO, Medical Office District, has changed after the applicant's sale of 2 acres to the City and after rezoning of 2 acres of its land from B2, Community Business District to MO, Medical Office District. This new shape of the MO parcel will require review by the applicant to determine the ultimate building configuration. The applicant has therefore requested that the time limit in which to obtain a building permit be extended for 7 years and that specific site development plans listed in the 2006 Resolution be deleted while reconfirming the approved parcel size, maximum density and height. Administrative Site Plan Approval pursuant to Section 31-79 of the City Code will be required prior to issuance of a building permit for development of this parcel. 5 L MASTRIANA & CHRISTIANSEN, PA ATTORNEYS AT LAW 1500 North Federal Highway, Suite 200, Fort Lauderdale, Florida 33304 Visit our web site: www.m-c-law.cam Edwin J.Stacker,Esq. Broward (954)566-1234 Email: a c-law „ �_.. Dade (305)949-1234 Js'ef/t- N AVENTL'^A w.,_ Main Facsimile: (954)566-1592 Direct Line 954-618-6911 CITU OF AVENiU!:A MAY 1 1 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 Conditional Use Dear Ms. Can: This Letter of Intent is submitted on behalf of the Applicant,the owner of that certain 12.72 acre parcel ("Property") the subject of the attached Application to amend the existing Conditional Use Approval granted through Resolution No. 2006-62. 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. 213th St., and to the east of the City Park. In 2006, the City and the Applicant entered into an agreement that resulted in the City acquiring a seven(7)acre parcel for park purposes. As a condition precedent to the conveyance to the City, the City adopted Resolution No. 2006-62, granting Conditional Use Approval for 480 multifamily units on approximately 12.7 net acres of land zoned MO,which permits residential uses by conditional use approval. This Conditional Use Approval is presently tied to an existing approved site plan, and presently has an expiration date of September 10, 2017. Exhibit 1 02-CU-06 REV Joanne Carr May 10, 2017 Page 2 Now that the City has approached the Applicant to acquire an additional two (2) acres of land for future public purposes ("Aventura Parcel"), the existing MO parcel needs to be modified to remove the two (2) acres proposed to be acquired by the City, and to add an additional two (2) acres, which are presently the subject of a separate zoning application, for inclusion in this Application. Accordingly,this Application proposes to amend the existing Conditional Use Approval by reconfiguring the MO parcel by effectively "swapping out" the Aventura Parcel with two (2) acres of property to the west which are presently zoned B2, but are pending consideration of rezoning to MO. The Applicant recognizes the overall benefit to the City to acquire the additional two (2) acres, and to do so in a timely manner to accommodate future anticipated needs. However, in light of the timing factors involved, and given the location of the Aventura Parcel, the Applicant's unique reconfigured parcel will require an extensive review and an ultimate development of an entirely new site plan proposal. The amended Conditional Use Approval requested by this Application would grant the Applicant the continued-right to develop the Property by permitting 480 multifamily units within a maximum 25-story(259') building(s), subject to future site plan approval. The amended Conditional Use Approval would also extend the effective date within which a revised site plan is required to be approved for seven(7) years beyond the present expiration date. In summary, the Applicant believes that this request is consistent with the long-range objectives of the City of Aventura, and that the requested use is a common-sense approach for both the City and the Applicant to achieve mutually-beneficial goals. We thank you, in advance, for your consideration, and trust that you will lokk favorably upon our request by granting approval. Sincerely, EDWIN J. TACKER,ESQ. RESOLUTION NO. 2006-62 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT MULTIFAMILY RESIDENTIAL USES WITH A MAXIMUM OF 35 DWELLING UNITS PER ACRE ON A 13.715 ACRE PARCEL OF LAND IN THE MO, MEDICAL OFFICE DISTRICT, WHERE MULTIFAMILY RESIDENTIAL USES WITH A MAXIMUM DENSITY OF 35 DWELLING UNITS PER ACRE AND WITH A MINIMUM LOT AREA OF TWO ACRES MAY BE PERMITTED BY CODE IN THE MO, MEDICAL OFFICE DISTRICT, AS A CONDITIONAL USES; AND TO PERMIT A USE THAT MEASURES 25 STORIES AND 259 FEET HIGH IN THE MO, MEDICAL OFFICE DISTRICT, WHERE USES THAT EXCEED THE HEIGHT LIMITATION OF 10 STORIES AND 100 FEET MAY BE PERMITTED BY CODE IN THE MO, MEDICAL OFFICE DISTRICT AS A CONDITIONAL USE; AND TO GRANT A FIVE (5)YEAR TIME LIMIT FROM THE DATE OF THIS RESOLUTION IN WHICH TO OBTAIN A BUILDING PERMIT, WHERE THE CODE PROVIDES THAT THE TIME FOR OBTAINING A BUILDING PERMIT IS 12 MONTHS FROM THE DATE OF THE APPROVING RESOLUTION UNLESS OTHERWISE PROVIDED IN THE APPROVAL, ALL FOR A PARCEL OF LAND LOCATED ON THE NORTH SIDE OF NE 213 STREET BETWEEN BISCAYNE BOULEVARD AND NE 34 AVENUE, CITY OF AVENTURA, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" TO THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned MO, Medical Office District; and WHEREAS, the Applicant, Gulfstream Park Racing Association, Inc., through Application No. 02-CU-06, has requested conditional use approval to permit multifamily residential use with a maximum density of 35 dwelling units per acre and with a lot area of 13.715 acres in the MO, Medical Office District, where multifamily residential uses with a maximum density of 35 dwelling units per acre and with a minimum lot area of two acres may be permitted by Code in the MO, Medical Office District as a conditional Exhibit 2 02-CU-06 REV Resolution No. 2006-62 Page 2 use; and conditional use approval to permit a use that measures 25 stories and 259 feet high in the MO, Medical Office District, where uses that exceed the height limitations of 10 stories and 100 feet may be permitted by Code in the MO, Medical Office District as a conditional use; and a five (5) year time limit in which to obtain a building permit for the proposed development of land, such term to commence on the date of approval of this resolution, where the Code provides that the time for obtaining a building permit is twelve months from the date of the approving resolution unless otherwise provided in the approval, all on land located on the north side of NE 213 Street, City of Aventura, more particularly described in Exhibit "A"to this resolution; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission has reviewed the applications for conditional use and finds that the conditional uses requested meet the standards for approval of conditional uses as set forth in Section 31-73(c) of the City's Land Development Regulations; and WHEREAS, the City Commission has reviewed the applicants request for a five (5) year time limit from the date of this resolution in which to obtain a building permit for the proposed development pursuant to Section 31-73(e)(2) and finds that this time limit is necessary to accomplish the marketing and permitting of this development; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 02-CU-06 for conditional use approval to permit multifamily residential use with a maximum density of 35 dwelling units per acre on a 13.715 acre parcel of land and to permit a use measuring 25 stories and 259 feet high Resolution No. 2006-62 Page 3 in the MO, Medical Office District, for land described in Exhibit "A"is hereby granted, upon the following condition: 1. Plans shall substantially comply with those submitted with this application and listed below: • "Gulfstream Parkview", Cover Sheet, prepared by Fullerton Diaz Architects Inc., dated, signed and sealed September 15, 2006. • "Gulfstream Parkview", Site Data Legend, Sheet A-100, prepared by Fullerton Diaz Architects Inc., dated, signed and sealed September 15, 2006. • "Gulfstream Parkview", Lot Coverage & Open Space, Sheet A-100.1, prepared by Fullerton Diaz Architects Inc., dated, signed and sealed September 15, 2006. • "Gulfstream Parkview", FAR and Units Calculations, Sheet A-100.2, prepared by Fullerton Diaz Architects Inc., dated, signed and sealed September 15, 2006. • "Gulfstream Parkview", Infrastructure Plans, Site Plan — North, Sheet SP-3 of 3, prepared by Joseph Roles and Assoc., Inc., dated, signed and sealed September 15, 2006. • "Gulfstream Parkview", Infrastructure Plans, Site Plan — South, Sheet SP-2 of 3, prepared by Joseph Roles and Assoc., Inc., dated, signed and sealed September 15, 2006 • "Gulfstream Parkview", Water Distribution and Sewage Collection System, Paving, Grading and Drainage Cover Sheet, prepared by Joseph Roles and Assoc., Inc., dated, signed and sealed September 15, 2006. • "Gulfstream Parkview", Infrastructure Plans, Notes, Details & Specifications, Sheet C-2 of 14, prepared by Joseph Roles and Assoc., Inc., dated, signed and sealed September 15, 2006. • "Gulfstream Parkview", Infrastructure Plans, Pavement Typical Details, Sheet C3 of 14, prepared by Joseph Roles and Assoc., Inc., dated, signed and sealed September 15, 2006. • "Gulfstream Parkview", Infrastructure Plans, Water and Sewer Plan, Sheet C-4 of 14, prepared by Joseph Roles and Assoc., Inc., dated, signed and sealed September 15, 2006. • "Gulfstream Parkview", Infrastructure Plans, Water and Sewer Profiles, Sheet C-5 of 14, prepared by Joseph Roles and Assoc., Inc., dated, signed and sealed September 15, 2006. • "Gulfstream Parkview", Infrastructure Plans, Grading and Drainage Plan, Sheet C-6 of 14, prepared by Joseph Roles and Assoc., Inc., dated, signed and sealed September 15, 2006. • "Gulfstream Parkview", Infrastructure Plans, Drainage Details, Sheet C-7 of 14, prepared by Joseph Roles and Assoc., Inc., dated, signed and sealed September 15, 2006. • "Gulfstream Parkview", Infrastructure Plans, Drainage Details, Sheet C-8 of 14, prepared by Joseph Roles and Assoc., Inc., dated, signed and sealed September 15, 2006. Resolution No. 2006-62 Page 4 • -Gulfstream Parkview", Infrastructure Plans, Geometry, Paving & Marking Plan, Sheet C-9 of 14, prepared by Joseph Roles and Assoc., Inc., dated, signed and sealed September 15, 2006. • "Gulfstream Parkview", Infrastructure Plans, Parking Garage Marking Plan, Sheet C- 10 of 14, prepared by Joseph Roles and Assoc., Inc., dated, signed and sealed September 15, 2006. • "Gulfstream Parkview", Infrastructure Plans, Roadway Modification Plan, Sheet C-11 of 14, prepared by Joseph Roles and Assoc., Inc., dated, signed and sealed September 15, 2006. • "Gulfstream Parkview", Infrastructure Plans, Pollution Prevention Plan, Sheet C-12 of 14, prepared by Joseph Roles and Assoc., Inc., dated, signed and sealed September 15, 2006. • "Gulfstream Parkview", Infrastructure Plans, Pollution Prevention Details, Sheet C- 13 of 14, prepared by Joseph Roles and Assoc., Inc., dated, signed and sealed September 15, 2006. • "Gulfstream Parkview", Infrastructure Plans, Fire and Access Plan, Sheet C-14 of 14, prepared by Joseph Roles and Assoc., Inc., dated, signed and sealed September 15, 2006. • "Gulfstream Parkview", Landscape Plan, Sheet L-1, prepared by Witkin Design Group, dated, signed and sealed September 14, 2006. • °Gulfstream Parkview", Landscape Details, Sheet L-2, prepared by Witkin Design Group, dated, signed and sealed September 14, 2006. • "Gulfstream Parkview, Ground Level Plan, Sheet A-101, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. • "Gulfstream Parkview", Parking Levels 2 & 3, Sheet A-102, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. • "Gulfstream Parkview", Parking Level 4, Sheet A-103, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. • "Gulfstream Parkview, Amenity Level 5, Sheet A-104, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. • "Gulfstream Parkview", Level 6, Sheet A-105, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. • "Gulfstream Parkview", Levels 7-9, Sheet A-106, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. • "Gulfstream Parkview", Levels 10 and 11, Sheet A-107, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. • "Gulfstream Parkview", Level 12, Sheet A-108, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. • "Gulfstream Parkview, Levels 13-17, Sheet A-109, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. • "Gulfstream Parkview", Levels 18 & 20, Sheet A-110, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. • "Gulfstream Parkview, Levels 19 & 21, Sheet A-111, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. Resolution No. 2006-62 Page 5 • "Gulfstream Parkview", Levels 22 & 24, Sheet A-112, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. • "Gulfstream Parkview", Levels 23 & 25, Sheet A-113, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. • "Gulfstream Parkview" Roof Plan, Sheet A-114, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. • "Gulfstream Parkview", South Section, Sheet A-201, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. • "Gulfstream Parkview" East Elevation, Sheet A-301, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. • "Gulfstream Parkview , West Elevation, Sheet A-302, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. • "Gulfstream Parkview" North Elevation, Sheet A-303, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. • "Gulfstream Parkview", South Elevation, Sheet A-304, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. Section 2. The applicant's request for a time limit of five (5)years from the date of this resolution in which to obtain a building permit for the development is hereby granted, on the condition that the plans submitted for building permit substantially comply with those submitted with this application and listed in Section 1. of this Resolution. Failure to obtain a building permit within this time period shall render the approvals granted in Section 1. of this Resolution null and void. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Joel, who moved its adoption. The motion was seconded by Commissioner Stem, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Bob Diamond yes Commissioner Harry Holzberg no Commissioner Billy Joel yes Commissioner Michael Stem yes Commissioner Luz Urbaez Weinberg yes Mayor Susan Gottlieb yes Resolution No. 2006-62 Page 6 PASSED AND ADOPTED this 3b day of 0 • .er, 2006. , SUSAN GO LIEB, MAYOR ATT - �/ it , T' SA M. SORE, M C CLERK APPROE�{ D AS JO LEGASUFE FIC/IyICY: N CITY ATTORNEY ' }'f� This R r elution was fil=• th:)Office of the City Clerk this `!—day of 0410&•-•;>2006. A ' i.._. i.I. Cl 4 ERK 4 cm/ 6Ir rt LAND DESCRIPTION: TRACT A. PuUwso1 bets A and Tract B, EOM ACRES. acs le ding the plot trams a order n sr. Bey 76. Page 30 el the Public Record; al idiomi-Dade County, gpido, being mom PolicuIcn. described as Iagot4 BEGINNING of the Northeast corner of said Poet B and the Hartbeest corner at Secllor, 34, Iownshi 51 South. Range 42 Cost THENCE South 029114" East On the East lee of said Trost B and the Eon line et sod Sec,::. 34, p distance of 541.55 bel to the Northeast corner of a parcel oI longs conveyed Aviator* for h;ghwy Purposes by Right-al-Noy Otto recorded in OOic•o Records Beal: 179. Page 3669 of the Public Records of Miami-Dade County. Florida. THENCE on Int North lint of said Parcel conveyed to the City of Avenlura the follow,: three I. arses and distances; I.South 5029141 Welt, a distance of 32.10 test (31.63 Int by deed) to the begish.ng 0 tangent curve Canter, to lie Norinwest; ` 2.Southareelorly on the arc at sold curve having a rodus el 330.00 feel. through ,: :entror ..rife • 1373207" (9'34'35' by deed). en etc Slane of 216.19 bel (21643 Wt by arced) '.< point of tangency. n .. 3.South 680112' West. o distance of 107 68'feet THENCE North 015205" West. o distance of 523.56 feel; THENCE South 889963" West. o distance of 581.07 Heft THENCE South (1152'05" Cost. o dislo s el 525.02 feel to the intersection nlh the over tr. Ie. said Parcel et1 lond cenwMd to Ine CR). n of Anluro: v1 THENCE South 5801'22' Rol on said North lily o distance of 461.33 feel, THENCE Norm 015838" West. a distance of 629.41 Ind to intersection fifth Ine Nora '.in Tract A and the North line el said Section .34: Cr THENCE North 86DI.22" East co sold Nam me of Tract A and the North Tae of Sec-<n 34 alewife of 1,32103 lest to the PONT Cr BEGINNING: TOGETHER WIN THE FOLLOWING DESCRIED PARCEL. TRACT B: Portions or Tract A and Traci B, DCNN ACRES, accord:no to the Wet the eof os re ,he it Boy 76, Page 30 of the Piratic Records el Niomi-Dost County. Oorid*. being more If frl;criafr dnc.bed os blows: CW{NCE Cl the Noronha coiner of saw Traci B ane the Northeast corner of Socks. 34 Twin Sl South, Rcage 42 Cost; THENCE South 072114 East on Sold Eon line of host B and the East line el said Starr dielonee at 541.55 Insparcel to the Northeast cornI a el load <arrayed to the Ory of I, Avenluro for hapset'purposes by Right-01-Way Deed recorded ;n Official Records Book I7913. Poge 3159 el the Public Records of Miami-bode Carty. Florida. THENCE on the North lin, Of sold Parcel conveyed to the City of Aventine the IoIlowind throe cowas and distances: I South 502914' West. o distance el 32.10 bet (31 int by deed) 10 the becinsinq of r: lengnt cur. concave le the hart eest 2 Southwesterly on the arc of sold curve roving a radius of 330.00 leer. through 0 cnlroi -non el 3-3707" (329436' by deed). an arc distance el 216.19 feet (216.43 feet by seta) to pent OI longency, rf 3,South 6691122- West. a distance of 102.69 fen to the POINT Cr BEGINMNG. THENCE continue South 9891'22' West. a distance of 2029 feel; THENCE Note 0132'05" Wn1 is distance of 29.SI feet; (HENCE North 3241.02 Peel, 0 dytonce of 306.19 Met THENCE South 560963' West, o distance of 382 40 len; THENCE North 019205' West. o distance 01 1263 len: THENCE Nath 6899'53" Lost. o distonce 01 581.82 feel: THENCE South 0192'05" East. a distance or 52358 feet to Ire PON1 OF BEOINNiNr,; Said lande lying n the CityI *refitted Miami-Dade County, Folin end containing a :no cvc 597.429 Square feel 03 7151 ocm) more or Ins Subject Site • �•- BROWARDCOUNTY / , •DADE COUNTY I �4V YACH LU7V17•R11T, mm Gulfstream ygCH' LUB OR. Pa k • MARINA Aramnu ^ HARBOROR\�JCOVE • LLLIII �1 Ho.Vriral �� _� _/ / WAY CIRCLE • • ACeemral ery /Q . MA INEP`NAY • © .s. ‘)i — • :• — 0V Waterways ' ��W f'WATERWAYS B6YD_J Shoppea 207 ST , w 't. a ¢ COUNTRY CLUB DR. • im The N208 ST ' • Promenade m V • • Shops G • IVES DAIRY RD. :s 203 ST 66II OJT c"4, • C 1�i1 V/\\r4 • ' O 201 TER. N • m 0 T rnberry ole m Resort&Club • 2 • AVENTURA 0LN0, _ •• O Co440 • O Preg Restos Avrruura 2 e > • a Station Library i 4�. p" 3e • J > • • Aventura Mall �'' z mW • • : O YACHT cc : --N,City of Aventura O LUB tiJ : is Government Center LEHMA W' r' • /, 192 ST. �. WILLIAM Q, 1 192ST _ O mll i :: 191 ST. 1 Q�' • W 01 190 p MYSTIC • X Lashion Fashion Lu▪ -I : O :1 -1 :• Island as _- • CO N 89 • ST • 2 • MIAMI to ,R]4T ' • 33180 : 6 GARDENS DR. it 8 1` T 33 60 s 183 ST.� Bamloundling • :0 F ay • • Octan, '• Ailamic Little z y Wlllianu • • :• Bit' Madm b Sound '.. :• arbou00 r 1Sf ° m W Lake : • :1 • 'pp 8 • • .� POINT"p i P b : • O • t ` ; LEGEND N Q Maur ' lake ;, , fA tr ::_ Roadways City Boundary r r _ _ y,�.• .—•— 21P Code Boundary •� Railroad • e ♦ r f • I I Exhibit 3 02-CU-06 REV LEGAL DESCRIPTION OF REVISED MO PARCEL 02-CU-06 (REV) GULFSTREAM PARK RACING ASSOCIATION INC. A parcel of land being a portion of Tract A, Donn Acres, also being a portion of the north one half of Section 34, Township 51 South, Range 42 East, according to the plat thereof recorded in Plat Book 76, Page 30 of the Public Records of Miami-Dade County, Florida, said parcel being more particularly described as follows: Begin at the northeast corner of the north one half of said Section 34, said point also being the northeast corner of Tract B of said Donn Acres. Thence S88°01'22'W along the north line of said north one half 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 said Public Records; Thence S01°58'38"E along said parallel line a distance of 629.41 feet to a point on the north right of way line of NE 213 Street, as described in Official Records Book 17973, Page 3869 of said Public Records; Thence N88°01'22"E along said right of way line a distance of 402.38 feet; Thence N01°52'05'W a distance of 442.98 feet; Thence N88°01'22"E a distance of 196.67 feet to the west line of that certain parcel of land (City Park) described in Official Records Book 25122, page 4596 of said Public Records; Thence N01°52'05'W along the west line of said parcel, a distance of 82.05 feet to the northwest corner of said parcel; Thence N88°09'54"E along the north line of said parcel a distance of 581.87 feet to the northeast corner of said parcel; Thence S01°52'06"E along the east line of said parcel a distance of 523.58 feet to a point on said north right of way line; Thence N88°01'28"E along said north right of way line a distance of 107.88 feet to a point of curvature of a tangent concave to the northwest; Exhibit 4 02-CU-06 REV Resolution No. 2017- Page 2 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; Thence N 50°29'14"E a distance of 32.10 feet to a point on the east line of said north one half and the east line of said Tract B (the previous two courses being coincident with the said north right of way line); Thence NO2°21'14'W along said east line a distance of 541.55 feet to the point of beginning. Said lands situate within the City of Aventura, Miami-Dade County, Florida, containing 12.72 acres (554,227 square feet) more or less. C <1' t ,t•. . *lint )• , or ts Iwo k a , yTrr,!-6• .yr ."R r •y 1 Mt t 1 4 I Low ; T•4:1f.i,{ 4 * ' > . ' x • i tt ii k.0,-.,..4 :, ' �.�. , + ,... ti c. .— • ' 1.`"mak i .,r,''—''. . i�4 L� ! .••. * - � :•.t.:, r.. .r�'iii-• TKAG(0*•a:,K a1Ln l� ... .r •,,' 0 982 Acres A \ NI it4k .1* IL ;vv.* , ...- ~ < MO TRACT \\ __\-1 1'>•'ti t.. _ : t: I \LESS PARK SITE \\ ` _ 9 20NNING 22'SITE 42 733 Ants 1 y- 09 SSO Ants) IRACT A:PARK AREA t� �'r •Il 8 022 Anes \ ` 1 1.E 1. ; t,; > x �4= ' IP< I l'',1::: ,"k,s . \_ , • .ail 4,1111......,-. . . ..J.-.--- ,\.:. ,.., ,,i.,. ., 5,__L_-_,--.,;&—f-' /. .,44.04;,,,. gos;-4.01, I • ..1 '.'-if ,.t.7 • it:„.„-::_, -4 sit . i t , . , . . 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XI%Ai I. •_.5. - . ' '— ,- .. "... 1 i • , , ,--.._--,.. - • 1 OP lauNstrearn 2 A.-.2 ..,-- illi.NA ,.... s: . • . Ar•• ."0°.-i.z.' --, - e• 0 MO Par el 7. 4 . 4 Te 40 Nn ec - --- . 1..., .... 1 . •- A - 4'• „ '' ---- , -, --460,11!,,-,IIIIA.,"2:r., — ta. ,i. F - i-1.-. ''' fi . • '.,...4-. ,g, t!. 0 , gA I ogir -/ t- . f lit ...„... .. ,. . . tt (f. . , ,-. ,t_ 4. TP.. ui I .- f ptr t. . .-- ' ,N. a 4 ( ! ' , • ' 7, .. 4,..i...1,1 . . ...-„,-- -t,st..-!..0., • _ „. It __I.= . .,.IP:ft i 2 .73---747161,11r . . ._-.)... - . -- ..-., 4f• a. . ' - .., . . -aa..4. •1111m...•.....ammOV,. 1 '' ' .71 ; . , :mid , . • / .. .. • i : • , 1 •-..i.--_:.:-:. _i ••-: . . f . .. • 1 ree1 •le • 'or Ato;Gulfstream 1P l 11 .5‘, - .• r, . x . - . ... ...- ..,:-......1 I i , I -air........W 41. ..f.• J 1 , • I-- . _ 2 Acre Parcel to'Cityk, •• A . _ . 'I .. 1 . .:"•7S. c • .,..•..... ,A' -._. ' ':.-• -4 \ :'-'" _ - t i' q 1 I ''' • '"ilk ..- . . -- *-. - ,.....c1 :, ...,__ .a__...._..;, ..., .. - • . -,.... ;..ii•-14:"V. "7- - -:11iir _ • . 7. j ' ' .."444.44 *---- "".","- - -- - -- :. ';'‘-' ---titili.... _ ._.,.___ -.140....111~011.4q ---- - .3 . •q. • -'.. l I --T'? t347 7'241 :1 .j., .4 4 i _ __.__ ____ . . '1.k I - 4'1 .--------.'- *- - Arf - -4.---- --"-- ./ i ''..eq:-.$ r 4 r41. k • e-4 "A...-- - 9•4..-4- . , 1 ' . , ' i a. ; --4 •• . • • f•.1' - Z..lr'r A. • . y/,‘4S...i..l.•14','.'.—.,.......-...•,•4'',A•."-.,-.,.._-.'„:., -,.,:.-..-b_a:1I 1.1 1.,4-i,,t-t1r-1%_.%_,tf.t'l,4-,i1l.ltr•1.q-4, .•:. .• :%.4410-..._-i.. ei,•I A”; :1.ii,t,,Ie;?/...4/.'',,.-,_.._...'.1.4• 1.?.1?1,1..,.,s..1.- -es,.,•.-"..,i „.. ...._d.,./- . ... 4, r 7(43 / -1 . ,. =1 %tt • t , , * . 1 ' J '7,4}.' -.-.•4t.4-it1- !.' I1- It• - 1*- • - . ,. .. -.•.- r ......, . . . . . , ,, • y . . . ) : • 4,-i • 3' 4 . ,:,6--- . ., ••; .. • - -tit IL ' .... i, ..4."r:li --.-,..___ .. -.. 3 . • .-AIIIN.'4.„, 41-. 4' '. 5' '" -.''' ' _,...." -"--' 0 ' -"'" • - ''""! c- l''. - '.- ,-, -:- .. .,, I . '. ".- - ._4144. ,21-11r1--ctrac.C---- 1 4'. -... ...'...)4,, *i • '..' .;,..4.4'..1/4-_,.. - / 7 •t.'- '• . :--'2 - . . .... , _ ' :411Vvi7 ".... -:: •z '.''''*. '.; , / '," .1':, .'.....;i4 '• / , ',.: ' . . .0i r I 2., r' . • ,;-.: :' --'.- • ,.' e,' !%,..1 la- z... - .c.. -i-. 3' ,"'s•-...,_!.'`- V.1,114_ 4-5, ' 0 -.' ' ... / .1/44,i4.--t, . i 700't .• '•,.-..'L-•.;.:.-nt - -s,••"NIL • ••.,_'•-,_ ' ... Exhibit 6 02-CU-06 REV V 4 erk. APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-71(b)(2)(0 of the City of Aventura Lana Development Code,this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit which is identified in the accompanying applicalicw,and the owner of the property subject to the application Of different)hereby lists and identifies all persons represenlilg the individual i r entity applying for the Development Permit in connection with the application,as follows. Name Relationship fie.Attorneys Architects.landscape Amhilects,Engineers, Lobbyists.Etc) EdWLa S, 5-I-0-Ckev k-kl"oYl'al l 2at„rd Q-. CP244.3ebY�a Tv, (Attach Addilional Sheets If Necessary) NOTICE ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVI I SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31-11(8)(2)(11/1 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 IA/FORMAA IION PROVIDED IN THE AFFIDAVIT BECOMES�/�� INCORRECT OR INCOMPLETE -�r it [1st,/ IH' IC e7Av ii- Mtk i47 J r/FGRl R M IP IA II APP :AN/ OWNER By !Srgrranle' /� Nam e: Nan P.4 Print Title Cr '-X'Y�- P �35oc.;araC ,to fres, Address 4Ct so I kudta.,.ldait gear. d )FL 33o c, IJRIDA +PF MIAM.GADS FiIlse rft t t mo 'Ely'ed authority pars nix apoeaec thea Jhr zec reose ndl ve 'n, and or se he otopely )bled I e a I l'a'ms. whr being first by ire a., Wfl a ear Y sec- ,L re)sr Lc is I firs Atli Lauf sr the Du'.os( orated therein t nal t E.,rye Leg',Eire,A AN'. �, e -.LRF Fth�.aona,o MR 1011 a,?''. r ASHLEY ANDUJAR Notav L. tale��a A ey Commissione EE 90358a wo la eo' omry �SHl TND trf.f I � ��{ MV Commission Expires , rismnr e,x4 071'1-)01 ZOl9 moos July 26, 2019 Q BUSINESS RELATIONSHIP AFFIDAVIT" z ter. this Affidavit is made pursuant to Section 31-]1(b)(2)(ir) of the City of Aventura Land Development Codo The undersigned Affiant hereby discloses That !mark wifi,"g'applicable portions only) yT1 P,Ram does not have Business Rel t m h:a with dry nnnter of the City!' r r vsim or any IT:ty AaviHnt Baar.l l warh the aopiicallon will be presented ):t Affiant hereby discloses that it does have a Business Relatla hi, will a inert the City otrill5r3 o ity Advisory Board to which the application will he presentedas follows: (list came of Commissioner or Advisory Board Member' who Servos .a thy ffi Cdv Camnresion or City Advisory Board pon wh bli menbe solves) ne oaturn of Pie Business Balabonshrp is as fdlnws. Member of City Commission or Board holds an ownership it teres . :Rho s pills int Applicant or Representative; Member ot City Commission Of Board s a partner, co shareholder < shares ata vpoialtui.. which... 01 listed or any national or rectorial slunk exchange) r.on4 venture- with the Apolicarl or Roo. sv native'n am bhmness venture i. The Applucarl or Represen'Aive s a Cheri of a member of the Civ Commission or Board G. :Ilam o` i.. orofessr a.I orkino `ror ne save o Heat a I,.sane omolo a the en be II " :nm ..Im misoh Hga:d ▪ ddrh NS ar Boanernber is a'..I rrt Vffillir:vhf Rerffide da.wr. ▪ 'li' A )I A 1 hlneserlP vu d lint rc i nR o` r TT:Ysr -- �✓ : •mpoyr and 1.ansacs nue than$.c.O )Of rhe , s,'ess o'the ffieffillerolrhr" y u he . dram L r ffid ffiTIOICryerlI ;I rrciiinnm,dar yeas. nr r m e n the Cnty n s-m n Board .isloIle: .0 t Affinity r.r 01 Re r se 11 y r-. ia;15 I.ino than£25:10n IM0't t rsnt the Appin 1 or enrese v 4 u n soler 14/b�nldlov how *0 WITNESS MY HAND THIS I AY OF fV1 j 241 REPRE/ IV ' sled cm Business Relationship Atidavit' By O�`,..""1a SiOnalur by Name. ,�ytltA S Sha �i'ope Name (Pi ' Title �aarr1L' s- Toanli Title ;Pool) cupzlbre, By 6Sryreoxe Nam-. a Name. nvlll !Ile rr5N111 Tele: afar, byvonalurei BY: 4 nt,111 Na... ` Name re SJP>CI qQQ 'Pros ape m. By By ltipnelu, He ':fr Tine ..tone Lie fr'rnJ H4 ]f!aer'r' By u. Tine rv„ 'Jia }4:?r;' Itie "Th4unar a. Hy ' Ile Prx•f rile rf, NO I If the duplicate sheets if Ifisc Insure information for Representative varies f so Hs if - AM.mi. Ir, I i.. .m I iicn ofel9u noose I 0 f,. fir n . r • fi , r f if. r t..r a r 11,,_...offh. litfrii,,ili i pi,A.1ef In the AInd i• )%. in. u. rut `. J NOTARIZATION PROVISION STATE OF FLORIDA ) !]UN"OF MIAMI-IIADE) T Q���y� lel a NBundersigned auln0MY le Ily'ppered IIJJ•J'uI2 ARenl who barn fiR Iys : 1 fa:or aMq Ma Semite Daeaulef Ms affidavit to the prmosesstate00ere ane M1ltsrue anemrreet Irl( IANC MORN Tro Arm-su I ,,helolem ma 16 earn' Itell 4BA-. DI—'] t Notary Pubic Stale of Florida Nota � fdeAtL�arap s. DBoblsbbf prgrtel. . S'rG D$- M Cos 01/0 i/2 21 069E56 PMco Rama of Norms `.� �'ww Expos01/04/2021My mmmissm amain= ^.IE • RID 11M"•]F MIAMI ImilaI; p Mt I : ^ ch n fi. pp. t l 0 r .t I Irma r m..• a: r l 1•.n., me War Nen. •Ih.Jnr waled Mew-ard Mal P Ire .'. area /A a l IA. 11u1 r .pro:' P ;Mr eT I i 10 J.,-e Mfly 1007 �k �'T .,,, ASHLEY ANDIIJAR W L "N ea p1 °5 CommssonF FF 909584 O\ iciie My Commission Expires Nan No.,/ July 26. 2019 re,. 01 2. le Ile I �... a Ar f a I, e-. f n.•v,L. . . .1Wh . Nay _ iot p+" `�;, LEIGH ANNE OIgA � I "" �ny % olil� t to-oe 5'. =go MY COMIDI$Spry a27. • a` KI\, 1.c7•.I (CL EXPIRES February P.2019 lo,.r izwo-nr Fps. . . v a. RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA MODIFYING RESOLUTION NO. 2006-62 BY EXTENDING THE TIME TO OBTAIN A BUILDING PERMIT FOR 7 YEARS; BY REVISING THE LEGAL DESCRIPTION OF LAND SUBJECT TO THE CONDITIONAL USE APPROVAL TO DELETE A 2 ACRE PARCEL CONVEYED TO THE CITY AND TO INCLUDE A 2 ACRE PARCEL REZONED BY SEPARATE ORDINANCE; BY DELETING REFERENCE TO SPECIFIC SITE DEVELOPMENT PLANS; AND BY RECONFIRMING THE APPROVAL OF A PARCEL SIZE OF 13.715 ACRES, RECONFIRMING THE APPROVAL OF RESIDENTIAL USES WITH A MAXIMUM DENSITY OF 35 DWELLING UNITS PER ACRE, OR A MAXIMUM OF 480 UNITS, AND RECONFIRMING APPROVAL OF INCREASED HEIGHT WITH A MAXIMUM OF 25 STORIES OR 259 FEET; ALL FOR A PARCEL OF LAND ON THE NORTH SIDE OF NE 213 STREET BETWEEN BISCAYNE BOULEVARD AND NE 34 AVENUE, CITY OF AVENTURA, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" TO THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Applicant, Gulfstream Park Racing Association, Inc., through Application No. 02-CU-06 (REV), has requested modification of the conditional use approval granted by the City Commission through Resolution No. 2006-62; which modifications are to extend the time to obtain a building permit for 7 years; to revise the legal description of the parcel; to delete the reference to specific site development plans listed in the Resolution; and to reconfirm the conditional use approval and parcel size, maximum density and height of residential uses in the MO, Medical Office District, all on land located on the north side of NE 213 Street, City of Aventura, more particularly described in Exhibit "A" to this resolution; and WHEREAS, the property described herein is zoned MO, Medical Office District; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission has reviewed the application for modification of the conditional use approval granted through Resolution No. 2006-62 and finds that it is in the best interests of the City to approve such modification. City of Aventura Resolution No. 2017- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 02-CU-06(REV) for modification of the conditional use approval granted through Resolution No. 2006-62 for land described in Exhibit "A" is hereby granted, with the condition that Administrative Site Plan Approval is required prior to issuance of a building permit for development of the parcel. Application and approval of a site plan shall be made by the property owner in accordance with Section 31-79 of the City, as it may be amended from time to time. Section 2. Condition 1. of Section 1. of Resolution No. 2006-62 and the plans identified therein are hereby deleted and Section 1. is modified to read as follows: "Section 1. Application No. 02-CU-06 for conditional use approval to permit multifamily residential use with a maximum density of 35 dwelling units per acre on a 13.715 acre parcel of land and to permit a use measuring 25 stories and 259 feet high in the MO, Medical Office District, for land described in Exhibit "A" is hereby granted." Section 3. Exhibit "A", the legal description of land, attached to Resolution No. 2006-62 is hereby deleted and a new Exhibit "A", as attached to this Resolution, is substituted therefor. The parcel size of 13.715 acres for calculation of maximum residential dwelling units per acre, as approved by Resolution No. 2006-62, remains the same. Section 4. The maximum residential density of 35 dwelling units per acre, or a maximum of 480 residential units, and the maximum height of 25 stories or 259 feet, as approved by Resolution No. 2006-62, shall remain in full effect for the parcel described in Exhibit "A" to this Resolution. Section 5. The time limit in which to obtain a building permit for development of the parcel described in Exhibit "A" to this Resolution is hereby extended from its current expiry date of May 9, 2018 to May 9, 2025. Failure to obtain a building permit within this time limit shall render the approvals granted in this Resolution null and void. Section 6. All other conditions of approval provided in Resolution No. 2006-62 shall remain in full force and effect except as and to the extent modified herein. Page 2 of 6 City of Aventura Resolution No. 2017- Section 7. 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 8. 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 Commissioner Howard Weinberg Mayor Enid Weisman PASSED AND ADOPTED this 7th day of November, 2017. Page 3 of 6 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 6 City of Aventura Resolution No. 2017- EXHIBIT "A" LEGAL DESCRIPTION OF REVISED MO PARCEL A parcel of land being a portion of Tract A, Donn Acres, also being a portion of the north one half of Section 34, Township 51 South, Range 42 East, according to the plat thereof recorded in Plat Book 76, Page 30 of the Public Records of Miami-Dade County, Florida, said parcel being more particularly described as follows: Begin at the northeast corner of the north one half of said Section 34, said point also being the northeast corner of Tract B of said Donn Acres. Thence S88°01'22"W along the north line of said north one half 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 said Public Records; Thence S01°58'38"E along said parallel line a distance of 629.41 feet to a point on the north right of way line of NE 213 Street, as described in Official Records Book 17973, Page 3869 of said Public Records; Thence N88°01'22"E along said right of way line a distance of 402.38 feet; Thence N01°52'05"W a distance of 442.98 feet; Thence N88°01'22"E a distance of 196.67 feet to the west line of that certain parcel of land (City Park) described in Official Records Book 25122, page 4596 of said Public Records; Thence N01°52'05"W along the west line of said parcel, a distance of 82.05 feet to the northwest corner of said parcel; Thence N88°09'54"E along the north line of said parcel a distance of 581.87 feet to the northeast corner of said parcel; Thence S01°52'06"E along the east line of said parcel a distance of 523.58 feet to a point on said north right of way line; Thence N88°01'28"E along said north right of way line a distance of 107.88 feet to a point of curvature of a tangent 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; Thence N 50°29'14"E a distance of 32.10 feet to a point on the east line of said north one half and the east line of said Tract B (the previous two courses being coincident with the said north right of way line); Page5 of 6 City of Aventura Resolution No.2017- Thence NO2°21'14"W along said east line a distance of 541.55 feet to the point of beginning. Said lands situate within the City of Aventura, Miami-Dade County, Florida, containing 12.72 acres (554,227 square feet) more or less. Page 6 of 6 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT M MORANDUM TO: City Commission FROM: Eric M. Soroka, Ir •-C City Manager BY: Joanne Carr, AICP Community Developme"Irtiirector DATE: November 3, 2017 SUBJECT: Request for Modification of 2008 Declaration of Restrictions in Lieu of Unity of Title and for Modification or Release of 2006 Declaration of Covenant relating to development of land owned by Gulfstream Park Racing Association Inc. on the north side of NE 213 Street between Biscayne Boulevard and NE 34 Avenue, City of Aventura (01-MRC-17) November 7, 2017 City Commission Meeting Agenda Item qr"- RECOMMENDATION It is recommended that the City Commission: 1. Approve the modification of the Declaration of Restrictive Covenants in Lieu of Unity of Title made by Gulfstream Park Racing Association Inc., recorded in Official Records Book 26405, page 4506 on May 30, 2008 and authorize the City Manager to execute the modification on behalf of the City; and 2. Approve the release of the Declaration of Covenant regarding vehicular access restrictions on NE 213 Street, made by Gulfstream Park Racing Association Inc. for the benefit of the City of Aventura, recorded in Official Records Book 25136, Page 3908 on November 29, 2006 and authorize the City Manager to execute the release on behalf of the City. THE REQUEST The applicant, Gulfstream Park Racing Association Inc., has requested a modification of a Declaration of Restrictive Covenants in Lieu of Unity of Title recorded in 2008 relating to development of the applicant's residential and commercial parcels and development of the City park. The applicant has further requested modification or release of a Declaration of Covenant recorded in 2006 relating to the vehicular access restrictions on NE 213 Street. (See Exhibit #1 for Letter of Intent, Exhibit #2 for 2008 Declaration of Restrictive Covenants in Lieu of Unity of Title and Exhibit #3 for 2006 Declaration of Covenant). 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 #4 for Location Plan HISTORY OF THE COVENANTS I. DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE As part of the 2006 conditional use approval and 2007 administrative site plan approval for residential development of the applicant's parcel zoned MO, Medical Office District, the applicant and the City entered in a Declaration of Restrictive Covenants in Lieu of Unity of Title. This covenant was provided in lieu of platting the separate parcels, as permitted by Section 31-78(k) of the City Code. This covenant provided that the applicant's residential parcel would be developed in accordance with the plans approved through Resolution No. 2006-62 (the conditional use approval), that the applicant's commercial parcel would be developed in accordance with the Development Agreement approved through Ordinance No.2006-16 and that the City park parcel would be developed in accordance with the approved site plan for that parcel. This Declaration of Restrictive Covenants in Lieu of Unity of Title was recorded on May 30, 2008 in Official Records Book 26405, Page 4506 of the Public Records of Miami- Dade County. This covenant also provided that the residential parcel, commercial parcel and park parcel would be developed independent of each other and may be developed in phases or stages. Section 9. of the covenant provides for access to each parcel and references the same vehicular access prohibition on NE 213 Street as the Declaration of Covenant described in Section II. of this staff report. The applicant has requested that the Declaration of Restrictive Covenants in Lieu of Unity of Title be modified to match the modifications made to the Development Agreement; namely, deletion of the reference to the approved site plan for the residential parcel, modification of the vehicular access restriction to add weekday racing events as well as weekend and holiday racing events and revision of legal descriptions based on the new parcel boundaries after the conveyance to the City and rezoning of part of the commercial 2 parcel. The form of Modification of Declaration of Restrictive Covenants in Lieu of Unity of Title is attached as Exhibit#5 to this staff report. II. DECLARATION OF COVENANT As part of the purchase and sale transaction between the applicant and the City for the seven acre Waterways Park in 2006, the applicant signed and the City accepted a Declaration of Covenant that provided, in Section 2. of that covenant, for the following vehicular access prohibition on the NE 213 Street entry and exit to the applicant's land in the City of Hallandale Beach: "2. Vehicular Access Prohibition. Declarant hereby declares that vehicular access (other than as may be required by government for emergency vehicles) from N.E. 21e Street over, across and upon the Gulfstream Aventura Property to and from the Hallandale Beach DRI Lands and the Gulfstream Park Parcel shall be permanently prohibited on and after the date the first temporary certificate of occupancy is issued for a residential building constructed on the Gulfstream Aventura Property, provided, however, that until such access is permanently prohibited as set forth above, vehicular access to the Gulfstream Park Parcel from N.E. 21e Street shall be permitted on an interim basis subject to the following restrictions: (i) access by the public shall be restricted to weekends and holidays on which horse racing events am scheduled at Gulfstream Path, (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 Parcel is completed, and (iii) at no time shall vehicular access from N.E. 213th Street to Hallandale Beach DRI Land be permitted for any purpose (other than as may be required by the government for emergency access)." This Declaration of Covenant was recorded on November 29, 2006 in Official Records Book 25136, Page 3908 of the Public Records of Miami-Dade County. This same vehicular access restriction was also included as Section 14. of the Development Agreement between the applicant and the City recorded on November 11, 2006. As part of the current purchase and sale transaction between the applicant and the City, the vehicular access restriction in the Development Agreement has been modified to allow access by the public on weekday racing events, as well as the original access permitted on weekends and holiday racing events. Since the vehicular access restriction is included in the modified Development Agreement and has been fully restated rather than referenced in the modified Declaration of Restrictive Covenants in Lieu of Unity of Title, a separate Declaration of Covenant for the access restriction is not required and staff recommends that it be released. The form of release of covenant is attached as Exhibit#6 to this staff report. 3 J MASTRIANA & CHRISTIANSEN, PA ATTORNEYS AT LAW 1500 North Federal Highway, Suite 200, Fort Lauderdale, Florida 33304 Visit our web site: www.m-c-law.com Edwin J. Stacker,Esq. ":71')"17 C`i", �.p;.,.,� Broward (954) 566-1234 Email:ejs a(J�n-c-law CITY OF AVENTURA Dade (305) 949-1234 Direct Line 954-618-6911 Main Facsimile: (954) 566-1592 MAY 1 1 2017 May 10, 2017 Exhibit 1 01-MRC-17 VIA HAND DELIVERY Ms. Joanne Carr, 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 to Amend Declaration of Restrictive Covenants in Lieu of Unity of Title("Declaration") recorded in OR Book 26405, Page 4506, Public Records of Miami-Dade County, Florida. and to Amend or Release Declaration of Covenant recorded in OR Book 25136, Page 3908 ("Covenant") Dear Ms. Carr: This Letter of Intent is submitted on behalf of the Applicant, the owner of that certain 32.2 acre parcel ("Property") which is the subject of both the Declaration and the Covenant referenced above. As thee City is aware, the Applicant's overall 32.2 acre parcel is bounded on the west by Biscayne Blvd., on the north by the County line, on the south by N.E. 213th 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. In light of the recent Purchase and Sale Agreement entered into between the City and the Applicant for the City's acquisition of a two (2) acre ("Aventura Parcel"), should the Closing on the Aventura Parcel occur, it is necessary to amend the existing Declaration. The amendment Nor Joanne Cart May 10,2017 Page 2 should modify the "adjusted" size and configurations of the B2 and MO Conditional Use parcels, update the status of development of the parcels, delete any reference to development in accordance with the existing approved site plan, and further clarify other provisions as necessary to be consistent with the implementation of the provisions of the Purchase and Sale Agreement. a Additionally,the Covenant needs to be released or modified to update the terms of the understanding between the City and the Applicant, including, clarification of the utilization of the entrance off N.E. 213' St. during all racedays. In summary,the Applicant trusts the City will concur that it is in both parties' best interests to amend the Declaration and release or amend the Covenant in order to be consistent with the implementation of the terms of the agreement between the parties as it relates to the Property.. Sincerely, EDWIN J. 'TACKER, ESQ. 1 III 111111 a 111111 11111 11111 11111 111/11111 1111 CEN 2008R0445723 OR Bk 26405 Ras 4506 - 4531; (26a9s; RECORDED 05/30/2002 15:02:13 HARVEY RUVIN. CLERK OF COURT This Instrument was prepared by: NIANI-DADS COUNTY. FLORIDA Tracy R.Slavem,Esq. Holland&Knight LLP 701 Brickell Avenue,Suite 3000 Miami,Florida 33131 (Reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE KNOW ALL BY THESE PRESENTS that the undersigned Owner hereby makes, declares and imposes on the land herein described, these easements and covenants running with the title to the land, which shall be binding on the Owner, the City of Aventura, in its capacity as the Owner of Tract B (as defined below), and all heirs, successors and assigns, personal representatives,mortgagees, lessees,and against all persons claiming by,through or under them; RECITALS WHEREAS, Gulfstream Park Racing Association, Inc., a Florida corporation ("Owner"), holds the fee simple title to the Tract A of the land in the City of Aventura, Miami-Dade County, Florida,more specifically described in Exhibit "A",attached hereto, and WHEREAS,the City of Aventura(the "City") holds the fee simple title to Tract B of the land in the City of Aventura, Miami-Dade County, Florida, more specifically described in Exhibit"B",attached hereto,and WHEREAS, collectively,Tracts A and B are hereinafter called the 'Property,"and WHEREAS, Owner is desirous of developing Tract A for residential and commercial purposes and wants to assure the City that the development will be built in accordance with proffered plans consistent with the City Code, and WHEREAS, the City is desirous of developing Tract B for public park purposes and assures that the development will be built in accordance with proffered plans consistent with the City Code,and WHEREAS, Owner intends to convey portions of Tract A to multiple owners and/or to develop the buildings on the Property in two or more phases or stages, or may wish to offer the units as condominiums and is executing this instrument to assure the City that the development will not violate the City Zoning Code when it is so developed, '? coulpy 6 c. . OQ v , N Exhibit 2 01-MRC-17 0 w. Pr NOW THEREFORE, in consideration of the foregoing recitals and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Owner and the City hereby agree and covenant, for themselves, their heirs, successors and assigns as follows: 1. Recitals. The above recitals are true and correct and are adopted by Owner and City, and are incorporated as part of this Agreement. 2. Dentitions. a. "Commercial Parcel" the real property, consisting of the B2 District property located within and which is a portion of Tract A, owned by Owner and more specifically described on Exhibit"C,"attached hereto and made a part hereof. b. "Pari-Mutuel Facilities" those existing improvements and uses licensed and governed by Chapter 550, Florida Statutes, as may be amended, and consisting of but not limited to the racetrack chute and adjacent lands located on Tract A. c. "Park Parcel" the real property, consisting of Tract B, owned by the City and more specifically described in Exhibit "B," attached hereto and made a part hereof. d. "Residential Parcel" the real property, consisting of the MO District property located within and which is a portion of Tract A,owned by Owner and more specifically described on Exhibit"D,"attached hereto and made a part hereof. e. "Site Plan" is comprised of a scaled and dimensioned site plan (with landscaping), elevation and typical floor plan submitted for administrative approval and reviewed for consistency with the existing Zoning or an existing development agreement approved by the City, as they may be amended from time to time. 3. Covenant Buntline With The Land. This Declaration of Restrictive Covenants in Lieu of Unity of Title ("Declaration") on the part of the Owner shall constitute a covenant running with the land and will be recorded, at Owner's expense, in the public records of Miami-Dade County, Florida, and shall remain in MI force and effect and be binding upon the heirs,successors and assigns of the respective parties hereto,until such time as the same is released in writing as hereinafter provided. 4. Site Plan. The Property will be developed in substantial accordance with the following: a. Residential Parcel. The Residential Parcel shall be developed in accordance with the site plan entitled "Gulfstream Parkview", prepared by Fullerton Diaz Architects. Inc., Within Design Group, and Joseph Roles and Assoc., Inc., approved by the City on May 15, 2007, under Application No. 05-SP-06 2 ("Residential Site Plan"), as said Residential Site Plan may be modified in accordance with the applicable Codes and Ordinances. b. Commercial Parcel. The Commercial Parcel shall be developed in accordance with the terms and conditions of the Development Agreement between Owner and the City recorded on November 22, 2006, in Official Records Book 25122, Pages 4603 through 4666, of the Public Records of Miami-Dade County, Florida ("Development Agreement"), as may be amended from time to time. c. Park Parcel. The Park Parcel shall be developed in accordance with the site plan entitled "Waterways Park Expansion," as prepared by Craven,Thompson and Associates, Inc., approved by the City on the 14th day of March, 2007, under Case File No. 01-SP-07 ("Park Site Plan"). Nothing herein shall relieve the City from developing the Park Parcel subject to the limitations provided in the Special Warranty Deed recorded on November 22, 2006, in Official Records Book 25122, Pages 4596 through 4602, of the Public Records of Miami-Dade County,Florida. 5. Phases. It is understood that the Residential Parcel, Commercial Parcel and Park Parcel (collectively the "Parcels") will be developed independent of each other and that each Parcel may be developed in phases or stages. Each of these Parcels shall be developed in accordance with their respective site plan as to the Residential Parcel and Park Parcel, or Development Agreement as to the Commercial Parcel, as modified in accordance with the City Code and nothing contained herein is intended, or shall be construed, to require the consent of any other owners or the City as a condition to an owner's right to modify its respective site plan or the Development Agreement, provided that the requested modification will not adversely affect the development and use of any other parcel. This instrument shall not be construed to effectuate a change to the respective site plans or Development Agreement or the City's regulatory or proprietary roles in approving changes to the same. Each phase or stage of development within each Parcel, when standing independently or in conjunction with existing, developed, contiguous phases or stages, shall meet appropriate zoning requirements. The recordation of separate mortgages on each Parcel, phase or each individual unit subsequent to the recordation of this instrument shall not be deemed as a breach of the declarations contained herein,nor shall sales of individual units or portions of the development. 6. Multiple Ownership. In the event multiple ownerships are created subsequent to site plan approval, each of the subsequent owners, mortgagees, heirs, assigns and other parties in interest shall be bound by the terms, provisions and conditions of this Declaration. 7. Easements. Where necessary, and to the extent necessary in order to ensure conformity with the approved site plans and Development Agreement,as appropriate, Owner shall reserve easements within each individual Parcel and grant reciprocal cross-easements to the owners of each phase or stage of development within each 3 Parcel or in and over the Tract A for utilities, water and sewer lines, common parking areas, driveways, entrance and exits, etc., so that the integrity of the development shall be maintained. It is expressly understood that easements and obligations between Parcels may be granted only by separate instrument. Nothing contained herein shall obligate or require the City to grant easements over the Park Parcel nor obligate or require Owner to grant easements over the Residential Parcel and Commercial Parcel for the benefit of the Park Parcel. It is agreed and understood that the following two (2) instruments are being prepared and recorded separately and shall have their own force and effect: 1) a temporary construction license to allow access to the Park Parcel during the construction of the park on said parcel; and 2) a reciprocal grant of easement for water main extension, which will run along the west property line of the Park Parcel with two (2') feet of said easement running on the Owner's side of the property line on the Residential Parcel and ten (10') feet of said easement running along the City's side on the property line on the Park Parcel. 8. Maintenance of the Property. Unless provision is made for a special assessment district or similar quasi-governmental maintenance authority acceptable to Owner and the City, the Property shall be maintained as follows: a. Residential Parcel. A property owners' association shall be established or a reciprocal easement agreement prepared and executed for the Residential Parcel, which shall provide for the maintenance of all common areas, roadways and other amenities common to said parcel of land of the Property. This shall not preclude individual condominiums or associations for each phase or stage from maintaining their own buildings or other own common areas so long as said associations and condominiums, or members thereof, are members of the master association and each such condominium or association are required hereby,to be members of the master association. b. Commercial Parcel. A property owners' association shall be established or a reciprocal easement agreement prepared and executed in accordance with applicable regulations to assure that all common areas roadways, cross- easements and other amenities common to said parcel of land shall be maintained in a continuous and satisfactory manner, and without expense to the City. c. Park Parcel. The City shall maintain the Park Parcel in accordance with applicable regulations to assure that all common areas, facilities, and parks for use of all residents and the public shall be maintained in a continuous and satisfactory manner. 9. Access to the Property. Permanent and safe access or pedestrian and vehicular traffic to the Property shall be provided as follows: a. Residential Parcel. Owner shall make provision for permanent and safe access for pedestrian and vehicular traffic within the Residential Parcel, in accordance with the Residential Site Plan, and particularly for right of access 4 for fire, police, health, sanitation, and other public service personnel vehicles. The streets or accessways shall be installed and maintained by the Owner, including, but not limited to, sidewalks, drainage facilities,water, sewers and fire hydrants. b. Commercial Parcel. Owner shall make provision for permanent and safe access for pedestrian and vehicular traffic within the Commercial Parcel, in accordance with approvals to be obtained from all agencies having jurisdiction over the Property, and particularly for tight of access for fire, police, health, sanitation, and other public service personnel vehicles. The streets or accessways shall be installed and maintained by the Owner,including, but not limited to, sidewalks, drainage facilities, water, sewers and fire hydrants. Notwithstanding the foregoing, nothing herein shall relieve Owner from the vehicular access prohibitions and restrictions provided in the Declaration of Covenant executed by Owner in favor of the City, recorded on November 29, 2006, in Official Records Book 25136, Pages 3908 through 3952, of the Public Records of Miami-Dade County, Florida, as may be amended from time to time. c. Park Parcel. The City shall make provision for permanent and safe access for pedestrian and vehicular traffic within the Park Parcel and particularly for right of access for fire, police, health, sanitation, and other public service personnel vehicles. The streets or accessways shall be installed and maintained by the City, including, but not limited to, sidewalks, drainage facilities,water,sewers and fire hydrants. 10. Connectivity. Nothing contained herein shall prohibit the physical connectivity and the continuation of the Pari-Mutuel Facilities located on Tract A, which are licensed and governed by Chapter 550,Florida Statutes,as may be amended. 11. Independent Parcels. Notwithstanding anything contained herein to the contrary, it is the express intent of the parties to this Covenant that the Parcels remain autonomous, separate and distinct from one another, with no obligations imposed between them,except as otherwise set forth herein. 12. Term. The provisions of this Declaration shall become effective upon their recordation in the public records of Miami-Dade County, Florida, and shall continue in effect for a period of thirty(30)years after the date of such recordation, after which time they shall be extended automatically for successive periods of ten (10) years each, unless released in writing by the then Owner of the Property or portion of the Property for which the release is sought, and by the City Manager upon the demonstration that the same is no longer necessary to preserve and protect the Property for the purpose herein intended. 13. Termination. This Declaration shall automatically terminate and shall become null and void upon the recordation of the final plat of the Property. If appropriate, the 5 City Manager shall execute a document effectuating the termination of this Declaration. 14. Modification or Release. The individual Parcels within the Property may be modified or released from this Declaration as follows: a. Residential Parcel. For purposes of modification or release of this Declaration as to the Residential Parcel, the property owners' association(s) or,in the absence of a property owners' association, the Owner(s) of the Residential Parcel and the City together may agree to execute the release on behalf of the then Owner of the Residential Parcel, so long as it has been demonstrated that each of the property owners' association(s) has obtained the requisite vote required under the their respective bylaws to execute such release or modification. Joinders from the Owner of the Commercial Parcel and the Park Parcel or property owners' association(s)established on the adjacent parcels will not be required to effectuate any partial modification or release of this Declaration as to the Residential Parcel. Should this Declaration be so released,amended or modified,the City Manager or his successor, shall forthwith execute a written instrument effectuating and acknowledging such modification,amendment or release. b. Commercial Parcel. For purposes of modification or release of this Declaration as to the Commercial Parcel,the property owners' association(s)or,in the absence of a property owners' association, the Owner(s) of the Commercial Parcel and the City together may agree to execute the release on behalf of the then Owner of the Commercial Parcel, so long as it has been demonstrated that each of the property owners' association(s) has obtained the requisite vote required under the respective bylaws to execute such release or modification. Joinders from the Owner of the Residential Parcel and the Park Parcel or property owners' association(s)established on the adjacent parcels will not be required to effectuate any partial modification or release of this Declaration as to the Commercial Parcel. Should this Declaration be so released, amended or modified, the City Manager or his successor, shall forthwith execute a written instrument effectuating and acknowledging such modification,amendment or release. c. Park Parcel. For purposes of modification or release of this Declaration,the City may execute the release on its behalf for the Park Parcel. Joinders from the Owner of the Residential Parcel and the Commercial Parcel or property owners' association(s) established on the adjacent parcels will not be required to effectuate any modification or release of this Declaration. Should this Declaration be so released, amended or modified, the City Manager or his successor, shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. 15. Enforcement. Enforcement shall be by action against any parties or persons violating or attempting to violate any of these covenants. The prevailing party in any action or suit arising out of or pertaining to this Declaration shall be entitled to recover,in addition to costs and disbursements allowed by law, such sum as the Court 6 may determine to be reasonable for the services of such party's attorney. This enforcement provision is in addition to any other remedy at law,in equity or both. 16. SeverabIllty. Invalidation of any one of these Declarations, by judgment of Court, shall not affect any of the other provisions,which shall remain in full force and effect. 17. Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights,remedies or privileges. 18. Authorization of City to Withhold Permits and Inspections. In the eventof a violation of this Declaration, in addition to any other remedies available, the City is hereby authorized to withhold any permits, and refuse to make any inspections or grant any approval,until such time as this Declaration is complied with. 19. Recording. This Declaration shall be recorded in the public records of Miami-Dade County at the Owner's expense. (SIGNATURE PAGES FOLLOW) 7 IN WITNESS WHEREOF,the parties have executed this Agreement as of the day and year first above written. WITNESSES: GULFSTREAM PARK RACING ASSOCIATION, INC.,a Florida L t - corporation Print Name: rn. a, r'P, Ste 1744.4 Print Name:V.01;0i G. o rc) f:...,-v.P Print . : e: „ , , , l Title: Sec'etat� •?A-res se,"m [CORPORATE SEAL] CIE• �/STATOF 19ifeTt2 ) SS COUNTY OF YORK q The foregoing instrument was acknowledged before me this /74 day of SuIr 2007, by( //;o 6F aQ 7 &'..4asS&nIcrV s.d AM? 1w. a of Gulfstream Park Racing Association,Inc.,who is personally known to me or who has produced as identification,who xecuted same for the purposes described therein. [SEAL] ����� Printed Name: 1 / /I LA ger 1u nJ-r 4eierr My Commission Ex res: N/A Notary Public of Only,» at Large i,rdq 8 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS : THE CITY O• • . TURA,FL• ' DA By: Print Name:.lba..nt Ow* . Eric Soroka,City M ynt ame ii1TeSIMIC STATE OF Florida. )SS COUNTY OF r ) The foregoing instrument was acknowledged before me this day of- O�'U- 2007, by Eric Soroka, as CityManager of the City of Aventura who is nersonallvkdbwn to me or who has produced A} [ as identification, who executed same for the purposes described therein, [SEAL] P Name: / / IA It I aCommissio spires:_ Wars MOMS Notary Public, State of at Large bati1M00s Nessyma.ins 9 EXHIBIT"A" Legal description of Tract A: • LAND DESCRIPTION PARKVIEW AT GULFSTREAM CITY OF AVENTURA, • MIAMI•DADE COUNTY,FLQRIDA TRACT A: Portions of Tract A and Tract B,DONN ACRES,according to the plat thereof as mottled in Plat Book 76, Page 30 of the Public Records of Miami-Dade County, florid', being more particularly described as follow BEGINNING at the Northeast corner of said Tract-B and the Northeast corner of Section 34,Township 51 South,Range 42 East THENCE South 02°21'14" East on the East line of said Tract B and the East line of said Section 34, a distance of 541.55 feet to the Northeast corner of a parcel of land conveyed to the City of Aventura for highway purposes by Right-of-Way Deed recorded in Official Records Book 17973,Page 3869 of the Public Records of Miami-Dade County,Florida; THENCE on the North line of said Parcel conveyed to the City of Aventura the following three(3)courses and distances; 1.Sout h 50°29'14" West, a distance of 32.10 feet (M.83 feet by deed) to the beginning of a tangent curve concave to the Northwest; 2.Southweste rly on the arc of said curve having a radius of.330.00 feet, through a central angle of 37°32'07" (37°34'38" by deed), an arc distance of 216.19 feel (216.43 feet by deed)to a point of tangency; 3.Sout h 88°01'22"West,a distance of 107.88 feet; THENCE North 01°52'05"West,a distance of 523.58 feet; THENCE South 88°0913"West,a distance of 581.87 feet; • THENCE South O1°52'05"East,a distance of 525.02 feet to the intersection with the North line of said Parcel of land conveyed to the City of Aventura; • THENCE South 8890122"Weston said North line,a distance of 461.33 feet; THENCE North 01°56'38" West,a distance of 629.41 feet to intersection with the North line of said Tract A and the North line of said Section 34; Premed Be CALVIN.GIORDANO AND AMSOCIATPS RIC. Ia00 Wei pew,Sues 600 Port I"0°dW,Moeda 33316 • A9r11202006 Revised My25.100d RavW ee242006 PAPtisinsU2000012193 Coliseum Park Boundary Surrey of Miami Dads ItNe9'SERVETessol Dumptiar°1PARKVIEW AT O W STREAM BnIad 1141006.do THENCE North 8S°01'22"East on said North line of Tract A and the North line of Section 34,a distance of 1,374.03 feet to the POINT OF BEGINNING; TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL(see attached): • • Propend By: CALVIN,01O10ANO AND ASSOCIATES.INC. 1100 Ella 0,1w Suite 600 Fon Leudpdelp,Plnidel33I6 April 21.2006 R°Wed My 2$.2006 Revised duly 26,2006 P'.We°jeeesV001W12193 OWStnm Perk Boundary Snney of MUM Dade PorkaTURVEY Lori Dc'arlpllms'PARRVIEW AT GULFSTREAM Rnb W 7-262006 dot • LAND DESCRIPTION ZONNING B2 OULWEREAM PARK CITY OF AVENTURA,MfAMI-DADS COUNTY,FLORIDA Portion of Tract A, DONN ACRES, according to the plat thereof as recorded in Plat Book 76, Page 30 of the Public Records of Miami-Dade County, Florida, being more particularly daeribed a follows; COMMENCE at the Northeast comer of Tract B of said DONN ACRES and the • Northeast corner of Section 34,Township 51 South,Range 42 Eat; THENCE South 88°0l'22"West on the North line of said Tracts A and B and the North line of said Section 34,a distance of 1,374.03 feet to the POINT OF BEGINNING; THENCE South Ol°58'49"East, a distance of 629.41 feet to the intersection with the North line of a parcel of land conveyed to the City of Mature for highway purposes by Right-or-Way Deed recorded in Official Records Book 17973,Page 3369 of the Public Records of Miami-Dade County,Florida; THENCE on said North line of a Parcel of land conveyed to the City of Aventura the. following bur(4)courses and distances; 1. South 88°0122" West, a distance of 1078.63 feet to the beginning of a tangent curve concave to the North; 2. Westerly on the arc of said tune having a radios of 614.09 feet,through a central angle of 21.0530",an arc distance of 226.06 feet; 3. North 70°53'08" West, a distance of 131.7j feat to the beginning of a tangent curve concave to the Northeast; 4. Northwesterly on the are of said curve having a radios of 25.00 feet, through a central angle of 88°53'36", an arc distance of 38.79 feet to • point of reverse curvature with a curve concave to the Northwest,said point being located on the West line of said Tract A,DONN ACRES; • THENCE Northeasterly on said West line of Tract A and on thc arc of said curve having a radius of 3909.83 fat,through a central angle of 07646'10", an arc distance of 530.18 feet to the Northwest corner of said Tract A and the intersection with said North line of Section 34; t,..anir Dy. CALVIN.DRafAVQ AND ASSOCIATES,INC. MO Ea.Pfw.},IN rW Fan t*er0% 0w"id.31)16 'mese 09.mos •c,[ t:0'I0t'lot nu limpet raft'Saundra)Surveyor Mianti Dario Pu"ion'SNNEYItryal Destri16oliN"a.a2 Area aer(W f Oam06 doe TMNet Nets 84411'22" F,A$kup e3t4 df'hat'A imd aid Noah tine of Sadob34adistaortof1,2901340 dthest011iI'OPe8 Np1C,. , Said landslying in tete City.of Avenhaa,ilba.-Dade Com ty,Florida and coatdihing 851,612 agttartfeet 09.3Sb acrea)ntomor,Ieat. • Nt1FLtS: - 1. Not valid wilhgot 1h4a5gapWie aa4 aria nal embossed seal of a Florida licensed Frofealena !Werr.otMAI*ej. 2 2 ! > dbt44 4440c4!*11 . $'g'^'}�!,� YucvbX4i: YM o 431-44. gyp,. ,- easemeuu, nitro irmy br 4at i dire.4t#Y 116 i¢hie formic 3 13e yhwh&kiwi44440 440 f x '',: ET"rscta A im4 Ht 3314W ' SD W$ }a#Cetmw Raaotll' wtlhaamm oth9titeha iinfenfl M( 'AI[!t1123 'VP.eii. • 4. The ifeicnption contained haem and the atlacbedgltetelt, does not representa field llotmdary.$drvey. . • CALVLIN,0�eift,.. fro AND:- ' SU ':INC. /1 Dile ,O- l2'1 • estaona .1,,, t / Florida Ret.trat(onNdmher IS 409- hymen,. tantai. tro tscoaRnINCa, bk.US put USK*Plaids Solni 200113)316 RwWs 01 ,011193 Oolptrsn Tu Boundary Survey of Miopi LW,P a•SURVENLpl nuMptlps'z lna,B]Area EXHIBIT"B" Leal description of Tract B (Park Parcell: • LAND DESCRIPTION PROPOSED CITY PARK GULFSTREAM PARK CITY OF AVENTURA,MIAMI-DADE COUNTY,FLORIDA TRACT'A'6.02 ACRES Portions of Tract A and Tract B,DONN ACRES,according to the plat thereof as recorded in Plat Book 76, Page 30 of the Public Records of Miami-Dade County, Florida, being more particularly described as follows: • COMMENCE at the Northeast corner of said Tract B and the Northeast corner of Section 34;Township 51 South,Range 42 East; THENCE South 02°21'14" East on said East line of Tract B and the East line of said Section 34,a distance of 541.55 feet to the Northeast comer of a parcel of land conveyed to the City of Aventura for highway purposes by Right-of-Way Deal recorded in Official Records Book 17973,Page 3869 of the Public Records of Miami-Dade County,Florida; THENCE on the North line of said Parcel conveyed to the City of Aventura the following three(3)courses and&stances; 1. South 50°29'14" West, a distance of 32.10 feet (31.83 feet by deed) to the beginning of a tangent curve concave to the Northwest; 2. Southwesterly on the am of said curve having a radius of 330.00 feet, through a central angle of 37.32'07" (37°34'38" by deal), an arc distance of 216.19 feet (216.43 feet by deed)to a point of tangency; 3. South 88°0l'22"West,a distance of 128.17 feet to the POINT OF BEGINNING; THENCE continue South 88°0122"West on said North line,a distance of 561.58 feet; THENCE North 01°52'05"West,a distance of 507.39 feet; THENCE North 88°0933"East,a distance of 382.40 feet; • THENCE South 37°41'02"East,a distance of 306.19 feet; THENCE South 01°52'05"East,a distance of 257.81 feet to the POINT OF BEGINNING; r„°ne By: CALVIN.GIORDANO AND ASSOCIATES.INC. IWOanaw.aia660 Fon ra°dMrle.Harie933316 Dnm*n 9,2033 bnndA 20.2005 TV'naa 12dee miiri Ti,aB'ouidiryTui:er°TNimi�IS'&YgrienttURVEYt1aylDu non,WeyuiSP-rk-" - - Nu encel 110_042706.6 e • TOGHETER WITH TRACT'II'0.98 ACRES Portions of Tract A and Tract B,DONN ACRES,according to the plat thereof as recorded in Plat Book 76, Page 30 of the Public Records of Miami-Dade County, Florida, being more particularly described as follows: COMMENCE at the Northeast coma of said Tract B and the Northeast comer of Section 34,Township 51 South,Range 42 East; • • THENCE South 02'21'14" East on said East line of Tract B and the East line of said Section 34, a distance of 541.55 feet to the Northeast corner of a parcel of land conveyed to the City of Aventine for highway purposes by Right-of-Way Deed recorded in Official Records Book 17973,Page 3869 of the Public Records of Miami-Dade County,Florida; THENCE on the North line of said Parcel conveyed to the City of Aventura the following three(3)courses and distances; I. South 50°29'14" West, a distance of 32.10 feet (31.83 feet by deed) to the beginning of a tangent curve concave to the Northwest; 2. Southwesterly on the arc of said curve having a radius of 330.W feet, through a central angle of 37°32'0T' (37°34'38" by deed), an arc distance of 216.19 feet (216.43 feet by deed)to a point of tangency; 3. South 88°01'22"West,a distance of 107.88 feet to the POINT OF BEGINNING; THENCE continue South 88'01'22"West,a distance of 20.29 feet; THENCE North 01052105"West,a distance of257.81 feet; THENCE North 37°41'02"West,a distance of 306.19 feet; THENCE South 88919'53"West,a distance of 382.40 feet; THENCE North 01°52'05"West, a distance of 37.63 feet; THENCE North 88'09'53"East,a distance of 581.87 feet; THENCE South 0105295"East,a distance of 523.58 feet to the POINT OF BEGINNING; n.eor.d by CALVIN.e10ADANe AND ASSOCIATES.INC. 1100 Mr Pin.Suitt 600 Fort l aded*,2101&]nl6 Pe°M.r9.2003 ml9temli 4 t_._......._._.....__ _.______. _. ___ r.Vr°jvw.a Ia12193 nuln°amP.,Yagndvy5rn.y of Mimi.DWe Torlle.3UkVEVUcpI DMriRM�Propond P.,k ARA jilt. 142_0427064w Said lands lying in the City of Aventura,Miami-Dade County,Florida and containing total net area 305,075 square feet 7.00(acres)more or less. NOTES: 1. Not valid without the signature and original embossed seal of a Florida licensed Professional Surveyor and Mapper. • 2. Lands described bacon were not abstracted, by the surveyor, for ownership, easements, rights-of-way or other instruments that may appear in the Public Records of Miami-Dade County. - • 3. Bearings shown hereon are relative to the East line of Tract B,DONN ACRES, as recorded in Plat Book 76,Page 30, Miami-Dade County Records, with said East line having a bearing of South 02.21'14"East. 4. The description contained herein and the attached sketch, do not represent a field Boundary Survey. CAL/% ,GIORD a 6' a'AS a IATES,INC. ieLefii, 4 42.e Date: 611-06 e gory . em7. .feasiuS .r and Mapper orida Registration Number LS 4479 By CALVIN.01011DANO AND ASSOCIATES,INC. MO DS Drin.Suile bap Fan la W stat Ronda.3.3]16 Neat 9,Eel Nu.nII&IITO_042706Tfis��n P::GYsin2:.i Sus:yo-i'4fm:U:d.Tmi�m�01IVEW�.t:rISw:inon:IFwo•:d F,�6' A,v_r.ne iaz axross: EXHIBIT "C" Legal description of Commercial Parcel: LAND DESCRIPTION ZONNINCB2 • GULFSTREAM PARK CITY OF AVENTURA,MIAMI-DADE COUNTY,FLORIDA Portion of Tract A, DONN ACRES, according to the plat thereof as recorded in Plat Book 76, Page 30 of the Public Records of Miami-Dade County, Florida, being more particularly described-u follows • COMMENCE at the Northeast corner of Tract B of said DONN ACRES and the Northeast corner of Section 34,Township SI South,Range 42 East; THENCE South 88°01'22"West on the North line of said Tracts A and B and the Noah line of said Section 34,a distance of 1,374.03 feet to the POINT OF BEGINNING; THENCE South 01°58'49"East, a distance of 629.41 feet to the intersection with the North line of• parcel of land conveyed to the City of Aventura for highway purposes by Right-of-Way Deed recorded in Official Records Book 17973.Page 3869 of the Public Records of Miami-Dade County,Florida; THENCE on said North line of a Parcel of land conveyed to the City of Aventura the following but(4)courses and distances; 1. South 88°0122" West, a distance of 1078.63 feet to the beginning of a tangent curve concave to the North; 2, Westerly on the arc of said curve having a radius of 614.09 feet,though a central angle of 21°0530",an arc distance of 226.06 feet; 3. North 10°53'08" West, a distance of 131.79 feet to the beginning of a tangent curve concave to the Northeast; 4. Northwesterly on the are of said curve having a radius of 25.00 feel, through • canna angle of 88°53'36", an arc distance of 38.79 feet to a point of reverse curvature with a curve concave to the Northwest, said point being located on the West line of said Tract A,DONN ACRES; THENCE Northeasterly on said West line of Tract A and on the am of said curve having a radius of 3909.83 feet,through a central angle of 07'46'10",an arc distance of 530.18 feet to the Northwest corner of said Tract A and the intersection with said North Erie of Section 34; p„psi 9, CALVN,OIO*DAA'n MID A$SC :MTee,INC. IIm Bre Orin.Sums'00 fon 10.0104•10.Fluid.33316 Sgenier M,2%6 PWevjectM10.000011193 tinlln,t.m?art a,nmatl Survey of Miami DukponionSUl&VEVi.zpal Docnpt.NVmmin<b2 Area %vita 9as-1006 J¢ THENCE Norm88°01'22" fast on§ah1NStb Iwe,of Tract A end said Nord, line of 81:W01154,a distance of 1,290,11 feet to theePOAiT OP BB LINO; Said lands lying:in the City of Avennra, INionii-Dade Comity, Florida and containing 851,612 square feet(19.550 acfes)more or less. NOTFS: 1. Not valid without the,eignotO(e sad original embossed seal of a Florida hemmed Professional Surveyor sndMapper. 2. Lange•dp:hbEd:beFeler were Int ,by 1J naveyar, for oovnm'idi(b. easenleuti, lights-*Rlriay hr ot(da inn uwefni that m4y appears'the Pybhe Reo6r4§:o(MnamLDidi.Comfy, 3 BeArillti*own beteon-ares rel$.lg td i(!e tt6nh t14t,P, Tracts A and Be DOi4N ACk - ;•b o&gydx�tck, bT-flttola. ,i'ltlPglt TQ' beiftini:Dade County kecodis, with s BdNortbfine having I(I4 ifn'g,W8d4fb$ O1j"'West: 4. The description contained herein and the attached sketch, does not represent Geld linundary Survey- . .. - :. r. . CALVIN, CI c'; a s AND r s - INC: �� �i a f P fissional - , Wj Mapper Flumes Regretobun Number 15 4479. . rRvnd ar CALVIN,010ROANO AND ASSOCIATESONC Ia*ELlplw,§YSCOO Fen Lad.de,,RIo-1733316 snkttheW,]out ani"J 9daoN671993 p„Vrynam hh aouMwY fancy ofMlvni DW ron/GMSUR\Tao tpK l DdpllNeo omkrzm ns_6a EXHIBIT"D" Legal description of Residential Parcel: *4411858 vll LAND DESCRIPTION PARKVIEW AT GULFSTREAM CITY OF AVENTURA, MIAMI-DADE COUNTY,FLORIDA TRACT A: Portions of Tract A and Tract B,DONN ACRES, according to the plat thereof as recorded in Plat Book 76, Page 30 of the Public Records of Miami-Dade County, Florida, being more particularly described as follows: BEGINNING at the Northeast corner of said Tract B and the Northeast corner of Section 34,Township 51 South,Range 42 East; THENCE South 02°21'14" East on the East line of said Tract B and the East line of said Section 34,a distance of 541.55 feet to the Northeast corner of a parcel of land conveyed to the City of Aventura for highway purposes by Right-of-Way Deed recorded in Official Records Book 17973,Page 3869 of the Public Records of Miami-Dade County,Florida; THENCE on the North line of said Parcel conveyed to the City of Aventura the following three(3)courses and distances; 1.Sout h 50°29'14" West, a distance of 32.10 feet (31.83 feet by deed) to the beginning of a tangent curve concave to the Northwest; 2.Southweste rly on the arc of said curve having a radius of 330.00 feet, through a central angle of 37°32'07" (37°34'38" by deed), an arc distance of 216.19 feet (216.43 feet by deed)to a point of tangency; 3.Sout h 88°01'22"West,a distance of 107.88 feet; THENCE North O1°52'05"West,a distance of 523.58 feet; THENCE South 88°09'53"West,a distance of 581.87 feet; THENCE South 01°52'05"East,a distance of 525.02 feet to the intersection with the North line of said Parcel of land conveyed to the City of Aventura; THENCE South 88°01'22" West on said North line,a distance of 461.33 feet; THENCE North 01°58'38" West, a distance of 629.41 feet to intersection with the North line of said Tract A and the North line of said Section 34; Prepaed3r CALVIN.GIORDANO AND ASSOCIATES,INC. IUtO Du Orin.Suits 600 Fan radadea,Plaids 33316 Ap012/,2006 Paned Inky 21.2006 Periled My 26.2006 P:1Pnjaran001012193 Oulfamn Park Boundary Survey of Miami Dade Po,donlSURVEW.eµrM,ariplio.IPAPRVIEW AT OULFS1REAM Revised 7.262006.doe • THENCE North 88°0l'22"East on said North line of Tract A and the North line of Section 34,a distance of 1,374.03 feet to the POINT OF BEGINNING; • Prepared By: CALVIN,GIORDANO AND ASSOCIATES,INC. GOD Elia dire,Suite 600 Fon Lambda Florida 13316 April 21,2006 Rewind My 11,2006 Revised July 26,2006 P IPcejecoV 001 W 12193 GW6pean P uk Boundary Survey o f M imi Dade PonionGUR V E11Legal Dacription0PARE V IE W AT GULFSTREAM Barbed 7-262006 dcc I, lic. iur. Dominik A. Schwerzmann, Notary Public of the Canton of Zug, residing and practising at Zug/Switzerland do hereby certify, that the aforegoing signatures of Mr Thomas Schultheiss, born 25.12.1961, Swiss, Mr Peter Nideroest, Swiss citizen, born 12.09.960, all with business address Baarerstrasse 16, 6304 Zug, are genuine and that Thomas Schultheiss and Peter Nideroest are duly authorised to sign this document with joint signature. Zug,May 21,2008 �`�`o•SCHWfRry o g Notary Public: # i * V: * ‘..--7-\ ( 0/11....--** o s %%2j - SrµKDominik A. Schwerzmann APOSTILLE (Convention de la Haye du 5 octobre 1961) 1. Land: Schweizerische Eidgenossenschaft,Kanton Zug Country: Swiss Confederation, Canton of Zug Diese offentliche Urkunde/This public document 2. ist unterschrieben von has been signed by lic.iur. Dominik A. Schwerzmann 3. in der Eigenschaft als in his capacity as Notary Public of the Canton of Zug 4. Sie ist versehen mit dem Stempel/Siegel des(der) bears the stamp/seal of Notary Public Bestatigt/ certified P ,I-lr4 yel 5. In/to 6301 Zug/6301 Zug 6. Am/the May 21,2008 `%\._" kitiiCil 7. durch die Staatskanzlei des Kantons Zug g by Chancery of State of the Canton of Zug a >SI) �q 8. unter/under Nr. 9+9A 10 � 80 c3 e9. Stempel/Siegel/ Stamp/Seal �. <I a1 a U . ."4V` 10. Unterschrift/Signature .+:11 to ' ,,0011 Z c sA F,, s• tg. w 14c.<1: DF s- Rol1060 Miami-Dade Official Records - Print Document Page 1 of 15 11011111111111111111111111HID 11111• IIlt II CEN 2006R1267307 OR Bk 25136 Pis 3908 - 3952; (4`. RECORDED 11/27/2006 14:40:54 HARVEY RUVIN, CLERK OF COURT This Instrument prepared by MIAMI-DADE COUNTY, FLORIDA and should be returned to: Janice L. Russell, Esq. Akerman Senterfitt 28°'floor One SE Third Avenue Miami, Florida 33131 Parcel ID No.: DECLARATION OF COVENANT THIS DECLARATION OF COVENANT(this"Declaration"), made this_day of November,2008, by GULFSTREAM PARK RACING ASSOCIATION, INC., a Florida corporation, with its main business office at 901 South Federal Highway, Hallandale, Florida 33009 ("Declarant"),for the benefit of the CITY OF AVENTURA,a municipal corporation chartered in accordance with the laws of the State of Florida,with its offices at 19200 West Country Club Drive Aventura, Florida 33180, recites and provides as follows: WITNESSETH: WHEREAS, Declarant is the owner of certain real property in the City of Aventura, Miami-Dade County, Florida, as described in IMAM "A" attached hereto and made a part hereof(the"Gulfstream Aventura Property");and WHEREAS, Declarant has sold and conveyed to the City of Aventura of even date herewith certain lands located adjacent to the Gulfstream Aventura Property to be developed and used as a public park, as described in Exhibit"B" attached hereto and made a part hereof(the"Park Lands");and WHEREAS, Declarant is the owner of the real property lying north of the Gulfstream Aventura Property in the City of Hallandale Beach, Florida and described in 1142398980.21 Book25136/Page3908 CFN#20061267307 Page 1 of 45 Exhibit 3 01-MRC-17 https://www2.miami-dadeclerk.com/officialrecords/PrintDocument.aspx?QS=YaoUfOzxry... 6/1 1/2017 Miami-Dade Official Records - Print Document Page 2 of 15 Exhibit"C" attached hereto and made a part (the "Gulfstream Park Parcel"), which is operated as a horse racing track with pad mutual betting facilities, grandstands, barns, slot machine betting facility and related ancillary improvements; WHEREAS, Declarant owns the real property lying immediately adjacent to the Gulfstream Park Parcel described in Exhibit "D" attached hereto and made a part hereof(the"Hallandale Beach DRI Land"),which Declarant Intends to development as a mixed used retail,commercial and residential project. WHEREAS, as part of the purchase and sale agreement entered Into between Declarant and the City of Aventura with respect to the Park Lands, Declarant has agreed to execute and record this Declaration in the public records of Miami-Dade County, Florida In order to permanently prohibit vehicular access(other than as may be required by government for emergency vehicles) to and from Hallandale Beach DRI Lands and the Gulfstream Park Parcel over, across and upon the Gulfstream Aventura Property to N.E.213°1 Street as hereinafter set forth; and WHEREAS, Declarant intends that the City of Aventura be a direct, third-party beneficiary to this Declaration;and NOW, THEREFORE, in consideration of the declarations herein made and in consideration of TEN DOLLARS ($10.00) In hand paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Declarant hereby subjects its interest in the Gulfstream Aventura Property to the following: 1. Incorooration of Recitals: The foregoing recitals are incorporated herein by reference and made a part hereof. frAnaBcea:z) 2 Book25136/Page3909 CFN#20061267307 Page 2 of 45 https://www2.miami-dadeclerk.com/offcialrecords/PrintDocument.aspx?QS=YaoUttDzxry... 6/11/2017 Miami-Dade Official Records - Print Document Page 3 of 15 2. Vehicular Access Prohibition. Declarant hereby declares that vehicular access (other than as may be required by government for emergency vehicles) from N.E. 213th Street over, across and upon the Gulfstream Aventura Property to and from the Hallandale Beach DRI Lands and the Gulfstream Park Parcel shall be permanently prohibited on and after the date the first temporary certificate of occupancy is Issued for a residential building constructed on the Gulfstream Aventura Property, provided, however, that until such access is permanently prohibited as set forth above, vehicular access to the Gulfstream Park Parcel 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 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 the 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 Parcel is completed, and (iii) at no time shall vehicular access from N.E. 213th Street to the Hallandale Beach DRI Land be permitted for any purpose (other than as may be required by the government for emergency access). 3. Covenant Running with the Land: This Declaration shall constitute a covenant running with the Land on the Gulfstream Aventura Property and shall be binding upon the successors-in-interest and assigns of the Declarant with respect to any portion of the Gulfstream Aventura Property. twaaeaeusl 3 Book25136/Page3910 CFN#20061267307 Page 3 of 45 https://www2.miami-dadeclerk.com/officialrecords/PrintDocument.aspx?QS=YaoUfOzxry... 6/11/2017 Miami-Dade Official Records - Print Document Page 4 of 15 • 4. Modification. Amendment. Relent: This Declaration may only be modified, amended or released by a recordable Instrument executed by the then-current owners of the Gulfstream Aventura Property (or, with respect to any porton of the Property that is submitted to the condominium form of ownership, the condominium association administering the affairs of such condominium) with the consent of the City Manager of the City of Aventura following approval by the City Commission through Resolution. 5. Severability: Invalidation of any one or more of the covenants, restrictions or provisions of this Declaration by judgment or court order shall In no manner affect any other covenant, restriction or provision thereof, and such other covenants, restrictions and provisions are hereby declared to be severable and shall remain in full force and effect. 6. Recnrding. This Declaration of Covenant shall be recorded at Declarants expense in the Official Records of Miami Dade County, Florida within ten(10)days from the date of execution hereof. 7. CItVs Rioht to Inspect Property. Declarant hereby acknowledges and agrees that any official City inspector or duly authorized agent of the City has the right to enter upon and Inspect the use of the Gulfstream Aventura Property at any time during normal working hours to determine whether or not Declarant Is in compliance with the conditions of this Declaration. 8. Term. This Declaration shall be binding on Declarant and all subsequent owners of the Gulfstream Aventura Property for a period of thirty (30) years from the y.@aeea®pr 4 Book25136/Page3911 CFN#20061267307 Page 4 of 45 https://www2.miami-dadeclerk.com/officialrecords/PrintDocument.aspx?QS=YaoUfOzxry... 6/11/2017 Miami-Dade Official Records - Print Document Page 5 of 15 date this Declaration is recorded, after which time the Declaration shall be extended automatically for successive periods of ten(10)years each. 9. Enforcement. This Declaration may be enforced by the City against the Declarant and any party or person violating, or attempting to violate, any of the covenants and restrictions contained herein. The City shall be entitled to revoke permits, and pursue all code enforcement remedies against the Declarant and the Gulfstream Aventura Property, Including the filing of a notice of violation on the Gulfstream Aventura Property and fines. The prevailing party in any action or suit pertaining to or arising out of this Declaration shall be entitled to recover, in addition to costs and disbursements allowed by law, reasonable attorneys' fees and costs as well as attorneys' fees and cost incurred In enforcing this prevailing parties attorneys' fees provision. This enforcement provision shall be in addition to any other remedies available at law or in equity. 10. Authorization for City to Withhold Permits and Insoections If the terms of this Declaration are not being complied with, in addition to any other remedies available at law or in equity, the City is hereby authorized to withhold any permits regarding the Gulfstream Aventura Property or any portion thereof, and to refuse to make any inspections or grant any approvals for the Gulfstream Aventura Property or any portion thereof, until such time as the Declarant is In compliance with the covenants of this Declaration. 11. Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising 12I 5 Book25136/Page3912 CFN#20061267307 Page 5 of 45 https://www2.miami-dadeclerk.com/officialrecords/PrintDocument.aspx?QS=YaoUfOzxry... 6/11/2017 Miami-Dade Official Records - Print Document Page 6 of 15 the same from exercising such other additional rights, remedies or privileges. Declarant or City shall be entitled to pursue all actions at law or in equity including, but not limited to, injunctive relief. [Intentionally short page:signatures only appear on following page] lM23089ee:21 6 Book25136/Page3913 CFN#20061267307 Page 6 of 45 https://www2.miami-dadeclerk.com/offtcialrecords/PrintDocument.aspx?QS=YaoUfOzxry... 6/11/2017 Miami-Dade Official Records- Print Document Page 7 of 15 • IN WITNESS WHEREOF,this instrument is executed on the day and year first above written. WITNESSES: DECLARANT: Signed,sealed and delivered in/lthepresenceof: / apeoei $8-� Gulfstream Park Racing Association, Inc., Name Signed a Florida corporation 9m00%0in Redwood `r•\ Name Prin By: Name: William Ford Tide: Secretary NamenSignec u.C/f T[f/T Nasi��� Name Printed Name: Mary our Tide: Vice s nt and Cont Province of Ontario York Region BEFORE ME, the undersigned authority, this 10^ day of November, 2006, personally appeared William Ford as Secretary and Mary Lyn Seymour as Vice- President and Controller , on behalf of Gulfstream Park Racing Association, Inc., a Florida corporation, who are personally known to me and who executed the within Instrument In their capacity as such. (Notary Seal) No ry blic, Province of Ontario My Co mission Expires: N/A nnsaeeee:zi 7 Book25136/Page3914 CFN#20061267307 Page 7 of 45 https://www2.miami-dadeclerk.com/officialrecords/PrintDocument.aspx7QS=YaoUfOzxry... 6/11/2017 Miami-Dade Official Records- Print Document Page 8 of 15 Accepted by the City ofAventura: Attest: CITY OF AVENTURA,A Florida municipal / I X / wryoration 4 L.- BY _ 4 M.Soroka, Ci Clerk Eric M.So _er alDate:November 2006 Approv-. /leg ••rm .il sufficiency; By: ICity ttom-, State°f F-i�0eArid& ) County of .tiv, ) BEFORE ME, the undersigned authority, thing] day ofNtaste- , 2006, personally appeared Eric M. Soroka, as City Manager of the CITY OF AVENTURA, a Florida municipal corporation,who is personally known to me and who executed the within Instrument in his/her capacity as such. 2tat—7/10 ikt (Notary Seal) g t Name: yr 1 0.1 My Commission E pws: 1 I K Comm tfr DDCBSIRX3 Floras.clot•{Pre.'I a 8 Book25136/Page3915 CFN#20061267307 Page 8 of 45 https://www2.miami-dadeclerk.com/offtcialrecords/PrintDocument.aspx?QS=YaoUfOzxry... 6/11/2017 Miami-Dade Official Records -Print Document Page 9 of 15 EXHIBIT"A" GULFSTREAM AVENTURA PROPERTY 0.12398980;2) 9 Book25136/Page3916 CFN#20061267307 Page 9 of 45 https://www2.miami-dadec lerk.com/officialrecords/PrintDocument.aspx?QS=YaoUfOzxry... 6/11/2017 Miami-Dade Official Records- Print Document Page 10 of 15 • • LAND DESCRIPTION TANNING B2 GULFSTREAM PARK CITY OF AVENTURA,MIAMI-DADE COUNTY,FLORIDA Portion of Tract A, DONN ACRES, according to the put thereof as recorded in Plat Book 76, Page 30 of the Public Records of Miami-Dade County, Florida,being more particularly described as follows: COMMENCE at the Northeast corner of Tract B of said DONN ACRES and the Northeast corner of Section 34,Township 51 South,Range 42 East THENCE South 88°01'22"West on the North line of said Tracts A and B and the North line of said Section 34,a distance of 1,374.03 feet to the POINT OF BEGINNING; THENCE South 01°58'49" Eat, a dimoce of 629.41 feet to the intersection with the North line of• parcel of land conveyed to the City of Aventura for highway imposes by Right-of-Way Deed recorded in Official Records Book 17973, Page 3869 of the Public Records of Miami-Dade County,Florida; THENCE on said North line of a Paint of land conveyed to the City of Aventura the following four(4)courses and distance*; I. South 88°0122" West, a distance of 1078.63 *et to the beginning of a tangent curve concave to the North; 2. Westerly on the arc of said curve having a radius of 614.09 feet,through a central angle of21°0530",an at distance of 226.06 fat; 3. North 70°53'08" Wet, a distance of 131.73 feet to the beginning of a tensest curve concave to the Northeast 4. Northwesterly on the am of said curve having a radius of 25.00 feet through• central angle of 88°53'36", an at distance of 38.79 feet to a point of reverse curvtme with a mule concave to the Northwest,said point being located on the West line of said Tract A,DONN ACRES; THENCE Northeasterly on said West line of Tract A and on the arc of said curve having a radius of 3909.83 feet,through a central angle of 07°46'10",an at distance of 530.18 feet to the Northwest coma of said Tract A and the intersection with said North line of Section 34; Pepsis)By CALVIN.ooRDANO AND ASSOCRTIS,PC, Ian El.o,M.auls dm Vat laudadeleallaida Mid terstather w.and P:tfln\1001'e12193 o.J*e m Put aw,.ySunny.fWand P4 Y°NwWRvWYWpl Decripidelleasathifa Am smvada.os0aues Sheet 1 of 3 Sheets Book25136/Page3917 CFN#20061267307 Page 10 of 45 https://www2.miami-dadeclerk.com/officialrecords/PrintDoeument.aspx?QS=YaoUfOzxry... 6/11/2017 Miami-Dade Official Records - Print Document Page 11 of 15 • THENCE North 88°01'22'East on said North line of Tract A and said North line of Section 34,a distance of 1,290.11 feet to the POINT OF BEGINNING; Said lands lying in the City of Avsntura,Mi®-Jade County,Florida and containing 851,612 quare feet(19.550 acres)note or less. NOTES: 1. Not valid without the signature and original embossed seal of s Florida brewed Professional Surveyor ad Mapper. 2. Lands described bacon was not abstracted, by the surveyor, for ownership, easements, right of-way or other instruments that may appear in the Public Records of Miami-Dade County. 3. Bearings shown hereon ate relative to the North line of Tsai A and B,DONN ACRES, as recorded in Plat Book 76, Page 30, Miami-Jade County Records, with said Nadi line having a bearing of South srorz2"West. 4. The description contained herein and the attached sketch, does not represent a geld Boundary Survey. CALVIN,)0•'• 'ANO AND �J rr INC. Jab: !o -fZ'Cro e 1.C •4�� Floridai• al S.. .- • Mapper de Registration Number LS 4479 PrepartCALVIN, r CA GLVa,OtlaMtq ANDAasDeIARt.IPC. pen1.03 Ella Dribs Milli 6[e MI WW Plaids 3331i 3Avir3 OM 10a E."lraj,aVal'Olr les Gam M Mo arrLq efMimi M rstlmeUMVMIyI IMIpW®YILnM Mind aaemsem Sheet 2 of 3 Sheets Book25136/Page3918 CFN#20061267307 Page 11 of 45 https://www2.miami-dadeclerk.com/officialrecords/PrintDocument.aspx?QS=YaoUfOzxry... 6/11/2017 Miami-Dade Official Records -Print Document Page 12 of 15 e. • IS •.1 .'Sit'WRM/.0 PARK POPOMY SPEY Or EIS otlE•GMMM K •TCM OI2It3 V-]nwo•C¢fPITOx-a-it ■-MAoO la $.& FEDfRAL PB�'iinitir°AT^$Y1 q.39� GYgAr R, 5) illifilirliiirni liglwr c 44 1 `ll Ili II il /P vs ! B s o 5� N iN r a0 . T2 nil ! � R ill Ngil ?Nn P3 r: ti 2 $ 6 III 2300 d 0 . r i" D mil • 4 NyM 6 i So etc T mw0 Om2 E@i b' Oy 9 • i3 •-I SOP5113YE-c z !]VAI LOCATION MAP m YE N E [ Y $ $ m ¢ $! Z't5 �_ II 7 N ; Ia Pc,.G' M.> 4 P%42�\ a V w A Y LAST uE a N4M�aheha CI.) \` 19 41 9 P.O.C. fl N. TRAC4—SI T ]�—Yh4V Book25136/Page3919 CFN#20061267307 Page 12 of 45 https://www2.miami-dadeclerk.com/officialrecords/PrintDocument.aspx?QS=YaoUfOzxry... 6/11/2017 Miami-Dade Official Records - Print Document Page 13 of 15 LAND DESCRIPTION MO TRACT LE88 PARK GULFSTREAM PARK CITY OF AVENTURA,MIAMI-DADA COUNTY,FLORIDA Portions of Tract A and Tract B, DONN ACRES,according to the plat thereof as recorded in Plat Book 76, Page 30 of the Public Records of Miami-Dade County, Florida, being more particularly described as follows: BEGINNING at the Northeast corner of said Tract B and the Northent owner of Section 34,Township 51 South,Range 42 East; THENCE South 02°21'14"East on the East line of said Tract B and the East line of said Section 34,a distance of 541.55 feet to the Northeast corner of a parcel of land conveyed to the City of Aventura for highway purposes by Right-of-Way Deed recorded in Official Records Book 17973,Page 3869 of the Public Records of Miami-Dde County,Florida; THENCE on the Nath line of said Parcel conveyed to the City of Aveonua the following three(3)courses and distances; 1. South 50°29'14" West, a distance of 32.10 feet (31.83 feet by deed) to the beginning ofa tangent curve concave to the Northwest; 2. Southwesterly on the are of said curve having a radius of 330.00 feet through a antral angle of 37°32'07" (37°34'38" by deed), an arc distance of 216.19 feet (216.43 feet by dad)to a point of tangency; 3. South 88°01'22"West,a distance of 107.88 feet; THENCE North 01°52'05"West,a distance of 523.58 feet: THENCE South 88°09'53"West,a distance of581.87 feet; THENCE South 01°52'05"But,a distance of525.02 feet to the intersection with the North line of said Parcel of land conveyed to the City of Aventua; THENCE South 88°0122"West on said North line,a distance of461.33 feat; THENCE North 01°5838"West, a distance of 629.41 feet to intersection with the North line ofsaid Tract A and the North line of said Section 34; P"va d ar CALVIN.OOPWANJ AND ASSOCIATES.INC IIW tai PM.Pdetaw Fat LW°d,IA lath 13316 Ara 21 We PWIYYM2 l'OI36 .Minh buten M MJ°yruwy N Mini LYS Nb64URv0W{AILI noi6ll°W4e TIP La Peek Arai MIS 7•2540011.6 Sheet 1 of 3 Sheets Book25136/Page3920 CFN#20061267307 Page 13 of45 https://www2.miami-dadeclerk.com/officialrecords/PrintDocument.aspx?QS=YaoUfO2xry... 6/11/2017 Miami-Dade Official Records- Print Document Page 14 of 15 • THENCE North 88'0122'East on said North line of Tract A and the Noah line of Section 34,a distance of 1,374.03 feet w the POINT OF BEGINNING; Said lands lying in the City of Aventura, Miami-Dade County, Florida and containing 554,669 Square feet(12.7335 acres)mom or less. NOTES: 1. Not valid without the signature and original embossed seal of a Florida Reeved Professional Sungyor and Mapper. 2. Lands described hereon were not abstracted, by the surveyor, for owmehip, mamreat; fights-of-way a other instruments that may appeer in the Public Records of Miami-Dade County. 3. Bearings shown bacon are relative to the Ent line of Tract B,DONN ACRES,as recorded in Plat Book 76,Page 30,Miami-Dade County Records,with aid East line having abmirg of South 02'21'14"Eat. 4. The description contained herein and the attached sketch,do not represent a field Boundary Survey. CALVIN .IORWjO. oa&ms,INC. (116 Date: Q-/Z-ce .fari ... . aunt Mapper Florida Registration Number LS 4479 Prem aDr CALVIN.OaRDANO AND ASSOCIATE, C. WOO aat oma.suit 600 Fat lawka Platy 33316 Aril M.20:05 Halal Juts U.0006 P:MywMl001tltlrp Omsk Pae9palry zny or Mills Daft MembnaVBYWpl DmaYm,WD Tei Las PIA Mm 4,W 7d19006.m Shed 2 of 3 Sheets Book25136/Page3921 CFN#20061267307 Page 14 of 45 https://www2.miami-dadeclerk.com/officialrecords/PrintDocument.aspx?QS=YaoUfOzxry... 6/11/2017 Miami-Dade Official Records -Print Document Page 15 of 15 P;V'SIOLCISVDOlW12l,a NAlSTPLV1 PARK Btl11ONr MAMA OF MAW DME PORTION\SURVET 4LTOIV1OSD-Y-S-w•12 OLHIYMN-00-11-0•011C mf goildiarrie°°P15I nil 111 if 0144 q `` a f F m EXISTING 02/110 ZOMNC UNE 1i -1 p A i `s c Pi IiiR N R. .4 - :_ Ic N >`>0 x T PC M sonnet SMO' n .1 Zf= B E a"a�1ttA ilia 'fir o m y trl& no z , .ii.. 114‘1‘iiki9:.%;iitipt). an g ig LOCATION MAP 8 — NOIttt* SNOW la dp e lW2IICE MINS' �-Y I/ '1I. B a 1:f MI ir w Book25136/Page3922 CFN#20061267307 Page 15 of 45 https://www2.miami-dadeclerk.com/officialrecords/PrintDocument.aspx?QS=YaoUfOzxry... 6/11/2017 Miami-Dade Official Records - Print Document Page 1 of 15 EXNIBR"B" PARKLANDS lmnseeZe:n 10 Book25136/Page3923 CFN#20061267307 Page 16 of 45 https://www2.miami-dadeclerk.com/officialrecords/PrintDocument.aspx?QS=YaoUfOzxry... 6/11/2017 Miami-Dade Official Records- Print Document Page 2 of 15 LAND DESCRIPTION PROPOSED CITY PARK GULPSTREAM PARK CITY OF AVENTURA,MIAMI-DADE COUNTY,FLORIDA TRACT'A'6.02 ACRES Partious of Tract A and Tract B,DONN ACRES,according to the plat thereof as recorded in Plat Book 76,Page 30 of the Public Records of Miand-Dade County, Florida, bang more particularly described as knows: COMMENCE at the Northeast comer of said Tract B and the Northeast corner of Section 34,Township 51 South,Range 42 East; THENCE South 02°21'14" Fast on said East line of Tract B and the East line of said Section 34,a distance of 54155 feet to the Northeast corner of a parcel of land conveyed to the City of Avennna for highway purposes by Right-of-Way Deed mewled in Official Records Book 17973,Page 3869 of the Public Records of Miami-Dade County,Florida; THENCE on the North line of said Parcel conveyed to the City of Aventura the following Ana(3)courses and distances; 1. South 5099'14" West, a distance of 32.10 feet (31.83 feet by deed) to the beginning of a tangent cure concave to the Northwest; 2. Southwesterly on the arc of said curve having a radia of 330.00 feet,through a central angle of 3792'07" (37°34'38" by deed), an arc distance of 216.19 feet (216.43 feet by deed)to a point of tangency; 3. South 88°01'22"West,adistance of 128.17 feet to the POINT OF BEGINNING; THENCE continue South 88°0122"West on said North line,a distance of 561.58 feet; THENCE North 01°32'05"West,a distance of 50739 feet; THENCE North 88°09'53"East,a distance of 382.40 feet THENCE South 37°41'02"East,a distance of 306.19 feet THENCE South 01°52'05"East,a distance of 257.81 feet to the POINT OP BEGINNING; P1Iael BT CALVIN.npR W,W AND ASSOCIATES.INC. INWas Mw.Mlle KO Fort latl°YI°rbiy 33316 Osa,es A Zan Revised Apia 3114006 Pf41902401001,4121930.daau,PW Bombay Survey of Mani Dade Pltti.,SURVEreepS Daatalandaropmed Park Mjml 141 041I064x Sheet 1 of 4 Sheets Book25136/Page3924 CFN#20061267307 Page 17 of45 https://www2.miami-dadeclerk.coon/of5cialrecords/PrintDocument.aspx?QS=YaoUfOzlcry... 6/11/2017 Miami-Dade Official Records- Print Document Page 3 of 15 TOGHETER WITH TRACT'B'0.98 ACRES Portions of Tract A and Tract B,DONN ACRES,according to the plat thereof as recorded in Plat Book 76, Page 30 of the Public Records of Miami-Dade Cotmty, Florida,being more particularly described as follows: COMMENCE at the Northeast comer of said Tract B and the Northeast corer of Section 34,Township 51 South,Range 42 East; THENCE South 02°21'14" East on said East line of Tract B and the East line of said Section 34,a distance of 54135 feet to the Northeast coma of a parcel of land conveyed to the City of Avaitwa for highway plupow by Right-of-Way Deed recorded in Official Records Book 17973,Page 3869 of the Public Records of Miami-Dade County,Florida; THENCE on the North line of said Parcel conveyed to the City of Aventura the following three(3)comas and distances; 1. South 50°29'14" West, a distance of 32.10 feet (31.83 feet by deed) to the beginning of a tangent curve concave to the Northwest; 2. Southwataiy on the arc of said curve having a radius of 330.00 feet, through a central angle of 37°32'07" (37°34'38" by deed), an arc distance of 216.19 feet (216.43 fed by deed)to a point of tangency; • 1 South 88°01'22"West,a diaance of 107.88 fat to the POINT OF BEGINNING; THENCE continue South 88°0122"West,a distance of 20.29 fed; THENCE North 01°52'05"West,a distance of257.81 feet; THENCE North 3791'02"West,a distance of 306.19 feet; THENCE South 88°09'53"West,a distance of 382.40 fed; THENCE North 0192'05"Wee,a distance of 17.63 feet; THENCE North 88°09'53"East,a distance of 581.87 feet; THENCE South 0192'05"East,adistance of 52338 feet to the POINT OF BEGINNING; PM,—Br CALVIN.oawMN0 AND ASSOCIATES.DIC MI me Drives Ulm WO Fat 1 1i,heists 3M16 __9.2003 Revisal ill ll.ma rAProjecla011012193 OmBYmi M 94.e.17 unity arias M HemNORVEY11gl DS IptlwWrqosir Pok Naa-ryN 11a204r doe Sheet 2 of Sheets Book25136/Page3925 CFN#20061267307 Page 18 of 45 https://www2.miami-dadeclerk.com/officialrecords/PrintDocument.aspx?QS=YaoUfOzxry... 6/11/2017 Miami-Dade Official Records - Print Document Page 4 of 15 Said lands lying in the City ofAvemua,Miami-Dade County,Florida and containing total net area 305,075 square feet 7.00(acres)more or leas. NOTES; I. Not valid without the signature and original embossed seal of a Florida licensed Professional Surveyor and Mapper, 2. Lands described hereon were not abstracted, by the cmveyor, for ownerdap, easements, rights-of-way or other insttments that may appear in the Public Records of Mimi-Dade County. 3. Bearings shown hereon are relative to the East line of pact B,DONN ACRES,as recorded in Plat Book 76,Page 30, Miami-Dade County Records,with said East line having*bearing of South 02°21'14"East 4. The description contained herein and the attached sketch,do not represent a field Boundary Survey. • CAL ; ,GIORD , 'AS ,6 TES,RNC. !//ti. 2e-.eterei Date: StY-Oe. .fessi.. S . ' • and Happel orida Registration Number LS 4479 91ga91 SP cuvm.owaww.xo ASSOCIATE&RC. IanaYnFa,SWUM, Npraub.a Worlds l ]3316 Daaart9.Te3 Pais.WWI M2036 P.W yvenminn193 n W ebvt M BanYl]mw Y Miami Rb NYw W Y V EYLLgI nv7tlmYiqutl Pat Ms had I 112_04270bAr< Sheet 3 of 4 Sheets Book25136/Page3926 CFN#20061267307 Page 19 of 45 https://www2.miami-dadeclerk.com/officialrecords/PrintDocument.aspx?QS=YaoUfOzxry... 6/11/2017 Miami-Dade Official Records - Print Document Page 5 of 15 • h VFiear M310 iUIW.M PAW MY CMY WCY V WY MK P OASIM 21*YV-w.'-OVJIdO*$M J *1- �X11 giffif4E!liFfEiii4 ��f est=_,- (g o -a— b' -- iI'1 ji =' a zi, 3 e I I II p3 _ 0 n C JJ 4 "tQ4� -em H �� ' " mo '�0 °c�, p_ -- :: A9ypo1 H513Y55'W 55).X'% J CkiT Pr C ' A �L 06 N d t u� P Li ;0I A 4' anus 1. Ti- G max 1 'a A ,,, ii L C' ',,,1' >.� r �sns.— :_ d _.� 6 153 _ �e 523.5W .ai a Ili .x $, b Stu' • 00•413 > a . = PNvMelP [ c - - epi 502K1YCE 5!1.55' J� w_ GI i e r �� E Pow rs 6 Book25136/Page3927 CFN#20061267307 Page 20 of 45 https://www2.miami-dadeclerk.com/officialrecords/PrintDocument.aspx?QS=YaoUfOzxry... 6/11/2017 Miami-Dade Official Records - Print Document Page 6 of 15 EXHIBIT"C" BULFETREAM PARK PARCEL (M2390ee92} 11 Book25136/Page3928 CFN#20061267307 Page 21 of 45 https://www2.miami-dadeclerk.com/officialrecords/PrintDocument.aspx?QS=YaoUfOzxry... 6/11/2017 Miami-Dade Official Records - Print Document Page 7 of 15 • LAND DESCRIPTION GULFSTRRAM PARK BROWARD COUNTY PORTION LESS VILLAGES AT GULPSTREAM PARCEL 1(FEE SIMPLE ESTATE) The East 180.6 feet of Lot I,Block 7; LESS the North 75 feet thereof for State Road Right-of-Way, The South 300.0 feet of Int 1,Bock 7;LESS the East 180.6 feet thereof;and also lea the West 33.23 feet thereof;Lot 4,Block 7,leas the North 25.00 feet of the West 33.23 feet thereof; Lots 3 and 4,Block 8; Lots 1,2,3 and 4,Bloch 9; Lots I,2,3 and 4,Block 10; Lots I,2,3 and 4,Block 15; Lots I,2,3 and 4,Block 16; All of the Subdivision in Section 27,Township 51 South,Range 42 East,according to the Plat of TOWN OF HALLANDALE (MAP OP THE TOWN OF HALLANDALE), according to the Plat thereof as recorded in Plat Book B,Page 13, Public Records of Dade County,Florida,now being a put of Broward County,Florida. LESS AND EXCEPT from all the above those portions lying West of the East right-of- way of Federal IEghway (U.S. No. 1), said East right-of-way line being described as follows: Beginning at the intersection of the North line of said Lot 2,Block 10,with a line that lies 90.00 feet East of and parallel with the West line of the Southeast One- Quarter(S.E.Y4)of said Section 27;thence Southerly along said parallel line a distance of 1869.97 feet to the point of curvature of a curve concave to the West and having a radius a of 3909.83 feet;thence Southerly along said curve through a central angle of 12 degrees 03 minutes 38 seconds for an arc distance of 823.01 feet to a point of terminus on the South line of the Southeast One Quarles(S.E.Y4)of said Section 27,Township 5 t South, Range 42 East,Broward County,Florida. Portions of the Plat of TOWN OF HALLENDALE (MAP OF THE TOWN OF HALLANDALE), according to the Plat thereof, as recorded in Plat Book B, Page 13, Public Records of Miami-Dade County(Broward County),Florida, now being a portion of Broward County, Florida, as reflected in the legal description set forth above were replotted by the following plats: HALLANDALE PARK NO. 12 PART 2, recorded in Plat Book 10, Page 17, Public Records of Miami-Dade County, Florida, now being a portion of Brewed County, Florida B)HALLANDALE PARK NO. 12 REVISED(RIVIERA)SECTIONS,recorded in Plat Beck 10,Page 18, Public Records of Miami-Dade County(Broward County), Florida, now being a portion of Broward County,Florida. neva'BY: CALVIN,GIRDAIO AND ASSOCIATES.M[. MO norm),+.Sults 603 PM W33316Plaits Awn rilk2 x0066 i P:Ma}cWatetenne whaT,M4URvaYVepl OmlpCylpa naMaaW6 p."3 hen vlghe Sheet I of 15 Sheets Book25136/Page3929 CFN#20061267307 Page 22 of 45 https://www2.miami-dadeclerk.com/officialrecords/PrintDocument.aspx?QS=YaoUfOzxry... 6/11/2017 Miami-Dade Official Records - Print Document Page 8 of 15 • C)GOLDEN ISLES BOULEVARD ANNEX BENCH(BEACH)SECTION,recorded in Plat Book 12, Page 46, Public Records of Miami-Dade County (Broward County), Florida,now being a portion of Brainerd County,Florida AND All of the subdivisions of HOLLYDALE PARK, according to the Plat thereot, as recorded in Plat Book II,Page 2,Public Records of Broward County,Florida LESS AND EXCEPT THEREFROM all of Hibiscus Street as shown on said HOLLYDALE PARK,a/k/a the North 25 feel of the Southwest One Quarter(S.W.' )of the Southwest One Qmtla(S.W./)of the Northeast One Quarter(N.E.1/4)of Section 27,Township 51 South,Range 42 East,Browad County,Florida. ALSO EXCEPTING THEREFROM all that portion of said Holydale Park lying West of a line 90.00 feet East of and parallel with the West line of the Southwest One Quarter (S.W.1/4) of the Southwest One Quarter (S.W.1/4) of the Northeast One Quarter (N.E.1/4)of Section 27,Township 51 South,Range 42 East,Brewed County,Florida. AND The West One Half(W.12) of the Southwest One Quarter(S.W.1/4)of the Northwest One Quarter(N.W.1/4)of the Southwest One Omuta(S.W.1/4)and the West One Half (W.112) of the Northwest One Quarter (N.W.1/4) of the Southwest One Quarter (S.W.1/4) of the Southwest One Quarter(S.W.1/4) of Section 26, Township 51 South, Range 42 East,Broward County,Florida. ALSO LESS AND EXCEPT THEREFROM all of the above description property • conveyed by the Deed to the State of Florida for use and benefit of the State of Florida Department of Transportation as set forth in the Deed recorded in Official Records Book 13597,Page 886,Public Records of Steward County,Florida,described as follows: That part of Lots 2 and 3, Block 15, TOWN OF HALLANDALE, according to the Plat thereof,as recorded in Plat Book B,Page 13,Public Records in Broward Canty(Dade County),Florida,said part being more particularly described as follows: Commence at the Northeast cornet of the Southeast Quarter of Section 27,Township 51 South,Range 42 East;thence South 87 degrees 07 minutes 18 seconds West along the North line of said Southeast Quarter of Section 27,a distance of 2665.11 feet to the Northwest corner of said Southeast Quarter of Section 27;thence South 02 degrees 52 minutes 00 seconds East along the West line of the East Half of said Section 27,a distance of 1869.97 feet; thence North 87 degrees 08 minutes 00 seconds East, a distance of 94.5 feet; thence South 02 degrees 52 minutes 00 seconds East,a distance of 4.32 feet to the POINT OF BEGINNING;thence continue South 02 degrees 52 minutes 00 seconds East,a distance of 32.91 feet to the beginning of a curve concave Westerly,having a radius of 3743.00 feet and a chord bearing of South 00 degrees 21 minutes 43 seconds East;thence run Southerly along the arc of said wave through a central angle of 5 degrees 00 minutes 35 MOWN er CALVIN.OIOI ANO AND ASSOCIATES.DIC. 1103 FIs MM.Sam IN Fu14.NM1a.Florida 33316 April H.2K6 P:MyssSctdnn athenawlaVQYaaw1 tr,bip NasYnnarawtd parses 64$vlhoa« Sheet 2 of 15 Sheets Book25136/Page3930 CFN#20061267307 Page 23 of 45 https://www2.miami-dadeclerk.com/officialrecords/PrintDocmnentaspx?QS=YaoUfOzxry... 6/11/2017 Miami-Dade Official Records - Print Document Page 9 of 15 • • seconds,a distance of 327.27 feet;thence South 6 degrees 49 minutes 12 seconds West,a distance of 99.85 feet to a point on the existing Easterly right-of-way line of State Road 5 and the beginning of a curve concave to the West,said curve having a radius of 3819.83 feet and a chord bearing of North 1 degree 32 minutes 43 seconds East;thence Northerly along the are of said curve a distance of 318.44 feet through a central angie of 4 degrees 46 minutes 35 seconds to the end of said curve;thence along the South line of said Lot 3, Block 15,North 87 degrees 02 minutes 19 seconds East a distance of 2.11 feet;thence continue along said existing Easterly right-of-way line North 2 degrees 52 minutes 00 seconds West, a distance of 140.79 feet; thence leaving said existing Easterly right-of- way ightrogway line nm North 87 degrees 08 minutes 00 seconds East a distance of 4.50 feet to the ,, POIM'OF BEGINNING. AISO LESS AND EXCEPT THEREFROM all of the above described property conveyed to the State of Florida for the use and benefit of the State of Florida Department of Transportadon as sen forth in the Deed recorded in Official Records Book 15493,Page 113,Public Records of Broward County,Florida,described as follows: That part of Los 10 and 11,Block 2,of HOLLYDALE PARK,according to the Plat thereof,as recorded in Plat Book I I,Page 2,Public Records of Broward County,Florida,and that part of a 25 foot abandoned and vacated road as shown on said Plat of Hollydale Park and that part of Lot 2, Block 10, of the TOWN OF HALLANDAIE, according to the Plat thereof, as recorded in Plat Book B, Page 13, Public Records in Dade County, Florida, said part being more particularly desnbcd as follows: Commence at the Southwest corner of the Northwest Quarter in Section 27,Township 51 South,Range 42 East; thence North 87 degrees 07 minutes 28 seconds East, along the Quarter Section line of said Section 27 a distance of 2655.87 feet to the baseline of survey for State Road 5;thence North 02 degrees 52 minutes 00 seconds West,a distance of 62.77 feet;thence North 87 degrees 08 minutes 00 seconds East,a distance of 90.00 feet to the Easterly existing right-of-way for State Road 5 and the POINT OF BEGINNING thence South 67 degrees 58 minutes 47 seconds East,a distance of 23.16; thence North 87 degrees 07 minutes 18 seconds East, a distance of 10.97 fat; thence South 02 degrees 52 minutes 42 seconds East,a distance of 106.00 feet;thence South 42 degrees 07 minutes 39 seconds West,a distance of 38.89 feet;thence South 02 degrees 52 minutes 00 seconds East, a distance of 200.25 feet thence South 00 degrees 56 minutes 51 seconds West,a distance of 67.65 feet; thence North 02 degrees 52 minutes 00 seconds West,a distance of 411.00 fat to the POINT OF BEGINNING,and that part of Lots 1 and 2 in Block 1 of HOLLYDALE PARK, according to the Plat thereo[ as recorded in Plat Book 11,Page 2,oft the Public Records in Broward County,Florida,said part being more particularly described as follows: Commence at the Southwest corner of the Northwest Quarter in Section 27,Township 51 South,Range 42 East;thence North 87 degrees 07 minutes 28 seconds East, a distance of 2655.87 feet to the baseline of Survey for State Road 5;thence North 02 degrees 52 minutes 00 seconds West,a distance of 618.41 feet;thence South 87 degrees 08 minutes 00 seconds East,a distance of 90.00 feet to the POINT OF BEGINNING;thence North 32 degrees 50 minutes 45 seconds e rre Sr CALVIN.oaaano AND MSOCIATed.NC. MOO Fab nM.SPAN 6a Fen lyde6,k Medea 13316 Apll n.lab ✓WgcWmttasa GWaesN9ufVaw<pl o®paemGuwaurnae.ae pals less Vitp.be Sheet 3 of 15 Sheets Book25136/Page3931 CFN#20061267307 Page 24 of 45 https://www2.miami-dadeclerk.com/officialrecords/PrintDocument.aspx?QS=YaoUtOzxry... 6/11/2017 Miami-Dade Official Records - Print Document Page 10 of 15 • East a distance of 40.03 feet; thence South 87 degrees 12 minutes 47 seconds West,a distance of 23.36 feet to the Easterly misting right-of-way for State Rod 5;thence South 02 degrees 52 minutes 00 seconds East, a distance of 32.53 feet to the POINT OF BEGINNING. LESS THEREFROM THE FOLLOWING DESCRIBED PARCEL: A portion of Lots 1,3 and 4,Block 7,Lots I through 4,Block 10,and Lots 1 through 3, Block 15 all in MAP OF THE TOWN OF HALLANDALE,according to the plat thereof as recorded in Plat Book B,Page 13 of the Public Records of Dade County,Florida,also ' being portions of HALLANDALE PARK NO. 12,PART 2,according to the plat thereof as recoded in Plat Book 10,Page 17,portions of HOLLYDALB PARK,according to the plat thereof as recorded in Plat Book 11,Page 2 and portions of HALLANDALE PARK NO.12,according to the plat thereof as recorded in Plat Book 12,Page 35,the three(3) previous plats being recorded in the Public Records of Bmward County, Florida and being particularly described as follows: COMMENCING at the Southeast corner of Section 27,Township 51 South,Range 42 East,Bmwand County,Florida; THENCE South 88°01'22"West(basis of bearings)on the South line of said Section 27, a distance of 2,093.59 feet to the POINT OF BEGINNING; THENCE continue South 88°0122"West on said South line of Section 27,a distance of 570.55 feet to the intersection with the East right-of-way line of South Federal Highway (U.S. I)as shown on State of Florida Department of Transportation Right-of-Way Maps for State Road 5, Section 86010-2519, said point located on the arc of a non-Tangent curve concave to the West,whose radius point bears North 79°45'42"West; THENCE on said East right-of-way line of South Federal Highway(U.S. I)the following sixteen courses and distances; 1. Northerly on the arc of said curve having a radius of 3,909.83 feet, through a central angle of 05°16'33",and an ac distance of 360.01 feet to a point of ren- tangency; 2. South 85°02'l4"East,a distance of 0.85 feet; 3. North 07°51'26" East, a distance of 99.85 feet to a point on the arc of a non- tangent curve concave to the West, whose radius point bears North 86°4911" West; nerd Or CALVIN.oaRDANOAND ASSOCIATES.INC. IMO elle Di..,Sults see Nil t"°N6alr.NMI 3316 NAGA.z". P:?,* 2 4AN O°INw°SORVEVL.pl Elscripikataulairearmennivd puns-Vuay°Lx Sheet 4 of IS Sheets Book25136/Page3932 CFN#20061267307 Page 25 of 45 https://www2.miami-dadeclerk.com/officialrecords/PrintDocument.aspx?QS=YaoUfO2xry... 6/11/2017 Miami-Dade Official Records - Print Document Page 1 I of 15 4. Northerly on the arc of said curve having a radius of 3,743.00 feet, through a central angle of 05°00'35". and an are distance of 327.27 feet to a point of tangency; 5. North 01°49'46"West,a distance of 32.91 feet; 6. South 88°10'14" West, a distance of 4.50 feet to a point on the arc of a non- tangent curve concave to the West, whose radius point bears South 88°l4'02" West; 7. Northerly on the aro of said curve having a radius of 3,909.83 feet, through a central angle of 00°03148",an arc distance of 4.32 feet to a point oftangccy, 8. North O1°49'46"West,a distance of 1,521.75 feet; 9. North 02°03'07"East,a distance of 67.65 feet; 10.North 01°49'46"West,a distance of 200.25 feet; 11.North 43°07'48"East,a distance of 38.89 feet; 12.North 01°5233"West,a distance of 106.00 feet; 13.South 88°0727"West,a distance of 10.97 feel; 14.North 66°56'55"West,a distance of 23.16 feet; • 15.North 01°50118"West,a distance of 555.82 feet; 16.North 33°5237"East,a distance of 40.03 feet to the intersection with the South right-of-way line of Hibiscus Street as shown on THE PROMENADE AT HAL ANDALE,according to the plat thereof as recorded in Plat Book 112,Page 4 of the Public Records of Broward County,Florida; THENCE North 88°1339"East on said South right-of-way line and its Easterly projection,a distance of594.33 feet THENCE South 01°4621"East,a distance of 10.00 feet; THENCE North 88°1339"East,a distance of 110.41 feet; THENCE South 01°06'17"East,a distance of 29.83 feet; Cued Br OpanANe AND Af6CCNINC.in9, II IW OElla Mn.a°de.33 FOR W]v4FbM°Jn16 April U.X06 P:rmfaM100411342524 auv mmruavaw.W D.vnFeai6wmm°.em°w Ovam m VIO,pAcc Sheet 5 of 15 Sheets • Book25136/Page3933 CFN#20061267307 Page 26 of 45 https://www2.miami-dadeclerk.com/officialrecords/PrintDocument.aspx?QS=YaoUfOzxry... 6/11/2017 Miami-Dade Official Records - Print Document Page 12 of 15 • • THENCE South 01°50'08"East,a distance of414.60 feet; THENCE North 88°0952"East,a distance of 277.46 feet; THENCE South O1°53'41"East,a distance of 1,205.42 feet to a point on the am of a non- tangent curve concave to the Southeast,whose radius point been South 08°2532"East; 'THENCE Southwesterly on the am of said curve having a radius of 59.13 feet,through a central angle of81°41'52",an are distance of84.31 fat to a point of tangency, THENCE South 00°07'24"East,a distance of 34.90 feet; . . THENCE South 88°0912"West,a distance of 170.01 feet THENCE South 01°50'08"East,a distance of 226.96 fed to a point on the am of a non- tangent curve concave to the But,whose radius point bean South 12°35'36"East; THENCE Southaly on the arc of said curve having a radius of 116.08 feet, through a central angle of 158°29'04", sod an am distance of 321.09 feet to a point of non- tangency; THENCE South 01°50'08"East,a distance of 315.49 feet; THENCE South 88°09'52"West,a distance of 103.71 feet; THENCE South 43°0952"West,a distance of 276.44 feet; THENCE South 01°50'08" East, a distance of 618.62 feet to the POMP OF BEGINNING; Said lands lying in the City of Hallandale Beach, Broward County, Florida and containing a total net area of 153.632 acres,more or less. NOTES: I. Not valid without the signature and original embossed seal of a Florida lir-eased Professional Surveyor and Mapper. diva.aGI0RDANO AND Arroculsv,wc. MOBIL va...sm°w Fat tae."t.x.Flo-kb rote Ape n.leae F:v+°i.awwosms n°a°.m%naVEYaspI o.w,ka,omo..ma°..e portion Is Wyo.: Sheet 6 of 15 Sheets Book25136/Page3934 CFN#20061267307 Page 27 of 45 https://www2.miami-dadeclerk.com/officialrecords/PrintDocument.aspx?QS=YaoUfOzxry... 6/11/2017 Miami-Dade Official Records - Print Document Page 13 of 15 • • • 2. Lands described hereon was not abstracted, by the surveyor, for ownership, easements, rights-of-way or other instruments that may appear in the Public Records of Broward County. 3. The description contained herein was prepared from information provided by the client. 4. The description contained herein does not represent a field Boundary Survey. CAL P'GIORDANO P /. a TES,INC. el?'41 Date: SZ'ZY/ J. Lamar •"fesaior$ Mapper da Registration Number LS 4479 • Pews BY CALVIN.aosaw AND ASSOCIATES.INC. I m w.Orin.ad.do Sof r..dNh Florida KO 1.6 .Wer 2L 2036 Fv..hmauoo.aann munm'BntV Inept D.alpae.falad,mamwwd portbn b.vmap.dot Sleet 7 of l SSheets Book25136/Page3935 CFN#20061267307 Page 28 of 45 https://www2.miami-dadeclerk.com/offic ialrecords/PrintDocument.aspx?QS=YaoUIOzxry... 6/11/2017 Miami-Dade Official Records - Print Document Page 14 of 15 Lig_ i'. �cE�s aikL$EFc scEwcc % m irri}pi ttiiiiijji it , t.,tilil ' +p 0 dill ; 1 • 1 05 1!9 s'1[ l EEUT%FEDEEELa1mWAT les p. (U.E.ME.F) € AI I"w in. Wit,-.O, CO NV UPC I IM1 Wal o—SI-41 kir g Ma _. t x.140 911 O m o m Hi e 3 4 S '_� "k . 90 Fy: m H • O ii 13 11 O $ F m 0,s-1 J ;r4;y PA P ^ St° Aa it Y I4 S9k m S_ N0,31'1OW'MS.ca V 5 O -. %1 ZIO1 N ll -1 1 —I .'J Th� I; ""III m s a t" r11� �TI�� �� $ k n T I I I I F I 'T• J I I �'..1..1_1_"..L UItJil j " 7. 'H /l' : ; a { . R 1 �y� [! mm Nrm,l.OLOmF X44.Pp?jEFt4r 1 ilw �E L g Co. &'L4. s Nmssalwv;184 II 6 ;471°. 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S� $t Sb C" "EE % Iii • . �1 (tilp in t!i1 -1 -` cam— a 1i 1 t Fir hI — —11 o,I _ _ TCN LIME SEE BEET a OF 16 — I N I I � I I ��14 O (.4. os to i g I 6 A� I o - rt mi0 pc II 'r o•CR I ufs • s I '49 a a -1 ,I oQ om0 pp ------- —T_—_ _gam 1 z .I comma --1--J L- -I- -JI r - -1--- r a>6 G - - -I-- -1 F---I-- L-- c) as 1- 31. al EI 1- i--s--Poor --F-1- -] r- -I- - Cs t_ - -_I- --I Y6-1-_-_- L --I- --i r'_-1 ] L--1- - I , -r 1i-1 FR IH rli 71 rl-1 rl-r n I P"..± & 1 1 1 1 1 1 11 1 I I I I I I 1 1 1 1 1 1 1 1 II1 WOm^a4 I LIJ LIILIILIJ IIUlUl1 ISMS _rP'i'O _ ON wIAM<00 i. MCI ? REpU, Of GOLDEN ISLES SECIWN 0 S IPC S1 PG 21. O.C.R. •IR�>�>K naa al I is*~nommen 11 R�'-- —v>....F»..0 $ 0 a 1j MOO( 1, I • • Book25136/Page3938 CFN#20061267307 Page 31 of 45 https://www2.miami-dadeclerk.com/officialrecords/PrintDocument.aspx?QS=YaoUfOzxry... 6/11/2017 Miami-Dade Official Records - Print Document Page 2 of 15 Fsa/swasE1c iPs- (E c \` litil [iii Psi f.. �l 1 { ! Lbilik����� F( o It fPE [ f� N s �. I le NUM MEW IMMO m.. I IW.NO.11 § cm OK It its Iltlia.27 a t . . ._� = » :; r. o ae, fl—t., _ _. o ter., o o S -I Ti 0 1 = T LTO in mma cot!' • O ' r>i X• ". mom= m .4 H D i 1 L I 1i 1 1 r_--1 r--1' " 1r--1---1 I 141 L _i L__I_ —c L_-1---I a • I ii� iirigr ~Iirll�r�im i I UL1 11Uju L1 11 U1U L1 7 - - —{ - -`RSI WE iERK — I — — — 't'li0 Tpinme _€flHEEt 7'Or — — -- _I Book25136/Page3939 CFN#20061267307 Page 32 of 45 https://www2.miami-dadeclerk.com/offcialrecords/PrintDocument.aspx?QS=YaoUfOzxry... 6/11/2017 Miami-Dade Official Records- Print Document Page 3 of 15 ® gplrniffiliiI \ 73a ri(i11 j ! { rn ' — - % %:._a i ;.-' so6 O 1 e F. :4I ir EDW FEDERAL MRRE# ryt.ED.F1 W .,.we nee 1a r4 Ei _ .m...Liw.s�.4n } .,-.co 0. I �a��wIran u .barn I .,.,ee......ua m y a r r , x -100 I. 2>9 ;y < - sas dl a.x- ru -tea -1 'i II 8,s. III m I ISI 9 j s3 : 1 1 _. a, g. 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PLOD 17 PERM OF GOLDEN ISLES SECMM D 1 PC 53. PG 21, P.C.P. Book25136/Page3941 CFN#20061267307 Page 34 of 45 https://www2.miami-dadeclerk.com/officialrecords/PrintDocument.aspx?QS=YaoUfDzxry... 6/11/2017 Miami-Dade Official Records - Print Document Page 5 of 15 . 6 Ilis S MI i 6 Itt > ill 1 1 111111 ,1 [[(`[(1t1 �f A Vis. 'a I Ii � � _ _ MATCH LNE S* ET t2 • --_ _ a 2 E l N it m R I ; a " 3 I- s w..., -Ey--I -TE_—r 4 Co -1 I--- - m -0 _� Ute - o ��s,��-�A� t-_ .0 0 o 1-17 1 1 cqi q.~171'1 o C:T I I I I 11.1® d III I c 1�m "::�rm�,E=.0,,,.w,w.ar_, W.. 1.1 Ij 1 Lift � U Q . : Sn 1:24 - -- ---- - - -- F-}i� a 8423 0 J P IS 8 11-. 1 1 ,.Vis- 6 r i 18. LAST SW NI 4/4 SIEROI 54.51..43 NN AVENUE b',A• vcui�vI { II? j z � ' WATERWAYSME OEC. l ( Co4\ T 5PG Ias. PC 7B. D.CR GiNAf 8qq a x m ge5I U ...... nok I Book25136/Page3942 CFN#20061267307 Page 35 of 45 https://www2.miami-dadeclerk.com/officialrecords/PrintDocument.aspx?QS=YaoUfOzxry... 6/11/2017 tel ,--1 ' \PROJECTS\2004\042824 WErSTREAM\SURVEY\SKETCH\042824-V-SK-BROWAROJESS_`ALLAGE.DWG la O ^ 04 CI O. .ri CD i CO • 0- • lJ g 0 ii0- k so YAP: MOT To SC4tC. r`.. a BROWARD COUNTY I I dl iO. COMER .r91OIW wto. _ N- iPY19-m,42 MAW (014.114 In.Pt. ' CD N .rmv'T .wl.fpl - - - - I $NvtfWZSH.T> 1' N E AmMa WI3 fwTM u[koc'13 C OAOE COUNTY .av+e y O 0 11,©I_yMpl O 0 Z NOT INCLUDED LL !7 `L. TRACT w 0 i EV DONN ACMES J SCALE 1'. 200' ¢/a�. FBMPO 20.D.C.M. 6 eln Y{ v o atoag4W @ / I� N 0 Ci r P .:." 3 / P-nW OI o if u..eyy a E G' ITA Ii l-an I U 6. ,,..w ." MXM) t0 _ 3 I M M .d w / 'o •Y yem'21.lllv.n' J r.e"^.e+ / 1'tias/Pl GxVyo 4.oa O TO an u"DI".m w 1mi ro as n[x N N ITC try d4tio. CO .53 c"' , ait Bees rP SKETCH OF DESCRIPTION-EXHIBIT 'G' d MCI I% Pm '" .,.. -IWtw f.qa Meows t- - 200' a-2Bu c O , ,�,,,,,,�„ GULFSTREAM PARK II 15 w ''ti � �n �� BROWARD COUNTY PORTION LESS VILLAGE AT OUI.FBTREAM 105-02-06MIIIIW..e .M as9 m c Miami-Dade Official Records- Print Document Page 7 of 15 EXHIBIT"D" HALLANDALE BEACH DRI LAND paaeme421 12 Book25136/Page3944 CFN#20061267307 Page 37 of 45 https://www2.miami-dadeclerk.com/officialrecords/PrintDocument.aspx?QS=YaoUfOzmy... 6/11/2017 Miami-Dade Official Records - Print Document Page 8 of 15 LAND DESCRIPTION VILLAGE AT OULFSTRBAM PARK A portion of Lots 1,3 and 4,Block 7,lots 1 through 4,Block 10,and Loa 1 through 3,Block 15 all in MAP OF THE TOWN OF HALLANDALE,according to the plat thereof as recorded in Plat Book B, Page 13 of the Public Records of Dade County, Florida, also being portions of HALLANDALE PARK NO. 12.PART 2,according to the plat thereof as receded in PW Book 10,Page 17.portions of HOLLYDALE PARK,according to the plat thereof as recorded in PW Book 11,Page 2 and portions of HALLANDALE PARK NO. 12,according to the plat thaeof as recorded in Plat Book 12, Page 35, the three (3)previous plata being recorded in the Public Records of toward County,Florida and being porticulsrly described as follows: COMMENCING at the Southeast caner of Section 27, Township 51 South, Range 42 East, toward County,Florida; THENCE South 88°01'22"West on the South line of said Section 27,a distance of 2,093.59 feet to the POINT OF BEGINNING; THENCE continue South 88°0122'Weston said South line of Section 27,a distance of 570.55 feet to the intersection with the East right-of-way line of South Federal Highway(U.S. 1) as shaven on State of Florida Department of Transportation Right-of-Way Maps for State Road 5, Section 86010-2519,said point located on the art of a non-tangent curve concave to the West, whose radius point bean North 79°45'42"West; THENCE on said But right-of-way line of South Federal Highway (U.S. I) the following sixteen cowses and distances; I. Northerly on the arc of said curve having a radius of 3,909.83 feet, through a central angle of05'16'33",and an am distance of 360.01 fed to a point of non-tangency, 2. South 85°02'14"East,a distance of 0.85 feet 3. North 07°5126"East,a distance of 99.85 feet to a point on the arc of a non-tangent curve concave to the West,whose radius point bean North 861'49'1I"West; 4. Northerly on the arc of said curve having a radius of 3,743.00 feet, through a central angle of 05°00'35",and an arc distance of 327.27 feet to a point of tangency; 5. North 01°4914V1 West,a distance of 32.91 feet; nwRd Br CALVIN.aaawwo AND ASSOCLVI101 INC. 111011151a Drive,Wine, FOR iMa64 Mena 33316 MN 6.2005 Mimi Myst 3.203 sass k p..Se 142003 RnSs16Mr 23,Leh Comma Mo an Shoat P:VryvSX0342342226 1301binanASURvEY2.0p11301eiroomW01280.4 QdIM .nlo Sheet 1 of 8 Sheets Book25136/Page3945 CFN#20061267307 Page 38 of 45 https://www2.miami-dadeclerk.com/offtcialrecords/PrintDocument.aspx?QS=YaoUfOzxry... 6/11/2017 Miami-Dade Official Records - Print Document Page 9 of 15 6. South 88°1014"West,a distance of 4.50 fed to a point on the arc of a non-tangent curve concave to the West,whose radius point bears South 88°14'02"Wed; 7. Northerly on the arc of said curve having a radius of 3,909.83 feet, through a central tingle of 00°03'48",an arc distance of 4.32 feet to a point of tangency; 8. North 01°49046`West,•distance of 1,521.75 feet; 9. Nath 02°03t7"East,a distance of 67.65 fed; 10.North 01°4746"West,a distance of 200.25 feet; 11.North 43°0748"East,a distance of 38.89 feet; 12.North 01°3233"West,a distance of 106.00 feet 13.South esco 27"West,a distance of 10.97 feet; 14.North 66°56'55"West,a distance of 23.16 feet; 15.North 01°5008"West,a distance of 555.82 fat; 16.North 33°52'37"East,a distance of 40.03 feet to the intersection with the South right-of- way line of Hibiscus Street as shown on THE PROMENADE AT HAL ANDALE, according to the plat thereof as recorded in Plat Book 112,Page 4 of the Public Records ofBanward County,Florida; THENCE North 88°1339"East on said South right-of-way line and its Easterly projection,a distance of 594.33 feet THENCE South 01°4621"East,a distance of 10.00 feet; THENCE North 88°13'39`East,a distance of 110.41 feet; THENCE South 01°06'17"East,a distance of 29.83 feet; THENCE South 01050'08"East,•distance of414.60 feet; THENCE North 88°0752"East,a distance of 277.46 feet; THENCE South 0193'41"East,a distance of 1,205.42 fed to•point on the arc ofa non-tangent prepared ay Suva,ooawao.nD ASSOCIATE%ac. MOO Eke Min,ads 600 Pat r.°e.eb.Sans 33316 my s.2C05 MLN Aaiun __3.]005 Rain.Swathe 34 31:05 Rabid Mrs 313.6 Gina.AM On Staid eiayxm30041043324nuw.wavavatW LrC.000"MIR Yaiummmdte Sheet 2 of 8 Sheets Book25136/Page3946 CFN#20061267307 Page 39 of45 https://www2.miami-dadeclerk.com/officialrecords/PrintDocument.aspx?QS=YaoUfOzxry... 6/11/2017 Miami-Dade Official Records -Print Document Page 10 of 15 curve concave to the Southeast,whose radius point beam South 08'2572"East; THENCE Southwesterly on the am of said curve having a radius of 59.13 feet,through a central angle of 8l°4['52",an are distance 0E84.31 feet to a point of tangency THENCE South 00°0774"East,a distance of 34.90 feet; THENCE South 88°0912"West,a distance of 170.01 feet; THENCE South 01°50'08"Bast,a distance of 226.96 feet to a point on the am of a tan-mog.t curve concave to the East,whose radius point bears South 1r3576"East; THENCE Southerly on the am of said curve having a radius of 116.08 Poet,through a antral angle of 158°29104",and an arc distance of 321.09 feet to a point oftangency, THENCE South 01°50'08"East,a distance of 315.49 feet; THENCE South 8800922"West,a distance of 103.71 feet; THENCE South 43°09'52"West,a distance of 276.44 feet THENCE South 01°50'08"East,a distance of 618.62 feet to the POINT OF BEGINNING; Said lands lying in the City of Hallandale Beach, Broward County, Florida and containing 2,646.985 square feet(60.7664 acres),more or less. NOTES: I. Not valid without the signature and original embossed seal of a Florida licensed Professional Surveyor and Mapper. 2. Lands described hereon were not abstracted,by the surveyor, for ownership,easements, rights-of-way or other instalments that may appear in the Public Records of Bmward Comty. 3. Bearings shown hereon are relative to the South line of the SE Y4 of Section 27-5142 having a bearing of South 88°01'22"West. 4. The description contained herein and the attached sketch, do not represent a field Boundary Survey. Mone By CALVIN..WOHMW AND ASSOCIATES.INC MOO ns Thin, as KO Fon L a.4 Plaids 33316 hay 6.2005 naiad Main 3.MRS a".IW aq.miw 26.NWS a.N.r pN 22.2006 CaneN M on SSW. PAPlajecti1200.41.2124 a atroarNaVE'In.Pi u,4pt/MWM•.a.O.ia°rnda Sheet 3 of 8 Sheds Book25136/Page3947 CFN#20061267307 Page 40 of 45 https://www2.miami-dadeclerk.com/officialrecords/PrintDocument.aspx?QS=YaoUtOzxry... 6/11/2017 Miami-Dade Official Records - Print Document Page II of 15 SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY:that this'SKETCH AND LEGAL DESCRIPTION'of the property Mown hereon is tram and canal to the best of my knowledge sed belief se recently drawn ander my mpavidan. This sketch and legal deatipldon complies with the Idmimum Technical Standards set Beth by „,, • '• . State Bend ofPmresdonal Surveyors and Mappers in Chapter 61017 . Floridan . .Code pursuant to 472.027 Florida SWIM . I , r• ,4II� e TES,INC. r/ .2_.... f, • Dom: s-12-06 r-s:0+f. :” .1. : .Eeerianal M. - . and Mapper Registration Number LS 4479 elves a ruva.GORDANO Wo woaA+e&DC. eW m.LFI.L.al Fm lArraFlorida mis »a FO1 brine Awwl.00 a..rtarab.u.mu Pawing')May.Z22,YOB envied MW es B r:Nyenmoruxw oYw.�awvarrwi D.c+w.eglvnw w mrw.w: SMC 4 of sloes Book25136/Page3948 CFN#20061267307 Page 41 of 45 https://www2.miami-dadeclerk.com/officialrecords/PrintDocumentaspx7QS=YaoUfOzxry... 6/11/2017 Miami-Dade Official Records - Print Document Page 12 of 15 SKETCH TO ACCOMPANY LEGAL DESCRIP110N VILLAGE AT GULFSTREAM PARK EXHIBIT air R1` _ �1trES� IIIMPENIMO.pa mizeranti Rill. I low— SITE IMIEMIF I Pal cam LOCATION MAP Dam NOT TO SOLE INDEX ears 1-4-vxAL m3unw•rC MOWS fel .•WAM=MD KEY VMS fimn H-xnols ,e,'� I ti -If L 94"6 KEY MAP XEV90X iNOT70 SCALE I co-03-200e MAX IoMSC1I 2 O0.26-1003 MIND SOMMV 3 OS-00-2004 Ctl lCRD MA!MEETS 7!• jt} OY �Yf�tit` C PAM RAM r r N. m sOYOFNAA{LWith MONO CONY.ROMA XT.Sos-2824 5 � art Or MOtf MNA-OM1 COM.ROMA 07/03/2003 assEEFis UIr . e Book25136/Page3949 CFN#20061267307 Page 42 of 45 https://www2.miami-dadeclerk.com/officialrecords/PrintDocument.aspx?QS=YaoUfOzxry... 6/11/2017 Miami-Dade Official Records- Print Document Page 13 of 15 • SKETCH TO ACCOMPANY LEGAL DESCRIPTION VILLAGE AT GULFSTREAM PARK EXHIBIT GRAPHIC SCALE/09/4144H7' 10 B Inl Inch - 200 ft { I on No.PG aa.acre Pi 1 eiF , LEGEND: Rol rums comb Ran 4CCpp yB9..��� I r �- i'.' .. OOP lOsal-Oada Cagily Omani FB/Pa mil Oseli and Pap B E i PR noir r......Lir la Ili e: :u' ..aBs 11 4 WO MIS 1144.41,O. ro RN was P.O.B. Pelt r B.PuM Br. IIIILE RsaaPelt lryMwwow1 tl 54 nBB-w-b TIP Inman .Bc .al. ... a,� . .. ✓"t. BCOSa l f1n Sea R7%POB4•a \ DT —ng MON 44 W! REVSION J 1 W-22 2004 Y.NF LOIMLB1106 w wea.w. MO!COMIC= MC.Siam 1&B Biyyli� MIC= MEAS WFSIIEAY PAW Pa A49M7RL NC. up_iw� OM1 W HaMINE tAOt MIe— a,ROM w.•-zao.Y' �RMM1 le B ur.�A~�7 OT0n OF MOflIIA M FWEF MUIGT.ROM M/PJ/]YOB SEF LEF! VB Book25136/Page3950 CFN#20061267307 Page 43 of 45 https://www2.miami-dadeclerk.com/officialrecords/PrintDocument.aspx?QS=YaoUfOntry... 6/11/2017 Miami-Dade Official Records - Print Document Page 14 of 15 SKETCH TO ACCOMPANY LEGAL DESCRIPTION VILLAGE AT GULFSTREAM PARK _ — mss_ _ _EXHIBIT r 11is GRAPHIC SCALE , — -, , ,--k,i �£0 1`Jr - -. 1 - sii iz 1 inch - ft.0 ermL AMA O . i ; LEND Si Cady bora o Med i e M e or r O i ea dew-a►Colony Recede ,!/TO IW w we Ra / M1 MId N Pala I AM O Yw Ynpm ORB seen Mon ew $ V m xtYM� RI mAsa CA Nl I .. PopPALL Pat a Reekang L Nel' MAC Pad M famraw•d Ewa eEy� RAW rrl-o-ww R1 Mr San air R REYSIa4 j. I ae-armor MADE mertcnoxs f 2 a-2ENWe Rana erErwr os-m-sees LaIREC m Mu MEETS 1 a e a — — — —s7€ibBFs a a 9 bbl IMilEE.1a p1iSPEA14 PORE RAMC h40fL,T01.INCI � r-xm.o• a-m¢a 7 F' Iart au peons moo ana wu.oxE ria maw _ _ an 6 MIRA 1111-000E corn,aaM 01/05/2005 SEE LUT s 5 Book25136/Page3951 CFN#20061267307 Page 44 of 45 https://www2.miami-dadeclerk.cola/officialrecords/PrintDocument.aspx?QS=YaoU fOzxry... 6/11/2017 Miami-Dade Official Records-Print Document Page 15 of 15 OR BK 25136 PG 3952 LAST PAGE SKETCH TO ACCOMPANY LEGAL DESCRIPTION VILLAGE AT GULFSTREAM PARK EXHIBIT GRAPHIC SCALE om ax po 0 Rn.AtCAAE BEACH Br nvor M ( Di PBSr ) w PION s ROMA®IaTRa. . TwARgaaw 1 lace - 2002L .xrar-...w'v rnrz.w . 1.". .... . . _ . . _ LEGEND: __ - - �i. N OR w.asa easy avab rL ;i 11-A �'AS ( 1'p DO Sar 044. @ FII/PC rww°+rwo�a , . �p �Q FPL Flails Pon" It " LB LINass4 Swim= OW pop Rave.Beek Plot P Dodo i PR Paas Mt PORI of waaaa a Mt MO of mwn.a.nw ' R was RM w et-b °a" awns r--1 San. pine NESoft-r. =Pot TIE PWIOIABBea AT HALAMNF �^ Tap Teener PO+a PC 4. ' I iYk'IBL DAL-�_l. N . _ __ __ .. -_. _ . „>a str'E to f cld c x - • 3 3B� r rE _ s 4 '1 a.a 'aaamT.- -. manna mots • - 1c. I4a01424 L - $E . n sass Y o2-xp)s OAK cgaEtmH g. —E5 E s�fEETTcr£ 3 0a-n-mw cpa!CTEo AREA SHUTS 7 a a AS90f A PPM . P' a11NBIIfSIRFA DOW fl WG 2g0A' n.O j a lssin axmxwABAEmo .Anmo�.RamA �'- � 8 24 am Fix M�iar.w r CM 6 AIOIIBRA WM-Ma Willy xtl®A 07/05/2005 ]IEE UST es, a Book25136/Page3952 CFN#20061267307 Page 45 of 45 https://www2.miami-dadeclerk.com/officialrecords/PrintDocument.aspx?QS=YaoUfOzxry... 6/11/2017 Subject Site RRO AAR_COUNTY //�II • _ nMW WfVTL�JTS'i'7= —.- - •DADECOUNTY '• I Ore run nem way MT Gulfstream YA HT LUB DR. • Pork "MARINA 1. • • Arrvmuu /� HARBOR COVE • Hocpital .1 __� .—/ WAY I CIRCLE • ,• &Cenerut m a LMA'1 WAY • _ • In 6� OPP �/ • • :• I. h Waterways •• �, co WATERWAYS SboWPes 207 ST. • w w 6 cc < rillillCOUNTRY CLUB DR. • • The >I 208 ` • Promenade o.IVES DAIRY RD. • • 203 ST . m O�CGi • lle 201 TER. N ','" Turnberry Isle . m ,• VO m Resort • eeZ AVENTUflA Bt- . t • W y V' • 8 ry , c • Rescue Avenhira • ,,y Staton Library 3 • Y -k'a • Aventura Mall c • Ii• City of Aventura • b O Y IUB JQ • I. 192 ST Government Center IAM • LtHMA r 41 �■ WILL • 192 ST. • • w • 190 BT MYSTIC • F. •• tochmanns J • Fashion w -I • aIsland < __ • :• 18857 • i• N • MIAMI :• 187 ST / 33180 •• . '• _ _ _ • GARDENS DR. %1 6 • 1 • O(ndling ng v Bay • Mantle • Williams • Ocean ., Biscayne Maui` m 7'5. Sound et arbour leo St Mau m N • lake : It ain O SP : 21 i • . m PN TOP ., 'a rte LEGEND N h Mauls • Lake t , _ Roadways u. .r City Boundary • —._.— ZIP Code Boundary F •' Railroad tJ II Exhibit 4 01-MRC-17 Return to: Ellisa L. Horvath,MMC,City Clerk City of Aventura 19200 West Country Club Drive Aventura,Florida 33180 This Instrument Prepared By: City of Aventura 19200 West Country Club Drive Aventura, FL 33180 Property Identification Nos: 28-1234-019-0011 28-1234-019-0021 (Space above this line reserved for recording office use) FIRST MODIFICATION TO DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE This Modification to the Declaration of Restrictive Covenants in Lieu of Unity of Title is ("Modification") is executed this day of , 2017 by GULFSTREAM PARK RACING ASSOCATION INC., a Florida corporation, ("Owner"), and by the CITY OF AVENTURA, a Florida municipal corporation("City"). WHEREAS, Owner is the sole fee owner of that certain real property located in the City of Aventura, Florida legally described on Exhibit "A" attached hereto and made a part hereof and City is the sole fee owner of that certain real property located in the City of Aventura, Florida,legally described on Exhibit"B" attached hereto; and WHEREAS, Owner and City entered into a Declaration of Restrictive Covenants in Lieu of Unity of Title ("Declaration"), which Declaration was recorded in Official Records Book 26405 at Page 4506 of the Public Records of Miami Dade County, Florida, on May 30, 2008, and which Declaration provides interalia for the development parameters for the Owner's residential and commercial parcels and for the Owner's park parcel; and -� WHEREAS, Owner desires to modify certain terms of the Declaration pursuant to that certain purchase and sale transaction between Owner and City, wherein City agrees to purchase and Owner agrees to sell, with certain conditions, a 2.0 acre parcel of land from Owner; such 2 acre parcel being legally described in Exhibit"E" attached hereto; and WHEREAS, the pursuant to Resolution No. 2017- , the City Commission of the City of Aventura has found that accepting the modifications requested by Owner is in the best interest of the residents of the City, and desires to accept the modifications contained herein; and Exhibit 5 01-MRC-17 NOW THEREFORE in consideration of the mutual covenants and agreements expressed herein,the Owner and the City agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Exhibits Replaced. Exhibits "A"(Owner's Parcel) and Exhibit "C" (Commercial Parcel) and Exhibit "D" (Residential Parcel) to the Declaration are deleted and the attached Exhibit "A" describing the 32.2± acre overall Owner's parcel, the attached Exhibit "C" describing the 17.5± acre Owner's commercial parcel and the attached Exhibit "D" describing the Owner's 12.7 ±acre Residential Parcel are substituted therefor. 3. Exhibit Inserted. Exhibit "E" describing the 2.0± acre parcel subject of the Agreement of Purchase and Sale dated April 3, 2017 between the Owner and the City, is inserted. 4. Amendments to Section 2. Section 2, Definitions, of the Declaration is amended by inserting the words in underlined text, as follows: 2. Definitions. f "2.0 Acre Parcel" the real property, consisting of that portion of the Owner's Residential Parcel to be purchased by the City pursuant to an Agreement of Purchase and Sale dated April 3, 2017 between the parties and more specifically described on Exhibit"E"to this Modification. 5. Amendments to Section 4. Section 4 of the Declaration is amended by deleting the words in strike-through text and inserting those words underlined as follows: 4. Site Plan. The Property will be developed in substantial accordance with the following: a. Residential Parcel. The Residential Parcel shall be developed in accordance ("Rc3idential Site Plan"), as said Residential Site Plan may be modified in --• m,ee-with the applicable Codes and Ordinances. d. 2.0 Acre Parcel. The 2.0 acre parcel subject of the Agreement of Purchase and Sale between the Owner and the City, dated April 3, 2017, shall be developed in accordance with the applicable Codes and Ordinances. 6. Amendments to Section 9. Section 9 of the Declaration is amended by deleting the words in strike-through text and inserting those words underlined as follows: 9. Access to the Property. Permanent and safe access for pedestrian and vehicular traffic to the Property shall be provided as follows: b. Commercial Parcel. Owner shall make provision for permanent and safe access for pedestrian and vehicular traffic within the Commercial Parcel, in accordance with approvals to be obtained from all agencies having jurisdiction over the Property, and particularly for right of access for fire, police, health, sanitation, and other public service personnel vehicles. The streets or access ways shall be installed and maintained by the Owner, including, but not limited to, sidewalks, drainage facilities, water, sewers and fire hydrants. Netwithstanding Book 25136, Pages 3908 through 3952, of the Public Records of Miami Dade : . - - : ':: :.: :- :•- : -- -- - - -- -. Notwithstanding the foregoing, vehicular access (other than as may be required by government for emergency vehicles) to and from Owner's Hallandale Beach DRI Lands adjacent to the north and to the Commercial Parcel 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 Residential Parcel described in Exhibit "D" to this Modification shall be prohibited, provided, however, that until such access is permanently prohibited as set forth above, vehicular access to the Commercial Parcel from N.E. 213th Street shall be permitted on an interim basis subject to the following restrictions: 0) 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 Owner's Hallandale Beach DRI Land, adjacent to the north, be permitted for any purpose (other than as may be required by the government for emergency access). 7. Declaration Status. Except as expressly amended or modified by the terms of this Modification, all terms of the Declaration shall remain in full force and effect except as herein modified. In the event of a conflict between the terms of this Modification and the Declaration, the terms of this Modification shall prevail and control. 8. Entire Declaration. The provisions of the Declaration and this Modification, including the recitals, comprise all of the terms, conditions, agreements, and representations of the parties with respect to the subject matter hereof. 9. Counterparts. This Modification may be executed in one or more counterpart, each of which shall constitute an original, but all of which taken together shall constitute one and the same instrument. 10. Authority. Each party represents and warrants that the representative signing this Modification on its behalf has all right and authority to bind and commit that party to the terms and conditions modified herein. [SIGNATURE PAGE 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 legal sufficiency City Attorney WITNESSES: GULFSTREAM PARK RACING ASSOCIATION, INC., a Florida corporation Signature By: Name: Print Name Title: Signature Print Name STATE OF FLORIDA 55. 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" Legal Description of Owner's 32.2 Acre f Parcel EXHIBIT "C" Legal Description of Owner's 17.5 Acre+Commercial Parcel EXHIBIT "D" Legal Description of Owner's 12.7 Acre+ Residential Parcel EXHIBIT"E" Legal Description of 2.0 Acre Parcel To Be Purchased by the City 1 Return to: Ellisa L.Horvath,MMC,City Clerk City of Aventura 19200 West Country Club Drive Aventura,Florida 33180 This Instrument Prepared By: City of Aventura 19200 West Country Club Drive Aventura,FL 33180 Property Identification Nos: 28-1234-019-0011 28-1234-019-0021 (Space above this line reserved for recording office use) RELEASE OF DECLARATION OF COVENANT This Release of Declaration of Covenant ("Release") is executed this day of , 2017 by Gulfstream Park Racing Association Inc., a Florida corporation, ("Gulfstream"), and consented to by the City of Aventura, a Florida municipal corporation, ("City"). WHEREAS, Gulfstream entered into that certain Declaration of Covenant, recorded on November 11, 2006, in Official Records Book 25136, at Page 3908 in the Public Records of Miami Dade County, Florida, ("Covenant"),for the benefit of the City; and WHEREAS, the Covenant currently restricts vehicular access to NE 213 Street as provided in Section 2 of the Covenant; and WHEREAS, Gulfstream has now entered into a First Modification to Declaration of Restrictive Covenants in Lieu of Unity of Title, dated , 2017 ("Modification"); and WHEREAS, the Modification includes the same vehicular access restriction as described in the Covenant; and WHEREAS, Section 4. of the Covenant provides that the Covenant may be modified, amended or released by a recordable instrument executed by the then-current owners of the Gulfstream Aventura Property (as defined therein) with the consent of the City Manager of the City following approval by the City Commission through a resolution; and WHEREAS, Gulfstream is the current owner of the Gulfstream Aventura Property; and Exhibit 6 01-MRC-17 WHEREAS, to avoid redundant restrictive covenants, Gulfstream desires the consent of the City to release the Covenant; and WHEREAS, the pursuant to Resolution No. 2017- , the City Commission of the City of Aventura has found that consenting to this Release is in the best interest of the residents of the City, and desires to consent to this Release ; and NOW THEREFORE in consideration of the mutual covenants and agreements expressed herein, the Owner and the City agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Covenant Released. The Declaration of Covenant recorded on November 11, 2006 in Official Records Book 25136, at Page 3908 in the Public Records of Miami Dade County, Florida, is hereby released. SIGNED AND SEALED BY THE UNDERSIGNED, this day of . 2017, who is duly authorized to sign on behalf of the corporation. WITNESSES: GULFSTREAM PARK RACING ASSOCIATION,INC.,a Florida corporation Signature By: Print Name Name: Title: 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 CONSENT OF THE CITY OF AVENTURA: 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 legal sufficiency City Attorney 1/4r J APPLICANT REPRESENTATIVE AFFIDAVIT 10 Pursuant Ie Section 31-71(b(2)0Iof the City of Aventura Land Development Code.this Applicant Representative Affidavit is hereby made ann submitted The undersigned aulhonzed representative of the individual or entity applying for the Development Permit whioh is idenliGed in the accompanying application,and the owner of the properly subject to the appbcation(if different)hereby lists and identifies Al persons representing the individual or entity applying for the Developurint Permit m connection with the application,as follows Name Relationship he Attorneys,Architects.Ianacape Architects,Engineers. LohbihMs FM) Edwita S, Skosize - AAA-0Y1est.1 R -J C. CY va) jY . Paeoh Addifiona Sheets If Nereseary) NMI(I: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHAI L 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 SUPPLEMFNT THIS AFFIDAVIT PURSUANT TO SFC 31.11(BI(2111V)OF THE CITY'S LAND DCVEI.OPMFNT REGULATIONS IN THE CITY CODE IN THE EVENI THAT PRIOR 10 CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION. THE INFORMAUON PROVIDED IN THE AFFIDAVIT BF COMFS INCORRECT OR INCOMPLETE 4 rTT Td.F',, Ir ((Alas n ?A Nay. AI r;:3! PRA`(NtaLVF_ it APP iL:ANt t ANNE R Sy —_ --_ _ By _. o 1,1nr<rl r 4greNre va,,: Nam 13W1 T ae ASSOC j;-FJC Address 40L So Pete T U. ltd icLk eoc_L LFL 33oc 9 f ,, ngi,0 odd Or y ,rets Ala v appeared the that z ere al ar c II-r. T igir e ap t Ie edy at I Ie 1 t A e apple dtic wtv hemg first Lv t o 1,. avvt t ath a[01 irt,St1 r .+ffdavr or the puposrs slated thee' dad a ue. J sossest ar ...AN 5::, +Br Pr.'RF Ei. lO lay fid 11"� ,Dl] /4 4 ztzt" ASHLEY ANDUJAR V lay t _r arae /��4 Comm scion p FF 903580 o nten 4 i e ch Nola s '•rL .) ANDD n $4z,,,,lt:; My Commission Expi res y `,S111' ett„v 011111211-019 `2 w��f July 26. 2019 V J BUSINESS RELATIONSHIP AFFIDAVIT* bis Affidavit is made pursuant to Section 31-1i(h)(e ii(of the City of Avendlra Land Development Code Tile undersigr ed e.fiani nese y afficloses Jlal: rmarf with LY"applicable pollens only( S .want does nyt nave a Busiiresb Relatiorismp+h m.v 71P911,4'1 of he.Orly IT,SSIOr nl any .1L0 ILdvic.11/F oerd m whlcn the application will be presented I Y. Affiant hereby disclosers that d does have a Busmesas Re a io ish p with a member the Cry 1,07fiossin Crly ffilffibeffi Board to which the applldhion will be presented,as follows: fr st deme of m.ommknoner '✓ Advisory Board idembof who rr He Lev:.mmmtssion Cy Advisory Hoerd upon wh Ch enh.L.ILSPNC.L- r.ffifer af the Pli;ess Rel.:Dodsie is as`rlows Member of r iv rroMniabion dr Boerl dr'hs at rworsbip interes t execs; f ID ofJoiffi fbrred. npilm :L. d Applicant or Representative, Membernmmiss o oar i Is a p ismer m-shartho,der rde SLIRrtLe 'if a ra on whir ri are n seed o ,Iv Ia cndi o' referrnml Die enoff a ge r i,in of ronflfilo. ACD!..,1"1 Re a rnlafive i a ^]elmse venll ire 'ce ernreica d er Repre,se to i e er, a ;tient of a member or the ffitA ommiesffie n'Brel + lie'::,`anrthe' order n.'wiro from "iP oarnfo tire. oR ihe>31-11, offoffl.vPr ranker r -1mRso- JL.".-LLLI re.r•, cR "nnmse. I ..Minn ie r A e. - n w,-e -mn�cv �s r Ia S s1cfe s ess r r s. . _ ,ri�: I aver Boa r e, a 1r o'ke,rrse i. n, nsnr:e r hr.SA`per.fy 'tee hese ee t ftArffil,d Repeer'lAfrvr r vie r„ rJ. aalnr lotk:,. w1a� d7 Ge ^ 'V J WITNESS MY HANG THS ICit‘DAY OF MAI/ _ ,241 It REPRE ;sled t Business Relationsru Atidavip By � 4i - "ranan cl Ey i. y ldrwe Nape ElAuk A S. SkISSAYP^ml Name. Pnny TItIe M ^l¢ _p°nrvl Tte (runt By. 'Su)mmrrl By icigrr9Nro Natrr...C. •epmll Name Hie. ` 4a.16Q*Seapeetelit) Fllle _ ideeo +v _ SG03II4V� By f.�onAimE Name. Name.se rP;ieu Ping Tie J'ru1P By �. na,n- nv. 4mleru,. - n.. 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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 A MODIFICATION OF A DECLARATION OF RESTRICTIONS IN LIEU OF UNITY OF TITLE AND TO EXECUTE A RELEASE OF A DECLARATION OF RESTRICTIVE COVENANT IN THE FORMS ATTACHED TO THIS RESOLUTION, CONCERNING PROPERTY OWNED BY GULFSTREAM PARK RACING ASSOCIATION INC., LOCATED ON THE NORTH SIDE OF NE 213 STREET, CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the applicant, Gulfstream Park Racing Association Inc., by and through Application No. 01-MRC-17 has requested a modification of a Declaration of Restrictions in Lieu of Unity of Title recorded in 2008 and has further requested a modification or release of a Declaration of Restrictive Covenant recorded in 2006 affecting its property located on the north side of NE 213 Street, City of Aventura; and WHEREAS the City Commission heard, reviewed and duly considered the reports, findings and recommendations of the City Administration, and finds that the modification of the Declaration of Restrictions in Lieu of Unity of Title and that the release of the Declaration of Restrictive Covenant is in the best interests of the citizens of the City of Aventura. 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 a modification of the Declaration of Restrictive Covenants in Lieu of Unity of Title recorded in Official Record Book 26405 at Page 4506 of the Public City of Aventura Resolution No. 2017- Records of Miami-Dade County, Florida, and to execute a Release of Declaration of Restrictive Covenant recorded in Official Records Book 25136 at Page 3908 of the Public Records of Miami-Dade, Florida, in substantially the forms 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 Modification and Release described in Section 1. above and to carry out the aims of this Resolution. The applicant shall record the modification and release at its cost and expense. 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 Commissioner Howard Weinberg Mayor Enid Weisman PASSED AND ADOPTED this 7th day of November, 2017. Page 2 of 3 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 3 of 3 RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPOINTING SUSAN L. GRANT TO SERVE AS THE NEXT CITY MANAGER FOR THE CITY OF AVENTURA; APPROVING AN EMPLOYMENT AGREEMENT BETWEEN SUSAN L. GRANT AND THE CITY OF AVENTURA ATTACHED AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHED EMPLOYMENT AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article III of the City Charter of the City of Aventura requires that there shall be a City Manager who shall be the Chief Administrative Officer of the City as appointed by the City Commission; and WHEREAS, following an extensive search the City Commission desires to appoint Susan L. Grant as the next City Manager of the City of Aventura as provided by Article Ill of the City Charter; and WHEREAS, the attached Employment Agreement (Exhibit "A") has been negotiated between Susan L. Grant and the City of Aventura; and WHEREAS, the City Commission desires to authorize the Mayor to execute the attached Employment Agreement outlining the terms and conditions agreed to by both parties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Susan L. Grant is hereby appointed to serve as the next City Manager for the City of Aventura, as of January 6, 2018. City of Aventura Resolution No.2017- Section 2. Prior to that time, Susan L. Grant shall commence her employment within the City administration on November 27, 2017, to allow for a transition period with current City Manager Eric Soroka. Section 3. The Mayor is hereby authorized to execute the attached Employment Agreement (Exhibit "A") as approved by the City Commission. 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 , 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 Commissioner Howard Weinberg Mayor Enid Weisman PASSED AND ADOPTED this 7th day of November, 2017. Page 2 of 3 City of Aventura Resolution No. 2017- ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 CITY OF AVENTURA EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into this 7th day of November, 2017, between the CITY OF AVENTURA, Florida, a Florida municipal corporation, hereinafter referred to as the "CITY" or " City" and SUSAN L. GRANT , hereinafter referred to as "CITY MANAGER" or "Susan L.Grant" , both of whom understand and agree, as follows: WITNESSETH: WHEREAS, Article III, Section 3.01. of the Charter of the CITY requires that there shall be a City Manager who shall be the Chief Administrative Officer of the CITY; and, WHEREAS, CITY desires to employ the services of Susan L. Grant as City Manager of the City of Aventura as provided by Article III of the City Charter, and in accordance with this Agreement; and WHEREAS, the parties have indicated their interest in entering into this Agreement for the purposes of establishing the basis, framework and context for the relationship which shall exist between the CITY and CITY MANAGER. NOW THEREFORE, in consideration of the promises, the mutual covenants, conditions, provisions and undertakings herein contained, and for other good and valuable consideration , the parties do mutually covenant and agree with each other as follows: SECTION 1. TERMS AND CONDITIONS -- CITY 1.0 The CITY and City Manager agree as follows: 1.1 The CITY shall employ Susan L. Grant as City Manager for a term hereinafter described consistent with the terms, conditions and covenants of the Charter of the City of Aventura. Susan L. Grant shall commence employment within the City administration effective upon November 27, 2017, and shall begin her service as City Manager on January 6, 2018, so that she has the opportunity to work with and for current and long- time City Manager Eric M. Soroka from November 27, 2017 until Mr. Soroka's retirement on January 5, 2018( the " Transition Period" ). 1.2 The City shall pay and compensate the CITY MANAGER for her services commencing on November 27, 2017, an initial base salary for the first year of 1 service under this Agreement in the amount of Two Hundred Twenty Thousand $220,000) Dollars , payable in accordance with the regularly scheduled method of compensation for other municipal employees of the CITY. 1.2.1 For each City fiscal year hereafter, commencing with October 1, 2018, CITY MANAGER shall receive the standard annual salary increase percentage amount which is granted to all other general employees of the City. 1.2.2 The City Commission shall review and evaluate the performance of CITY MANAGER annually at a time established by the City Commission . Said review and evaluation shall be in accordance with specific criteria developed jointly by the City Commission and CITY MANAGER. Further, the City Commission may provide CITY MANAGER with a summary written statement of the findings of the City Commission and provide an adequate opportunity for CITY MANAGER to discuss her evaluation with the City Commission. Based on the results of the annual evaluation, the City Commission may, in its sole discretion, grant a merit salary increase and/or other benefits upon an affirmative vote of the majority of the City Commission. 1.3 The City shall take whatever action is reasonably necessary, including executing the necessary agreements provided by the ICMA Retirement Corporation, to deposit into the International City Management Association Pension Fund (401 Plan for City Managers) on behalf of the CITY MANAGER an amount equal to 18% of CITY MANAGER'S base salary, in equal proportionate amounts each pay period, and to transfer ownership to succeeding employers upon CITY MANAGER'S resignation or termination. CITY MANAGER shall not be required to contribute to any retirement or deferred compensation fund. However, the CITY MANAGER may voluntarily contribute a portion of her compensation into a 457 Deferred Compensation plan at no expense to the City. 1.4 The City shall budget and pay for all reasonable and customary professional dues and subscriptions of the CITY MANAGER which are necessary for her continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for her continued professional participation, growth and advancement, and for the good of the CITY. (ie: I.C.M.A., FCCMA, GFOA, FICPA, AICPA). 1.5 The City shall provide to the CITY MANAGER a vehicle allowance in the amount of$600 each month, and a cell phone stipend in the amount of $70 each month. 1.6 Commencing upon January 1, 2018, the City shall provide and make the required premium payments for health and hospitalization, major medical, disability, and dental insurance, for CITY MANAGER and her eligible dependents through the CITY's group health, hospitalization, major medical, dental insurance and disability insurance program. Further, commencing upon January 1, 2018, 2 the City shall contribute $1,500 annually towards the cost of the CITY MANAGER'S existing Life Insurance Policy. 1.7 Effective upon the completion of a six (6) month performance review by the City Commission to be held on or before July 6, 2018, at which the City Commission finds that the CITY MANAGER'S performance is satisfactory, the City shall credit the CITY MANAGER with four (4) weeks of vacation leave. Further, effective upon July 6, 2019, if the CITY MANAGER'S performance continues to be satisfactory, the City shall credit the CITY MANAGER with two (2) additional weeks of vacation leave. Except for the total of up to six (6) weeks of specially credited additional vacation leave which is described above, CITY shall provide the CITY MANAGER with the same holidays, vacation, sick and other leave benefits and accruals as would be accorded any department head position of CITY. However, in the event that the CITY MANAGER is terminated from City employment pursuant to Section 4 below, the City's regular limit upon the carry over of unused vacation leave time from one year to the next year, shall not apply to any portion of the above described six (6) weeks of vacation time credited to the CITY MANAGER. 1.8 The City shall budget and to pay for the reasonable and customary travel and subsistence expenses of the CITY MANAGER for professional and official travel and meetings and seminars adequate to continue the professional development of CITY MANAGER and to adequately pursue her necessary official and other functions for CITY. Such professional meetings may include the International City Management Association, Florida City and County Management Association, National League of Cities, Florida League of Cities, and Miami- Dade County League of Cities. 1.9 The City shall defend, save harmless and indemnify CITY MANAGER against any tort, professional liability claim or demand or other legal action arising out of an alleged act or omission occurring in the performance of her duties as CITY MANAGER to the fullest extent authorized by applicable law. 1.10 The City shall pay the cost of any bonds required of the CITY MANAGER under any law, ordinance or the Charter of the City. 1.11 The City Commission may establish such other terms and conditions of employment, as the Commission may determine from time to time, relating to the performance of CITY MANAGER, provided that such terms and conditions are not in conflict with the provsions of this Agreement, the City Charter, or applicable law. 1.12 Except in those circumstances in which the City Commission declares or receives notification from the Governor of a condition of financial emergency for the City pursuant to Section 218.503, F.S., the City shall not at any time during the term of this Agreement reduce the salary, compensation or other financial 3 benefits of the CITY MANAGER. Further, the CITY MANAGER will receive all other benefits which the City provides to department directors in accordance with the City's policies as existing from time to time. 1.13 The City shall reimburse CITY MANAGER in the amount of Two Thousand Five Hundred ($2500) Dollars for moving and relocation expenses incurred by CITY MANAGER in relocating her residence from Coral Springs to the City of Aventura, in accordance with paid receipts and related documents to be provided to the City by the CITY MANAGER . SECTION 2. TERMS AND CONDITIONS—CITY MANAGER 2.0 The CITY MANAGER agrees as follows: 2.1 To commence employment with the City on November 27, 2017 for the Transition Period , and to serve as City Mananager of the City of Aventura, Florida, commencing on January 6, 2018, as described herein, and in accordance with the terms, conditions and provisions contained in the Charter and Code of the City of Aventura. 2.2 To fulfill the obligations and responsibilities provided for in the Charter and Code of the City of Aventura and to perform all functions and duties as the Chief Administrative Official of the CITY in a professional and respectable fashion and with full decorum historically required of the City Manager of CITY and as required for City Managers generally in Miami- Dade County, Florida, and the standards and Code of Ethics of the International City Management Association, and applicable local, county, state and federal ethics codes. 2.3 That the position of CITY MANAGER is an exempt position pursuant to the federal Fair Labor Standards Act. Accordingly, the CITY MANAGER shall do all things necessary and required to be available to the CITY, its commissioners, agents, servants and employees during the course of this Agreement consistent with good and respectable management requirements and as otherwise dictated and provided by this Agreement, the Charter and Code of Ordinances of the City of Aventura. The CITY MANAGER agrees to remain in the exclusive employ of City from November 27, 2017 through the term of this Agreeement, and not to be employed by any other employer, while in the employment of the City, unless otherwise expressly authorized in writing by the City Commission. 2.4 In the event CITY MANAGER determines to voluntarily resign her position with the CITY , the CITY MANAGER shall provide CITY with three (3) months written notice in advance, unless the parties otherwise agree in writing to a different period of time. 4 SECTION 3. TERM 3.0 This Agreement shall be effective from and after November 7, 2017 and shall be for an indefinite term in accordance with Section 4. of this Agreement. The actual employment date of the CITY MANAGER shall be in accordance with the Transition Period which is described in Section 1.1 above. SECTION 4. REMOVAL OF CITY MANAGER 4.0 The CITY MANAGER shall serve at the pleasure of the City Commission. In the event the CITY Commission wishes to terminate the employment of the CITY MANAGER it shall do so in accordance with Article III, Section 3.08. of the CITY Charter. 4.1 In the event CITY MANAGER is terminated by the CITY , the CITY agrees to pay CITY MANAGER severance pay in an amount equal to twenty (20) weeks of salary, plus any accrued sick leave, vacation leave and other accrued benefits. CITY hereby expressly warrants and represents that said severance payments shall be paid to CITY MANAGER in a lump sum upon her termination or within thirty (30) days thereafter. In the event CITY MANAGER is terminated for the conviction of an illegal act or for misconduct as referenced in Sec. 215.425(4)(a)(2), F.S., CITY shall have no obligation to pay the twenty (20) weeks of severance pay which is designated herein. SECTION 5. GENERAL PROVISIONS 5.0 It is understood and agreed that this document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and that the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. 5.1 It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and with equal dignity herewith. 5 5.2 The recitals stated in the preamble to this Agreement are incorporated herein by reference and shall constitute a part of this Agreement. 5.3 This Agreement shall be binding upon and inure to the benefit of the CITY and CITY MANAGER and the heirs at law and executors of the CITY MANAGER. 5.4 In the event that any provision of this Agreement is found by a court of competent jurisdiction to be illegal or in conflict with applicable law, the validity of the remaining provisions of this Agreement shall not be affected or impaired. IN WITNESS WHEREOF, the CITY OF AVENTURA has caused this Agreement to be signed and executed on its behalf by it's Mayor , as duly authorized by Resolution of the City Commission, and duly attested by its City Clerk, and the CITY MANAGER has signed and executed this Agreement on the day and year first above written. Attest: CITY OF AVENTURA: By: City Clerk Mayor, Enid Weisman Approved as to Legal Sufficiency for City's Reliance Only: City Attorney SUSAN/ . GRANT:' By: U .A.Lsi nggre Su : . Grant 6