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09-04-2018 Regular Commission Meeting Agenda
Interim City Manager City Commission Joanne Carr,AICD ]Enid Weisman,Mayor `"` ..�_; Gladys Mezralni,Vice Mayor �.!_; -��' Citi Clerk Denise Landman,Commissioner ]Elllisa L.Horvath,MMC Dr.Linda Marks,Commissioner i Marc Narotsky,Commissioner Citi Attorney Robert Shelley,Commissioner Weiss Scrota Helfman Howard Weinberg,Commissioner e�✓ Cole&Bierman CITY COMMISSION MEETING AGENDA September 4, 2018 6:30 p.m. Aventura Government Center 19200 West Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. SPECIAL PRESENTATIONS: • Proclamation • Employee Service Awards 5. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. If the public wishes to speak on a matter on the consent agenda they must inform the City Clerk prior to the start of the meeting. They will be recognized to speak prior to the approval of the consent agenda. A. APPROVAL OF MINUTES: • July 10, 2018 Commission Regular Meeting • July 19, 2018 Commission Meeting • July 19, 2018 Commission Regular 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 September 4, 2018 C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAMS WITH THE FLORIDA GREEN FINANCE AUTHORITY, THE FLORIDA RESILIENCY AND ENERGY DISTRICT, THE FLORIDA PACE FUNDING AGENCY, AND THE GREEN CORRIDOR PROPERTY ASSESSMENT CLEAN ENERGY (PACE) DISTRICT; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF HALLANDALE BEACH FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF SWEETWATER FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;AND PROVIDING FOR AN EFFECTIVE DATE. F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN OFF-SYSTEM CONSTRUCTION AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF AVENTURA AND FLORIDA DEPARTMENT OF TRANSPORTATION TO ALLOW FOR REALIGNMENT AND SAFETY ENHANCEMENTS OF MIAMI GARDENS DRIVE AT BISCAYNE BOULEVARD;AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ESTABLISHING A RANKING OF BANKS TO PROVIDE BANKING SERVICES; AUTHORIZING THE CITY MANAGER OR HER DESIGNEE(S) TO NEGOTIATE FOR SAID SERVICES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR IFB NO. 18-08-09- 2, CITY OF AVENTURA PARKS LANDSCAPE MAINTENANCE SERVICES TO LUKES' LANDSCAPING, INC. FOR THE INDIVIDUAL BID PRICE AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACT;AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 4 Aventura City Commission Meeting Agenda September 4,2018 I. CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE CITY OF AVENTURA CITY OF EXCELLENCE SCHOOL: MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE FINANCIAL REPORT FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR THE FISCAL YEAR ENDED JUNE 30, 2018 AND TO ACCEPT FOR FILING THAT LETTER DATED AUGUST 29,2018 ATTACHED HERETO AS ATTACHMENT 1. J. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ACCEPTING AND ADOPTING THE ELECTION RESULTS OF THE AUGUST 28, 2018 MUNICIPAL SPECIAL ELECTION HELD IN CONJUNCTION WITH THE COUNTY-WIDE PRIMARY ELECTION BEING HELD ON SAID DATE, AS CERTIFIED BY THE CANVASSING BOARD AND ATTACHED HERETO; AND PROVIDING FOR AN EFFECTIVE DATE. 6. ZONING HEARINGS—QUASI-JUDICIAL PUBLIC HEARINGS: Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items,please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony,including public testimony and evidence,will be made under oath or affirmation. Additionally,each person who gives testimony may be subject to cross- examination.If you refuse either to be cross-examined or to be sworn,your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses,but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. RESOLUTION/PUBLIC HEARING: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO ALLOW THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES AT A COCKTAIL LOUNGE WITHIN 800° WOODFIRED KITCHEN RESTAURANT LOCATED IN SUITE C-3, 2956 AVENTURA BOULEVARD,CITY OF AVENTURA;AND PROVIDING FOR AN EFFECTIVE DATE. • 7. ORDINANCES—FIRST READING/PUBLIC HEARINGS: None 8. ORDINANCES—SECOND READING/PUBLIC HEARINGS: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING POLICY 2.1 OF OBJECTIVE 2 OF THE LAND USE GOAL IN THE FUTURE LAND USE ELEMENT TO ADD LIMITED SERVICE HOTEL IN COMBINATION WITH MULTIFAMILY RESIDENTIAL USE TO THE LIST OF PERMITTED HOUSING STRUCTURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN;AND PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING CHAPTER 31,"LAND DEVELOPMENT REGULATIONS"OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-21, DEFINITIONS, AND BY AMENDING SECTION 31-143(F)(1) AND SECTION 31-143(F)(2A),MULTIFAMILY HIGH DENSITY RESIDENTIAL (RMF4) DISTRICT, TO DEFINE AND ADD LIMITED-SERVICE HOTEL USE IN COMBINATION WITH MULTIFAMILY RESIDENTIAL DEVELOPMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Page 3 of 4 Aventura City Commission Meeting Agenda September 4, 2018 C. CITY COMMISSION, IN ITS CAPACITY AS THE AVENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2018-07, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2018/2019 (JULY 1 — JUNE 30) BY REVISING THE 2018/2019 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. D. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2017-10 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2017/2018 FISCAL YEAR BY REVISING THE 2017/2018 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. 9. RESOLUTIONS/PUBLIC HEARINGS: None. 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None 13. ADJOURNMENT FUTURE MEETINGS* *Meeting dates and times are subject to change.Please check the City's website for the most current schedule. SECOND BUDGET PUBLIC HEARING—SEPTEMBER 12,2018 AT 6 PM COMMISSION CHAMBER REGULAR COMMISSION WORKSHOP—SEPTEMBER 20,2018 AT 9 AM EXECUTIVE CONFERENCE ROOM(5'H FLOOR) REGULAR COMMISSION MEETING—OCTOBER 2,2018 AT 6 PM COMMISSION CHAMBER REGULAR COMMISSION WORKSHOP—OCTOBER 18,2018 AT 9 AM EXECUTIVE CONFERENCE ROOM(5'H FLOOR) This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990,all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk,305-466-8901,not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance and may participate at the meeting. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club Drive,Aventura,Florida,33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901. Page 4 of 4 The City ll1"a CITY COMMISSION 1920WCiWeroTClub Centere REGULAR MEETING MINUTES Aventura ra Country Club Drive JULY 10, 2018 Aventura.Florida 33180 6:00 P.M. 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6:17 p.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Gladys Mezrahi, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner Howard Weinberg, Interim City Manager Joanne Carr, 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 previously done at the Local Planning Agency Meeting. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: None. 5. CONSENT AGENDA: There were no requests from the public to address the Commission. Commissioner Shelley requested that Item 5(I) be removed from the Consent Agenda. A motion to approve the remaining items on the Consent Agenda (A-H) was offered by Commissioner Weinberg, seconded by Commissioner Narotsky, and passed unanimously by roll call vote. The following action was taken: A. Minutes were approved as follows: • June 12, 2018 Commission Regular Meeting • June 21, 2018 Commission Regular Workshop Meeting B. Resolution No. 2018-55 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. C. Resolution No. 2018-56 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF FORT LAUDERDALE FOR LAW ENFORCEMENT ACTIVITIES; Aventura City Commission Regular Meeting Minutes July 10, 2018 AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. D. Resolution No. 2018-57 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 18- 05-22-2, CITY OF AVENTURA LANDSCAPE MAINTENANCE SERVICES FOR THE GOVERNMENT CENTER TO BRIGHTVIEW LANDSCAPE MAINTENANCE SERVICES, INC. FOR THE INDIVIDUAL BID PRICE AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACT; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. E. Resolution No. 2018-58 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 18- 05-22-3, CITY OF AVENTURA LANDSCAPE MAINTENANCE SERVICES FOR THE SCHOOL, COMMUNITY RECREATION CENTER, AND CULTURAL CENTER TO BRIGHTVIEW LANDSCAPE MAINTENANCE SERVICES, INC. FOR THE INDIVIDUAL BID PRICE AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACT; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. F. Resolution No. 2018-59 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 18- 06-13-2, MYSTIC POINT DRIVE ROAD RESURFACING IMPROVEMENTS TO WILLIAMS PAVING CO., INC. AT THE BID PRICE OF $84,013.73; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. G. Resolution No. 2018-60 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING ACCEPTANCE AND APPROVAL OF CITY MANAGER'S SEPARATION AGREEMENT; APPOINTING INTERIM CITY Page 2 of 6 Aventura City Commission Regular Meeting Minutes July 10, 2018 MANAGER; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. H. Resolution No. 2018-61 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO AMEND THE LIST OF AUTHORIZED USERS FOR ALL BANK OF AMERICA MERRILL LYNCH BANK ACCOUNTS AS SET FORTH ON CERTAIN BANK FORMS; AND PROVIDING FOR AN EFFECTIVE DATE. Commissioner Shelley recused himself from voting on Item I due to a conflict and left the meeting.' Item I: Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING ACCEPTANCE OF SATISFACTION OF THE CITY'S CLAIMS FOR ATTORNEYS FEES, AS AUTHORIZED BY SECTION 57.105, FLORIDA STATUTES, CONCERNING THE LITIGATION KNOWN AS WILLIAMS ISLAND PROPERTY OWNERS ASSOCIATION, INC., VS. CITY OF AVENTURA, ET AL, CIRCUIT COURT CASE NO. 13-15004, IN WHICH LITIGATION THE CITY HAS PREVIOUSLY PREVAILED; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the resolution was offered by Commissioner Dr. Marks and seconded by Vice Mayor Mezrahi. The motion for approval of the resolution passed unanimously, by roll call vote, and Resolution No. 2018-62 was adopted. Commissioner Shelley 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 CONSTRUCTION OF A ROOFTOP ADDITION TO AN EXISTING RESIDENTIAL PENTHOUSE UNIT IN THE RMF4, MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICT, WHERE THE PROPOSED ADDITION HAS A HEIGHT OF 26 STORIES OR 272.5 FEET AND WHERE A MAXIMUM HEIGHT OF 25 STORIES OR 250 FEET IS PERMITTED BY CODE, FOR PROPERTY WITH MUNICIPAL ADDRESS 20281 EAST COUNTRY CLUB DRIVE, PH4 AND P116, CITY OF AVENTURA,FLORIDA; PROVIDING AN EFFECTIVE DATE. ' The Memorandum of Voting Conflict(Form 813)for Commissioner Shelley is attached to the minutes as required. Page 3 of 6 Aventura City Commission Regular Meeting Minutes July 10, 2018 Mrs. Horvath administered the oath to all those wishing to offer testimony. Ms. Carr addressed the Commission and entered the staff report into the record, which recommended approval, subject to the conditions listed. It was additionally reported that the drawings would be revised to comply with height restrictions required in the condominium documents, as provided to the City just prior to the meeting, with said restrictions and condominium association approval to be included in the list of conditions. The two letters of objection received were reviewed by Ms. Carr regarding the project. A motion for approval of the resolution as amended was offered by Commissioner Weinberg and seconded by Commissioner Shelley. The following provided testimony on behalf of the Applicant (Herbert and Cynthia Zucker): Michael Marrero, Esq. (Bercow Radell Fernandez & Larkin, 200 S. Biscayne Blvd. Suite 850, Miami, FL) and agreed that a permit would not be issued without written consent from the condominium association. Mayor Weisman opened the public hearing. The following members of the public provided comments: Ernest Vacca (20505 E. Country Club Drive #1038, Aventura) and Steven Walsh (Fort Lauderdale) - Property Manager at Hamptons West. There being no additional speakers, the public hearing was closed. The motion for approval of the resolution as amended passed unanimously, by roll call vote, and Resolution No. 2018-63 was adopted. 7. ORDINANCES - FIRST READING — PUBLIC HEARINGS: Mr. Wolpin read the following ordinance by title and incorporated the staff report and comments provided at the July 10, 2018 Local Planning Agency Meeting into the record by reference: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING POLICY 2.1 OF OBJECTIVE 2 OF THE LAND USE GOAL IN THE FUTURE LAND USE ELEMENT TO ADD LIMITED SERVICE HOTEL IN COMBINATION WITH MULTIFAMILY RESIDENTIAL USE TO THE LIST OF PERMITTED HOUSING STRUCTURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the ordinance was offered by Commissioner Shelley and seconded by Vice Mayor Mezrahi. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. Page 4 of 6 Aventura City Commission Regular Meeting Minutes July 10, 2018 The motion for approval of the ordinance on first reading passed unanimously, by roll call vote. Mr. Wolpin read the following ordinance by title and incorporated the staff report and comments provided at the July 10, 2018 Local Planning Agency Meeting into the record by reference: B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-21, DEFINITIONS, AND BY AMENDING SECTION 31-143(F)(1) AND SECTION 31-143(F)(2A), MULTIFAMILY HIGH DENSITY RESIDENTIAL (RMF4) DISTRICT, TO DEFINE AND ADD LIMITED-SERVICE HOTEL USE IN COMBINATION WITH MULTIFAMILY RESIDENTIAL DEVELOPMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the ordinance was offered by Commissioner Dr. Marks and seconded by Commissioner Landman. The following provided testimony on behalf of the Applicant (Granite Aventura LLC): Neisen Kasdin, Esq. (Akerman LLP, 98 S.E. 7th Street#1100, Miami, FL). Ms. Carr provided information on the Code change. 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: None. 9. RESOLUTIONS/PUBLIC HEARINGS: None. 10. REPORTS: Commissioner Shelley recognized Ms. Carr and thanked her for agreeing to serve as the Interim City Manager. 11. PUBLIC COMMENTS: None. 12. OTHER BUSINESS: None. 13. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Shelley, seconded by Page5 of 6 Aventura City Commission Regular Meeting Minutes July 10, 2018 Commissioner Dr. Marks, and unanimously approved; thus adjourning the meeting at 6:52 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Commission on September 4, 2018. Page 6 of 6 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS • LAST NAME—FIRST NAME—MIDDLE NAME NAME Or BOARD.COUNCIL.COMMISSJ0N.AUn10RITY.OR COMMITTEE Shelley,Robert Aventura City Commission MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION.AUPCRUY r.COMMITTEE ON City Hall-19200 W.Country Club Drive WENCH I SERVE ISAUNG O': CITY COUNTY fb cm( O COUNTY O OTHER LOCAL AGENCY Aventura . Miami-Dade NAME OF POUIICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED City of Aventura,Florida July 10,2018 MY POSITION'S: ELECTIVE O APPOIMNE WHO MUST FILE FORM 8B This Form is for use by any person serving at the county city,or other local level of govemment on an appointed or elected board,council, commission.authority,or committee.It applies 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 and filing the form. • INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss.Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency)by whom he or she is retained (including the parent subsidiary,or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate.Commissioners of community redevelopment agencies(CRAs)under Sec. 183.356 or 163.357, F.S., and officers of Independent special tax disthcts 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-taw, 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 patten 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 minutes of the meeting,who should incorporate the form In the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating 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 page 2) CE FORM BR-EFF.1112013 PAGE 1 Adopted by reference m Rule 30.7.010(1)(f RAC. 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 • /` � D CLOSURE OF LOCAL OFFICER'S INTEREST n� Q 1. ROJ'ar* S� y ,herebydisdose that on �u7 / ) ,20/(7 : (a)A measure came or will come before my agency which(check one or more) 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 ye inured to the special gain or toss of Williams Island Properly Owners Assn.('YNPOAll'm an officer 8 board member by whom I am retained;or inured to the special gain or loss of which Is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: Item 5(I)amicably resolves City's dais for attorneys fees from 1MPOA 1 am an officer and board member of WIPOA. Accordingly, I left the commission room and did not participate on this item. If disclosure of specific Information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney,may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. July 10,2018 Date Filed • S'• :, . . 4- 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 BB-EFF.1112013 PAGE 2 Adopted by reference in Rule 34-7.010(1)0.FAC. AThe Cty of CITY COMMISSION MEETING MINUTES 1A920tura00 Country Clu Drter ive 19200w.Countrya give JULY 19, 2018 Aventura, Florida 33180 9:00 A.M. 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 9:00 a,m. The following were present: Mayor Enid Weisman, Vice Mayor Gladys Mezrahi, Commissioner Dr. Linda Marks, Commissioner Marc Narotsky, Commissioner Robert Shelley', Commissioner Howard Weinberg, Interim City Manager Joanne Carr, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. Commissioner Denise Landman was absent. As a quorum was determined to be present, the meeting commenced. 2. RESOLUTION/PUBLIC HEARING: Mr. Wolpin read the following Resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,ACCEPTING AND ADOPTING IN PRINCIPLE, SUBJECT TO ANNUAL REVISION AND AUTHORIZATION, THE CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT FOR FISCAL YEAR 2018/19 TO 2022/23 AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. A motion to approve the Resolution was offered by Vice Mayor Mezrahi and seconded by Commissioner Narotsky. City Consultant Eric M. Soroka, CMCS Consulting Services LLC, reviewed the revised Capital Improvement Program (CIP) for the fiscal period October 1, 2018 through September 30, 2023, highlighting the following: Overview of Recommended Projects, General Fund 5-Year Funding Plan, 2018/19 Capital Budget Highlights, and General Fund — Fund Balance Projection September 30, 2018. The following items were discussed in detail: keeping operating expenses within 3%-4% to minimize the impact of any reduction in anticipated revenue for future years and not utilizing General Fund reserves other than for supporting the proposed high school. The Commission agreed to revisit the concept of dividing the dog park at the November Workshop. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion to approve the Resolution unanimously passed, by roll call vote, and Resolution No. 2018-64 was adopted. 3. ORDINANCES FIRST READING/PUBLIC HEARINGS: Mr. Wolpin read the following Ordinance by title: Commissioner Shelley participated via telephone. Aventura City Commission Meeting Minutes July 19, 2018 A. CITY COMMISSION, IN ITS CAPACITY AS THE AVENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2018-07, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2018/2019 (JULY 1 — JUNE 30) BY REVISING THE 2018/2019 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to approve the Ordinance was offered by Vice Mayor Mezrahi and seconded by Commissioner Shelley. Mr. Soroka reviewed the amendments as outlined in the memorandum for the item. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion to approve the Ordinance on first reading unanimously passed, by roll call vote. Mr. Wolpin read the following Ordinance by title: B. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2017-10 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2017/2018 FISCAL YEAR BY REVISING THE 2017/2018 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. A motion to approve the Ordinance was offered by Commissioner Narotsky and seconded by Commissioner Dr. Marks. Mr. Soroka reviewed the amendments as outlined in the memorandum for the item. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion to approve the Ordinance on first reading unanimously passed, by roll call vote. 4. OVERVIEW AND REVIEW OF PROPOSED BUDGET: Mr. Soroka reviewed the highlights of the budget process for the upcoming year as outlined in the budget message. Page 2 of 6 Aventura City Commission Meeting Minutes July 19, 2018 Mr. Soroka reviewed the proposed 2018/2019 budget document, as follows: A. GENERAL FUND: Revenues, General Government Departments (including City Commission, Office of the City Manager, Legal, City Clerk's Office, Finance, and Information Technology), Public Safety Department, Community Development Department, Community Services Department, Public Works/Transportation Departments, Arts & Cultural Center Department, Non- Departmental, and Capital Outlay. The following items were discussed by the Commission in detail: providing a breakdown of the computer equipment, reviewing the concept of the Taste of Excellence Program in the future if sponsors are received, providing the Community Services Advisory Board with the task of finding sponsors for City events such as Taste of Excellence and the Bike Sharing program. A motion to approve the General Fund Budget was offered by Commissioner Weinberg, seconded by Vice Mayor Mezrahi, and unanimously passed. B. MOTION TO ADOPT RESOLUTION TO ESTABLISH TENTATIVE MILLAGE RATE: Mr. Wolpin read the following Resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING A PROPOSED MILLAGE RATE FOR THE 2018/2019 FISCAL YEAR; PROVIDING FOR THE DATE, TIME AND PLACE OF THE PUBLIC HEARING TO CONSIDER THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to approve the Resolution was offered by Commissioner Dr. Marks and seconded by Commissioner Narotsky. Mr. Soroka reviewed the Resolution, which established a millage rate for the 2018/2019 fiscal year of 1.7261 per $1,000 of taxable assessed value. Mr. Soroka reviewed the proposed dates for the Budget Hearings as follows: first budget hearing September 4, 2018 at 6:00 p.m. and second budget hearing September 12, 2018 at 6:00 p.m. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion to approve the Resolution unanimously passed, by roll call vote, and Resolution No. 2018-65 was adopted. Mr. Soroka continued his review of the proposed 2018/2019 budget document, as follows: (C) Police Education Fund, (D) Transportation and Street Maintenance Fund, Page 3 of 6 Aventura City Commission Meeting Minutes July 19, 2018 (E) 911 Fund, (F) Debt Service Fund, (G) Capital Projects Fund, (H) Stormwater Utility Fund, and (I) Police Off-Duty Services Fund. A motion to approve the budgets for the funds listed as C-I was offered by Commissioner Dr. Marks, seconded by Vice Mayor Mezrahi, and unanimously passed. 3. RESOLUTIONS: Mr. Wolpin read the following Resolution by title: A. CITY COMMISSION, IN ITS CAPACITY AS THE AVENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACTING IN THEIR CAPACITY AS THE BOARD OF DIRECTORS FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL, ADOPTING THE IMPLEMENTATION OF THE MIAMI-DADE COUNTY SCHOOL BOARD'S STUDENTS ATTIRED FOR EDUCATION (SAFE) POLICY; AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to approve the Resolution was offered by Commissioner Narotsky and seconded by Vice Mayor Mezrahi. Mr. Soroka reviewed the Resolution, which would allow the school to receive $10 per student (approximately $10,200). Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion to approve the Resolution unanimously passed, by roll call vote, and Resolution No. 2018-66 was adopted. Mr. Wolpin read the following Resolution by title: 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. A motion to approve the Resolution was offered by Commissioner Narotsky and seconded by Commissioner Dr. Marks. Ms. Carr reviewed the Resolution. Mayor Weisman opened the public hearing. Page 4 of 6 Aventura City Commission Meeting Minutes July 19, 2018 The following members of the public provided comments: David Lederman (770 Pine Island Drive, Miami). There being no additional speakers, the public hearing was closed. The motion to approve the Resolution unanimously passed, by roll call vote, and Resolution No. 201847 was adopted. Mr. Wolpin read the following Resolution by title: C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHED AMENDED AND RESTATED AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES BY AND BETWEEN CMCS CONSULTING SERVICES, LLC AND THE CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. A motion to approve the Resolution was offered by Vice Mayor Mezrahi and seconded by Commissioner Narotsky. Commissioner Shelley reviewed the Resolution, to include the expansion of services provided by Mr. Soroka. The following items were amended in Section III by consensus of the Commission: $5,000 monthly cost and time extension by mutual agreement. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion to approve the Resolution, as amended, unanimously passed, by roll call vote, and Resolution No. 2018-68 was adopted. Mr. Wolpin read the following Resolution by title: D. CITY COMMISSION, IN ITS CAPACITY AS THE AVENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACTING IN THEIR CAPACITY AS THE BOARD OF DIRECTORS FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL, ADOPTING A MENTAL HEALTH PLAN FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL (ACES); AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to approve the Resolution was offered by Commissioner Narotsky and seconded by Commissioner Shelley. Page 5 of 6 Aventura City Commission Meeting Minutes July 19, 2018 Mr. Soroka reviewed the Resolution adopting a Mental Health Plan for ACES, which must be submitted by August 1, 2018 in order for the school to be eligible for State funding. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion to approve the Resolution unanimously passed, by roll call vote, and Resolution No. 2018-69 was adopted. 4. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Vice Mayor Mezrahi, seconded by Commissioner Narotsky, and unanimously passed; thereby, adjourning the meeting at 11:01 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Commission on September 4, 2018. Page 6 of 6 The CITY COMMISSION A . ?J a WORKSHOPJULY MEETING192018 MINUTES Aventura Government Center , 19200 W.Country Club Drive e Following Commission Meeting at AventuraFlorida 33180 9:00 A.M. 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 11:13 a.m. The following were present: Mayor Enid Weisman, Vice Mayor Gladys Mezrahi, Commissioner Dr. Linda Marks, Commissioner Marc Narotsky, Commissioner Robert Shelley', Commissioner Howard Weinberg, Interim City Manager Joanne Carr, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. Commissioner Denise Landman was absent. As a quorum was determined to be present, the meeting commenced. 2. PROPOSED LAND DEVELOPMENT CODE AMENDMENT — ASSISTED LIVING FACILITY IN B2 DISTRICT (Interim City Manager): Ms. Carr provided a brief summary of the request. Commissioner Shelley disclosed that Bilzin Sumberg Baena Price & Axelrod, LLP had represented him on business items in the past. Brian Adler, Esq. (Bilzin, Sumberg, Baena, Price & Axelrod, LLP — 1450 Brickell Avenue, 23rd Floor, Miami) on behalf of Belmont Village, L.P. (the Applicant) reviewed a proposal for an amendment to Code Section 31-144(c), to allow assisted living facilities as conditional uses in the B2 Zoning District, without the spacing requirements generally applicable to commercial uses. Ms. Carr recommended that the requested change be allowed, since the assisted living facility would be in combination with a commercial use and also suggested that the setback be increased to 50 feet, when the building fronts on Biscayne Boulevard, in lieu of 25 feet. City Manager Summary: It was the consensus of the City Commission to proceed with preparing an amendment to the City's Land Development Regulations based on the recommendations presented by Ms. Carr. 3. DESIGNATION OF VOTING DELEGATE FOR THE FLORIDA LEAGUE OF CITIES CONFERENCE (Interim City Manager): Ms. Carr explained the request from the Florida League of Cities for the City to designate one official to be the voting delegate at the Florida League of Cities Conference in August 2018. City Manager Summary: It was the consensus of the Commission that Mayor Weisman be designated as the voting delegate at the Florida League of Cities Conference. Commissioner Shelley participated in the meeting via telephone and left the discussion during the Process for Selection of Permanent City Manager. Aventura City Commission Workshop Meeting Minutes—July 19,2018 4. REQUEST FOR LARGER CITY LAPEL PINS (Commissioner Weinberg): Commissioner Weinberg requested that the Commission consider purchasing the larger 1 %" sized pins, since the current ones were smaller '/." sized pins. Ms. Carr provided information on the costs to purchase the larger pins. City Manager Summary: There was no consensus to purchase larger City lapel pins. 5. PROPOSED AMENDMENT TO CITY CODE CHAPTER 4 — AMENDING THE ALCOHOL REGULATIONS REGARDING COCKTAIL LOUNGES IN RESTAURANTS (Commissioner Dr. Marks): Commissioner Dr. Marks requested that the Code language be clarified that allows alcoholic beverages to be served without food. Ms. Carr and Mr. Wolpin both reviewed Code Chapter 4 and clarified that the requirement was for food to be available, but not necessarily ordered/eaten. City Manager Summary: It was the consensus of the City Commission for language clarifying the City Code be included as part of the Land Development Regulations cleanup items in September. 6. PROCESS FOR SELECTION OF PERMANENT CITY MANAGER (Commissioner Dr. Marks): Commissioner Dr. Marks requested input on the process to select the next City Manager. Mr. Soroka reported that Can Baenziger & Associates had agreed to conduct a new search for $5,000, to cover the cost of expenses as outlined in their original contract (dated July 10, 2017). The Commission provided the following direction: use the same ad without a salary listed, send the ad individually to Commissioners for review and input, applicants not meeting the criteria should not be submitted or considered, schedule a workshop meeting on September 4th at 4:00 p.m. for an update by the search firm, place an item on the September 20th workshop for review of the applicants, and allow Mr. Soroka to contact individuals he deems suitable regarding the position. City Manager Summary: It was the consensus of the City Commission for Colin Baenziger & Associates to proceed with a new manager search with the direction provided. The following additional items were discussed: Mr. Soroka reported that the City received the response of six banks to the City's RFP for banking services. After suggestion by Mr. Soroka, it was the consensus of the Commission for Commissioner Dr. Marks, or Commissioner Shelly in her absence, to serve on the committee to review the responses received. Page 2 of 3 Aventura City Commission Workshop Meeting Minutes—July 19, 2018 7. ADJOURNMENT: There being no further business to come before the Commission, the meeting was adjourned by consensus at 12:50 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Commission on September 4, 2018. Page 3 of 3 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Joanne Carr, Interim City Manag DATE: August 22, 1018 SUBJECT: Resolution Declaring Equipment Surplus September 4, 2018 City Commission Meeting Agenda Item 5-15 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. JC/act Attachment RESOLUTION NO. 2018- 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 Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Gladys Mezrahi Mayor Enid Weisman City of Aventura Resolution No. 2018- PASSED AND ADOPTED this 4'h day of September, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 oft CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: Joanne Carr, Interim City Manager FROM: Kimberly Merchant, Director of Community Services r4M2# DATE: August 16, 2018 j 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: (1) Gybes Press Bench, Serial #1655 Aventura City Of Excellence School Memo To: Joann Cam Interim City Manager Date: August 22, 2018 From: Aventura City of Excellence School Administration Re: Surplus Property We are requesting approval to surplus the following: • 75 broken and or damaged Kenwood radios Some are from when the school first opened. i CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Joanne Carr, AICP Interim City Manag DATE: August 31, 2018 SUBJECT: Participation in the Property Assessed Clean Energy (PACE) Program September 4, 2018 City Commission Meeting Agenda Item 5-C. RECOMMENDATION It is recommended that the City Commission adopt the attached resolution approving Property Assessed Clean Energy (PACE) programs with the Florida Green Finance Authority, the Florida Resiliency and Energy District, the Florida Pace Funding Agency and the Green Corridor PACE District. BACKGROUND Section 163.08 of the Florida Statutes authorizes the establishment and administration of financing programs, commonly known as Property Assessed Clean Energy (PACE) programs. PACE allows property owners to receive upfront financing for a variety of energy-related improvements, then repay the debt through voluntary assessments on their tax bill. Funding is based on owner's equity in the property. Approved third party administrators provide the financing and the assessment can be amortized over a period of 5 to 20 years, depending on the type of improvement. PACE projects must be properly permitted and installed by licensed contractors and they must meet all applicable federal, state and local energy, wind and building code standards. Although the City has to authorize PACE programs to operate within our jurisdictional limits, the City does not administer or operate the programs in any way. All contractual PACE agreements are between the property owner and the PACE district as well as between the property owner and the contractor. There are currently four PACE districts that have been established pursuant to Section 163.08 of the Florida Statutes. These districts issue bonds to fund the improvements. Third party administrators, including Ygrene Energy Fund, RenewPACE, Renovate America and CounterPointeSRE, purchase the bonds and provide the capital. The City has no liability relating to the bonds. The attached resolution includes all of the four PACE districts, which will allow competition for funding between their administrators. The membership and indemnification agreements with each of the districts, in the form attached, are required to add the City to the service area of the PACE program. The City will have no liability and will incur no costs relating to PACE loans. Qualifying improvements for PACE funding are designed to make structures energy- efficient and to safeguard them from hurricanes. Qualifying improvements include: • Energy conservation and efficiency improvements such as air sealing, installation of insulation, energy-efficient heating, cooling or ventilation systems, increase in the use of daylight, window replacement; energy controls, electrical vehicle charging equipment and efficient lighting • Renewable energy improvements using hydrogen, solar energy, geothermal energy and wind energy • Wind resistance improvements such as strengthening a roof deck attachment, creating a secondary water barrier to prevent water intrusion, installing wind- resistant shingles, installing gable-end bracing, reinforcing roof to wall connections, installation storm shutters or installing opening protections. With respect to condominium units and the PACE program, eligibility will depend on the individual condominium's governing documents as to whether the area to be improved is a common element or the individual responsibility of the unit owner. For example, if an individual owner wishes to replace windows under this program, it will require a review of the condominium documents to determine whether the window is or is not a common area. Condominium associations may be eligible for improvements to common areas. Miami-Dade County, for its unincorporated areas, and twenty-seven of the County's municipalities have passed resolutions authorizing use of the PACE program. 2 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAMS WITH THE FLORIDA GREEN FINANCE AUTHORITY, THE FLORIDA RESILIENCY AND ENERGY DISTRICT, THE FLORIDA PACE FUNDING AGENCY, AND THE GREEN CORRIDOR PROPERTY ASSESSMENT CLEAN ENERGY (PACE) DISTRICT; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 163.08, Florida Statutes (the "Supplemental Act"), authorizes counties, municipalities and certain separate local government entities to establish and administer financing programs, commonly known as Property Assessed Clean Energy (PACE) Programs ("PACE Programs'), in order to provide the up-front financing for energy conservation and efficiency, renewable energy, and wind resistance improvements ("Qualifying Improvements"), and repay such funding through voluntary special assessments, sometimes referred to as non-ad valorem assessments ("Special Assessments"), levied upon the improved property pursuant to financing agreements between the property owner and the specific Agency (the "Financing Agreements"); and WHEREAS, the Florida Green Finance Authority, the Florida Resiliency and Energy District, the Florida PACE Funding Agency, and the Green Corridor Property Assessment Clean Energy (PACE) District, (collectively, the "Agencies") are four separate legal entities and units of local government within the State of Florida which were established by separate interlocal agreements for the express purpose of providing PACE Programs in scalable and uniform platforms to facilitate the financing of Qualifying Improvements throughout Florida; and WHEREAS, the Agencies would like to offer their PACE Programs within the City of Aventura; and WHEREAS, the City Commission of the City of Aventura finds that this Resolution conforms with applicable law, enhances the health, safety and welfare, and is in the best interest of the City of Aventura. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: City of Aventura Resolution No. 2018-_ Section 1. Recitals Adopted. The above-stated recitals are hereby confirmed and adopted. Section 2. Approval. The City of Aventura approves the Agencies to operate PACE Programs within the City of Aventura. Section 3. Authorization. The City Manager is hereby authorized to negotiate and enter into agreements with (a) the Florida Green Finance Authority, (b) the Florida Resiliency and Energy District, (c) the Florida PACE Funding Agency, and (d) the Green Corridor Property Assessment Clean Energy (PACE) District, in substantially the forms attached hereto as Exhibits "A-1," "B-1," "C-1," and "D-1," subject to approval by the City Attorney as to form, content, and legal sufficiency. The City Manager is further authorized to negotiate and enter into indemnification agreements with the administrators of the Agencies: (i) Renew Financial Group, LLC, a Florida Foreign Limited Liability Company; (ii) the Florida Development Finance Corporation, a Florida public body, corporate and politic, authorized by Chapter 288, Part X, Florida Statutes; (Ci) Counterpointe Energy Solutions, LLC, a Florida Foreign Limited Liability Company; and (iv)Ygrene Energy Fund Florida, LLC, a Florida Limited Liability Company, in substantially the forms attached hereto as Exhibits "A-2," "3-2," "C-2," and "D-2," respectively, subject to approval by the City Attorney as to form, content, and legal sufficiency. 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 Marc Narotsky _ Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Gladys Mezrahi Mayor Enid Weisman Page 2 of3 City of Aventura Resolution No.2018- PASSED AND ADOPTED this 4th day of September, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 EXHIBIT A-I Party Membership Agreement To The Florida Green Finance Authority WHEREAS, Section 163.01, F.S., the "Florida Interlocal Cooperation Act of 1969," authorizes local government units to enter into interlocal agreements for their mutual benefit; and WHEREAS, the Town of Lantana, Florida, a Florida municipal corporation ("Lantana") and the Town of Mangonia Park, Florida, a Florida municipal corporation, ("Mangonia Park") entered into an Interlocal Agreement, dated June 11, 2012, first amended on August 11, 2014 and second amended on April 7,2016 with document execution May 9, 2016, establishing the Florida Green Finance Authority ("Authority") as a means of implementing and financing a qualifying improvements program for energy and water conservation and efficiency, renewable energy and wind-resistance improvements, and to provide additional services consistent with law; and WHEREAS, the City of Aventura desires to become a member of the Authority in order to facilitate the financing of qualifying improvements for properties located within the City of Aventura. NOW, THEREFORE, it is agreed as follows: 1. The Interlocal Agreement between the Authority, the Town of Lantana and the Town of Mangonia Park, entered into on June 11, 2012 and as amended on August 11, 2014 and April 7, 2016 with document execution May 9, 2016 (the "Interlocal Agreement"), for the purpose of facilitating the financing of qualifying improvements for properties located within the Authority's jurisdiction via the levy and collection of voluntary non-ad valorem assessments on improved property, is hereby supplemented and amended on the date last signed below by this Party Membership Agreement, which is hereby fully incorporated into the Interlocal Agreement, to include the City of Aventura. 2. The Authority, together with its member Parties, and the City of Aventura, with the intent to be bound thereto, hereby agree that the City of Aventura shall become a Party to the Interlocal Agreement together with all of the rights and obligations of Parties to the Interlocal Agreement. 3. The Service Area of the Authority shall include the legal boundaries of the City of Aventura, as the same may be more specifically designated by the City of Aventura or amended from time to time. 4. The City of Aventura designates the following as the respective place for any notices to be given pursuant to the Interlocal Agreement Section 27: City of Aventura: Attn: City Manager City of Aventura 19200 West Country Club Dr. Aventura, FL 33180 EXHIBIT A-1 With a copy to: David M. Wolpin, City of Aventura Attorney Weiss Serota Hellman Cole& Bierman, P.L. 200 E. Broward Blvd., Suite 312 Fort Lauderdale, FL 33301 5. This Party Membership Agreement shall be recorded by the Authority with the Clerk of the Court in the Public Records of Palm Beach County as an amendment to the Interlocal Agreement and recorded in the public records of the Miami-Dade County, in accordance with Section 163.01(11), Florida Statutes. 6. Termination of this Agreement may occur with 30 days' written notice, and at the end of the 30-day period, this Agreement shall be automatically terminated and the Authority will not accept any new applications. Any projects related to applications received before the end of the 30-day period shall be permitted to be completed. IN WITNESS WHEREOF, the Parties hereto subscribe their names to this Interlocal Agreement by their duly authorized officers. ATTEST: The Florida Green Finance Authority, a separate legal entity established pursuant to Section 163.01(7), Florida Statutes By: By: Secretary of the Authority Chair of the Authority Approved by Authority Attorney as to form and legal sufficiency Authority Attorney ATTEST: CITY OF AVENTURA By: Ellisa L. Horvath, MMC City Manager City Clerk day of , 2018. {SEAL} Approved as to form by: By: Date: David M. Wolpin, City of Aventura Attorney Weiss Serota Hellman Cole & Bierman, P.L. 2 EXHIBIT A-2 INDEMNIFICATION AGREEMENT BETWEEN THE CITY OF AVENTURA, FLORIDA AND RENEW FINANCIAL GROUP,LLC, ADMINISTRATOR FOR THE FLORIDA GREEN FINANCE AUTHORITY THIS INDEMNIFICATION AGREEMENT(the "Agreement") is entered into this day of , 2018 by and between the CITY OF AVENTURA, a Florida municipal corporation(the"City"),and RENEW FINANCIAL GROUP,LLC("RENEW"),the administrator of the Florida Green Finance Authority("FGFA"), collectively,the "Parties." WHEREAS, the City and the FGFA have proposed to enter into an agreement to authorize FGFA to operate within the boundaries of the City for the purposes of providing a Property Assessed Clean Energy(PACE) program; and WHEREAS, RENEW is the third party administrator for FGFA, and RENEW would be operating on behalf of FGFA within the City; and WHEREAS, RENEW is a Delaware company authorized to transact business in Florida; and WHEREAS, RENEW has agreed to provide the City with a separate indemnification agreement for the benefit of the City. NOW, THEREFORE, the City and RENEW hereby enter into the following Agreement: I. The foregoing recitals are incorporated into this Agreement and approved. 2. RENEW shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims,demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by RENEW or its employees, agents, servants, partners, principals, administrators, subcontractors, or agents. RENEW shall pay all claims and losses in connection therewith and shall investigate and defend all claims,suits or actions of any kind or nature in the name of the City,where applicable,including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. RENEW expressly understands and agrees that any insurance protection shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. 3. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida.The Parties agree that the exclusive venue for any lawsuit arising from, EXHIBIT A-2 related to, or in connection with this Agreement shall be in the state courts of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, the United States District Court for the Southern District of Florida or United States Bankruptcy Court for the Southern District of Florida, as appropriate. IN WITNESS WHEREOF,the Parties have executed this Agreement as of the date first written above. ATTEST: CITY CLERK CITY OF AVENTURA, FLORIDA By: By: Ellisa L. Horvath, MMC City Manager Approved as to form and legality: By: Weiss Scrota Helfman Cole & Bierman, P.L. City Attorney ATTEST: RENEW FINANCIAL GROUP, LLC By: By: Print Name: Print Name: Approved as to form and legality: By: Print Name: EXHIBIT B-1 This instrument was prepared by or under the supervision of(and after recording should be returned to): Joseph P. Stanton Broad&Cassel Bank of America Center 390 North Orange Avenue Suite 1400 Orlando,FL 32801-4961 (SPACE reserved for Clerk of Coun) LIMITED PURPOSE PARTY MEMBERSHIP AGREEMENT BETWEEN THE FLORIDA RESILIENCY AND ENERGY DISTRICT AND CITY OF AVENTURA This Limited Purpose Party Membership Agreement (the "Agreement") is entered into this day of September, 2018 by and between the FLORIDA RESILIENCY AND ENERGY DISTRICT ("FRED"), a public body corporate and politic created as a separate legal entity pursuant to Section 163.01(7), Florida Statutes, and City of Aventura, a Florida Municipal Corporation (the "City of Aventura") (collectively, the "Parties") for the purpose of providing a Property Assessed Clean Energy("PACE")program within the legal boundaries of the City of Aventura. WITNESSETH WHEREAS, pursuant to Section 163.08(1), Florida Statutes, the legislature determined that access to financing for certain renewable energy, energy efficiency and conservation and wind resistance improvements ("Qualifying Improvements") through voluntary assessment programs such as the PACE program provides a special benefit to real property by alleviating the property's burden from energy consumption and/or reducing the property's burden from potential wind damage; and WHEREAS, in order to make such Qualifying Improvements more affordable and assist property owners who wish to undertake such improvements, the legislature also determined that there is a compelling state interest in enabling property owners to voluntarily finance such Qualifying Improvements with the assistance of local governments, through the execution of financing agreements and the related imposition of voluntary, non-ad valorem special assessments; and WHEREAS, an Interlocal Agreement, dated September 6, 2016, as amended and supplemented from time to time(the "Interlocal Agreement")was entered into between the Town of Lake Clarke Shores, the City of Fernandina Beach, and any subsequent parties thereto (the "Public Agencies") and, in the limited capacity described therein, the Florida Development Finance Corporation ("FDFC" and, together with the Public Agencies, the "Parties"), for the purpose of facilitating the financing of Qualifying Improvements for properties located within FRED's aggregate legal boundaries via the levy and collection of voluntary non-ad valorem special assessments on improved property; and 1 FDFC12-21-16 EXHIBIT B-I WHEREAS,the City of Aventura agrees with such legislative determinations and finds that the financing of Qualifying Improvements through the PACE program provides a special benefit to participating real property within its legal boundaries; and WHEREAS, the Parties to this Agreement desire to supplement the Interlocal Agreement to include the City of Aventura as a Limited Member, as such term is defined in the Interlocal Agreement, on the date last signed below. NOW,THEREFORE, in consideration of the above recitals,terms and conditions, promises and covenants hereinafter set forth, the Parties agree as follows: SECTION 1. DEFINITIONS. Any capitalized terms used in this Agreement, but not otherwise defined herein, shall have the meaning specified for such term in the Interlocal Agreement. SECTION 2. PURPOSE. The purpose of this Agreement is to facilitate the financing of Qualifying Improvements through a PACE program, in accordance with Section 163.08, Florida Statutes, and provide an efficient process for real property owners within the legal boundaries of the City of Aventura to access the PACE program and permit FRED to administer the PACE program within such legal boundaries. SECTION 3. RIGHTS OF PARTIES. FRED, together with its member Parties, and the City of Aventura, with the intent to be bound thereto, hereby agree that the City of Aventura shall become a Party to the Interlocal Agreement together with only those rights and obligations of Parties to the Interlocal Agreement as are necessary to fulfill the purposes described in this Agreement,including access to financing and processing of non- ad valorem special assessments by FRED, within the legal boundaries of the City of Aventura, as more specifically described below, and in accordance with federal, state, and local laws, rules,regulations, ordinances, and all operational program standards of the City of Aventura. SECTION 4. INCORPORATION OF RECITALS AND LEVY OF SPECIAL ASSESSMENTS. The Parties hereby acknowledge and agree with each recital to this Agreement and incorporate such findings herein as their own. The non-ad valorem special assessments arising from a property owner's voluntary participation in the PACE program shall be levied by FRED on properties within the legal boundaries the City of Aventura and the receipt and distribution of any non-ad valorem special assessments imposed by FRED are purely ministerial acts. SECTION 5. QUALIFYING IMPROVEMENTS. FRED may provide access to financing for Qualifying Improvements to real property within the legal boundaries of the City of Aventura, in accordance with Section 163.08, Florida Statutes, and subject to the terms of this Agreement, as well as applicable federal, state, and City of Aventura law. 2 FDFC I2-21-16 EXHIBIT B-I SECTION 6. FINANCING AGREEMENT. Before extending any financing or subjecting any participating real property within the legal boundaries of the City of Aventura to the non-ad valorem special assessment authorized therein, FRED and FDFC, through their designees, shall, on a non-exclusive basis pursuant to the Section 163.08, Florida Statutes and this Agreement, enter into a financing agreement (the "Financing Agreement") with property owner(s) within the legal boundaries of the City of Aventura who qualify for financing through FRED. The Financing Agreement shall include a thorough explanation of the PACE financing process and specify at what point in the process the special assessment will be added to the real property's owner's property tax bills (after completion of the project(s), permit approval, and approval by the property owner). SECTION 7. BOUNDARIES OF THE PACE PROGRAM. For the limited purposes of administering the PACE program and imposing non-ad valorem special assessments as described in this Agreement, the legal boundaries of FRED shall include the legal boundaries of the City of Aventura, which legal boundaries may be limited, expanded to reflect annexation, or more specifically designated from time to time by the City of Aventura by providing written notice to FRED. Upon execution of this Agreement and written request thereafter, the City of Aventura agrees to provide FRED the current legal description of the legal boundaries of the City of Aventura. SECTION 8. ELIGIBLE PROPERTIES. Within the legal boundaries of the City of Aventura, improved real property, including any residential, commercial, agricultural and industrial use may be eligible for participation in the PACE program within the limits otherwise prescribed in Section 163.08, Florida Statutes. SECTION 9. SURVIVAL OF SPECIAL ASSESSMENTS. During the term of this Agreement, FRED may levy voluntary non-ad valorem special assessments on participating properties within the legal boundaries of the City of Aventura to help secure the financing of costs of Qualifying Improvements constructed or acquired on such properties based on the finding of special benefit by the City of Aventura incorporated into Section 3 hereof. Those properties receiving financing for Qualifying Improvements shall be assessed by FRED until such time as the financing for such Qualified Improvement is repaid in full, in accordance with Section 163.08, Florida Statutes, and other applicable law. Notwithstanding termination of this Agreement or notice of a change in the legal boundaries of the City of Aventura as provided for herein, those properties that have received financing for Qualifying Improvements shall continue to be a part of FRED, until such time that all outstanding debt has been satisfied. SECTION 10. TERM. This Agreement shall remain in full force and effect from the date of its execution by both Parties. Any Party may terminate this Agreement for convenience upon ninety (90) days' prior written notice ("Termination Notice") in accordance with the terms of the interlocal Agreement. Beginning on the date FRED receives a Termination Notice from the City of Aventura ("Termination Date"), FRED 3 FDFC I2-21-16 EXHIBIT B-I shall not approve any new applications affecting property within the legal boundaries of the City of Aventura referenced in the Termination Notice. Notwithstanding termination of this Agreement, however, property owners whose applications were approved prior to the Termination Date, and who received funding through the PACE program, shall continue to be a pad of FRED, for the sole purpose of FRED imposing assessments for the repayment of such property's outstanding debt, until such time that all outstanding debt has been satisfied. SECTION 11. CONSENT. This Agreement, together with the resolution by the governing board of the City of Aventura approving this Agreement, shall be considered the Parties' consent to authorize FRED to administer the PACE program within the legal boundaries of the City of Aventura, as required by Section 163.08, Florida Statutes. SECTION 12. CITY OF AVENTURA COORDINATOR. The Office of the City Manager within the City of Aventura shall serve as the City of Aventura's primary point of contact and coordinator. The City of Aventura will advise FRED of any changes to the City of Aventura's primary contact and coordinator within 30 days of such changes. SECTION 13. CARBON OR SIMILAR CREDITS. To the extent permitted by law, in the event that the Financing Agreement or any other PACE agreement with the property owner provides for the transfer of any carbon or similar mitigation credits derived from Qualifying Improvements to FRED, any such carbon or similar mitigation credits derived from properties within the legal boundaries of the City of Aventura, shall be shared in equal parts between FRED and the City of Aventura. SECTION 14. LIMITED OBLIGATIONS. Neither FRED nor FDFC is authorized to issue bonds, or any other form of debt, on behalf of the City of Aventura without a separate interlocal agreement or other authority provided by State law. To the extent that FRED or FDFC issues PACE-related bonds under its own authority in connection with this Agreement, the security for such bonds may be secured by non-ad valorem special assessments imposed by FRED on participating properties within the legal boundaries of the City of Aventura. The issuance of such bonds shall not directly or indirectly or contingently obligate the City of Aventura to levy or to pledge any form of taxation whatever,or to levy ad valorem taxes on any property within their territorial limits to pay the bonds, and the bonds shall not constitute a lien upon any property owned by the City of Aventura. For any such bonds, the bond disclosure document, if any, shall include references to the fact that the City of Aventura is not an obligated party,and also adequately disclose material attendant risks with PACE programs. SECTION 15. LIABILITY, INDEMNIFICATION AND SOVEREIGN IMMUNITY. (A) City of Aventura and FRED are and shall be subject to Sections 768.28 and 163.01(9)(c), Florida Statutes,and any other provisions of Florida law governing sovereign 4 FDFC12-21-IG EXHIBIT B-1 immunity. Pursuant to Section 163.01(5)(0), Florida Statutes, and this covenant of the parties hereto, the local governments who are either or both the founders or members of FRED shall not be held jointly liable for the torts of the officers or employees of the FRED, or any other tort attributable to FRED, and that FRED alone shall be liable for any torts attributable to it or for torts of its officers, employees or agents, and then only to the extent of the waiver of sovereign immunity or limitation of liability as specified in Section 768.28, Florida Statutes. City of Aventura and FRED acknowledge and agree that FRED shall have all of the applicable privileges and immunities from liability and exemptions from laws, ordinances, rules and common law which apply to the municipalities and counties of the State. City of Aventura is completely independent of FRED. To the extent provided by law, FRED shall indemnify, defend and hold harmless City of Aventura from any and all damages, claims, and liability arising from the negligence or intentional misconduct of FRED relating to operation of the PACE program. Nothing in this Agreement is intended to inure to the benefit of any third-party for the purpose of allowing any claim,which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. (B) Neither City of Aventura, nor the local governments who are either or both the founders or members of the Agency,nor any subsequently joining or participating local government as members of FRED shall in any manner be obligated to pay any debts, obli- gations or liabilities arising as a result of any actions of FRED, the governing board of FRED or any other agents, employees, officers or officials of FRED, except to the extent otherwise mutually and expressly agreed upon, and neither FRED, the governing board of FRED or any other agents, employees, officers or officials of FRED have any authority or power to otherwise obligate either City of Aventura, the local governments who are either or both the founders or members of FRED, nor any subsequently subscribing or participat- ing local government in the business of FRED in any manner. (C) All of the privileges and immunities from liability and exemptions from laws, ordinances and rules which apply to the activity of officials, officers, agents or employees of the parties shall apply to the officials, officers, agents or employees thereof when performing their respective functions and duties under the provisions of this Agreement. SECTION 16. AGREEMENTS WITH TAX COLLECTOR AND PROPERTY APPRAISER. This Agreement shall be subject to the express condition precedent that FRED enter into separate agreement(s) with the tax collector and the property appraiser having jurisdiction over the legal boundaries of the City of Aventura, which shall provide for the collection of any non-ad valorem special assessments imposed by FRED within the legal boundaries of the City of Aventura. If required by the tax collector and property appraiser, the City of Aventura agrees to enter into those agreements as a third-party to facilitate the collection of the non-ad valorem special assessments imposed by FRED. 5 FDFC 12-21-16 EXHIBIT B-I SECTION 17. OPINION OF BOND COUNSEL. FRED warrants,based on counsel's review of the bond validation judgment and the underlying bond documents that the FDFC PACE program's structure complies with the bond validation judgment and the underlying bond documents. SECTION 18. AGENTS OF FRED. FRED shall ensure that its agents, administrators, subcontractors, successors and assigns are, at all times, in compliance with the terms of this Agreement and applicable City of Aventura, state and federal laws. SECTION 19. NOTICES. Any notices to be given hereunder shall be in writing and shall be deemed to have been given if sent by hand delivery, recognized overnight courier (such as Federal Express), or by written certified U.S. mail, with return receipt requested, or by electronic mail, addressed to the Party for whom it is intended, at the place specified. For the present, the Parties designate the following as the respective places for notice purposes: If to FRED: The Florida Resiliency and Energy District do Florida Development Finance Corporation William "Bill" F. Spivey, Jr. Executive Director 156 Tuskawilla Road, Suite 2340 Winter Springs, FL 32708 bspivey@tdfcbonds.com and Issuer's Counsel with Broad and Cassel Joseph Stanton, Esq. Bank of America Center 390 North Orange Avenue Suite 1400 Orlando, FL 32801-4961 407.839.4200 (t) jstanton@broadandcassel.com If to City of Aventura: City Manager City of Aventura 19200 West Country Club Dr. Aventura, FL 33180 with a copy to: David M. Wolpin, Esq. 6 FDFC I2-21-16 EXHIBIT B-I City Attorney Weiss Serota Helfman Cole & Bierman, P.L. 200 E. Broward Blvd., Suite 1900 Fort Lauderdale, FL 33301 954.763.4242 (t) dwolpin@wsh-law.com SECTION 20. AMENDMENTS. No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this agreement and executed by the City of Aventura and FRED or other delegated authority authorized to execute same on their behalf. SECTION 21. JOINT EFFORT. The preparation of this Agreement has been a joint effort of the Parties hereto and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than the other. SECTION 22. MERGER. This Agreement represents the final and complete understanding of the Parties regarding the subject matter hereof and supersedes all prior and contemporaneous negotiations, correspondence, agreements, or understandings applicable to the matters contained herein; and 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, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. SECTION 23. ASSIGNMENT. The respective obligations of the Parties set forth in this Agreement shall not be assigned, in whole or in part, without the written consent of the other Party hereto. SECTION 24. THIRD PARTY BENEFICIARIES. None of the Parties intend to directly or substantially benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement; provided, however,that counsel to the Parties may rely on this Agreement for purposes of providing any legal opinions required by the issuance of debt to finance the Qualifying Improvements. SECTION 25. RECORDS. The Parties shall each maintain their own respective records and documents associated with this Agreement in accordance with the requirements for records retention set forth in Chapter 119, Florida Statutes. 7 FDIC 12-21-16 EXHIBIT B-1 SECTION 26. RECORDING. This Limited Purpose Party Membership Agreement shall be filed by FRED with the Clerk of the Circuit Court in the Public Records of Miami-Dade County and recorded in the public records of Miami-Dade County as an amendment to the Interlocal Agreement, in accordance with Section 163.01(11), Florida Statutes. SECTION 27. SEVERABILITY. In the event a portion of this Agreement is found to be unenforceable by a court of competent jurisdiction, that part shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect. SECTION 28. EFFECTIVE DATE. This Agreement shall become effective upon the execution by both Parties hereto. SECTION 29. LAW, JURISDICTION, AND VENUE. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. The Parties agree that the exclusive venue for any lawsuit arising from, related to,or in connection with this Agreement shall be in the state courts of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, the United States District Court for the Southern District of Florida or United States Bankruptcy Court for the Southern District of Florida, as appropriate. [SIGNATURE PAGES FOLLOW] 8 FDFC 12-21-16 EXHIBIT B-I [SIGNATURE PAGE TO LIMITED PURPOSE PARTY MEMBERSHIP AGREEMENT] IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement on this day of ,2018. CITY OF AVENTURA, FLORIDA By: Date City of Aventura Manager Attest: By: Date Ellisa L. Horvath, MMC City of Aventura Clerk STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2018, by of the City of Aventura, Florida, who is personally known to me/has produced as iden- tification. Printed/Typed Name: (SEAL) Notary Public-State of Florida Commission Number: 9 FDFC 12-21-16 EXHIBIT B-I [SIGNATURE PAGE TO LIMITED PURPOSE PARTY MEMBERSHIP AGREEMENT] WITNESS: FLORIDA DEVELOPMENT FINANCE CORPORATION on behalf of FLORIDA RESILIENCY AND ENERGY DISTRICT By: WITNESS: William "Bill" F. Spivey, Jr. Executive Director STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2018, by William "Bill" F. Spivey, Jr., Executive Director of the Florida Development Finance Corporation, who is personally known to me/has produced as identification. Printed/Typed Name: (SEAL) Notary Public-State of Florida Commission Number: 10 FDFC 12-21-16 EXHIBIT B-2 INDEMNIFICATION AGREEMENT BETWEEN THE CITY OF AVENTURA,FLORIDA AND FLORIDA DEVELOPMENT FINANCE CORPORATION, ADMINISTRATOR FOR THE FLORIDA RESILIENCY AND ENERGY DISTRICT THIS INDEMNIFICATION AGREEMENT(the "Agreement') is entered into this day of , 2018 by and between the CITY OF AVENTURA, a Florida municipal corporation (the "City"), and the FLORIDA DEVELOPMENT FINANCE CORPORATION ("FDFC"),the administrator of the Florida Resiliency and Energy District("FRED"), collectively, the"Parties." WHEREAS, the City and FRED have proposed to enter into an agreement to authorize FRED to operate within the boundaries of the City for the purposes of providing a Property Assessed Clean Energy(PACE)program; and WHEREAS, FDFC is the third party administrator for FRED, and FDFC would be operating on behalf of FRED within the City; and WHEREAS, FDFC is a Florida public body, corporate and politic, authorized by Chapter 288, Part X, Florida Statutes; and WHEREAS, FDFC has agreed to provide the City with a separate indemnification agreement for the benefit of the City. NOW,THEREFORE, the City and FDFC hereby enter into the following Agreement: I. The foregoing recitals are incorporated into this Agreement and approved. 2. FDFC shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits,causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by FDFC or its employees, agents,servants,partners,principals, administrators, subcontractors, or agents. FDFC shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings,and shall pay all costs,judgments, and attorney's fees which may issue thereon. FDFC expressly understands and agrees that any insurance protection shall in no way limit the responsibility to indemnify,keep and save harmless and defend the City or its officers,employees, agents and instrumentalities as herein provided. 3. This Agreement shall be interpreted and construed in accordance with and governed by the EXHIBIT B-2 laws of the state of Florida. The Parties agree that the exclusive venue for any lawsuit arising from, related to,or in connection with this Agreement shall be in the state courts of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, the United States District Court for the Southern District of Florida or United States Bankruptcy Court for the Southern District of Florida, as appropriate. IN WITNESS WHEREOF,the Parties have executed this Agreement as of the date first written above. ATTEST: CITY CLERK CITY OF AVENTURA,FLORIDA By: By: Ellisa L. Horvath, MMC City Manager Approved as to form and legality: By: Weiss Serota Hellman Cole & Bierman, P.L. City Attorney ATTEST: FLORIDA DEVELOPMENT FINANCE CORPORATION By: By: Print Name: Print Name: Approved as to form and legality: By: Print Name: EXHIBIT C-1 NON-EXCLUSIVE INTERLOCAL SUBSCRIPTION AGREEMENT RELATING TO THE FUNDING AND FINANCING OF QUALIFYING IMPROVEMENTS BY THE FLORIDA PACE FUNDING AGENCY THIS NON—EXCLUSIVE INTERLOCAL SUBSCRIPTION AGREEMENT is made and entered into as of September—. 2018 (this "Subscription Agreement"),by and between the City of Aventura, Florida(the"Subscriber"), and the Florida PACE Funding Agency, a separate legal entity and public body and unit of local government, established pursuant to Section I63.01(7)(g), Florida Statutes, (the "Agency"),by and through their respective governing bodies. The purpose of the Subscription Agreement is to secure, in an efficient and uniform manner, for the Property Owners (as hereinafter defined) within the jurisdiction and boundaries of the Subscriber the privileges, benefits, powers and terms provided for herein and by law, and particularly by Section 163.08, Florida Statutes, as amended (the "Supplemental Act"), relating to the voluntary determination by affected property owners to obtain and finance certain improvements to property for energy efficiency,renewable energy or wind resistance. WITNESSETH: NOW,THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration each to the other, receipt of which is hereby acknowledged by each party, the Subscriber and the Agency hereby agree, stipulate and covenant as follows: ARTICLE DEFINITIONS AND CONSTRUCTION SECTION 1.01. DEFINITIONS. As used in this Agreement, the following terms shall have the meanings as defined unless the context requires otherwise: "Board of Directors"means the governing body of the Agency. "Agency Charter Agreement" or "Charter" means, unless the context otherwise requires,the separate interlocal agreement which created and established the Agency,including any amendments and supplements hereto executed and delivered in accordance with the terms thereof. 'Financing Agreement" means the agreement authorized hereunder and by the Act (specifically including section 163.08(4) thereof) between the Agency and a Property Owner providing for the funding to finance Qualifying Improvements and the imposition of a non-ad valorem Special Assessment against the Property Owner's assessed property. "Financing Documents" shall mean the resolution or resolutions duly adopted by the Agency, as well as any indenture of trust, trust agreement, interlocal agreement or other 1 EXHIBIT C-1 instrument relating to the issuance or security of any bond or Obligations of the Agency and any agreement between the Agency and the Subscriber, pursuant to which the Subscriber and Property Owners obtain access to funds provided by the Agency. "Obligations" shall mean a series of bonds, obligations or other evidence of indebtedness, including, but not limited to, notes, commercial paper, certificates or any other obligations of the Agency issued hereunder or pursuant hereto, or under any general law provisions, and pursuant to the Financing Documents. The term shall also include any lawful obligation committed to by the Agency or pursuant to an interlocal agreement with another governmental body or agency and/or warrants issued for services rendered or administrative expenses. "Program" means the program operated by the Agency to provide financing for Qualifying Improvements undertaken within the jurisdiction of the Subscriber. Unless determined otherwise by the Subscriber, the Agency's Program will be non-exclusive; and, the Subscriber may embrace or authorize any similar program under the Act as the Subscriber sees fit and in the interest of the public. "Property Owner"means, collectively,all of the record owners of real property subject to a Financing Agreement. "Qualifying Improvements" means those improvements for energy efficiency, renewable energy, or wind resistance described in the Supplemental Act authorized to be affixed and/or installed by the record owner of an affected property. The term does not include similar improvements underwritten or financed by local, state or federal programs including, but not limited to State Housing Initiatives Partnership or SHIP Program, which are not secured by a special or non-ad valorem assessment. "Special Assessments" means the non-ad valorem assessments authorized by the Supplemental Act and levied by the Agency on property owned by participating property owner who has entered into a Financing Agreement with the Agency to fund the costs of Qualifying Improvements. SECTION 1.02 CONSTRUCTION. (A) Words importing the singular number shall include the plural in each case and vice versa, and words importing persons shall include firms and corporations. The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer to this Subscription Agreement; the term "heretofore" shall mean before the date this Subscription Agreement is executed; and the term "hereafter" shall mean after the date this Subscription Agreement is executed. (B) Each recital, covenant, agreement, representation and warranty made by a party herein shall be deemed to have been material and to have been relied on by the other party to this Subscription Agreement. Both parties have independently reviewed this Subscription Agreement with their own counsel and covenant that the provisions hereof shall not be construed for or against either the Subscriber or the Agency by reason of authorship. 2 EXHIBIT C-1 SECTION 1.03. SECTION HEADINGS. Any headings preceding the texts of the several Articles and Sections of this Subscription Agreement and any table of contents or marginal notes appended to copies hereof shall be solely for convenience of reference and shall neither constitute a part of this Subscription Agreement nor affect its meaning, construction or effect. SECTION 1.04. FINDINGS. It is hereby ascertained, determined and declared that: (A) The State has declared it the public policy of the State to develop energy management programs aimed at promoting energy conservation and wind resistance or 'hardening' programs achieving hurricane and wind damage mitigation. (B) The State Legislature has determined there is a compelling state interest in enabling property owners to voluntarily finance Qualifying Improvements with local government assistance. The actions authorized by the Supplemental Act, including the financing of Qualifying Improvements through the execution of Financing Agreements and the related imposition of a Special Assessment, are reasonable and are necessary for the prosperity and welfare of the State, the Subscriber and its property owners and inhabitants. (C) The Agency has secured a binding final judgment,binding and only advantageous to the Agency, which has statewide effect. Such judgment carefully relieves the Subscriber from cost and liability associated with implementation of the Agency's Program. (D) The Agency has provided evidence to the Subscriber that: (1) the Agency's Program has assembled, at the Agency's sole cost and expense, open public governance and oversight, staffing in the form of qualified third-party administration, active funding provider servicing oversight, dedicated Program counsel, and an independent institutional trustee, (2) that the Agency is immediately ready to commence origination of Special Assessments for Qualifying Improvements, and (3) that the Agency presently has large scale funding in place and available under an executed bond purchase agreement and trust indenture. (E) The availability of the non-exclusive Program offered by the Agency (without cost to, assumption of liability by or demand upon the credit of the Subscriber) and the voluntary participation in the Program by Property Owners will provide an alternative financing option to finance and repay the costs to provide and install Qualifying Improvements. (F) This Agreement provides an alternative, supplemental and non-exclusive means to achieve, inter alio, immediate and careful local economic development, commerce and job creation, as well as the compelling State interests and public purposes described in the Supplemental Act. 3 EXHIBIT C-1 ARTICLE II SUBSCRIPTION SECTION 2.01. AUTHORITY. (A) The execution hereof has been duly authorized by the resolution of the governing bodies of each party hereto. (B) The Agency by this Subscription Agreement is hereby authorized to act to provide its services, and conduct its affairs, within the boundaries of the Subscriber's jurisdiction. (C) The execution of this Subscription Agreement evidences the express authority and concurrent transfer of all necessary powers to the Agency, and the covenant to reasonably cooperate by the Subscriber, so that the Agency may facilitate, administer, implement and provide Qualifying Improvements, facilitate Financing Agreements and non-ad valorem assessments only on properties subjected to same by the record owners thereof, develop markets, structures and procedures to finance same, and to take any actions associated therewith or necessarily resulting there from, as contemplated by the Supplemental Act as the same may be amended from time to time. (D) By resolution of the governing bodies of each of the parties and as implemented pursuant by this Subscription Agreement, all power and authority available to the Agency under its Charter and general law, including without limitation, Chapters 163, 189 and 197, Florida Statutes, shall be deemed to be authorized and may be implemented by the Agency within the boundaries of the Subscriber. (E) This Subscription Agreement may be amended only by written amendment hereto. SECTION 2.02. CREATION OF STATE, COUNTY OR MUNICIPAL DEBTS PROHIBITED. The Agency shall not be empowered or authorized in any manner to create a debt as against the State, county, or any municipality, and may not pledge the full faith and credit of the State, any county, or any municipality. All revenue bonds or debt obligations of the Agency shall contain on the face thereof a statement to the effect that the State, county or any municipality shall not be obligated to pay the same or the interest and that they are only payable from Agency revenues or the portion thereof for which they are issued and that neither the full faith and credit nor the taxing power of the State or of any political subdivision thereof is pledged to the payment of the principal of or the interest on such bonds. The issuance of revenue or refunding bonds under the provisions of law, the Charter Agreement, or this Subscription Agreement shall not directly or indirectly or contingently obligate the State,or any county or municipality to levy or to pledge any form of ad valorem taxation whatever therefore or to make any appropriation for their payment. 4 EXHIBIT C-I SECTION 2.03. ADOPTION OF RATES,FEES AND CHARGES. (A) The Board of Directors may adopt from time to time by resolution such rates, fees or other charges for the provision of the services of the Agency to be paid by the record owner of any property, pursuant to a Financing Agreement described in the Supplemental Act. (B) Such rates, fees and charges shall be adopted and revised so as to provide moneys, which, with other funds available for such purposes, shall be at least sufficient at all times to pay the expenses of administering, managing, and providing for the services and administration of the activities of the Agency, to pay costs and expenses provided for by law or the Charter Agreement and the Financing Documents, and to pay the principal and interest on the Obligations as the same shall become due and reserves therefore, and to provide for necessary administration and reasonable margin of safety over and above the total amount of such payments. Notwithstanding any other provision in the Charter Agreement or this Subscription Agreement, such rates, fees and charges shall always be sufficient to comply fully with any covenants contained in the Financing Documents. (C) Such rates, fees and charges may vary from jurisdiction to jurisdiction, but shall be just and equitable and uniform at the time of imposition for the record owners in the same class of or within each subscribing local governmental jurisdiction electing to enter into any Financing Agreement described in the Supplemental Act and may be based upon or computed upon any factor (including, by way of example and not limitation, competitive or market conditions, distinguishing between residential and non-residential properties or uses, distinguishing between variable costs of administrative services over time) or combination of factors affecting the demand or cost of the services furnished or provided to administer the services and affairs of the Agency as may be determined by the Board of Directors from time to time. (D) Notwithstanding anything in this Subscription Agreement to the contrary, the Agency may establish a general fund and/or performance assurance account into which moneys may be deposited from an annual surcharge upon the Special Assessments imposed, pledged to or collected by the Agency. Any moneys deposited to such general fund account from such a surcharge shall be considered legally available for any lawful purpose approved by the Board of Directors. Moneys in such general fund and/or performance assurance account may be used to pay for or reimburse initial costs and expenses advanced or associated with start-up costs, feasibility studies, economic analysis, financial advisory services, program development or implementation costs or enhancements, public education,energy audits, administration, quality control, vendor procurement, and any other purpose associated with the purpose or mission of the Agency approved by the Board of Directors. SECTION 2.04. FINANCING AGREEMENTS. (A) The Agency shall prepare and provide to each participating property owner the form of the Financing Agreement which complies with the Supplemental Act and is in accordance with the Financing Documents as designated by the Board of Directors from time to time. 5 EXHIBIT C-I (B) The Agency, not the Subscriber, shall be solely responsible for all matters associated with origination, funding, financing, collection and administration of each of the Agency's authorized non-ad valorem assessments. SECTION 2.05. IMPOSITION OF SPECIAL ASSESSMENTS PURSUANT TO FINANCING AGREEMENTS. (A) Upon execution by the record owners and the Agency, the Financing Agreement or a summary or memorandum thereof shall be recorded by the Agency within five (5) days of execution as required by Section 163.08(8), Florida Statutes. The recorded Financing Agreement, or summary or memorandum thereof, provides constructive notice that the non-ad valorem assessment to be levied on the subject property constitutes a lien of equal dignity to ad valorem taxes and assessments from the date of recordation. (B) In a reasonably cooperative and uniform manner the Agency is authorized to and shall provide a digital copy to the property appraiser or tax collector of the recorded Financing Agreement or summary thereof, the most recent property identification number and annual amount of the non-ad valorem assessment along with such other efficient and reasonable information necessary for the tax collector to collect such amounts on behalf of the Agency pursuant to Sections 1973632 and 163.08, Florida Statutes, as a non-ad valorem assessment. SECTION 2.06. COLLECTION OF SPECIAL ASSESSMENTS. (A) The Agency shall be solely responsible for professionally coordinating all interface with the tax collector or property appraiser, and minimize to the greatest extent reasonably possible the time, effort and attention of these public officials to accomplish the public purposes and direction of the Supplemental Act subscribed to by the Subscriber. Subscriber hereby respectfully requests and encourages the tax collector or property appraiser to only impose, charge, or deduct the minimum amount allowed by general law for the collection or handling of the Special Assessments which are the subject of this Subscription Agreement. (B) To advance Program acceptance and to minimize Program participation costs, and because each Property Owner is voluntarily undertaking to achieve and underwrite the unique and compelling State interests described in the Supplemental Act, the Subscriber urges either the waiver of such fees by the tax collector and property appraiser or a flat five dollar($5) fee per year per tax parcel for such purposes which shall be paid by the Agency via deduction, by the institutional trustee required by the Financing Documents, or as otherwise reasonably agreed to by the Agency and these parties. SECTION 2.07. PLEDGE OF PROCEEDS FROM NON AD VALOREM ASSESSMENTS. (A) The Agency will take such actions as are necessary for the lawful levy of the Special Assessments against all lands and properties specially benefitted by the acquisition, construction and financing of Qualifying Improvements. If any assessment made with respect 6 EXHIBIT C-1 to any property shall be either in whole or in part annulled, vacated or set aside by the judgment of any court, or if the Agency or Subscriber shall be satisfied that any such assessment is so irregular or defective that the same cannot be enforced or collected, the Agency is authorized to take all necessary steps to cause a new assessment to be made for the whole or any part of any Qualifying Improvements or against any property specially benefitted by such improvement, to the extent and in the manner provided by law. (B) Pursuant to the Financing Documents and this Subscription Agreement, the Agency shall irrevocably pledge and, to the fullest extent permitted by law, pledge and assign any and all revenues derived from Special Assessments to the repayment of any debt obligation issued by the Agency pursuant to the Financing Documents. (C) The Subscriber shall not incur or ever be requested to authorize any obligations secured by Special Assessments associated with Qualifying Improvements imposed by the Agency. (D) Each series of Financing Documents shall be secured forthwith equally and ratably by a pledge of and lien upon the Special Assessments. The obligations of the Agency under and pursuant to the Financing Documents shall not be or constitute general obligations or an indebtedness of the Subscriber as 'bonds" within the meaning of the Constitution of Florida, but shall be payable from and secured solely by a lien upon and pledge of the Special Assessments as provided herein. Neither the Agency nor any holder of any debt obligation issued by the Agency pursuant to the Financing Documents shall ever have the right to compel the exercise of the ad valorem taxing power of the Subscriber or taxation in any form of property therein to pay any amount due under any Financing Documents or any Special Assessment. The Financing Documents shall not constitute a lien upon any property of or in the Subscriber except as to the respective Special Assessments in the manner provided herein and by law. SECTION 2.08. CARBON OR SIMILAR CREDITS. The form of Financing Agreement in each instance shall provide for the transfer of any carbon or similar mitigation credits derived from Qualifying Improvements to the Agency, with such revenues therefrom, if any ever materialize, to be used by the Agency to underwrite generally its operation, mission and purpose. By execution hereof any such interest in mitigation credits shall be assigned by the Subscriber to the Agency without any future action by the parties. Provided, however, the Subscriber shall upon request from time to time execute and deliver all such documents as may be reasonably required to further evidence the assignment and transfer of such interests to the Agency. Such credits expressly exclude investment tax credits available under the Internal Revenue Code or monetary rebates available to the Property Owner. ARTICLE III GENERAL PROVISIONS SECTION 3.01. INTERLOCAL AGREEMENT PROVISIONS. This Subscription Agreement constitutes a joint exercise of power, privilege or authority by and between the 7 EXHIBIT C-t Subscriber and the Agency and shall be deemed to be an "interlocal agreement" within the meaning of the Florida Interlocal Cooperation Act of 1969, as amended. This Subscription Agreement shall be filed by the Agency with the Clerk of the Circuit Court of the county in which the Subscriber is located. SECTION 3.02. DISCLOSURE. (A) The Agency has provided a copy of (1) the Supplemental Act, (2) the Agency's Charter Agreement, (3) the Final Judgment in Fla. PACE Funding Agency v. State, No. 2011-CA- 1824 (Fla. 2d Cir. Ct. 2011), and (4) other relevant disclosure information and background materials to the Subscriber prior to execution hereof. Subscriber, through its own staff and advisors, has independently reviewed and considered the foregoing and other relevant information of its choosing. (B) The objective of the Agency's mission is to offer a uniform, standardized and scalable approach that provides efficiencies and economies of scale intended to attract voluntary financing of Qualifying Improvements and stimulate a substantial and meaningful flow of private sector economic activity and new job creation. In doing so, each subscribing local government by entering into a subscription agreement of this nature authorizes the availability of the Agency's uniform program to property owners in the subscribing jurisdiction. Accordingly, the Agency has engaged, and may engage in the future, various advisors, consultants, attorneys or other professionals or firms with recognized expertise necessary to accomplish the Agency's mission. (C) Each of the various advisors, consultants, attorneys or other professionals engaged by the Agency has been, and shall in the future be, disclosed to the Subscriber. The Subscriber and Agency recognize, consider and acknowledge the fact or possibility that one or more of the various professionals or firms may serve as the advisor to the Agency in its mission, and to the Subscriber or another client in providing other similar professional services, outside of the provision, funding and financing of Qualifying Improvements. Such circumstance is acceptable and will not be construed as a conflict, be objected to unreasonably, nor be used as the basis for its disqualification of such professionals or firms from any continued or future representation of either party hereto which can otherwise be resolved by a reasonable waiver. SECTION 3.03. TERM OF AGREEMENT; DURATION OF AGREEMENT; EXCLUSIVITY. (A) This Subscription Agreement shall commence as of the date first above written, and shall remain in effect until terminated as herein provided. Either party (the "non-breaching party") may terminate this Subscription Agreement by providing the other party (the "breaching party") 10 days prior written notice ("Termination Notice") in the event the breaching party breaches this Subscription Agreement and such breach is not cured to the reasonable satisfaction of the non-breaching party within a reasonable period of time following notice of such breach. Beginning on the date the Agency receives from, or gives to, the Subscriber a Termination Notice ("Termination Date"), the Agency shall not approve any new 8 EXHIBIT C-1 applications affecting property within the legal boundaries of the Subscriber. Provided, however either party may unilaterally terminate this Agreement prior to any Financing Agreements being executed or, if earlier, the issuance of any Obligations of the Agency secured by pledged revenues derived from within the jurisdiction or boundaries of the Subscriber. (B) In the event of any termination hereunder, and so long as the Agency has Obligations outstanding which are secured by pledged revenues derived from Financing Agreements relating to any properties within the jurisdiction or boundaries of the Subscriber, or the Agency has projects for Qualified Improvements underway therein, the applicable provisions,authority and responsibility under this Agreement reasonably necessary to carry out the remaining aspects of the Program and responsibilities of Agency then underway, shall remain in effect and survive such termination until such time as those obligations and all associated remaining Program responsibilities are fulfilled (including, but not limited to the collection of assessments in due course). SECTION 3.04. AMENDMENTS AND WAIVERS. (A) Except as otherwise provided herein, no amendment, supplement, modification or waiver of this Subscription Agreement shall be binding unless executed in writing by the Subscriber and Agency. (B) To the extent the Agency has no outstanding bonds, Obligations or other evidence of indebtedness, this Subscription Agreement may be amended or modified or provisions hereto waived upon the written consent of all parties hereto. (C) To the extent the Agency has outstanding bonds, Obligations or other evidence of indebtedness arising from Financing Agreements relating to properties within the jurisdiction or boundaries of the Subscriber, this Subscription Agreement may not be amended or modified in any way that is materially adverse to holders of such bonds, Obligations or other evidence of indebtedness without the consent in writing of the holders of at least two-thirds (2/3) or more in principal amount of such bonds, Obligations or other evidence of indebtedness (exclusive of any warrants issued by the Agency) then outstanding, or any insurer duly authorized to provide such consent on behalf of such holders. SECTION 3.05. NOTICES. (A) All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when hand delivered (or confirmed electronic facsimile transmission) or mailed by registered or certified mail, postage prepaid, or sent by nationally recognized overnight courier (with delivery instructions for "next business day" service) to the parties at the following addresses: Subscriber: City Manager City of Aventura 19200 West Country Club Dr. Aventura, FL 33180 9 EXHIBIT C-1 With a copy to: David M. Wolpin, Esq. City Attorney Weiss Scrota Helfman Cole& Bierman, P.L. 200 E. Broward Blvd., Suite 1900 Fort Lauderdale, FL 33301 954.763.4242(t) dwolpin@wsh-law.com Agency: Executive Director Florida PACE Funding Agency c/o City of Kissimmee 101 North Church Street,Fifth Floor Kissimmee, Florida 34741 With a copy to: Program Counsel for the Florida PACE Funding Agency P.O.Box 14043 Tallahassee,Florida 32317-4043 (B) Any of the parties may, by notice in writing given to the other, designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. Any notice shall be deemed given on the date such notice is delivered by hand (or confirmed electronic facsimile transmission) or three days after the date mailed. SECTION 3.06. QUALITY CONTROL AND COMMUNICATION. For quality control purposes the Agency and Subscriber desire, and the Agency covenants to develop, implement and employ policies, systems and procedures which are within industry standards; with such standards being reasonably expected to change and evolve over time. An ongoing positive and informal line of communication between staff and agents for the parties is encouraged. At any time, notwithstanding lack of default or lack of material breach hereunder, the Subscriber is encouraged to objectively and specifically communicate to the Agency in writing as provided for herein any concerns, suggestions or disapproval with performance, policies, systems or procedures being employed by the Agency. The Agency through its administrator, Executive Director, or a duly authorized designee, will promptly respond in writing to all such communications (reasonably within fifteen (15) days of receipt of any such written communication, but sooner if necessary) and follow-up accordingly; and, also promptly communicate any such response, follow-up, and all related communication to the Board of Directors for review. SECTION 3.07. IMMUNITY; LIMITED LIABILITY. (A) All of the privileges and immunities from liability and exemptions from laws, ordinances and rules which apply to the activity of officials, officers, agents or employees of the parties shall apply to the officials, officers, agents or employees thereof when performing their respective functions and duties under the provisions of this Subscription Agreement. 10 EXHIBIT C-1 (B) The Subscriber and Agency are and shall be subject to Sections 768.28 and 163.01(9)(c), Florida Statutes, and any other provisions of Florida law governing sovereign immunity. Pursuant to Section 163.01(5)(o), Florida Statutes, and this covenant of the parties hereto, the local governments who are either or both the incorporators or members of the Agency shall not be held jointly liable for the torts of the officers or employees of the Agency, or any other tort attributable to the Agency, and that the Agency alone shall be liable for any torts attributable to it or for torts of its officers, employees or agents, and then only to the extent of the waiver of sovereign immunity or limitation of liability as specified in Section 768.28,Florida Statutes. The Subscriber and Agency acknowledge and agree that the Agency shall have all of the privileges and immunities from liability and exemptions from laws, ordinances, rules and common law which apply to the municipalities and counties of the State. Nothing in this Subscription Agreement is intended to inure to the benefit of any third-party for the purpose of allowing any claim, which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. (C) Neither the Subscriber, nor the local governments who are either or both the incorporators or members of the Agency, nor any subsequently subscribing or participating local government in the affairs of the Agency shall in any manner be obligated to pay any debts, obligations or liabilities arising as a result of any actions of the Agency, the Board of Directors or any other agents, employees,officers or officials of the Agency,except to the extent otherwise mutually and expressly agreed upon, and neither the Agency, the Board of Directors or any other agents, employees, officers or officials of the Agency have any authority or power to otherwise obligate either the Subscriber, the local governments who are either or both the incorporators or members of the Agency, nor any subsequently subscribing or participating local government in the affairs of the Agency in any manner. SECTION 3.08. BINDING EFFECT. This Subscription Agreement shall be binding upon the parties, their respective successors and assigns and shall inure to the benefit of the parties,their respective successors and assigns. SECTION 3.09. SEVERABILITY In the event any provision of this Subscription Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. SECTION 3.10. EXECUTION IN COUNTERPARTS. This Subscription Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. SECTION 3.11. APPLICABLE LAW. The exclusive venue of any legal or equitable action that arises out of or relates to this Subscription Agreement shall be the appropriate state court in Miami-Dade County. In any such action, Florida law shall apply and the parties waive any right to jury trial. 11 EXHIBIT C-1 SECTION 3.12. ENTIRE AGREEMENT. This Subscription Agreement constitutes the entire agreement among the parties pertaining to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions of the parties, whether oral or written, and there are no warranties, representations or other agreements among the parties in connection with the subject matter hereof, except as specifically set forth herein. [Remainder of page intentionally left blank.] 12 IN WITNESS WHEREOF, the undersigned have caused this Subscription Agreement to be duly executed and entered into as of the date first above written. THE CITY OF AVENTURA (SEAL) By: City Manager Attest: Approved as to form: Ellisa L. Horvath,MMC David M. Wolpin City Clerk Weiss Serota Hellman Cole&Bierman,P.L. City Attorney 13 IN WITNESS WHEREOF, the undersigned have caused this Subscription Agreement to be duly executed and entered into as of the date first above written. THE FLORIDA PACE FUNDING AGENCY (SEAL) By: Michael H. Steigerwald, Executive Director ATTEST: Donald T. Smallwood, Assistant Secretary 14 EXHIBIT C-2 INDEMNIFICATION AGREEMENT BETWEEN THE CITY OF AVENTURA, FLORIDA AND COUNTERPOINTE ENERGY SOLUTIONS, LLC,ADMINISTRATOR FOR THE FLORIDA PACE FUNDING AGENCY THIS INDEMNIFICATION AGREEMENT(the "Agreement") is entered into this day of , 2018 by and between the CITY OF AVENTURA, a Florida municipal corporation (the "City"), and COUNTERPOINTE ENERGY SOLUTIONS, LLC ("COUNTERPOINTE"), the administrator of the Florida PACE Funding Agency ("Agency"), collectively, the "Parties." WHEREAS,the City and the Agency have proposed to enter into an agreement to authorize the Agency to operate within the boundaries of the City for the purposes of providing a Property Assessed Clean Energy(PACE)program; and WHEREAS, COUNTERPOINTE is the third party administrator for the Agency, and COUNTERPOINTE would be operating on behalf of the Agency within the City; and WHEREAS, COUNTERPOINTE is a Delaware company authorized to transact business in Florida; and WHEREAS, COUNTERPOINTE has agreed to provide the City with a separate indemnification agreement for the benefit of the City. NOW, THEREFORE, the City and COUNTERPOINTE hereby enter into the following Agreement: 1. The foregoing recitals are incorporated into this Agreement and approved. 2. COUNTERPOINTE shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits,causes of actions or proceedings of any kind or nature arising out of,relating to or resulting from the performance of this Agreement by COUNTERPOINTE or its employees, agents, servants, partners, principals, administrators, subcontractors, or agents. COUNTERPOINTE shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. COUNTERPOINTE expressly understands and agrees that any insurance protection shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. EXHIBIT C-2 3. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. The Parties agree that the exclusive venue for any lawsuit arising from, related to,or in connection with this Agreement shall be in the state courts of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, the United States District Court for the Southern District of Florida or United States Bankruptcy Court for the Southern District of Florida, as appropriate. IN WITNESS WHEREOF,the Parties have executed this Agreement as of the date first written above. ATTEST: CITY CLERK CITY OF AVENTURA, FLORIDA By: By: Ellisa L. Horvath, MMC City Manager Approved as to form and legality: By: Weiss Serota IJelfman Cole & Bierman. P.L. City Attorney ATTEST: COUNTERPOINTE ENERGY SOLUTIONS, LLC By: By: Print Name: Print Name: Approved as to form and legality: By: Print Name: EXHIBIT D-1 MEMBERSHIP AGREEMENT BETWEEN THE GREEN CORRIDOR PROPERTY ASSESSMENT CLEAN ENERGY (PACE) DISTRICT AND THE CITY OF AVENTURA This Membership Agreement (the "Membership Agreement") is entered into this day of September, 2018 by and between the Green Corridor Property Assessment Clean Energy (PACE) District, a public body corporate and politic (the "Green Corridor"), and the City of Aventura, Florida, a municipal corporation of the State of Florida (the "City") (collectively, the "Parties") for the purpose of providing a PACE program within the City. RECITALS WHEREAS, on August 6, 2012, the Green Corridor was created as a separate legal entity pursuant to Section 163.01(7), Florida Statutes, to finance qualifying improvements in accordance with Section 163.08, Florida Statutes; and WHEREAS, on , 2018, the City adopted Resolution No. agreeing to join the Green Condor as a non-voting member in order to finance qualifying improvements in the City in accordance with Section 163.08, Florida Statutes; and WHEREAS, the Parties have determined that entering into this Membership Agreement is in the best interest and welfare of the property owners within the Green Corridor and City. NOW, THEREFORE, in consideration of the terms and conditions, promises and covenants hereinafter set forth, the Parties agree as follows: Section 1. Recitals Incorporated. The above recitals arc true and correct and incorporated herein. Section 2. Purpose. The purpose of this Membership Agreement is to facilitate the financing of qualifying improvements for property owners within the City in accordance with Section 163.08, Florida Statutes, by virtue of the City's joining the Green Corridor as a non- voting member and utilizing the Green Corridor's existing program (the'Program"). Section 3. Qualifying Improvements. The City shall allow the Green Corridor to provide financing of qualifying improvements, as defined in Section 163.08, Florida Statutes, on properties within the City. Section 4. Non-Exclusive. The Green Corridor Program is non-exclusive, meaning the City specifically reserves the right to join any other entity providing a similar program under Section 163.08, Florida Statutes, or create its own program under Section 163.08, Florida Statutes. Section 5. Program Guidelines. The Parties agree that, unless the City desires to implement its own local program guidelines as described below, the Program to be offered in the City will be wholly governed by the Green Corridor's Program Guidelines. If the City desires to implement its own local program guidelines, it may do so upon sixty(60) day's written notice to the Green Corridor. Any such local program guidelines can be amended and changed only by the authorized designee of the City. These local program guidelines shall be consistent with the Page I ors Membership Agreement—Green Corridor Properly Assessment Clean Energy(PACE)District Municipal v.2-12-I g EXHIBIT D-1 Green Corridor's guidelines. The City may adopt more restrictive guidelines than that of the Green Corridor. However, if there is a conflict between the Green Corridor's guidelines and the City's guidelines,the Green Corridor's guidelines shall control. Section 6. Boundaries. Pursuant to this Membership Agreement, the boundaries of the Green Corridor shall include the legal boundaries of the City, which boundaries may be limited, expanded, or more specifically designated from time to time by the City by providing written notice to the Green Corridor. As contemplated in the Interlocal Agreement (as defined in Section 8) and as supplemented by this Membership Agreement, the Green Corridor will, on a non-exclusive basis, levy voluntary non ad valorem special assessments on the benefitted properties within the boundaries of the City to help finance the costs of qualifying improvements for those individual properties. Those properties receiving financing for qualifying improvements shall be assessed from time to time, in accordance with Section 163.08, Florida Statutes and other applicable law. Notwithstanding termination of this Membership Agreement or notice of a change in boundaries by the City as provided for above, those properties that have received financing for qualifying improvements shall continue to be a part of the Green Corridor, until such time that all outstanding debt has been satisfied. Section 7. Financing Agreement. The Parties agree that the Green Corridor may enter into a financing agreement, pursuant to Section 163.08, Florida Statutes, with property owner(s) within the City who obtain financing through the Green Corridor. Section 8. Amended and Restated Interlocal Agreement. The Parties agree that the City shall be subject to all terms, covenants, and conditions of the Amended and Restated Interlocal Agreement recorded in the Official Records of Miami-Dade County at Official Records Book 28217, Page 0312, which created the Green Corridor (the "Interlocal Agreement"). In the event of any conflict between the Interlocal Agreement and this Membership Agreement, this Membership Agreement shall control the rights and obligations of the City. Section 9. Responsibilities of the Green Corridor; Indemnification. The Green Corridor shall be solely responsible for all matters associated with origination, funding, financing and administration of each of the Green Corridor's authorized non-ad valorem assessments, including responding to any complaints or inquiries by participants, tax certificate holders, lenders or others relating to the Program's special assessments, the Program's financing agreements, the Program's qualifying improvements, or any other aspect of the Program. The Parties understand that indemnification of the Green Corridor members is provided for in Section 16 of the Interlocal Agreement, and that such provisions shall apply to the City. In addition to the indemnification provided pursuant to the Interlocal Agreement, the Green Corridor will directly indemnify and hold harmless the City, its respective officers, agents and employees, from and against any and all demands, claims, losses, suits, liabilities, causes of action, judgment or damages, arising out of, related to, or in any way connected with performance or nonperformance by the Green Corridor, its officers, contractors and agents for all matters associated with origination, funding, financing and administration of each of the Green Corridor's authorized non-ad valorem assessments, including responding to any complaints or inquiries by participants, tax certificate holders, lenders or others relating to the Program's special assessments, the Program's financing agreements, the Program's qualifying improvements, or any other aspect of the Program. This grant of indemnification shall not be deemed or treated as a waiver by the Green Corridor of any immunity to which it is entitled by Page 2 of 5 Membership Agreement-Green Corridor Property Assessment Clean Energy(PACE)Distnci Municipal..2-12-IR EXHIBIT D-1 law, including but not limited to the District's sovereign immunity as set forth in Section 768.28, Florida Statutes. This Section shall survive termination of this Agreement. Section 10. Agreements with Tax Collector, Property Appraiser and Municipalities. The Green Corridor acknowledges that the City has no authority to bind the County Tax Collector and the County Property Appraiser, and the Green Corridor will be required to enter into separate agreement(s) with the County Tax Collector and/or the County Property Appraiser, which shall establish the fees (if any)to be charged by the Tax Collector and Property Appraiser for the collection or handling of the Program's special assessments. Section 11. Resale or Refinancing of a Property. The Green Corridor recognizes that some lenders may require full repayment of the Program's special assessments upon resale or refinancing of a property subject to the Program's special assessments. The Green Corridor agrees to provide written disclosure of this matter to all City property owners that may utilize the Program. Section 12. Term. This Membership Agreement shall remain in full force and effect from the date of its execution by both Parties. Any Party may terminate this Membership Agreement upon ninety(90) days prior written notice. Section 13. Consent. This Membership Agreement and any required resolution or ordinance of an individual Party shall be considered the City's consent to joining the Green Corridor and participation therein, as required by Section 163.08, Florida Statutes. Section 14. Voting Rights. The Parties agree that the City shall be a non-voting member of the Green Corridor for the term of this Membership Agreement. Section 15. Notices. Any notices to be given hereunder shall be in writing and shall be deemed to have been given if sent by hand delivery, recognized overnight courier (such as Federal Express), or by written certified U.S. mail, with return receipt requested, addressed to the Party for whom it is intended, at the place specified. For the present, the Parties designate the following as the respective places for notice purposes: If to Green Corridor: Paul Winkeljohn, Executive Director Green Corridor 5385 Nob Hill Rd. Sunrise, FL 33351 If to City: With a Copy to: City Manager David M. Wolpin, Esq. City of Aventura City Attorney 19200 West Country Club Dr. Weiss Scrota Helfman Aventura,FL 33180 Cole &Bierman, P.L. 200 E. Broward Blvd., Suite 1900 Fort Lauderdale, FL 33301 954.763.4242 (t) dwolpin@wsh-law.com Page 3 of 5 Membership Agreement-Green Corridor Property Assessment Clean Energy(PACE)District Municipal v.2-12-1A EXHIBIT D-1 Section 16. Amendments. It is further agreed that no modification, amendment or alteration in the terms or conditions herein shall be effective unless contained in a written document executed by the Parties hereto. Section 17. Joint Effort. The preparation of this Membership Agreement has been a joint effort of the Parties hereto and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than the other. Section 18. Merger. This Membership Agreement incorporates and includes all prior negotiations, correspondence, agreements, or understandings applicable to the matters contained herein; and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Membership Agreement that are not contained in this document. Accordingly, the Parties agree 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 no change, amendment, alteration, or modification in the terms and conditions contained herein shall be effective unless contained in a written document, executed with the same formality, and of equal dignity herewith by all Parties to this Membership Agreement. Section 19. Assignment. The respective obligations of the Parties set forth in this Membership Agreement shall not be assigned, in whole or in part, without the written consent of the other Party hereto. Section 20. Records. The Parties shall each maintain their own respective records and documents associated with this Membership Agreement in accordance with the requirements for records retention set forth in Chapter 119, Florida Statutes. Section 21. No Third Party Beneficiaries. It is the intent and agreement of the Parties that this Agreement is solely for the benefit of the Parties and no person not a party hereto shall have any rights or privileges hereunder. Section 22. Severability. In the event a portion of this Membership Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective. Section 23. Venue. The exclusive venue of any legal or equitable action against the City that arises out of or relates to this Membership Agreement shall be the appropriate state court in Miami-Dade County. Section 24. Effective Date. This Membership Agreement shall become effective upon the execution by the Parties hereto. [This space intentionally left blank. Signature page follows.] Page of Membership Agreement—Gruen Comdor Properly Assessment Clean Energy(PACE)District Municipal v.2-12-18 EXHIBIT D-1 IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement on the day first written above. ATTEST: GREEN CORRIDOR PROPERTY ASSESSMENT CLEAN ENERGY (PACE) DISTRICT By: By: District Secretary Executive Director APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Weiss Serota Helfman Cole & Bierman P.L., District Attorney ATTEST: THE CITY OF AVENTURA, FLORIDA By: By: Ellisa L. Horvath, MMC City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: David M. Wolpin, City Attorney [SIGNATURE PAGE TO MEMBERSHIP AGREEMENT] Page 5 of 5 Membership Agreement-Green Corridor Property Assessment Clean Energy(PACE)District Municipal v_2-12-18 EXHIBIT D-2 INDEMNIFICATION AGREEMENT BETWEEN THE CITY OF AVENTURA, FLORIDA AND YGRENE, ENERGY FUND FLORIDA, LLC, THIRD PARTY ADMINISTRATOR FOR THE GREEN CORRIDOR PROPERTY ASSESSMENT CLEAN ENERGY (PACE) DISTRICT THIS INDEMNIFICATION AGREEMENT(the "Agreement") is entered into this day of , 2018 by and between the CITY OF AVENTURA, a Florida municipal corporation (the "City"), and YGRENE ENERGY FUND FLORIDA, LLC, ("YGRENE") the third party administrator of the Green Corridor Property Assessment Clean Energy (PACE) District(the"District"), collectively, the"Parties." WHEREAS,the City and the District have proposed to enter into an agreement to authorize the District to operate within the boundaries of the City for the purposes of providing a Property Assessed Clean Energy(PACE) program; and WHEREAS, YGRENE is the third party administrator for the District, and YGRENE would be operating on behalf of the District within the City; and WHEREAS, YGRENE is a Florida limited liability corporation; and WHEREAS, YGRENE has agreed to provide the City with a separate indemnification agreement for the benefit of the City. NOW, THEREFORE, the City and YGRENE hereby enter into the following Agreement: 1. The foregoing recitals are incorporated into this Agreement and approved. 2. YGRENE shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims,demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by YGRENE or its employees, agents, servants, partners, principals, administrators, subcontractors, or agents. YGRENE shall pay all claims and losses in connection therewith and shall investigate and defend all claims,suits or actions of any kind or nature in the name of the City,where applicable,including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. YGRENE expressly understands and agrees that any insurance protection shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees,agents and instrumentalities as herein provided. 3. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. The Parties agree that the exclusive venue for any lawsuit arising from, EXHIBIT D-2 related to,or in connection with this Agreement shall be in the state courts of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, the United States District Court for the Southern District of Florida or United States Bankruptcy Court for the Southern District of Florida, as appropriate. IN WITNESS WHEREOF,the Parties have executed this Agreement as of the date first written above. ATTEST: CITY CLERK CITY OF AVENTURA, FLORIDA By: By: Ellisa L. Horvath, MMC City Manager Approved as to form and legality: By: Weiss Serota Helfman Cole&Bierman, P.L. City Attorney ATTEST: YGRENE ENERGY FUND FLORIDA, LLC By: By: Print Name: Print Name: Approved as to form and legality: By: Print Name: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Joanne Carr, Interim City Manag;% DATE: August 28, 2018 SUBJECT: Law Enforcement Mutual Aid Agreement Between the City and the City of Hallandale Beach September 4, 2018 City Commission Meeting Agenda Item 52 RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing execution of the Law Enforcement Mutual Aid Agreement with the City of Hallandale Beach. BACKGROUND In order to improve cooperative relationships between law enforcement agencies and provide a mechanism to share police resources in the event of emergencies or certain demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows agencies to enter into Police Services Mutual Aid Agreements. The various departments use a basic Mutual Aid Agreement. The following list comprises the circumstances and conditions under which mutual aid may be requested: 1. The joint multijurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from disturbances within detention facilities. 7. Hostage and barricade subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back-ups to emergency and in-process calls, pursuits, and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events, e.g., sporting events, concerts, parades fairs, festivals and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization for specialized units, e.g., underwater recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol, and police information. 15. Joint training in areas of mutual need. 16. Joint multi-jurisdictional marine interdiction operations. The Agreement is beneficial in our mission to protect the safety and quality of life of our residents. RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF HALLANDALE BEACH FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized on behalf of the City of Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between the City of Aventura and the City of Hallandale Beach for law enforcement activities in substantially the form as attached hereto. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described in Section 1 above, and to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Gladys Mezrahi Mayor Enid Weisman City of Aventura Resolution No. 2018- PASSED AND ADOPTED this 4th day of September, 2018. END WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 MUTUAL AID AGREEMENT WITNESSETH WHEREAS, it is the responsibility of the governments of the City of Aventura, Florida, and the City of Hallandale Beach, Florida (collectively, the "Parties")to ensure the pubic safety of their citizens by providing adequate levels of police service to assess any foreseeable routine or emergency situation;and WHEREAS, there is an existing and continuing possibility of the occurrence of law enforcement problems and other natural man-made conditions which are,or likely to be,beyond the control of the services,personnel, equipment,or facilities of the Aventura Police Department and the Hallandale Beach Police Department (collectively, the "Agencies");and WHEREAS, the Parties are so located in relation to each other that it is to the advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to: (I) Intensive situations including, but not limited to emergencies as defined under Section 252.34(3),Florida Statutes;and (2) Continuing, multi-jurisdictional law enforcement problems, so as to protect the public peace and safety, and preserve the lives and property of the people;and WHEREAS, the Parties have authority under Part I of Chapter 23, Florida Statutes,the Florida Mutual Aid Act,to enter into: (I) A requested operational assistance agreement for the requesting and rendering of assistance in law enforcement intensive situations and emergencies; and (2) A voluntary cooperation agreement for assistance of a routine law enforcement nature that crossesjurisdictional lines. NOW, THEREFORE, BE IT KNOWN that the City of Aventura, a political subdivision of the State of Florida and the City of Hallandale Beach, a political subdivision of the State of Florida, in consideration for mutual promises to render valuable aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions: SECTION I: DESCRIPTION This Agreement provides for the requesting and rendering of assistance for both routine and law enforcement intensive situations and combines elements of both a voluntary cooperation agreement and a requested operational assistance agreement, as described in Chapter 23,Florida Statutes. SECTION II: PROVISIONS FOR VOLUNTARY COOPERATION The Chief of Police for the City of Aventura and the Chief of Police for the City of Hallandale Beach (collectively "Agency Heads") may execute a joint declaration, enumerating the specific conditions under which aid may be requested or rendered pursuant to this Agreement (the "Joint Declaration"). Subsequent to execution, a Joint Declaration shall be filed with the clerks of the respective political subdivisions and shall thereafter become part of this Agreement. The Joint Declaration may be amended at any time upon the mutual assent of the Agency Heads. SECTION III: POLICY AND PROCEDURE (a) In the event that a party to this Agreement is in need of assistance as set forth above, an authorized representative of the Agency requiring assistance shall notify the Agency,Agency Head,or his/her designee from whom such assistance is required. The Agency Head or authorized agency representative whose assistance is sought shall evaluate the situation and the Agency's available resources, consult with his/her supervisors if necessary and will respond in a manner he/she deems appropriate. The Agency Head's decision in this regard shall be final. (b) The resources or facilities that are assigned by the assisting Agency shall be under the immediate command of a supervising officer designated by the assisting Agency Head. Such supervising officer shall be under the direct supervision and command of the Agency Head or his designee of the Agency requesting assistance. (c) Should a violation of Florida Statutes occur in the presence of said officers representing their respective Agencies in the furtherance of this Agreement,they shall be empowered to render enforcement assistance and act in accordance with law. SECTION IV: POWERS, PRIVILEGES, IMMUNITIES AND COSTS (a) Members of the Agencies when actually engaging in mutual cooperation and assistance outside of the jurisdictional limits of Aventura or Hallandale Beach under the terms of this Agreement, shall,pursuant to the provisions of Section 23.127, Florida Statutes, have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are normally employed. (b) Each Party agrees to furnish the necessary equipment, resources, and facilities and to render services to each other Party to the Agreement as set forth above; provided however, that no Party shall be required to deplete unreasonably its own equipment, resources, facilities, and services in furnishing such mutual aid. (c) The Agency furnishing any equipment pursuant to this Agreement shall bear the loss or damages to such equipment and shall pay any expense incurred in the operation and maintenance thereof. (d) The Agency furnishing aid pursuant to this section shall compensate its appointees/employees during the time such aid is rendered and shall defray the actual travel maintenance expenses of such employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. HOWEVER, if the requesting Agency receives compensation from the Federal Emergency Management Agency (FEMA), the requesting Agency may compensate the assisting Agency during the time of the rendering of such aid and may defray the actual travel and maintenance expenses of such employees while they are rendering such aid, including any amounts paid or due for compensation as a result of personal injury or death while such employees are rendering such aid as pertains to this Agreement. (e) All of the privileges and immunities from liability, exemption from laws, ordinances and roles, and all pension, insurance,relief,disability,worker's compensation, salary, death and other benefits which apply to the activity of such officers, agents or employee of any such agency when performing their respective functions within the territorial limits of their respective public agencies shall apply to them to the same degree,manner, and extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this Agreement. The provisions of section shall apply with equal effect to paid,volunteer, and reserve employees. (f) Nothing herein shall prevent the requesting Agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting Agency for any actual costs or expenses incurred by the assisting agency performing hereunder when assistance is requested under this Agreement. SECTION V: FORFEITURE It is recognized that during the course of the operation of the Agreement, property subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes, may be seized. Seized property shall be forfeited and equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. SECTION VI: INDEMNIFICATION Each Party engaging in any mutual cooperation and assistance,pursuant to this Agreement, agrees with respect to any suit or claim for damages resulting from any and all acts, omissions, or conduct of such party's own employees occurring while engaging in rendering such aid pursuant to this agreement, to hold harmless, defend and indemnify the other participating party and its appointees or employees, subject to provisions of Section 768.28, Florida Statutes, where applicable, and provided such party shall have control of the defense of any suit or claim to which said duty to indemnify applies. SECTION VII: EFFECTIVE DATE This Agreement shall take effect upon execution and approval by the hereinafter-named officials, shall apply retroactively from and after January 1, 2018, and shall continue in full force and effect until the expiration of a period of five(5) years from said date, unless terminated prior thereto by any or all of the Parties herein. The December 21, 2012 letter from the City of Hallandale, which indicated acceptance of the City of Aventura's proposal to extend the prior Mutual Aid Agreement that expired on January 1,2013, is hereby ratified by the signing o f this Agreement. SECTION VIII: CANCELLATION This agreement may be cancelled by any Party upon delivery of written notice to the other Party or Parties. Cancellation will be at the direction of any subscribing Party. IN WITNESS WHEREOF,the Parties hereto cause these presents to be signed of the date specify:. IIII • �u.. u I I I� '. Ro:\ Carly V ( 1 ( I . -rccuWlL &w ---_. Cit anager , Tatty'i rYI Cit-/Ma rwvp{ City of Hallandale Beach City of Aventura Date: 0111"6lt p Date: tinones Bryan Pegues Chief of Police Chief of Police City of Hallandale Beach City of Aventura Date: Zkb 45 Date: ATTEST: ATTEST: a o _ n GuilEllisa L. Horvath,MMC I Clerk City Clerk Hallandale H :eh - Aventura, FL Approved as to Form and Suf ' '-ncy II is I ie . Ci Attorney JOINT DECLARATION BETWEEN THE CITY OF AVENTURA AND THE CITY OF HALLANDALE BEACH PURSUANT TO A MUTUAL AID AGREEMENT A police officer of either of the participating law enforcement agencies shall be considered to be operating under the provisions of the mutual aid agreement when: • Participating in law enforcement activities that are preplanned and approved by each respective agency head; or Appropriately dispatched in response to a request for assistance from the other law enforcement agency. In compliance with and under the authority of the Mutual Aid Agreement heretofore entered into by the City of Aventura, Florida and the City of Hallandale Beach, Florida, it is hereby declared that the following list comprises the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant to the agreement. Said list may be amended or supplemented from time to time as needs dictate by subsequent declarations. 1. Joint multi-jurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials,political conventions, labor disputes, and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to,acts of sabotage. 6. Escapes from or disturbances within detention facilities. 7. Hostage and barricaded subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control,back-ups to emergency and in-progress calls,pursuits, and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events, e.g., sporting events, concerts,parades, fairs, festivals and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization of specialized units, e.g., underwater recovery, aircraft, canine,motorcycle, bomb, crime scene,marine patrol, and police information. 15. Joint training in areas of mutual need. 16.Joint multi-jurisdictional marine interdiction operations. The following procedures will apply in mutual aid operations: 1. Mutual aid requested or rendered will be approved by the Chief of Police or designee. 2. Specific reporting instructions for personnel rendering mutual aid should be included in the request for mutual aid.In the absence of such instructions, personnel will report to the ranking on-duty supervisor on the scene. 3. Communications instructions will be included in each request for mutual aid. 4. Incidents requiring mass processing of arrestees, transporting prisoners, and operating temporary detention facilities will be handled per established procedures. �• AGREED TO AND ACKNOWLEDGED this /3 day of ,Ju(21 ,2018. a Quinones Bryan Pegues Chief of Police Chief of Police City of Hallandale Beach City of Aventura Date: —7113(1 8 • Date: ATTEST: ATTEST: ;.�.+ �J Jenor,•, -' .Guil en Ellisa L. Horvath, MMC Ci - Jerk City Clerk Hallandale c :, • Aventura, FL Approved as to form and Approved as to form and legal sufficiency: legal sufficiency: �„ t��� _ ?it Attorney City Attorney it of Hallandale Beach, FL City of Aventura, FL /- Date: t iIR\l`le� Date: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Joanne Carr, Interim City Manage /ti. DATE: August 28, 2018 SUBJECT: Law Enforcement Mutual Aid Agreement Between the City and the City of Sweetwater September 4, 2018 City Commission Meeting Agenda Item bl RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing execution of the Law Enforcement Mutual Aid Agreement with the City of Sweetwater. BACKGROUND In order to improve cooperative relationships between law enforcement agencies and provide a mechanism to share police resources in the event of emergencies or certain demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows agencies to enter into Police Services Mutual Aid Agreements. The various departments use a basic Mutual Aid Agreement. The following list comprises the circumstances and conditions under which mutual aid may be requested: 1. The joint multijurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from disturbances within detention facilities. 7. Hostage and barricade subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back-ups to emergency and in-process calls, pursuits, and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events, e.g., sporting events, concerts, parades fairs, festivals and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization for specialized units, e.g., underwater recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol, and police information. 15. Joint training in areas of mutual need. The Agreement is beneficial in our mission to protect the safety and quality of life of our residents. RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF SWEETWATER FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized on behalf of the City of Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between the City of Aventura and the City of Sweetwater for law enforcement activities in substantially the form as attached hereto. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described in Section 1 above, and to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Gladys Mezrahi Mayor Enid Weisman City of Aventura Resolution No. 2018-_ PASSED AND ADOPTED this 4th day of September, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 MUTUAL AID AGREEMENT BETWEEN THE CITY OF SWEETWATER AND THE CITY OF AVENTURA Whereas, it is the responsibility of the governments of the City of Sweetwater. and the City of Aventura, to ensure the public safety of their citizens by providing adequate levels of police services to address any foreseeable routine or emergency situation; and Whereas, because of the existing and continuing possibility of the occurrence of law enforcement problems and other natural and man-made conditions which are, or are likely to be, beyond the control of the services, personnel, equipment, or facilities of the City of Sweetwater Police Department or the City of Aventura Police Department; and Whereas, in order to ensure that the resources of these law enforcement agencies will be adequate to address any and all these conditions, to protect the public peace and safety, and to preserve the lives and property of the people of the City of Sweetwater and the City of Aventura;and Whereas, City of Sweetwater and the City of Aventura have the authority under Chapter 23,Florida Statutes, the"Florida Mutual Aid Act,"to enter into this Mutual Aid Agreement. NOW, THEREFORE, BE IT KNOWN that the City of Sweetwater and the City of Aventura, municipal corporations of the State of Florida, by and through their undersigned representatives, in consideration for mutual promises to render valuable aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions: L $bort title. Mutual Aid Agreement. 2. Descriution• This Mutual Aid Agreement ("Agreement") provides for the requesting and rendering of assistance for both routine and law enforcement intensive situations; thus, this Agreement combines the elements of both a voluntary cooperation agreement and a requested operational assistance agreement, as described in Chapter 23, Florida Statutes. 1 ' Page 3. Definitions: a. Joint Declaration: A document which enumerates the various conditions or situations where aid may be requested or rendered pursuant to this Agreement, as determined by concerned police agency heads. Subsequent to execution by the concerned agency heads, the joint declaration shall be filed with the clerks of the respective municipalities and shall thereafter become part of this Agreement. Said declaration may be amended or supplemented by mutual agreement at any time, upon filing a subsequent declaration with the clerks of the respective municipalities. A copy of the Joint Declaration is attached hereto as Exhibit"A." b. Law Enforcement Agencies: The Police Department of the City of Sweetwater and/or the Police Department of the City of Aventura. c. Agency Head: Either the Chief of the City of Sweetwater Police Department or the Chiefs designees; and the Chief of the City of Aventura Police Department, or the Chiefs designees. d. Participating Municipal Police Department: The Police Department of any municipality in Sweetwater-Dade County, Florida, that has approved and executed this Agreement upon the approval of the governing body of that municipality. e. Certified Law Enforcement Employee: Any law enforcement employee certified as provided in Chapter 943, Florida Statutes. 4. Onerations: a. In the event that a party to this Agreement is in need of assistance as specified in the applicable joint declaration, an authorized representative of the Police Department requiring assistance shall notify the Agency from whom such assistance is requested. The authorized Agency Representative whose assistance is sought shall evaluate the situation and his/her available resources, and will respond in a manner 2IPage deemed appropriate. The Agency Head's decision in this regard shall be final. b. Each party to this Agreement agrees to furnish necessary manpower, equipment, facilities and other resources and to render services to the other party as required to assist the requesting party in addressing the situation which caused the request; provided, however, that no party shall be required to deplete unreasonably its own manpower, equipment, facilities, and other resources and services in rendering such assistance. c. The Agency Heads of the participating Law Enforcement Agencies, or their designees. shall establish procedures for giving control of the mission definition to the requesting Agency, and for giving tactical control over accomplishing any such assigned mission and supervisory control over all personnel or equipment provided pursuant to this Agreement to the providing Agency. 5. rowers. Privileges. Immunities, and Costs: a. All employees of the participating Law Enforcement Agencies, including Certified Law Enforcement Employees, during such time that said employees are actually providing aid outside of the jurisdictional limits of the employed municipality pursuant to a request for aid made in accordance with this Agreement, shall, pursuant to the provisions of Chapter 23, Florida Statutes, have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the municipality in which they are normally employed. Should a violation of Florida law occur in the presence of a Certified Law Enforcement Employee representing his/her respective Law Enforcement Agency in furtherance of this Agreement, he/she shall be empowered to render enforcement assistance and act in accordance with Florida law. 31 Page b. Each party agrees to furnish equipment, resources and facilities, and to render services to the other party to this Agreement as provided for herein; provided, however, that no party shall be required to unreasonably deplete its own equipment, resources, facilities and services in furnishing such mutual aid. c. The municipality having financial responsibility for the Law Enforcement Agency providing services, personnel, equipment, or facilities pursuant to provisions of this Agreement shall bear any loss or damage to same and shall pay any and all expenses incurred in the maintenance and operation of same. d. The municipality having financial responsibility for the Law Enforcement Agency providing aid pursuant to this Agreement shall compensate all of its employees rendering aid pursuant to this Agreement during the time of the rendering of such aid and shall defray actual travel and maintenance expenses of such employees while they are rendering such aid. Such compensation shall include any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid, and also include all benefits normally due such employees. Notwithstanding the foregoing, if the requesting Law Enforcement Agency receives compensation from the Federal Emergency Management Agency, the requesting Law Enforcement Agency may compensate the assisting Law Enforcement Agency during the time of the rendering of such aid and may defray the actual travel and maintenance expenses of the Certified Law Enforcement Employees while they are rendering such aid, including any amounts paid or due for compensation as a result of personal injury or death while such Certified Law Enforcement Employees are rendering such aid pursuant to this Agreement. d. All of the privileges and immunities from liability, exemption from ordinances and rules, and all pension, insurance, relief, disability, workers' compensation, salary, death, and other benefits which apply to 41Page the activity of such officers, agents, or employees of any such agency when performing their respective functions within the territorial limits of their respective agencies shall apply to them to the same degree, manner, and extent while engaged in the performance of their functions and duties extraterritorially under the provisions of this Agreement. The provisions of this Agreement shall apply with equal effect to paid and auxiliary employees. f. Nothing herein shall prevent the Agency requesting assistance under this Agreement to request supplemental appropriations from its City Council to reimburse the assisting Agency for any actual costs or expenses incurred in providing such assistance. 6. jndemnification• The municipality having financial responsibility for the Law Enforcement Agency providing aid pursuant to this Agreement agrees to hold harmless, defend, and indemnify the requesting Law Enforcement Agency and its municipality in any suit, actions, or claim for damages resulting from any and all acts or conduct of employees of said providing Agency while providing aid pursuant to this Agreement, subject to Chapter 768, Florida Statutes, where applicable. Nothing contained in this Agreement shall be construed or interpreted to be a waiver of sovereign immunity by either party. 7. forfeitures. It is recognized that during the course of the operation of this Agreement, property subject to forfeiture under the Florida Contraband Forfeiture Act, may be seized. The property shall be seized, forfeited, and equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency, less the costs associated with the forfeiture action. Any participating agency must request sharing, in writing before the entry of the Final Order of Forfeiture, or they will be barred from claiming any portion of the property forfeited. The agency pursuing the forfeiture action shall have the exclusive right to control and the responsibility to maintain the property, including, but not limited to, the complete discretion to bring the action, or to dismiss the action, or settlement. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. 5 ' Page 8. Conflicts: Any conflicts between this Agreement and the Florida Mutual Aid Act will be controlled by the provisions of the latter, whenever conditions exist that are within the definitions and provisions in Chapter 23, Florida Statutes. 9. Effective Date and Duration: This Agreement shall be in effect from date of signing by both parties, through and including. March 31, 2023. Under no circumstances may this Agreement be renewed, amended, or extended except in writing. 10. Cancellation: This Agreement may be canceled by either party upon sixty (60) days written notice to the other party. AGREED T AND>,KNO W LEDGED this 2 L day of March,2018. Orlando Lope -- ayor roanne CAVY InMCvim CI-1-7 McIntire. City of Sweetwater, Florida City of Aventura, Florida Date: 3-2t-ZdV Date: iletaticti Bryan Pegues Chief of Police Chief of Police City of Sweetwater, Florida City of Aventura, Florida Date: 3- 2. 2--1-a/ S'' Date: Attest: Attest: _ arm�Garcia Ellisa L. Horvath City Clerk City Clerk City of Sweetwater, Florida City of Aventura, Florida Date: 3-2 i - 2-.17 Date: Approved.as to form and legal sufficiency: Approved as to form and legal sufficiency: Gulrmo Cuadra City Attorney City Attorney Date: 3_nt-_ Z• ,'r Date: Wage EXHIBIT "A" JOINT DECLARATION OF THE CHIEF OF POLICE OF THE CITY OF SWEETWATER POLICE DEPARTMENT AND THE CHIEF OF POLICE OF THE CITY OF AVENTURA POLICE DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT A Police Officer of either of the participating Law Enforcement Agencies shall be considered to be operating under the provisions of the Mutual Aid Agreement when: • Participating in law enforcement activities that are pre-planned and approved by each respective Agency Head, or • Appropriately dispatched in response to a request for assistance from the other law enforcement agency. In compliance with and under the authority of the Mutual Aid Agreement heretofore entered into by the City of Sweetwater and the City of Aventura, it is hereby declared that the following list comprises the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant to the Agreement. Said list may be amended or supplemented from time to time, as needs by subsequent declarations. I) Joint multi-jurisdiction criminal investigations. 2) Civil affray or disobedience, disturbance, riots, large protest demonstrations, controversial trials, political conventions, labor disputes, and strikes. 3) Any natural disaster. 4) Incidents that require rescue operations and crowd traffic control measures including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous, waste spills,and electrical power failures. 5) Terrorist activities including, but not limited to, acts of sabotage. 6) Escapes from or disturbances within detention facilities. 7) Hostage and barricaded subject situations,and aircraft piracy. 8) Control of major crimes scenes, area searches, perimeter control, backups to emergency and in-progress calls, pursuits, and missing persons' calls. 9) Enemy attack. 10)Transportation of evidence requiring security. 7IPage I I)Major events; e.g., sporting events, concerts, parades, fairs, festivals, and conventions. 12)Security and escort duties for dignitaries. 13)Emergency situations in which one agency cannot perform its functional objective. 14)Incidents requiring utilization of specialized units; e.g., underwater recovery, aircraft, canine, motorcycle, bomb, crime scene, marine patrol, and police information. 15)Joint training in areas of mutual need. 16)Participating in exigent situations, without the need for a formal request, which situations are spontaneous occurrences such as area searches for wanted subjects, perimeters, crimes in progress, escaped prisoners, traffic stops near municipal boundaries, request for assistance when no available units are nearby, calls or transmissions indicating an officer is injured, calls indicating a crime or incident has occurred in which a citizen may likely be injured and the assisting municipality is closer to the area than the officer receiving the call. 17)Mutual enforcement of all existing applicable laws and ordinances and exercise of arrest powers within the area comprising the respective jurisdictional municipal boundaries. The following procedures will apply in mutual aid operations: 1) Mutual aid requested or rendered will be approved by the Chief of Police designee. Specific reporting instructions for personnel rendering mutual aid should be included in the request for mutual aid. In the absence of such instructions, personnel will report to the ranking On- duty Supervisor on the scene. 2) Communications instructions will be included in each request for mutual aid and the Miami Dade Police Department Communications Bureau will maintain radio contact with the involved Agencies until the mutual aid situation has ended. 3) Incidents requiring mass processing of arrestees, transporting prisoners, and operating temporary detention facilities will be handled per established procedures. SIGNATURES ON FOLLOWING PAGE] 81 Page Pl." '4 sidorlr Bryan Pegues Chief o 'olice Chief of Police City of Sweetwater, Florida City of Aventura, Florida Date: .3-1.2 -P-o/Y Date: Attest: / Attest: r Carmen Garci` Ellisa L. Horvath City CI- City Clerk City of Sweetwater, Florida City of Aventura, Florida Date: 3 - 2'L —1-6( v Date: Approved as to form and Approved as to form and Legal sufficiency: legal sufficiency: Guillermo City Attorney City Attorney Date: 7-22- - -� ' Date: 91 Page CITY OF AVENTURA DEPARTMENT OF PUBLIC WORKS AND TRANSPORTATION MEMORANDUM TO: City Commission FROM: Joanne Carr, AICP, Interim City Manag , BY: Antonio F. Tomei, Capital Projects Manager kid THRU: Joseph S. Kroll, Public Works & Transportation Directornr, DATE: August 14, 2018 17rfY SUBJECT: Off-System Construction and Maintenance Agreement Miami Gardens Drive/NE 186th ST and Biscayne Boulevard Roadway Realignment September 4, 2018 City Commission Meeting Agenda Item 5P Recommendation It is recommended that the City Commission adopt the attached Resolution authorizing execution of the Off-System Construction and Maintenance Agreement with the Florida Department of Transportation (FDOT) for realignment of Miami Gardens Drive at Biscayne Boulevard. Background The Florida Department of Transportation has developed construction drawings to realign Miami Gardens Drive east bound to lessen the deflection and make for a more linear connection as you cross Biscayne Boulevard to access Miami Gardens Drive/NE 186Th Street east of Biscayne. In addition, the project will include safety enhancements inclusive of a pedestrian crosswalk across Biscayne Boulevard on the south leg of the intersection. The major points of the Agreement are as follows: 1. The City is in agreement it is in the best interest of both parties to realign the roadway as described and will fully cooperate with FDOT for improvements they will make within City right-of-way on NE 186"' Street east of Biscayne Boulevard. 2. Upon completion of the project, the City will assume all maintenance responsibilities within the NE 186Th Street right-of-way. The City's engineering consultant has reviewed the project design plans as requested by FDOT and is in accordance with the proposed improvements. If you have any questions or need any additional information, please feel free to contact me. RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN OFF- SYSTEM CONSTRUCTION AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF AVENTURA AND FLORIDA DEPARTMENT OF TRANSPORTATION TO ALLOW FOR REALIGNMENT AND SAFETY ENHANCEMENTS OF MIAMI GARDENS DRIVE AT BISCAYNE BOULEVARD; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is authorized to execute and otherwise enter into that certain Off-System Construction and Maintenance Agreement attached hereto between the City of Aventura and the Florida Department of Transportation to provide realignment and safety enhancements of Miami Gardens Drive at Biscayne Boulevard. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall 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 Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Gladys Mezrahi Mayor Enid Weisman City of Aventura Resolution No. 2018-_ PASSED AND ADOPTED this 4th day of September, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 FM#430808-3-52-01 Page 1 of 10 OFF-SYSTEM CONSTRUCTION AND MAINTENANCE AGREEMENT Between STATE OF FLORIDA,DEPARTMENT OF TRANSPORTATION ("DEPARTMENT") and CITY OF AVENTURA, a municipal corporation of the State of Florida ("CITY") THIS AGREEMENT is made and entered into as of , 2018, by and through the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida (the "Department"), and CITY OF AVENTURA, a municipal corporation of the State of Florida (the "City"), collectively referred to as the"Parties." RECITALS A. Upon approval of the Department's Work Program by the State of Florida Legislature, and adoption by the Department Secretary, the Department shall complete the various projects included in the Department Work Program; and B. Included in the Department Work Program is Project Number FM#430808-3-52-01 on SR 860/Miami Gardens Drive/NE 186 Street at the intersection with SR-5/US-1/Biscayne Boulevard (the"Project"),which Project entails work on a road not on the State Highway System; and C. The City is the custodian or holder of ownership rights to Miami Gardens Drive, NE 185 Street east of Biscayne Boulevard, a road not on the State Highway System; and D. The Parties agree that it is in the best interest of each party for the Department to undertake and to complete all aspects of the Project, including but not limited to, the design, construction, construction inspection, utilities,permits, easements and other associated tasks; and E. The Parties further agree that it is in the best interest of each party to enter into this Agreement in order to allow the Department to construct and complete the Project. FM#430808-3-52-01 Page 2 of 10 TERMS NOW THEREFORE, in consideration of the premises, the mutual covenants and other valuable considerations contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: I. The recitals in this Agreement are true and correct, and incorporated into and made a part hereof. 2. The Parties agree that the Department intends to undertake and complete project number FM# 430808-3-52-01, on SR 860/Miami Gardens Drive at the intersection with SR-5/US-I/Biscayne Boulevard ("Project Limits"), an intersection safety improvement project, which include pavement widening and resurfacing, replacement of signals and installation of backplates, signing, reconstruction of a concrete medians, relocation of drainage inlets, pull boxes, and retrofitting and relocation of existing lighting. The Project improvements on Miami Gardens Drive, NE 185 Street east of Biscayne Boulevard, a road not on the State Highway System, referred to as the"Local Roadway Improvements", are the following: a) median reconstruction and minor roadway widening for approximately 200 feet to correct the horizontal alignment of Miami Gardens Drive through the intersection with Biscayne Boulevard; b) milling, resurfacing, and restriping pavement markings for approximately 200 feet east of the intersection with SR 5/US-1/Biscayne Blvd.; c) approximately 200 feet of sidewalk replacement; d) relocation of one light pole on Miami Gardens Drive, and retrofit of three roadway luminaires on decorative poles along Biscayne Blvd with LED fixtures; e) replacement of existing drainage structures in the widening area. The Project shall further include all activities associated with, or arising out of the construction of the Local Roadway Improvements. The Department will secure any necessary approvals or permits from Miami-Dade County, if applicable. The City shall cooperate with and shall support the Department's work efforts with respect to the Local Roadway Improvements. The Department will design and construct the Project in accordance with all applicable federal and 2 FM#430808-3-52-01 Page 3 of 10 state laws and regulations and in accordance with Department design and construction standards as set forth in the Department's guidelines, standards, and procedures. The Department shall have final decision authority with respect to the design, the design review process, and construction of the Local Roadway Improvements, and the relocation of any utilities that the Department may determine to be required, but shall coordinate with the City as set forth in Paragraphs 3 and 4. 3. The Parties acknowledge and agree that the City will review the Project Design Plans ("PDP") and shall submit its comments, if any, via Electronic Reviewer Comments ("ERC".) The Department shall provide the City access to the ERC, and the Department shall use the ERC to submit the Project Design Plans for the City to review. When the Department places the Project Design Plans in the ERC, the Department will designate a Comment Due Date and a Response Due Date. The City shall submit its comments with regards to the Project Design Plans on or before the Comment Due Date, and the Department shall respond to the City's comments, if any, on or before the Response Due Date. If the City does not submit its comments by the Comment Due Date, the City will be deemed to have approved the Project Design Plans submitted by the Department. The review process for the Project Design Plans will be deemed concluded when the Department has submitted the Final Project Design Plans to the ERC, and the Comment Due Date and Response Due Date for the Final Project Design Plans have passed, and the Department has addressed all of the City's comments that were submitted through the ERC. Once the review process is concluded, the City shall authorize its Public Works and Transportation Department to issue a permit ("the Permit"), as may be necessary, to the Department's construction Contractor, authorizing the construction of the Department's Project in accordance with the Final Project Design Plans submitted through the ERC. The City acknowledges and agrees that, during construction of the Local Roadway Improvements, the Department will only utilize the services of law enforcement officers when required by the Department's Standard Specifications for Road and Bridge Construction, and no additional requirements will be imposed. The City agrees that the Permit will not impose any conditions other than those included in this Agreement, and the terms of this Agreement supersede any conflicting terms in the Permit. Additionally, the City waives any permit fees that may apply to issuance of the Permit. 3 FMN 430808-3-52-01 Page 4 of 10 Major Modifications of the approved plans must be submitted to the City for review. A Major Modification is any modification that materially alters the kind or nature of the work depicted in the approved plans, or that alters the integrity or maintainability of the Local Roadway Improvements, or related components. The City's review shall be within the reasonable time schedule proposed by the Department, in order to avoid delay to the Department's construction contract. In the event that any Major Modifications are required during construction, the Department shall provide to the City email written notification to the Director of Public Works and Transportation of the City prior to commencing the construction work. Such notification is not subject to the provisions of Paragraph 20 herein, and the same shall include a Comment Due Date as designated by the Department. The Department shall take into consideration any comments timely submitted by the City, with the understanding that any such comments and/or required changes during construction shall not delay nor affect the timely construction schedule of the Project. If the City does not submit comments by the Comment Due Date, the City shall be deemed to have approved the modification submitted by the Department, The Department shall be entitled to proceed with any modifications that are necessary to complete the construction of the Project and/or that are unavoidable. The Department shall use its best efforts to avoid any Major Modifications during construction. 4. The City agrees to fully cooperate with the Department in the construction, reconstruction and relocation of utilities that are located within the City's municipal right-of-way, within the Project Limits. Utility relocations, if any, which may be required by the Department for purposes of the Project, shall be done in accordance with the Department's guidelines, standards and procedures. The Department shall submit the proposed Utility Relocation Schedule to the City. Utility relocations, if any, shall be done in accordance with the provisions of Chapter 337, F. S. Additionally, the City agrees to fully support the Department in the removal of any encroachments or permitted improvements located within the City's right of way, within the Project Limits, that are in conflict with the Project. The Department shall coordinate with the City for the removal of any such encroachments or permitted improvements, at no cost to the City,which may be required as a result of the Project. 5. The City acknowledges that the Department will be utilizing federal funds to construct the Project, and as a result thereof, the City agrees to perpetually maintain the Local Roadway 4 FM#430808-3-52-01 Page 5 of 10 Improvements. To maintain means to perform normal maintenance operations for the preservation of the Local Roadway Improvements, which shall include but is not limited to, roadway surfaces, shoulders, roadside structures, drainage, signing and pavement markers, and such traffic control devices as are necessary for the safe and efficient use of the Local Roadway Improvements, such as signing and pavement markings. The City, however, shall not be responsible for the maintenance of traffic signal devices, since those are maintained by the Department through a maintenance agreement with Miami-Dade County. Additionally, the Parties understand and agree that the Department shall transfer the Permit(s) to the City as the operational maintenance entity, and the City agrees to accept said transfer and to be fully responsible to comply with all operational and maintenance conditions of the Permit(s), at its sole cost and expense. Notwithstanding the requirements hereof, maintenance during construction shall be the responsibility of the Department and its Contractor, as set forth in paragraph 9 of this Agreement. 6. The Parties acknowledge and agree that the City's right-of-way and the improvements and structures located within the City's right-of-way, are and will remain under the ownership or custody of the City , and that the Department will not have any ownership or other interest in the right-of-way, improvements, or structures located thereon or installed therein pursuant to this Project. 7. The Department shall require its construction Contractor to maintain, at all times during the construction to carry Commercial General Liability insurance providing continuous coverage for all work or operations performed under the Construction Contract. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy, or such other minimum insurance coverage that may be required by the Department for the construction of the Project, in accordance with the Department's Standards and Specifications for Road and Bridge Construction. The Department shall further cause its Contractor to name the City and the Department as additional insured Parties on the 5 FM#430808-3-52-01 Page 6 of 10 afore-stated policies, and to provide evidence of Workers' Compensation Insurance in accordance with the laws of the State of Florida and in amounts sufficient to secure the benefit of the Florida Workers' Compensation law for all employees. 8. The Department shall notify the City at least 48 hours before beginning construction within the City's right-of-way. Such notification may be provided via email to the Director of Public Works and Transportation, and the notice requirements set forth in paragraph 20 shall not apply to this paragraph. The Department agrees that the City may, at reasonable times during the construction of the Local Roadway Improvements, inspect the Contractor's construction site and perform such tcsts as are reasonably necessary to determine whether the goods or services required to be provided by the Contractor, pursuant to the Contractor's Construction Agreement with the Department, conform to the terms of said Construction Agreement. Upon request by the City, the Department shall coordinate with its Contractor to provide access to the City for performance of said inspections. During the construction work related to the Project, the City shall fully cooperate with any such work being performed by the Department and the Department's contractors. The City shall not commit nor permit any act which may delay or interfere with the performance of any such work by the Department or the Department's contractors, unless the Department agrees in writing that the City may commit or permit said act, or unless such act is due to a declared City emergency or unless such act(s)are of a regulatory nature within the normal course of business for an agency or department of the City. 9. Maintenance within the Project Limits during construction, commencing as of the first date of construction, shall be the responsibility of the Department's Contractor. After completion of construction, the City shall assume all maintenance responsibilities. Upon completion of construction, the Department will invite the City on the Final Inspection of the work within the Project Limits, and will incorporate legitimate City concerns that are within the scope of the contract into the final Project punch list to be corrected by the Contractor. The Department shall have the obligation to assure completion of Project punch list items, if any. The Final Inspection shall be performed and the Notice of Final Acceptance shall be issued in accordance with the Department's Standard Specifications for Road and Bridge Construction and the 6 FM#430808-3-52-01 Page 7 of 10 Construction Project Administration Manual (CPAM). The City's presence at the Final Inspection, however, is not mandatory, and the Department shall conduct the Final Inspection, finalize the Project punch list, and issue a Notice of Final Acceptance to its Contractor,whether or not the City attends the Final Inspection. Upon issuance of the Notice of Final Acceptance to the Contractor, the Department shall provide a copy of said notice to the City. As of the date of the Notice of Final Acceptance, the City shall be immediately responsible for the maintenance of the Project Local Roadway Improvements, and City's right-of-way. The Department, however, shall have the right to assure completion of any punch list by the Contractor. Notwithstanding the issuance of the Notice of Final Acceptance, the City may notify the Department Project Manager of deficiencies in the Local Roadway Improvements that may be covered by the warranty provisions in the contract between the Department and its Contractor. The Department shall enforce the warranty if the remedial action is required by the warranty provisions, as determined by the Department. Upon completion of all work related to construction of the Project, the Department will be required to submit to the City final as-built plans for the Local Roadway Improvements and an engineering certification that construction was completed in accordance with the plans. Additionally, the Department shall vacate those portions of the City's right-of-way used to construct the Local Roadway Improvements, and shall remove the Department's property, machinery, and equipment from said portions of the City's right-of-way. Furthermore, the Department shall restore those portions of the City right-of-way disturbed by Project construction activities to the same or better condition than that which existed immediately prior to commencement of the construction of the Project. 10. This Agreement shall become effective as of the date both parties hereto have executed the agreement and shall continue in full force and effect until the Project is completed, as evidenced by the Department's issuance of the Notice of Final Acceptance. Prior to commencement of construction, the Department in its sole discretion may terminate this Agreement if it determines that it is in the best interest of the public to do so. If the Department elects to terminate this Agreement, the Department shall deliver formal notice of termination to the City, as set forth in paragraph 20 of this Agreement. 7 FM#430808-3-52-01 Page8 of 10 11. In the event that any election, referendum, approval, ratification, or permit, notice or other proceeding, or authorization is required to carry out the Project, the City agrees to expeditiously initiate and consummate, as provided by law, all actions reasonably necessary with respect to any such matters, with time being of the essence. 12. The Parties acknowledge and agree that the Project shall be constructed using federal funds and that all costs incurred must be in conformity with applicable federal and state laws, regulations, and policies and procedures. 13. The Department's performance and obligations under this Agreement are contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. Project costs utilizing fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. Once construction of Local Roadway Improvements has commenced, if the Project is not funded by an annual appropriation or other means, the Department shall to submit to the City final as-built plans for the Local Roadway Improvements which have been constructed, and an engineering certification that such construction was completed in accordance with the plans. 14. In the event that this agreement is in excess of$25,000, and the agreement has a term for a period of more than one year, the provisions of Section §339.135(6)(a), Florida Statutes, are hereby incorporated into this agreement and are as follows: "The department, during any fiscal year. shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during any such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding l year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph 8 FM#430808-3-52-01 Page 9 of W shall be incorporated verbatim in all contracts of the department which are for an amount in excess of$25,000 and which have a term for a period of more than I year. " 15. The Department is a state agency, self-insured and subject to the provisions of Section 768.28, Florida Statutes. Nothing in this Agreement shall be deemed or otherwise interpreted as waiving the Department's sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. The City is a Florida Municipal Corporation and subject to the provisions of Section 768.28, Florida Statutes. Nothing in this Agreement shall be deemed or otherwise interpreted as waiving the City's sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. 16. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. 17. This agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. Venue for any and all actions arising out of or in any way related to the interpretation, validity, performance or breach of this Agreement shall lie exclusively in a state court of appropriate jurisdiction in Leon County,Florida. 18. No term or provision of this Agreement shall be interpreted for or against any party because that party's legal counsel drafted the provision. 19. In accordance with Executive Order No. 11-02 the Department's Vendor/Contractor(s) shall utilize the U.S. Department of Homeland Security's E-Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of; i. all persons employed by the Vendor/Contractor during the term of the Contract to perform employment duties within Florida; and ii. all persons, including subcontractors, assigned by the Vendor/Contractor to perform work pursuant to the contract with the Department. 20. All notices required pursuant to the terms hereof, shall be in writing and shall be sent by first class United States Mail, facsimile transmission, hand delivery or express mail. Notices shall be deemed to have been received by the end of five (5) business days from the proper sending 9 FM#430808-3-52-01 Page 10 of 10 thereof unless proof of prior actual receipt is provided. Unless otherwise notified in writing, notices shall be sent to the following: To the City: City of Aventura Public Works & Transportation Director 19200 W. Country Club Drive Aventura, Fl. 33180 To the Department: Director of Transportation Operations State of Florida, Department of Transportation 1000 N.W. 1116 Avenue Miami, Florida 33172 21. This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the dates exhibited,by the signatures below. STATE OF FLORIDA CITY OF AVENTURA DEPARTMENT OF TRANSPORTATION By: By: Name: Joanne Can Name: Title: City Manager Title: Director of Transportation Operations Date: Date: Attest: Name: Ellisa Horvath Title: City Clerk i0 FMN 430808-3-52-01 Page 11 of 10 Approved as to form and legality: Department Legal Review: By: David M. Wolpin Name: City Attorney CONTRACT PLANS COMPONENTS STATE OF FLORIDA ROADWAY PLANS SIGNING AND PAVEMENT MARKING PLANS DEPARTMENT OF TRANSPORTATION S/GNAUZATION PLANS LIGHTING PLANS •fillM ; CONTRACT PLANS :�. 11/4:.•••Arne ir'Ili '+` * P.,w FINANCIAL PROJECT 10 430808-3-52-01 \ e.-To'.H<. INDEX OF ROADWAY PLANS Ik SHEET NO. SHEET DESCRJPT/ON (FEDERAL FUNDS) ,4~ '� 1 KEY SHEET r..s,•,.t... "' as 2-4 SUMMARY OF PAY lrFMS MIAMI-DADE COUNTY (87026) ..w.r.• L S-6 TYPICAL SECTIONS P N,.•WV �' '•I �v 7 TYPICAL SECTION OETAILs STATE ROAD NO. 860 ,,,,,,;..1, 8 SUMMARY OF DRAINAGE STRUCTURES MIAMI GARDENS DRIVE AT BISCAYNE BLVD. \ 9 OPTIONAL MATERIALS TABVLATiN Ni , „�rw+ 10 GENERAL NOTES yf 4 l0 10 t5 �i A NNt aRpNF HNIAYNtf ,401.440•F Il-II ROADWAY PLANS 1 Z 6EK-N BEACH BEACH I3.15 DRAINAGE STRUCTURES °t N • • —a' '11,0", 1% '••'^ '^" 16•18 SPECIAL DETAILS - ,u. 19 15 TEMPORARY TRAFFIC CONTROL PLANS WD,(F 501-50.10 SUMMARY OF QUANTITIES �, -HES uQ1 M PR7IECi LOCATION ��, CTL.;.CTL-1• PROJECT CONTROL Liw65 in ,� VEMTUA.A a BOEC 4CC UTV4-UTY-1• VEAIMIED IITIL1TV L r^*INF LOCATE SHEET(NOT INC.UDEO) ...xaa. • ...•,.. T-515 T.51.5 • 0 T.51•S T-51-5 STATION EQUATION $ SUAVE; STA 354+JG.39 BK = q 4—/, L - 'G--lit S SIA 0+00 00 AH •r'i , ' , o of :,,,, `,,L/tttnllrrf •The,.sneers are.ncwaed.n the Index Of Roadway Plans only to . 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COPY - - - T - - i 2>1 I SPACE I - I - O LnI U CC2,` COPY ' I - Y OKI 1 SPACE f - LI 'I 3 F-LX 1 2?1 uPrt taESCR/Pf(aN R6vIL ms 6ATF OESCRIn10N AAA ALESSMIDRI PE STATE OF FLORIDA SHEET r PE N0.75506 DEPARTNE.\T OF TRAMP0RT.4770L10NO ALVAREZ ENGINEERS.INC TE.�IPOARY TRAFFIC W 1 10305 NW 41 ST.SUITE 103 ROAD NO COtPffr PINARCI4/.100/E0?ID 4, 0064lL 3117$ SR PLANS 25 y I CERTIIICATS OF AUTHORIZATION.7333 SR 660 141414I-0ADE 430BOB 3.51-0i (MrIi•••• , I..; I175!7 a. ,l]1/4O.620.•,••••.,0..,•V CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Joanne Carr, Interim City Manager BY: Brian K. Raducci, Finance Director DATE: August 16, 2018 SUBJECT: Resolution Setting Forth the Ranking of Banks to Provide Banking Services. September 4, 2018 Commission Meeting Agenda Item 5-& Recommendation It is recommended that the City Commission adopt the attached Resolution which sets forth the ranking of Banks to provide the City's banking services. Background As you are aware, the City currently has a relationship with Bank of America Merrill Lynch ("BOA") to provide its banking services. Due to fairly recent increases in the interest rate environment, at the April 19, 2018 Workshop, the City Commission asked the Administration to review our current banking relationship with BOA. Additionally, the City Commission requested that the Administration issue an RFP for Banking Services to determine if there was an opportunity for the City to earn additional interest earnings on its idle cash balances held by the bank while maintaining compliance with Section 218.415, F.S. and the City's Investment Objectives and Parameters policy. The City had last gone through a similar process in February/March 2012. The City's operating funds are currently maintained in a Full Analysis Business Checking Account which receives a monthly earnings credit based on our balance which is utilized to offset our monthly bank charges. The City's account is part of the collateral pool. Deposits for this account are collateralized under that arrangement. The pool is covered based on BOA's required collateral amounts with the Florida Pool. In addition to obtaining additional interest earnings, the RFP sought to ensure that the City would have the greatest opportunity to attain cost competitive services while optimizing the latest technology utilized in the governmental banking industry. When we prepared the RFP, our goal was to obtain sufficient information from all Proposers in order to evaluate them from both a quantitative and qualitative perspective. Upon our collective review, the Evaluation Committee believes that we have met this goal. 1 On May 25, 2018, the City issued RFP # 18-06-26-2 Banking Services for the City of Aventura and was advertised in the following manner to maximize distribution: • Advertised in the Daily Business Review. • Made available from DemandStar at www.demandstar.com (our contracted vendor) who automatically notifies subscribed vendors (by fax or email) whose commodity codes are associated with the requested service. • Directly emailed the RFP to several banks. On June 26, 2018 sealed proposals were opened from the following banks: • BankUnited • Florida Community Bank • TD Bank, N.A. • Capital Bank • City National Bank • Bank of America Merrill Lynch Pursuant to the RFP, the proposals were reviewed by an Evaluation Committee, consisting of Commissioner Robert Shelley, Eric M. Soroka of CMCS Consulting Services LLC and the City's Finance Director and Controller, in accordance with the following criteria: Criteria Point Range 1. Cost of services as well as transaction time, investment earnings rate and compensating balance requirements will be evaluated based on the proposal summary 0-50 2. Ability to provide the type and quality of services requested 0-30 3. Prior experience in providing banking services to governments, including organizational structure available to service the City 0-15 4. Other financial services available from the bank above and beyond those enumerated 0-05 Maximum Points 100 As a result of the Committee's initial evaluation, the following four responsive bidders were selected to make presentations on August 8, 2018: • BankUnited • Florida Community Bank • TD Bank, N.A. • City National Bank 2 Quantitative Perspective As requested, each bank proposed specific charges for various services and a compensating balance that would be required to eliminate these monthly costs. In addition, each bank provided an interest rate that could be applied to any funds above and beyond the compensating balance in order to maximize interest earnings on funds that would not be immediately needed to cover operational needs. Qualitative Perspective The Committee obtained information regarding each bank's proximity to the Government Center, their organization, financial strength, quality of personnel, experience with local governments and ability to perform all of the requested services. After all four presentations were made, the Committee felt confident that any one of the banks was capable of providing the City's requested banking services. To assist us with our quantitative analysis, a "COMPARATIVE SUMMARY SCHEDULE" was prepared, that compares the various banks' monthly/annual cost of services, the compensating balance required to eliminate such charges, as well as the interest rate and the interest earnings that may be generated from any idle cash balances. This schedule is shown on Page 4 of this staff report. Ranking & Justification Although the Committee believed that all four banks are well qualified and capable of providing the City's banking services, in accordance with the RFP we have ranked the top three banks in the following order (with "1" being the best) in connection with the criteria listed above and as more fully described below: 1. TD Bank, N.A. 2. Florida Community Bank 3. BankUnited As demonstrated on the following COMPARATIVE SUMMARY SCHEDULE, TD Bank N.A. appears to lead the others in terms of the net cost of banking services and the projected additional interest earnings (approximately $177,000/year) that may be generated from any temporarily idle cash balances. Additionally, although all of the bank presentations were good, the Committee collectively believed that TD Bank, N.A. appeared to have the organization, financial strength, quality of personnel, experience with local governments and the ability to perform all of the requested services that would be the best fit for the City's needs. 3 COMPARATIVE SUMMARY SCHEDULE Florida Community Criteria y TD Bank, NA Bank Bank United Estimated Monthly Bank Charges S 1,720.05 S 1. 132 08 S 949.97 Estimated Annual Bank Charges S 20,640.60 $ 13,584.96 $ 11,399.64 Estimated Compensating Balance(ECB) to Eliminate Monthly Bank Charges S 1,167,360.83 S 1,800.000.00 S 1,242,785.75 City's Projected Target Bank Balance S 10,000.000.00 S 10,000,000.00 S 10,000,000.00 Projected Balance Available for Investment with the Bank $ 8,832,639.17 S 8.200.000.00 S 8,757,214.25 Proposed Interest Rate by Bank on Balance Availble for Investment 2.00% 2.00% 1.80% Projected Annual Additional Interest Earnings $ 176,652.78 $ 164,000.00 S 157,629.86 Other Financial Services In light of the above analysis, at this time staff believes that it is in the City's best interest to change its banking services from BOA to TD Bank, N.A. and recommends that the Commission approve the attached resolution establishing a ranking of banks to provide banking services. If needed, a copy of the RFP, all bank submittals and other supporting documents are available for your review. Assuming adoption of the attached resolution by the City Commission, Committee representatives will negotiate a contract with the first-ranked bank. If they are unable to negotiate a satisfactory contract with that bank, they will formally terminate negotiations with that bank and then undertake negotiations with the second-ranked bank. If negotiations with the second-ranked bank are unsuccessful, negotiations will be formally terminated with that bank and undertaken with the third-ranked bank. Negotiations with the other ranked banks shall be undertaken in the same manner. It is staffs intent to present a contract for banking services for the City Commission's approval at the October 2, 2018 City Commission Meeting. I 1 4 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ESTABLISHING A RANKING OF BANKS TO PROVIDE BANKING SERVICES; AUTHORIZING THE CITY MANAGER OR HER DESIGNEE(S) TO NEGOTIATE FOR SAID SERVICES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Aventura, in accordance with applicable State law, has requested proposals from banks to provide banking services to the City; and WHEREAS, said proposals were evaluated by an Evaluation Committee consisting of Commissioner Robert Shelley, Eric M. Soroka of CMCS Consulting Services LLC and the City's Finance Director and Controller; and WHEREAS, said Evaluation Committee recommends that the top three ranked banks, based on the banks' cost of services, transaction time, investment earnings rate and compensating balance requirements; ability to provide the type and quality of services requested; prior experience in providing banking services to governments, including organizational structure available to service the City; and other financial services available from the bank above and beyond those enumerated, be: 1). TD Bank, N.A. 2). Florida Community Bank, and 3). BankUnited; and WHEREAS, the City Commission desires to authorize the City Manager or her designee(s) to negotiate fees with the top ranked bank and with the alternate bank(s), should negotiations with the top ranked bank be unsuccessful. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The ranking of banks to provide banking services for the City are: 1) TD Bank, N.A. 2) Florida Community Bank 3) BankUnited City of Aventura Resolution No. 2018- Section 2. The banks have been rated on their cost of services, transaction time, investment earnings rate and compensating balance requirements; ability to provide the type and quality of services requested; prior experience in providing banking services to governments, including organizational structure available to service the City; and other financial services available from the bank above and beyond those enumerated. The final cost shall be negotiated by the City Manager or her designee(s) and approved by the City Commission prior to said bank beginning any work for which the City may later be billed. Section 3. In the event the City is unable to come to favorable terms and fees with the top ranked bank, the City Manager or her designee(s) is/are hereby authorized to negotiate fees with the alternate banks. 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. 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 Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Gladys Mezrahi Mayor Enid Weisman Page 2 of 3 City of Aventura Resolution No. 2018-_ PASSED AND ADOPTED this 4th day of September, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: City Commission FROM: Joanne CarrAICP, Interim City Manage . BY: Kimberly Merchant, Community Services Directo DATE: August 27, 2018 SUBJECT: City of Aventura Parks Landscape Maintenance Se ices IFB No. 18-08-09-2 I September 4, 2018 City Commission Meeting Agenda Item ,7 Recommendation: It is recommended that the City Commission adopt the attached Resolution awarding IFB No. 18-08-09-2 City of Aventura Parks Landscape Maintenance Services to the lowest, responsible and responsive bidder; Lukes' Landscaping, Inc. with a base bid of $389,800.20 annually. Background: The bidding process was in accordance with the City's Purchasing Ordinance. Bids for this maintenance contract were solicited, advertised and opened on Monday, July 9, 2018 at 3 PM. Three qualified bids were received as follows: Luke's Landscaping, Inc. $389,800.20 Annually BrightView Landscape Maintenance Services, Inc. $431,220.88 Annually Superior Landscaping & Lawn Service, Inc. $1,010,358.00 Annually The bid is based on pricing for landscape and maintenance services, supplies and labor for the parks landscape maintenance services. This is a three year term contract with the City having sole rights to extend the contract for one (1) additional three (3) year term. A reference check of the lowest, responsible, and responsive bid resulted in a positive recommendation. City Commission August 27, 2018 Page 2 The company will be required to post the appropriate insurance and bonds and all work will be subject to regular review and inspections by the Community Services Department and the City's Landscape Architect. Funding: This contract will be funded through Community Services Department account No. 001-5001-539-34.52 Landscape/Tree Maintenance Services — Parks and the proposed operating budget for FY 2018-19 is funded for this contract. The contract is effective October 1, 2018. KSM Attachments: Exhibit"A" Bid Tabulation RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR IFB NO. 18-08-09-2, CITY OF AVENTURA PARKS LANDSCAPE MAINTENANCE SERVICES TO LUKES' LANDSCAPING, INC. FOR THE INDIVIDUAL BID PRICE AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACT; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. 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 for IFB No. 18-08-09-2, CITY OF AVENTURA PARKS LANDSCAPE MAINTENANCE SERVICES; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's invitation to bid/notice to bidders, specifications, proposals and requirements for the project/work as cited above; and WHEREAS, staff has determined that Lukes' Landscaping, Inc., has submitted the lowest responsible and responsive bid for said project/work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1.That bid/contract for IFB No. 18-08-09-2, CITY OF AVENTURA PARKS LANDSCAPE MAINTENANCE SERVICES is hereby awarded to Lukes' Landscaping, Inc., at the bid price as contained in the attached bid document. City of Aventura Resolution No. 2018- 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 subject Invitation for Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3. That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4. That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Budget Line Item Number 001-5001-539-34.52. 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 Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Gladys Mezrahi Mayor Enid Weisman Page 2 of 3 City of Aventura Resolution No. 2018-_ PASSED AND ADOPTED this 4th day of September, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 Exhibit"A" Bid Tabulation City of Aventura Parks Landscape Maintenance Services Bid#18-08-09-2 BID TABULATION Bid Opening after 2:00 PM on Thursday,August 9,2018 NAME ITEM# ITEM TOTAL Superior Landscaping& Founders Park-North Landscape Lawn Service,Inc. 1 Maintenance Services $6,276.00.00 x 52 weeks=$326,352.00 Total Cost Per Year Founders Park-South Landscape 2 Maintenance Services $2,63100.00 x 52 weeks=$136,812.00 Total Cost Per year Veterans Park Landscape 3 Maintenance Services $2,551.00 x 52 weeks—$ 132,652.00 Total Cost Per year Waterways Park Landscape 4 Maintenance Services $2,900.00 x 52 weeks=$150,800.00 Total Cost Per year Waterways Dog Park Landscape 5 Maintenance Services $ 1,584.00 x 52 weeks 82,368.00 Total Cost Per year Peace Park Landscape Maintenance 6 Services $2,667.00.00 x 52 weeks=$138,684.00 Total Cost Per year Arthur I.Snyder Memorial Park Landscape Maint Serv.(Bermuda 7 Turf Only) $345.00 x 52 weeks=$17,940.00 Total Cost Per year Unit price shall be delivered and in-place:includes removal of prior Season Color:Replacement,41/2" n's flowers,fertilization,new soil and soil amendments, and 8 pot,full 3,200 x 3 changes per year pre- emergent herbicide as per specifications. $ 2.75 x 9,000 per year=$24,750.00 TOTAL Total of Items 1 through 8 constitute BASE BID the base services $1,010,358.00 NAME ITEM ITEM TOTAL Luke's Landscaping, Founders Park-North Landscape Inc. 1 Maintenance Services $2,153.85.00 x 52 weeks=$112,000.20' Total Cost Per Year Founders Park-South Landscape 2 Maintenance Services $98077 x 52 weeks=$51,000.04' Total Cost Per year Veterans Park Landscape 3 Maintenance Services $942.31 x 52 weeks=S49,000.12' Total Cost Per year Waterways Park Landscape 4 Maintenance Services $2,000.00 x 52 weeks=$104000.00 Total Cost Per year Waterways Dog Park Landscape 5 Maintenance Services $519.23 x 52 weeks=$26,999.96' Total Cost Per year Peace Park Landscape Maintenance 6 Services 5457.69 x 52 weeks=$23,799.88' Total Cost Per year Arthur I.Snyder Memorial Park Landscape Maint.Serv.(Bermuda 7 Turf Only) $200.00 x 52 weeks=$10,400.00 Total Cost Per year Unit price shall be delivered and In-place:includes removal of prior Season Color:Replacement,41/2" season's flowers,fertilization,new soil and soil amendments, and 8 pot,full 3,200 x 3 changes per year pre-emergent herbicide as per specifications. $1.40 x 9,000 per year=$12,600.00 TOTAL Total of Items 1 through 8 constitute BASE BID the base services $389,800.10' Page 1 of 2 City of Aventura Parks Landscape Maintenance Services Bid#18-08-09-2 NAME ITEM It ITEM TOTAL BrightView Landscape Services, Founders Park-North landscape Inc. 1 Maintenance Services $2,618.64 x 52 weeks=$136,169.28 Total Cost Per Year Founders Park-South Landscape 2 Maintenance Services $497.83 x 52 weeks=$25,887.16 Total Cost Per year Veterans Park Landscape 3 Maintenance Services $746.25 x 52 weeks=$38,83300 Total Cost Per year Waterways Park Landscape 4 Maintenance Services $2,632.03 x 52 weeks $136,865.56 Total Cost Per year Waterways Dog Park Landscape 5 Maintenance Services $811.94 x 52 weeks=$42,220.88 Total Cost Per year Peace Park landscape Maintenance 6 Services $645.78 x 52 weeks—$33,580.56• Total Cost Per year Arthur I.Snyder Memorial Park 7 Landscape Maint.Sew.(Bermuda $71.47 x 52 weeks=$3,716.44 Total Cost Per year Season Color Replacement,41/2" 8 pot,full 3,200 x 3 changes per year Unit price shall be delivered and in-place:includes removal of $1.55 x 9,000 per year=$13,95e00TOTAL Total of Items 1 through 8 constitute BASE BID the base services $431,220.884 NOTE: Brithvlew Landscape -Item N6=extension cost should be$33,580.56 and change Total Base Bid to$431,220.88 W kes'Landscape-following Items has error with extension and Total Base Bid is$389,800.20 #1=$112,000.20 #2=$51,000.04 #3=$49,000.12 #5=$26,999.95 #6=$23,799.88 Rank Bidder Base Bid 1 Lukes'Landscaping,Inc. $389,800.20 2 BrightVlew landscape Services, Inc. $ 431,220.88 3 Superior Landscaping&Lawn Service,Inc. $1,010,358.00 Offers listed from the vendors herein are the only offers received timely as of the above opening date and time. All other offerssubmittedin response to this solicitation, if any,are hereby rejected as late. ((�� p Name: �`aA� L / / (0 Indra arju dat gE Page 2 of 2 CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission (ACES Board of Directors) FROM: Joanne Carr, Interim City Manager BY: Brian K. Raducci, Finance Director DATE: August 30, 2018 SUBJECT: Special Purpose Financial Report for ACES FY June 30, 2018 September 4, 2018 City Commission Meeting Agenda Item •5 .2 Recommendation It is recommended that the City Commission approve the following motion: "Motion to accept for filing the Special Purpose Financial Report for the Aventura City of Excellence School for the fiscal year ended June 30, 2018 and to accept for filing that letter dated August 29, 2018 attached hereto as Attachment 1." Background The Special Purpose Financial Report (the "Report") for the Aventura City of Excellence School ("ACES") was electronically distributed to the Mayor and Commissioners on August 30, 2018 along with our memorandum. In addition, a letter dated August 29, 2018 ("Attachment 1") from our auditors — Caballero Fierman Llerena & Garcia, LLP was attached to the Commission agenda for your review. In compliance with Florida Statute 218.39, the Report is required to be submitted to the governing board. As a result, the Report will be filed as an official record at a public meeting through a motion that will be made at the September 4th Commission Meeting. In addition, the auditors have requested that their letter ("Attachment 1") be accepted for filing with the City Commission. A representative from Caballero Fierman Llerena & Garcia, LLP will be present at the meeting. However, since the Report is the responsibility of the City, I respectfully request that any questions be discussed with the City Manager prior to the meeting. CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission (ACES Board of Directors) FROM: Joanne Carr, Interim City Manager BY: Brian K. Raducci, Finance Director DATE: August 30, 2018 SUBJECT: Aventura City of Excellence School (the "School") Special Purpose Financial Report Background As required by State law and our Charter School Contract with the Miami-Dade County Public School District, we have prepared the Aventura City of Excellence School's (the "School's") financial statements (the "Report") for the fiscal year ended June 30, 2018 (attached). This Report encompasses the School's 15th year of operations and was audited by Caballero Fierman Llerena & Garcia, LLP. The Report complies with Generally Accepted Accounting Principles ("GAAP"), which includes Governmental Accounting Standard Board ("GASB") Statement No 34. The cover reflects that the Report contains the "Special Purpose Financial Report" for the "Aventura City of Excellence School, a Special Revenue Fund of the City of Aventura, Florida." As a result, the School's financial operations will be reflected in the City's Comprehensive Annual Financial Report for the fiscal year ended September 30, 2018, as well as in this Report. The key schedules in this Report include the: 1. Statement of Revenues, Expenditures and Change in Fund Balance — Governmental Fund (page 12), and the; 2. Schedule of Revenues and Expenditures and Change in Fund Balance Budget and Actual — Special Revenue Fund, (page 25). Please note that on page 25, revenue and expenditures (Actual Amounts GAAP Basis Column), aggregated $9,502,305 and $9,686,728 respectively. The difference between revenue and expenditures of $184,423 results in a net decrease in fund balance from $2,467,486 to $2,283,063 at June 30, 2018. It is important to note that the actual use of fund balance, primarily due to the re-roofing of the Elementary School Wing, was Page(2) Aventura City of Excellence School Special Purpose Financial Statements less than the budgeted amount of$473,640 by $289,217. Actual expenditures (on a budgetary basis) totaled $9,686,728 or 98.84% of the total budget amount of$9,800,719. The balance of the Report contains the School's statements and a narrative on a GASB 34 basis. The purpose of the GASB 34 governmental financial statements is to more closely resemble the financial statements of non-governmental entities. Therefore, page 8 contains a Statement of Net Position which is reconciled to the Balance Sheet at the bottom of page 11. Similarly, the Statement of Activities (page 9) reflects a change in net position which is reconciled to the Statement of Revenues, Expenditures and Change in Fund Balance of the Governmental Fund at the bottom of page 13. Whether you look at the School's operations from either a GASB 34 non-governmental basis (pages 8 — 9) or a traditional governmental basis (pages 10, 12 and 25), the School continues to operate well both from an educational and financial perspective. The auditor letter dated August 29, 2018 is also required to be distributed to the City Commission by generally accepted auditing standards and was therefore attached to the September 4, 2018 City Commission Meeting Agenda. The reports contained on pages 27 — 29 of the Special Purpose Financial Report are required by generally accepted auditing standards and the Rules of the Auditor General of the State of Florida. Please note that none of these documents contain any negative comments about the School's or City's operations. Future Actions In compliance with Florida Statute 218.39, the Report is required to be submitted to the governing board. As a result, the Report will be filed as an official record at a public meeting through a motion that will be made at the September 4(h Commission Meeting. Upon your review of this memorandum, please contact the City Manager with any questions you may have. Attachment 1 C CABALLERO FIERMAN LLERENA GARCIA LLP L (� v accountants I advisors August 29, 2018 Honorable Mayor and Members of the City Commission City of Aventura, Florida Aventura City of Excellence School (a Special Revenue Fund of the City of Aventura, Florida) Aventura, Florida We have audited the financial statements of the governmental activities, and the major fund of Aventura City of Excellence School (a Special Revenue Fund of the City of Aventura) (the "School") as of and for the fiscal year ended June 30,2018. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards and Government Auditing Standards, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to you dated May 15, 2018. Professional standards also require that we communicate to you the following information related to our audit. Significant Audit Matters Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies.The significant accounting policies used by the School are described in Note 2 to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during the fiscal year 2018. We noted no transactions entered into by the School during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. Accounting estimates are an integral part of the financial statements prepared by management and are based on managements knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected.There were no sensitive estimates affecting the financial statements. Certain financial statement disclosures are particularly sensitive because of their significance to financial statement users.The most sensitive disclosures affecting the financial statements were: The disclosure of fair value measurements in Note 4 to the financial statements. The disclosure of Commitments and Contingencies in Note 7 to the financial statements. The disclosure of Related Party Transactions in Note 8 to the financial statements. The financial statement disclosures are neutral, consistent, and clear. Difficulties Encountered in Performing the Audit We encountered no difficulties in dealing with management in performing and completing our audit. Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are clearly trivial,and communicate them to the appropriate level of management. There were no corrected or uncorrected misstatements of the financial statements. Disagreements with Management For purposes of this letter,a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction,that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management representation letter dated August 29, 2018. Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a"second opinion" on certain situations. If a consultation involves application of an accounting principle to the School's financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the School's auditors. However,these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. Other Matters We applied certain limited procedures to the management's discussion and analysis and budgetary comparison information, which are required supplementary information (RSI) that supplements the basic financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the RSI and do not express an opinion or provide any assurance on the RSI. Restriction on Use This information is intended solely for the information and use of Legislative Auditing Committee, members of Florida Senate and the Florida House of Representatives, Federal and other granting agencies, the Mayor, Commission Members, School's management, the Auditor General of the State of Florida and School Board of Miami-Dade County and is not intended to be,and should not be, used by anyone other than these specified parties. Very truly yours, Ca6afeen fiernraq antra & clam a, ZIP Caballero Fierman Llerena& Garcia, LLP Coral Gables, Florida mmmml AVENTURA CITY OF EXCELLENCE SCHOOL ' Special evenue Fund of City of Aventura, Florida r� �ta 4&1A .; Special Purpose • • For • • June 30, 2018 fSIABIISNED Y003 O�. ��,�/� It IENCE ,, FL0�1 AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) BASIC FINANCIAL STATEMENTS AND SUPPLEMENTAL INFORMATION FOR THE YEAR ENDED JUNE 30, 2018 AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) BASIC FINANCIAL STATEMENTS AND SUPPLEMENTAL INFORMATION TABLE OF CONTENTS JUNE 30, 2018 PAGES Independent Auditors' Report 1-2 Management's Discussion and Analysis (Unaudited) 3-7 Basic Financial Statements: Government-wide Financial Statements: Statement of Net Position 8 Statement of Activities 9 Governmental Fund Financial Statements: Balance Sheet-Governmental Fund 10 Reconciliation of the Balance Sheet of Governmental Fund to the Statement of Net Position 11 Statement of Revenues, Expenditures and Change in Fund Balance 12 Reconciliation of the Statement of Revenues, Expenditures and Change in Fund Balance of the Governmental Fund to the Statement of Activities 13 Notes to Basic Financial Statements 14-24 Required Supplementary Information(Unaudited): Schedule of Revenues and Expenditures and Change in Fund Balance Budget and Actual 25 Notes to Required Supplementary Information 26 Compliance Section: Independent Auditors' Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of the Financial Statements Performed in Accordance with Government Auditing Standards 27 Management Letter in Accordance with the Rules of the Auditor General of the State of Florida 28-29 INDEPENDENT AUDITORS' REPORT MMCABALLERO HERMAN LLERENA GARCIA LLP ©M accountants I advisors INDEPENDENT AUDITORS' REPORT Honorable Mayor and Members of the City Commission City of Aventura, Florida Aventura City of Excellence School (a Special Revenue Fund of the City of Aventura, Florida) Aventura, Florida Report on the Financial Statements We have audited the accompanying financial statements of the governmental activities and the major fund of the Aventura City of Excellence School (the "School") (a Special Revenue Fund of the City of Aventura, Florida), as of and for the fiscal year ended June 30, 2018, and the related notes to the financial statements, which collectively comprise the School's basic financial statements as listed in the table of contents. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement,whether due to fraud or error. Auditors' Responsibility Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditors' judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the School's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the School's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Opinions In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities and the major fund of the Aventura City of Excellence School, as of June 30, 2018, and the respective changes in financial position for the fiscal year then ended in accordance with accounting principles generally accepted in the United States of America. Emphasis of a Matter As explained in Note 1 to the financial statements, the financial statements being presented are only for the School referred to above, which is a special revenue fund of the City of Aventura, Florida. The financial statements do not include the financial statements of the City of Aventura, Florida. Accordingly, the accompanying financial statements are not intended to present the financial position of the City of Aventura as of June 30,2018 or its changes in financial position and cash flows for the fiscal year then ended in conformity with accounting principles generally accepted in the United States of America. 1 4649 Ponce de Leon Blvd I Suite 404 1 Coral Gables, FL 33146 T,305.662.7272 F:305.662.4266 1 CFLGCPA.COM Other Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management's discussion and analysis and budgetary comparison information on pages 3 through 7 and 25 and 26 be presented to supplement the basic financial statements. Such information, although not part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated August 29, 2018, on our consideration of the School's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the School's internal control over financial reporting and compliance. caxalle-o «ewewa & �'awc�a, LLQ' Caballero Fierman Llerena&Garcia, LLP Coral Gables, Florida August 29, 2018 2 4649 Ponce de Leon Blvd I Suite 404 1 Coral Gables, FL 33146 T,305.662.7272 F:305.662.4266 1 CFLGCPA.COM MANAGEMENT'S DISCUSSION AND ANALYSIS (Unaudited) AVENTURA CITY OF EXCELLENCE SCHOOL MANAGEMENT'S DISCUSSION AND ANALYSIS JUNE 30, 2018 Our discussion and analysis of the Aventura City of Excellence School's (the "School")financial performance provides an overview of the School's financial activities for the fiscal year ended June 30, 2018. Please read it in conjunction with the School's basic financial statements which immediately follow this discussion. Overview of the Basic Financial Statements This discussion and analysis is intended to serve as an introduction to the School's basic financial statements. The basic financial statements are comprised of three components: 1) government-wide financial statements, 2) fund financial statements, and 3) the notes to financial statements. This report also includes required supplementary information intended to furnish additional detail to support the basic financial statements themselves. Government-wide financial statements The government-wide financial statements, which consist of the statement of net position and the statement of activities, are designed to provide readers with a broad overview of the School's finances, in a manner similar to a private-sector business. The statement of net position presents financial information on all of the School's assets, liabilities, and deferred inflows/outflows of resources, with the difference reported as net position. Over time, increases or decreases in net position may serve as a useful indicator of whether the School's financial position is improving or deteriorating. However, as a governmental entity, the School's activities are not geared toward generating profit as are the activities of commercial entities. Other factors such as the safety at the School and quality of education, must be considered in order to reasonably assess the School's overall performance. The statement of activities presents financial information and shows how the School's net position changed during the most recent fiscal year. All changes in net position are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods. Fund financial statements A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The School has only one (1)category of funds—governmental funds. Governmental funds are used to account for essentially the same functions reported as governmental activities in the government-wide financial statements. However, unlike the government-wide financial statements, governmental fund financial statements focus on near-term inflows and outflows of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in assessing the School's near-term financing requirements. Because the focus of governmental funds is narrower than that of the government-wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government-wide financial statements. By doing so, readers may better understand the long-term impact of the School's near-term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures and change in fund balance provide a reconciliation to facilitate this comparison between the governmental fund and governmental activities. Notes to the basic financial statements The notes provide additional information that is essential to a full understanding of the data provided in the government-wide and fund financial statements. Required supplementary information In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information concerning the School's adopted budget to actual results. 3 AVENTURA CITY OF EXCELLENCE SCHOOL MANAGEMENT'S DISCUSSION AND ANALYSIS JUNE 30, 2018 Government-Wide Financial Analysis As noted earlier, net position over time, may serve as a useful indicator of financial position. The following table presents a comparative analysis of the condensed government-wide statements of net position: Aventura City of Excellence School Summary of Net Position 2018 2017 Variance %Variance Assets: Current assets $ 3,201,009 $ 3,127,618 $ 73,391 2.3% Capital assets, net of depreciation 1,644,879 1,567,255 77,624 5.0% Total assets 4,845,888 4,694,873 151,015 32% Liabilities: Current liabilities 939,849 678,092 261,757 38.6% Noncurrent liabilities 65,709 53,880 11,829 22.0% Total liabilities 1,005,558 731,972 273,586 37.4% Net position: Investment in capital assets 1,644,879 1,567,255 77,624 5.0% Unrestricted 2,195,451 2,395,646 (200,195) -8.4% Total net position $ 3,840,330 $ 3,962,901 $ (122,571) -3.1% Current assets increased mainly due to an increase in pooled cash, cash equivalents and investments. Capital assets, net of depreciation, increased due primarily to the re-roofing of the Elementary School Wing. The increase in total liabilities is due to the short-term effect of year-end accounts payable and accrued expenses. Resources that are subject to external restrictions on how they may be used are classified as restricted assets. As of June 30, 2018 and 2017, the School had no restricted assets. The remaining unrestricted balance may be used in any of the School's ongoing operations. 4 AVENTURA CITY OF EXCELLENCE SCHOOL MANAGEMENT'S DISCUSSION AND ANALYSIS JUNE 30, 2018 Government-Wide Financial Analysis(Continued) The following table presents comparative information of the condensed government-wide statements of changes in net position: Aventura Cityof Excellence School Summaryof Changes in Net Position 2018 2017 Variance %Variance Revenues: General revenues $ 7,692,934 $ 7,522,668 $ 170,266 2.3% Program revenues: Charges for services 882,021 875,148 6,873 0.8% Operating grants and contributions 334,496 330,608 3,888 1.2% Capital grants and contributions 592,854 395,578 197,276 49.9% Total revenues 9,502,305 9,124,002 378,303 4.1% Expenses: Instruction 5,738,571 5,280,019 458,552 8.7% Instructional media services 72,992 78,844 (5,852) -7.4% Operation of facility 2,218,312 2,012,388 205,924 10.2% School administration 1,266,172 1,224,164 42,008 3.4% Pupil transportation services 186,840 191,240 (4,400) -2.3% Community services 141,989 133,669 8,320 6.2% Total expenses 9,624,876 8,920,324 704,552 7.9% Change in net position $ (122,571) $ 203,678 $ (326,249) -160.2% • General revenues increased by approximately 2.3% primarily due to a higher than anticipated increase in funding for education approved by the State Legislature. • Program revenues (capital grants and contributions) increased by approximately 49.9% primarily due to a new funding source (i.e., Local Capital Improvement Revenue) that was made available from the Florida Legislature in 2017. • Total expenses, increased by approximately 7.9%primarily related to: o the salary increases in the teacher's pay plan that is in accordance with Florida Statute 1012.22. o the School continued to maximize the use of technology embedded in classroom instruction as well as in a lab setting. o capital expenditures related primarily to the re-roofing of the Elementary School Wing. 5 AVENTURA CITY OF EXCELLENCE SCHOOL MANAGEMENT'S DISCUSSION AND ANALYSIS JUNE 30, 2018 Financial Analysis of the School's Funds As noted earlier, the School uses fund accounting to maintain control over resources that have been segregated for specific activities or objectives. The focus of the School's governmental funds is to provide information on near-term inflows, outflows and balances of spendable resources. Such information is useful in assessing the School's financing requirements. In particular, unassigned fund balance may serve as a useful measure of the School's net resources available for spending at the end of the fiscal year. As of the end of fiscal year 2017/18 the School's governmental fund reported an ending fund balance of$2,283,063. The fund balance that is unassigned and available for spending at the School's discretion is $2,271,102. These funds will be available for the School's future ongoing operations. The fund balance decreased by $184,423 from the prior year. Budgetary Highlights The 2018/19 school year represents the 161h year of operations for ACES. This past year a great deal of time and effort was expended on professional development and curriculum alignment based on Florida's State Standards, increasing parental involvement, integration of science, technology, engineering, arts and math ("STEAM"), intramural and competitive sport programs and identifying and working with at-risk students. This year we will maintain and expand all our present academic programs with a continued emphasis on professional development and implementation related to the Florida State Standards. Capital Assets and Debt Administration As of June 30, 2018, the School had an investment in capital assets of $1,644,879. This amount is net of accumulated depreciation of$1,396,204. This amount represents a net increase of$77,624 or 4.95%. The School has no outstanding debt. Economic Factors Facts, decisions or conditions that are expected to have a significant effect on the financial position or results of operations of the School in fiscal year 2018/19 include the following: • Over the past years, the School has continually demonstrated that it can operate as a high performing school that provides quality educational services for our students, within the school-based revenues. We have also been fortunate to have had a very involved parent base that participates in fund-raising activities for school improvements. The following items represent important highlights: • Teacher salary increases reflect the previously adopted performance pay plan in accordance with Florida Statute 1012.22, rewarding teachers who are rated effective and highly effective. • One additional staff position has been approved. This new staff member (i.e., Instructional Technology Coach) will provide imbedded professional development related to one-to-one computing. In addition, the Instructional Technology Coach will provide professional development for all Kindergarten through eighth grade teachers related to the meaningful integration of technology to support the acquisition of twenty-first century skills while mastering Florida State Standards. • Funds have been budgeted to provide for interactive classroom lesson software and an extension of the one- to-one computing to include fifth and sixth grade students. The technology expansions will include additional laptops, computer replacements and interactive televisions. 6 AVENTURA CITY OF EXCELLENCE SCHOOL MANAGEMENT'S DISCUSSION AND ANALYSIS JUNE 30, 2018 Economic Factors(Continued) The overall budget increased by$248,571 or 2.62%, largely due to increases in personnel costs and enhancements to our technology equipment. The budget includes funding for lease payments to the Debt Service Fund to pay annual costs associated with the long-term debt borrowed for the construction of the elementary school wing. Based on anticipated actions at the State level the FTE revenues are budgeted to increase by 1% over the current year-end projection. Requests for Information This financial report is designed to provide a general overview of the Aventura City of Excellence School's finances for all those with an interest. If you should have any questions pertaining to the information presented in this report or would like additional information, please contact the City of Aventura's Finance Director at the City of Aventura, 19200 West Country Club Drive,Aventura, Florida 33180. 7 BASIC FINANCIAL STATEMENTS AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) STATEMENT OF NET POSITION JUNE 30, 2018 ASSETS Current assets: Cash and cash equivalents $ 674,103 Investments 2,499,860 Due from other governments 15,085 Prepaid expenses 11,961 Total current assets 3,201,009 Noncurrent assets: Capital assets, net of accumulated depreciation 1,644,879 Total noncurrent assets 1,644,879 Total assets 4,845,888 LIABILITIES Current liabilities: Accounts payable 311,731 Accrued expenses 606,215 Compensated absences 21,903 Total current liabilities 939,849 Noncurrent liabilities: Compensated absences 65,709 Total noncurrent liabilities 65,709 Total liabilities 1,005,558 NET POSITION Investment in capital assets 1,644,879 Unrestricted 2,195,451 Total net position $ 3,840,330 See notes to basic financial statements 8 a = 70����cr wowo � - o _ _ moo ecewaoo � ccomwom ) $ _ � - ccc - e = r � ewocrom ea ¢ \ \5 6& 36333 3 ¥636 & & 3 = ) = = = o mwoera � ccaocae "T a t ± = e 0- R�o a �a c CO � (0 0')c CO 6 3 3 / � } x zm m 7 ( / / « f / yD _ ƒƒ / E2c §\ r r q $ � / e e > 7\ \ 5 Of ) ` 2 \ \ \ Ni ? z \ - E2 Uw � � � m > m 2 e e a w � / e , , \ , , % \ ) / E k 0 3 / / % E % w 2'2 7 / $ ( / e / 0- _ \ � c e = / o c \ 7 wQ 7 \ ® m m - o / - \ _ / E / U � \ £ e % ) - E 5 e 2E� ¥x2paaaoce Rc \ W O g \ c = r- "T cw \ c rom = c9c LLL ¥ ± / / § _ \ / / / 2 p 0 2 2 ) ƒ/ ¢/ %Q % \ 25f � eo . j pLU 2 / N/ $ _ / / / f / / 2 LU 2 ± e e / z > _ 3 } } $ � Q / w 2 LU \ > w « / Q \ L) $ $ (L \ �/ � $ [ § a) > \ / / / { \ \ e = ° e E ® a 2 / 2m §f0 C: m 0 / 2 2 a ° O e \ $ $ t = o \ 7702 = 0 LL AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) BALANCE SHEET - GOVERNMENTAL FUND JUNE 30, 2018 ASSETS Cash and cash equivalents $ 674,103 Investments 2,499,860 Due from other governments 15,085 Prepaid expenditures 11,961 Total assets $ 3,201,009 LIABILITIES Accounts payable $ 311,731 Accrued expenses 606,215 Total liabilities 917,946 FUND BALANCE Nonspendable 11,961 Assigned for subsequent year's expenditures 278,750 Unassigned 1,992,352 Total fund balance 2,283,063 Total liabilities and fund balance $ 3,201,009 See notes to basic financial statements 10 AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) RECONCILIATION OF THE BALANCE SHEET - GOVERNMENTAL FUND TO THE STATEMENT OF NET POSITION JUNE 30, 2018 Total fund balance-governmental fund $2,283,063 Amounts reported for governmental activities in the statement of net position are different because: Capital assets used in governmental activities are not financial resources; and therefore, are not reported in the governmental fund: Cost of capital assets 3,041,083 Accumulated depreciation (1,396,204) 1,644,879 Long-term liability which is not due and payable in the current period; and therefore, is not reported in the governmental fund: Compensated absences (87,612) Net position of governmental activities $3,840,330 See notes to basic financial statements 11 AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) STATEMENT OF REVENUES, EXPENDITURES AND CHANGE IN FUND BALANCE GOVERNMENTAL FUND JUNE 30, 2018 REVENUES: Federal sources $ 113,244 State sources 8,372,107 Local sources 994,157 Investment earnings 22,797 Total revenues 9,502,305 EXPENDITURES: Current: Instruction 5,738,571 Instructional media services 72,992 Operation of facility 1,751,215 School administration 1,250,400 Pupil transportation services 186,840 Community services 141,989 Capital outlay 544,721 Total expenditures 9,686,728 Excess (deficiency)of revenues over expenditures (184,423) Net change in fund balance (184,423) Fund balance, beginning 2,467,486 Fund balance, ending $ 2,283,063 See notes to basic financial statements 12 AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES AND CHANGE IN FUND BALANCE - GOVERNMENTAL FUND TO THE STATEMENT OF ACTIVITIES JUNE 30, 2018 Net change in fund balance-total governmental fund $ (184,423) Amounts reported for governmental activities in the statement of activities are different because: The governmental fund reports capital outlay as expenditures; however, in the statement of activities these costs are allocated over their estimated useful lives as provision for depreciation: Cost of capital assets 221,238 Current year provision for depreciation (143,614) Some revenues and expenses reported in the statement of activities are not reported in the governmental fund because they have no effect on current financial resources: Change in compensated absences payable (15,772) Change in net position of governmental activities $ (122,571) See notes to basic financial statements 13 NOTES TO BASIC FINANCIAL STATEMENTS AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) NOTES TO BASIC FINANCIAL STATEMENTS JUNE 30, 2018 NOTE 1 -ORGANIZATION AND OPERATIONS Aventura City of Excellence School (the "School"), is a special revenue fund of the financial statements of the City of Aventura, Florida (the "City"). The School commenced operations in August 2003 in the City and offers classes for kindergarten through eighth grade with an enrollment of 1,020 for the year ended June 30, 2018. The School is funded from public funds based on enrollment and can also be eligible for grants in accordance with state and federal guidelines, including food service and capital outlay. The School can accept private donations and the City can incur debt for the operation of the School. NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES A summary of the School's significant accounting policies is as follows: A. Reporting Entity The School operates under a charter granted by the sponsoring school district, the Miami-Dade County Public School District (the "District"). The current charter is effective until June 30, 2018 but provides for a renewal of up to 15 years by mutual agreement of both parties. In 2005, the School amended the charter to include grades six through eight. In 2012, the School amended the charter to increase the School capacity from 972 to 1032 over five years commencing with the fiscal year 2012/2013. At the end of the term of the charter, the District may choose not to renew the charter under grounds specified in the charter in which case the District is required to notify the School in writing at least 90 days prior to the charter's expiration. During the term of the charter,the District may also terminate the charter for good cause as defined. The School is owned and operated by the City, is part of the City's government and is not a separate legal entity or otherwise organized apart from the City. The City was incorporated in November 1995. The City operates under a Commission-Manager form of government. In accordance with Chapter 10.850, Rules of the Auditor General of the State of Florida, the School is required to prepare special purpose financial statements. Section 10.855(4) states that the special purpose financial statements should present the charter school's financial position including the charter school's current and capital assets and current and long-term liabilities, and net position; and the changes in financial position. The financial statements contained herein present only the operations of the School and do not purport to, and do not, present the financial position and changes in financial position of the City. Only capital assets acquired with School revenues are reported. The facility used by the School is owned by the City and the capital assets and related debt for the facilities are not included in this report. B. Basis of Presentation Based on the guidance provided in the American Institute of Certified Public Accountants, Audit and Accounting Guide — Audits of State and Local Governments and the provisions of Section 228.056(9), Florida Statutes, the School is presented as a governmental organization for financial statement reporting purposes. C. Government-wide Financial Statements The School's basic financial statements include both government-wide (reporting the School as a whole) and fund financial statements. Both the government-wide and fund financial statements categorize primary activities as either governmental or business-type. All of the School's activities are classified as governmental activities. In the government-wide statement of net position, the governmental activities column is reported on a full accrual, economic resource basis, which recognizes all current and noncurrent assets and all current and noncurrent liabilities. The School's net position is reported in three (3) categories: investment in capital assets; restricted; and unrestricted. 14 AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) NOTES TO BASIC FINANCIAL STATEMENTS JUNE 30, 2018 NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) C. Government-wide Financial Statements(Continued) The government-wide statement of activities reports both the gross and net cost of each of the School's functions. The net costs, by function, are supported by general revenues. The statement of activities reduces gross expenses by related program revenues. Program revenues must be directly associated with the function. Operating grants include operating specific and discretionary grants while the capital grants column reflects capital-specific grants. D. Fund Financial Statements The School's accounts are organized on the basis of funds. The operations of the fund is accounted for with a separate set of self-balancing accounts that comprise its assets, deferred outflows of resources, liabilities, deferred inflows of resources,fund balance, revenues and expenditures. The Charter School operating fund is a governmental fund type and is used to account for all of the School's financial transactions. E. Measurement Focus and Basis of Accounting Basis of accounting refers to the point at which revenues or expenditures/expenses are recognized in the accounts and reported in the basic financial statements. It relates to the timing of the measurements made regardless of the measurement focus applied. Governmental funds use the current financial resources measurement focus and the government-wide statement uses the economic resources measurement focus. Governmental activity in the government-wide financial statements is presented on the accrual basis of accounting. Revenues are recognized when earned and expenses are recognized when a liability is incurred. The governmental fund financial statements are presented on the modified accrual basis of accounting under which revenue is recognized in the accounting period in which it becomes susceptible to accrual (i.e., when it becomes both measurable and available). Revenues susceptible to accrual include FTE nonspecific revenue, transportation funds, capital grant funds, operating grants and contributions and investment earnings. Intergovernmental revenues are recognized when all eligibility requirements have been met, if available. "Measurable" means the amount of the transaction can be determined and "available" means collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period. For this purpose, the School considers revenues to be available if they are collected within two (2) months of the end of the current fiscal year. Expenditures generally are recorded when a liability is incurred. However, expenditures related to compensated absences are recorded only when paid from expendable available financial resources. F. Capital Assets Capital assets purchased or acquired with an original cost of $5,000 or more are capitalized at historical cost or estimated historical cost and are reported in the government-wide financial statement. Donated capital assets are valued at the estimated fair market value as of the date received. Additions, improvements and other capital outlays that significantly extend the useful life of an asset are capitalized and depreciated over the remaining useful lives of the related capital assets. Other costs incurred for repairs and maintenance are expensed as incurred. Capital assets, which include equipment acquired with state shared revenues are reported in the government-wide financial statements. Depreciation on leasehold improvements and equipment is provided on the straight-line basis over the respective estimated useful lives ranging from 15 to 25 years and 3 to 10 years, respectively. 15 AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) NOTES TO BASIC FINANCIAL STATEMENTS JUNE 30, 2018 NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) F. Capital Assets(Continued) Within governmental funds, amounts incurred for the acquisition of capital assets are reported as fund expenditures. Depreciation expense is not reported within the governmental fund financial statements. G. Deferred Outflowslinflows of Resources In addition to assets, the statement of financial position will sometimes report a separate section for deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents a consumption of net position that applies to a future period(s) and so will not be recognized as an outflow of resources (expense/expenditure) until then. The School does not have any items that qualify for reporting in this category. In addition to liabilities, the statement of financial position will sometimes report a separate section for deferred inflows of resources. This separate financial statement element, deferred inflows of resources, represents an acquisition of net position that applies to a future period(s) and so will not be recognized as an inflow of resources (revenue) until that time. The School does not have any items that qualify for reporting in this category. H. Unearned Revenue Unearned revenue arises when the School receives resources before it has a legal claim to them. I. Net Position Classifications Government-wide financial statements Net position is displayed in three (3)components: • Net investment in capital assets - consists of capital assets net of accumulated depreciation and reduced by the outstanding balances of any bonds or other borrowings that are attributable to the acquisition, construction or improvement of those assets. As of June 30, 2018, the School did not have any outstanding debt. • Restricted- consists of components of net position with constraints placed on its use either by: 1) external groups such as creditors, grantors, contributors or laws or regulations of other governments, or 2) imposed by law through constitutional provisions or enabling legislation. There are no restricted net assets as of the year-end. • Unrestricted— indicates that portion of net position that is available to fund future operations and that do not meet the definition of"restricted" or"net investment in capital assets". J. Fund Balance Classifications Fund financial statements The School follows the provisions of Governmental Accounting Standards Board ("GASB") Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions. This statement requires that governmental fund financial statements present fund balances based on classifications that comprise a hierarchy that is based primarily on the extent to which the School is bound to honor constraints on the specific purposes for which amounts in the respective governmental funds can be spent. The following classifications describe the relative strength of the spending constraints: • Non-spendable Fund Balance — amounts that are not in spendable form (such as prepaid items) or are legally or contractually required to be maintained intact. The School has classified $11,961 of prepaid items as being non-spendable as these items are not expected to be converted to cash. 16 AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) NOTES TO BASIC FINANCIAL STATEMENTS JUNE 30, 2018 NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) J. Fund Balance Classifications(Continued) • Restricted Fund Balance — amounts that are constrained to specific purposes by external providers (such as grantors, creditors, etc.) or imposed by law through constitutional provisions, or by enabling legislation. • Committed Fund Balance — amounts constrained to specific purposes by formal action of the government's highest level of decision making authority. The City Commission is the highest level of decision—making authority for the government and School that can, by adoption of an ordinance prior to the end of the fiscal year, commit fund balance. Once adopted, the limitation imposed by the ordinance remains in place until a similar action is taken (the adoption of another ordinance)to remove or revise the limitation. • Assigned Fund Balance — amounts the School intends to use for a specific purpose but are neither restricted nor committed. Assignments can be made by the City Manager, which the City Commission Members, by resolution, delegated such authority at their direction. • Unassigned Fund Balance — amounts that have not been assigned to other funds and that have not been restricted, committed, or assigned to specific purposes within the general fund. Positive amounts are only reported in the General Fund. The School has a total of $1,992,352 in Unassigned Fund Balance. The School uses restricted amounts first when both restricted and unrestricted fund balance is available unless there are legal documents/contracts that prohibit doing this, such as in grant agreements requiring dollar for dollar spending. Additionally, the School would first use committed fund balance, followed by assigned fund balance and then unassigned fund balance when expenditures are incurred for purposes for which amounts in any of the unrestricted fund balance classifications could be used. K. Encumbrances Encumbrance accounting, under which purchase orders, contracts and other commitments for the expenditure of funds are recorded in order to reserve that portion of the applicable appropriation, is employed as an extension of formal budgetary integration. Encumbrances are recorded at the time a purchase order or other commitment is entered into. Encumbrances outstanding at year-end represent the estimated amount of expenditures which would result if unperformed purchase orders and other commitments at year-end are completed. Encumbrances lapse at year-end; however, the City and School generally intends to honor purchase orders and other commitments in process. As a result, encumbrances outstanding at year-end are re-appropriated in the next fiscal year and are therefore presented as committed or assigned fund balance for the subsequent year. At June 30,2018,there were no encumbrances outstanding. L. Deposits and Investments The School's cash, cash equivalents, and investments are maintained by the City in a pooled account for all funds. This enables the City to invest large amounts of idle cash for short periods of time and to optimize earnings potential. Cash, cash equivalents, and investments represent the amount owned by the Charter School operating fund. The City is responsible for all risks related to the School's cash, cash equivalents, and investments. These risks and the City's related policies are disclosed in the Note 3. M. Post-retirement Benefits The City of Aventura provides post-employment healthcare coverage, including medical and dental benefits, to eligible individuals which consist of an implicit subsidy. The estimated liability is recorded in the financial statements of the City. No amount is allocated to the Charter School primary operating fund since the amount is deemed immaterial by management as of June 30, 2018. 17 AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) NOTES TO BASIC FINANCIAL STATEMENTS JUNE 30, 2018 NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) N. Compensated Absences The School's sick leave policy is to permit employees to accumulate earned but unused sick pay benefits. Upon termination, sick pay is paid out between 0-50% based on length of service, and other applicable limits. The School's vacation policy is that earned vacation is cumulative although limited to certain maximums based on length of service. Accumulated compensated absences are recorded in the government-wide financial statements when earned. Expenditures for accumulated compensated absences have been recorded in the governmental fund only if they have matured, (e.g., resulting from employee resignations, terminations or retirements). O. State Funding(Primary Source of Revenue) Student funding is provided by the State of Florida through the School Board of Miami-Dade County, Florida. In accordance with the Charter Agreement, the School Board retains 2% as an administrative fee. This funding is received on a pro rata basis over the twelve-month period and is adjusted for changes in full-time equivalent student population. After review and verification of Full-Time Equivalent ("FTE") reports and supporting documentation, the Florida Department of Education may adjust subsequent fiscal period allocations of FTE funding for prior year's errors disclosed by its review as well as to prevent the statewide allocation from exceeding the amount authorized by the State Legislature. Normally, such adjustments are reported in the year the adjustments are made. P. Use of Estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect certain reported amounts and disclosures.Accordingly, actual results could differ from those estimates. NOTE 3—DEPOSITS AND INVESTMENTS As discussed in Note 2, the School's cash, cash equivalents, and investments are maintained by the City in a pooled account for all funds. Deposits The City's custodial credit risk policy is in accordance with Florida Statutes. Florida Statutes authorize the deposit of City funds in demand deposits or time deposits of financial institutions approved by the State Treasurer. These are defined as public deposits. All City public deposits are held in qualified public depositories pursuant to Chapter 280, Florida Statutes, "Florida Security for Public Deposits Act." Under the act, all qualified public depositories are required to pledge eligible collateral having a market value equal to or greater than the average daily or monthly balance of all public deposits times the depository's collateral pledging level. The collateral pledging level may range from 50% to 125% depending upon the depository's financial condition and the length of time that the depository has been established. All collateral must be deposited with the State Treasurer. Any losses to public depositors resulting from insolvency are covered by applicable deposit insurance, sale of securities pledged as collateral and, if necessary, assessment against other qualified public depositories of the same type as the depository in default. The City's bank balances were insured either by the Federal depository insurance corporation or collateralized in the bank's participation in the Florida Security for Public Deposits Act. 18 AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) NOTES TO BASIC FINANCIAL STATEMENTS JUNE 30, 2018 NOTE 3—DEPOSITS AND INVESTMENTS (Continued) Deposits(Continued) The Florida SBA Pool, hereinafter referred to as "Florida PRIME", is not a registrant with the Securities and Exchange Commission ("SEC"); however, its board has adopted operating procedures consistent with the requirements for a 2a-7 fund. For the Florida PRIME, a 2a-7 like pool, the value of the City's position is the same as the value of the pool shares and is recorded at amortized cost. At June 30, 2018, the School's investment in the Florida PRIME was that of$1,554,802. In accordance with these requirements, the method used to determine the participants' shares sold and redeemed is the amortized cost method. Amortized cost includes accrued income and is a method of calculating an investment's value by adjusting its acquisition cost for the amortization of discount or premium over the period from purchase to maturity. Thus,the School's account balance in the SBA is its amortized cost. The SBA is governed by Chapter 19-7 of the Florida Administrative Code. These rules provide guidance and establish the general operating procedures for the administration of the SBA. Additionally, the Office of the Auditor General of the State of Florida performs the operational audit of the activities and investment of the SBA. The SBA accounts are not subject to custodial credit risk as these investments are not evidenced by securities that exist in physical or bank entry form. In accordance with GASB Statement No. 79, Certain External Investment Pools and Pool Participants, the School's investment in the Florida PRIME meets the definition of a qualifying investment pool that measures for financial reporting purposes all of its investments at amortized cost and should disclose the presence of any limitations or restrictions on withdrawals. As of June 30, 2018, there were no redemption fees or maximum transaction amounts, or any other requirements that serve to limit a participant's daily access to 100 percent of their account value. Investments On October 10, 2016, the City re-adopted Chapter 6.6 of the Administrative Policy and Directives and Procedures Manual, entitled "Investments Objective and Parameters," as the City's Investment Policy for the management of Public Funds ("the policy"). The policy was created in accordance with Section 218.415, Florida Statutes. The policy applies to all investments held and controlled by the City, with the exception of a defined benefit pension plan and debt issuance where there are other existing policies or indentures in effect for the investment of related funds. The City's policy for investments other than pension plan and debt issuance is summarized herein. The Finance Director has responsibility for the type of investments the City makes. The investment policy establishes permitted investments, asset allocation, issuer limits, credit rating requirements and maturity limits to protect the City's assets. All investment securities are held by a Trust custodian and are managed by financial advisors. In general, the City's policy allows to invest in the following: (1) securities and obligations of the United States and its agencies; (2) non-negotiable interest bearing time deposits or savings accounts provided that such deposits are secured by collateral as prescribed by the Florida Security for Public Deposits Act, Chapter 280, Florida Statutes; (3) repurchase agreements collateralized by full or general faith and credit obligations of the U. S. Government or Agency securities; (4) the Florida Local Government Surplus Funds Trust Fund "SBA"; (5) intergovernmental investment pools authorized pursuant to the Florida Interlocal Cooperation Act, provided by Section 163.01, Florida Statutes, and provided that such funds contain no derivatives; (6) money market mutual funds - registered investment companies with the highest credit quality rating; (7) commercial paper of any U.S. company; (8) corporate notes; (9) asset backed securities issued by corporations organized and operating within the United States or by depository institutions licensed by the United States; (10) taxable/tax exempt municipal bonds; and (11) Israel bonds. 19 AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) NOTES TO BASIC FINANCIAL STATEMENTS JUNE 30, 2018 NOTE 3—DEPOSITS AND INVESTMENTS (Continued) Investments (Continued) As of June 30,2018, the School's allocation of cash, cash equivalents and investments consisted of the following: Cash and cash equivalents Deposits and money marketfunds with financial institutions $ 673,703 Petty cash 400 $ 674,103 Investments State Board of Administration-SBA, Florida PRIME $ 1,554,802 U.S.Treasury bills 306,742 Corporate bonds 230,996 U.S.Sponsored agencies 272,491 Mortgage and asset backed securities 127,231 Foreign 7,599 $ 2,499,860 Interest rate risk The City's policy is to limit its exposure to fair value losses arising from changes in interest rates by structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity, and investing operating funds primarily in shorter-term securities, money market mutual funds or similar investment pools. This is the risk that changes in market interest rates will adversely affect the fair value of an investment. Generally, the longer the maturity of an investment, the greater the sensitivity of its fair value to changes in market interest rates. The City's policy is that unless matched with specific cash flow, the City will not directly invest in securities maturing more than seven (7)years from the date of purchase. Because of inherent difficulties in accurately forecasting cash flow requirements, a portion of the portfolio should be continuously invested in readily available funds to ensure that proper liquidity is maintained to meet ongoing obligations. The dollar weighted average days to maturity (WAM) of Florida PRIME at June 30, 2018, is 30 days. Next interest rate reset dates for floating rate securities are used in the calculation of the WAM. The weighted average life (WAL)of Florida PRIME at June 30, 2018, is 76 days. 20 AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) NOTES TO BASIC FINANCIAL STATEMENTS JUNE 30, 2018 NOTE 3—DEPOSITS AND INVESTMENTS (Continued) Interest rate risk(Continued) Information about the exposure of the School's debt-type investments to this risk using the segmented time distribution model is as follows: Time to Maturity(in Years) Summary of Investments and Interest Less than Greater than Rate Risk Fair Value 1 Year 1-5 Years 6-10 Years 10 Years State Board of Administration- SBA,Florida PRIME $ 1,554,802 $ 1,554,802 $ - $ - $ - U.S.Treasury bills 306,742 100,894 205,848 - - Corporate bonds 230,995 99,142 131,853 - - U.S.Sponsored agencies 272,491 134,791 137,700 - - Mortgage and asset backed securities 127,231 893 73,785 41,518 11,035 Commercial paper - - - - - Foreign 7,599 7,599 - - - Total $ 2,499,860 $ 1,898,121 $ 549,186 $ 41,518 $ 11,035 Credit risk Generally, credit risk is the risk that an issuer of a debt-type investment will not fulfill its obligation to the holder of the investment. This is measured by assignment of a rating by a nationally-recognized rating organization. The City's investment policy provides strict guidelines and limits investments to highly rated securities with minimum ratings of A (long term securities), A-1/P-1 (short term securities), and AAAm (money market mutual funds). The Finance Director shall determine the appropriate action for any investment held that is downgraded below the minimum rating by one or more rating agencies. U.S. Government securities or obligations explicitly guaranteed by the U.S. Government are not considered to have credit risk exposure. The School's portfolio is rated by Standard&Poor's as follows: Rating Fair Value AAA $ 32,423 AA+ 201,026 A+ 69,347 AA 22,766 A 52,998 AA- 46,676 A 30,801.00 AAAM 1,554,802 NR 489,021 $ 2,499,860 21 AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) NOTES TO BASIC FINANCIAL STATEMENTS JUNE 30, 2018 NOTE 3—DEPOSITS AND INVESTMENTS (Continued) Concentration The City's policy is to maintain a diversified portfolio to minimize the risk of loss resulting from concentration of assets in a specific issuer. Specific limits have been established which limit the percentage of portfolio assets that can be invested with a specific issuer. GASB Statement No. 40, Deposit and Investment Risk Disclosures, requires disclosure when the percentage is 5%or more in any one issuer. Investments issues or explicitly guaranteed by the U.S. government and investments in mutual funds, external investments pools, or other pooled investments are excluded from this requirement. At June 30, 2018, the School had no investments in any one issuer, amounting to 5% or more, requiring disclosure under GASB No.40. Custodial credit risk For an investment, custodial credit risk is the risk that, in the event of the failure of the counterparty (e.g., broker-dealer) to a transaction, a government will not be able to recover the value of its investment or collateral securities that are in the possession of another party. The City's investment policy requires securities, with the exception of certificates of deposit, to be registered in the City's name and held with a third-party custodian. Foreign credit risk For an investment, foreign credit risk is the risk that fluctuations in currency exchange rates may affect transactions conducted in currencies other than U.S. dollars and the carrying value of foreign investments. The City is not exposed to foreign credit risk. NOTE 4—FAIR VALUE MEASUREMENTS The School categorizes its fair value measurements within the fair value hierarchy established by generally accepted accounting principles. The hierarchy is based on the valuation inputs used to measure the fair value of the asset. Level 1 inputs are quoted prices in active markets for identical assets; Level 2 inputs are significant other observable inputs; Level 3 inputs are significant unobservable inputs. The School has the following recurring fair value measurements as of June 30, 2018; Fair Value Measurements at Reporting Date Quoted rices bignificant in Active Other Significant Markets for Observable Unobservable Identical Assets Inputs Inputs Fair Value (Level 1) (Level 2) (Level 3) U.S.Treasury bills $ 306,742 $ - $ 306,742 $ - Corporate bonds 230,995 - 230,995 - U.S.Sponsored agencies 272,491 7,594 264,897 - Mortgage and asset backed securities 127,231 - 127,231 - Foreign 7,599 - 7,599 - Total $ 945,058 $ 7,594 $ 937,464 $ - Debt Securities of$937,464 classified in Level 2 of the fair value hierarchy are valued using a matrix pricing technique. Matrix pricing is used to value securities based on the securities' relationship to benchmark quoted prices. 22 AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) NOTES TO BASIC FINANCIAL STATEMENTS JUNE 30, 2018 NOTE 5-CAPITAL ASSETS A summary of changes in governmental capital assets is as follows: Balance Balance July 1,2017 Additions Deletions June 30,2018 Leasehold improvements $ 2,223,897 $ 198,740 $ - $ 2,422,637 Equipment 595,948 22,498 - 618,446 Less:accumulated depreciation 1,252,590 143,614 - 1,396,204 $ 1,567,255 $ 77,624 $ - $ 1,644,879 The provision for depreciation for the year ended June 30, 2018 amounted to approximately $144,000. The School allocated depreciation to operation of facility. NOTE 6 - LONG-TERM LIABILITIES The following is a summary of long-term liabilities for fiscal year ended June 30, 2018: Amount Due Balance Balance VWthin One July 1,2017 Additions Deletions June 30,2018 Year(Estimate) Compensated absences $ 71,840 $ 29,371 $ (13,599) $ 87,612 $ 21,903 NOTE 7 - COMMITMENTS AND CONTINGENCIES Management contract The City has a contract with Charter Schools USA, Inc. ("CSUSA") for administrative and educational management services for the operations of the School. All staff of the School, except the principal, two assistant principals (dean of discipline & operations and dean of curriculum) and a custodian, are employees of CSUSA. Total fees paid to the management company for fiscal year 2017/18 were approximately $ 300,000. The majority of other reimbursed expenditures by the City to CSUSA relate to teachers'salaries and benefits. The current agreement with CSUSA will expire on June 30, 2018. This agreement provides for an additional renewal term of up to five years upon agreement of both parties and provided the Miami-Dade County School Board extends the charter granted to the City. The fee for services is 4.3% calculated based on certain funding sources of the School, with a not to exceed per student cap, through 2017/18; and to be negotiated thereafter upon reaching a renewal arrangement. Grant funding The School receives financial assistance from federal, state and local governmental agencies in the form of grants. The disbursement of funds received under these programs generally requires compliance with terms and conditions specified in the grant agreements and may be subject to audit by the grantor agencies. In accordance with Title 2 U.S Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), the School was not required to conduct a "single audit" since the required threshold of federal or state money is currently$750,000 and the School did not exceed such threshold. 23 AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) NOTES TO BASIC FINANCIAL STATEMENTS JUNE 30, 2018 NOTE 8- RELATED PARTY TRANSACTIONS The School's operations are located at a facility that is owned by the City. In September 2002, the City entered into a bond indenture agreement with the Florida Intergovernmental Finance Commission through an interlocal governmental agreement. As a result, the City issued $12,610,000 in Series 2002 Revenue Bonds to finance the acquisition of land and the construction of a charter school as well as the construction of a community center. Approximately $6,650,000 of the bond issue was related to the acquisition, construction and equipping of the School facility. On June 15, 2012, the City issued $9,885,000 in Series 2012 Refunding Revenue Bonds with a rate of 2.18% to refund the then outstanding balance of the Series 2002 Revenue Bonds. Approximately $5,213,000 of the Series 2012 Refunding Revenue Bonds relates to that portion of the original Series 2002 Revenue Bonds that was utilized for the acquisition, construction and equipping of the School facility. The City refunded the Series 2002 Revenue Bonds to reduce its total debt service payments through maturity(2027)by approximately$3,810,000. The School is leasing its premises from the City under an operating lease agreement,which expired June 30, 2017, but was renewed for an additional year. The lease can renew each additional year as long as the School operates pursuant to the Charter issued by the School Board of Miami-Dade County. The lease amount is determined annually. Total lease expense for the fiscal year ended June 30, 2018 totaled $444,000. Future minimum payments under the current lease,which expires on June 30,2019,total$444,000. NOTE 9- RISK MANAGEMENT The School is exposed to various risks of loss related to torts, thefts of, damage to and destruction of assets, errors and omissions, employee health, workers' compensation and natural disasters for which the City carried commercial insurance. Settlement amounts have not exceeded insurance coverage for the past three (3) years. In addition, there were no reductions in insurance coverage from those in the prior year. NOTE 10 - DEFINED CONTRIBUTION PENSION PLANS The City is a single-employer that contributes to four (4) defined contribution pension plans based on employee classification created in accordance with Internal Revenue Code Section 401 (a). The employees of the School are eligible to participate in three (3) of the City's defined contribution pension plans. The School has four (4) full-time employees who are eligible to participate in these plans. Under these plans, the City contributes amounts ranging from 7%to 15%of employee salary for each of the four School employees. The City contributions for the Principal vest in the year they are contributed. The City's contributions to the other employee's vest beginning after one (1) year of service through year five (5) in 20% increments. Participants are not permitted to make contributions during the year. The City made plan contributions for these four employees of approximately $38,390 during the year. Plan provisions and contribution requirements may be amended by the City Commission. In addition, the City provides to these full-time employees a deferred compensation plan under Section 457 of the Internal Revenue Code. Under this program, employees may voluntarily elect to defer a portion of their salary to future years;with no required contributions from the City. Both programs are administered by ICMA Retirement Corp. The City does not exercise any control or fiduciary responsibility over the Plans' assets. 24 REQUIRED SUPPLEMENTARY INFORMATION (Unaudited) AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) SCHEDULE OF REVENUES AND EXPENDITURES AND CHANGE IN FUND BALANCE BUDGET AND ACTUAL JUNE 30, 2018 Budgeted Amounts Budget to Actual Actual Amounts, GAAP Amounts Original Final Budgetary Basis Difference GAAP Basis Variance Revenues and transfers: FTE nonspecific revenues $7,171,479 $7,294,679 $ 7,385,447 $ $ 7,385,447 $ 90,768 Capital grant funds 485,000 485,000 592,854 592,854 107,854 Charges for services 700,000 700,000 720,624 720,624 20,624 Miscellaneous income 239,000 239,000 173,119 173,119 (65,881) Field trip revenue 175,000 175,000 161,397 161,397 (13,603) Transportation funds 131,000 131,000 131,218 131,218 218 Transfers from other funds of the City 100,000 100,000 100,000 100,000 - Operating grants and contributions 193,400 193,400 214,849 214,849 21,449 Investment earnings 9,000 9,000 22,797 22,797 13,797 Allocation of fund balance 278,750 473,640 - (473,640) Total revenues and transfers 9,482,629 9,800,719 9,502,305 9,502,305 (298,414) Expenditures: Salaries 4,809,197 4,809,197 5,026,410 5,026,410 (217,213) Professional services 803,000 803,000 818,411 818,411 (15,411) Lease expense-transfers 444,000 444,000 444,000 (444,000) - Repairs and maintenance 304,500 304,500 364,512 364,512 (60,012) Payroll taxes 366,449 366,449 377,489 377,489 (11,040) Administration fee 144,743 144,743 147,462 147,462 (2,719) Employee health insurance 452,492 452,492 431,437 431,437 21,055 Supplies and events 480,800 480,800 357,968 357,968 122,832 Field trips and after-school 162,000 162,000 156,336 156,336 5,664 Capital outlay 353,000 547,890 544,721 544,721 3,169 Utilities 164,000 164,000 161,501 161,501 2,499 Textbooks 176,000 176,000 164,229 164,229 11,771 Bonuses 122,500 245,700 80,283 80,283 165,417 Food services 275,000 275,000 266,853 266,853 8,147 Workers'compensation insurance 90,093 90,093 41,805 41,805 48,288 Telephone 77,280 77,280 92,962 92,962 (15,682) Pension contributions 61,237 61,237 64,007 64,007 (2,770) Insurance 38,000 38,000 26,689 26,689 11,311 Travel 26,412 26,412 21,113 21,113 5,299 Stipends 126,426 126,426 95,855 95,855 30,571 Dues and fees 5,500 5,500 2,685 2,685 2,815 Lease expense - - - 444,000 444,000 - Total expenditures 9,482,629 9,800,719 9,686,728 - 9,686,728 113,991 Net change in fund balance $ - $ - $ (184,423) $ - $ (184,423) $ (184,423) See notes to required supplementary information 25 AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) NOTES TO REQUIRED SUPPLEMENTARY INFORMATION JUNE 30, 2018 NOTE 1 The School formally adopted a budget for the year ended June 30, 2018. Budgeted amounts may be amended by resolution or ordinance by the City Commission. The budget has been prepared in accordance with accounting principles generally accepted in the United States of America with the exception of the items described in Note 2. A comparison of the actual results of operations to the budgeted amounts for the operating fund is presented as required supplementary information. NOTE 2 For budgeting purposes, certain amounts are budgeted as transfers out to the City's Debt Service Fund. For separate reporting of the Charter School operating fund, these amounts are reclassified as follows: Lease expense for School facility $ 444,000 26 COMPLIANCE SECTION NoCABALLERO HERMAN LLERENA GARCIA LLP ©M accountants I advisors INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Honorable Mayor and Members of the City Commission City of Aventura, Florida Aventura City of Excellence School (a Special Revenue Fund of the City of Aventura, Florida) Aventura, Florida We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to the financial audits contained in the Government Auditing Standards issued by the Comptroller General of the United States,the financial statements of the governmental activities and the major fund of the Aventura City of Excellence School (the "School") (a Special Revenue Fund of the City of Aventura, Florida) as of and for the fiscal year ended June 30, 2018, and the related notes to the financial statements,which collectively comprise the School's basic financial statements, and have issued our report thereon dated August 29, 2018. Internal Control over Financial Reporting In planning and performing our audit of the financial statements, we considered the School's internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the School's internal control.Accordingly,we do not express an opinion on the effectiveness of the School's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency,or a combination of deficiencies, in internal control,such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. Compliance and Other Matters As part of obtaining reasonable assurance about whether the School's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly,we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the School's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the School's internal control and compliance.Accordingly, this communication is not suitable for any other purpose. caxalle-o «ewewa & awc�a, LLQ' Caballero Fierman Llerena&Garcia, LLP Coral Gables, Florida August 29, 2018 27 4649 Ponce de Leon Blvd I Suite 404 0 Coral Gables, FL 33146 T:305.662.7272 F: 305.662.4266 1 CFLGCPA.COM MMCABALLERO HERMAN LLERENA GARCIA LLP NMIaccountants I advisors MANAGEMENT LETTER IN ACCORDANCE WITH THE RULES OF THE AUDITOR GENERAL OF THE STATE OF FLORIDA Honorable Mayor and Members of the City Commission City of Aventura, Florida Aventura City of Excellence School (a Special Revenue Fund of the City of Aventura, Florida) Aventura, Florida Report on the Financial Statements We have audited the basic financial statements of the Aventura City of Excellence School (the "School") (a Special Revenue Fund of the City of Aventura, Florida), as of and for the fiscal year ended June 30,2018, and have issued our report thereon dated August 29, 2018. Auditors' Responsibility We conducted our audit in accordance with auditing standards generally accepted in the United States of America;the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and Chapter 10.850, Rules of the Florida Auditor General. Other Reporting Requirements We have issued our Independent Auditors' Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of the Financial Statements Performed in Accordance with Government Auditing Standards. Disclosures in that report which is dated August 29, 2018, should be considered in conjunction with this management letter. Prior Audit Findings Section 10.854(1)(e)1., Rules of the Auditor General, requires that we determine whether or not corrective actions have been taken to address findings and recommendations made in the preceding annual financial audit report.There were no findings or recommendations made in the preceding annual financial audit report. Official Title Section 10.854(1)(e)5., Rules of the Auditor General, requires that the name or official title of the entity be disclosed in this management letter. The official title of the entity is Aventura City of Excellence School. Financial Condition and Management Sections 10.854(1)(e)2. and 10.855(l 1), Rules of the Auditor General, require us to apply appropriate procedures and communicate whether or not the School has met one or more of the conditions described in Section 218.503(1), Florida Statutes, and to identify of the specific conditions met. In connection with our audit,we determined that the School did not meet any of the conditions described in Section 218.503(1), Florida Statutes. Pursuant to Sections 10.854(1)(e)6.a. and 10.855(12), Rules of the Auditor General, we applied financial condition assessment procedures for the School. It is management's responsibility to monitor the School's financial condition, and our financial condition assessment was based in part on representations made by management and the review of financial information provided by same. Section 10.854(1)(e)(3), Rules of the Auditor General, requires that we communicate any recommendations to improve financial management. In connection with our audit,we did not have any such recommendations. Transparency Sections 10.854(1)(e)7. and 10.855(13), Rules of the Auditor General, require us to apply appropriate procedures and communicate the results of our determination as to whether the School maintains on its website information specified in Section 1002.33(9)(p), Florida Statutes. In connection with our audit, we determined that the School maintained on its Web site the information specified in Section 1002.33(9)(p), Florida Statutes. 28 4649 Ponce de Leon Blvd I Suite 404 1 Coral Gables, FL 33146 T:305.662.7272 F: 305.662.4266 1 CFLGCPA.COM Additional Matters Section 10.854(1)(e)4., Rules of the Auditor General, requires us to communicate noncompliance with provisions of contracts or grant agreements, or abuse, that have occurred, or are likely to have occurred, that have an effect on the financial statements that is less than material but warrants the attention of those charged with governance. In connection with our audit,we did not note any such findings. Purpose of this Letter Our management letter is intended solely for the information and use of the Legislative Auditing Committee, members of the Florida Senate and the Florida House of Representatives,the Florida Auditor General, Federal and other granting agencies, City Commission, School's management, and the School Board of Miami-Dade County and is not intended to be and should not be used by anyone other than these specified parties. caxalle-o «ewewa & �'awc�a, LLQ' Caballero Fierman Llerena&Garcia, LLP Coral Gables, Florida August 29, 2018 29 4649 Ponce de Leon Blvd l Suite 404 l Coral Gables, FL 33146 T:305.662.7272 F: 305.662.4266 l CFLGCPA.COM E S T A B L I S H E D 2 0 0 3 4 R (III CELL N(E SCOZ CITY OF AVENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: City Commission FROM: Ellisa L. Horvath, MMC, City Clerk DATE: August 31, 2018 SUBJECT: August 28, 2018 Municipal Special Election Results September 4, 2018 City Commission Meeting Agenda Item '-)J RECOMMENDATION It is recommended that the City Commission adopt the attached resolution concerning the results of the Municipal Special Election held on August 28, 2018. BACKGROUND Pursuant to Section 26-1 of the City Code, the City Clerk shall present a certification of election results to the City Commission for adoption by resolution at the next meeting following the election. The attached resolution submitted for your approval declares that the following proposed amendment to the City Charter was approved by the electors: Eligibility to Serve as Mayor After Service as Commissioner. Should you have any questions, please contact me. /elh attachment RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ACCEPTING AND ADOPTING THE ELECTION RESULTS OF THE AUGUST 28, 2018 MUNICIPAL SPECIAL ELECTION HELD IN CONJUNCTION WITH THE COUNTY-WIDE PRIMARY ELECTION BEING HELD ON SAID DATE, AS CERTIFIED BY THE CANVASSING BOARD AND ATTACHED HERETO; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 28, 2018, a Municipal Special Election was held in conjunction with the county-wide primary election being held on the same date in the City of Aventura, pursuant to Ordinance No. 2018-03 which proposed an amendment to the City Charter pursuant to the recommendation of the Aventura City Commission; and WHEREAS, Section 26-1 of the Aventura City Code provides that the City Clerk shall present a certification of election results to the City Commission at the first meeting of the City Commission following the election; and WHEREAS, the Canvassing Board has canvassed and certified the election results and the City Commission of the City of Aventura wishes to adopt the election results as certified by the Canvassing Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The results of the August 28, 2018 Municipal Special Election, as certified by the Canvassing Board and attached hereto, indicate the following: Question: Eligibility to Serve as Mayor After Service as Commissioner. The proposed Charter amendment was approved by the electors. Section 2. 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 Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Gladys Mezrahi Mayor Enid Weisman City of Aventura Resolution No. 2018- PASSED AND ADOPTED this 4th day of September, 2018. 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 DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission • FROM: Joanne Carr, AICP (�y Interim City Manager DATE August 31, 2018 SUBJECT: Request of Forty Three Enterprise LLC, doing business as 800 Degrees Pizzeria, for Conditional Use Approval to allow the sale and service of alcoholic beverages at a cocktail lounge/bar area within 800 Degrees Pizzeria restaurant located in 2956 Aventura Boulevard, Tenant Space C- 3, City of Aventura (07-CU-18) September 4, 2018 City Commission Meeting Agenda Item (0 RECOMMENDATION It is recommended that the City Commission approve the conditional use application to allow sale and service of alcoholic beverages at a cocktail lounge/bar area within the 800 Degrees Pizzeria at 2956 Aventura Boulevard, Tenant Space C-3, Aventura, subject to the following conditions: 1. This approval shall be granted exclusively to Forty Three Enterprise LLC, doing business as 800 Degrees Pizzeria, or any wholly owned subsidiary, in Tenant Space C-3 of the commercial plaza at 2956 Aventura Boulevard and may not be transferred to another owner and/or operator of the restaurant or to another location. 2. Customers will not be permitted to remove an individual glass of alcoholic beverage or any open container from the restaurant. 3. The applicant shall obtain an alcoholic beverage license from the State of Florida and begin sales and service of alcoholic beverages within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission at the written request of the applicant, provided that the applicant has filed the request for extension within the twelve (12) month period prior to expiration. 4. The applicant shall comply with the hours of operation allowed to bars and cocktail lounges for sale of alcoholic beverages for consumption on premises pursuant to Section 4-3(d) of the City Code; namely, between the hours of 8:00 a.m. and 1:00 a.m. the following day. 5. The applicant shall conduct Responsible Vendor Training pursuant to Florida Statutes to ensure no sales are made to underage customers or to customers who may have been over-served at other establishments. 6. No amplified sound shall be allowed in the outdoor patio area to ensure that neighbors are not disturbed by noise. 7. The conditional use approval may be terminated in the event the City Manager determines that the approval has created and/or is creating a disturbance to the community. The applicant agrees to immediately discontinue sales and service of alcoholic beverages upon written notice to the applicant of such a determination. 8. Any discontinuation of the sales and service of alcoholic beverages for a period of 180 consecutive days shall constitute abandonment and shall rescind this approval. THE REQUEST The applicant, Forty Three Enterprise LLC, doing business as 800 Degrees Pizzeria, is requesting conditional use approval to sell and serve alcoholic beverages at a cocktail lounge/bar area within the restaurant in Tenant Space C-3 of the commercial plaza at 2956 Aventura Boulevard, notwithstanding the distance and spacing requirements for sale and service of alcoholic beverages in Section 4-2(a) and (b) of the City Code. (See Exhibit#1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Regency Centers, L.P. APPLICANT Forty Three Enterprise LLC, doing business as 800 Degrees Pizzeria ADDRESS OF PROPERTY 2956 Aventura Boulevard, Suite C-3, City of Aventura (See Exhibit #2 for Location Map) LEGAL DESCRIPTION A portion of Tract G, "Aventura Second Addition" according to the plat thereof recorded in Plat Book 99, Page 21 of the Public Records of Miami-Dade County, Florida Zoning — Subject Property: B2 Community Business District Properties to the North: B2 Community Business District, and RMF4 Multifamily High Density Residential District Properties to the South: B2 Community Business District Properties to the East: B2 Community Business District Properties to the West: CF Community Facilities District Existing Land Use — Subject property: Commercial Plaza Properties to the North: Commercial Plaza and Residential Condominium 2 Properties to the South: Commercial, Office & Hotel Properties to the East: Bank and Office Properties to the West: Public Library Future Land Use - According to the City of Aventura Comprehensive Plan, the following properties are designated as follows: Subject property: Business and Office Property to the North: Business and Office Property to the South: Business and Office Property to the East: Business and Office Property to the West: Business and Office The Site - The 800 Degrees Pizzeria restaurant is located in Suite C-3 within the Regency Center plaza on Aventura Boulevard, as shown on the site plan and interior layout plan attached as Exhibit#3. The Project - The restaurant is completing its interior buildout of a commercial space in the recently redeveloped Regency Center plaza at the corner of NE 29 Place and Aventura Boulevard. Its anticipated opening is mid-September, 2018. The restaurant premises consists of 3,915 square feet of interior floor area with a total of 128 seats, with 15 seats at the cocktail lounge/bar, 78 seats indoors at tables and 35 seats at outdoor tables. The applicant is requesting zoning approval for a 4COP SFS liquor license from the State of Florida. An interior rendering is attached as Exhibit #4 to this report. ANALYSIS Chapter 4 of the City Code regulates the sale and service of alcoholic beverages. This chapter allows sale and service of alcoholic beverages is permitted by Code at tables inside the restaurant and at tables in the outdoor patio; however, conditional use approval is required for sales and service of alcoholic beverages at the indoor bar area as detailed in the department analysis below. Consistency with Comprehensive Master Plan - The request is consistent with the City of Aventura Comprehensive Plan. This establishment is located within property with a Business and Office land use designation. Citizen Comments - As of the date of writing of this report, the Community Development Department has received no citizen comments. Community Development Department Analysis - Chapter 4 of the City Code regulates the sale and service of alcoholic beverages. Sections 4-2 (a) and (b) establish certain spacing and location requirements applicable to businesses selling alcoholic beverages. The Code provides that no premises shall be used for the sale of alcoholic beverages to be consumed on or off premises unless it is located at least 1,500 feet from a place of business having an existing liquor license (and not one of the 3 uses excepted by City Code from the spacing requirements) and 2,500 feet from a religious facility or school, unless approved as a conditional use. Section 4-2 (e) of the City Code allows certain exceptions from this conditional use requirement. Dining rooms in restaurants in the B2 zoning district that serve cooked, full course meals, prepared daily on the premises, are one of the exceptions provided by this Code section. Cocktail lounges in restaurants are also an exception to the conditional use approval requirement, provided that the restaurant has 200 or more seats at tables, including bars or counters at which full course meals are available and provided that the restaurant has more than 4000 square feet of floor space. The service and sale of alcoholic beverages in the indoor and outdoor tables at the applicant's restaurant meets the above exemption criteria of Section 4-2(e) of the City Code; however, conditional use approval is required for the applicant's proposed sale and service of alcoholic beverages at cocktail lounge/bar area because the restaurant does not have 200 or more seats at tables and 4,000 square feet of floor space. There are 93 seats at indoor tables and bar and 3,915 square feet of floor area. A liquor survey is required to show spacing and distance to other non-exempt establishments with an existing alcoholic beverage license and to religious facilities and schools- The applicant has submitted the liquor survey attached as Exhibit #5. The survey reveals eight (8) establishments with an alcoholic beverage use (which establishments are not one of the uses listed as an exception from the spacing requirements of the City Code) within 1,500 feet; those being Walgreens Pharmacy, Winn Dixie Liquor, Total Wine & More, Caviar & More! Cafe, Piacere News Café and Serafina, Pubbelly Sushi and Genuine Pizza restaurants. In addition, the survey identifies one (1) religious facility and one (1) school within 2,500 feet; those being the Aventura Turnberry Jewish Center and the Tauber School at Aventura Turnberry Jewish Center. Criteria According to Section 31-73(c) of the City Code, a conditional use approval application is evaluated using the following criteria: 1. The proposed use shall be consistent with the Comprehensive Plan. The request is consistent with the City of Aventura Comprehensive Plan. The future land use designation for this parcel is Business and Office. The business and office future land use designation accommodates the full range of sales and service activities. 2. The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. The establishment, maintenance and operation of the proposed service and sale of alcoholic beverages at the cocktail lounge/bar area within the restaurant will not be detrimental to or endanger the public health, safety or general welfare. The conditions 4 of approval recommended by this staff report will provide safeguards to ensure that the use will not be detrimental to the community. 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The proposed use is consistent with the community character of the immediate neighborhood. The restaurant is located in a ground floor tenant space in the commercial plaza at NE 29 Place and Aventura Boulevard and is adjacent to the recent Aventura Mall expansion. The immediate neighborhood of the proposed use is comprised of retail, restaurant, office, hotel and commercial uses. There is one residential condominium to the northeast of the site. 4. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services shall exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the requirement of these LDR's. This is a tenant space in an existing commercial plaza. The proposed use will not change the current levels of service required. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the City's Land Development Regulations. 5. Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. The proposed use is located within a recently redeveloped commercial plaza. Adequate measures have been taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Ingress and egress to the plaza is by way of Aventura Boulevard and NE 29 Place. 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The establishment of this use will not impede the development of surrounding properties for uses permitted in the zoning district. 7. The design of the proposed use shall minimize adverse effects, including visual impacts of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The restaurant is located within a commercial plaza, with exterior orientation to NE 29 Place and Aventura Boulevard for the outdoor seating area. This orientation may cause some noise disturbance to adjacent condominium residents. Staff is recommending a condition that no amplified sound be allowed 5 in the outdoor patio area. No exterior facade renovations are planned and landscaping is in place as part of the overall approved plaza site design. 6 C„ J James E. Rauh, Partner Greenspoon Marder Brickell World Plaza 600 Brickell Avenue, Suite 3600 rrP Miami, Florida 33131 Phone:305.789.2770 Fax: 305.537.3900 Direct Phone: 305.789.2732 Direct Fax: 305.537.3928 Email:james.rauh@gmlaw.com Exhibit 1 07-CU-18 COMMUNITY DEVELOPMENT CITY OFAVENTURA August 15, 2018 AUG ' / 2018 City of Aventura c/o Joanne Can, Community Development Director WI77AL 19200 West Country Club Drive Aventura, Florida 33180 Re: Letter of Intent for a Conditional Use Approval for 800 Degrees Pizzeria at 2956 Aventura Boulevard,Building C, Suite C-3,Aventura, Florida 33180 Dear Ms. Can: Our Law Firm represents Forty Three Enterprise, LLC (the "Applicant"), the tenant of the restaurant space (the "Restaurant Premises") located at 2956 Aventura Boulevard, Building C, Suite C-3, Aventura, Florida 33180 ("Property"). The Applicant is making this application for a Conditional Use Approval as the Restaurant Premises has a bar within the space and would like to utilize that bar as a cocktail lounge/bar. The Restaurant Premises consists of a total of 3,915 square feet and a total of 128 seats (15 seats at the cocktail lounge/bar, 78 seats indoors at tables, and 35 outdoors at tables), which we have been informed by you requires Conditional Use Approval. Please allow this letter, as well as the enclosed application materials, to serve as the Applicant's Letter of Intent("LOI") in connection with the foregoing application. 800 Degrees is a global restaurant brand with locations around the world including Los Angeles, Las Vegas, Dubai, Japan, and Qatar. The Applicant is seeking the ability to utilize the bar within the Restaurant Premises (as shown on the enclosed architectural floor plan) as a cocktail bar rather than for the sole purpose of a service bar, i.e. allowing patrons to enjoy their meal at the bar should they choose to do so, have a drink while waiting for a table within the restaurant, etc. The hours of operation of the restaurant are as follows: Sunday through Thursday from 11:00 a.m. to 11:00 p.m. and Friday through Saturday 11:00 a.m. to 12:00 a.m. The Restaurant Premises is located within the B2 (Community Business (B2) District) zoning district, which is intended primarily to provide for general commercial activity for a wide range of goods and services to the entire community and sub region. A restaurant is a main permitted use in the B2 zoning district and you have informed us that a cocktail lounge within a restaurant with less than the required interior accommodations for the service of 200 or more persons at tables and more than 4,000 square feet is a permitted conditional use. The Applicant's proposed operation of 800 Degrees satisfies the criteria set forth in §31- Boca Raton I Denver I Ft.Lauderdale I Iselin I Las Vegas I Los Angeles I Miami I Miami Beach I Naples I Nashville Nevada City I New York I Orlando I Phoenix I Portland 1 San Diego 1 Tallahassee Tampa I West Palm Beach August 15,2018 Page No.2 73(c) of the City Code's Land Development Regulations as follows: (1) The proposed use shall be consistent with the Comprehensive Plan: Satisfied. The restaurant is a permitted use within the B2 zoning district and a cocktail lounge/bar within a restaurant is a permitted conditional use. Further, these uses are consistent with the City of Aventura Comprehensive Plan as the Future Land Use designation is both business and office. (2) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare: Satisfied. As set forth in the cumulative application materials, the restaurant and its controlled operation of the venue will not adversely affect the public health, safety, or general welfare. There are other venues within the City of Aventura that have Conditional Use Approvals for the use of a cocktail lounge/bar within the restaurant that do not meet the requirements as referenced above. The use of a cocktail lounge/bar is not anticipated to create an adverse effect or disturbance to the neighboring communities. (3) The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use: Satisfied. The Restaurant Premises is located within a shopping plaza as depicted on the site plan included with the application materials. The Aventura Mall and the expansion area are located directly to the west of the Restaurant Premises. Therefore, the immediate surrounding area of the shopping plaza and the Aventura Mall and the expansion area contain other commercial and retail uses, restaurants, office, hotel, and medium and high density residential uses. The restaurant use is consistent with the surrounding uses. (4) Utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire, and emergency services, shall exist at the City's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of these LDRs: Satisfied. The Applicant's use as a restaurant will not alter the levels of service nor will it alter utilities, roadway capacity, and other necessary public facilities, including police, fire, and emergency services. (5) Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets: Satisfied. As the restaurant is located within a shopping plaza and directly to the west of the Aventura Mall and the expansion area, there are adequate measures for ingress and egress to the property, including access to Biscayne Boulevard, West Country Club Drive, Aventura Boulevard, and convenient access to the William Lehman Causeway. August 15,2018 illingJ Page No.3 (6) The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district: Satisfied. As the Restaurant Premise is located within a shopping plaza and directly to the west of the Aventura Mall and the expansion area, the approval of this Conditional Use for the Applicant will not impede the development of the surrounding properties for uses permitted. (7) The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria: Satisfied. As the Restaurant Premise is located within a shopping plaza and directly to the west of the Aventura Mall and the expansion area, there will be no adverse effect to the approval of this application, including but not limited to visual impacts. In light of the foregoing, and the cumulative application materials submitted herewith, we respectfully request your favorable review and approval of this application. rCRespectfully Submitted, -s'. Rauh, Esq. • the Firm Enclosures .. . BROWARD CO UN CY L DADECOUNTY :�Gul stream ■V'L v%,rrYVI69MV%'il�L ■ :■ P e� YACHT LUB DR. r '■ 1 MARINA ■ :, Aicntura HARBOR COVE .r Hu.spitni N WAY CIRCLE ■ :rCenter % :■ M ■ ■ M U ■ :r Waterways ■ ■ m WATERWAYS Shoppes 207 ST. ■ :■ w ■ W COUNTRY CLUB DR. '■ The cco"I205 ■ • 7203 Promenade ■ rShops M Q IVES DAIRY RD. :. ST L'TF�L� ■ :■ �N d 01-=, ■ Q ■ 201 TER. rn ■ -' ■ a A Turnberry Isle ' in ■ ro Resort&Club • Z • AVENTURA V. ■ L) OP r O Fire if = >- • ;■ Rescue Avemura Q ;■ Station Library Subject Property O� i ;■ • :■ _ 0 Aventura Mall '• O YACHT 2 • City of Aventura V t U6 �J • :■ Government Center MA \NY' :■ 192 ST. WtLUAM LEti . 192 ST. } '■ p� • 191 ST. W ; 1909 MYSTIC ` X ;■ Loehmann's - • ;■ Fashion uj • Q 3 ;■ Island Q __ ■ m 188 ST. • m ♦ Z MIAMI ,■ a 33180 r U GARDENS DR. _ • O - -• ------ ._.-.-.---•-_ _- 60 %• 183 T. Dumfnundling Al S � Bay Atlantic %• 1 � • Ocean r Little Z y Williams %. Biscayne hfaule m 2 Sound arbour 180 ST. Lake N Point n iP • ;• SPP 8 '?' . r P T-. r ;� TOP � ■ 2 • k on aX.Aarr. ..■aaaaas1 LEGEND O Maule ••• Lake �•� — -- Roadways z ■ ••• . . . . . ■ City Boundary r • -----.— ZIP Code Boundary 1 ■ • v --•------•• Railroad ■ ■ Exhibit 2 07-CU-18 • i � �`I I I I N l l l l l l l l l l l lt�•fl •--� i bb 11 {{ 84 33®® IP !1 1 o o - Hi 5io 1 7 e t + if ! Y bP !° �~ '4662 v Exhibit 3 07-CU-18 L— J� �o1; Ole LDJ, - --- JM 2 � i :! LLmm 91M mrm ie -- ° 0 9 r ® - -----� --+- -� 8 i6fifi1 }}ds8{ !�!a O O �� ° Om 111 HI � d Jill )1R �S S�� � •� fF ft� �8} 1. f 2 i p[ � ` r j w•� � ' I• 11 r n Law ICU �trr= 7-1 . �T'v ;r '� ■.moi r I' 6,7 O pp A L• s 1 • • • it p D121 Ir ' IIM iAM bow.* w M IDI!Fral ^� 1 \ ► �, I le 1. ~-_ • ' '�,A.'��.,w_ j'1!17,��'- � dld 1p Q ml ° @ � ;o 4wZ m H AH " A g i Iqj a ss Alt ee�8�oaA QAn GG9 g gNNe kFe"o _ „ iiia �i �i �i 11F- 1 b �> C- �j �g ; 11; Ili � ; y 1C; C 11� Gm j"> 7y5 Rill + G� 3 $§$�Y � � � II�FF y�NS��F mMn 1�F I�F' � m�� F�e, owl lx'Al ' 133 ail k � � ggg Igo Nj xxa �Ig!do 11 li $H g T R s i,G_ �� g g y g G RmAg 11 "1 0 DRi 1.1 Mill, NN H 2 nn!" wy� �,TT,my1�� N M-; aa 22QQ 8 o m O r ` APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31.71(b)(2)(i)of the City of Aventura Land Development Code,this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit which is identified in the accompanying application,and the owner d the properly subject to the application(if different)hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application,as follows: Name Relationship (ie Attorneys,Architects,Landscape Architects, Engineers,Lobbyists,Etc) Applicant Representative,President of Udonis J.Haslem, Udonis J.Haslem Manager of Forty Three Enterprise,LLC James E.Rauh,Fag_ Attorney,Greenspoon Merrier LLP Adrienne Noto,Esq. Attorney,Greenspoon Marder LLP Francisco Fajardo Surveyor,Vice President of Lannes and Garcia,Inc. Zachary R.Wethington Architect,Wethington+Associates,Inc. (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 MD AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC.31-71(8)(2)(111)OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE,IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS DAY OF August 20110. AUTHORIZED DRREPRESENT gTI OF LICANT: OWNER By: 7l�{ By: (Si nature) (Signature) Name: Udonis J,Haslem Name: (Pin) (Piing Title: President of Block 40 Enterprise Inc,Manager of Title:_ Forty Three Enterprise,LLC Address: 20810 West Dixie Highway Address'. Miami,Florida 33180 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me the undersigned authority personally appeared Udonis J. Haslem as the authorized rept .ntative of the Applicant and/or the owner of the property subject to the application, who being first by me dulyvie-, did e- or .)trn That he/she executed this Affidavit for the purposes stated therein and that it is true and correct. // 't'4- AFFIANT SWORN TO AND SUBSCRIBED BEFORE ME this/6 day of-,,X(til ,200_. U Notary Public State of F19^da At 14.rge Printed Name of Notay<.- ran/FtAlon/-41 M •commi '• expi s: -- yLer. • ,, „Wit' r"t.VNri:- M r, „..:r MY r. . #FF20s8211 _ EJ(nRa 2o tikEB:frM19 / BaSd. TYe1 tIh ,ori 7IVYwYa C 0 BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2)(u)of the City of Aventura Land Development Code The undersigned Affiant hereby discloses that (mak vdM'x'applicable portions only) OrAffiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which Me application will be presented. 112. Affiant hereby discloses that it does have a Business Relationship with a member of me City Commission or a City Advisory Board to which the atplication will be presented,as follows. -__ (List name of Commissioner or Advisory Board Member) who serves on the (LisI City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows. II I. Member of City Commission a Board holds an ownership interest in excess of 1%of total assets or capital stook of Applicant or Representative, Ili' Member of City Commission or Board is a partner,co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture, O iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board, I I iv. A City Commissioner or Board member is a Client of the Applicant or Representative, I(v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,000 00 of the business of the member of the City Commission or Board(or his or her emptoyer)in a given calendar year; I I vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25.000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF 200 APPLICAN /,2L4 By': (Sgrutmel NamelJdonis J. Haslam (Prim) Title President of Block 40 Enterprise Inc, (Print) Manager of Forty Three Enterprise, LLC WITNESS MY HAND THIS DAY OF _,200_ PROPERTY OWNER. By: (Sgnalure) Name _ _ (Pond Title (Piintl 'The terms 'Business Relationship" 'Chien(" 'Customer,' 'Applicant" 'Representative"and "Interested Person'are defined in Section 2.395 of the Aventura City Code. WITNESS MY HAND THIS DAY OF August 200 REPRESENTATIVVE:(®Listeddo/on Business elalionship Affidavit) By C ` .paature) By (Signature Name:Udonis J. Haslem (Pang Name: (Pont) Title.President of Block 40 EnteInc, T,(le: !Piin Managerof rtwiy Tltree'Enterpi7se, LLC -Title- (Print) By. (Signature) By. _ (Signature Name: (Print) Name (Pring Title: _ (Pont) Title: _ (Pont By. _ (Sgnature) By (Signature Name: _(Pring Name (Print) Title: (Pont) Title: (Print) By: - (Sgnature) By. (Signature Title. (Pont) Title. (Print) Tide. (Print) Title: (Print) By: (Signature) By. (Signature Tule: (Pring Title (Pring Title (Print) Title (Print) By: (Signature) By: (Signature Title: (Pring Title (Pont) Title: (Poing Title (Pring NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-7 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. STATE OF FLORIDA ) NOTARIZAJION PROVISION COUNTY OF MIAMI-DADE) Adam, Belie me rhh upur ores d atdody in antmf ats truUNONis J.H95 em meL�L�firsl by me du swan the swear or affirm Nal he/she executed this Affidavit for a purposes statedthereinand that appeared is weans correct j{- / AFFIANT SWORN TO AN w;*,�'g'�^�, „,• . u-I,20/0 P"" KNIENMRFMSISON U� O f _� ?. NY COMMISSION oro 208010 G �� Bonded S:ApM 20,2T1g /N S I Fo At Large MIryPWYC UnderM4n d Printed Name of Notary A' / My commission expires:- 1/2J '? STATE OF FLORIDA ) �COUNTY OFMIAMICADE) Bete me the undersigned authority,personally appeared Me Atbanl who being first by me duly sworn.did swear or affirm that he/she executed this Alfdauil fa the purposesstaled therein and Nal it is Rue and correct AFFIANT SWORN TO AND SUBSCRIBED before me this __.day of-_ 21q_ Notary Pubec Stale of Florida Al Large Printed Name of Notary My commission expires _ _ STATE OF FLORIDA ) COUNTY OF MIAMI-DAADE) Belle me.me undersigned authority,personally appeared _ _ the AlfianL who being first by me duly sworn,did swear or affirm that he/she executed this AMdasil for the purposes Staled therein and that b l5 hue and correct AFFIANT SWORN TO AND SUBSCRIBED before me this-_ day of - ,200 Notary Public Slate of Fonda At Large Punted Name of Notary My commission expires.. _ STATE OF FLORIDA ) COUNTY CF MIAMI-DADE) Before me,the undersigned autonly,personally appeared _ the Affiant,who being first by me duly sworn.did swear or affirm that he/she executed this Affidavit for the purposes staled therein and Mal itis true and cared. AFFIANT SWORN TO AND SUBSCRIBED before me this _day of ,200 Notary Public Stale of Florida At Inge Printed Name of Notary My commission expires.- - BUSINESS RELATIONSHIP AFFIDAVIT This Affidavit is made pursuant to Section 31-71(b)(2)(i)of the City of Aventura Land Development Code The undersigned Affiant hereby discloses that (mark with"i applicable portions only) X 1. Aunt does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented 112 Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows'. (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative, I)ii Member of City Commission or Board is a partner.cosharehdder(as to shares of a corporation which are not listed on any national or regional slack exchange)Of joint venturer with the Applicant or Representative in any business venture; I)iii The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the sane office or for the same employer as the member of the City Commission or Board, I iv A City Commissioner or Board member is a Client of the Applicant or Representative. I)v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than 810,000 00 of the business of the member of the City Commission or Board Of his or her employer)in a given ca'endar year; (I vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25.000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF AUGUST 2098 APPLIC�ANTR'E'P"RES E NNTATIVE: By AU.AAYi." t1 V40 (signature) Name:Adrienne Nolo (Rng Title Attomev (Piing WITNESS MY HAND THIS 13th Day of AYrIt _.7N11s PROPERTY OWNER: tau By: _ (Signature) Name:_ (Prod Title: (Print) 'The terms "Business Relationship." 'Client," "Customer," 'Applicant," "Representative" and 'Interested Person"are defined in Section 2.395 of the Aventura Cop,Code. BUSINESS RELATIONSHIP AFFIDAVIT* ‘c gfln This Affidavit is made pursuant to Section 31-71(b)(2)(ii)of the City of Aventura Land Development Coda The undersigned Affiant hereby discloses that (mark with applicable portions only( MI 1 Affiant does not have a Business Relationship with any member of the Crly Commission or any City Advisory Board to which the application will be presented. ( 2. Affiant hereby discuses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to whish the application will be presented,as follows. (List name of Commissioner or Advisory Board Member) who serves on the (Lill City Commission or Cily Advisory Board upon which member serves). The nature of the Business Relationship is as follows. Iii. Member of City Commission or Board hods an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative, Member of City Commission or Board is a partner.co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange)or joint venturer with the Applicant or Representative in any business venture, I I iii. The Applicant or Representative is a Client of a member of the Cily Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the Cily Commission or Board, [I iv. A City Commissioner or Board member is a Client of the Applicant or Representative, I I v The Applicant or Represenlalive is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,00000 N the business of the member of the City Commission or Board or his or her employer)in a given calendar year, I I vi The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS 8 DAY OF AUGUST ,2009 APP LICANIREPRESENTATIVE: B (Signature) =s E.Rauh (Pun!) Title.Attorney _ (PMI WITNESS MY HAND THIS 8 DAY OF Au JIBE _,2003 PROPERTY OWNER. By: (Signature) Name (Print) Tile.- (Pint) The terms Business Relationshp.' "Chen(" 'Customer" 'gpplkant" "Representative"and Interested Person"are defined in Section 2-395 of Aventura City Code WITNESS MY HAND THIS 8 DAY OF AUGUST Ma REPRESENTATIVE:(Listed on Business Relationship Affidavit) Btt_ /. ,L�� L L_ _ (Sgnature) By (Signature Name:James E.Rauh (Pon) Name: _. (Print) Title Attorney (Print) Title- (Print) By. AA o (Signature) By:. (Signature Name: Adrienne Nato (Print) Name: (Print) Title: Attorney (Pring Title: (Pont) By. _ (Signature) By. _ (Signature Name: _(Print) Name (Frio) Title: _ (Print) Title: _ (Print) By. (Sgnalure) By. (Signature Title: (Pont) Title: (Print) Title: (Pont) Title (Pont) By: _(Signature) By: _ (Signature Title: _(Pont) Title (Pon) Title'. (Print) Tale _ (Pnn) By (Signature) By: (Signature Title: (Print) Title. _. — _.__(Print) Title: (Print) Title. _ _(Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2)Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 3141(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) Before me,the undersigned authdiy,personally appeared James E.Rauh the Maul who being first by me duly sworn,did swear or ern Nat he/she executed his ARdatht for the purposes slated therein and that it is Ove and mored. •NT SWORN TO AND SUBSCRIBED before me this? day d August .200 Notary State�� MICHE1b RENNERT Printed Name of Notary r,�' .. �� Cgmmisslan#FF 929439 My commission expires'.. �p�(gEef 20'20 ____._ ___-____ _._.._.___ _ ___ ____ __ _ _ ____..._ -•fl EMyl]Yat®Fi.aysl0.Y mil STATE OF FLORIDA ) n COUNTY OF MWMI DARE) Before me,the undersigned authority.personally appeared Adrienne Noto me Affiant,who being first by me duly sworn.did swear or affirm that he/she executed this Affidavit for Me purposes staled therein and Nat it is sue and cored AFFIANT - — 2018 SWORN TO AND SUBSCRIBED before me this l 7th day of_August __ZBO_ RENNERT Ca-minion#FF 929437 Notary Wd¢Sine dflama Al targe >` Expires October 20.2019 '"x ,Ya eewralinrm ra sw,.,samanmra Pnolod Name of Notary My commission eegrea: _ _ STATE OF FLORIDA i COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared _ the Affiant.who being first by me duly swan,did swear or affirm that he/she grated this Affidavit for the purposes stated therein and that it is true and correct AFFIANT SWORN TO AND SUBSCRIBED before me this__ day of 200_ Notary Public State of Honda Al Large Printed Name of Notary My commission expires._ _ _ STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared _ _ the Affront,who being first by me duly swam,did swear or affirm Nal he/she executed this Affidavit for the purposes staled Herein and that itis true and cgrrect. AFFIANT SWORN TO AND SUBSCRIBED before me this day of ,200_ Notary Public Stale of Flonda At Large Printed Name of Notary My xnmission expres._ BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2)(u)of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that. (mark with be applicableaportions only) 'f j�. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. 112. Want hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application wit 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. It i. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capita'stock of Applicant or Representative, 1)ii. Member of City Commission or Board is a partner,co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange)or joint venturer with the Applicant or Representative in any business venture, I I iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board, Iliv A City Commissioner or Board member is a Client of the Applicant or Representative, I Iv. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,000 00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year, I vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than n$$25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS/I DAY OF AUGUST _ ,2008 APPLI ■r-EPR SEN1iATI By. !VA 1, . Y v 'IA (Signature) Name: 0Sc1k',tlaWaili►biro Title. 'aIMA' - slot) WITNESS MY HAND THIS DAY OF 2rp PROPERTY OWNER. By: (Signature) Name (print) Title (Porn!) 'The terms 'Business Relationship," 'Clienl" 'Customer" 'Applicant," "Representative'and 'interested Person"are defined in Section 2-395 of the Aventura City Code WITNESS MY HAND THIS KDAY OF AUGUST ,200_. REPRESENTI IV�(Listi 1n.` iness Relationship Affidavit) BY: �I l'A'•1 I .gnature) By. (Signature Name. dos=,h S.Geller •in!) Name: (Print) Title AhomeY (Print) Title: (Print) By. (Signature) By: _ (Signature Name: (Print) Name: (Print) Title (Print) Title: _ (Print) By. . (Signature) By. (Signature Name: _(Print) Name _ (Print) The: (Pryor) Title: (Print) By: (S inature) By _ (Signature Title: (Print) Title. (Print) Title. (Print) Title' _ _ (Print) By. (Signature) By (Signature Tine: (Pnn(J Title. _ (Prof) Title: (Print) Title. (Pont) By (Signature) By: (Signature Title'. (Print) Title: (Print) Title: (Punt) Title. (Prinz) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)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 1 COUNTY OF MIAMI-DADE) Beige me.Me undersigned aumci ,personal/ a Joseph S.Geller ty, Y appeared a Affiant,w I being 1 by y swan,did swear or affirm That he/she executed Nis AHdadt for the purposes slated herein and that it is We and correct IA 1 SWORN TO AND SUBSCRIBED before me this do day ol_August_ ,200/ a� _ ?Y�,.:fi• MICHELE RENNERT Nota Public State of Florida At La ;T Notary Laren = tut CommBsbnq FE 929437 -+` 34 Expires October 29,2019 Printed Name of NotaryM SOFAS MN TgrV.s.allal01.16m3 My commisam expires', STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared the Affiant.who being first by me duly sworn,dA swear or affirm Mal he/she executed this Affidavit for the purposes staled therein and Nat it is rue and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of __200_ Notary Public Stale of Florida At Large Punted Name of Notary My commission expires. _ _ STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,Me undersigned authority,personally appeared _ the Affiant way being first by me duly sworn,did swear or affirm that he/she executed this Affidavit Ia the purposes slated herein and that II is true and correct. AFFIANT SWORN TO MD SUBSCRIBED before me this_ day of _200_ Notary Public State of Fbrga Al Large Ponied Name of Notary My commission expires'_ _ _. STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared the Affiant who being first by ma duty sworn,did swear or affirm that he/she executed This Ntidavt or the purposes staled therein and that it is Nle and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of Notary Public Stale of Fonda At Large Printed Name of Notary My commission expires._ _ a f m. BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)h)(ii)of the City of Ayentura Land Development Code The undersigned Aiken'hereby discloses that (mark with'x'applicable portions only) 1, Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. I j 2 Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will he presented,as follows'. (List name of Commissioner or AdvLory Board Member) who serves on the (List City Canmissun or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: i I I. Member of City Commission or Board holds an ownership interest iin excess of 1%of total assets or capital stock of Applicant or Relresentalive, 1711. Member of City Commission or Board is a partner,co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture', I j iii The Applicant or Representative Is a Client of a member of the City Commission or Board or a Client of another professional working from the same of ce or for the same employer as the member of the City Commission or Board, (j iv A City Commissioner or Board member is a Client of the Applicant or Representative, 11 v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,0000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year, f j vi The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than S 000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS�1:) )SYOF AUGUST )K 201 F) APPLICANIREP SENTAT IV E'. By- / (Signature) Name'F ncisco Fajardo Print) title.Su no:.vee Presideni or Lannes and aarea Inc (Print) WITNESS MY HAND THIS DAY OF ye —C-CI i PROPERTY OWNER. By: (Signature) Name: (Pont) Title._ (Pont; 'The terms "Business Relationship," "Chem," 'Customer" "Applicant' "Representative" and 'Interested Person"are defined in Section 2-395 of the AVentura City Code. WITNESS MY HAND THISJ� DAY OF AUGUST pqr( :�.1�; REPRESENTATIVE(Listed Business Relationship Affidavit) 1`� By: (Sgnature) By:_ (Signature Francisco Fajardo Name. (Pont) Name: _ (Plot) TitieN'ffi PreSICISni of tonnes ane Garcia lac/Print) Title: _ _ (Print) By: (Signature) BY _ —_ _ _(Signature Name: (Print) Name: (Print) Title. _..(Print) The: (Pont) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: _(Prim) Title.___ _._ (Print) By. _ (Sgnature) By (Signature Title: _ (Pint) Tide: (Print) Title: (Print) Title: (Print) By:._.. (Signature) By:. - _ (Signature Title:_.._ (Pring Title: _(Print) Title: (Pont) Title: (Punt) By (Signature) By: (Signature Title: (Print) Title'. __(Print) Title. _ _ (Print) Lille:_ (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-7l(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. • STATE OF FLORIDA ) NOTARIZATION PROVISION COUNTY OF MIAMI DADE) Bebe me,the undersigned authority,personally appeared Francisco Fajardo pre Affiant,who executed this Affidavit be the purposes stated therein and Nat it is true and cared. -- Ing first by me duly swan,did swearaaffirm hat he/she /WEAN SWORN TO AND SUBSCRIBED before me l dayOfAugust ue" a [ ) hi 2 irsks ANGELA P.CANNES N7gy ,5 lepl Fqq�fiyaa 1 -1—"112153 ft 'r' MY COMMISSION I2.201 8S l7r/�r[,/__I'l � F: EXPIRES:NMI 2,2018 Printed rmss of Notary ° BOMNlln Notary Putt&uMwriten MyNTmissrm¢ p ZL'�it ----------------- STATE OF FLORIDA -- "-_-'- --__--� COUNTY OF MIAMI-DADE) Bebe me.the undersigned authority,personally appeared be AMant who beingfirstb executed this Affidavit or the purposes staled herein and that it is We and cored by me duly sworn,did swearaalfinn Nal baShe AFFIANT SWORN TO AND SUBSCRIBED bebre me this day of 200_ Notary Pubic Stated Flonde N large PnatedName of piery My comexpires __._ COYFLORIDA ) - - "-- --- ---. COUNTY Of MIAMOF MIAMFDADE) Before me,the undersigned authority,personally appeared the Alhem who being firs!by me duly executed his Affidavit b the purposes stated heron and!hal11 is nue and correct sworn,did swear of affirm that Ne/sbe ((((((' AFFIANT SWORN TO AND SUBSCRIBED bete me this day of_ _200_ --- Notary Public Slate of Fledge Al Large Ponied Name of Notary R My commission expires:__._ STATE OF FLORIDA COUNTY OF MIAMI-0ADE) Before me,he undersigned authority personally appeared the Affront,who being first by me duly sworn,did swear or affirm Nat he/she exerted this Affidavit for the purposes stated herein and hal it is true and correct. w AFFIANT SWORN TO AND SUBSCRIBED before me Nis-_day of ,200 Notary Pute Slate of Florida At Large Pdnied Name of Notary My commission expires. __ BUSINESS RELATIONSHIP AFFIDAVIT* Zgr•r� This Affidavit is made pursuant to Section 31-71(b)(2)0i)of the City of Avenlura Land Development Code. The undersigned ARianl hereby discloses that. (mark with'r�applicable portions only) V AManl does no(have a Business Relationship with any member of the City Commission or any City Advisory Boyd to which the application will be presented. 1 12 Affiant hereby discloses that it does havg a Business Relationship with a member of the City Commission or a City Advsory Board to which the application will be presented,as follows. (Lit name d 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. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative, 11 ii. Member of City Commission or Board is a padner, cosharehdder(as to shares of a corporation which are not listed on any national or regional stock exchange)or pint venturer with the Applicant or Representative in any business venture, ]iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; 11 iv. A City Commissioner or Board member is a Client of the Applicant or Representative, 11 v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his a her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year; 1]vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HA e THI. ..s DAY OF ALJfUJST ,200_ APPLI r•r'EP'i ' _ By. (Signature) Name. acha R.Wethn•ton (Primo Title re • .n (Pend WITNESS MY HAND THIS TS DAY OF .4")'"• _,20$rt PROPERTY OWNER. By:_ (Signature) Name'. _ (Pion) Title. (Print) The terms "Business Relationship," "Client" "Customer," Applicant.' "Representative"and 'Interested Person"are defined in Section 7195 of the Aventura City Code WITNESS MY HAND THIS_a iAAYOE—�Ai irusT ,2005( REPRES . .ATNE;JLis- .n Businnse(felationship Affidavit) By ------ ( ure) By. (Signature Name' achary R.Wethington (Pont) Name'. (Print) Till Architect (Prim) Tale: _ (Pant) By: (Signature) By. _ (Signature Name: _ (Print) Name- (Print) Title: _ (Prim) Title: _ (Pnnt) By: (Signature) By (signature Name: __(Print) Name: _ (Prnt) Title: (Print) Title: (Print) By (50nature) By. (Signature Title: _(Prm) Title: (Print) Title: (Print) Title: (Pant) By: _(Signature) By: (Signature Title: (Pith° Title. _ (Pant) Title: (Print) Title: _ (Print) By: (Signature) By: (Signature Title: (Print) Title: _(Print) Title: (Print) Title: _ (Prim) NOTE: 11 Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv)of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Belvue me,the undersigned airiholg,personally appeared Zachary R.Wethingtonme Affiant,who being first b uy sworn,do s ,- or affirm Nat he/she executed Nis Affidavit for the purposes slated therein and lhal itis true and correct AFFI N !`� '( JAEL 0 HODGSON SWORN TO AND SUBSCRIBED before me this 13 day ol_August 207$ • NOldryfYOiC-$Idle 01 FI0rI0d Maty' Slate of FlMda Al tarn. '�?'yw.r My Comm.Exp. / c Meyd, el Hodgsoncouncil Banded Thru American Safety council nted Name of Notary 'VIa 2, 2020 My commission expires_i Y. STATE OF FLORIDA I COUNTY OF MIAMI-DADE) Belle me,the undersigned authority,personally appeared _ the Mani.who being first by me duly sworn,did swear or affirm that h&she moiled this Affidavit for the purposes stated therein and Nal h is Inv and correct. AFFIANT SWORN TO AND SUBSCRIBEDbebe me this _day of_ ZOO_ Notary Public State of Florida At Large Printed Name of Notary My commission expires._ _ __ STATE OF FLORIDA ) COUNTY OF nguai DnDE) Belle me,the undersgned authority,personally appeared _-. the Affiant.who being first by me duly sworn,the swear or affirm That he/she executed this ARtlaril for the purposes slated(herein and that it is true and cared AFFIANT SWORN TO AND SUBSCRIBED before me this__ day of Notary Public Slate of Flonde At Large Printed Name of Notary My commission expires:- _ _. STATE OF FlMII- COUNWNTY OF MIAMI-DADE) Before me,Me tindersgned authority,personally appeared the Alfieri,who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes slated therein and that it is We and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this. day of _ _ _200_ Notary Public State of Florida At Large Pnnled Name of Notary My commission expires._ RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO ALLOW THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES AT A COCKTAIL LOUNGE WITHIN 800° WOODFIRED KITCHEN RESTAURANT LOCATED IN SUITE C-3, 2956 AVENTURA BOULEVARD, CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business District; and WHEREAS, the applicant, Forty Three Enterprise LLC, doing business as 800° Woodfired Kitchen, through Application No. 07-CU-18, is requesting Conditional Use approval to permit the sale and service of alcoholic beverages at a cocktail lounge/bar within the 800° Woodfired Kitchen restaurant in Suite C-3 of the Regency Center plaza at 2956 Aventura Boulevard; and WHEREAS, the City Commission held a quasi-judicial public hearing as provided by law to review the application; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for Conditional Use to allow the sale and service of alcoholic beverages at a cocktail lounge/bar within the 800° Woodfired Kitchen restaurant in Suite C-3, 2956 Aventura Boulevard, legally described as a portion of Tract G, "Aventura Second Addition" according to the plat thereof recorded in Plat Book 99, Page 21 of the Public Records of Miami-Dade County, Florida, is hereby granted exclusively to the applicant subject to the following conditions: 1. This approval shall be granted exclusively to Forty Three Enterprise LLC, doing business as 800° Woodfired Kitchen, or any wholly owned subsidiary, in Suite C-3, 2956 Aventura Boulevard, City of Aventura, and may not be City of Aventura Resolution No.201 8- transferred to another owner and/or operator of the restaurant or to another location. 2. Customers will not be permitted to remove an individual glass of alcoholic beverage or any open container from the restaurant. 3. The applicant shall obtain an alcoholic beverage license from the State of Florida and begin sales and service of alcoholic beverages within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission at the written request of the applicant, provided that the applicant has filed the request for extension within the twelve (12) month period prior to expiration. 4. The applicant shall comply with the hours of operation allowed to bars and cocktail lounges for sale of alcoholic beverages for consumption on premises pursuant to Section 4-3(d) of the City Code; namely, between the hours of 8:00 a.m. and 1:00 a.m. the following day. 5. The applicant shall conduct Responsible Vendor Training pursuant to Florida Statutes to ensure no sales are made to underage customers or to customers who may have been over-served at other establishments. 6. No amplified sound shall be allowed in the outdoor patio area to ensure that neighbors are not disturbed by noise. 7. The conditional use approval may be terminated in the event the City Manager determines that the approval has created and/or is creating a disturbance to the community. The applicant agrees to immediately discontinue sales and service of alcoholic beverages upon written notice to the applicant of such a determination. 8. Any discontinuation of the sales and service of alcoholic beverages for a period of 180 consecutive days shall constitute abandonment and shall rescind this approval. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Page 2 of 4 City of Aventura Resolution No. 2018- 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 Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Gladys Mezrahi Mayor Enid Weisman PASSED AND ADOPTED this 4r" day of September, 2018. Page 3 of 4 City of Aventura Resolution No. 2018- ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 4 of 4 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Joanne Carr, AICD II ` Interim City Manage DATE: July 5, 2018 SUBJECT: Application by Granite Aventura LLC for amendment to the text of the City of Aventura Comprehensive Plan to add limited service hotels to Policy 2.1, Medium-High Density Residential Land Use Category of the Future Land Use Element(01-CPA-18) July 10, 2018 Local Planning Agency Meeting Agenda Itemgk July 10, 2018 City Commission Meeting Agenda Item 7t September 4, 2018 City Commission Meeting Agenda Item 8 RECOMMENDATION It is recommended that the City Commission approve an amendment to Policy 2.1 of the Future Land Use Element of the City of Aventura Comprehensive Plan to allow limited service hotels in combination with residential uses in the Medium-High Density Residential Land Use Category. THE REQUEST The applicant, Granite Aventura LLC, is requesting an amendment to Policy 2.1 of the Future Land Use Element of the City of Aventura Comprehensive Plan to allow limited service hotels in combination with residential uses in the Medium-High Density Residential Land Use Category. The applicant's Letter of Intent is attached as Exhibit#1 to this staff report. BACKGROUND The applicant has proposed a combined residential/limited service hotel development on its land at the corner of NE 28 Avenue and NE 185 Street. A limited service hotel is defined as hotel use within a residential development , separated from the residential use, and having its own separate driveway entrance/exit and its own separate lobby, where no more than 10% percent of the gross floor area is devoted to hotel amenities such as dining areas, bars, 1 lounges, and meeting rooms, excluding the gross floor area of accessory ground floor retail and restaurant uses. The Medium High Density Residential Land Use Category in the Future Land Use Element of the City's Comprehensive Plan currently allows only residential uses. Approval of an amendment to that land use category is required to allow the proposed limited service hotel use. The development proposal will also require application for and approval of an amendment to the Multifamily High Density Residential (RMF4) District of the City's Land Development Regulations (LDR). The applicant has submitted its LDR amendment application, which is subject of a separate staff report and ordinance on the July 10 Local Planning Agency and City Commission meetings. If the proposed amendments to the Comprehensive Plan and Land Development Regulations are approved, the development will be reviewed following submission of an application for site plan approval. Once the site plan has been reviewed and all reviewers' comments are addressed, an application for conditional use approval will be presented to the City Commission at a public hearing. THE PROPOSED AMENDMENT The proposed amendment is to Policy 2.1 of the Future Land Use Element of the Comprehensive Plan, as follows': "FUTURE LAND USE ELEMENT LAND USE GOAL Provide the best possible distribution of land use and services to meet the physical, social, cultural and economic needs of the present and future populations of the City. OBJECTIVE 2 The following land use densities, intensities and approaches shall be incorporated in the Land Development Regulations. Measure: Incorporation of the stated land use designations into the Land Development Regulations. Policy 2.1 ' Underlined text indicates insertions. Stricken-through text indicates deletions. 2 The Future Land Use map shall identify all residential land as one of the following Residential Land Use Categories: Medium-High Density. This category allows a range of densities from 25 to 60 dwelling units per gross acre. In this category, the height of the buildings, and therefore, the attainment of densities approaching the maximum depends to a great extent on the dimensions of the site, conditions such as location and availability services, zoning, type of housing structure, the ability to provide sufficient off-street parking, and the compatibility with and impact of the development on surrounding areas. The type of housing structure typically permitted in this category includes low, medium, and high-rise apartments, but may also include single family detached, duplexes, triplexes, quadruplexes, and townhouses and Limited-Service Hotel in combination with Multifamily Residential Use. Additionally, the height of the buildings and attainment of densities approaching the maximum shall also be contingent on the ability of the developer to ensure appropriate transitions and buffers with the surrounding neighborhood, and to alleviate impacts that will adversely impact service levels and quality of life." ANALYSIS Section 31-53 of the City's Land Development Regulations provides that the Comprehensive Plan may be amended by application of an owner of property subject to the amendment. The application has been submitted by the owner in accordance with that section. Notice and hearing procedures are to comply with Section 31-53 of the City Code and Sections 163.3184(11) of the Florida Statutes 163.3184. The applicant's attached Letter of Intent states the consistency of its request with the goals and objectives of the City's Comprehensive Plan. Notice of the proposed amendment has been published in accordance with Section 31-53 of the City Code and Section 163.3184 of the Florida Statutes. If adopted by the City Commission, a copy of the ordinance will be transmitted for comment to the review agencies listed in Section 163.3184 of the Florida Statutes. That legislation provides that comments are to be provided within 30 days of receipt. Staff will present the ordinance to the City Commission for second reading once comments are received and addressed. 3 a er a CI TY C�/=.'� (+iUF'1 Neisen 0.Kasdin _K „L L i 2 6 2018 Akerman LLP Three Brickell City Centre 98 Southeast Seventh Street Suite 1100 INI!IAL Miami,FL 33131 T:305 374 5600 F:305 374 5095 April 26,2018 Joanne Carr, Community Development Director City of Aventura 19200 West Country Club Drive Aventura, FL 33180 Re: Letter of Intent-Proposed Amendment to Comprehensive Plan Dear Ms.Carr: On behalf of Granite Aventura LLC (the "Applicant"), we would like to thank you for taking the time to work with us in connection with the requested text amendments to the Comprehensive Plan ("Amendment"). As discussed, the concept of mixing residential and hotel uses within an urban area is an increasingly popular model for development. When located near a business district and a dense residential area this mix of uses creates a more efficient and pedestrian oriented pattern of development. Hotel guests could stay in close proximity to residents they are visiting, offices, and retail, as well as houses of worship. However, the City's comprehensive plan currently makes no provision for such use in a high density residential area bordering a business district. As presented, Applicant proposes an Amendment to the Comprehensive Plan,which would further this goal. The Amendment to the City of Aventura Comprehensive Plan is proposed to allow Limited- Service Hotels combined with Multifamily Residential Mixed Use ("LSH-MF") in the Medium-High Density Residential Future Land Use Category. See proposed language attached as Exhibit A. The proposed amendment furthers the orderly development of the City by providing the opportunity to locate a Limited-Service Hotel mixed use development within a Medium-High Density Residential Future Land Use Designation, without any changes to the maximum density permitted in the Medium-High Density Residential Future Land Use Designation. The proposed Amendment is consistent with the goals and objectives of the Comprehensive Plan as follows: • Emphasizes the "concentration and intensification of development around centers of activity" and "development of well designed communities containing a variety of uses" by permitting Limited-Service Hotels within the Medium-High Density Residential Future Land Use Designation. (Objective 3 FLUE); akerma n.com 45018409;1 Joanne Carr April 26,2018 Page 2 • Promotes housing diversity in a manner that avoids monotonous development by allowing mixed-use development in the Medium-High Density Residential category. (Policy 3.2 FLUE); • Accommodates residential development in "suitable locations and densities which reflect such factors as recent trends in location and design of residential units; projected availability of service and infrastructure capacity; proximity and accessibility to employment, commercial and cultural centers; character of existing adjacent or surrounding neighborhoods; avoidance of natural resource degradation; maintenance of quality of life and creation of amenities."(Policy 9.3 FLUE); • Provides a diversity of housing and construction types within the Medium-High Density Residential category. (Policy 10.3 FLUE); • Facilitates redevelopment of mixed use projects to promote energy conservation. (Policy 11.1 FLUE); • Provides for "redevelopment and economic development in the City that accommodates growth while maintaining and improving the integrity of the built and natural environment, promotes an identifiable aesthetic urban character" within the Medium-High Density Residential category which "maintains or improves economic vitality in order to maintain a low municipal property tax rate."(Redevelopment Element Goal); • Promotes the retention and expansion of existing businesses, as the Limited-Service Hotel use will help "ensure an adequate supply of non-residential land uses to address economic development goals, provide services and employment opportunities to existing and future residents, and coordinate economic development, development and redevelopment goals." (Policy 1.7 Redevelopment Element). The Comprehensive Plan may be amended in accordance with Section 31-53 of the LDRs. Pursuant to Section 31-53(2), please find enclosed application materials for the Comprehensive Plan Amendment, including the Public Hearing Application for the Amendment, the filing and hearing fees in the amount of$7,500.00 and a deposit for newspaper advertisements as required. We look forward to presenting at the May 17, 2018 workshop. Please do not hesitate to contact me should you have any questions related to this matter. Thank you for your consideration. Sincerely, AIC ,LLP /Jllh y if Neisen 0. Kasdin cc: Susan L.Grant,City Manager David M.Wolpin,City Attorney 45018409;I Exhibit A CITY OF AVENTURA COMPREHENSIVE PLAN Future Land Use Element- Medium-High Density: Medium-High Density. This category allows a range of densities from 25 to 60 dwelling units per gross acre. In this category, the height of the buildings, and therefore, the attainment of densities approaching the maximum depends to a great extent on the dimensions of the site, conditions such as location and availability services, zoning, type of housing structure, the ability to provide sufficient off-street parking, and the compatibility with and impact of the development on surrounding areas. The type of housing structure typically permitted in this category includes low, medium, and high-rise apartments, but may also include single family detached, duplexes, triplexes, quadruplexes, and townhouses and Limited-Service Hotel in combination with Multifamily Residential Use [LSH-MEL. Additionally, the height of the buildings and attainment of densities appropriate transitions and buffers with the surrounding neighborhood, and to alleviate impacts that will adversely impact service levels and quality of life. r F APPLICANT REPRESENTATIVE AFFIDAVIT °0../ Pursuant to Section 31-71(b)(2)(i)of the City of Aventura Land Development Code,this Applicant Representative Affidavit is hereby made and submitted, The undersigned authorized representative of the individual a entity applying for the Development Permit which is identified in the accompanying application,and the owner of the property subject to the application(d different)hereby lists aid identifies all persons representing the individual or entity applying fa the Development Permit in connection with the application,as follows'. Name Relationship fi.e.Attorneys,Architects,Landscape Architects,Engineers,Lobbyists,Etc) Nelsen o. Kasdin Attorney Marissal R.Amuial Attorney Cecelia Ward Planner Bernardo Fort-Brescia/Fidel Zabik Architect John Kim Engineer (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 711E SUBJECT PROPERTY. APPLICANTS MD AFFIANTS ME ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC.31.71(B)(2)(I )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 COMPASSION. THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS fr14.DAY OF /a-pini) 2OP t5 AUTHORIZED REPRESENTATIVE OF APPLICANT: OWNER • By: By: Ai�__ (Signalise) Name Name: g Title: f KIE'AOSJ (Piing (fYiQr/ES(OlT Title: /� Address: Address: 2/4 W K9`t S ,Sti.te#1x00,. /GadoY4' nit / 00/8 STATE OF F6BRIBA NY ) r COUNTY OF MMMkBABE)p1W Y best Before me the undersigned authority personally appeared u:.' 12.V G'• • as the authatzed representative of the Applicant andior the owner of the property subject to the application, who being first by : duly swum, did • affirm that he/she executed this Affidavit for the purposes staled therein and that it Is hue and coned. tiakrix. AFF'NT SWORN TO AND SUBSCRIBED BEFORE ME this day of Apr;( 2.• . , �ryStFIRtAB,Abfarge ,.cal n Printed Nam.of Notary fq. 1 .itt- -agora My commission expires: June_ 6t 2o,8 a BUSINESS RELATIONSHIP AFFIDAVIT" %term This Affidavits made pursuant to Section 31-71(b)(2)(ii)of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that (mark with'x applicable portions only) k11. Affiant does not have a Business Relationship with any member of the Cil Commission or any City Advisory Board to which Me application will be presented. [ ]2. Affiant hereby discloses that it does have a Business Relationship with a member al the City Commission or a City Advisory Board to which the application will be presented,as follows: (List name of Commssioner or Advisory Board Member) who serves cn the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship rs as follows'. ft. Member of City Commission a Board holds an ownership interest in excess of 1%of total assets or capita'stock of Applicant or Representative; (J ii. Member of City Commission or Board is a partner,co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange)or joint venturer with the Applicant or Representative in any business venture; (]it. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional wanking from the same office or for the same employer as the member of the City Commission or Board; ]]iv. A City Commissioner or Board member is a Client of the Applicant or Representative; (]v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his a her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year; I vi. The member of the City Commssion or Board is a Customer of the Applicant or Representative and transacts more than$25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF 200_ APPLICANT: By: /signature) Name: (Print) Title: (Prin0 +t WI ESS MY HAND THIS f9 DAY OF f+Pn I 23 PROPERTY t NNERR: , O /Signature) Name: TN¢'. iC A . — pa) The terms 'Business Relationship,' 'Client," 'Customer" 'Applkam' 'Representative'and interested Person"are defined in Section 2-395 of the Aventura City Code NOTARIZATON PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Belle me Peundersigned authonry,personally appeared I-4AC.QY 0.a$ ,M,who being first by me - •n,did swear or affirm Gat he'9e executed this Affidavit b Me purposes slated therein and Nal it is true all correct AFFI emt SWORN TO AND SUBSCRIBED berme me Mrs 1 day of Apel 201g'� . ' Nosy' SraN ofr¢th�A tr ♦ ODNTUP Printed Nene of Notary My commission expires' Jure s0-nye •l "' 2DIa STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me the undersigned author y,personally appeared the Affiant who being first by me duly sworn,de swear a affirm Nal heshe executed Nis Alfdenl for Ge purposes staled merem and that it is he and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of Notary Pubk Slate of Fbide At Large Punted Name of Notary My commission expires. STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me.the undmsged authority,personally appeared the Affiant who being first by me duly swan,dig swear a affirm that he/she executed this ARdadl hr Me prams staled therein all that it is true and correct. AFFIANTSWORN TO AND SUBSCRIBED before me the day of ,200 . Navvy Put&State of Banda At Lage Ponied Name of Naary My comnkim mea: STATE OF FLORIDA ) COUNTY OF MMMI-DADE) Belem me.ee undersigned authority,personally appeared Ne Affiant who being first by me duly swan,did swear a affm that heishe executed this AGdnet tor the purposes stated theran and Nat itis Gue and co reel. AFFIANT SWORN TO AND SUBSCRIBED before me this day ol 200_. • Notary Public State of Moeda Al Mega Printed Name of Notary .. - My commission expire.__ WITNESS MY HAND THIS 24/"-DAY OF A/2.t-1- 2911/42 REPRESENTATIVE./ (Listed on Business Re'atonshio Affidavit) By:(RE/ 4)k(Srgnature) By. (Signature Name.CeeL'tin- i4-(0(Pont) Name: _ (Prof) Title/04(5/ etc- (Print) Title: _. (Punt) Lie caZSLk� $/c.Leu t,c By:IIL✓ X (Signature/ By: (Signature Name:CbAQf I SSC A ,VaJnnt) Name: (Prin!) Title: 1.: ' _ _(Pont) Tile: _ (Ptin) By:__ _ t. (Sgnature) By (Sgnature Name: IV 1,r Ifv( _/Pont) Name' _ _(Pint) Tiller (Print) Title _ (Pim) By. (Signature) By: (Signature Title. (Minn Title (Pim!) Title. (Print) Title. .___ (Pan!) By. (Signature) By: (Signature Title: (Print) Title. (Print) Title: (Pint) Title. .__(Prim) By: (Signature) By: (Signature Title: (Pin!) Title: (Pont) Title' (Pant) Title._ _ (Pant) 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. B 1-71(b)(2)(iv)of We 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 I COUNTY OF Lc/Let;0 ?I/he F/'-t✓all B erre,theuntredau9mb,personal Appeared _.. __ —. — the Affront who tieing first by me duly swan.did swear or affirm Matnushe executed this a purposes /ISOM kr the purp ses slated Nam and Nal It a hoe/Id CON . '���ssLs yyIIss y� II l p�A ARRANT SWORN TO AND SUBSCRIBED before me this 4/dayoffq�su 10y0 `` ,11I //Menq` ERIGG 7 r rn Fdl 5 es � tc qq UYWW''rraa��lk!`lt o 1l - y k I onr r+r Printedof / iii comm _-. My ssonm eap es STATE OF FLORIDA 1 COUNTY OF MIAMI-DADE) � ��s �..((``��,, 1•�/�/�1J Behe me.the unMiagned euthon ,personally appeared F'T-41r1�Yl AThipt fe Affiant who being first by me duly sworn.did swear at Mtn Nal heMbe executed flus ArdaII for the purposes slated therein and that it is Ore and correct r w � 91181.WfTLL smc IIANT - MY Q7NB991ON 9 FF919693 Q3 EXPIRES:Decembn2l,2019 SWORN TO AND SUBSCRIBED before me this eC=.Eay of �\_, 0i0. OP*dl �Ndgs�y"Pu S of ea At Large s -l .C✓-ql YTh e/s\ _ LF Printed Norse e es q STATE OF FLORIDA 1 COUNTY OF MIAMI OADE) n,e 1P----cl Belie me.Me undasgned authority,personally appperedKC\ t\Yl _ the Abe'in first by me duly sworn,04 swear or aTlm that iwsie mevted the ABdanl km Me purposes staled Memo aMNel il'is true and correct OtIONAWISSICNNEY154111683 AFFIANT �IR E7ES:Deaxllbar 21,29101 9 -�'2 Balm Tin SonyNylelktlw+b SWORN TO AND SUBSCRIBED belle me lh -Ray ol/p 'm {-' Pu,: -k of Riad; LeSF M ^\ . S It I .'2 • Med Name•of Notary My commission epr \°l STATE OF FLORIDA 1 COUNTY OF MIAMhDADEI Belle me,Me underogned auaelly,personally appeared _ Me Alaani who being first by me duly sworn.db swear or affirm that lelshe executed this Affidavit lot the purposes slated therein and that is bue and cured. _ AFFIANT - — - SWORN TO AND SUBSCRIBED before me this day of _ -200_. Notary Public Stele of FbMda At Lame PrintedName of Notary My mmmission eapries.. WITNESS MY HAND THIS-4_ DAY OEC age REPRRESEN .TIME:(Listed on Business Relationship Affidavit) Byr"`/ / i ,i �i acre) By:_ (Signature / 7 ;V, " 1.O r N�me:1�VA--Bp�� (Pant) Name: (Pont) Title': tINUPPV (Print) Title: (Point) By: _ 7 (Signature) By: (Signature Nam ' 'D P - fag— (Print) Name: (Print) Title: Vlce i sl r _(Pont) Title. (Print) By: (Signature) By (Signature Name:_ _(Pnnp Name:_ (Print) Title: (Print) Title: (PSI) By. (Signature) By. -. (Signature Title: (Print) Title: (Print) Title. (Print) Title: (Pant) By_.. (Signature) By:_.. . (Signature Title. (Print) Title: (Pantl Title: (Print) Title. (Prot) By: (Signature) By: _ (Signature Title: (Print) Title: (Pont) Title: (Prind Title'. (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(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 I COUNTY OF MIAMI-DADE) 13W-1.1/4114,0 Before me,me undersigned authority,personally appearetl I?_._ T' Me Affanl who••mg first by me duly warn.did swear or affirm that he/she executed this Affidavit fa the purposes Mated therein and that it s true and correct re SWORN To.i ` M•v s-71 GldssstDRtFF tss32e r�t.ThrryouzudL�` ) ... EXPIRES Atgwl27,7018 y�I,�• ,7,,s, awed Prvtewarpubetimwre I .le•%�AINC _ U . �-) Printed Name of Notary I Y V�-�10L�`'�� My mansdm exWes'.CJ 1211 iU ���iii STATE OF FLORIDA 1 COUNTY OF MIAMI DADE) ^ .�y Before me,the undersgned authority,personally appeared'Ft 24 Mk the Affiant who being first by me duly swan,did swear or affirm that he/she executed Nis Afidauit fa the purposes staled therein and Nath is true and correct. 104-4 22 dayorJ.. 2#1 (. . a MYCOMSIQV MISYfP1.55329 _ PIa 1 •- EXPIRES: . . 7] 7018 L•"h-- - _inti_ I 13.a1y "lsc StateF L���'�sr�-"�'°�� Printed Name of Notary ppi-2 My martssion expirespJ �LJ[O STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me.Me undersigned authority,personally appeared the Affiant who being first by me duly swan,did swear or affirm Nal he/she executed this Affidavit for the purposes slated therein and that itis true and cared. AFFIANT SWORN TO AND SUBSCRIBED belle me les day of 200_ Notary Pudic Slate of Fonda At/age Printed Name of Notary My commission expires. _ STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authonty,personally appeared the Affiant who being first by me duly sworn,dal swear or affirm that he/she executed this Affidavit for thepurposes stated therein and that it Is hue and correct. AFFIANT SWORN TO AND SUBSCRIBED before me MTs day of —._ 200_ Notary Pudic State of Florida At Large Printed Name of Notary —� _-- My commission expires._ __... .__. WITNESS MY HAND THIS DAY OF 200_ REPRESENTATIVE:(Listed on Business Relationship Affidavit) By c , Signature) By:, _ (Sgna(ure Name: joNN g Kral (Print) Name: ._. (Print) Title_SR- Kauatur MAtMeag(Pont) The: (Pant) By: (Signature) By. _ (.gnawre Name. (Pont) Name: (hint) Title: (PPM/ Tille: _ (hint) By: (Signature) By. (Signature Name: _(Pont) Name. (Pont) Title: _(Print) Title: . ._(Print) By. (Sgnatore) By: (Signature Title: _ (Pont) Title: (Pro) Elle. (Pin) Title _ (Pont) By:_ _ (Signature) By: (Signature Title: _ (Print) Title:_ (Pant) Title: (Prot) Title: _(Print) By: (Signature) By (Signature The: (Pont) Title: (Print) Title: (Pont) The: (Pm) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv)of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Berme me,the untl95ign¢d wtlwrity,personally appeared}(SIV J�i(I[Yl. the Mani who being first by me duly sworn,did swear or affirm Nat he/she executed this Afldant for the that it a true arilcorrect. y •••rr•'•r.^MY ComO INTHIA SULFA 2018 AFFIA T .,• COflINTHIA SEILEfl _IA it _. . // Expire bWDNIWI MMBsrgf.1aire punas thisday ofi ±-404$ , V '•" :t CommlaalOn# FF 099219 `47/�A, Ian' ii• Boded Through National Notary Asn � a Pnkd Name of Notary p My rrwsslm expes..57/ /p STATE OF FLORIDA ) COUNTY OF MWMI RADE) Belie me.the undersigned authority.personally appeared -the Affiant who being first by me duly sworn.did swear or affirm That he/she executed Nis ANtlaMt for the purposes stated therein and that it is We and correct. AFFIANT SWORN TO ANO SUBSCRIBED before me this day of_ -_-_ 200_ Notary Public Stale of Fbda At Large Printed Name of Notary My commission expires:___ STATE OF FLORIDA ) -�--- COUNTY OF MIAMI DADE) Before me,the undersg'ied wthonty,personally appeared _ __ _-. ._the Affiant who being first by me duly sworn,did swearer affirm that he/she executed this Affidavit for the purposes slated therein and that itis hue and mint AFFIANT SWORN TO AND SUBSCRIBED before me this__.day of ,200_ Nagy Public State 01 Ronda At Large Punted Name of Notary My commkvo expires:—._ — STATE OF FLORIDA f COUNTY OF MIAMI-DPDEI Before me.the undersigned authority,personally appeared_ the Affiant..who being first by me duly sworn.did swear or affirm that he/she executed this Affidavit for the purposes staled therein and that rl is due and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this_ __day of — _200- Muth Public St tecif Florida At Large PBMed Name or Notary My commission expires.- _. — ORDINANCE NO. 2018- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING POLICY 2.1 OF OBJECTIVE 2 OF THE LAND USE GOAL IN THE FUTURE LAND USE ELEMENT TO ADD LIMITED SERVICE HOTEL IN COMBINATION WITH MULTIFAMILY RESIDENTIAL USE TO THE LIST OF PERMITTED HOUSING STRUCTURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Department of Community Affairs of the State of Florida found in compliance the City of Aventura Comprehensive Plan (the "Plan") in December 2014; and WHEREAS, the applicant, Granite Aventura LLC, through Application No. 01-CPA- 18, has made application to the City of Aventura to add limited service hotel in combination with multifamily residential use to Policy 2.1 of Objective 2 of the Land Use Goal in the Future Land Use Element of the City of Aventura Comprehensive Plan; and WHEREAS, the applicant, Granite Aventura LLC, through Application No. 02-LDR- 18, has made concurrent application to the City of Aventura to amend Section 31- 143(f)(2a) of the City's Land Development Regulations to add limited service hotel in combination with multifamily residential use as a conditional use in the Multifamily High Density Residential (RMF4) District, which application is contingent upon the comprehensive plan amendment transmitted becoming effective; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the Plan amendment will not result in impacts on any infrastructure system that will exceed established level of service standards and is otherwise consistent with the goals, objectives and policies of the Plan; and WHEREAS, the City Commission believes it is in the best interest of the public to amend Policy 2.1 of Objective 2 of the Land Use Goal in the Future Land Use Element City of Aventura Ordinance No. 2018 - to add limited service hotel in combination with multifamily residential use; and WHEREAS, the City Commission believes the amendment will maintain the unique aesthetic character of the City and improve the quality of life for its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Findings. That the foregoing "Whereas" clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. Section 2. Amendment to the Comprehensive Plan. That Policy 2.1 of Objective 2 of the Land Use Goal in the Future Land Use Element of the City of Aventura Comprehensive Plan is hereby amended as followsl: "FUTURE LAND USE ELEMENT LAND USE GOAL Provide the best possible distribution of land use and services to meet the physical, social, cultural and economic needs of the present and future populations of the City. OBJECTIVE 2 The following land use densities, intensities and approaches shall be incorporated in the Land Development Regulations. Measure: Incorporation of the stated land use designations into the Land Development Regulations. Policy 2.1 The Future Land Use map shall identify all residential land as one of the following Residential Land Use Categories: ' Underlined text indicates additions. Stricken-through text indicates deletions. Page 2 of 5 City of Aventura Ordinance No. 2018 - Medium-High Density. This category allows a range of densities from 25 to 60 dwelling units per gross acre. In this category, the height of the buildings, and therefore, the attainment of densities approaching the maximum depends to a great extent on the dimensions of the site, conditions such as location and availability services, zoning, type of housing structure, the ability to provide sufficient off-street parking, and the compatibility with and impact of the development on surrounding areas. The type of housing structure typically permitted in this category includes low, medium, and high-rise apartments, but may also include single family detached, duplexes, triplexes, quadruplexes, and townhouses, and Limited-Service Hotel in combination with Multifamily Residential Use. Additionally, the height of the buildings and attainment of densities approaching the maximum shall also be contingent on the ability of the developer to ensure appropriate transitions and buffers with the surrounding neighborhood, and to alleviate impacts that will adversely impact service levels and quality of life." Section 3. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Comprehensive Plan. That it is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Comprehensive Plan of the City of Aventura. Section 5. Transmittal. The City Clerk is directed to transmit the amendment to the State of Florida Department of Economic Opportunity and to all review agencies required by Section 163.3184 of the Florida Statutes. Section 6. Effective Date. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If the amendment is timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final Page 3 of 5 City of Aventura Ordinance No. 2018 - order determining this adopted amendment to be in compliance. No development orders, development permits, or development dependent on this amendment may be issued or commence before it has become effective. The foregoing Ordinance was offered by Commissioner Shelley, who moved its adoption on first reading. This motion was seconded by Vice Mayor Mezrahi, and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Commissioner Howard Weinberg Yes Vice Mayor Gladys Mezrahi 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 Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Gladys Mezrahi Mayor Enid Weisman Page 4 of 5 City of Aventura Ordinance No. 2018 - PASSED on first reading this 10th of July, 2018. PASSED AND ADOPTED on second reading this 4th day of September, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 5 of 5 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Joanne Carr, AICD Interim City Manager DATE: July 5, 2018 SUBJECT: Application by Granite Aventura LLC for amendment to Section 31-21, Definitions, of the City of Aventura Land Development Regulations to add a definition of limited service hotel, and for amendment to Section 31-143(f)(1) to add limited service hotel when combined with multifamily residential use to the purpose statement of the Multifamily High Density Residential (RMF4) District, and for amendment to Section 31-143(f)(2a) to add limited service hotel in combination with multifamily residential use as a conditional use in the Multifamily High Density Residential (RMF4) District(02-LDR-18) July 10, 2018 Local Planning Agency Meeting Agenda Item4, 3 July 10, 2018 City Commission Meeting Agenda Item ag September 4, 2018 City Commission Meeting Agenda Item e5 RECOMMENDATION It is recommended that the City Commission take the following actions: 1. Approve an amendment to Section 31-21, Definitions, of the City of Aventura Land Development Regulations to add a definition of limited service hotel, and 2. Approve an amendment to Section 31-143(f)(1) to add limited service hotel when combined with multifamily residential use to the purpose statement of the Multifamily High Density Residential (RMF4) District, and 3. Approve an amendment to Section 31-143(f)(2a) to add limited service hotel in combination with multifamily residential use as a conditional use in the Multifamily High Density Residential (RMF4) District upon the condition that the concurrent application for amendment to Policy 2.1 of the Future Land Use Element of the City of Aventura Comprehensive Plan, as transmitted under Section 163.3184 of the Florida Statutes, becomes effective. t THE REQUEST The applicant, Granite Aventura LLC, is requesting an amendment to the City's Land Development Regulations to add a definition of limited service hotel, to add limited service hotel in combination with multifamily residential use in the purpose statement and as a conditional use in the Multifamily High Density Residential (RMF4) District. BACKGROUND The applicant has proposed a combined residential/limited service hotel development on its land at the comer of NE 28 Avenue and NE 185 Street. Limited service hotel use is currently not allowed in the Multifamily High Density Residential District (RMF4) District. Approval of an amendment to the Definition and Multifamily High Density Residential District is required to allow the proposed development. The proposal also requires an amendment to the Medium-High Residential Land Use Category in the Future Land Use Element of the City's Comprehensive Plan. The applicant has submitted its application for amendment to the text of the Comprehensive Plan. That application will be heard concurrently with this application for amendment to the Land Development Regulations. Section 163.3184 provides that zoning changes required to properly enact any proposed plan amendment may be considered concurrently, but are contingent upon the comprehensive plan amendment transmitted becoming effective. The applicant has submitted its Application for Administrative Site Plan Revision Approval and Application for Conditional Use Approval. The site plan will be reviewed by City staff while the applications for Comprehensive Plan and Land Development Regulation amendments are underway. Final approval of the proposed site development is subject to conditional use approval. If the proposed Comprehensive Plan and Land Development Regulations amendments are approved and once all site plan review comments are addressed, the application for conditional use approval will be presented to the City Commission at a public hearing. THE PROPOSED AMENDMENTS' CHAPTER 31 — LAND DEVELOPMENT REGULATIONS ARTICLE II. - DEFINITIONS AND RULES OF CONSTRUCTION Sec. 31-21. - Definitions. Hotel shall mean a commercial establishment which provides temporary overnight sleeping accommodations for the general public. No more than five percent of the individual hotel units shall be occupied for more than 90 continuous days by the same occupant of the hotel unit (the "duration of stay restriction"). It shall constitute a 1 Underlined text indicates insertions. Stricken-through text indicates deletions. 2 violation of this duration of stay restriction to allow any person to attempt to circumvent this provision by: relocating to another unit in the same hotel; or by allowing a person to temporarily check out of the hotel and subsequently re-register or check back into the hotel for such purpose. Principal access to all rental rooms shall be through an inside lobby or office supervised by a person in charge at all hours. Other typical hotel services must be offered including daily linen and maid service, and receipt and disbursement of keys and mail by the attendant at the desk in the lobby or office, for the occupants of the hotel. No hotel facility shall be converted to or used as a multi-family residential dwelling. Compliance with the restrictions, conditions or limitations set forth in this definition, shall be certified by the receipt holder at the time of issuance and renewal of the applicable City local business tax receipt. Hotel, Limited-Service is a hotel use within a residential development, physically separated from the residential use and having its own separate driveway entrance/exit and its own separate lobby, wherein no more than ten percent f10%) of the gross floor area is devoted to hotel amenities such as dining areas bars, lounges and meeting rooms, excluding the gross floor area of accessory ground floor retail and restaurant uses. The hotel use and the residential use may be located in one building, but the hotel rooms and residential units shall be located in separate vertical blocks. ARTICLE VII. - USE REGULATIONS Sec. 31-143. - Residential Zoning Districts. (f) Multifamily High Density Residential Districts (RMF4). The following regulations shall apply to all RMF4 Districts. (1) Purpose of districts. The purpose and intent of this district is to provide suitable sites for the development of well-planned, environmentally compatible medium-high density multifamily residential use and limited- service hotel use when combined with multifamily residential development in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed 45 units per gross acre. (2) Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses: a. All uses permitted in the RMF3 District. b. High rise apartments. c. Publicly owned recreation buildings and facilities, playgrounds, playfields and parks. d. ALF. 3 e. Uses accessory to any of the above uses when located on the same plot. (2a) Conditional uses. The following uses may be established if first approved as a conditional use: a. All uses permitted in the CF District. b. Uses that exceed the height limitation, to a maximum height of 30 stories or 300 feet, or to a maximum height of 35 stories or 350 feet for any property which was granted a waiver pursuant to section 3 of Ordinance 2005-07. c. Uses that exceed the density limitation, to a maximum of 60 dwelling units per gross acre. d. For buildings that attain LEED® Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased lot coverage, provided that a green roof and/or green rooftop amenities are provided and maintained for the common benefit of building occupants; and; that increased Florida-Friendly tree canopy and Florida-Friendly plantings designed to calm the heat island effect are located on site, all in an amount equal to the requested increased lot coverage. e. For buildings that attain LEED® Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased floor area ratio. f. Limited-Service Hotel in combination with permitted multifamily residential development, where the hotel is separated from the residential use, subiect to all of the following criteria: (i) Shall only be permitted on properties where a minimum of two (2) sides share all or part of a common lot line with another lot or parcel of land that is zoned Community Business (B2) District on the City's Zoning Map; and (ii) Retail and restaurant uses shall be permitted as accessory uses: and (iii) Not more than 10% of the gross building area shall be devoted to hotel amenities such as dining areas, bars and lounges, and meeting rooms, excluding ground floor retail and restaurant uses; and (iv)The gross floor area of the hotel use shall not exceed 33% of the cross floor area of the building; and (v) Hotel rooms shall meet the criteria in Section 31- 144(c)(1)dd; and (vi)The hotel use and the residential use may be located in one building, but the hotel rooms and residential units shall be located in separate vertical blocks; and 4 (vii)The hotel use shall have its own separate driveway entrance/exit and its own separate lobby; and (viii)The applicant shall provide transportation demand management strategies to reduce the impact of the development, as approved by the City Manager and City's Traffic Engineering Consultant, to reduce adverse effects to the overall transportation network. The applicant shall provide any right of way improvements appropriate to the subiect property. ANALYSIS • Staff provides the following analysis of the request using the standards for reviewing proposed amendments to the text of the Land Development Regulations contained in Section 31-77(g) of the City Code. 1. The proposed amendment is legally required. The proposed amendment is legally required to be consistent with the proposed Comprehensive Plan text amendment and to implement the requested revision to the Land Development Regulations. 2. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan as it will facilitate the type of combined limited service hotel/residential development contemplated by the proposed amendment to the Medium High Density land use designation in the Future Land Use Element of the City's Comprehensive Plan. 3. The proposed amendment is consistent with the authority and purpose of the LDRs. The proposed amendment is consistent with the authority and purpose of the Land Development Regulations. The purpose of the LDRs is to implement further the Comprehensive Plan of the City by establishing regulations, procedures and standards for review and approval of all development and uses of land and water in the City. 4. The proposed amendment furthers the orderly development of the City. The proposed amendment furthers the orderly development of the City, for the reason provided in Paragraph 3 above. 5 5. The proposed amendment improves the administration or execution of the development process. The proposed amendment improves the administration or execution of the development process in that it provides for regulation and a process by which to approve development or redevelopment of a property within the Multifamily High Density Residential District. 6 akerman Nelsen 0 Kasdin Akerman LLP Three Brickell City Centre 98 Southeast Seventh Street Suite 1100 Miami,FL 33131 T:305 374 5600 F:305 374 5095 April 26, 2018 c C�LCc:; CITY OF AVE. IUF,q Joanne Carr,Community Development Director City of Aventura APP. 2 6201 19200 West Country Club Drive Aventura, FL 33180 INT!AL Re: Letter of Intent-Proposed Text Amendment to Land Development Regulations Dear Ms. Carr: On behalf of Granite Aventura LLC (the "Applicant"), we would like to thank you for taking the time to work with us in connection with the requested text amendments to the City of Aventura Land Development Regulations ("LDR Amendment") and amendments to the Comprehensive Plan (collectively the"Amendments"). As discussed, the concept of mixing residential and hotel uses within an urban area is an increasingly popular model for development. When located near a business district and a dense residential area this mix of uses creates a more efficient and pedestrian oriented pattern of development. Hotel guests could stay in close proximity to residents they are visiting, offices, and retail, as well as houses of worship. However, the City's comprehensive plan currently makes no provision for such use in a high density residential area bordering a business district. Applicant proposes an LDR Amendment, with a companion Comprehensive Plan amendment, which would further this goal and permit limited service hotels subject to specific conditions and approvals. As presented, the LDR Amendment would allow Limited-Service Hotels combined with Multifamily Residential Mixed Use ("LSH-MF") in the Multifamily High-Density Residential Districts ("RMF-4"), only on properties that abut Commercial B-2 zoning on a minimum of two sides. See proposed language with additional conditions attached as Exhibit A. Application of Proposed LDR Amendment: One Property to which this legislation could be applied is the vacant Property located at the northwest corner of NE 185th Street and NE 28th Court (folio: 28-2203-082-0630), (the "Property"), which was originally zoned B-2 with a future land use designation of Business and Office.Applicant owns the Property, which is located just south of the retail center containing Mo's Bagels, Addison House, Miller Paint and other commercial uses.The Property is east of Walgreens and directly east of the "Cabi Site" (located at 2777 NE 185th Street), which was recently approved for office and retail use. The akerman.com 45014107;1 Joanne Carr April 26, 2018 Page 2 Property also abuts Aventi townhome complex,Terzetto Villas, and Gateway Centre offices,and is catty- corner to the Lubavitch Aventura South Chabad Synagogue("Synagogue"). The Applicant originally obtained approvals for a high-end residential condominium development. However, based on market changes and in light of the major office development approved to be built directly west of the Property, a modified development plan containing residential and a Limited-Service Hotel would be most appropriate. Both uses are in demand and would be valuable additions to the City. A Limited-Service Hotel in conjunction with residential units would allow for the redevelopment of the Property to serve the immediate community and neighboring Synagogue. The growing community could utilize both aspects of hotel and residential, which would also benefit the surrounding area. Further, the mixed-use would be complementary to the neighboring office use. The Property is a prime location for a mixed-use project, as it sits just south of existing retail and commercial uses, just east of Walgreens and the Cabi Site, and adjacent to a growing and vibrant Synagogue. Standards for Reviewing Proposed Amendments to Lofts Section 31-77(g) describes the standards for reviewing proposed amendments to the text of the LDRs. The proposed LDR Amendment meets the criteria as described below. The standards are listed below in bold and underline text,with responses following each criteria in plain text. Ji)The proposed amendment is legally required.The proposed LDR Amendment is required to be consistent with corresponding Comprehensive Plan text amendments. (2)The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan.The proposed LDR Amendment is consistent with the goals and objectives of the Comprehensive Plan because the LDR Amendment: • Emphasizes the "concentration and intensification of development around centers of activity' and "development of well designed communities containing a variety of uses" by permitting Limited-Service Hotels on sites abutting B-2 on minimum of two sides. (Objective 3 FLUE); • Promotes housing diversity in a manner that avoids monotonous development by allowing mixed-use development in the Medium-High Density Residential category. (Policy 3.2 FLUE); • Accommodates residential development in "suitable locations and densities which reflect such factors as recent trends in location and design of residential units; projected availability of service and infrastructure capacity; proximity and accessibility to employment, commercial and cultural centers; character of existing adjacent or surrounding neighborhoods; avoidance of natural resource degradation; maintenance of quality of life and creation of amenities." (Policy 9.3 FLUE); • Provides a diversity of housing and construction types within the Medium-High Density Residential category.(Policy 10.3 FLUE); 2 Joanne Carr April 26,2018 Page 3 • Facilitates redevelopment of mixed use projects to promote energy conservation. (Policy 11.1 FLUE); • Provides for "redevelopment and economic development in the City that accommodates growth while maintaining and improving the integrity of the built and natural environment, promotes an identifiable aesthetic urban character" within the Medium-High Density Residential category which "maintains or improves economic vitality in order to maintain a low municipal property tax rate."(Redevelopment Element Goal); • Promotes the retention and expansion of existing businesses, as the Limited-Service Hotel use will help "ensure an adequate supply of non-residential land uses to address economic development goals, provide services and employment opportunities to existing and future residents,and coordinate economic development, development and redevelopment goals." (Policy 1.7 Redevelopment Element). 0)The proposed amendment is consistent with the authority and purpose of the LDR. Pursuant to Section 31-2 of the LDRs,the purpose of the LDRs is as follows: The purpose of the LDRs is to implement further the Comprehensive Plan of the City by establishing regulations, procedures and standards for review and approval of all development and uses of land and water in the City. Further, the LDRs are adopted in order to foster and preserve public health, safety, comfort and welfare, and to aid in the harmonious, orderly, and progressive development and redevelopment of the City. It is the intent of these LDRs that the development process in the City of Aventura be efficient, in terms of time and expense; effective, in terms of addressing the natural resource and public facility implications of proposed development; equitable, in terms of consistency with established regulations and procedures, and show respect for the rights of property owners, and the consideration for the interests of the citizens of the City. The LDR Amendment is consistent with the purpose of the LDRs because it furthers the implementation of the Comprehensive Plan by furthering the goals and objectives of the Comprehensive Plan as stated above. Moreover, the LDR Amendment is consistent with the purpose of the LDRs because the proposed amendments preserve progressive development of the city, making the development process in the City more efficient, effective and equitable. The proposed LDR Amendment establishes regulations, procedures and standards for review and approval of Limited—Service Hotel development within the RMF-4 zoning district, permitted only on properties that abut Commercial B-2 zoning on a minimum of two sides and which are: • Subject to Conditional Use Review and Approval by the City Commission • Subject to Compliance with Use and Design Criteria • Subject to Implementation of"Traffic Mitigation" measures 3 Joanne Carr April 26,2018 Page 4 14)The proposed amendment furthers the orderly development of the City.The proposed Amendment furthers the orderly development of the City in the following ways: • Provides the opportunity for a Limited-Service Hotel within the RMF-4 zoning district without any changes to current permitted dimensional standards,floor area ratios, applicable parking standards,and maximum density. • Provides design criteria to ensure preservation of the residential zoning designation. o Not more than 10% percent of the gross building area shall be devoted to hotel amenities such as dining areas, bars and lounges,and meeting rooms,excluding ground floor retail and restaurant uses. o The gross floor area of the hotel use shall not exceed 33%of the gross floor area of the building. o Limited-Service hotel only permitted on properties where a minimum of two (2) sides abut a parcel that is zoned Commercial B-2. • Provides the opportunity for the location of a Limited-Service Hotel mixed use development within close proximity to a house of workshop, such as the existing orthodox Synagogue, which relies on reasonable walking distances. • Provides traffic mitigation measures to improve the opportunity for use of alternative modes of transportation within the City. J5)The proposed amendment improves the administration or execution of the development process.The proposed LDR Amendment improves the administration of the development process by including the requirement for Conditional Use review and approval by the City Commission for proposed Limited-Service Hotel mixed use development in the RMF-4 zoning district. 4 Joanne Carr April 26,2018 Page 5 Reduction in Hotel Units and LEED Certification: We presented at the City Commission Workshop on February 16, 2017 and again on March 22, 2018. Applicant originally anticipated approximately 200 hotel units and 200 condominium units on the Property. Based on initial feedback of the commission, we lowered the hotel count to 180, and agree to lower up to another 10 hotel units. Further, Applicant will ensure that the proposed project will be LEED certified. Public Benefit: The proposed LDR Amendment will allow the transformation of a long vacant and underutilized parcel in a prominent location of the City into a highly valued and iconic development, and will serve to fill a need for high-quality residential development and hotel accommodations suitable for families and their visitors, particularly near the neighboring Synagogue, which will promote and enhance the pedestrian environment. Voluntary Proffer: To mitigate impacts of additional high school students that may be generated by the future development of the Property, Applicant agrees to voluntarily proffer a $1 million contribution towards the proposed Aventura High School (A.K.A. Don Soffer Aventura High School), at time of conditional use approval for a project at the Property containing both residential and hotel use. Payments would be made in installments over two (2)years at such time that a building permit is issued for such project. 5 Joanne Carr April 26,2018 Page 6 Workshop and Application Materials Please find enclosed application materials for the LDR amendment, including the Public Hearing Application for the Amendment, the filing and hearing fees in the amount of$7,500.00 and a deposit for newspaper advertisements as required. We look forward to presenting at the May 17, 2018 workshop. Please do not hesitate to contact me should you have any questions related to this matter. Thank you for your consideration. Sincerely, AKE' t••,LLP Nelsen 0. Kasdin cc: Susan L. Grant,City Manager David M.Wolpin,City Attorney 6 Exhibit A ARTICLE II. - DEFINITIONS AND RULES OF CONSTRUCTION Sec. 31-21. - Definitions. Hotel shall mean a commercial establishment which provides temporary overnight sleeping accommodations for the general public. No more than five percent of the individual hotel units shall be occupied for more than 90 continuous days by the same occupant of the hotel unit (the "duration of stay restriction"). It shall constitute a violation of this duration of stay restriction to allow any person to attempt to circumvent this provision by: relocating to another unit in the same hotel; or by allowing a person to temporarily check out of the hotel and subsequently re- register or check back into the hotel for such purpose. Principal access to all rental rooms shall be through an inside lobby or office supervised by a person in charge at all hours. Other typical hotel services must be offered including daily linen and maid service, and receipt and disbursement of keys and mail by the attendant at the desk in the lobby or office, for the occupants of the hotel. No hotel facility shall be converted to or used as a multi-family residential dwelling. Compliance with the restrictions, conditions or limitations set forth in this definition, shall be certified by the receipt holder at the time of issuance and renewal of the applicable City local business tax receipt. Hotel, Limited-Service is a hotel use within a residential building, physically separated from the residential use, wherein no more than 10% percent of the gross floor area is devoted to hotel amenities such as dining areas, bars, lounges, and meeting rooms, excluding the gross floor area of accessory ground floor retail and restaurant uses. ARTICLE VII. - USE REGULATIONS Sec. 31-143. - Residential Zoning Districts. (f) Multifamily High Density Residential Districts (RMF4). The following regulations shall apply to all RMF4 Districts. (1) Purpose of districts. The purpose and intent of this district is to provide suitable sites for the development of well-planned, environmentally compatible medium-high density multifamily residential use and limited-service hotel use when combined with multifamily residential use [LSH-MF), in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed 45 units per gross acre. (2) Uses permitted. No building or structure, or part thereof; shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses: f. Limited-Service Hotel in combination with Multifamily Residential Use housed in the same building (LSH-MF), physically separated from the residential use, subject to the following criteria: 1. Use and Design Criteria: i. Shall only be permitted on properties where a minimum of two (2) sides share all or part of a common lot line with another lot or parcel of land that is zoned Community Business (B2)District on the City's Zoning Map. ii. Retail and restaurant uses shall be permitted as accessory uses- iii. Not more than 10% of the gross building area shall be devoted to hotel amenities such as dining areas, bars and lounges, and meeting rooms excluding ground floor retail and restaurant uses. iv. The gross floor area of the hotel use shall not exceed 33% of the gross floor area of the building; and. v. Hotel rooms shall meet the criteria in Section 31-144(c)(1) dd. 2. Traffic Mitigation Criteria: A LSH-MF mixed use project shall incorporate traffic mitigation measures, appropriate to the subject property which may include the following: i. Provide an annual contribution to the Aventura City Express Bus service which may be used for an on-site stop for the bus. ii. Provide public transit vouchers for employees to accommodate trips to and from the subject property iii. Improve sidewalk conditions abutting the property to promote walkability and enhance pedestrian experience. iv. Improve sidewalk conditions and connectivity to and from a house of worship located within ' mile or less of the subject property' v. Provide on-site parking spaces to facilitate a car ride-sharing program. vi. Provide bicycles on-site for use by guests, visitors, and residents vii. Sponsor a city bicycle sharing parking station near the subject property viii. Provide on-site Mobility Coordinator to coordinate the use of bikes and car sharing, and to provide information explaining mobility options' ix. Provide on-site Mobility Kiosk with information explaining mobility options x. Provide right-of-way improvements appropriate to the subject property. APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-71(b)(2)(i)of the Gly of Awentura Land Development Code,this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity applying(or the Development Permit,which is identi'ed in the accompanying application,and the owner ol the property subject to the appication(if different)hereby lists and identifies all persons representing the individual or entity appyirg for the Development Permit in cannection with the application,as follows: Name Relationship (ie.Attorneys,Architects,Landscape Architects,Engineers,Lobbyists,Etc.) Neisen O. Kasdin Attorney Marissal R.Amuial Attorney Cecelia Ward Planner Bernardo Fort-Brescia]Fidel Zabik Architect John Kim Engineer (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.31.71101(2)IIVI OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE.IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS J±i__DAY OF fife; 1, ,2018 AUTHORIZED REPRESENTATIVE OF APPLICANT: OWN-1' By: B . See (Sgnalure) (Sgnar -) Name: Name. AA'.'S 62055 (Print) : p(_ St/O r/1)T �() Title: aide ( (� � Address'. _ Address: 2t6 Lc? 39'` 5f44, .sante H1200 ,a K N)/ No/R. STATE OF R9RIBA NM ) COUNTY OF MLok t Before me the undersigned authority personalty appeared NA¢eV (Csr,c. the authorized repr;: alive of the Applicant and/or the owner of the property subject to the application, who being first by me du, sworn, did swear • affirm that he/she executed this Affidavit lot the purposes stated therein and that it is true and correct. List AFFIANT 1 SWORN TO AND SUBSCRIBED BEFORE ME this L1tlay of AWL! 201_11 Lary ubtic Sta( of a Fec'U y°YA' Printed Name of Notary e1 r,A&,LSTTT Ao.°LLA4 My commission expires: )One— S.ting BUSINESS RELATIONSHIP AFFIDAVIT This Affdavh is made pursuant to Section 31-71(b)(2)(ii)of the City of Aventura Laid Development Code. The undersigned Affiant hereby dsdoses that (mak with he applicable portions only) K)1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Boad to which the application will he presented. 112. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: (List name of Commissioner or Advisory Board Member) who serves co the (List City Commission or City Advisory Board upon which member saves). The nature of the Business Relationship is as fellows: Ili. Member of City Commission or Board holds an ownership interest in excess at 1%of total assets or capita stock of Applicant a Representative: 1 ii. Member of City Commission a Board is a partner, coshareholder(as to shares of a oorporalun which are not listed on any national a regional stock exchange) or joint venturer with the Applicant or Representative in any business venture, 1)iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the sane employer as the member of the City Commission a Board; 1)iv. A City Commissioner or Board member is a Client of the Applicant a Representative; I I v The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts mare than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year; The member of the City Commission or Board is a Customer of the Applicant or Representative:and transacts more than$25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF ,200_ APPLICANT: By'' (signature) Name: (Rink) Title (Print) ;;yy ((((((''''i ITNESS MY HAND THIS I9�DAY OF ^Yn 1 .231 PROPEOWNER: (Sgnnlure) Name: ltd • (Prim) Tine: Nrri CMD/: (Pont) "Tyre terms Business Relationship." "Chen(" "Customer," ilpp'ram," "Representative"and interested Person'are defined in Section 2-395 of!he AveNua City Code NOTARIZATION PROVISION STATE Of FLORIDA ) COUNTY OF MIAMI-DADE) Bebe me,the undersigned authority,personally appeared IfAkeL.j W(LS f Athan(who being first by me 4. worn,did swear or affirm that heane cleaned Nis Affidavit b the purposes staled therein and that Nis due and correct-_I r AF'•NT SWORN TO MID SUBSCRIBED befoeme this it day of J\pri I 20&& Pubac SlaNdFJaq me W 0 Ny ,Q Noted Name dNoisy �NameewQ / CCJJ Mymmeslan expires: li>K G.2,018 STATE Of FLORIDA ) --------- COUNTY Of MIAMI DADE) Bebe me,the undersigtced authority,personally appeared the Arad,who being fiat by me ddy sworn,did%war Or affirm that halhe executed Ow AMdawt ler the purposes Mated therein and that itis true and coned. AFFIANT SWORN TO AND SUBSCRIBED babe me this day of ,pdg Notary Fubk Stele of f bide At Lame Fnnled Name ofNolary My commission expires. STATE CF FLORIDA ) COUNTY OF MIAMI-DADE) Bebe mei Me urgasiyled authany.prsonMy appeared the AlfanL who being first by me duly swan,din swear a affirm Mal he/she executed Me Ardautl ler Me purposes staled therdn and Nal it Is true and cared. AFFIANT •SWORN TO AND SUBSCRIBED belle me this_day of 200_ Ndery Wink Stated Fbide At Large Flailed Nail*of Notary My mrrvsslat expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,Me undersigned authoritY.prsonMy appeared _.___ the Affiant,who bang flit by me duly swan,did swear or allmm that he/she executed this Afldasil for the purposes staled therein aid that it is true and correct. AFFIANT SVQ9N TO 4D SUBSCRIBED behe me this day of Notary Ruble Stele of Florida At Lege • Printed Name of Nolan/ My commission expires: WITNESS MY HAND THIS XL DAY OF Ipfl I PO,( REPRESENTATIVE:(Listed on Business Relationship Affidavit) B,r �-(.i(c.0 lSgnalure.) By. (Sonature NameL eeelu. -&JOAO (Punt) Name: (Pang Tdle:t%C / 4G.T (Prvy Title: (Pang .7-C. ,C OVc$1)1 7)'4 e-1,-4-- _CNCBy. A ((�S.gnature) By. _ _ _(Signature Name-HOUYS/d Amnu,lwiPnng Name. (Pant) Title: /'401 ll' 1 i (Ring Title: (Pang III II (Sgnature) By: (Sgrremre , N Name: t fiat i r IPI _(Pring Name (Print) Title#rkrC2Ctm _(Pant) Tine'. (Print) By. (Sgnature) By _ _ (Signature Title: (Pimp Title. _ (Print) Tine. (Pang Title- _ (Print) By:. (Siinalure) By: (Signature Title. _ (Pont) Title. (Pant) Title. (Print( Title (Pont) By. (Signature) By. (Signature Tine. (Print) Title'. _. ._ (Pont) Tine: (Print) Tine. (Pant) NOTE: I) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec.i 1-7 (b)(2)(iv)of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the A Ridav it becomes incorrect or incomplete. • NOTARIZATION PROVISION STATE OF FLORIDA I COUNTY OEly.s��w`r1TIMDE)E)^A`�',1f^1 M,�,, � �' aelae me.theun�sgned authority,person*appeared tlja 1 a g a(Qne aelmr eeng' first by me duly savors,as swear w affirm that name needled ms Alblaht la the purposes staled herein and that a is Poe and thrust J y IIyy�� �p AF AN O � .. SWORN TO AND SUBSCRIBED belie me ma(f/ day of MI 1_. .20`11 ERICA PMIWF$ .I ' ititNoary Fu^6c st2te cF Flol ay'} �eo1/ }u9y �caarm 4oinlals rn F225t4f P.t 1raV�GotarY I'�q .n e y.'. Pep.25.2 PnntnNacren Notary A�J//�.- My mmmseion eHyrM STATE OF FLORIDA ) COUNOUNrvaMNMLpPdE) gy�pp,�..,, ��((.'(`�� Belie me the undersigned aumodly,personally appeared Plld(LlyL e Affiant who being first e duly swan,dd swear or affirm that hedhe mewled this Affidavit for the purposes staled therein and That it is we and coma �p�ry QLIMEYIL SAW/ AFFIANT - - - PPE Tel MY WIMSSIONIFFBIA EXPIRES:December ELEGY. SWORN TO AND SUBSCRIBED Mitre me this c ay of, Q -\ai_Q• • acasern swim.urdww.. - - •cuewc S e.FFioroe Al Large 11/4-i . Sc•i r'1Z ON Ir �.� MyncedmameMlyNay My commission expires-•.a- — \CN STATE OF FLORIDA I COUNTY OF MIAMI DADE) Before is do undesaled mer nthat itG hue 1✓l meA F ' . .•ng first by me duly sworn,did swear m affirm that hdshe executed this Affidavit for the purposes stated meuein and that c Pub and correct. I /. Etdildrihiva F:.NZ AFFIAN -- A1YC 'f:s19999 • EXPInr • .oadiber 21.2019 •SWORN TO AND SUBSCRIBED before me Ihis - Beaded ^eeatlwwtln PubYp =MF. — cededNamof Notary My expires.l�- N- lq STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned auto*.personally appeared - _ - - the Mom who being first by me duly sworn,db swear a affirm that brine executed this ARtlaeil fa the purposes slated therein and that it is tie and cared. AFFIANT SWORN TO AND SUBSCRIBED before me this day of _ .,200, Notary Putbc Staled Florida Al Large Pnmed Name of No ary My canmwsim expires.- - - WITNESS MY HAND THIS-2.--e5 DAY 04&I ,2og'P REPRESS (Listed on Business Relaboi •ip Affidavit) By: _ (Sgnarme r a g Name:, .r > 7, (Pnnt) Name: _ (Print) Title'. f rt en Yin- (Print) Tele: (Pont),ICI_ , - '� (Signature) By:, _ (Signature Na 'f�Dtiintle— (Pring Name (Pont,) Tele: Vire wan-=14r (Pont) Title:_ _ (Print) By: (Signature) By. (Signature Name: _(Print) Name. (Point) Title: (Print) Tale: _ (Print) By: _ (Signature) By: _ .. - (Signature Title: _ (Print) Tile: _ (Pmt) Title: (Pont) Title: (Pont) By: (Sgnature) By: (Signature Title- _ (Pont) Title._ ._ (Print) Title: (PterU Title:_. . _..__. (Pmrt) By (Signature) By' (Signature Title: (Print) Title: (Print) Title: (Print) Title. (Prim) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv)of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA ) pp � /� COUNTY OF MIAMI-DADE) }LII.,Z,�,�N-dr Before me,the undersigned authority.personally appears-dr-O 1 ag'C - _ the Affiant,w p.being first by me duly sworn,did swear or affirm that he/she executed his Affidavit br the purposes stated Mersin and that h is due and carea. (� AACIANT ,� _. i„ w SWORN TO ANO SUBSCRIBEDbebre me Nis2- dey ol+=-`�� 2pdj MY I.SSON ISMS EAMES:Auto Z{7111 MY i • • CL 4, ._. A;p wwd aTMUNwDuetuww g ,w� Ih vardEXPIRES:Aug eta.4naruwu 17. . 2. IWe F da ♦ Printed Name of Notary Q � !ISI�U Mycommem sexpres- _LZ STATE OF FLORIDA 1 COUNTY OF MIAMI DARE) >y.. Before me,the undersigned authority,personally appeared nnaaal the Affiant who being first by me duly sworn,did swear or affirm that he/she executed thsAMdaxt for the purposes stated herein and that it is he and correct. FIANT ,�p���{:�y�S�I OWA jjj i • NY(flue aSpdTFF15T2B ) jl EXPIRES: IRES:a77.2018 ;•/ sos AtuwyNi ledrrwIIl1( ., ry Pnnted Name of Notary o My commission expires:y`211 STATE I ) MI COUNTY OF MIAMI-MhpApE) Belle me,Me undersigned autanty,personally appeared the Ahant,who being first by me duly swan,did swear or affirm that Ielshe executed this Affidavit for the purposes staled therein and that it s he and carred. AFFIANT SWORN TO AND SUBSCRIBED belle me Ws _.day of- _200_ Notary Public State of Fonds Al Large Pnnted Name of Notary My commission expires:__-_ STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,ew undersigned authority.personally appeared Ne Affiant who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED bete me this _.day of_ _._.. _200_ Notary Public State of Florida At Large Printed Name of Notary My commission expires.. _ WITNESS MYHANO THIS DAY OF ,200_ REPRESENTATIVE:(Listed an Business Relationship Affidavit) Br (2:/ ------ (Sgnature) By. _ _ (Signature Name. Job:HQ Kiel (Poing Name: (Pmt/ Title'sp. Pr'.o.acr eieeieaca(Print) Tale._ (Print) By:__ (Signature) By: (Signature Name:_ (Pint) Name:_ (Print) Title. (Peng Title: (Pang By: (Signature) By (Signature Name: _(Print) Name (Pim) Title: (Print) Tide:_ (Print) By. (Signature) By: (Signature Title: (Print) Title: (Print) Title. (Pent) Tide'__ (Pant) By:_ (Signature) By. (Signature Title: (Pang Title. (Pint) Title: (Pint) Tide_ (Pant) By _ (Signature) By. (Signature Title: (Pint) Title: _(Ping Title (Print) Tide: (Pring NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2)Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b02Niv)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) Bebe me,the undersgned athnity,personally appeared_ I/R the Alfianf who being first by me duly sworn.did swear a affirm that he/she Mended this ABhant la the purposes stated therein and that it is Wea oared. -p- reteS�muq�IgNntasFII I� ay UAFFIA t T Nati Yubltc V 51at0lffosltan-dayol .20Qp i C q� • My Comm.Expires May 14,2018 JCA{py�( , J Commission it FF 099219 ; /La1f Ai F ' Bonded Through National Nary Assn. n P�9ef Printed NameofNotary s1MA/18 My Noe oexoire STATE OF FLORIDA ) COUNTY OF MIAMI-RADE) Bebe me,the undersigned aulhaity,personalty appeared the Albeit who being first by me duty sworn,did swear or affirm Nal hershe executed this Afdavif for the purposes staled therein and that it IS Cue and correct. AFFIANT SWORN TO AND SUBSCRIBED bebre me this _day of_...__ 200_ Nolan/Public Stab ofFlorida Al Large Pnnled Name of Notary My commission expires: ,._ STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned Marty,personally appeared the Affiant,who berg first by me duly sworn,did swear or affirm that Irelshe executed this Affidavit for the purposes staled therein and that it u true and correct AFFIANT SWORN TO MD SUBSCRIBED before me this day of Notary Public State of Fonda At Large Printed Narne of Notary My mmmaspn expires:_ STATEOF FLORIDA COUNTY )MIAM OF MIAMLDADEi Before me,the undersigned authority,personally appeared the Affiant who bang firs)by me duly sworn.did swear w affirm that he/she executed Nis Affidavit for the purposes staled herein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this_ __day of __, _. _200_ Notary Public Stale of Fb1de AI Large Panted Name of Notary My commission expires_ —_ ORDINANCE NO. 2018- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-21, DEFINITIONS, AND BY AMENDING SECTION 31-143(F)(1) AND SECTION 31-143(F)(2A), MULTIFAMILY HIGH DENSITY RESIDENTIAL (RMF4) DISTRICT, TO DEFINE AND ADD LIMITED-SERVICE HOTEL USE IN COMBINATION WITH MULTIFAMILY RESIDENTIAL DEVELOPMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Granite Aventura LLC, through Application No. 02- LDR-18, is requesting an amendment to Section 31-21 "Definitions" and Section 31-143 "Residential Zoning Districts" of Chapter 31 "Land Development Regulations" of the Code of Ordinances ("City Code") to define and add limited-service hotel use in combination with multifamily residential use in Section 31-143(0(1) and Section 31- 143(0(2a); and WHEREAS, the City Commission finds that the proposed amendment to Section 31-143 of the City Code to add limited service hotel use in combination with multifamily residential use is consistent with the applicable goals, objectives and policies of the City's Comprehensive Plan; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the proposed amendment during the required public hearing and has recommended approval to the City Commission; and WHEREAS, the City Commission has reviewed the proposed amendment, and finds that it is in the best interests of the public to amend Sections 31-21 and 31-143 of Chapter 31 "Land Development Regulations," as set forth in this Ordinance; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the action set forth in the Ordinance and has determined that such action is consistent with the Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: City of Aventura Ordinance No. 2018-_ Section 1. Recitals. The foregoing whereas clauses are hereby ratified and incorporated within this Ordinance. Section 2. City Code Amended. Section 31-21 "Definitions' of Article II of Chapter 31 "Land Development Regulations" and Section 31-143 "Residential Zoning Districts" of Article VII "Use Regulations" of Chapter 31 "Land Development Regulations" of the City Code are hereby amended to read as follows': CHAPTER 31 —LAND DEVELOPMENT REGULATIONS ARTICLE II. -DEFINITIONS AND RULES OF CONSTRUCTION Sec. 31-21. - Definitions. Hotel shall mean a commercial establishment which provides temporary overnight sleeping accommodations for the general public. No more than five percent of the individual hotel units shall be occupied for more than 90 continuous days by the same occupant of the hotel unit (the "duration of stay restriction"). It shall constitute a violation of this duration of stay restriction to allow any person to attempt to circumvent this provision by: relocating to another unit in the same hotel; or by allowing a person to temporarily check out of the hotel and subsequently re-register or check back into the hotel for such purpose. Principal access to all rental rooms shall be through an inside lobby or office supervised by a person in charge at all hours. Other typical hotel services must be offered including daily linen and maid service, and receipt and disbursement of keys and mail by the attendant at the desk in the lobby or office, for the occupants of the hotel. No hotel facility shall be converted to or used as a multi-family residential dwelling. Compliance with the restrictions, conditions or limitations set forth in this definition, shall be certified by the receipt holder at the time of issuance and renewal of the applicable City local business tax receipt. Hotel. Limited-Service is a hotel use within a residential development, physically separated from the residential use and having its own separate driveway entrance/exit and its own separate lobby, wherein no more than ten percent (10%) of the gross floor area is devoted to hotel amenities such as dining areas, bars, lounges and meetinq rooms, excluding the gross floor area of accessory ground floor retail and restaurant uses. The hotel use and the residential use may be located in one building, but the hotel rooms and residential units shall be located in separate vertical blocks. ARTICLE VII. - USE REGULATIONS *** Sec. 31-143. - Residential Zoning Districts. (f) Multifamily High Density Residential Districts (RMF4). The following regulations shall apply to all RMF4 Districts. ' Underlined provisions constitute proposed additions to existing text. Strikethrough provisions constitute proposed deletions to existing text. Page 2 of 6 City of Aventura Ordinance No. 2018- (1) Purpose of districts. The purpose and intent of this district is to provide suitable sites for the development of well-planned, environmentally compatible medium-high density multifamily residential use and limited-service hotel use when combined with multifamily residential development in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed 45 units per gross acre. (2) Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses: a. All uses permitted in the RMF3 District. b. High rise apartments. c. Publicly owned recreation buildings and facilities, playgrounds, playfields and parks. d. ALF. e. Uses accessory to any of the above uses when located on the same plot. (2a) Conditional uses. The following uses may be established if first approved as a conditional use: a. All uses permitted in the CF District. b. Uses that exceed the height limitation, to a maximum height of 30 stories or 300 feet, or to a maximum height of 35 stories or 350 feet for any property which was granted a waiver pursuant to section 3 of Ordinance 2005-07. c. Uses that exceed the density limitation, to a maximum of 60 dwelling units per gross acre. d. For buildings that attain LEED® Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased lot coverage, provided that a green roof and/or green rooftop amenities are provided and maintained for the common benefit of building occupants; and; that increased Florida-Friendly tree canopy and Florida-Friendly plantings designed to calm the heat island effect are located on site, all in an amount equal to the requested increased lot coverage. e. For buildings that attain LEED® Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased floor area ratio. f. Limited-Service Hotel in combination with permitted multifamily residential development, where the hotel is separated from the residential use subject to all of the following criteria: (i) Shall only be permitted on properties where a minimum of two (2) sides share all or part of a common lot line with another lot or parcel of land that is zoned Community Business (B2) District on the City's Zoning Map; and Page 3 of 6 City of Aventura Ordinance No. 2018- (ii) Retail and restaurant uses shall be permitted as accessory uses; and (iii) Not more than 10% of the gross building area shall be devoted to hotel amenities such as dining areas, bars and lounges, and meeting rooms excluding ground floor retail and restaurant uses; and (iv)The gross floor area of the hotel use shall not exceed 33% of the gross floor area of the building; and (v) Hotel rooms shall meet the criteria in Section 31-144(c)(1)dd; and (vi) The hotel use and the residential use may be located in one building but the hotel rooms and residential units shall be located in separate vertical blocks; and (vii) The hotel use shall have its own separate driveway entrance/exit and its own separate lobby; and (viii) The applicant shall provide transportation demand management strategies to reduce the impact of the development, as approved by the City Manager and City's Traffic Engineering Consultant, to reduce adverse effects to the overall transportation network. The applicant shall provide any right of way improvements appropriate to the subject property. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective immediately upon the Comprehensive Plan Amendment filed under Application No. 01-CPA-18, as transmitted to the Florida Department of Economic Opportunity, becoming effective under the provisions of Section 163.3184 of the Florida Statutes. Page 4 of 6 City of Aventura Ordinance No. 2018- The foregoing Ordinance was offered by Commissioner Dr. Marks, 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 Marc Narotsky Yes Commissioner Robert Shelley Yes Commissioner Howard Weinberg Yes Vice Mayor Gladys Mezrahi 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 Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Gladys Mezrahi Mayor Enid Weisman Page5 of6 City of Aventura Ordinance No. 2018- PASSED on first reading this 10th of July, 2018. PASSED AND ADOPTED on second reading this 4th day of September, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 6 of 6 CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: JoannnCarr, Joanne Interim City Manager BY: Brian K. Raducci, Finance Director DATE: July 13, 2018 SUBJECT: Ordinance Amending 2018/19 Charter School Fund Budget(ACES) 1" Reading July 19, 2018 City Commission Meeting Agenda Item ,S A- 2" Reading September 4, 2018 City Commission Meeting Agenda Item BC RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance amending the 2018/19 Charter School Fund Budget (ACES). The total amount of the amendment is $578,880 and will be funded from available Carryover. BACKGROUND The attached document has been prepared to accomplish the following items: 1. In accordance with the revised CIP, projects that were originally proposed to be funded from the General Fund will now be funded from the Charter School Fund and as a result, the following budget amendment is proposed: (i.e., $448,880) Capital Outlay-6410 Furniture, Fixture& Eauipment ($402,8801 Middle School Roof Repairs $ 217,880 ACES Play Area Turf Replacement Project 110,000 Restroom Renovation - Elementary School 35,000 Extend the Sidewalk near the Middle School Bike Rack 35,000 Drinking Fountain 5.000 Subtotal $ 402,880 Capital Outlay- 6420 Repairs & Replacements($46,000) Replace 17.5 ton HVAC $ 25,000 Replace 12.5 ton HVAC 21.000 Subtotal $ 46.000 Total $ 448.880 2. Due to recent safety changes in the School Industry, certain safety-related items were recommended after the adoption of the original 2018/19 Charter School Fund Budget and as a result, the following budget amendment is proposed: (i.e., $50,000) Capital Outlay-6401 Computer Equipment>5000 ($45,0001 Replace Mobile Radios $45,000 Capital Outlay-6402 Computer Equipment <5000 ($5,0001 Security Cameras $ 5,000 3. Earlier in the year, the School's Media Center suffered water intrusion that resulted in damage to portions of the shelving and sheetrock in the immediate area. All of the damaged shelves and drywall have been removed in order to remediate the wet areas. New drywall will be installed and new shelves have been ordered to replace the damaged ones and as a result, the following budget amendment is proposed as prepared by the Public Works/Transportation Department: Capital Outlay-6410 Furniture, Fixture& Equipment ($80,000) Media Room Shelving and related repairs $ 80,000 Based on the foregoing amendment and the amendment that was previously approved for the Elementary School roof repairs on May 1, 2018, the projected fund balance at June 30, 2019 should approximate $1,136,000. If you should have any questions related to this memorandum, please feel free to contact the Interim City Manager. BKR/bkr Cc: CMCS Consulting Services ORDINANCE NO. 2018- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2018-07, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2018/2019 (JULY 1 — JUNE 30) BY REVISING THE 2018/2019 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; 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 Aventura City of Excellence School and upon the recommendations of the City Manager (and the concurrence of the Finance Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 2018/2019 Operating and Capital Budget of the Aventura City of Excellence School as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. The City Commission hereby authorizes the amendment of Ordinance No. 2018-07, which Ordinance adopted a budget for the 2018/2019 fiscal year for the Aventura City of Excellence School by revising the 2018/2019 budget as set forth on the attached Exhibit "A", which exhibit is deemed incorporated by reference as though set forth in full herein. City of Aventura Ordinance No. 2018- Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Vice Mayor Mezrahi, 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 Absent Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Commissioner Howard Weinberg Yes Vice Mayor Gladys Mezrahi 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 Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg _ Vice Mayor Gladys Mezrahi Mayor Enid Weisman Page 2 of 3 City of Aventura Ordinance No. 2018-_ PASSED on first reading this 19th day of July, 2018. PASSED AND ADOPTED on second reading this 4th day of September, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 Exhibit A FY 2018/19 Budget Amendments CHARTER SCHOOL FUND(190) SCHOOL 2018/19 2018/19 2018/19 ECT REVENUE/OBJECT ADOPTED AMENDED REVISED DE CODE CATEGORY/DESCRIPTION BUDGET AMOUNT BUDGET Revenues Other Non-Revenues: 3999000 3489 Carryover $ 278,750 $ 578,880 $ 857,630 SUBTOTAL $ 278,750 $ 578,880 $ 857,630 Total Amendments-Revenues $ 578,880 Expenditures Capital Outlay 6401 692 Computer Equipment>5000 $ 110,000 $ 45,000 $ 155,000 6402 643 Computer Equipment<5000 261,500 5,000 266,500 6410 640 Furniture, Fixture&Equipment - 482,880 482,880 6420 640 Repairs&Replacements - 46,000 46,000 SUBTOTAL $ 371,500 $ 578,880 $ 950,380 Total Amendments-Expenditures $ 578,880 CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Joanne Carr, Interim City Manager BY: Brian K. Raducci, Finance Director DATE: July 13, 2018 SUBJECT: Mid-Year Ordinance Amending 2017/18 Budget 1•' Reading July 19, 2018 City Commission Meeting Agenda Item B 2nd Reading September 4, 2018 City Commission Meeting Agenda em 8 7 RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance amending the 2017/18 budget. The total amount of each fund's budget amendment is outlined below. BACKGROUND As you may be aware, the City normally amends the budget at mid-year to: • recognize actual fund balance amounts carried over based on the prior year's audit and to; • re-appropriate the balances in capital outlay projects which were not 100% complete by the end of the prior fiscal year. In addition, this budget amendment will provide the funding for the items referenced below. Many of these items were approved by formal Commission action or consensus and now require a corresponding budget amendment to provide the necessary funding. • Establish the budget for Hurricane Irma — related expenditures which were incurred by the City after October 1, 2017. • Establish the budget for the Aventura Charter High School Construction Fund (including the transfer in from the Capital Projects Fund that was approved by the City Commission on May 17, 2018) as well as the related Debt Service Fund pertaining to our new 20-year Bond. • Provide funding for "Other Items" that were not considered in the originally adopted FY 2017/18 Budget. GENERAL FUND (0011 Revenues and Expenditures—a net increase of$2,115,479, respectively Capital Outlay/Information Technology (8012-513) 6401 Computer Equipment>$5,000—To re-appropriate $198,000 from capital reserve funds for capital outlay projects which were not 100% complete by the end of the prior fiscal year (i.e., phone system $125,000 and network and server infrastructure upgrade $73,000). 1 Capital Outlay/Public Works/Transportation (8054-541) 6309 Seawall Improvements- $517,647 a. To re-appropriate $233,647 from capital reserve funds for Seawall Improvement projects which were not 100% complete by the end of the prior fiscal year (NE 183r", NE 188th Streets). b. To appropriate an additional $284,000 from capital reserve funds to fund Bid No: 18-11- 15-2 that was approved by the Commission on January 9, 2018 due to higher than anticipated bids for the NE 188th & NE 190th St. Seawall Improvement Projects. An accompanying amount will be amended in the Stormwater Utility Fund. Capital Outlay/Non-Departmental (8090-590) 6101 Land Acquisition/Purchase—Aventura Charter High School Site— $4,430,000 a. To re-appropriate $3,367,504 from capital reserve funds for the acquisition of the two (2) acre parcel on NE 213th Street that will become the Aventura Charter High School Site. Although the original purchase was approved at the February 9, 2017 Commission Meeting, due to various items the property did not close until December 2017. b. To appropriate an additional $1,062,496 from capital reserve funds to fund the costs associated with the expedited site preparation of the land that was discussed at the April 19, 2018 Commission Workshop. 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, the FY 2016/17 Budget was previously amended for Hurricane Irma-related expenditures that the City had incurred through September 30, 2017, (i.e., overtime, debris removal, emergency repairs, etc.). In addition, the FY 2017/18 Budget will need to be amended for additional debris removal, emergency repairs, etc., that were or will be incurred on or after October 1, 2017 and prior to September 30, 2018. 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 (75% and 12.5%, respectively) where applicable, we will "temporarily" utilize funds from the Hurricane/Emergency Recovery Operating Reserve to cover such costs. The Hurricane/Emergency Recovery Operating Reserve will be made whole at September 30, 2018 (to the extent possible) from the City's other reserves which are anticipated to be replenished in the future (to the extent possible) when the federal and state funds 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 $2,115,479 net increase to the FY 2017/18 General Fund Budget, $1,590,000 of it was a result of the actual and anticipated expenditures related to the response to Hurricane Irma and preparation for the current year Hurricane Season. 2 1. Capital Outlay/Public Works/Transportation (8054-541) 6352 Hurricane Landscape Restoration — to appropriate $916,750 from capital reserve funds that was passed by Commission Motion on November 16, 2017 in order to implement the Hurricane Irma Landscaping Restoration Action Plan to restore landscape that was damaged by Hurricane Irma. 2. Capital Outlay/Non-Departmental (8090-590) 6452 Equipment - Hurricane Related — To appropriate $300,000 for equipment that was damaged as a result of Hurricane Irma (i.e., shade canopies and fencing throughout the Park System and Air Conditioners at ACES Middle School). 3. NON-DEPARTMENTAL (9001) To appropriate an additional $1,290,000 for costs associated with Hurricane Irma and preparation for the current year Hurricane Season as follows: a. 5904 Hurricane/Debris Removal $1,000,000 b. 5905 Hurricane/Debris Monitor 230,000 c. 5906 Hurricane/Preparation 55,000 d. 5907 Hurricane/Supplies 5,000 AVENTURA CHARTER HIGH SCHOOL MATTERS Non Departmental/Transfers (9001-581) 1. 9126 Transfer to Debt Service Fund - 2018 (Fund 2911 — to appropriate additional carryover funds of $230,479 for the principal ($110,000) and interest ($120,479) that is due on August 1, 2018 for the new $7.1M Series 2018 Revenue Bond that will be used to partially construct and equip the Aventura Charter High School. 2. 9127 Transfer to Charter H.S. Construction Fund (Fund 393) — to appropriate $6,200,000 to assist with the construction of the Aventura Charter High School facility. a. $6,000,000 from the General Fund capital reserve funds. b. $200,000 will be offset from the City's Intersection Safety Camera Program. OTHER ITEMS 1. NON-DEPARTMENTAL (9001) 4620 R&M - Government Center —to appropriate additional carryover funds of $95,000 for unanticipated repairs related to the following: a. $11,000 related to repairs at the AACC for a leaking roof. b. $84,000 for damage resulting from water intrusion into the Police Department's first floor offices as water seeped through the concrete and sandstone wall areas on the Government Center's east side. In addition, earth along the exterior wall had to be temporarily removed so that the wall's below grade surface could be waterproofed and caulked (10 year warranty) to prevent the problem from occurring again. New drywall and carpeting will be installed to replace that which was damaged and as a result, the following budget amendment is proposed as prepared by the Public Works/Transportation Department. The Contract for the repair was approved by the Commission on May 1, 2018. 3 CAPITAL PROJECTS FUND(392) Revenues and Expenditures—a net increase of$232,000, respectively To recognize and re-appropriate additional carryover funds to fund the project below. 3930 Transfer to Charter H.S. Construction Fund (Fund 393)—to appropriate Park Impact Fee reserves that total $232,000 to assist with the construction of the Aventura Charter High School Gym facility. AVENTURA CHARTER SCHOOL CONSTRUCTION FUND (393) Revenues and Expenditures—a net increase of$15,532,000, respectively To recognize revenue and expenditures related to the construction of the Aventura Charter High School that was approved by the City Commission on May 17, 2018 as follows: Revenues/Advances Bond Proceeds $ 7,100,000 Transfer from General Fund Reserves 6,000,000 Advance from General Fund Naming Rights Donation 2,000,000 Transfer from General Fund — Intersection Safety Camera Program 200,000 Transfer from the Capital Projects Fund — Park Impact Fees 232,000 Total $15,532,000 Charter School Capital Outlay (6010-5691 Facility/Building Construction $13,859,841 Architect 775,000 Builders Risk Insurance 81,500 FF&E 370,000 FPL Transformer 45,000 Security System 225,000 Threshold Inspection/Testing 85,159 Traffic Engineer 35,000 Subtotal $15,476,500 COSTS OF ISSUANCE Non-Departmental-9001-590 Prof. Services - Costs of Issuance $55500 Subtotal $55,500 Total Amendments- Expenditures $15,532,000 "These funds are shown here for illustration purposes only. They will not be transferred but rather "advanced" from the General Fund to the Aventura Charter High School Construction Fund, until such time that the Naming Rights funds are collected (i.e., $500,000 in November 2018, 2019, 2020 & 2021) and reimbursed to the General Fund. 4 2018 LOAN DEBT SERVICE FUND (291) Revenues and Expenditures—a net increase of$230,479, respectively To recognize the Transfer In from the General Fund of$230,479 and to appropriate the principal ($110,000) and interest ($120,479) that is due on August 1, 2018 for the new $7.1M Series 2018 Revenue Bond that will be used to partially construct and equip the Aventura Charter High School. STORMWATER UTILITY FUND(410) Revenues and Expenditures—a net increase of$709,319, respectively To recognize an FDEP grant that we received for Seawall Improvement Projects ($100,000) and to re-appropriate the carryover funds based on the prior year's audit in the amount of$609,319 to fund the improvements below as well as to adjust the Capital Reserve budgeted line item. 6306 Drainage Improvements- $352,011 a. To re-appropriate $300,739 for Drainage Improvement projects which were not 100% complete by the end of the prior fiscal year (i.e., NE 183rd. NE 188th. NE 190th and 213th Street Seawall and Median Drainage Projects as well as the Stormwater Management Plan). b. To appropriate an additional $51,272 (due to the higher than anticipated Bid No. 18-02- 14-2) to replace the County Club Drive Pump Station which was approved by the City Commission on March 6, 2018. Seawall Improvements-$794,829 a. To appropriate an additional $400,000 to fund Bid No: 18-11-15-2 that was approved by the Commission on January 9, 2018 due to higher than anticipated bids for the NE 188th & NE 190th Sl. Seawall Improvement Projects. An accompanying amount was shown in the General Fund. b. To appropriate an additional $394,829 to fund change order #2 for the NE 183'0 Street Seawall Restoration Project that was approved by the Commission on June 12, 2018. If you should have any questions related to this memorandum, please feel free to contact the City Manager. BKR/bkr Cc: CMCS Consulting Services 5 ORDINANCE NO. 2018- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2017-10 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2017/2018 FISCAL YEAR BY REVISING THE 2017/2018 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 2017/2018 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. 2017-10, which Ordinance adopted a budget for the 2017/2018 fiscal year, by revising the 2017/2018 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, 2017. The foregoing Ordinance was offered by Commissioner Narotsky, who moved its adoption on first reading. This motion was seconded by Commissioner Dr. Marks, and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Absent Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Commissioner Howard Weinberg Yes Vice Mayor Gladys Mezrahi 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 Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Gladys Mezrahi Mayor Enid Weisman Page 2 of 3 City of Aventura Ordinance No. 2018- PASSED on first reading this 19th day of July, 2018. PASSED AND ADOPTED on second reading this 4th day of September, 2018. MAYOR ENID WEISMAN ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 Exhibit A FY 2017/18 Budget Amendments GENERAL FUND(001) 2017/18 2017/18 2017/18 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY BUDGET AMOUNT BUDGET Revenues Fines&Forfeitures 3542000 Intersection Safety Camera Program $ 800,000 $ 200,000 $ 1,000,000 SUBTOTAL $ 800,000 $ 200,000 $ 1,000,000 Non-Revenue 3999000 Carryover $ 15,562,859 $ 1,915,479 $ 17,478,338 SUBTOTAL $ 15,562,859 $ 1,915,479 $ 17,478,338 Total Amendments-Revenues $ 2,115,479 Expenditures Capital Outlay/Information Technology(8012-513) 6401 Computer Equipment>$5,000 $ 275,847 $ 198,000 $ 473,847 SUBTOTAL $ 275,847 $ 198,000 $ 473,847 Capital Outlay/Public Works/Transportation(8054-541) 6309 Seawall Improvements $ 1,043,660 $ 517,647 $ 1,561,307 6352 Hurricane Landscape Restoration - 916,750 916,750 SUBTOTAL $ 1,043,660 $ 1,434,397 $ 2,478,057 Non Departmental/Transfers(9001-581) 9126 Transfer to Debt Service Fund-2018(Fund 291) $ - $ 230,479 $ 230,479 9127 Transfer to Charter H.S.Construction Fund(Fund 393) - 6,200,000 _ 6,200,000 SUBTOTAL $ - $ 6,430,479 $ 6,430,479 Capital Outlay/Non-Departmental(8090-590) 6101 Land Acquisition/Purchase $ - $ 4,430,000 $ 4,430,000 6452 Equipment-Hurricane Related - 300,000 300,000 6999 Capital Reserve 14,772,304 (12,062,397) 2,709,907 SUBTOTAL $ 14,772,304 $ (7,332,397) $ 7,439,907 NON-DEPARTMENTAL(90011 4620 R&M-Government Center $ 200,000 $ 95,000 $ 295,000 5904 Hurricane/Debris Removal - 1,000,000 1,000,000 5905 Hurricane/Debris Monitor - 230,000 230,000 5906 Hurricane/Preparation - 55,000 55,000 5907 Hurricane/Supplies - 5,000 5,000 Total Non-Departmental $ 200,000 $ 1,385,000 $ 1,585,000 Total Amendments-Expenditures $ 2,115,479 Page 1 of 3 Exhibit A DEBT SERVICE FUND 2018 LOAN DEBT SERVICE FUND(291) 2017/18 2017/18 2017/18 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY BUDGET AMOUNT BUDGET Revenues Non-Revenue 3811001 Transfer from General Fund $ - $ 230,479 $ 230,479 SUBTOTAL $ - $ 230,479 $ 230,479 Total Amendments-Revenues $ 230,479 DEBT SERVICE Non-Departmental-9001-590 7130 Principal $ - $ 110,000 $ 110,000 7230 Interest - 120,479 120,479 SUBTOTAL $ - $ 230,479 $ 230,479 Total Amendments-Expenditures $ 230,479 CAPITAL PROJECTS FUND(392) 2017/18 2017/18 2017/18 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY BUDGET AMOUNT BUDGET Revenues Non-Revenue 3999000 Carryover-Community Services $ 193,327 $ 232,000 $ 425,327 SUBTOTAL $ 193,327 $ 232,000 $ 425,327 Total Amendments-Revenues $ 232,000 Expenditures Non Departmental/Transfers(9001-5811 3930 Transfer to Charter H S Construction Fund(Fund 393) $ - $ 232,000 $ 232,000 SUBTOTAL $ - $ 232,000 $ 232,000 Total Amendments-Expenditures $ 232,000 Page 2 of 3 Exhibit A AVENTURA CHARTER SCHOOL CONSTRUCTION FUND (393) 2017/18 2017/18 2017/18 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY BUDGET AMOUNT BUDGET Revenues Non-Revenue 3842000 Bond Proceeds S $ 7,100,000 $ 7,100,000 3811001 Transfer from General Fund Reserves - 6,000,000 6,000,000 Advance from General Fund-Naming Rights Donation - 2,000,000 2,000,000 3811001 Transfer from General Fund-Intersection Safety Camera Program - 200,000 200,000 3814000 Transfer from Capital Projects Fund-Park Impact Fees - 232,000 232,000 SUBTOTAL $ - $ 15,532,000 $ 15,532,000 Total Amendments-Revenues $ 15,532,000 Expenditures Charter School Capital Outlay(6010-561) 6208 Facility/Building Construction $ - $ 13,859,841 $ 13,859,841 6208 Architect - 775,000 775,000 6208 Builders Risk Insurance - 81,500 81,500 6208 FF&E - 370,000 370,000 6208 FPL Transformer - 45,000 45,000 6208 Security System - 225,000 225,000 6208 Threshold Inspection/Testing - 85,159 85,159 6208 Traffic Engineer - 35,000 35,000 SUBTOTAL $ - $ 15,476,500 $ 15,476,500 COSTS OF ISSUANCE Non-Departmental-9001-590 3125 Prof.Services-Costs of Issuance $ - $ 55,500 $ 55,500 SUBTOTAL $ - S 55,500 $ 55,500 Total Amendments-Expenditures $ 15,532,000 STORMWATER UTILITY FUND(410) 2017/18 2017/18 2017/18 OBJECT ADOPTED AMENDED REVISED CODE ___ CATEGORY BUDGET AMOUNT BUDGET Revenues Non-Revenue 3343606 FDEP Grant 5 - $ 100,000 $ 100,000 3999000 Carryover 303,031 609,319 912,350 SUBTOTAL $ 303,031 $ 709,319 $ 1,012,350 Total Amendments-Revenues $ 709,319 Expenditures Public Works/Transportation-54-538 6306 Drainage Improvements $ 398,031 $ 352,011 $ 750,042 6309 Seawall Improvements - 794,829 794,829 6999 Capital Reserve 537,000 (437,521) 99,479 SUBTOTAL $ 935,031 $ 709,319 $ 1,644,350 Total Amendments-Expenditures $ 709,319 Page 3 of 3