01-08-2019 Regular Commission Meeting Agenda City Manager
City Commission Ronald J.Wasson
]Enid Weisman,Mayor ���
Dr.Linda Marks,Vice Mayor �:!_ =�:;\ City Clerk
Denise Landman,Commissioner Ellisa L. MMC
Gladys Mezrahi,Commissioner i
Marc Narotsky,Commissioner City Attorney
Robert Shelley,Commissioner G_ Weiss Scrota Hellfman
Howard Weinberg,Commissioner e�✓ G ,.nQ,� Cole&Bierman
CITY COMMISSION MEETING AGENDA
January 8, 2019
6:00 p.m.
Aventura Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AGENDA: Request for Deletions/Emergency Additions
4. SPECIAL PRESENTATIONS:
• Employee Service Awards
• School Reports
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:
• November 8, 2018 Commission Inauguration
• November 13, 2018 Commission Regular Meeting
• November 15, 2018 Commission Regular Workshop Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA,AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO
EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE TOWN OF
GOLDEN 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.
Aventura City Commission Meeting Agenda
January 8, 2019
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED CHANGE ORDER
"A" FOR THE AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES
WITH A GUARANTEED MAXIMUM PRICE WITH KAUFMAN LYNN
CONSTRUCTION FOR THE AVENTURA CHARTER HIGH SCHOOL;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT
ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR
THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID CHANGE
ORDER; AND PROVIDING FOR AN EFFECTIVE DATE.
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.
RESOLUTIONS/PUBLIC HEARINGS:
A. 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
INDOOR AND OUTDOOR BAR/LOUNGE AREAS WITHIN
INTERNATIONAL SMOKE RESTAURANT LOCATED IN TENANT SPACE
#946 OF THE AVENTURA MALL EXPANSION AT 19565 BISCAYNE
BOULEVARD, CITY OF AVENTURA; AND PROVIDING FOR AN
EFFECTIVE DATE.
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ABANDONING THAT PORTION OF NE 210
STREET (MONTCLAIR WAY) BETWEEN BISCAYNE BOULEVARD AND
NE 30 AVENUE IN THE CITY OF AVENTURA,AS SHOWN ON THE PLAT
OF HALLANDALE PARK NO. 11,RECORDED IN PLAT BOOK 27,PAGE 39
OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA;
PROVIDING FOR RECORDATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO
PERMIT THE ESTABLISHMENT OF A LIMITED-SERVICE HOTEL IN
COMBINATION WITH A MULTIFAMILY RESIDENTIAL DEVELOPMENT
IN THE RMF4,MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICT
PURSUANT TO SECTION 31-143(F)(2A)F. OF THE CITY CODE, FOR
PROPERTY LOCATED AT THE NORTHWEST CORNER OF NE 185
STREET AND NE 28 COURT, WITH MUNICIPAL ADDRESS 2785 NE 185
STREET, CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE
DATE.
7. ORDINANCES—FIRST READING/PUBLIC HEARINGS: None.
Page 2 of 3
Aventura City Commission Meeting Agenda
January 8, 2019
8. ORDINANCES—SECOND READING/PUBLIC HEARINGS:
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.
REGULAR COMMISSION WORKSHOP—JANUARY 17,2019 AT 9 AM
EXECUTIVE CONFERENCE ROOM(5'H FLOOR)
REGULAR COMMISSION MEETING—FEBRUARY 7,2019 AT 6 PM
COMMISSION CHAMBER
REGULAR COMMISSION WORKSHOP—FEBRUARY 21,2019 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 3 of 3
The City ei
CITY COMMISSION Aventura Government Center
AyeL�1L�ulra INAUGURATION CEREMONY
MINUTES
CountrycwoDrive
MINUTES Aventura,Florida 33180
NOVEMBER 8, 2018 AT 7 P.M.
The Inauguration Ceremony began at 7:10 p.m.
Those in attendance were: Mayor-Elect Enid Weisman, Vice Mayor Gladys Mezrahi,
Commissioner-Elect Denise Landman, Commissioner Dr. Linda Marks, Commissioner-
Elect Marc Narotsky, Commissioner-Elect Robert Shelley, and Commissioner Howard
Weinberg, Interim City Manager Joanne Carr, City Clerk Ellisa L. Horvath, and City
Attorney David Wolpin. The newly appointed City Manager Ronald J. Wasson was also
in attendance.
Mrs. Horvath provided opening remarks. The program was as follows:
1. Presentation of Colors: The Aventura Police Department Honor Guard presented
the colors.
2. National Anthem and Pledge of Allegiance: Youth Advisory Board Member
Gabriela Sartan accompanied by Christopher Wu provided a violin duet performance
of the National Anthem. Members of the Youth Advisory Board led the Pledge of
Allegiance.
3. Invocation: Rabbi Jonathan Berkun, Aventura Turnberry Jewish Center, provided
the Invocation.
4. Administering the Oaths of Office and Presentation of Election Certificates:
Mrs. Horvath administered the Oaths of Office and presented Election Certificates
individually to Denise Landman (Commissioner Seat 2), Robert Shelley
(Commissioner Seat 4), Marc Narotsky (Commissioner Seat 6), and Enid Weisman
(Mayor Seat).
5. Introduction of Aventura City Commission: The following members took their
seats on the dais: Mayor Enid Weisman, Vice Mayor Gladys Mezrahi, Commissioner
Denise Landman, Commissioner Dr. Linda Marks, Commissioner Marc Narotsky,
Commissioner Robert Shelley, and Commissioner Howard Weinberg. Ms. Carr and
Mr. Wolpin also took their seats on the dais.
6. Remarks: The newly re-elected members of the Commission provided comments.
Mrs. Horvath provided closing remarks; thereby, ending the Inauguration Ceremony at
7:45 p.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on January 8, 2019.
City CITY COMMISSION Aventura Government Center
A ,a REGULAR MEETING MINUTES
NOVEMBER 13, 2018 19200 W Country Club Drive
Aventura, Florida 33180
6:00 P.M.
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid
Weisman at 6:01 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 led by David McKnight, who was
recognized by Mayor Weisman as the selected Principal for the Don Soffer Aventura
High School.
3. ELECTION OF VICE MAYOR: After nomination by Commissioner Mezrahi,
seconded by Commissioner Landman and unanimously approved, Commissioner Dr.
Linda Marks was elected Vice Mayor, for the next six-month period.
4. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
5. SPECIAL PRESENTATIONS:
• Certificates of Special Recognition: Mayor Weisman presented
Certificates of Special Recognition to the Artists and Banco do Brasil Americas in
recognition of the donated "Aventura the City of Excellence" Art Exhibition, as individual
members of the Commission provided information on each artist.
• Employee Service Awards: Mrs. Carr recognized the following
employees not in attendance for the completion of milestone years of services with the
City: David West-Wiese (15 years) and Lori Fletcher (10 years).
• School Reports: The following provided updates on their schools: Oryn
Yehoshua (ACES), Katerina Bass (Aventura Waterways), and Ariel Hartzy and Olivia
Gottlieb (Krop High School).
Mayor Weisman recognized Miami-Dade County School Board Member Dr. Martin
Karp, who was in attendance. Dr. Karp noted that he looked forward to discussions with
the City regarding the referendum (#362 — increased property taxes for teacher raises
and school security) that passed on November 6, 2018 and its impacts on the schools.
6. CONSENT AGENDA: There were no requests from the public to address the
Commission.
A motion to approve the items on the Consent Agenda was offered by Commissioner
Shelley, seconded by Commissioner Mezrahi, and passed unanimously by roll call vote.
The following action was taken:
Aventura City Commission Regular Meeting Minutes
November 13,2018
A. Minutes approved as follows:
• October 2, 2018 Commission Meeting
• October 2, 2018 Commission Regular Meeting
• October 18, 2018 Commission Meeting
• October 18, 2018 Commission Regular Workshop Meeting
B. Resolution No. 2018-89 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. 2018-90 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA DECLARING THE QUALIFYING UNOPPOSED CANDIDATES
ELECTED TO THE MAYOR SEAT, COMMISSION SEAT 2, COMMISSION
SEAT 4, AND COMMISSION SEAT 6 WITHOUT NECESSITY FOR FURTHER
CONDUCT OF ELECTION PROCESS FOR THOSE SEATS,AS CERTIFIED BY
THE CITY CLERK; AND PROVIDING FOR AN EFFECTIVE DATE.
D. Motion approved as follows:
MOTION TO APPROVE THE CITY CLERK'S ANNUAL PERFORMANCE
REVIEW AS OUTLINED IN THE MEMORANDUM.
E. Resolution No. 2018-91 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.
F. Resolution No. 2018-92 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ESTABLISH THE LIST OF AUTHORIZED USERS FOR ALL TD BANK, N.A.
BANK ACCOUNTS AS SET FORTH ON CERTAIN BANK FORMS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Page 2 of 5
Aventura City Commission Regular Meeting Minutes
November 13, 2018
G. Resolution No. 2018-93 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND
OTHERWISE ENTER INTO THAT AGREEMENT BETWEEN THE CITY OF
AVENTURA AND THE STATE OF FLORIDA, OFFICE OF THE STATE
ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO
REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY
PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY OF
AVENTURA CODE; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING FOR AN EFFECTIVE DATE.
H. Resolution No. 2018-94 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND
OTHERWISE ENTER INTO THAT AGREEMENT BETWEEN THE CITY OF
AVENTURA AND C.A.P. GOVERNMENT, INC. FOR BUILDING INSPECTION
AND PLAN REVIEW PROFESSIONAL CONSULTANT SERVICES;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
Resolution No. 2018-95 adopted as follows:
CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING
BOARD FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL
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, AUTHORIZING
THE CITY MANAGER TO SUBMIT A PROJECT APPLICATION FOR AN
EDUCATIONAL FACILITIES SECURITY GRANT FOR FUNDING OF
SCHOOL BUILDING SECURITY IMPROVEMENTS AT THE AVENTURA
CITY OF EXCELLENCE SCHOOL; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
7. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: Mr. Wolpin
reviewed the quasi-judicial procedures and read the following resolution by title:
RESOLUTION/PUBLIC HEARING:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE
ESTABLISHMENT OF A LIQUOR PACKAGE STORE AT 2952 AVENTURA
BOULEVARD, CITY OF AVENTURA, NOTWITHSTANDING THE SPACING AND
DISTANCE REQUIREMENTS FOR THE SALE AND SERVICE OF ALCOHOLIC
BEVERAGES REGULATED BY SECTION 4-2(a) AND SECTION 4-2(b) OF THE
CITY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Page 3 of 5
Aventura City Commission Regular Meeting Minutes
November 13, 2018
Mrs. Horvath administered the oath to all those wishing to offer testimony for the item.
A motion for approval of the resolution was offered by Commissioner Weinberg and
seconded by Commissioner Narotsky.
Mrs. Carr addressed the Commission and entered the staff report into the record, which
recommended approval, subject to the conditions listed.
The following provided testimony on behalf of the Applicant (Publix Super Markets Inc.):
Peter Van Rens, Kimley-Horn and Associates (445 — 24th Street, Vero Beach, FL).
Mayor Weisman opened the public hearing. There being no speakers, the public
hearing was closed.
The motion for approval of the resolution passed unanimously, by roll call vote and
Resolution No. 2018-96 was adopted.
8. ORDINANCES - FIRST READING — PUBLIC HEARINGS: Mr. Wolpin read the
following Ordinance by title:
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 for approval of the ordinance was offered by Commissioner Narotsky and
seconded by Commissioner Landman.
Mrs. Carr reviewed the ordinance, as detailed in the staff report.
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.
9. ORDINANCES - SECOND READING/PUBLIC HEARINGS: None.
10. RESOLUTIONS/PUBLIC HEARINGS: None.
11. REPORTS:
Commissioner Narotsky encouraged residents to contact the Miami-Dade County
School Board members to voice their concerns for the charter schools to also receive
the funding, as approved in the referendum (#362) on November 6, 2018.
Page 4 of 5
Aventura City Commission Regular Meeting Minutes
November 13,2018
Commissioner Mezrahi congratulated staff on the success of the Founders Day event.
Vice Mayor Dr. Marks commended Joanne Carr for her service as the Interim City
Manager, discussed the full capacity for the new high school after the lottery, and
congratulated Commissioner Shelley on his upcoming marriage.
12. PUBLIC COMMENTS: Mr. Wolpin provided information on the process for public
comments. The following members of the public provided comments: Crystal Andrew
(17890 W. Dixie Highway).
13. OTHER BUSINESS: None.
14. ADJOURNMENT: There being no further business to come before the
Commission, a motion to adjourn was offered by Commissioner Shelley, seconded by
Commissioner Narotsky, and unanimously approved; thus adjourning the meeting at
6:43 p.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on January 8, 2019.
Page5 of 5
The
Co d CITY COMMISSION
�7�p���}�'� WORKSHOP MEETING MINUTES Aventura Government Center
r{,,,�1�(�1 NOVEMBER 15, 2018 9200 W Country Club Drive
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
Dr. Linda Marks, Commissioner Denise Landman, Commissioner Gladys Mezrahi,
Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner Howard
Weinberg, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City
Attorneys David M. Wolpin and Matthew H. Mandel. As a quorum was determined to be
present, the meeting commenced.
The Commission welcomed Mr. Wasson as the new City Manager.
2. RESOLUTION URGING FDA TO ENACT AND ENFORCE REGULATIONS
PROHIBITING SALE AND MARKETING OF E-CIGARETTES TO MINORS
(Commissioner Weinberg): Commissioner Weinberg requested that the Commission
consider enacting regulations regarding electronic cigarettes.
Mr. Wolpin reviewed the City Code, the County's Ordinance regarding vaping, state law,
and the recent approval of a constitutional amendment to treat e-cigarettes the same as
regular cigarettes.
City Manager Summary: It was the consensus of the City Commission for Mr.
Wolpin to work with the City Manager and Police Chief on regulations for the City to
prohibit vaping in the same areas as cigarettes, etc. City Lobbyist Ron Book will be
invited to attend a future Workshop Meeting for an update.
3. DISCUSSION ITEMS (Commissioner Shelley): Per the request of
Commissioner Shelley, City Attorneys David Wolpin and Matt Mandel provided a review
of the following items: litigation updates, the roles of elected and appointed officials with
specific emphasis on Charter Section 4.02 involving daily operations and
communications with and through the City Manager, and public records regarding
Commission correspondence.
City Manager Summary: No action —this was an informational item.
The following additional items were discussed:
Vice Mayor Dr. Marks provided a brief summary of the Commission Liaison Meeting
held on November 13, 2018 and noted that Mr. Soroka would be providing a report in
January on the Aventura Charter High School. Mayor Weisman reported that Mr.
Soroka would also be responding to an email received by the Commission regarding the
opening of 9th and 10th grades.
Mayor Weisman noted that County Commissioner Dr. Karp would be invited to come
back in January to discuss the referendum that was passed by the voters.
Mr. Wasson will speak to City Lobbyist Ron Book and provide the Commission with
dates to travel to Tallahassee.
Aventura City Commission
Regular Workshop Meeting Minutes—November 15, 2018
Mr. Wasson will ensure that the Waterways Park hours of operation is posted on the
fence and provided to surrounding properties, and will review the City's landscaping
plan as well as traffic issues and signage associated with 207th Street and 34'h Avenue.
It was the consensus of the Commission to send flowers to Mrs. Carr following the birth
of her grandson.
Commissioner Shelley was congratulated on his upcoming marriage.
Mayor Weisman discussed a request from Rabbi Forta, Chabad North, to allow a
menorah lighting in front of Government Center for one night. Mr. Wolpin provided legal
information. It was the consensus of the Commission that it not be done this year, to
allow the City time to review the item further.
4. ADJOURNMENT: There being no further business to come before the
Commission, the meeting was adjourned by consensus at 10:22 a.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the Commission on January 8, 2019.
Page 2 of 2
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
DATE: November 27, 2018
SUBJECT: Law Enforcement Mutual Aid Agreement Between the City and the
Town of Golden Beach
January 8, 2019 City Commission Meeting Agenda Item 5F3
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
execution of the Law Enforcement Mutual Aid Agreement with the Town of Golden
Beach.
BACKGROUND
In order to improve cooperative relationships between law enforcement agencies and
provide a mechanism to share police resources in the event of emergencies or certain
demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows
agencies to enter into Police Services Mutual Aid Agreements. The various
departments use a basic Mutual Aid Agreement.
The following list comprises the circumstances and conditions under which mutual aid
may be requested:
1. The joint multijurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trials, political conventions, labor disputes
and strikes.
3. Any natural disaster.
4. Incidents which require rescue operations and crowd and traffic control
measures including, but not limited to, large-scale evacuations, aircraft
and shipping disasters, fires explosions, gas line leaks, radiological
incidents, train wrecks and derailments, chemical or hazardous waste
spills, and electrical power failures.
5. Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from disturbances within detention facilities.
7. Hostage and barricade subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, back-ups
to emergency and in-process calls, pursuits, and missing person calls.
9. Enemy attack.
10. Transportation of evidence requiring security.
11. Major events, e.g., sporting events, concerts, parades fairs, festivals and
conventions.
12. Security and escort duties for dignitaries.
13. Emergency situations in which one agency cannot perform its functional
objective.
14. Incidents requiring utilization for specialized units, e.g., underwater
recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol,
and police information.
15. Joint training in areas of mutual need.
The Agreement is beneficial in our mission to protect the safety and quality of life of our
residents.
If you have any questions, please feel free to contact me.
RJW/act
Attachment
cc01759-18
RESOLUTION NO. 2019-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO
THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF
AVENTURA AND THE TOWN OF GOLDEN 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 Town of Golden 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 Gladys Mezrahi
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Dr. Linda Marks
Mayor Enid Weisman
City of Aventura Resolution No. 2019-
PASSED AND ADOPTED on this 8th day of January, 2019.
MAYOR ENID WEISMAN
ATTEST:
ELLISA L. HORVATH, MMC, CITY CLERK
Approved as to Form and Legal Sufficiency:
CITY ATTORNEY
Page 2 of 2
MUTUAL AID AGREEMENT
Between Aventura Police Department
and the Town of Golden Beach Police Department
This Mutual Aid Agreement is made and entered into effective as of the 15' day
of January 2019 by and between the City of Aventura, Florida ("City") and the Town of
Golden Beach, Florida ("Town").
RECITALS
WHEREAS, it is the responsibility of the governments of City and the Town to
ensure the public safety of their citizens by providing adequate levels of police services
to address any foreseeable routine or emergency situation; and
WHEREAS, because of the existing and continuing possibility of the occurrence
of law enforcement problems and other natural and man-made conditions which are, or
are likely to be, beyond the control of the services, personnel, equipment of facilities of
the participating municipal police departments; and
WHEREAS, in order to ensure that preparation of these law enforcement
agencies will be adequate to address any and all of these conditions, to protect the public
peace and safety, and to preserve the lives and property of the people of the participating
Miami-Dade County municipalities; and
WHEREAS, the participating Miami-Dade County municipalities have the
authority under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into a mutual
aid agreement.
NOW, THEREFORE, BE IT KNOWN that the City and Town, in consideration for
mutual promises to render valuable aid in times of necessity, do hereby agree to fully and
faithfully abide by and be bound by the following terms and conditions:
1. Short title: Mutual Aid Agreement
2. Description: Since this Mutual Aid Agreement provides for the requesting
and rendering of assistance for both routine and law enforcement intensive situations,
this Mutual Aid Agreement combines the elements of both a voluntary cooperation
agreement and a requested operational assistance agreement, as described in Chapter
23, Florida Statutes.
3. Definitions:
a) Joint declaration: A document which enumerates the various
conditions or situations where aid may be requested or rendered pursuant
to this Agreement, as determined by concerned agency heads.
Subsequent to execution by the concerned agency heads, the joint
declaration shall be filed with the clerks of the respective political
subdivisions and shall thereafter become part of this Agreement. Said
declaration may be amended or supplemented at any time by the agency
heads by filing subsequent declarations with the clerks of the respective
political subdivisions.
b) Agency or participating law enforcement agency: Either the City of
Aventura Police Department or the Town of Golden Beach Police
Department.
c) Agency head: Either the Chief of theAventura Police Department,
or the Chiefs designees; and the Chief of Police of the Town of Golden
Beach Police Department, or the Chief's designees.
d) Participating municipal police department: The police department
of any municipality in Miami-Dade County, Florida, that has approved and
executed this Agreement upon the approval of the governing body of the
municipality.
e) Certified law enforcement employee: Any law enforcement
employee certified as provided in Chapter 943, Florida Statutes.
4. Operations:
a) In the event that a party to this Agreement is in need of assistance
as specified in the applicable joint declaration, an authorized
representative of the police department requiring assistance shall notify
the agency from whom such assistance is requested. The authorized
agency representative whose assistance is sought shall evaluate the
situation and his available resources, and will respond in a manner
deemed appropriate.
b) Each party to this Agreement agrees to furnish necessary
manpower, equipment, facilities, and other resources and to render
services to the other party as required to assist the requesting party in
addressing the situation which caused the request; provided, however,
that no party shall be required to deplete unreasonably its own manpower,
equipment, facilities, and other resources and services in rendering such
assistance.
c) The agency heads of the participating law enforcement agencies,
or their designees, shall establish procedures for giving control of the
mission definition to the requesting agency, and for giving tactical control
over accomplishing any such assigned mission and supervisory control
over all personnel or equipment provided pursuant to this Agreement to
the providing agency.
5. Powers,Privileges,Immunities,andCosts:
a) All employees of the participating municipal police department,
including certified law enforcement employees as defined in Chapter 943,
Florida Statutes, during such time that said employees are actually
providing aid outside of the jurisdictional limits of the employing
municipality pursuant to a request for aid made in accordance with this
Agreement, shall, pursuant to the provisions of Chapter 23, Florida
Statutes, have the same powers, duties, rights, privileges, and immunities
as if they were performing their duties in the political subdivision in which
they are normally employed.
b) The political subdivision having financial responsibility for the law
enforcement agency providing services, personnel, equipment, or
facilities pursuant to the provisions of this Agreement shall bear any loss
or damage to same and shall pay any and all expenses incurred in the
maintenance and operation of same.
c) The political subdivision having financial responsibility for the law
enforcement agency providing aid pursuant to this Agreement shall
compensate all of its employees rendering aid pursuant to this Agreement,
during the time of the rendering of such aid, and shall defray the actual
travel and maintenance expenses of such employees while they are
rendering such aid. Such compensation shall include any amounts paid or
due for compensation due to personal injury or death while such employees
are engaged in rendering such aid. Such compensation shall also include
all benefits normally due such employees.
d) All exemption from ordinance and rules, and all pension, insurance,
relief, disability, workers' compensation salary, death, and other benefits
which apply to the activity of such officers, agents, or employees of any
such agency, when performing their respective functions within the
territorial limits of their respective agencies, shall apply to them to the same
degree, manner, and extent while engaged in the performance of their
functions and duties extraterritorially under the provisions of the Mutual Aid
Agreement. The provisions of this Agreement shall apply with equal effect
to paid and auxiliary employees.
6. Indemnification:
The political subdivision 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 political subdivision
in any suit, action, 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.
7. Forfeitures:
It is recognized that during the course of the operation of this Agreement, property
subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes,
may be seized. The property shall be seized, forfeited, and equitably distributed
among the participating agencies in proportion to the amount of investigation and
participation performed by each agency. This shall occur pursuant to the
provisions of the Florida Contraband Forfeiture Act.
8. Conflicts:
Any conflicts between this Agreement and the Florida Mutual Aid Act will be
controlled by the provisions of the latter, whenever conditions exist that are within
the definitions stated in Chapter 23 Florida Statutes.
9. Effective Date and Duration:
This Agreement shall be in effect from January 1, 2019 , through and including
January 1, 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. Cancellation will be at the discretion of the chief executive
officers of the parties hereto.
IN WITNESS WHEREOF, the Parties hereto cause these presents to be signed on the
date specified.
City Manager Town Mayor
City of Aventura Town of Golden Beach
Date: Date:
ATTEST: ATTEST:
City Clerk Town Clerk
City of Aventura Town of Golden Beach
Approved As to Form and Approved As to Form and
Legal Sufficiency: Legal Sufficiency:
City Attorney Town Attorney
City of Aventura Town of Golden Beach
JOINT DECLARATION OF THE CHIEF OF
THE AVENTURA POLICE DEPARTMENT
AND THE CHIEF OF THE TOWN OF GOLDEN BEACH 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.
• spontaneous response where assistance or aid is apparent (see #9 below)
In compliance with, and under the authority of, the Mutual Aid Agreement,
heretofore entered into by the City of Aventura and the Town of Golden 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, 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 persons calls.
9. Participating in exigent situations without a formal request, which are spontaneous
occurrences such as area searches for wanted subjects, perimeters, crimes in
progress, escaped prisoners, traffic stops near municipal boundaries, request for
back-up assistance and no local unit is available, or 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.
10. Enemy attack.
11. Transportation of evidence requiring security.
12. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and
conventions.
13. Security and escort duties for dignitaries.
14. Emergency situations in which one agency cannot perform its functional objective.
15. Incidents requiring utilization of specialized units; e.g., underwater recovery, aircraft,
canine, motorcycle, bomb, crime scene, marine patrol, and police information.
16.Joint training in areas of mutual need.
IN WITNESS WHEREOF, the Parties hereto cause these presents to be signed on the
date specified.
Police Chief Police Chief
City of Aventura Police Department Town of Golden Beach
Police Department
Date: Date:
CMCS Consulting Services
MEMORANDUM
TO: City Commission
Ronald J. Wasson, City Manage
FROM: Eric M. Soroka, CMCS Consulting Seryices
DATE: January 3, 2019 VVV
SUBJECT: Recommendation to Approve Change Order "A" to the Agreement for
Construction Management Services with a Guaranteed Maximum Price
with Kaufman Lynn Construction for the Don Soffer Aventura High
School Construction Project
January 8, 2019 City Commission Meeting Agenda Item SC.
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution approving
Change Order "K, attached hereto, to the Agreement for Construction Management
Services with a Guaranteed Maximum Price (GMP)with Kaufman Lynn Construction for the
Don Soffer Aventura High School in the amount of $207,593.
BACKGROUND
As previously discussed in the December Update, the following items are contained in
Change Order "A" to the Agreement for Construction Management Services with a
Guaranteed Maximum Price with Kaufman Lynn Construction for the Don Soffer Aventura
High School:
Revised MEP Plans - Plan revisions (HVAC and electrical) requested by the Aventura
Building Department as part of the building permit review process required a change order.
As previously discussed, in order to expedite the construction, the GMP was developed prior
to obtaining a full building permit. The $134,963 amount was offset by using GMP buyout
savings of$60,000 and Contingency of $23,000. The requested plan revisions included in
this change order resulted in additional costs to the contract. Cost - $40,314
Addition of Operable Partitions —This change was requested by the City/CSUSA based on
discussions with the City Commission to provide more flexible classrooms space. This
includes operable partition walls on both the second and third floors of the school that allow
4 classroom spaces to be opened up to 2 large classrooms allowing for more flexibility in
utilizing classroom spaces in line with the personalized learning model. Cost - $63,794.
Electric Service Redesign — Site layout and design of the FPL primary power line with a
redundancy connection has been finalized to allow and provide for permanent power to the
high school and gymnasium. The original budget set aside$65,000 for the FPL connection.
This was not included in the original Kaufman Lynn GMP as it was not determined at that
time if FPL or the contractor would be responsible for this item. Due to rerouting around the
wetland areas and the placement of the transformer, the cost of the FPL connection
exceeded the amount included in the budget by $38,485 for a total of $103,485. Cost-
$103,485.
The Change Order to the contractor's contract is funded from the following sources:
• Funds set aside for FPL transformer in the High School Construction $65,000.
• Interest Earned in the High School Construction Fund during the 2017/18 fiscal year.
This will be recognized in the mid —year budget amendment for 2018/19 fiscal year
this April. $82,000.
• A Legal Fee donation of$75,000 was received in the High School Construction Fund
during the 2017/18 fiscal year and $60,593 will be utilized to fund the change order.
The Legal Fee donation will be recognized in the mid—year budget amendment for
2018/19 fiscal year this April. $60,593.
Change Order "A" has been reviewed by the project's Architectural Consultant and Tony
Tomei, Capital Projects Manager and they have reviewed the costs and found them to be
fair and reasonable and have recommended approval.
If you have any questions, please feel free to contact me.
Attachments
RESOLUTION NO. 2019-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE
ATTACHED CHANGE ORDER "A" FOR THE AGREEMENT FOR
CONSTRUCTION MANAGEMENT SERVICES WITH A GUARANTEED
MAXIMUM PRICE WITH KAUFMAN LYNN CONSTRUCTION FOR THE
AVENTURA CHARTER HIGH SCHOOL; AUTHORIZING THE CITY
MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO
CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE
APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID CHANGE
ORDER; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THERFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FL:
Section 1. The City Manager is hereby authorized to execute and otherwise
enter into the attached Change Order "A" between the City and Kaufman Lynn
Construction, for the Aventura Charter High School project and incorporated herein as
specifically as if set forth at length herein. Said Change Order amount is $207,593.
Section 2. The City Manager is hereby authorized and requested to do all
things necessary to carry out the aims of this Resolution.
Section 3. 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 393-6010-561-6208.
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 Gladys Mezrahi
Commissioner Marc Narotsky
Commissioner Robert Shelly
Commissioner Howard Weinberg
Vice Mayor Dr. Linda Marks
Mayor Enid Weisman
City of Aventura Resolution No. 2019-
PASSED AND ADOPTED this 8`" day of January, 2019.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
Aventura High School Construction Project
Kaufman Lynn Construction
Change Order A
Date: January 8, 2019
Item Description Amount
Revised MEP Drawings Based on Building Dept Review 40,314.00
Modifications to 4 Classroom with movable partitions 63,794.00
Electrical Service Re-design Re-routing of FPL conduits 103,485.00
Total $207,593.00
Approved by City of Aventura
City Manager
PCPCO #012
cotrurnficrioN
Kaufman Lynn Construction,Inc. Project: 1072-Aventura Charter School
3185 S.Congress Avenue 3151 NE 213th St.
Delray Beach,Florida 33445 Aventura,Florida 33180
Phone:561-361-6700
Fax:561-361-6979
Prime Contract Potential Change Order #012: Revised MEP Drawings
TO: City of Aventura FROM: Kaufman Lynn Construction,Inc.
19200 West Country Club Drive 3185 S.Congress Avenue
Aventura Florida,33180 Delray Beach Florida,33445
PCO NUMBER/REVISION: 012/0 CONTRACT: 1072-KL Standard Project Template Prime
Contract
STATUS: Pending-In Review CREATED BY: Alissa Warfieid (Kaufman Lynn
Construction,Inc.)
SCHEDULE IMPACT: 0 days DATE CREATED: 11/14/2018
TOTAL AMOUNT: $40,314.00
POTENTIAL CHANGE ORDER TRLE: Revised MEP Drawings
CHANGE REASON:Plan Revision
POTENTIAL CHANGE ORDER DESCRIPTION:(The Contract Is Changed As Follows)
CE#045-Revised MEP Drawings
MEP drawings revised per comments received during permit review In order to help keep costs dawn,$13,000 has been applied from Construction
Contingency and the owner utilized$70,000 of their share of contractual job savings.
ATTACHMENTS:
HYGP-1 Revisedpdr RCO-1808-02 Revision#2 Electrical Changes.pdf
•
can Code Description Funding swan. 5yp. Amount
1 1S`AO-HVAC, HVAC changes per revised drawings dated Owner SUMcntrecb
y1110 Change Order S]9,52600
2 I6-050-Basic EktMl Eleeblral Chalice./per rmmrl thawing.dalal Owner Change Order Subcontractor 139294.00
6/13118
3 17.01.Job Reserves Cul to Job Reserves owner Change Order Gerenl meow 00)
4 12-010-Fee Conhgenry Cost toCcntir¢ncy Owner Change Onset General {513300 00).
Subtotal: 535320 00
Far 10.00%Applies to W ane Item type.. S 3.502 M
GL: x125%Applies to as Mn.Item types. S 493.00
Bond: a 1.05%Apples to as Ins Item types. 5 4190]
Grand Total: 140.314.00
BY SIGNING BELOW,OWNER AUTHORIZES CONTRACTOR TO PROCEED AND AGREES TO ALL TERMS INCLUDING
PAYMENT AS DESCRIBED IN THIS POTENTIAL CHANGE ORDER.
City of Aventura Kaufman Lynn Construction,Inc.
19200 West Country Club Drive 3185 B.Congress Avenue
Aventura Florida 33180 Delray Beach Florida 33445
SIGNATURE DATE SIGNATURE DATE
Kaufman Lynn Construction,Inc. page 1 of 1 Printed On:1/3/2019 01 :50 PM
i
Ir---4%"- IIEL..IIE "lrll/FkAlkllMIIRt%9111E
P40bNAPIERr •Sj%M"tiltik r1r11la
CHANGE ORDER REQUEST CHANGE ORDER NUMBER RCO#1808.02 REVISION# 002
PROJECT: Aventura Charter High School DATE 11/8/2018 RFI#
3151 NE 213th Street PROJECT NUMBER:1808 SKCH#
Aventura,FL 33180 RE: Electrical changes as per Permit Set Revision#2 drawings dated 8/13/18 ITC#
CONTRACTOR:KAUFMAN LYNN as follows: Owner Directive
3185 S.Congress Avenue GC Directive
Delray Beach.FL 33445
CHANGE ORDER REPORT QUOTES MATERIAL LABOR HRS 1
Provide labor&material,to accommodate changes for work referenced above and details below as follows:
1.E2.10 DELETE(3)TYPE"K"FIXTURE IN STORAGE RM G104 $ (13.96) -6.26
2.E2.10 POWER TO MEZZANINE LIGHTING CIRCUIT GHA-12 $ 241.10 18.64
3.E2.10 ADDED(18)TYPE"K"FIXTURE IN MEZZANINE ELECTRICAL RM $ 180.83 44.04
4.E2.10 ADDED(3)TYPE"EM"FIXTURES IN THE MEZZANINE ELECTRICAL RM $ 124.25 18.83
5.E2.10 ADDED(3)CEILING 0/S IN MEZZANINE ELECTRICAL RM $ 58.55 6.53
8.F2.10 ADDED(1)TYPE WALL MOUNT VACANCY SENSOR SW IN MEZZANINE ELECTRICAL RM $ 21.52 3.25
7.E2.11 ADDED(12)TYPE"H1E"FIXTURES ON THE EXTERIOR OF THE BUILDING $ 142.22 49.10
8.E2.11 ADDITIONAL CONDUIT AND WIRING FOR(12)ADDED"H1E"FIXTURES $ 1 384.76 121.88
9.E3.20 ADDED HOMERUN CIRCUITS 21A-73,75 FOR RECEPTACLES I 197.43 12.88
10.E5.02 CREDIT(4)TYPE"K"FIXTURE IN MEZZANINE ELECTRICAL RM ,
11.E4.20 ADDED(2)WM#6ATC2PBK POKE THRU BOXES&CONDUITS TO IT RM 118 $ 999.70
12.E4.20 ADDED(4)GAS DETECTORS FOR ISIMET SYSTEM IN SCIENCE LAB#203
13.E5.02 ADDED CIRCUIT&DISCONNECT SWITCH FOR 0/H DOOR IN GYM MEZZANINE
14.E7.02 CHANGE FEEDERS TO OAU-1-1 FROM 125A TO 100A 487.03 ,
15.E7.02 CHANGE FEEDERSRTU-1-2 FROM 70A TO 80A101.66
T
16.E7.02 CHANGE FEEDS ON TB-2-42-4TO TB-2-13 FROM 4412 TO 3-#12
17.E7.02 CREDIT RTU-1-4 175 AMP FEEDERS&CONDUITS
18.E7.02 ADD RTU-1-4 110 AMP FEEDERS&CONDUITS20.51
19.F7.03 PANEL MDP CIRCUIT BREAKER CHANGES ��
20.E7.03 PANEL GHA CIRCUIT BREAKER CHANGES 0.00
21.E7.06 PANEL 2MA CIRCUIT BREAKER CHANGES 1.11=111111, „
QUOTED LIGHTING $ 11,504.56 -
I QUOTED SWITCHGEAR N/C
QUOTED ISIMET EQUIPMENT $ 1 909.00
SUB-TOTAL $ 14,413.26 $ 1,606.57 310.18
JOB EXPENSES 7.00% $ 1,008.93 $ 112.46
ENGINEERING $ - - TOTALS $ 15,422.19 $ 1,719.03 310.16
ESTIMATING $ 1,800.00 R AP
EQUIPMENT $ 2 399.63 LABOR PERCENTAGE HR.RATE LABOR HR. LABOR SUB TOTAL
SHIPPING R.HANDLING $ - ENGINEERING @5% $ 67.00 15.508 $ 1,039.04
$ - PROJECT MANAGER(0)10% $ 58.00 32
' $ - FORMAN(820°h 49.00 � r
• • $ - ELECTRICIAN @50% I �' $ 6,823.52
PROJECT $ - HELPER([72.15% $ 27.00 46.524 $ 1,256.15
STORAGE TRAILE $ - AVERAGE RATE PER HR, $ 45.00
TELEPHONE $
TEMPOKARY POWER $ TOT, •• r :_TOOLS •
• $ - TOTAL LABOR COST - - 13 9.7.20
TRUCK $ TOTAL MATERIAL COST
WTI-EXCAVATOR $ - QUOTATIONS(Equipment Rental)
sus-CONTRACT • $ JOB EXPENSE 4 199.63
SUB-CONTRACT• $ - T•TA PRIME CO i
E
$ %OVERHEAD 10% 3,52 . 0
$ - NET COST I 38 827.85
$ A P u 3% iiiMMEEIECI
$ __ - NG PRICE $38,827.85
$ - CREDIT
$ _ _ - - SUB TOTAL : : ' $38.827.85
PLUS BOND 1. $465.93
TO A E •- • .. • • i 7• ,crr- $39,293.78
AN INCREASE OF 5 DAYS ARE NEEDED TO COMPLETE THE
PROJECT AS PER THE ADDED SCOPE OF WORK.
OWNER/CONTRACTOR SIGNATURE DATE
ELECTRASERVE SIGNATURE DATE
1
,�
HILL YORK CORPORATION
Hillcsi
THE MR CONDITIONING PEOPLE
TOr
L ' 2125 South Andrews Avenue,Fort Lauderdale,Florida 33316
P.O.Box 350155, Fort Lauderdale,Florida 33335
Phone: (954)525-2971 Fax: (954)525-2973
Kaufman Lynn Construction Aventura Charter HS
3185 S Congress Ave Hill York Job#: 50024-18
Delray Florida 33445
Hill York Change Proposal#: 1 J FAX:
Change Proposal: X MAIL:
Cost Recovery: DELIVER:
Customer Reference#: EMAIL: X brastokQkaufmanlvnn.c
Project Manager: Shawn K
PM Signature: Date: 11/07/18
One Line Description: Rev 2 Permit Set 8-13-18
SCOPE&DETAILS: PRICE: $79,526
This proposal includes labor and materials associated with Revision#2 Permit Set Dated
8-13-18. Please see the attached for details on the changes.
The Above Additional Work will Require an Additional_ 5 -Days to the Current Construction Completion.
The above price is good for thirty(30)days and is subject to review thereafter.If you want us to proceed with this work.please
sign your acceptance in the space provided and return one copy to us so the work can proceed.We will still need your contract
Change Order received In our office within three(3)weeks after your acceptance.Your failure to provide the contract Change
Order will necessitate stoppage of this work.
Authorized Signature ___ Date
JOB NAME Aventura Charter HS SALESMAN Shawn Kohli
DATE OF ESTIMATE 50024-18 CPS 1
11/07/18 RUN TIME: 11:56 AM RUN DATE• 01/03/19
Rev 2 Pernik Bet 8.13-18
ITEM QUOTE ALT#2 JALT#3 Notes
1401 Chillers
1402 Air Handing Units 36,612
1403 Coil Kit
1406 Water Coils
1404 Fan Coll Units
1405 Heat Pumps
1420 Cooling Towers
1430 Pumps
1440 Boilers
1450 Heat exchangers
1500 Insulation
1850 Foundations and Supports
1820 Isolation
1810 Freon
1880 Filters
1800 Smoke Detectors
1890 StartersNFD's
1900 Controls
1700 Fiberglass Material
1701 Metal Material
1710 Fans
1725 Dampers&Access Doors
1730 Vav Boxes
1720 Alr Distribution&Louvers
1740 Elec.Dud Heaters
1999 Other Material
PVF Deduct
1800 PVF Material
Supervision
Pipe Fitter Labor
Pipe Fitter OT
Duct Shop Labor
Duct Supervision
200 Project Management 380
300 Principal Engineer
310 Design Engineer
320 Draftsperson
400 Sleeving,Coord.&Dwgs
410 Piping Drawings
470 Ductwork Drawings
420 Coordination&Meetings
430 Submittals&Scheduling
2700 Sheetmetal 33,203
2900 Controls
2200 Electrical
2500 Insulation
2100 Test and Balace
2400 Chemical Treatment
2600 Plumbing
2800 Cutting and Coring
2999 Other Subs
3100 Bond,Insurance Taxes 722
3150 Permit
3300 Telephone
3400 Travel and Subsistence
3800 Rental of Equipment
3600 Freight
3900 Contingency
3999 Other Miscellaneous
5000 Service Reserve
S/TOTAL(TAXABLE) 36,612 0 0
6000 6.50% 2,380 0 0
TOTAL MATERIAL/EQUIP 38,992 0 0
TOTAL LABOR 380 0 0
TOTAL SUBCONTRACTS 32,203 0 0
TOTAL MISCELLANEOUS 722 0 0
TOTAL COST 72,297 0 0
PERCENT MARK UP 10.00 0 00 #DIV/0!
MARKUP _ 7,230 0 0
SALES PRICE 579,526 $0
AROIITECTURE
ENGINEERING
INTERIORS
PLANNING P(G A IJ
December 12,2018
Antonio F.Tomei
Capital Projects Manager
Department of Public Works/Transportation
19200 West Country Club Drive
Aventura,FL 33 180
Re:Aventura Charter High School- PCPCO-02 I
Mr.Tomei,
PGAL has reviewed PCO 2 1 in the amount of$63,794 00 from Kaufman Lynn and find it to be
fair and reasonable for the two operable partitions requested by Charter Schools USA.
We recommend approval of this CO.
Let us know if you have any questions.
Sincerely,
Rodney Crockett,AIA, LEED AP
Senior Associate
Cc:file
791 Perk of Commerce Blvd.,Suite 400 T 561988 4002
PGAL.coM Boca Paton,FL 33487 F 561988 3002 AA0CWP3 EfoaoebIO
PCPCO #021
tolJeentag,OA
Kaufman Lynn Construction,Inc. Project:1072-Aventura Charter School
3185 S.Congress Avenue 3151 NE 213th St.
Delray Beach,Florida 33445 Aventura,Florida 33160
Phone:561-381-8700
Fax:561-361-6979
Prime Contract Potential Change Order#021: Operable Partitions
TO: City of Aventura FROM Kaufman Lynn Construction,Inc.
19200 Nest Country Club Drive 3185 S.Congress Avenue
Aventura Florida,33180 Delray Beach Florida,33445
PCO NUMBER/REVISION: 021/0 CONTRACT: 1072-KL Standard Project Template Prime
Contract
STATUS: Pending-In Review CREATED BY: Alissa War1eld (Kaufman Lynn
Construction,Inc.)
SCHEDULE IMPACT: 0 days DATE CREATED: 12/62018 --
TOTAL AMOUNT: 663.794.00
POTENTIAL CHANGE ORDER TITLE:Operable Partitions
CHANGE REASON:Plan Revision
POTENTIAL CHANGE ORDER DESCRIPTION:(The Conbect/s Changed As Follows)
CF#057_-Operable Para6nns
This change order is to install the operable partitions at the second and third flows. This incudes the lording partition war the larger panels,the support
steel,rid the drywall and insulation vmpping the support steel for sound. This also includes file rewoddag of the framing and drywall at Classroom 206
and Classroom 306 as per the revised architectural drawings.
ATTACHMENTS:
622._THIN1]_FLO(M2 FRAMING PLAN-CLASSROOM Rev 3 markuo.pd_f A3.03 REFLECTED CEILING PLAN-LEVEL 3 Rev 2malkuo.odf A230
FLOOR PLAN-LEVEL.3 Rn,42 markug,ggf 64.3 FRAMING QUAILS Rev 1,pdf LQtNAFA-Rev MU.pdf Soullgm.Spudmalodf OP-
K-DM ng6p0( SSE-Modemfdd,PDE
$ coat Code o ilp+.rr Funs Sorry 1ys. Amount
1 5-100-awl MBbnt Masi mums bwtltlh wN4pn M U Pdm'
Am Metals eutcontrache
f],891 W
At two bmYax Added ma Mee,x86 Mlbn
Mei or Myer a drywall and Insulation worm
2 naso- $113.406.00amr Package
side au.Mang maim.tom!anal omaraem amoum.eor
nosed a sin*.Myrws with Mo dm.ew
a 11.480- 9.RM and Instal 4oMdW partisan and
At%tdR.c.erney ENN Peen mom el nm batlgc Owner Champ OR* aMs1Wu raSMS.W
MMeree f5.3.e84.00
Fa:IMQ%FROMM dine itsM Wm. $5038.00
GU•1.$1%Apples MO F.Mm types. $770.00
Bend:•1.51%Ary. W ate In In.. 586900
Oiled T.W: Santos
BY SIGNING BELOW,OWNER AUTHORIZES CONTRACTOR TO PROCEED AND AGREES TO AU.TERMS INCLUDING
PAYMENT AS DESCRIBED IN THIS POTENTIAL CHANGE ORDER.
City of Aventura Kaufman Lynn Construction,Inc
19203 West Country Club Drive 3185 S.Congress Avenue
Aventura Florida 33180 Delray Beach Florida 33445
SIGNATURE DATE SIGNATURE DATE
Kaufman Lynn Construction,Inc page 1 of 1 Printed On:12/6/2018 04:06 PM
JGTU`9
*SOUTHERN*
%Of
FLORIDA )
Southern Structural Steel of Florida. Inc Date: 11/29/2018
1000 31st St South Page 1 of 2
St.Petersburg,FL 33712 CO#: 5
Phone:(727)327-7123
Fax:(727)323-3396 Job#: 18011E
Aventura Charter High School
Change Order Request
To: Matt Thomas
Kaufman Lynn
3185 S.Congress Ave
Delray Beach,Florida 33445
Phone: (561)361-6700
Subject: Change in Structural Drawings
Change Requested By: SSS
Sent Via: E-mail
Description of Change:
Additional steel required for S4.3
Operable Partitions
Section 2,-eartworwalt additional two locations.
Materials:$3,092.80
Labor:$3,600.00
Tax: $468.50
OH and profit: $669.28
Subtotal:$7,830.58
Addit;in of 4 Sc.ivvn f aides,Iotails 3-6
Tax: $895.10
OII&P:$1,278.71
Materials:$270.30
1 LOPEcH®
ESTABLISHED 1928
November 7, 2018
Mr. Brandon Rastok
Kaufman Lynn Construction
3185 S Congress Avenue
Delray Beach, FL 33445
Re: Aventura Charter School
RCO #6 - Revised
Revised drawings dated October 4, 2018
Dear Mr. Rastok,
Attached please a breakdown for the additional work shown in the above referenced drawings.
They have deleted walls on two floors that divide 2 classrooms; added a soffit face and a soffit
bottom with 1 layer of drywall and insulation on each side of the folding partition; closet walls
for the folding partitions; and replaced a single layer wall with 2 chase walls.
$13,408.00
Please forward a change order in the amount of $12,438.00, if you would like for us to proceed
with this work.
Let me know if you have any questions or if you require anything further.
Very truly yours,
LOTSPEICH COMPANY, INC.
Aimel G. Centurion
Project Manager
Re. 13-2365\Itr05
LOTSPEICH COMPANY INC.
16101 NW 54th Avenue, Miami, Florida 33014 • (305).62 - • www.Lotspeich.com
ESTIMATE WORKSHEET
JOB#: 13-2365
Aventura Charter School
RE: Revised drawings dated 10-4-18
Material QUANTITY UNIT TOTAL
3 5/8"studs 1,023 0.41 414.32
3 5/8"track 550 0.40 220.00
2 1/2"studs 205 0.39 78.93
2 1/2"track 30 0.38 11.40
5/8"Drywall 1,050 0.30 309.75
Joint Compound 5 13.95 69.75
Joint Tape 4 3.75 15.00
R-11 Insulation 1,303 0.21 267.12
Misc. Materials 138.63
TOTAL MATERIAL 1,524.88
SALES TAX 106.74
TOTAL MATERIAL 1,631.62
CATEGORY HOURS RATE TOTAL
CARPENTERS 182 49.00 8,937.11
LABORERS 10 36.00 360.00
SUPERINTENDENT 20 54.00 1,080.00
PROJECT MANAGER 85.00 0.00
TOTAL LABOR 10,377.11
TOTAL MATERIAL 1,631.62
SUBTOTAL 12,008.73
CONTRACTOR OH& FEE -2444 1,200.87
SUBTOTAL X6613,209.60
BOND 1e3:84 198.14
TOTAL 4-2-4-38766 13,407.74
J:\Lotspeich\2365\estimate\rco#6.xlsx
SOUTHEASTERN
SURFACES & EQUIPMENT
QUOTATION
TO: KAUFMAN LYNN DATE: 10/23/2018
PHONE:
FAX:
ATTN: QUOTE#: 102318-04
PROJECT:AVENTURA CHARTER SCHOOL
We are pleased to offer the following proposal:
OPERABLE PARTITONS BY MODERNFOLD EXACTLY AS SPECIFIED
Model/Series: ACOUSTI-SEAL SERIES 931(SINGLE PANEL OPERATION)
STC rating: 50
Openings: (2)@25'9.5"W x 10'0"H
PANEL SKIN STEEL SHEET WELDED TO FRAME
Panel Hinges: FULL LEAF BUTT hinges attached directly to the panel frame with welded hinge
anchor plates within panel to further support hinge mounting to frame.(Lifetime
warranty on hinges'
Panel Finish: STANDARD VINYL FINISH
Final Closure: Expandable Panel
Top Seals: SWEEPS
Bottom Seals: IC2 MANUAL
Track Type: #11 STEEL TRACK AND TROLLEYS
Pass Doors: N/A
Pocket Doors: (1)SET MATCHING TYPE IV POCKET DOORS
Mfg.Warranty: 2 years on panels/5 years on track and trolley assembly/Lifetime on Hinges
Overhead Support: BY OTHERS PER MODERNFOLD REQUIREMENTS
Installation: By Certified installers
Lead Time: 12-14 weeks from Submittal of Colors and final Field Verified Dimensions
Hoisting: By others if needed—Not Included
TOTAL SUPPLIED AND INSTALLED $ 35,445.00
El0 P.O. Box 602• 569 Canal Street • New Smyrna Beach • Florida • 32170 SS
iPhone: (386)428-8875 • Fax: (386)428-8767am
www.sseteam.com MI
LNOINLLPING
INILNIONL AAA
PLANNING )I;Il.L
December 7, 2018
Antonio F.Tomei
Capital Projects Manager
Department of Public Works/Transportation
19200 West Country Club Drive
Aventura,FL 33180
Re.Aventura Charter High School-PCPCO-0013
Mr.Tomei,
PGAI.and.ILRD have reviewed PCO 13 in the amount of$103,48S.00 from Kaufman Lynn and
find it acceptable for the new electrical service redesign.
We recommend approval of this CO.
Let us know if you have any questions.
Sincerely,
Rodney Crockett,AIA,LEED AP
Senior Associate
Cc:file
791 Perk of Commerce Blvd..Suite duo * 561 996 4002
PGALCOM Boca Paton,FL 33487 F 5619663002 AAo003537 Le0000m.o
PCPCO #013
K,::rillr ION
Kaufman Lynn Construction,Inc. Project: 1072-Aventura Charter School
3185 S.Congress Avenue 3151 NE 213th St.
Delray Beach,Florida 33445 Aventura,Florida 33180
Phone:561-361-6700
Fax:561-361-6979
Prime Contract Potential Change Order #013: Electrical Service Re-design
TO: City of Aventura FROM: Kaufman Lynn Construction,Inc.
19200 West Country Club Drive 3185 S.Congress Avenue
Aventura Florida,33180 Delray Beach Florida,33445
PCO NUMBERIREVISION: 01310 CONTRACT: 1072-KL Standard Project Template Prime
Contract
STATUS: Pending-In Review CREATED BY: Nissa Warfield (Kaufman Lynn
Construction,Inc.)
SCHEDULE IMPACT: 0 days DATE CREATED: 11/26/2018
TOTAL AMOUNT: $103,485.00
POTENTIAL CHANGE ORDER TITLE:Electrical Service Re-design
CHANGE REASON:Unforeseen Condition
POTENTIAL CHANGE ORDER DESCRIPTION: (The Contract is Changed As Follows)
CE#007-Electrical Service Redesign
This is the re-routing of the FPL conduits and new location of the FPL transformer,including communications conduits,as per revised electrical drawings
dated 10/30/18. This stems from the coordination meeting between JIRD and FPL. This change also includes changing the primary feeders from
copper to aluminum.
ATTACHMENTS:
El 02-ELECTRICAL-SITE-PLAN-Rev.1.pdf E6 01-ELECTRICAL-POWER-RISER-DIAGRAM-Rev l.pdf E7.03-PANELBOARD-SCHEDULES-
Rev2.pd1 RCO-1808-03R Site Underground.pdf
• Cort COIN Dncrplbn Fusing Source Type Amount
Labor,morns,and equipment for re-routing of
me FPL condulte and new location of the FPL
1 16-50.Basic Electrical tianskmer,IrcWIng TTmunicat ,9o0IduM1e, Subcontractor $9195100
as per revised electrical drawings dated swwwana.
This charge also hordes Manges the pemad
feeders from supper to aluminum.
Subtotal: 591,95100
Fn:1000%Applies to all lin Item types. 5919500
GL:=1.25%Applin to all lin item types. $1261.CG
Borg::1.05%Applies to all Mos Item types. 51075 W
Grind Total: $1113,405143
BY SIGNING BELOW,OWNER AUTHORIZES CONTRACTOR TO PROCEED AND AGREES TO ALL TERMS INCLUDING
PAYMENT AS DESCRIBED IN THIS POTENTIAL CHANGE ORDER.
City of Aventura Kaufman Lynn Construction.Inc.
19200 West Country Club Drive 3185 S.Congress Avenue
Aventura Florida 33180 Delray Beach Florida 33445
SIGNATURE DATE SIGNATURE DATE
Kaufman Lynn Construction,Inc. page 1 of 1 Printed On: 11/26/2018 09:13 AM
i
I
1
lirlielt...111E4M-lirreAlitilMOWNIfiliM
IFINE.Nobtower -51rilii6-11toewirunbai
CHANGE ORDER REQUEST CHANGE ORDER NUMBER RCO#1808-03 REVISION#
PROJECT: DATE 11/2/2018 RFI it
AVENTURA CHARTERHIGH SCHOOL PROJECT NUMBER:1808 SKCH 4
3151 NE 213 STREET RE: REVISED UNDERGROUND CONDUIT AND FEEDER SITE ITC 4
CONTRACTOR KAUFMAN LYNN COORIDINATION DRAWING E6.01 DATED 10/30/2018 Owner Directive
3185 S.Congress Avenue Comcast Drws.X
Delray Beach,FL 33445 ,
CHANGE ORDER REPORT QUOTES MATERIAL LABOR HRS
Provide labor&material,to accommodate changes for work referenced above and detail below as follows: •
***CREDIT CONDUITS FROM CONTRACT SITE UG COORDINATION
400'2-FPL FURNISHED 5"CONDUIT INSTALLATION AS PER CONTRACT DRAWING $ 16,773.40) -604.65
100'5-4"CONDUITS W/4-600 CU SECONDARYS $ (24,426.98) -241.48,
100'1-1.25"CONDUIT W/4#4 CU ELEVATOR MACHINE ROOM $ (386.39) -13.54
100'1-1.5"CONDUIT W/4#1 CU FIRE PUMP $ (723.22) -19.03
2-400'EMPTY TELECOMMUNICATION SERVICE CONDUITS $ (1,442.37) -517.72
CHUCK'S BACK HOE $ (3,200.00)
ER CONDUITS&FEEDERS FROM NEW CQORDIVAT(QN DRAWING
230'2-FPL FURNISHED 5"CONDUIT INSTALLATION AS NEW DRAWING $ 3,838.46 381.88
300'2-FPL FURNISHED 5"CONDUIT INSTALLATION AS NEW DRAWING $ 4,987.55 486.61
440'2-FPL FURNISHED 5"CONDUIT INSTALLATION AS NEW DRAWING $ 3,612.87 457.18
270 5-4"CONDUITS W/4-600 AL SECONDARYS $ 39,550.14 575.79
270 1-1.25"CONDUIT W/4#4 CU ELEVATOR MACHINE ROOM $ 934.18 33.48
270'1-1.5"CONDUIT W/4 111 CU FIRE PUMP $ 1,719.81 45.98
440'TELECOMMUNICATION CONDUITS $ 2,145.31 578.25
CHUCK'S 13ACK HOE $ 8,500.00
I---
SUB-TOTAL $ 5,300.00 $ 23,015.94 4 i. 3
JOB EXPENSES 7.00% $ 371.00 $ 1,611.12
ENGINEERING $ - TOTALS 5 671.00 24 627.06 1140.73'
ESTIMATING $ 969.59 • A
- 1
EQUIPMENT RENTAL $ LABOR PERCENTAGE HR.RATE LABOR HR. LABOR SUB TOTAL
SHIPPING 8 HANDLING $ - FNGINEFRING 05% $ 87.00 57.0365 $ 3,871 45
PARKING $ - PROJECT MANAGER Q10% $ 58.00 114.073 $ 6,616.23
PERMITS 8 FEES $ - FORMAN @20% $ 49.00 228.146 $ 11,179.15
ONSITE SUPERVISION $ - ELECTRICIAN@50% $ 44.00 570.365 $ 25,096.06 1
PROJECT MANAGEMENT $ . HELPER/1).15% $ 27.00 171.1095 $ 4,619.96
STORAGE TRAILER $ - AVERAGE RATE PER HR. $ 45.00
TELEPHONE $ -
TEMPORARY POWER $ - TOTALS FORM RECAP
TOOLS%OF MATERIAL
$
-
- TOTAL LABOR COST
TOTAL MATERIAL COST $ 51 332.85
$ ,
TRUCK $
24,627.06
MINI EXCAVATOR $ - QUOTATIONS(Equipment Renta!) $ 6,671.00
SUB-CONTRACT CONTINGENC $ - JOB EXPENSE $ 969.59
SUB-CON1RAC T OTHER $ - TOTAL PRIME COST $ 82,600.60
_ -
$ - r.OVERHEAD $ 0.10 $ 8,260.05
$ - NET COST $ 90,860.65
$ - lti MO,II , 0.03 4,543.03 $0.00
$ - SELLING PRICE $ -8fr404:67- $90,860.55
_
$ -
CREDIT $
$ - SUB TOTAL $ .99046-4: $90,860.55
$ - PLUS BOND 1.20% $ 1144:j et $1,090.33
TOTALS '. '. 9 TOTAL CHANGE TO THE CONTRACT $ 44-644:42- $91,950.88
AN INCREASE OF 20 DAYS ARE NEEDED TO COMPLETE THE
PROJECT AS PER THE ADDED SCOPE OF WORK.
OWNER/CONTRACTOR SIGNATURE DATE
ELECTRASERVE SIGNATURE , . _DATE
1
NEW FPI.CONDUIT INSTALLATION QUANITY
5" CONDUIT-PVC40 1,940 C 0 0 D 26.25,0 509.25
5 x30"RAD ELBOW 90 DEG-PVC40 16 C 0 0 0 168.751C 27
5" COUPLING-PVC 32C 0 0 0 OC 0
UNDERGROUND WARMING TAPE-YLW 3"WIDE-PER 1000'ROLL 750 M 0 58.5 43.88 0.63E 472.5
TRENCH(24"x 3'DEEP) 520 E 0 0 D 0.1 E 52
TRENCH(24"x 4'DEEP) 230 E 0 0 0 0.15 E 34.5
EXCAVATION(CUBIC YARD) 110 E 0 0 0 0.5E 1 55
COMPACTION(LINEAR FOOT) 750 E 0 0 D 0.1.7E 75
CONCRETE 2500 LB(CU YARD) 55 E 0 225 12,375.00 0.88 E 48.4
BLACK TOP CUTTING 10 E 0 0 0 1 E 10
BLACK TOP REPAIR 22 E 0 0 0 1 E 22
NEW SECONDAIRIES
11/4'WCKNUT-STEEL 4 C 0 25.59 1.02 5.81 C 0.23
1 1/2"LOCKNUT-STEEL 2C 0 40.02 0.8 7.88 C 0.16
4" LOCKNUT-STEEL 15 C 0 329.53 49.43 15.75 C 2.36
1 1/4"CONDUIT-PVCAO 270 C 37.3 44.76 120.85 6.63 C 17.9
1 1/2"CONDUIT-PVC40 270 C 43.12 51.74 139.7 9.13 C 24.65
4" CONDUIT-PVC40 1,350 C 140.32 168.38 2,273.13 18.13 C 244.76
11/4"ELBOW 90 DEG-PVC40 2 C 0 83.83 1.68 0 C 0
11/2'ELBOW 90 DEG-PVC40 2 C 0 10816 2.17 42.5 C 0.85
4" ELBOW 90 DEG-PVC40 10 C 0 704.67 70.47 131.25 C 13.13
1 1/4"COUPLING-PVC 4C 0 22.16 0.89 0C 01
1 1/2"COUPUNG-PVC 4 C 0 27.44 1.1 0 C O1
4" COUPLING-PVC 20 C 0 157.01 31.4 0C 0'
'11/4"ADAPTER MALE-PVC 3 C 0 32.54 0.98 17.5 C 0.531
11/2"ADAPTER MALE-PVC 3 C 0 42.49' 1.27 20 C 0.61
4" ADAPTER MALE-PVC 15 C 0 225.21 33.78 50 C 7.5
11/4"END BELL-PVC 1 C 0 436.46 4.36 7.5 C 0.071
11/2"END BELL-PVC 1C 0 417.17 4.17 7.5 C 0,071
4" END BELL-PVC 5C 0 839.45 41.97 12.5 C 0,63
P 4THHN BLACK 1,160 M 578.04 693.65 804.63 12.75 M 14,79
A 1 THHN BLACK 1,160 M 1,128.11 1,353.73' 1,57033 16.88 M 19,58
4600XHHW BLACK AL 5,800 M 0.00 6,818.98 39,550.14 53 M 307.4'.
NEW TELECOMMUNICATION SERVICE CONDUITS
4" LOCKNUT-STEEL 4 C 0 329.53 13.18 15.75 C0.631
4" CONDUIT-PVC40 880 C 14032 16638 1,481.74 18.13 C 159.54'
4" ELBOW 90 DEG-PVC40 4C 0 704.67 28.19 131.25 C 5.25'
4" COUPLING-PVC 8 C 0 157.01 12.56 0 C 0
4" ADAPTER MALE-PVC 4C 0 225.21 9.01 50 C V
UNDERGROUND WARNING TAPE-YLW 3"WIDE'PER 1000'ROLL 440 M 0 58.5 25.74 0.63 E 277.2'
1/8"POLYTWINE 968 M 0 10.18 9.85 3.75 M 3.63
STANDARD TEL PULLBOX 1 E 0 565 565 7.5 E 7.5
TRENCH(24"x 3'DEEP) 440 E 0 0 0 0.1 E 44
EXCAVATION(CUBIC YARD) 65 E 0 0 0 0.5 E 32.5
COMPACTION(LINEAR FOOT) 440 E 0 0 0 0.1 E 44
ORIGINAL CONTRACT FPL CONDUITS IN CONTRACT
5" CONDUIT-PVC40 -800 C 0 0 26.25
5 x30"RAD ELBOW 90 DEG-PVC40 -4C 0 0 168.75
5" COUPLING-PVC -8 C 0 0 0
UNDERGROUND WARNING TAPE-YLW 3"WIDE-PER 1000'ROLL -400 M I 58.5 -23.4 0.63
TRENCH(24"x 3'DEEP) -400 E I 0 0 0.1
EXCAVATION(CUBIC YARD) -59 E 0 0 0.5
COMPACTION(LINEAR FOOT) -400 E 0 0 0.1
CONCRETE 2500 LB(CU YARD) -30 E 225 -6,750.00 0.88
ORIGINAL CONTRACT SECONDAIRES
1 1/4"LOCKNUT-STEEL -3 C 25.59 -0.77 5.81 C -0.17
11/2"LOCKNUT-STEEL -2 C 40.02 -0.8 7.88 C I -0.15
4" LOCKNUT-STEEL I -15 C 329.53 -49.43 15.75 C -2.36
1 1/2"LOCKNUT BONDING-STEEL -1 C 1 1,217.66 -12.18 11 C -0.11
1 1/4"CONDUIT-PVC40 1 -100 C 37. 44.76 -44.76 6.63 C -6.63
1 1/2"CONDUIT-PVCAD -100 C 43.1 51.74 -51.74 9.13 C -9.13
4" CONDUIT-PVC40 -500 C 140.3 168.38 -841.9 18.13 C -90.65
1 1/4"ELBOW 90 DEG-PVC40 -2 C 83.83 -1.68 0 C 0
1 1/2"ELBOW 90 DEG-PVC40 -2 C 108.26 -2.17 42.5 C -0.85
4" EL3OW 90 DEG-PVC40 -10 C 704.67 -70.47 131.25 C -13.131
1 1/4"COUPLING-PVC -4C 22.16 -0.89 0C 0
11/2"COUPLING-PVC -4C • 27.44 -1.1 0C 0
4" COUPLING-PVC -20 C 157.01 -31.4 0C 0
,11/4"ADAPTER MALE-PVC -3 C 32.54 -0.98 17.5 C -0.53
I11/2"ADAPTER MALE-PVC -3 C I 42.49 -1.27 20 C -0.6
4" ADAPTER MALE-PVC -15 C 225.21 -33.78 50 C -].5
1 1/4"END BELL-PVC -1 C 436.46 -4.36 7.5 C -0.07
11/2"ENO BELL-PVC -1 C 417.17 -4.17 7.5 C -0.07
4" END BELL-PVC -5 C 839.45 -41.97 12.5 C -0.63!
#4THHN BLACK -480 M 578.04 693.65 -332.95 12.75 M -6.12
#1 THHN BLACK -480 M 1,128.11 1,353.73 -649.79 16.88 M -8.1
#600 THHN BLACK -2,400 M 8,110.42 9,732.50 -23,358.00 53 M -127.2
ORIGINAL CONTRACT TELECOMMUNICATION CONDUITS I
4" LOCKNUT-STEEL -41C 0 329.53' -13.18 15.75 C -0.63
4" CONDUIT-PVC40 -8001C 140.32 168.38 -1,347.04 18.13 C -145.04
4" ELBOW 90 DEG-PVC40 -4 C 0 704.67 -28.19 131.25 C -5.25
4" COUPUNG-PVC I -8 C 0 157.01 -12.56 0C 0
4" ADAPTER MALE-PVC -4C 0 225.21 -9.01 50 C -2
UNDERGROUND WARNING TAPE-YLW 3"WIDE-PER 1000'ROLL J -400 M 0 58.5 -23.4 0.63 E -252
1/8"POLYTWINE 1 -880 M 0 10.18 -8.96 3.75 M -3.3
TRENCH(24"x 3'DEEP) -400 E 0 0 0 0.1 E -40
EXCAVATION(CUBIC YARD) -59 E 0 0 0 0.5 E -29.5
COMPACTION(LINEAR FOOT) -400 E 0 0 0 D.1 E -401
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasso
City Manager ^ /N
BY: Joanne Carr, AICP " Vv '
Community Development Director
DATE: January 4, 2019
SUBJECT: Request of MG-19501 Biscayne LLC, doing business as International
Smoke, for Conditional Use Approval to allow the sale and service of
alcoholic beverages at indoor and outdoor cocktail lounge/bar areas within
the International Smoke restaurant located in Tenant Space #946 of the
Aventura Mall expansion at 19565 Biscayne Boulevard, City of Aventura
(01-CU-19) n
January 8, 2019 City Commission Meeting Agenda Item (07t
RECOMMENDATION
It is recommended that the City Commission approve the conditional use application to
allow sale and service of alcoholic beverages at indoor and outdoor cocktail lounge/bar
areas within the International Smoke restaurant in Tenant Space #946 of the Aventura
Mall expansion at 19565 Biscayne Boulevard, Aventura, subject to the following
conditions:
1. This approval shall be granted exclusively to MG-19501 Biscayne LLC, doing
business as International Smoke in Tenant Space #946 in the Aventura Mall
expansion and may not be transferred to another owner and/or operator of the
restaurant or to another location.
2. Alcoholic beverages shall be sold and served only in conjunction with service of
food.
3. Customers will not be permitted to remove an individual glass of alcoholic beverage
or any open container from the restaurant.
4. The applicant shall obtain an alcoholic beverage license from the State of Florida
and begin sales and service of alcoholic beverages within twelve (12) months of the
date of the Resolution or the approvals granted shall be deemed null and void
unless extended by a motion of the City Commission at the written request of the
applicant, provided that the applicant has filed the request for extension within the
twelve (12) month period prior to expiration.
5. The applicant shall comply with the hours of operation allowed to bars and cocktail
lounges for sale of alcoholic beverages for consumption on premises pursuant to
Section 4-3(d) of the City Code; namely, between the hours of 8:00 a.m. and 1:00
a.m. the following day.
6. The applicant shall conduct Responsible Vendor Training pursuant to Florida
Statutes to ensure no sales are made to underage customers or to customers who
may have been over-served at other establishments.
7. The conditional use approval may be terminated in the event the City Manager
determines that the approval has created and/or is creating a disturbance to the
community. The applicant agrees to immediately discontinue sales and service of
alcoholic beverages upon written notice to the applicant of such a determination.
8. Any discontinuation of the sales and service of alcoholic beverages for a period of
180 consecutive days shall constitute abandonment and shall rescind this approval.
THE REQUEST
The applicant, MG-19501 Biscayne LLC, doing business as International Smoke, is
requesting conditional use approval to sell and serve alcoholic beverages in indoor and
outdoor cocktail lounge/bar areas within the International Smoke restaurant in Tenant
Space #946 of the Aventura Mall expansion at 19565 Biscayne Boulevard,
notwithstanding the distance and spacing requirements for sale and service of alcoholic
beverages in Section 4-2(a) and (b) of the City Code. (See Exhibit #1 for Letter of
Intent)
BACKGROUND
OWNER OF PROPERTY Aventura Mall Venture
APPLICANT MG-19501 Biscayne LLC doing business as
International Smoke
ADDRESS OF PROPERTY 19565Biscayne Boulevard, City of Aventura
(See Exhibit#2 for Location Map)
LEGAL DESCRIPTION Tract R and a portion of Tract Q, Aventura
Sixth Addition, according to the plat thereof
recorded in Plat Book 120, Page 20 of the
Public Records of Miami-Dade County, Florida
(See Exhibit#3 for complete legal description)
Zoning —
Subject Property: B2 Community Business District
Properties to the North: B2 Community Business District, and
CF Community Facilities District
Properties to the South: B2 Community Business District, and
2
CF Community Facilities District, and
TC1 Town Center District
Properties to the East: B2 Community Business District, and
RMF4 Multifamily High Density Residential District
Properties to the West: U Utilities District
Existing Land Use —
Subject property: Regional Mall
Properties to the North: Library & Fire Station
Properties to the South: Retail, Office & Government Center
Properties to the East: Retail, Office, Hotel, Residential
Properties to the West: FEC Railway
Future Land Use - According to the City of Aventura Comprehensive Plan, the
following properties are designated as follows:
Subject property: Business and Office
Property to the North: Business and Office
Property to the South: Business and Office
Property to the East: Business and Office and Medium-High
Density Residential
Property to the West: Business and Office
The Site — The International Smoke restaurant is proposed to be located in Tenant
Space #946 on the ground floor of the Aventura Mall expansion wing, as shown in
Exhibit #4.
The Project - International Smoke is proposing to open a restaurant in Tenant Space
#946 in the Aventura Mall expansion. The restaurant will have 5816 square feet of
indoor floor area and 1316 square feet of patio area. There are 79 seats at tables
indoor, 41 seats at the indoor bar/lounge, 70 seats at tables on the outdoor patio and
10 seats at the outdoor bar/lounge area. Sales and service of alcoholic beverages is
proposed at the indoor and outdoor tables and at the indoor and outdoor bar/lounge
area. The restaurant and the cocktail lounge are permitted uses in the B2, Community
Business, zoning district. A sample floor layout is attached as Exhibit#5 to this report.
The applicant will be applying for a 4COP series, SFS class, liquor license from the
State of Florida. This license requires that the restaurant has 2,500 square feet of
service area, be equipped to serve meals to 150 persons at one time, and derive at
least 51 percent of gross food and beverage revenue from the sale of food and
nonalcoholic beverages. It may not operate as a package store and may not sell
intoxicating beverages after the hours of serving or consumption of food have elapsed.
The license may not be moved to a new location.
3
ANALYSIS
Sales and service of alcoholic beverages are permitted by Code at tables inside the
restaurant and at tables in the outdoor patio; however, sales and service of alcoholic
beverages at the indoor and outdoor bar areas requires conditional use approval due to
the distance and spacing requirements of Chapter 4 of the City Code.
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, unless first approved as a conditional
use, no premises shall be used for the sale of alcoholic beverages to be consumed on
or off premises unless it is located at least 1,500 feet from a place of business having
an existing liquor license (and not one of the uses excepted by City Code from the
spacing requirements) and 2,500 feet from a religious facility or school.
Section 4-2 (e) of the City Code allows certain exceptions from this conditional use
requirement. Dining rooms in restaurants in the B2 zoning district that serve cooked, full
course meals, prepared daily on the premises, are one of the exceptions provided by
this Code section. Cocktail lounges in restaurants are also an exception to the
conditional use approval requirement, provided that the restaurant has 200 or more
seats at tables, including bars or counters at which full course meals are available and
provided that the restaurant has more than 4000 square feet of floor space.
The dining room in the applicant's proposed restaurant meets the exemption criteria of
Section 4-2(e) of the City Code. The restaurant meets the floor area requirement with
5816 square feet of floor area; however, conditional use approval is required for the
applicant's proposed sale and service of alcoholic beverages at the indoor and outdoor
bar/lounge areas because it does not meet the exemption requirement for the number
of seats. The applicant's proposed restaurant has a total of 120 interior seats. The 80
outdoor patio area seats are not included in the calculation to determine compliance
with City Code.
A liquor survey is required to show spacing and distance to other non-exempt
establishments with an existing alcoholic beverage license and to religious facilities and
schools. The applicant has submitted the liquor survey attached as Exhibit #6. The
survey reveals nine (9) 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,
CVS Pharmacy, Total Wine & More, Caviar & More! Café, Beluga Bar, Piacere News
4
Café, Pubbelly Sushi, Genuine Piazza and Serafina restaurant. 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 indoor and outdoor cocktail lounge/bar areas within the
restaurant will not be detrimental to or endanger the public health, safety or general
welfare. The conditions that on-premises consumption of the alcoholic beverage will be
made only in conjunction with food service and that the use may be terminated by the
City Manager if the use creates a disturbance or is operated in violation of the
conditions of this approval will provide safeguards to ensure that the use will not be
detrimental.
3. The proposed use shall be consistent with the community character of the
immediate neighborhood of the proposed use.
The restaurant is located on the ground floor of the Aventura Mall expansion, with
access from the interior and exterior of the building. The immediate neighborhood of
the proposed use is comprised of retail, restaurant, office, hotel, commercial and
medium and high density residential uses. The proposed use is consistent with the
community character of the immediate neighborhood and existing uses within the
Aventura Mall.
4. Utilities, roadway capacity, drainage and other necessary public facilities, including
police, fire and emergency services shall exist at the City's adopted levels of service
or will be available concurrent with demand as provided for in the requirement of
these LDR's.
The Aventura Mall is developed, with the expansion area approved and under
construction. The proposed use will not change the current levels of service required.
Utilities, roadway capacity, drainage and other necessary public facilities, including
5
police, fire and emergency services exist at the City's adopted levels of service or will
be available concurrent with demand as provided for in the City's Land Development
Regulations.
5. Adequate measures exist or shall be taken to provide ingress and egress to the
proposed use in a manner that minimizes traffic congestion in the public streets.
The proposed use is located within the Aventura Mall expansion area. Adequate
measures have been taken to provide ingress and egress to the proposed use in a
manner that minimizes traffic congestion in the public streets. Ingress and egress to
the Aventura Mall exist on Biscayne Boulevard, Aventura Boulevard, West Country
Club Drive and NE 29 Avenue.
6. The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district.
The establishment of this use will not impede the development of surrounding
properties for uses permitted in the zoning district.
7. The design of the proposed use shall minimize adverse effects, including visual
impacts of the proposed use on adjacent property through the use of building
orientation, setbacks, buffers, landscaping and other design criteria.
The restaurant is located on the ground floor of the Aventura Mall expansion. It
will have no visual or other adverse effects on adjacent property. The Aventura
Mall expansion is providing required setbacks, buffers, landscaping and other
design criteria approved by the City.
s
a GUNSTER
Writer's Direct Dial Number:(954)468-1391
Writer's E-Mail Address:hdavis@gunster.com
December 14,2018
..f
Ci TY OF AvtN 1 Ur,A
VIA HAND DELIVERY
DEC 1 4 2018
Ms. Joanne Can
Community Development Director
City of Aventura
19200 W. Country Club Drive
Aventura, Florida 33180
Re: Letter of Intent for a Conditional Use Permit for International Smoke in
Aventura Mall, 19501 Biscayne Boulevard, Unit#946,Aventura,Florida
Dear Joanne:
We represent MG-19501 Biscayne LLC (the "Applicant"), a tenant in the new restaurant
section of the Aventura Mall located at 19501 Biscayne Boulevard, Unit #946, Aventura, Florida
(the "Property"). The Applicant is leasing the Property for a new restaurant concept —
' International Smoke, and is submitting a Conditional Use permit application pursuant to
Aventura Code of Ordinances ("Code") Section 4-2, due to the distance requirement between
alcoholic beverage establishments.
International Smoke is part of The Mina Group, an international restaurant management
company specializing in creating and operating upscale, innovative restaurant concepts, led by
Founder and James Beard award-winning Chef Michael Mina. The Mina Group currently
manages more than 30 concepts around the world. International Smoke is a culinary
collaboration between Ayesha Curry and Chef Mina, and is coming to Aventura Mall's newly
expanded restaurant and entertainment section. The inspiration behind the concept came from
the chefs' discovery that the word `Barbecue" has different culinary interpretations
internationally, which influenced the concept and menu. Between Ayesha and Michael's
personal heritages and culinary experiences from traveling around the world, the menu focuses
on many different styles of cooking using smoke and fire. At International Smoke, the special
feeling reminiscent of a backyard barbecue will be re-created, where you get to experience a
variety of different flavors and cultures with family and friends.
The Property is located within the B2 Community Business zoning district, which
permitted uses include restaurants, and is designated Business and Office on the City's Future
Land Use Map. The City requires a conditional use permit for an establishment serving
alcoholic beverages if is within 1,500 feet of another establishment serving alcoholic beverages,
unless it meets an exception. Although International Smoke will have a cocktail lounge and the
Exhibit 1
01-CU-19
Las Olas Cencre 450 East Las Olas Boulevard Suite 1400 Fort Lauderoale.FL 33301 p 954-462-2000 f 954-523-1/22 GUNSTER.COM
Boca Paton I Fort Lauderdale I Jacksonville I Miami I Orlando I Palm Beach I Stuart I Tallahassee
Tampa I The Florda Keys I Vero Reach I West Palm Beach.. Winter Park
Ms. Joanne Ca • •
Can:
December 14, 2018
Page 2
restaurant occupies more than 4,000 square feet of floor space, the restaurant does not have the
interior accommodations to serve 200 or more patrons at tables, and therefore, it does not satisfy
an exception and a conditional use is required.
The Applicant's proposed operation of International Smoke satisfies the Conditional Use
criteria set forth in Code Section 31-73(c) as follows:
(1) The proposed use shall be consistent with the Comprehensive Plan.
The proposed use as a restaurant with a cocktail bar is a permitted commercial use
within the B2 zoning district and consistent with the permitted commercial uses set
forth within the Business and Office land use designation of the Comprehensive Plan.
(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 restaurant and the maintenance and operation of the use will not he detrimental to
or endanger the public health, safety, or general welfare. International Smoke will be
located in the new restaurant and entertainment section of the Aventura Mall, an area
specifically designated for such use. The restaurant and cocktail lounge will be
within 1,500 feet of another restaurant with a cocktail lounge, but it will have no
adverse impact nor endanger the public health, safety or general welfare. International
Smoke is an upscale, innovative restaurant concept with celebrity and award-winning
chefs, which will not create an adverse effect or endanger the public.
(3) The proposed use shall be consistent with the community character of the
immediate neighborhood of the proposed use.
International Smoke is to be located within the expansion area of the Aventura Mall,
which area will contain numerous restaurants and cocktail lounges to create an
entertainment destination area. International Smoke will be consistent with the
community character of the Mall area and immediate neighborhood, as all of the
surrounding uses are commercial, retail or office.
(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.
International Smoke is leasing interior space from Aventura Mall. As part of the Mall
expansion, utilities, roadway capacity, drainage and other public facilities were taken
into consideration for concurrency. 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.
Gunster, Yoakley& Stewart, P.A.
ATTORNEYS AT LAW
Ms. Joanne Can • •
December 14, 2018
Page 3
(5) Adequate measures exist or shall be taken to provide ingress and egress to the
proposed use in a manner that minimizes traffic congestion in the public streets.
The restaurant is located within the Aventura Mall and all ingress and egress is
though the Mall entrances and access points. The Mall and entrance to the restaurant
has convenient access via surrounding roadways including Biscayne Boulevard,
Country Club Drive, Aventura Boulevard and William Lehman Causeway. The
restaurant is located on the back side(East Side) of the Aventura Mall, so patrons will
be routed to this area, minimizing traffic congestion along Biscayne Boulevard.
(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 the conditional use for International Smoke will not impede the
development of surrounding properties. To the contrary, the addition of International
Smoke and the restaurant and entertainment area of the Aventura Mall will encourage
development of surrounding properties. The live, work, shop and eat concept with all
of these uses in close proximity, will encourage, not impede development.
(7) The design of the proposed use shall minimize adverse effects, including visual
impacts, or the proposed use on adjacent property through the use of building
orientation, setbacks,buffers, landscaping and other design criteria.
International Smoke is located within a leased space in the Aventura Mall and
therefore, there will be no adverse effects as a result of the approval of the conditional
use. The restaurant is undergoing an internal buildout, a beautifully designed
contemporary space, as shown on the renderings included with this Application.
There will be no adverse visual impacts on adjacent properties.
Should you require additional information or have any questions with regard to the
foregoing, please do not hesitate to contact me at 954-468-1391.
Sincerely,
Heidi Davis Knapik
Enclosure
cc: Jessica Lee, Esquire (via email)
Kristin Imose (via email)
ElL ACTIVE 5235801.2
Gunster, Yoakley & Stewart, P.A.
ATTORNEYS AT LAW
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Exhibit 2
01-CU-19
Opinion of Title
Page 25
Exhibit 3
01-CU-19
Land
The Land referred to herein below is situated in the County of Miami-Dade, State
of Florida, and is described as follows:
PARCEL 1
Tract "R", of AVENTURA SIXTH ADDITION, according to the plat thereof, as recorded
in Plat Book 120, Page 20, of the Public Records of Miami-Dade County, Florida.
PARCEL 2
A portion of Tract "Q", of AVENTURA SIXTH ADDITION, according to the plat thereof,
as recorded in Plat Book 120, Page 20, of the Public Records of Miami-Dade County,
Florida, described as follows:
Commence at the Northwest corner of Section 3, Township 52 South, Range 42 East,
Miami-Dade County, Florida; thence North 87°27'29" East, along the North line of said
Section 3 for 875.83 feet to a point on the centerline of Aventura Boulevard as shown
on said plat of"Aventura Sixth Addition"; thence South 02°32'31" East for 73.00 feet to
a point on the North line of said Tract "Q"; thence South 87°27'29" West, along the
North line of said Tract "Q" for 12.60 feet to a point of curvature; thence Southwesterly
and Southeasterly along the arc of said curve to the left having a radius of 50.00 feet
and a central angle of 89°35'24" for an arc distance of 78.18 feet to the point of
tangency being on the Westerly line of Tract "H" of"Aventura Fourth Addition",
according to the plat thereof, recorded in Plat Book 116, Page 34, of the Public Records
of Miami-Dade County, Florida; thence South 02°07'55" East along the Westerly line of
said Tract"H" for 423.52 feet; thence North 87°52'05" East for 26.00 feet to the POINT
OF BEGINNING of the following described tract of land; thence North 87°52'05" East
for 148.00 feet; thence North 42°52'05" East for 56.57 feet; thence North 02°07'55"
West for 31.63 feet to a point of curvature; thence Northeasterly along the arc of said
curve to the right having a radius of 325.00 feet and a central angle of 72°28'48.8" for
an arc distance of 411.13 feet to the point of tangency; thence North 70°20'53.8" East
for 122.00 feet; thence North 25°20'53.8" East for 58.66 feet; thence North 25°53'40"
West for 94.96 feet to a point on the North line of said Tract "0", said point also being
on the arc of a circular curve concave to the Northwest and bears South 21°1921" East
from the center of said curve; thence Northeasterly along the arc of said curve to the
left, and along the Northerly line of said Tract "0", having a radius of 1505.40 feet and a
central angle of 04°34'19" for an arc distance of 120.12 feet; thence South 25°53'40"
280861v2
Opinion of Title
Page 26
East for 117.40 feet to a point on the arc of a circular curve concave to the Southeast
and bears North 46°09'58" West from the center of said curve; thence Northeasterly
and Southeasterly along the arc of said circular curve to the right having a radius of
500.00 feet and a central angle of 65°24'26"for an arc distance of 570.78 feet to a
point of reverse curvature; thence Southeasterly along the arc of said curve to the left
having a radius of 125.00 feet and a central angle of 23°10'58" for an arc distance of
50.58 feet; thence South 13°08'55" East for 10.62 feet; thence North 76°51'05" East for
342.85 feet to a point on the arc of a circular curve concave to the Northeast, said point
bears South 81°39'40" West from the center of said curve; thence Southeasterly along
the arc of said curve to the left having a radius of 810.00 feet and a central angle of
04°48'35" for an arc distance of 68.00 feet to the point of tangency; thence South
13°08'55" East for 469.40 feet; thence North 87°19'28" East for 111.00 feet (the last
eight (8) courses being along the boundary of said Tract "Q"); thence South 02°40'32"
East for 42.00 feet; thence North 87°19'28" East for 123.00 feet; thence South
02°40'32" East for 20.00 feet; thence North 87°1928" East for 74.00 feet; thence South
02°40'32" East for 639.08 feet; thence North 86°44'34" East for 42.00 feet; thence
South 02°40'32" East for 116.48 feet; thence North 81°1129" East for 294.34 feet to a
point on the arc of a circular curve concave to the Northeast, said point bears South
81°11'29" West from the center of said curve, said point also being on the East line of
said Tract "R", as shown on said plat of"Aventura Sixth Addition"; thence Southeasterly
along the arc of said curve to the left and along the East line of said Tract "Q", having
for its elements a radius of 4656.66 feet and a central angle of 6°38'08" for 539.29 feet;
thence North 69°17'55" West for 25.00 feet to a point on the arc of a circular curve
concave to the Northwest, said point bears South 69°18'08" East from the center of
said curve; thence Southeasterly and Southwesterly along the arc of said curve having
a radius of 30.00 feet and a central angle of 64°25'24" for an arc distance of 33.73 feet
to the point of tangency; thence South 85°07'16" West for 87.61 feet to a point of
curvature; thence Southwesterly and Northwesterly along the arc of said curve to the
right having a radius of 30.00 feet and a central angle of 92°56'22" for an arc distance
of 48.66 feet to a point of reverse curvature; thence Northwesterly along the arc of said
curve to the left having a radius of 555.00 feet and a central angle of 24°44'30" for an
arc distance of 239.66 feet; thence South 60°00'00" West for 30.86 feet to a point on
the arc of a circular curve concave to the Northwest, said point bears South 79°1129"
East from the center of said curve; thence Southwesterly along the arc of said curve to
the right having a radius of 135.00 feet and a central angle of 48°00'00" for an arc
distance of 113.10 feet to a point of reverse curvature; thence Southwesterly along the
arc of said curve to the left having a radius of 726.18 feet and a central angle of
29°18'21" for an arc distance of 371.43 feet to the point of tangency; thence South
29°30'00" West for 331.34 feet to a point of curvature; thence Southwesterly along the
arc of said curve to the right having a radius of 110.00 feet and a central angle of
25°00'00" for an arc distance of 48.00 feet; thence South 35°30'00" East radial to the
280861v2
Opinion of Title
Page 27
last described curve for 31.98 feet; thence South 29°58'54" West for 92.90 feet to a
point on the arc of a circular curve concave to the Northwest, said point bears South
07°29'11" West from the center of said curve; thence Southeasterly and Northeasterly
along the arc of said curve to the left having a radius of 555.00 feet and a central angle
of 54°5622" for an arc distance of 532.17 feet to a point of reverse curvature; thence
Northeasterly and Southeasterly along the arc of said curve to the right having a radius
of 35.00 feet and a central angle of 84°24'26" for an arc distance of 51.56 feet to the
point of tangency; thence South 53°02'45" East for 0.31 feet to a point of curvature;
thence Southeasterly along the arc of said curve to the left having a radius of 522.50
feet and a central angle of 27°32'27" for an arc distance of 251.15 feet to a point of
reverse curvature; thence Southeasterly and Southwesterly along the arc of said curve
to the right having a radius of 5.00 feet and a central angle of 125°32'55" for an arc
distance of 10.96 feet; thence South 45°02'32" East for 25.00 feet to a point on the
South line of said Tract "Q", said point also being on the arc of a circular curve concave
to the North and bears South 11°34'12" East from the center of said curve; thence
Southwesterly along the arc of said curve to the right and along the South line of said
Tract "Q" having a radius of 5594.58 feet and a central angle of 04°13'04" for an arc
distance of 411.84 feet; thence South 73°10'52" West along the South line of said Tract
"0" for 193.18 feet to a point on the arc of a circular curve concentric with the last
described curve, said point bears South 05°24'45" East from the center of said curve;
thence Southwesterly along the arc of said curve to the right having a radius of 5629.58
feet and a central angle of 01°0121" for an arc distance of 100.46 feet to a point on the
arc of a circular curve concave to the Northeast, said point bears South 06°00'16" West
from the center of said curve; thence Northwesterly along the arc of said curve to the
right having a radius of 1070.17 feet and a central angle of 27°09'18" for an arc
distance of 507.20 feet to the point of tangency; thence North 56°50'26" West for
488.24 feet to a point of curvature; thence Northwesterly along the arc of said curve to
the left having a radius of 1221.67 feet and a central angle of 23°12'04" for an arc
distance of 494.70 feet; thence North 11°1921" West for 10.69 feet; thence North
09°46'52" East for 73.41 feet to a point on the arc of a circular curve concave to the
Northeast, said point bears South 09°46'52" West from the center of said curve; thence
Northwesterly along the arc of said curve to the right having a radius of 275.00 feet and
a central angle of 78°05'13" for an arc distance of 374.79 feet to the point of tangency;
thence North 02°07'55" West for 200.00 feet; thence North 47°07'55" West for 56.57
feet; thence South 87°52'05" West for 148.00 feet; thence North 02°07'55" West for
90.00 feet; thence North 87°52'05" East for 148.00 feet; thence North 42°52'05" East
for 56.57 feet; thence North 02°07'55" West for 283.37 feet; thence North 47°07'55"
West for 56.57 feet; thence South 87°52'05" West for 148.00 feet; thence North
02°07'55" West for 90.00 feet to the POINT OF BEGINNING.
LESS AND EXCEPT the following parcel of land:
280861v2
Opinion of Title
Page 28
A parcel of land lying in Section 3, Township 52 South, Range 42 East, Miami-Dade
County, Florida, being more particularly described as follows:
Commence at the Northwest corner of Section 3, Township 52 South, Range 42 East,
Miami-Dade County, Florida; thence North 87°2729" East, along the North line of said
Section 3 for 875.83 feet to a point on the centerline of Aventura Boulevard; thence
South 02°32'31" East for 73.00 feet to a point on the Southerly right-of-way line of
Aventura Boulevard; thence South 87°27'29" West along said Southerly right-of-way
line a distance of 12.60 feet to a point; thence 78.18 feet along a curve to the left
having a radius of 50.00 feet and a chord of 70.45 feet bearing South 42°39'47" West
to a point on the Easterly right-of-way line of State Road No. 5 (U.S. Highway No. 1), as
shown on the Plat of"AVENTURA FOURTH ADDITION", as recorded in Plat Book 116,
Page 34, of the Public Records of Miami-Dade County, Florida; thence South 02°07'55"
East along said Easterly right-of-way line for a distance of 1320.72 feet to a point;
thence North 87°52'05" East for a distance of 435.30 feet to the principal point and
place of beginning of the following description; thence North 74°30'00" East for a
distance of 170.36 feet to a point; thence North 15°30'00" West for a distance of 18.00
feet to a point; thence North 74°30'00" East for a distance of 491.43 feet to a point;
thence South 60°30'00" East for a distance of 380.10 feet to a point; thence South
29°30'00" West for a distance of 6.62 feet to a point; thence South 60°30'00" East for a
distance of 94.67 feet to a point; thence South 29°30'00" West for a distance of 78.54
feet to a point; thence South 60°30'00" East for a distance of 31.21 feet to a point;
thence South 15°30'00" East for a distance of 510.00 feet to a point; thence South
74°30'00" West for a distance of 64.02 feet to a point; thence South 25°00'00" West for
a distance of 85.78 feet to a point; thence North 65°00'00 West for a distance of 162.20
feet to a point; thence 320.42 feet along an arc to the right, having a radius of 2250.00
feet and a chord of 320.15 feet and bearing North 60°55'13" West to a point; thence
North 56°50'26" West for a distance of 325.26 feet to a point; thence North 49°47'23.6"
West for a distance of 485.32 feet to the principal point and place of beginning.
FURTHER LESS AND EXCEPT from Parcel 2 the following described lands conveyed
to the State of Florida Department of Transportation by the Special Warranty Deed
recorded in Official Records Book 17502, Page 4216 of the Public Records of Miami-
Dade County, Florida, to wit:
Those portions of Tract "Q", AVENTURA SIXTH ADDITION, according to the plat
thereof, recorded in Plat Book 120, page 20, of the Public Records of Miami-Dade
County, Florida, in the Northwest one-quarter (N.W. %) of Section 3, Township 52
South, Range 42 East, and being more particularly described as follows:
280861v2
Opinion of Title
Page 29
Commence at the Southwest corner of said Tract "Q"; thence along the West line of
said Tract "Q", for th8 following three (3) courses, (1) North 02°07'21" West, a distance
of 29.240 meters (95.93 feet); (2) thence North 01°28'1r East, a distance of 43.775
meters (143.62 feet); (3) North 02°07'21" West, a distance of 82.872 meters (271.89
feet) to Reference Point "A" and the POINT OF BEGINNING; thence continue along
said West line, North 02°07'21" West, a distance of 27.432 meters (90.00 feet); thence
North 87°53'07" East, a distance of 0.457 meters (1.50 feet); thence South 02°07'21"
East, a distance of 27.432 meters (90.00 feet); thence South 87°53'07" West, a
distance of 0.457 meters (1.50 feet) to the POINT OF BEGINNING.
AND
Commence at the aforementioned Reference Point "A"; thence along the West line of
said Tract "Q", for the following five (5) courses, (1) North 02°07'21" West, a distance of
27.432 meters (90.00 feet); (2) thence North 14°48'10" West, a distance of 12.497
meters (41.00 feet); (3) North 02°0721" West, a distance of 15.246 meters (50.02 feet);
(4) thence North 01°50'16" East, a distance of 39.719 meters (130.31 feet); (5) thence
North 02°07'21" West, a distance of 43.721 meters (143.44 feet) to the POINT OF
BEGINNING; thence continue along said West line, North 02°07'21" West, a distance
of 27.432 meters (90.00 feet); thence North 87°53'01" East, a distance of 0.457 meters
(1.50 feet); thence South 02°07'21" East, a distance of 27.432 meters (90.00 feet);
thence South 87°53'01" West, a distance of 0.457 meters (1.50 feet) to the POINT OF
BEGINNING.
PARCEL 2A
The reciprocal and non-exclusive rights, easements and privileges of use, ingress,
egress, parking and for utility and other purposes created and granted as an
appurtenance to Developer's Site (as defined in the Easement and Operating
Agreement hereinafter referred to) of which the above-described Parcel 2 is a part, in
and by that certain Easement and Operating Agreement by and among Sears, Roebuck
and Co. and Aventura Mall Venture dated September 24, 1982 and recorded October
4, 1982 in Official Records Book 11574, Page 2311, as amended in Official Records
Book 18039, Page 4058, as affected by the Assignment and Assumption of Recorded
Agreements and Documents recorded in Official Records Book 29696, Page 1175, of
the Public Records of Miami-Dade County, Florida, in, on over, upon and under certain
adjoining real property therein more particularly described.
PARCEL 3
A portion of TRACT "Q" of"AVENTURA SIXTH ADDITION", according to the Plat
280861v2
Opinion of Title
Page 30
thereof, as recorded in Plat Book 120 at Page 20 of the public records of Miami-Dade
County, Florida, described as follows:
Commence at the S.E. corner of TRACT "R" of said Plat of"AVENTURA SIXTH
ADDITION", said point being on a curve concave to the N.E.; thence along the Westerly
right-of-way line of West Country Club Drive for the following three (3) courses; (1)
thence Southeasterly along the arc of said curve to the left having a radius of 4656.66
feet and a central angle of 6°38'08" for 539.29 feet to a point on said curve and the
POINT OF BEGINNING of the parcel of land hereinafter described; (2) thence continue
Southeasterly along the arc of said curve to the left having a radius of 4656.66 feet and
a central angle of 2°49'41" for 229.85 feet to a point of reverse curvature; (3) thence
Southeasterly along the arc of said curve to the right having a radius of 1275.14 feet
and a central angle of 9°32'14" for 212.25 feet to a point of compound curvature of a
curve to the right; thence Southeasterly, Westerly and Southwesterly along the arc of
said curve to the right having a radius of 50.0 feet and a central angle of 86°09'34" for
75.19 feet to a point of compound curvature of a curve to the right; thence
Southwesterly along the arc of said curve to the right having a radius of 5594 .58 feet
and a central angle of 1°0020" for 98.19 feet to a point; thence North 45°02'32" West
for 25.00 feet to a point on a curve to the left, said point bears South 45°02'32" E from
the center of said curve; thence Northeasterly, Northerly and Northwesterly along the
arc of said curve to the left having a radius of 5.00 feet and a central angle of
125°32'55" for 10.96 feet to a point of compound curvature of a curve to the right;
thence Northwesterly along the arc of said curve to the right having a radius of 522.50
feet and a central angle of 27°3227" for 251.15 feet to a point of tangency; thence
North 53°02145" W for 0.31 feet to a point of curvature of a curve to the left; thence
Northwesterly, Westerly and Southwesterly along the arc of said curve to the left having
a radius of 35.00 feet and a central angle of 84°24'26" for 51.56 feet to a point of
reverse curvature; thence Southwesterly along the arc of said curve to the right having
a radius of 555.0 feet and a central angle of 54°56'22" for 532.17 feet to a point on said
curve, said point bears South 7°29'11" West from the center of said curve; thence North
29°58'54" East for 92.90 feet; thence North 35°30'00" West for 31.98 feet to a point on
a curve to the left; thence Northeasterly along the arc of said curve to the left having a
radius of 110.0 feet and a central angle of 25°00'00" for 48.00 feet to a point of
tangency; thence North 29030100" East for 331.34 feet to a point of curvature of a curve
to the right; thence Northeasterly along the arc of said curve to the right having a radius
of 726.18 feet and a central angle of 29°18'21"for 371.43 feet to a point of reverse
curvature of a curve to the left; thence Northeasterly along the arc of said curve to the
left having a radius of 135.0 feet and a central angle of 48°00'00" for 113.10 feet to a
point on said curve; thence North 60°00100" East for 30.86 feet to a point on a curve to
the right, said point bears North 63°19'08" East from the center of said curve; thence
Southeasterly along the arc of said curve to the right having a radius of 555.0 feet and a
280851v2
Opinion of Title
Page 31
central angle of 24°44'30" for 239.66 feet to a point of reverse curvature of a curve to
the left; thence Southeasterly, Easterly and Northeasterly along the arc of said curve to
the left having a radius of 30.0 feet and a central angle of 92°5622" for 48.66 feet to a
point of tangency; thence North 85°07'16" East for 87.61 feet to a point of curvature of
a curve to the left; thence along the arc of said curve to the left having a radius of 30.0
feet and a central angle of 64°25'24" for 33.73 feet to a point on said curve; thence
South 69°17'55" East for 25.0 feet to the POINT OF BEGINNING.
PARCEL 4
A portion of Tract "Q" of AVENTURA SIXTH ADDITION, according to the plat thereof,
recorded in Plat Book 120, Page 20, Public Records of Miami-Dade County, Florida,
described as follows:
Commence at the Southwest corner of Tract "R" of said Plat of AVENTURA SIXTH
ADDITION, according to the plat thereof, recorded in Plat Book 120, Page 20, of the
Public Records of Miami-Dade County, Florida; thence North 02°40'32" West, along the
West boundary line of said Tract "R" and along the Boundary line of said Tract "Q", for
116.48 feet to the POINT OF BEGINNING of the hereinafter described property; thence
continue North 02°40'32" West, along the previously described line of 700.65 feet;
thence South 87°1928" West, along the boundary line of said Tract "Q", for 239.00
feet; thence South 02°40'32" East for 42.00 feet; thence North 87°19'28" East for
123.00 feet; thence South 02°40'32" East for 20.00 feet; thence North 87°1928" East
for 74.00 feet; thence South 02°40'32" East, along a line 42.00 feet west of and parallel
with the West line of said Tract "R", for 639.08 feet; thence North 86°44'34" East for
42.00 feet to the POINT OF BEGINNING.
LESS AND EXCEPT THEREFROM:
A portion of Tracts "R" and "Q", AVENTURA SIXTH ADDITION, according to the plat
thereof, as recorded in Plat Book 120 at Page 20 of the Public Records of Miami-Dade
County, Florida, and being more particularly described as follows:
Begin at the Northeast corner of said TRACT "R" of AVENTURA SIXTH ADDITION,
being a point on the Westerly right of way line of West Country Club Drive; thence
S02°40'32"E along said West right of way line and East line of said Tract "R", for
370.65 feet to a point on a circular curve concave to the East; thence Southeasterly
along said West right of way line and East line of said Tract "R" being along a radius of
4656.66 feet leading to the left through a central angle of 3°26'04" for an arc distance of
279.13 feet to a point on a circular curve concave to the Northwest and whose radius
point bears N40°1116"W; thence Southwesterly along a 50.00 foot radius curve leading
280861v2
Opinion of Title
Page 32
to the right through a central angle of 15°46'57" for an arc distance of 13.77 feet to a
point of tangency; thence 565°35'41"W for 66.02 feet to a point of curvature concave to
the North; thence Westerly and Northwesterly along a 134.00 foot radius curve leading
to the right through a central angle of 91°46'50" for an arc distance of 214.65 feet to a
point of tangency; thence N22°43'25"W for 111.22 feet to a point of curvature concave
to the Southwest; thence Northwesterly along a 1583.54 foot radius curve leading to the
left through a central angle of 600812" for an arc distance of 169.61 feet to a point of
compound curvature concave to the Southwest; thence Northwesterly along a 268.15
foot radius curve leading to the left through a central angle of 34°26'47" for an arc
distance of 161.21 feet to a point of non-tangency; thence N69°35'30"W for 67.25 feet;
thence N64°35'06"W for 34.73 feet to a point on a circular curve concave to the
Southeast and whose radial point bears S55°52'26"E; thence Northeasterly and
Easterly along a 41.71 foot radius curve leading to the right through a central angle of
53°05'09" for an arc distance of 38.65 feet to a point of tangency; thence N87°09'18"E
for 11.16 feet; thence NO2°15140"W for 19.39 feet; thence N87°19'28"E for 236.16 feet
to a point on the West line of said Tract "R"; thence NO2°40'32"W along said West line
for 147.46 feet to the Northwest corner of said Tract "R"; thence N87°19'28"E along the
North line of said Tract "R" for 266.00 feet to the Point of Beginning.
AND FURTHER LESS AND EXCEPT FROM PARCELS 1, 2 AND 4: The following
described lands conveyed to the City of Aventura, a Florida municipal corporation by
the Right-Of-Way Deed recorded in Official Records Book 29907, Page 4420 of the
Public Records of Miami-Dade County, Florida, to wit:
A portion of Tract "Q", Aventura Sixth Addition, according to the plat thereof as
recorded in Plat Book 120, Page 20, of the Public Records of Miami-Dade County,
Florida, described as follows:
Commence at the Northeast corner of Tract "G", Aventura Second Addition, according
to the plat thereof as recorded in Plat Book 99, Page 21, of said public records, said
Northeast corner lying on the arc of a circular curve concave Southerly from which the
radius points bears South 08°51'55" East; thence Southwesterly along the arc of said
curve also being the North boundary of said Tract "G" and the South Right of way Line
of Aventura Boulevard (N.E. 199th Street), having a radius of 3746.72 feet, through a
central angel of 06°33'19", for an arc distance of 428.66 feet to a point lying along the
arc of a circular curve concave Westerly from which the radius point bears South
87°01'49" West, thence Southerly along the arc of said curve having a radius of 414.45
feet, through a central angle of 12°10'25", for an arc distance of 88.06 feet to a point of
reverse curvature of a circular curve concave Easterly, thence Southerly along the arc
of said curve having a radius of 810.00 through a central angle of 17°32'34" for an arc
distance of 248.01 feet to the POINT OF BEGINNING, said Point of Beginning being a
280861v2
Opinion of Title
Page 33
Westerly corner of said Tract "G" and the Northernmost Northeast corner of said Tract
"Q" from which the radius point of the next described curve bears North 81°39'40" East,
the last two (2) described curves lying along the East boundary of that certain Parcel D
for vehicular traffic as described in Official Records Book 9583, Page 314 of said public
records and along the East boundary of that certain ingress/egress easement (Strip No.
2) as described in Official Records Book 8841, Page 715, of said Public Records;
thence Southerly along the arc of said curve having a radius of 810.00 feet; through a
central angel of 04°48'36", for an arc distance of 68.00 feet to a point of tangency;
thence South 13°08'55" East, a distance of 11.26 feet, the last two (2) described
courses lying along the East boundary of said Tract "Q" and the West boundary of said
Tract "G" and the East boundary of that certain ingress/egress easement (Strip No. 1)
as described in Official Records Book 8841, page 715 of said public records; thence
South 11°43'49" West, a distance of 42.42 feet to a point of curvature of a circular
curve concave Northwesterly; thence Southwesterly along the arc of said curve having
a radius of 218.50 through a central angel of 14°48'37", for an arc distance of 56.48
feet; thence South 63°27'34" East along a line radial to the last and next described
curve, a distance of 5.08 feet to a point on the arc of a circular curve concave
Northwesterly; thence Southwesterly along the arc of said curve having a radius of
223.68 feet, through a central angle of 01°33'50", for an arc distance of 6.10 feet;
thence North 61°53'44" West along a line radial to the last and next describe curve, a
distance of 5.08 feet to a point on the arc of a circular curve concave Northwesterly;
thence Southwesterly along the arc of said curve having a radios of 218.50 feet,
through a central angle of 18°5729", for an arc distance of 72.30 feet to a point of
tangency; thence South 47°03'45" West, a distance of 15.75 feet; thence North
42°56'15" West, a distance of 4.76 feet; thence Southwesterly, Southerly and
Southeasterly along the arc of said curve having a radius of 30.00 feet, through a
central angle of 91°0324", for an arc distance of 47.68 feet; thence South 46°00'21"
West along a line radial to the last described curve, a distance of 6.53 feet; thence
North 42°33'42" West, a distance of 110.83 feet to a point of curvature of a circular
curve concave Northeasterly; thence Northwesterly along the arc of said curve having a
radius of 11.00 feet, through a central angle of 44°4227", for an arc distance of 8.58
feet; thence South 73°56'49" East, a distance of 8.46 feet to a point of curvature of a
circular curve concave Northerly; thence Easterly and Northeasterly along the arc of
said curve having a radius of 28.80 feet, through a central angle of 53°47'29", for an arc
distance of 27.04 feet to a point of Compound curvature of a circular curve concave
Northwesterly; thence Northeasterly along the arc of said curve having a radius of
302.00 feet, through a central angle of 02°1729" for an arc distance of 12.08 feet;
thence North 40°00'47" west along a line radial to the last and next described curve, a
distance of 6.50 feet to a point on the arc of a circular curve concave Northwesterly;
thence Northeasterly along the arc of said curve having a radius of 295.50, through a
central angle of 01°09'46", for an arc distance of 6.00 feet; thence South 41°10'32" east
280061v2
Opinion of Title
Page 34
along a line radial to the last and next described curve, a distance of 6.50 feet to a point
on the arc of a circular curve concave Northwesterly; thence Northeasterly along the arc
of said curve having a radius of 302.00 feet, through a central angle of 06°56'41", for an
arc distance of 36.61 feet to a point of compound curvature of a circular curve concave
Northwesterly; thence Northeasterly along the arc of said curve having a radius of
157.50 feet, through a central angle of 16°41'22", for an arc distance of 45.88 feet;
thence North 64°48'35" West along a line radial to the last and next described curve, a
distance of 6.60 feet to a point on the arc of a circular curve concave Northwesterly;
thence Northeasterly along the arc of said curve having a radius of 150.90 feet through
a central angel of 02°19'05" for an arc distance of 6.11 feet; thence South 67°07'40"
east along a line radial to the last and next described curve, a distance of 6.00 feet to a
point on the arc of circular curve concave Northwesterly; thence Northeasterly along the
arc of said curve having a radius of 156.90 feet. Through a central angle of 11°11'00"
for an arc distance of 30.63 feet to a point of tangency; thence North 11°4120" East, a
distance of 46.51 feet to a point of curvature of a circular curve concave Westerly;
thence Northerly along the arc of said curve having a radius of 139.50 feet, through a
central angle of 15°19'15", for an arc distance of 37.30 feet; thence South 86°22'05"
West along a line radial to the last and next described curve, a distance of 4.00 feet to
a point on the arc of a circular curve concave Westerly; thence Northerly along the arc
of said curve having a radius of 135.50 feet, through a central angle of 02°32'13", for an
arc distance of 6.00 feet, thence North 83°49'52" East along a line radial to the last and
next described curve, a distance of 4.00 feet to a point on the arc of a circular curve
concave Westerly; thence Northerly along the arc of said curve having a radius of
139.50 feet, through a central angle of 01°29'44", for an arc distance of 3.64; thence
North 76°51'05" East along the North Boundary of said Tract "0" and the Northernmost
South Boundary of said Tract "G", a distance of 47.73 feet to the POINT OF
BEGINNING.
PARCEL5
Non-exclusive easements for vehicular and pedestrian passageway created by and
more particularly described in the instrument entitled Parking Easement and Covenant
Running with the Title to Land between Aventura Mall Corporation and Donarl of
Florida, Inc. recorded in Official Records Book 8819, Page 106 and the Declaration,
Covenant and Reciprocal Easement Agreement recorded in Official Records Book
8841, Page 715, as amended by the instruments recorded in Official Records Book
9002, Page 840, Official Records Book 11499, Page 714, Official Records Book 11499,
Page 731, Official Records Book 15453, Page 2761 and Official Records Book 15467,
Page 325, excluding that portion of said easements which lies within Parcels 1, 2 or 4
described above.
280861v2
Opinion of Title
Page 35
PARCEL 6
Together with the Non-exclusive Easements for the benefit of Parcels 1 through 4
above for ingress and egress for pedestrian and vehicular access, drainage, utility,
construction, encroachment and maintenance purposes created by and more
particularly described in the Declaration of Easements and Operating Agreement for
Aventura Mall recorded in Official Records Book 28917, page 4465, of the public
records of Miami-Dade County, Florida.
280861v2
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144
NOTE.THIS SKETCH AND DESCRIPTION DOES NOT REPRESENT A BOUNDARY SURVEY
BBIESICLAMBEEL
nlNau.r 1�c^'an ✓11� PROF[SS,OHN.SURVEYING MVO MAPPING
: SPECIFIC PURPOSE SURVEY CANNES&GARC/A,INC.
`$ di!l i�.- CB.2096
° _I/ FRANCISCO F.FAJARDO PSM 11161(OVAUIER)
m.Nw • — ?,OISW VII AVENUE
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■
■ SURVEY RIMIER 267300
f
APPLICANT REPRESENTATIVE AFFIDAVIT
Pursuant to Section 31.71(b)(2)(0 of the City of Aventura-and Development Code this Applicant Representative Affidavit is hereby made and
submeed. The undersigned authonzed representative of the individual or entity applying for the Development Perrot,which hs identified in the accompanying
applicALion,and the ovmer cf the property subject tome applicallon IA different)hereby Isis and identifies ant persons representing the individual or entity
applying for the Devebpnent Permit n connection Mtf the application,as follows
Name Relationship pe Artomeys.Archeects.Landscape
Architects Ergmeexrs.,,,L,,,o��-bbyists.Etc
viri
TGSCYCA Lee , E Applicant Representative,asiGdp MG-19501 Biscayne,LLC
Heidi Davis Knapik,Esy Attorney,Gunster,Yoakley and Stewart,P.A
IIA-QY ‘,24:14i I Dr Surveyor,Vice President of i.annes and Garcia,Inc
ArvthM1 Aidory! Ai /i Tho Past
(Attach Additional Sheets If Necessary)
NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT
SHALL 8E BINDING UPON THE IICVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF
THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ME ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT
PURSUANT TO SEC.31-71(B)(2)0VI OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE.IN THE EVENT
THAT PROR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION. THE INFORMATION
PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR/ INCOMPLETE..)
WITNESS MY RAND THIS 7 OAV OF JCCe orlbo( _ 200
AUTHORIZED Bo;TATI OF APPLICANT OWNER
mor / Not applicable
--// (Siyuime) (Sgnatue)
Name: 2:4AC/ a Q _ Name
Pro) (Po()
TiVe.. - of MG-19501 Biscayne,LLC TtIe:
Address'. 244 California Street,Suite 400 _ Address:
San Francisco,CA 94111
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me the undersigned authority personally appeared as the authorized representative of the
Applicant and/or the owner of the properly subject to the application. who being first by me duly swam did swear or affirm That ne/she
executed this Affidavit for the purposes stated therein and that it is True and mrrect
AFF ANT
SWORN TO AND SUBSCRIBED BEFORE ME this _day of _ 20C_
Notary Public State of Ronda Al Large
Pnnled Name of Notary
My commission expires _._.. _
CALIFORNIA JURAT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document, to which this certificate is attached,and not the truthfulness, accuracy, or validity of that
document.
STATE OF CALIFORNIA�r77nn
COUNTY OF gi4n/P=v<r3r La.0 ) T -yT,,
Subscribed and sworn to (or affirmed)before me on this e Y" day of Prear..h4 'Z,/87"7
Date Month Year
by "T“sr
Name of Signers
proved tome on the basis of satisfactory evidence to be the person(s) who appeared before eirge " E ;.ti Fvaracl
���. ANT Of 2238'20
Signature: *di , ^ HAbc sro OUNTY DD
Signal-le of Naary •i °c' ALiroMNIAZ
1VIa` ,XPHES "
Seal
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent
attachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s)Other Than Named Above:
BUSINESS RELATIONSHIP AFFIDAVIT'
This Affidavit is made pursuant to Section 31-11(b)(2)(10 of the City of Avenlura Laid Development Code. The undersigned Aiani hereby discloses that.
(mak won"x''aapplicable portions only)
p(t
Affiant Ones not have a Business Re'aticrshi0 wiII arty member d the Gly Commission or any Cly Advisory Board t0 winch
the application will be presented
2 Affiant hereby totes Mat it does have a Business Relationship with a member of the City Commssan or a City Advsay
Board to which the application will be present as follows
(Lst lame of Commissioner or Advsory Board Memberi who serves on he
(List City Commission or City Advisory Board upon wh¢h member serves)
The nature of the Business Retaionshw is as bows
if- Member of Cay Canrnsson a Bead(lads an ownership interest in excess of 1%of total assets or cepa stock
of Applicant or Reoresentarv:.
I1i Member of City Commssim or Boal s a partner. co-shareholder las to shwa of a corporamn which ate not
fisted on any national or regional Ma exchange) a pini venturer with Me Applicant or Representative r any
bisiiness venture
The Applicant a Representative s a Client W a member of the Oily Comnxssan or Board or a Client of anomer
professional waking from the sane office or for the sane employer as the member of the Oily Commission a
Board.
A City Commissioner or Bond rerme s a Client of the Applicant or Representative.
j 1 v The Applicant or Representative is a easterner of!rte member of the City Comnnssien or Board for of nis or nes
employer}art transacts more that SOD )00 of the Dueness of the member of the City Commission or Board(a
his or her employer)in a given calendar year.
(1 yr The member of the Cay Cants= or Board s a Customer of the Apwent or Representative and transacts
more than 525.x030 of Ne Pueness of the Aopl:card oraRepresentative 11 a given caender year
WITNESS MY HAND THIS 7 DAY OF ALP WliJc 20C 1
APPLICANT7_,...— .
By 'Spnanae
Name ( S.1 -• a (Pant)
Tito Au�.nppl�fy enol NIC-10501 II tscaYnc-It.rPrfit
)I
WITNESS MY THS DAY OF 2W
PROPERTY OWNER
By sScrnatwei
Name. iPnnl)
'ole P,rrnli
'The teems 'Btsmess Relationship. ' Client Customer 'App/icant 'Represerretme"and "Interested Pocvon are definer/m
Section L 395 of the Aventura City Code
WITNESS MY HAND THIS 7 DAY OF ,i 1 (II //Wow-- 2001 S"
REPRESEi • I (Listed cc Business Relationship Affidavit)
BY- ( S i gnamrel By ((Signature/
Name. c Jei[T pet ! e_ IPrmp Name _ (Print,
Tae Applicant Representative: (Pima T lie. _(Pimm/
nt.NL-19501 9r civne,I I C
By. /Sig aturei By (Signature
Name _([tint; Name ?Pryer
Title. (Pont; Title (Point)
By _ /Signature) By ISgnature
Name. _(Pant, Name _ /Dori/
Title (Pimm) Tde _(Print
By. (Signature' By (Signature
Title'. _ (Prim Tale. Pawl
Tee /Print) Tile (Prmb
By iiSgnaNrei By — (Signature
Tile _ (Pim) Tale (Print/
Title (Rail) Title (Pnn,
By — (Seaway, By ISgnature
TNe. mem(/ TOe _-feint)
Title (Prmb Title (Print,
NOTE. 1) Use duplicate sheets if disclosure in(amation for Representative varies
2I Applicants and Affiants are ads ised to timels supplement This Affidavit pursuant to Sec. o;l-'1bu 2itn) of
the Cin's Land Development Regulations in the City Code, m the event that prior to consideration of the
application by the City Board or Commission. the rntcrmation pros riled In the Affidavit becomes incorrect or
incomplete.
NOTARIZATION PROVISION
STATE OF FLORIDA I
COUNPl OF MIAMI-DADEI
Before me,me undersigned aumolVy pesmay aopeare0 the Afiam,who hemp first by me July swanid swear or arm that hems
eaec,Iec'ms Affidavit for me purposes staled m%en and that 1 a rue and correct.
AFFIANT
SWORN MI)AND SUBSCRIBED helve me;Ns day or _ 200.
See Attached
CA Notarial Verbiage for: Nwn Puhd Slate of Fiords At age
Kyle Devin Eisenberg
Notary Commission 42238120 Rented Name d NOlay
Mymmeacc eApats
STATE OF FLORIDA I
COUNTY OF MLAM-DADE)
Bebe meme undersigned aatw Ay.personally appeared the Affiant woo tang first by me duly swan ad sues a affirm that hasbe
stewed mos ARdaat b the gaposesstated herein and mat 1a bue end mnedt.
AGFIANT
SWORN TO ANDCA NcstdtSCRIBEDbememaed day or_ Bp_
See Abettach
:Una! VerLba 'y Pubic SlendFmmA,ray°
N td yule Devin Eisen berg montes wmedakwr
nils L,
¢2x38 NN mom's"' Wan
j'AOF FLORIDA 1
COUNTA Of MIAMbDADF
Bebe me,the undesgned wormy personally appeared Lee Atbanr erne bang nrst dy me duh swandel swear or afR that ne,she
eneolted anis Adana for the purposes SIMM'wean and Mal I n m,e era:area
rr•�rrbbhhn of _
AFFANT
SWORN romoit"reiRppsvVer ..iadedryESC_
gfor:
kyle Devin Eisenberg -
Notary Commission #2238120 many Public Stare ofFbnda Al Large
Polled Name of Notary
My commavm dove.
SeAre OF LORA I
COUNTY OF MIAMCI DADEi
Bebe methe undersgned aummypersonally appeareo me WWI fano being•.rs1 oy me duh Swan did swear or affirm that nave
nerved 11.s Alydwnl for me purymRs staled meren and mal A 5 hie and fared
AFFIAN'
SWORN IC ANO SUBSCRIBED bete me as day of _200_
Notary Public Staled Fdnda Al Large
anted Nam of Notary
Mn Caramssrar Ames
CALIFORNIA JURAT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that
document.
STATE OF CALIFORNIA
COUNTY OF ATV PPP,'W/� }
Subscribed and sworn to (or affirmed) before me on this `?' day of Q
Date Month Year
by Jfi4C(Cfl(-'is
Nome of Signers _.
proved to me on the basis of satisfactory evidence to be the person(s)who appeared before me.
/Jjjjial4i
Signature: ,� �� i Z rvi 40.5,2„.p
Sign/'1 e of Notary Public
mAZ
NIM,I 0v2, EXPIRES
MAY E. 200 22
Seal
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent
attachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
BUSINESS RELATIONSHIP AFFIDAVIT"
This Affidavit is made pursuant to Section 31.71(b)(2)(ii)of the City of Avenlra Laid Development Code. The undersigned Affiant hereby discloses that:
(mark with'x applicable portions only)
M'. Affiant does lot have a Business Relationship with any member of the City Commission or any City Advisory Board to which
Ihe application will be presented.
O 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 Ihe 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.
If 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;
O 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 slack 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.
O iv. A City Commissioner or Board member is a Client of the Applicant or Representative:
[1v. 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
hs or ha employer)in a given calendar year,
O vi. The member of the Cily Commission or Board is a Customer of the Applicant or Representative and transacts
more men$25,000.00 of the business of
af the ApplHt or Representative n a given calendar year.
WITNESS MY HAND THIS IL DAY OF DTP.fil (i20ft8
APPU�
By ei�Davrs Knapik dint)
Neme'.
Thle Attorney for MG-19501 Biscayne,LLCIPM1)
WITNESS MY HAND THIS DAY OF _._,200_.
PROPERTY OWNER:
By; (Signature)
Name. (Pali)
Title._ ,Primp
"The terms "Business Relationship." "Client" "Customer," Applicant," "Representative"and "Interested Person"are defined in
Section 2-395 of the Avenlura Cly Code.
WITNESS MY HAND THIS-}QDAY OF ''kart ,2046
REP E$fNTATl :(Listed on Business Relationship Affidavit)
gY._ /J (Sgnature) BY _. (Snature
Name. Heidi Davis Knapik (Pori( Name: (Print)
Title: Attorney for (Pint) The.._ (Pont)
MG-19501 Biscayne,LLC
By: (Signature) By:_ (Signature
Name:_ (Punt) Name: (Pine)
Title: )Prat) Title:_ (Pint)
By: _ (Signature) By. (Signature
Name: _(Pint) Name (Print)
Title' ,,(Pant) The: (Print)
By: (Sgnature) By: _ (Signature
The: (Print) Title: (Print)
The: (Prim) Title:_ _. (Print)
By: _ (Signature) By: (Signature
Title: _(Piing Title: (Pant)
Title. (Print) Title: (Pont)
By: (Signature) By: (Signature
The: (Pint) Title: (Print)
Title. (Pang 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 )
COUNTY OF MIAMI-DADE)
Before me,me untlasigned ahmaity,pnsonavy appeared Heidi Davis Knap1k the Affiant who being first by me duly sworn,dig swear or affirm that rreene
Hearted this Affidavit la the purposes stated Wein and that it s true and correct. I/�`//M/.
�� NT
SWOANDSUBSCBIBED PeNremePs.1 4s I �LA AF A20b
�NB) _7 /
1 MARIA GABRIEUBADARACCO _ / /�x
Notary Public-State of Florida - --
CommissionrGG05p303 N m,of dAI .qe
"* t' My Com.Expireslan 22.2021
1aaa mBTdNIMouSI'uafpnd HorwyAtm Printed Nate al Notary
My commwsion expires
$RATE OF FLORIDA ) -------.....-_____._...._.......
COUNTY OF AMMIOADE)
Before me.the undersigned authority.personally appeared __.... the Affiant,who being first by me duly swan,did swear or affirm mat he/she
executed this Affidavit b}the purposes mated therein and that A is sire and correct
AFF[ANT
SWORN TO AND SUBSCRIBED bebre me this day of. .Nig_
Notary Pubec Slate of Flake AI Large
Printed Neme of Notary
My commission
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Bebe me,the undersigned ampdry,personally appeared _ _. _. the Affiant who being first by me duly swan,did swear or affirm that he/she
executed N3 Affidavit foi the purposes staled therein and Nal B is due and carecm.
AFFIANT
SWORN TO AND SUBSCRIBED WI ore me this__..day of .200_
Naary Pudic Sate of Honda Al Large
Mhco Name ol Notary
Myycommission expires:. .
STATE OF FLORIDA
COUNTY OF MIAMI-DAC/El
Belvue me,me undersigned authority,personally appeared the ABan1 who Peng first by me dury sworn,did swear a affirm that he/she
executed this ARda'dt for the purposes staled therein and that itis We and correct.
AFFIANT.._.._
SWORN TO AND SUBSCRIBED belae me this . _day of _200_
Notary Publk State of Florida Al Large
Panted Name W Notary
My commission expires.
BUSINESS RELATIONSHIP AFFIDAVIT*
I
This Affidavit is ade pursuant to Section 31-71(b)(2)(10of the City of Aventura Land Development Code. The undersigned APtant hereby discloses that;
(markwih'v' pfxabb n portoonly)
1 Affiant does pot have a Business Relationship with any member of the City Commission or any City Advisory Board to which
the application will be presented.
) 12. Allan 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 nave of Commissioner or Advisory Board Member) who serves on the
(Lit City Commission or City Advisory Board upon which member serves).
The nature of the Business Relationship is as Idbws.
()f Member of City Commission or Board holds al ownership interest in excess of 1%d total assets or capital stack
of Applicant or Representative.
11 U. Member of City Commission or Board is a parte. co-shareholder(as to shwas of a corporation which are not
listed on any national or regional stock exchange)or joint venturer with the Apprtcant or Representable in any
business venture;
(1E4. The Applicant ar Representative a 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;
O Iv. A CBy Commissioner or Board member is a Client of the Applicant or Representative;
O v, The Applicant or Representative is a Customer of the member at 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 employe)in a given calendar year;
I I W. The member of the City Commission or Board is a Customer of the Applicant or Represenlaaive and transacts
C
more than$2f[[g000.00 ot1le business d the�Applicant or Representative in a given calendar year.
WITNESS MY HAND THIS �L' UAV OF !( ( /"i ; '1✓ {2d D_
By (Sgnarroe)
Name ' HISRi9 4 (Prim/
Title: (Pant)
WITNESS MY HAND THIS DAY OF _,200..
PROPERTY OWNER'.
By: (Sr-grimace)
Name. (Flim)
Ttlle. (Primo
'The terms 'Business Relationship" 'Client"Customer" Applicant," 'Representative"and 'Interested Person'are defined rn
Section 2-395 of the Aventwa DV Code
411 01p / ) I [
WITNEB -'. • • ( ; DAY OF 1%v L L(LEE/ ')�pp_
REP, iATIVE'.(Listed r 4 nets Rn'alionship Affidavit)
'011111MINI'rw c .... By. (SSnalure
Name: . // L U I (''puu Name: (Print)
Title: V t ' 1 "5 4112 Title: (Print)
By: (Signature) BY (Signature
Name: (Print) Name: (Pant)
Title: (Pim) Title: (Pant)
By: (SSnamre) By: (Signature
Name: (Print) Name: (Pint)
Title: (Print) Title: (Pint)
(Signature) By: _(Signature
Title:_ (Print) Title. _ (Pmt) •
The: _ (Pant) Title: _ (Pahl)
By: (Signature) By'._ (Signature
Tile. (Print) Title. (Print)
Title: (Print) Title. (Print)
By: _ (Signature) By: (Signature
Title: (Ping Title: (Prim)
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. l l-7 (b)(2)(iv)of
Me 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)
fV
Belae me,the undengnedated ly,peen that
I/ / NSA •• A w py?pury sworn,did swaxwalfirm that nelsne
exerted this Albtlail b the purposes slated therein and Tal it n Weandan- I. / '
�I =�
P AFF}ANT
$WORN iO AND SLBSCR /Y/ //p
':Fliems MVC IOMMSSIONYFFPW186Asa. '" lit 4 yL<, /;
Bonded no WNry POW Undema(' . ��ee �L' j/�! ,,
�'rNwlLmerllx dons 7 r•/ .' J
AI f xpres:�L'/. I ,-t, ,
. . _._._.__._ _—_.__I_.._._.._.—__.._.._
STATE OF FLORIDA )
COUNTY OF MIAMbDAOE)
Bebe me.the undesIgned&Alain).personally appeared__ the Ailaa who being first by me duly swan,did swear or of nn that ba]b!
executed this AIM WI fa the purposes staled therein and that it is We and cored,
AFFIANT
SWORN TO AND SUBSCRIBED before me this day al_
Notary Putts State of Floida Al Lrge
Printed Name of Notary
My commission expires:
CSTATE OUNTYFfLODA )
COUNttaMNMI.DPAE)
Before me,the undersigned withaily.pesona&y appeared .__ . the Alam.who being NSI by me duly swan,did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that A is We and cored
AFFIANT
SWORN TO AND SUBSCRIBED before me this day of 910_
Noary Public Slate&Flpida Al large
Printed Name of Notary
My&mown expiar.
STATER FLORIDA
COUNTY OF MIAMI-DADE)
Before me,the undersgned authority,personally appeared the Nfant who bap first by me duly sworn,did swear a affirm Nal he/she
exaaded his Af davit fa the purposes stated amen and Nat is We and cared.
AFFIANT
SWORN ro AND SUBSCRIBED before nth this__day of 200_
Nary Public Stale of Florida At tale
Printed Name of Notary
My ammissmn exprres'_
BUSINESS RELATIONSHIP AFFIDAVIT"
t ori'
r
This Affidavit is made pursuant to Section 31-71(b)(2)(i1)of the City of Aventura Land Development Code. The undersigned Affiant hereby dscloses that:
(mark within'applicable portions only)
}Je1. Affiant does not have a Business Relationship with any member d the City Commission or any City Advisory Bawd to which
the application will be presented.
()2 Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory
Board to which the application will be presented,as follows:
(List nave of Commissioner or Advsory Board Member) who serves a 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 stack
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 Oak exchaige)or joint venturer with the Applicant or Representative in any
business venture;
(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 office or for he same employer as the member of the City Commission or
Board;
iv. A City Commissioners Board member is a Client of the Applicant or Representative,
[]v The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her
employer)and transacts more that$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 Representafive and transacts
more than$25,000.00 of the business of the Applicant or Representafive in a given calendar year.
WITNESS MY HAND THIS I I DAY OF DECAA4/51F7t 20Q$
APPLICANT'.
By' (Signature)
Name: /auUNouy Aeti rZi PC (Prat/
Title: °taint Q2 (Poria)
3r LLT, OSA BP5v0bp PAcs
WITNESS MY HANG THIS DAY OF _ 200_.
PROPERTY OWNER:
By: (Signature)
Name' (Piot)
Title'. (Prim)
'The terms "Business Relationship" "Client" "Customer," Applicant." Represenative"and ''Interested Person"are defined rh
Section 2-395 tithe Aventura CM/Code.
WITNESS MY HAND THIS ( ( DAY OF DE _,2042
REPRESENT TVE:(Listed on Business Relationship Affidavit)
By: Jr(•r/LfV/1-----,(Sgnature) By. (Sgnature
Name: ,Amnio s) #la1.W'iPnnf) Name: (Prim)
Title: °tato E/t— (Pont) Title: (Pant)
Al t A.n at6, ccc no+ B SS
By: (Sgnature) By: (Sgnature
Name:_ (him) Name: (Print)
Title: (Print) Title: (Pont)
By:_ (Sgnature) By: (Signature
Name: (Print) Name: (Print)
Title: (Prim) Title: _ (Print)
By: (Sgnature) By: — __._ (Signature
Title: (Print) Title: _ (Prim)
Title. (Prim) TiOe_ (hint)
By: (Sgnature) By:__ (Signature
Title: _. (Print) Title:_ (Print)
Title. (hint) Title: (Print)
By (Signature) By:_ (Signature
Title: Print) Title: (Pone
Title: (Flint) Title: (Pond
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 ro consideration of the
application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or
incomplete.
MATTXLW HENOEgSON
'InrC,,
•
CoaarylPubli s 272orni
Sri h a ^'! Notary Public California n
•
CcA\ los Angeles County
'� NOTARIZATION PROVISION Comm.Expires S n IS 2075 ,
STATE 6RBPIBA—
COUNTY OFIAIAA�-UADE) \_5 [I ,,t/�
Before me,the undersigned axthagy,persaa,VY appmtl�'{I�INN`ilf �."Me Affiant.who being first by me duly sworn,did mar ar ar affirm Na . .,r.
exavted this Affidavit la the purposes staled therein and Nal it is Due and rest
I�U. AFFIANT
SWORN TO AND SUBSCRIBED before me this
old
gMJl��gig /Ii
TTTTTTrrr / / C
Naa1� 1ry N Lwe nte of y Ari
F 1`7
ryryyy.,
Med Name of Notary a
My mmmssico expbee.) Q/ �t
STATE OF FLORIDA ) ---_______
......
_�--
COUNTY OF MIAMI RADE)
Bebe me,the undersgned authority.personally appeared the Affiant who being first by me duly sworn,did sweet a affirm that he'he
executed Clic ARdaxt b thepurposes Meted therein endThal iteDueand°red-
AFFIANT
SWORN TO AND SUBSCRIBED bebe me this day of _ ,200_
Notary Public Slate of Raffia At Lama
Pnnted Name of Notary —
Mycommission expire:_
_
STATE OF FLORIDA )
COUNTY OF MLAMl-DADE)
Belle me,De undersigned althody,personally appearedthe Athans who being first by me duly swan.did swear Cr affirm that helshe
executed this Affidavit for me purposes stated therein arid that d is due and correct
AFFIANT
SWORN TO AND SUBSCRIBED belie me(his_.-day of_ _200_
Notary Public State of Honda04 Large
Printed Named Notary — - -
My commission moves:.-.
STATE OF FLORIDA )
COUNTY OF MIAMI-MDE
Before me,Me undersigned authonty.personally appeared the Aeant who being first by me duly sworn,did swear a affirm Nat he/she
executed Nis Affidavit or the purposes stated therein and that it is Due and correct.
AFFIANT
SWORN TD AND SUBSCRIBED bebe me this _day day of _200_
Notary Public State of Fades At Large
Minted Name of Notary
My commission expires._ __
RESOLUTION NO. 2019-
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 INDOOR AND OUTDOOR BAR/LOUNGE AREAS WITHIN
INTERNATIONAL SMOKE RESTAURANT LOCATED IN TENANT
SPACE #946 OF THE AVENTURA MALL EXPANSION AT 19565
BISCAYNE BOULEVARD, CITY OF AVENTURA; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned 82, Community
Business District; and
WHEREAS, the applicant, MG-19501 Biscayne LLC, doing business as
International Smoke, through Application No. 01-CU-19, is requesting Conditional Use
approval to permit the sale and service of alcoholic beverages at indoor and outdoor
bar/lounge areas within the International Smoke restaurant in Tenant Space #946 of
the Aventura Mall expansion; and
WHEREAS, the City Commission held a quasi-judicial public hearing as provided
by law to review the application; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application for Conditional Use to allow the sale and service of
alcoholic beverages at indoor and outdoor bar/lounge areas within International Smoke
restaurant in Tenant Space #946 in the Aventura Mall at 19565 Biscayne Boulevard,
legally described as Tract R and part of Tract Q, Aventura Sixth Addition, according to
the plat thereof as recorded in Plat Book 120 at Page 20 of the Public Records of
City of Aventura Resolution No. 2019-
Miami-Dade County, Florida, is hereby granted exclusively to the applicant subject to
the following conditions:
1. This approval shall be granted exclusively to MG-19501 Biscayne LLC doing
business as International Smoke, in Tenant Space #946 of the Aventura Mall
expansion and may not be transferred to another owner and/or operator of the
restaurant or to another location.
2. Alcoholic beverages shall be sold and served only in conjunction with service of
food.
3. Customers will not be permitted to remove an individual glass of alcoholic beverage
or any open container from the restaurant, but may purchase sealed bottles for off-
premises consumption pursuant to the applicable State liquor license.
4. The applicant shall obtain an alcoholic beverage license from the State of Florida
and begin sales and service of alcoholic beverages within twelve (12) months of the
date of the Resolution or the approvals granted shall be deemed null and void
unless extended by a motion of the City Commission at the written request of the
applicant, provided that the applicant has filed the request for extension within the
twelve (12) month period prior to expiration.
5. The applicant shall comply with the hours of operation allowed to bars and cocktail
lounges for sale of alcoholic beverages for consumption on premises pursuant to
Section 4-3(d) of the City Code; namely, between the hours of 8:00 a.m. and 1:00
a.m. the following day.
6. The applicant shall conduct Responsible Vendor Training pursuant to Florida
Statutes to ensure no sales are made to underage customers or to customers who
may have been over-served at other establishments.
7. The conditional use approval may be terminated in the event the City Manager
determines that the approval has created and/or is creating a disturbance to the
community. The applicant agrees to immediately discontinue sales and service of
alcoholic beverages upon written notice to the applicant of such a determination.
8. Any discontinuation of the sales and service of alcoholic beverages for a period of
180 consecutive days shall constitute abandonment and shall rescind this approval.
Section 2. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 3. Issuance of this development order by the City of Aventura does not
in any way create any right on the part of an applicant to obtain a permit from a state or
Page 2 of 4
City of Aventura Resolution No. 2019-_
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 Gladys Mezrahi
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Dr. Linda Marks
Mayor Enid Weisman
PASSED AND ADOPTED this 8th day of January, 2019.
Page 3 of 4
City of Aventura Resolution No. 2019-
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this _day of , 2019.
CITY CLERK
Page 4 of 4
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wass.
City Manager
BY: Joanne Carr, AICD
Community Development Director
DATE: January 4, 2019
SUBJECT: Request of Chabad House of North Dade Inc. for Abandonment of Public
Right-of-Way of NE 210 Street lying between Biscayne Boulevard and NE
30 Avenue (01-AR-18)
January 8, 2019 City Commission Meeting Agenda Item 106
RECOMMENDATION
It is recommended that the City Commission approve the request for abandonment of
public right-of-way, subject to the following conditions:
1. That the applicant provide, in form satisfactory to the City Manager and City
Attorney, and record at its expense in the Public Records of Miami-Dade
County, a Declaration of Restriction confirming that the right of way of NE 210
Street, once abandoned, will continue to be used for private road purposes and
will be improved, operated and maintained by the applicant for that purpose in
perpetuity.
2. That the applicant provide, in form satisfactory to the City Manager and City
Attorney, and record at its expense in the Public Records of Miami-Dade
County, an Easement in favor of the City of Aventura, conveying a non-exclusive
perpetual easement in, over and through the easement property for public
vehicular and pedestrian access and for construction, maintenance, repair and
operation of public utilities.
3. That the applicant grant a Utility Easement for all utilities within the right of way,
including Miami-Dade Water and Sewer Department, Bell South and Florida
Power and Light and record the easement in the Public Records of Miami-Dade
County.
4. That the applicant provide, in form satisfactory to the City Manager and City
Attorney, a Quit Claim Deed from One Aventura Executive Center Condominium
to Chabad House of North Dade, Inc. for its portion of the abandoned right of
way and record the Quit Claim Deed in the Public Records of Miami-Dade
County.
5. That the applicant provide to the City, the voluntary donation to the Don Soffer
Aventura High School of $270,000 as proffered in its Letter of Intent.
THE REQUEST
The applicant is requesting abandonment of a 680 foot long by 50-foot wide segment of
NE 210 Street lying between Biscayne Boulevard and NE 30 Avenue on the plat of
Hallandale Park No. 11. The applicant is requesting this abandonment because the
roadway serves as a driveway access only to three developments on this section of the
roadway and to facilitate future development of the Chabad of North Dade Inc. and SCI
Funeral Services of Florida Inc. properties. (See Exhibit#1 for Letter of Intent)
BACKGROUND
APPLICANT Chabad House of North Dade Inc.
OWNER OF PROPERTY City of Aventura
LOCATION OF PROPERTY NE 210 Street between Biscayne Boulevard and NE
30 Avenue (See Exhibit#2 for Location Map)
SIZE OF PROPERTY Approximately 35,140 square feet (0.8067 acres)
LEGAL DESCRIPTION A portion of NE 210 Street (Montclair Way) as shown
on Hallandale Park No. 11 according to the Plat
thereof as recorded in Plat Book 27, Page 39, Public
Records of Miami-Dade County, Florida (See Exhibit
#3 for Sketch and Legal Description)
SURROUNDING PROPERTIES
Zoning —
Subject Property: Public Right of Way dedicated by plat
Property to the North: B2, Community Business District
Property to the South: OP, Office Park District
Property to the West: MO, Medical Office Park
Property to the East: R2, Residential Single-Family District
2
Existing Land Use -
Subject Property: Roadway
Property to the North: Chabad Synagogue (under construction)
Property to the South: Funeral Home (use discontinued)
Property to the East: Single Family Residential
Property to the West: Hospital and Medical Offices
Future Land Use -
Subject Property: Business and Office
Property to the North: Business and Office
Property to the South: Business and Office
Property to the East: Medium-High Density Residential
Property to the West: Business and Office
The Roadway — The portion of NE 210 Street between Biscayne Boulevard and NE 30
Avenue, approximately 680 feet long and 50 feet wide was dedicated as a public street
by a plat recorded in 1925. It provides access to a discontinued funeral home, the
Chabad synagogue and to the loading area for One Aventura Executive Center office
condominium. There are three abutting landowners: Chabad House of North Dade Inc.
to the north, SCI Funeral Services of Florida Inc. and One Aventura Executive Center
Condominium as shown on the map attached as Exhibit#4 to this staff report.
The City Commission may vacate, abandon, discontinue and close any existing public
street, through passage of a resolution at a properly noticed public hearing. The closed
road will vest in the abutting title owners.
The Development Project — The applicant's site lies on the north side of the roadway
proposed to be abandoned. It contains a synagogue and surface parking area. The
applicant received Administrative Site Plan Approval on May 10, 2016 for demolition of
the existing synagogue and construction of a LEEDS Gold certified, 10 story, 120 foot
tall, 57,500 square foot office building with retail space on the ground floor, a new 4
story, 45,000 square foot synagogue and a 5 story parking structure with 300 parking
spaces. Vehicular access to the office and synagogue will be by way of garage entry
and exit onto NE 210 Street. Pedestrian access will be by way of an office lobby
entrance and synagogue entrance on NE 210 Street. There will be no access onto NE
30 Avenue. The applicant will be constructing intersection improvements at NE 210
Street and Biscayne Boulevard and will also be constructing roadway improvements on
NE 210 Street as shown in the civil engineering plans submitted for approval.
3
The approved development required conditional use approval for religious facility and
school use, conditional use approval for green building incentives and variance
approval for setback and height. These approvals were granted by the City
Commission through Resolution No. 2016-34 passed on May 3, 2016.
Construction of the new synagogue is underway. The existing synagogue will be
demolished once the new synagogue is completed. Construction of the office building
will follow.
If the abandonment of right of way is approved by the City Commission, the applicant
will seek a revision to the existing Administrative Site Plan Approval to increase the size
of the office building from 57,500 square feet to 83,400 square feet.
The abandonment of the NE 210 Street right of way will also benefit the redevelopment
of the SCI Funeral Services of Florida Inc. property to the south of the roadway.
BACKGROUND
There are three landowners adjacent to the section of NE 210 Street proposed for
abandonment. The applicant, who owns all land to the north of the right of way, has
made the application for abandonment. The other two owners have consented to the
application. Their consent is attached to the Letter of Intent submitted by the applicant.
The applicant has proffered to record a Restrictive Covenant, in the form attached as
Exhibit #5, to ensure that the existing roadway will be maintained as a private drive to
provide vehicular and pedestrian access to all existing and proposed development
within the block. The applicant has also proffered an Easement, in the form attached
as Exhibit #6, in favor of the City conveying a non-exclusive, perpetual easement in,
over and through the vacated right of way for public vehicular and pedestrian access
and for construction, maintenance, repair and operation of the City's public utilities.
ANALYSIS
Before a right-of-way, or any portion of right-of-way, is abandoned by a public agency,
all public interest in it must first be extinguished. Public interest can include, but is not
limited to, maintaining an appropriate traffic circulation system, maintaining adequate
landscaping, and ensuring that utility and access easements remain available if
needed.
Roadway Level of Service - Because the existing right-of-way of NE 210 Street
accesses only three sites, with one access being a loading/drop off area for the office
building, it functions as a driveway for these three sites. There are three other
signalized connections between Biscayne Boulevard and NE 30 Avenue; those being,
the public rights of way of NE 207 Street, NE 209 Street and NE 213 Street. Thus, the
abandonment will have no impact on future transportation levels of service. The
roadway proposed to be abandoned will continue, by recorded declaration of restriction
4
and easement, to be maintained in the same location for public and private vehicles
and pedestrians, so there will be no impact on the traffic circulation system.
Utility Easements — The applicant will be required to provide an easement over the
entire section of road to be abandoned, for access for all providers to the existing or
future utilities under the roadway. The vacation of the right-of-way will be subject to
confirmation that the required easement has been properly recorded in the public
records.
Landscaping and Drainage - The right-of-way contains landscaping and drainage
facilities. As part of its site improvements on its landholdings to the north of the
roadway, the applicant will be planting new landscaping and making drainage
improvements as required by the City as part of site plan approval. The applicant will
be required, through the easement document to the City, to maintain the landscaping at
its expense and to provide access to the drainage facilities.
5
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HPRR
ROSENTHAL ROSENTHAL cc,,,,,,ititi C ... .
November 19, 2018 —RASCO-
CITY CFF.`:'a.a'✓h-.. .
ATTORNEYS AT LAW
Mrs. Joanne Can RCP 1 5 20'18
Community Development Director
City of Aventura Exhibit 1
19200 West Country Club Drive 01-AR-18
Aventura,FL 33180
Re: Chabad House of North Dade, Inc. (the"Chabad")
City of Aventura(the"City")
Abandonment of N.E. 210th Street from Biscayne Boulevard to 30th Avenue
Aventura, FL(the"Subject Property")
Dear Mrs. Carr:
The Applicant, on behalf of the Owner, has contemporaneously herewith filed an Application for
Administrative Modification of The Site Plan referenced in Resolution Number: 2016-34,attached hereto
and made a part hereof That Application makes minimal revisions to the Site Plan resulting from the
abandonment requested in this Application. These revisions will result in the Site Plan approved in
Resolution Number 2016-34 remaining in substantial compliance with the original approvals. In fact the
revisions as noted will reduce the intensity of some of the variances granted in that Resolution.
The Applicant has had several meetings with Joanne Cart,the City Planning and Zoning Director,to discuss
the abandonment of a portion of N. E. 2101°Street from Biscayne Boulevard east to 30th Avenue,which is
more particularly described in the Survey attached hereto and made a part hereof. We have also had
discussions concerning the proffer by the Applicant of a dollar amount that would be appropriate under the
particular unusual circumstances relating to this abandonment. Attached hereto and made a apart hereof is
a letter from the Applicant to Joanne Can dated November 6,2018 that outlines the predicate for the amount
proffered. The Applicant believes that the "good will" amount proffered was done in good faith and is
supported by the unusual conditions of the abandonment,which creates a win-win situation for the City as
evidenced by the attached letter of November 6,2018.
It is respectfully suggested that a review of the Application for Administrative Modification of Site Plan,
together with this Letter of Intent and the letter to Joanne Can from the Applicant dated November 6,2018
reflects that the abandonment would be a benefit to the City and its residents. The Applicant therefor
requests that the City Council unanimously approve this abandonment.
Respectfully submitted,
i
Rosenthal Raso,L. ' ,
---w.t
ffrisna
ASR:cw
1W0476658 I) One Aventura,20900 N.E.30th Avenue,Suite 600,Aventura,Florida 33180
305.937.0300/Fax:305.937.1311
ROSENTHAL ROSENTHAL
-RASCO-
ATTORNEYS AT LAW
November 6, 2018
C4F, .
Mrs. Joanne Carr
N-1 1 4 2018
Community Development Director
City of Aventura
19200 West Country Club Drive
Aventura, FL 33180 �`—
Re: Chabad House of North Dade, Inc. (the"Chabad")
City of Aventura(the "City")
Abandonment of N. E. 210th Street from Biscayne Boulevard to 306 Avenue
Aventura, FL (the"Subject Property")
Dear Joanne:
I am sure you will recall that approximately two and one half years ago you, the City Manager,
Eric Soroka, and I had several discussions in connection with the Chabad's desire to re-develop
its property on the north side of the subject property, and in particular the subject property's value.
These discussions failed to come to fruition resulting from one owner withdrawing their consent,
and subsequently the Chabad filed its Application to develop its property without the
abandonment, which resulted in the City of Aventura passing Resolution Number 2016-34
authorizing the Chabad's request. The Chabad building, as you are aware, is presently under
construction, however, construction has not started on the parking garage or the office building.
The Chabad seeks once again to secure the abandonment of the subject property, which would
require revisions to the Plans for the garage and office building to accommodate the benefit derived
from the north half of the subject property.
Recently you and I have had several discussions concerning re-visiting the abandonment of the
subject property, at which time I advised you that all of the property owners now uniformly seek
its abandonment as evidenced by the letters from the funeral home and One Aventura attached,
and I believe this abandonment to be totally different from the usual abandonment. In the case of
the usual abandonment the adjacent property owners get,without restriction,the full benefit of the
use of the Property utilizing it to construct buildings on it or for any purpose it desires, subject
only to zoning regulations, et al. In this instance the abandonment provides multiple specific
restrictions, which are in fact the predicates for the abandon's property's reduced value as
hereinafter set forth,to-wit:
I. The Subject Property, above and below the surface, subsequent to its abandonment will
continue in perpetuity to remain 210th Street and remain open for public and private
vehicular and pedestrian access; parking; driving access to the properties adjacent to the
abandoned property; installation; maintenance and replacement of utilities; drainage;
1WO475004 n One Aventura,20900 N.E. 30i°Avenue,Suite 600,Aventura,Florida 33180
305.937.0300/Fax: 305.937.1311
r
Mrs. Joanne Carr November 6,2018
signage; and landscaping as may now exist, or may be reasonably planned, approved and
improved in the future by the City.
2. The City, contemporaneously with the abandonment, will be provided an easement
agreement from the Chabad, which shall be acceptable to the City.
3. The Chabad, its nominees or assigns, shall, at its expense, maintain the existing
improvements thereto including, but not limited to the roadway, sidewalks, landscaping,
signage and all future improvements reasonably required by the City,excluding only those
repairs to the Street resulting from the City's future modifications to existing utilities,
drainage or other installations below the surface of the Subject Property. Save for this
exception the City shall have no expense or costs relating to the Subject Property or the
swale area.
4. Please keep in mind that the north side of the Property to be abandoned is owned by the
Chabad, a 501C3 entity that was tax exempt and provided the City no real estate taxes. In
addition the Street to be abandoned was likewise not subject to real estate taxation.
Subsequent to the abandonment 21,285 square feet of the Chabad property, inclusive of
the abandoned Property adjacent thereto, will remain tax exempt,however, approximately
46,165 square feet of the Chabad property, inclusive of the abandoned street, shall be
subject to real estate taxes payable to the City. In computing the estimated real estate tax
on the taxable portion of the Chabad property previously not taxed, Chabad used the real
estate tax applicable to One Aventura which was approximately $700,000.00, or
approximately$8.50 per square foot,without the addition of the abandoned property. That
amount was multiplied by 89,494 square feet, being the maximum buildable square
footage of the taxable Chabad property, resulting in an estimated real estate tax of
$760,699.00 per year payable by Chabad as opposed to no tax.
For the forgoing reasons this is not the usual abandonment where the land that is abandoned is
utilized for any use the recipient of the abandoned land chooses. The Chabad abandonment, as
indicated, cannot impact the Street with any improvements and it is responsible for its
maintenance, repair, and replacement, as well as having to pay the estimated taxes referenced
above. The only benefit that the Chabad and the adjacent land owners derive is increased FAR
and density.
This abandonment is a WIN-WIN situation for the City and its residents,as the City and the
public shall continue to have the same rights and uses it had before the abandonment at no
cost to either.
Based upon the foregoing it is the belief of the Chabad that the value of the Subject Property under
these circumstances is truly minimal. It is the belief of the Chabad, however, that since the City
and its residents shall save money as a result of this abandonment and the Chabad's only benefit
is the increased FAR and density, the Chabad would respectfully proffer to the City the sum of
$270,000.00. In that regard we would request that the funds proffered be donated to the Don Soffer
Aventura High School. You might ask why $270,000.00 and not $275,000.00, which would be
jW7
0i""'�� Rosenthal Rosenthal Rasco LLC
One Aventura,20900 N.E.30m Avenue,Suite 600,Aventura,Florida 33180
305.937.0300/Fax: 305.937.1311
Mrs. Joanne Can- November 6,2018
the norm. The answer is that in Hebrew the word "chai" means "eighteen" and is also the word
for"life". By virtue thereof multiples of eighteen are what many Jewish people use in making a
"gift", or in this case a"good will"proffer of 15 times chai.
On behalf of the Chabad I would respectfully request that you consider the foregoing, and in that
regard I would like to meet with you to resume discussions regarding the abandonment and the
proffer herein set forth by the Chabad.
Thank you for your courtesy and cooperation. Warmest personal regards.
Cordially,
ROSENTHAL RO�SE,NTHAL RASCO, LLC
BY( ._-�`2 f
ALAN S: _ THAL
ASR:cw
tamenwa.° Rosenthal Rosenthal Risco LLC
One Aventura,20900 N.E.30th Avenue,Suite 600,Aventura,Florida 33180
305.937.0300/Fax: 305.937.1311
OneAventura
EXECUTIVE CENTER
ONE AVENTURA EXECUTIVE CENTER CONDOMINIUM ASSOCIATION
September 6,2018
Viae-mail: ker a rniaw.com
Kerry E. Rosenthal, Esquire
20900 NE 30"Avenue
Suite 600
Aventura, FL 33180
Re: 210'h Street De-dedication
Dear Mr. Rosenthal:
One Aventura Executive Center Condominium Association agrees to support the de-dedication and vacating of the entire
right-of-way known as N.E.210t Street, lying between Biscayne Boulevard and NE 30th Avenue, Aventura,FL 33180(the
"210th Street De-dedication"), with the understanding that all costs and expenses associated with the 210" Street De-
dedication will be the sole obligation of Chabad House of North Dade, Inc. ("Chabad"). In that regard, One Aventura
Executive Center Condominium Association will join in and/or execute all application documents reasonably required to
effectuate the 2101' Street De-dedication, provided that the application documents are standard forms promulgated by
applicable governmental agencies. Any additional documentation required to effectuate the 210'h Street De-dedication is
subject to review and approval by One Aventura Executive Center Condominium Association.
One Aventura Executive Center Condominium Association further agrees not to withdraw its support for the 210th Street
De-dedication for an initial term of four(4) months from the date of receipt of this letter("Initial Term"),with an optional
fie(5)month extension, so long as the application for the 210' Street De-dedication has been filed and the applicable fees
have been paid during the Initial Term.
During the Initial Term and optional five-month extension,One Aventura Executive Center Condominium Association will
not be restricted from selling or marketing its property legally described in Exhibit"A"attached hereto(the"Property"). In
the event that One Aventura Executive Center Condominium Association sells the Property, the entity that purchases the
Property will agree, in the same spirit of cooperation,to support the 210 Street De-dedication.
Very truly yoursu
By
e o orodowski
MAILING ADDRESS: 655 WEST FLAGLER ST. SUI1E.207,MIAMI,FL 33130
PHONE 305 538 7957 FAX 305 574 7603 E-MAIL:INFO@EUROPEIMMO.NET
i , Sc]FUNERAL SR , OF FLORIDA,LLC.
261333 US 19 NORTH,SUITE 308
CLLARWA7ER, ARIDA 33763
TEL:727.781.60211 FLORIDA FAX:721259)8)5
www.digmtymcmorial.com
Dignity.
August 21,2018
VIA EMAIL: ker(ahrrrlaw.com
Kerry Rosenthal
Rosenthal Rosenthal Rasco LLC
20900 NE 30th Avenue, Suite 600
Aventura, FL 33180
RE: 210th Street De-dedication
Dear Mr. Rosenthal:
SCI Funeral Services of Florida, LLC ("SCP") am- s to support the de-dedication and vacating of the
entire right-of-way known as N.E. 210th Street, lying between Biscayne Boulevard and NE 30th Avenue,
in Aventura, Florida (the "210th Street De-dedication"), with the understanding that all costs and
expenses associated with the 210th Street De-dedication will be the sole obligation of Chabad House of
North Dade, Inc. ("Chabad"). In that regard, SCI will join in and/or execute all application documents
reasonably required to effectuate the 2101h Street De-dedication, provided that the application documents
are standard forms promulgated by applicable governmental agencies. Any additional documentation
required to effectuate the 210th Street De-dedication is subject to review and approval by SCI.
SCI further agrees not to withdraw its support for the 210th Street De-dedication for an initial term of four
(4) months from the date of receipt of this letter ("Initial Tenn"), with an optional five (5) month
extension, so long as the application for the 210th Street De-dedication has been filed and the applicable
fees have been paid during the Initial Term.
During the Initial Term and optional five-month extension, SCI will not be restricted from selling or
marketing its property legally described in Exhibits "A" and "B" attached hereto (the "SCI Property").
In the event that SCI sells the SCI Property, the entity that purchases the SCI Property will agree, in the
same spirit of cooperation, to support the 210th Street De-dedication.
1" truly yours,
-ii un-"-T I Services a Florida,LLC
III, r AP
'p1 ..0 ', ,101998I VAN illll
11 Longino, President
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Exhibit 2
01-AR-18
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 7254-14 )
3921 SW 47TH AVENUE, SUITE 1011
tak DAVIE, FLORIDA 33314 CLIENT :
•9r PHONE (954) 689UTHO7766 FZATION AX (954) 689-7799 CHABAD HOUSE OF NORTH DADE
LAND DESCRIPTION AND SKETCH
LAND DESCRIPTION:
A PORTION OF NE 210TH STREET (MONTCLAIR WAY) AS SHOWN ON "HALLANDALE PARK
NO. 11", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 27. PAGE 39
OF THE PUBLIC RECORDS OF MIAMI/DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE WEST LINE OF TRACT 'A', 'BONN ACRES"
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 76, PAGE 30 OF THE
PUBLIC RECORDS OF MIAMI/DADE COUNTY, FLORIDA AND THE NORTH LINE OF BLOCK 1
EXTENDED WEST, "HALLANDALE PARK NO. 11" ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 27, PAGE 39 OF THE PUBLIC RECORDS OF MIAMI/DADE
COUNTY, FLORIDA;
THENCE SOUTH 01'03'38" EAST ALONG THE WEST LINE OF HARVARD AVENUE AS SHOWN
ON SAID PLAT OF "HALLANDALE PARK NO. 1I", A DISTANCE OF 50.90 FEET TO THE
POINT OF BEGINNING; Or M
THENCE SOUTH 65'41'00" EAST ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID D
N.E. 210TH STREET, A DISTANCE OF 12.83 FEET; ',F C
co w
co co
THENCE CONTINUE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, NORTH 89144'30"
EAST, A DISTANCE OF 597.79 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO
THE NORTHWEST;
THENCE NORTHEASTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE AND ALONG THE
ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF
90158'30" AND AN ARC DISTANCE OF 39.70 FEET;
THENCE SOUTH 01'14'00" EAST, A DISTANCE OF 100.01 FEET TO A POINT ON A
TANGENT CURVE CONCAVE TO THE SOUTHWEST;
THENCE NORTHWESTERLY ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID N.E.
210TH STREET AND ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET,
A CENTRAL ANGLE OF 89'OI'30" AND AN ARC DISTANCE OF 38.84 FEET;
THENCE CONTINUE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE SOUTH 69'44'30"
WEST, A DISTANCE OF 610.38 FEET;
THENCE CONTINUE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE NORTH 65'41'00"
WEST, A DISTANCE OF 43.42 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE
SOUTH;
THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY UNE AND ALONG THE
ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF
90'00'00" AND AN ARC DISTANCE OF 39.27 FEET;
THENCE NORTH 24'19'00" EAST ALONG THE EASTERLY RIGHT-OF-WAY LINE OF
BISCAYNE BOULEVARD, A DISTANCE OF 100.00 FEET TO A POINT ON A TANGENT CURVE
CONCAVE TO THE NORTHEAST;
THENCE SOUTHEASTERLY ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF N.E. 210TH
STREET AND ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET, A
CENTRAL ANGLE OF 90'00'00" AND AN ARC DISTANCE OF 39.27 FEET;
THENCE CONTINUE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE SOUTH 65'41'00" EAST,
A DISTANCE OF 19.70 FEET TO THE POINT OF BEGINNING.
• SAID LANDS SITUATE, LYING AND BEING IN MIAMI/DADE COUNTY, FLORIDA; CONTAINING
35,140 SQUARE FEET OR 0.8067 ACRES MORE OR LESS.
REVISIONS DATE FB/PG OWN CKD `PROPERTY ADDRESS •
WED DESCRIPTION• SKETCH 03/27/I• ____ AS REG
LAND DESCRIPTION 21001 BISCAYNE BLVD
& SKETCH
FOR ( SCALE: N/A )
RIGHT-OF-WAY -
\ VACATION (SHEET 1 OF 3
k. J
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 7254-14
392I SW 47TH AVENUE, SUITE 1011
wi6, CERFLORIDA 33314 CLIENT
willy CERTIFICATE
ICATE Of AUTHORIZATION : LBW 6448 CHABAD HOUSE OF NORTH DADE
PHONE (954) 689-7766 FAX (954) 689-7799 /
<B
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R=21.00' IEC
A=20.00'00' R=21.00'A=10.27' 0.00'A PORTION OF LOT 2, MOCK 6 � # 22.21ttr
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R=2100' i R_ 00'
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LMalt N.E.. 30TH IAT'N`
REVISIONS DATE FB/PG DWN CKO PROPERTY ADDRESS :
W10 DESCRIPTION t SKETCH 05/27/14 ---- AM RIO LAND DESCRIPTION 21001 BISCAYNE BLVD
& SKETCH
FOR ( SCALE: I"= 75' )
RIGHT-OF-WAY
L VACATION ( SHEET 2 OF 3 )
I
tiro
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 7254-14
3921 SW 47TH AVENUE, SUITE 1011
Alt DAVIE, FLORIDA 33314 CLIENT :
"d'. CERTIFICATE OF AUTHORIZATION : LB # 6448 CHABAD HOUSE OF NORTH DADE
PHONE (954) 689-7766 FAX (954) 689-7799
LAND DESCRIPTION AND SKETCH
LEGEND:
CKD CHECKED BY
OWN DRAWN BY
FB/PG FIELD BOOK AND PAGE
P08 POINT OF BEGINNING
POC POINT OF COMMENCEMENT
P.B. PLAT BOOK
M/D.C.R. MIAMI/DADE COUNTY RECORDS
POT POINT OF TERMINATION
NOTES:
1. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF
A FLORIDA LICENSED SURVEYOR AND MAPPER.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY,
EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD.
3. DATA SHOWN HEREON DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH.
4. THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR.
5. BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH LINE OF "DONN ACRES",
P.B. 76, PG. 30, M/D.C.R. SAID LINE BEARS N89'43'00"E.
I HEREBY CERTIFY THAT THE ATTACHED "LAND DESCRIPTION AND SKETCH"
IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS
PREPARED UNDER MY DIRECTION IN MAY, 2014. I FURTHER CERTIFY THAT
THIS "LAND DESCRIPTION AND SKETCH" MEETS THE MINIMUM TECHNICAL
STANDARDS FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO
CHAPTER 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO
SECTION 472.027, FLORIDA STATUTES. SUBJECT TO THE QUALIFICATIONS
NOTED HEREON. n n
FOR THE FIRM, BY: VOC
RICHARD E. COUSINS
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION NO. 4188
REVISIONS DATE FE/PG DWN OK0 (PROPERTY ADDRESS :
LANDMSCRInwx A SXETCN o5/27/1.1 ---- AY RFC LAND DESCRIPTION Il 21001 BISCAYNE BLVD
& SKETCH
FOR ( SCALE: N/A
RIGHT-OF-WAY
VACATION ( SHEET 3 OF 3 ,
1
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 7254-14
3921 SW 47TH AVENUE, SUITE 1011 CLIENT
/A DAVIE, FLORIDA 33314
V„ PHONE CERTIFICATE
(954 689U OF ATHO7766 ZAFAXN(954): LB 6894 64 77 99 CHABAD HOUSE OF NORTH DADE
-ePes
W
A PORTION OF LOT 2. BLOCK B
YAP?Pr,
i INC TOWN Or NAL.LgirLL
(P.D. B, PG. 15, M/D.C.R.) !Dl'iRl'Js7
10.40'
MAR VA-RD VA
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LEGEND
AVENTURA CHABAD Q
I 4
NN SCI FUNERAL Q
— m 6
ifi i� I R5 ONE AVENTURA
25.0' u.0' - EXECUTIVE CENTER
R=25.00' R=2.00'
A=5a'OI'30' ,A_ 'Sr
A=35.54' / \A= 70'
to - 100i1' N.E. 90TH SAVE -
REVISIONS DATE F8/PG DWN CKD' 'PROPERTY ADDRESS : `
LAND 0csawTw1/1 SRETCH ' 03/04/15 ---- RCC RCC LAND DESCRIPTION 21001 BISCAYNE BLVD
d
RPASIO LAND DISCRIP11011 A SKETCH 0s/12/16 ____ AM REG & SKETCH
FOR (SCALE: 1"= 75'
RIGHT-OF-WAY
VACATION (SHEET 2 OF 3 1
J J
This instrument prepared by
and when recorded return to:
Lawrence Allen Raab, Esq.
Weiss Serota Helfman Cole&Bierman,P.L.
2525 Ponce de Leon Boulevard, Suite 700
Coral Gables,Florida 33134
DECLARATION OF RESTRICTIONS
WHEREAS, the undersigned, CHABAD HOUSE OF NORTH DADE, INC., a Florida
not-for-profit corporation ("Chabad"), is the owner of the real property located at 21001
Biscayne Boulevard, Aventura, Florida 33180, as more particularly described on Exhibit "A",
attached hereto and made a part hereof(the"Chabad Property"); and
WHEREAS, the Chabad Property has been and will be further developed as part of a
commercial condominium and Chabad has previously applied for certain zoning approvals for
the construction of such improvements and has received such approval from CITY OF
AVENTURA, a Florida municipal corporation (the "City") through the adoption of City of
Aventura Resolution No. 20_-_, passed and adopted on the_day of , 20_; and
WHEREAS, the undersigned SCI FUNERAL SERVICES OF FLORIDA, INC., a
Florida corporation ("SCI"; collectively with Chabad, the "Owners"), is the owner of the real
property located at 20955 Biscayne Boulevard, Aventura, Florida 3180, and legally described in
Exhibit"B" attached hereto and made a part hereof(the "SCI Property"); and
WHEREAS, ONE AVENTURA EXECUTIVE CENTER CONDOMINIUM
ASSOCIATION, INC., a Florida corporation ("One Aventura"), is the owner of the real
property located at 20900 NW 30th Avenue, Aventura, Florida 33180, as more particularly
described on Exhibit"C" attached hereto and made a part hereof(the "One Aventura Property";
collectively with the Chabad Property and the SCI Property, the"Property"); and
WHEREAS, pursuant to Resolution No. , the City, has vacated the public
right-of-way known as N.E. 210th Street lying and situated in Miami-Dade County, City of
Aventura, Florida, as more particularly described on Exhibit"D" attached hereto and made a part
hereof(the "Vacated Area"), which abuts the Property; and
WHEREAS, One Aventura has conveyed its interest in the portion of the Vacated Area
abutting the One Aventura Property to Chabad in accordance with a separate agreement; and
WHEREAS, the Owners intend to continue to use the Vacated Area as a private road to be
continuously operated and maintained by the Owners, their respective successor and or assign;
and
Exhibit 5
01-AR-18
WHEREAS, the Owners wish to provide further assurances to the City that the Vacated
Area will continue to be used for private road purposes and that the Vacated Area will be
properly maintained and operated for that purpose.
NOW THEREFORE, in consideration of the premises, and in order to assure the City that
the representations made by the owner concerning said development and use of the land are true
and correct and binding on Owner's successors and assigns:
I. Site Plan. The Chabad Property will be developed in conformity with the site plan
approved by Administrative Site Plan Approval No. -SP-_on , 20_,
more specifically identified on Exhibit "E" hereof(the "Site Plan"), as it may be amended. No
modification shall be effected in said Site Plan without the prior written consent of the City,
pursuant to the provisions of Section 31-79 of the Code of Ordinances of the City.
2. Vacated Area. The Vacated Area will be operated and maintained solely as a private
roadway, at the sole cost and expense of the Owners, their respective successors and/or assigns,
and shall remain subject to this Declaration.
3. Covenant Running with the Land. This Declaration on the part of the Owners shall
constitute a covenant running with the land and shall be recorded in the public records of Miami-
Dade County, Florida and shall remain in full force and effect and be binding upon the Owner
and its successors and assigns until such time as the same is modified or released pursuant to the
terms hereof These restrictions during their lifetime shall be for the benefit of, and limitation
upon, all present and future owners of the Vacated Area and for the public welfare.
4. Term. This Declaration is to run with the land and shall be binding on all parties and all
persons claiming by, through or under the owners of the Vacated Area, respectively, for a period
of thirty (30) years from the date this Declaration is recorded after which time it shall be
extended automatically for successive periods of ten (10) years each, unless an instrument signed
by a majority of the then owner(s) of the Vacated Area has been recorded agreeing to change the
covenant in whole, or in part,provided that the Declaration has first been modified or released by
the City, as provided herein.
5. Modification, Amendment, or Release. This Declaration may not be modified, amended,
added to, derogated or released as to the Property and Vacated Area herein described, or any
portion thereof, without first obtaining the approval of the City Commission of the City of
Aventura (the "City Commission"). Should this Declaration be so modified, amended, added to,
derogated or released by the City Commission, the City Manager shall forthwith execute a
written instrument effectuating and acknowledging such modification, amendment, derogation,
or release
6. Future Requests. Nothing contained herein should be construed to bind the City, or any of
its boards, departments or agencies to favorable recommendation or approval of any application,
permit, zoning, approval or other exercise, of its police or legislative power and the City retains
its full power and authority to approve or deny such application in whole or in part, in
accordance with law. Acceptance of this Declaration or the Application also does not confer any
rights upon the Owners or their respective successors and/or assigns.
7. Enforcement. Enforcement shall be by action against any parties or person violating, or
attempting to violate, any provision of this Declaration. This Declaration, and the acceptance
hereof by the City, is not intended and should not be construed to confer any rights on any third
parties. The prevailing party in any action or suit, pertaining to or arising out of this Declaration,
shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as
the Court may adjudge to be reasonable for the services of its attorney, at trial and appeal, or any
other levels. This enforcement provision shall be in addition to any other remedies available at
law or in equity or both.
8. Election of Remedies. All rights, remedies and privileges granted herein shall be deemed
to be cumulative and the exercise of anyone or more shall neither be deemed to constitute an
election of remedies, nor shall it preclude the party exercising the same from exercising such
other additional rights, remedies or privileges.
9. Presumption of Compliance. Where construction has occurred on the Property or any
portion thereof, pursuant to a lawful permit issued by the City, and inspections made and
approval of occupancy given by the City, then such construction, inspection and approval shall
create a rebuttable presumption that the buildings or structures thus constructed comply with the
intent and spirit of this Declaration.
10. City Inspection. As further part of this Declaration, it is hereby understood and agreed
that any official or inspector of the City, or its agents duly authorized, may have the privilege at
any time during nominal working hours of entering and inspecting the use of the premises to
determine whether or not the requirements of the building and zoning regulations and the
conditions herein agreed to are being complied with.
I I. Authorization for City to Withhold Permits and Inspection. In the event the terms of the
Declaration are not being complied with, in addition to any other remedies available, the City is
hereby authorized to withhold any further permits, and refuse to make any inspections or grant
any approvals, until such time as this Declaration is complied with.
12. Severability. Invalidation of anyone of these covenants by judgment of a Court of
competent jurisdiction shall not affect any of the other provisions, which shall remain in full
force and effect.
13. Recording. This Declaration shall be filed of record in the public records of Miami-Dade
County, Florida at the cost of the Owners.
14. Authority. Owners represent, respectively, that each has the authority to enter into this
Declaration as a binding instrument in full force and effect.
[Signatures appear on following page]
IN WITNESS WHEREOF, signed, executed, and acknowledged this day of
201 .
WITNESSES: CHABAD:
By: CHABAD HOUSE OF NORTH DADE,
Name: INC., a Florida nor-for-profit corporation
By: By:
Name: Name:
Title:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
201_, by , as of CHABAD HOUSE OF NORTH
DADE, INC., a Florida nor-for-profit corporation, on behalf of the corporation, who is
personally known to me or has produced a valid driver's license as identification.
Notary Public, State of
My commission expires: Print Name:
•
IN WITNESS WHEREOF, signed, executed, and acknowledged this _ day of
201 .
WITNESSES: SCI:
By: SCI FUNERAL SERVICES OF
Name: FLORIDA,INC., a Florida corporation
By: By:
Name: Name:
Title:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
201_, by , as of SCI FUNERAL SERVICES OF
FLORIDA, INC., a Florida corporation, on behalf of the corporation, who is personally
known to me or has produced a valid driver's license as identification.
Notary Public, State of
My commission expires: Print Name:
EXHIBIT "A"
CHABAD PROPERTY
EXHIBIT "B"
SCI PROPERTY
EXHIBIT "C"
ONE AVENTURA PROPERTY
EXHIBIT "D"
VACATED AREA
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 7254-14 )
3921 SW 47TH AVENUE. SUITE 1011
DAVIE, FRIDA A3314
rCUENT
CERTIFICATE OF AUTHORIZATION LB # 6448 CHABAD HOUSE OF NORTH DADE
PHONE (954) 689-7766 FAX (954) 669-7799
LAND DESCRIPTION AND SKETCH
LAND DESCRIPTION:
A PORTION OF NE 210TH STREET (MONTCLAIR WAY) AS SHOWN ON "HALLANDALE PARK
NO. 11". ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PUT BOOK 27. PAGE 39
OF THE PUBLIC RECORDS OF MIAMI/DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE WEST LINE OF TRACT 'A'. "DONN ACRES"
ACCORDING TO THE PUT THEREOF AS RECORDED IN PUT BOOK 76. PAGE 30 OF THE
PUBLIC RECORDS OF MIAMI/DADE COUNTY, FLORIDA AND THE NORTH LINE OF BLOCK 1
EXTENDED WEST, "HALLANDALE PARK NO. 11" ACCORDING TO THE PUT THEREOF AS
RECORDED IN PUT BOOK 27. PAGE 39 OF THE PUBLIC RECORDS OF MIAMI/DADE
COUNTY. FLORIDA;
THENCE SOUTH 01'0338" EAST ALONG THE WEST UNE OF HARVARD AVENUE AS SHOWN
ON SAID PLAT Of "HALLANDALE PARK NO. 11", A DISTANCE OF 50.90 FEET TO THE
POINT OF BEGINNING;
THENCE SOUTH 65'41'00" EAST ALONG THE NORTHERLY RIGHT-OF-WAY UNE OF SAID
N.E. 210TH STREET. A DISTANCE OF 12.83 FEET;
THENCE CONTINUE ALONG SAID NORTHERLY RIGHT-OF-WAY UNE, NORTH 89'44'30"
EAST, A DISTANCE OF 597.79 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO
THE NORTHWEST;
THENCE NORTHEASTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY UNE AND ALONG THE
ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF
90'58'30" AND AN ARC DISTANCE OF 39.70 FEET;
THENCE SOUTH 01.14'00" EAST, A DISTANCE OF 100.01 FEET TO A POINT ON A
TANGENT CURVE CONCAVE TO THE SOUTHWEST;
THENCE NORTHWESTERLY ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID N.E.
210TH STREET AND ALONG THE ARC OF SAID CURVE. HAVING A RADIUS OF 25.00 FEET,
A CENTRAL ANGLE OF 89'01'30" AND AN ARC DISTANCE OF 38.64 FEET;
THENCE CONTINUE ALONG SAID SOUTHERLY RIGHT-OF-WAY UNE SOUTH 89'44'30"
WEST, A DISTANCE OF 610.38 FEET;
THENCE CONTINUE ALONG SAID SOUTHERLY RIGHT-OF-WAY UNE NORTH 65141'00"
WEST, A DISTANCE OF 43.42 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE
SOUTH;
THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY UNE AND ALONG THE
ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF
90'00'00" AND AN ARC DISTANCE OF 39.27 FEET:
THENCE NORTH 24'19'00" EAST ALONG THE EASTERLY RIGHT-OF-WAY LINE OF
BISCAYNE BOULEVARD, A DISTANCE OF 100.00 FEET TO A POINT ON A TANGENT CURVE
CONCAVE TO THE NORTHEAST;
THENCE SOUTHEASTERLY ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF N.E. 210TH
STREET AND ALONG THE ARC OF SAID CURVE. HAVING A RADIUS OF 25.00 FEET. A
CENTRAL ANGLE OF 90'00'X" AND AN ARC DISTANCE OF 39.27 FEET;
THENCE CONTINUE ALONG SAID NORTHERLY RIGHT-OF-WAY UNE SOUTH 65'41'00" EAST,
A DISTANCE OF 19.70 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE, LYING AND BEING IN MIAMI/DADE COUNTY. FLORIDA; CONTAINING
35,140 SQUARE FEET OR 0.8067 ACRES MORE OR LESS.
REVISIONS DATE f8/PG DWN CKDr�E�AoORrM : l
IAP wxfmOI•Drag 05/n/u ____ N, 2p. LAND DESCRIPTION l 21001 BISCAYNE BLVD J
SKETCH
FOR (SCALE: N/A
RIGHT-OF-WAY
VACATION (SHEET 1 OF 3 )
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 7254-14
3921 SW 67TH AVENUE, SUITE 1011 r
DAVIE, FLORIDA 33314
CLIENT
CERTIFICATE OF AUTHORIZATION : LB 16448 CHABAD HOUSE OF NORTH DADE
PHONE (954) 689-7766 FAX (954) 689-7799
a
imams _ �J
e nOWNAT •.. �wvb.a Raw
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A RM1pN Of LOT I. ROM I
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REVISIONS DATE FB/PG DWN CND T nor•D ESS '
ZOO OIK11211/21•nmol my/Is --- Ay uL LAND DESCRIPTION 21001 BISCAYNE BLvo •
& SKETCH
FOR ( SCALE: 1'= 75' )
RIGHT-OF-WAY
` VACATION (SHEET 2 OF 3 )
COUSINS SURVEYORS & ASSOCIATES, INC. PROJECT NUMBER : 7254-14
3921SW 47TH AVENUE. SUITE 1011
CLIENT
CAV
I , FLORIDA33314
CERTITIFICATETE OFF AUTHORIZATION LB # 6448 CHABAD HOUSE OF NORTH DADE
PHONE (954) 689-7766 FAX (954) 689-7799
LAND DESCRIPTION AND SKETCH
LEGEND:
CND CHECKED BY
DWN DRAWN BY
FB/PG FIELD BOOK AND PAGE
POB POINT OF BEGINNING
POC POINT OF COMMENCEMENT
P.B. PLAT BOOK
M/D.C.R. MIAMI/DADE COUNTY RECORDS
POT POINT OF TERMINATION
NOTES.
I. NOT VALID WITHOUT THE SIGNATURE MID THE ORIGINAL RAISED SEAL OF
A FLORIDA LICENSED SURVEYOR AND MAPPER.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY,
EASEMENTS. OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD.
3. DATA SHOWN HEREON DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH.
4. THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR.
5. BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH UNE OF 'DONN ACRES',
P.B. 76, PG. 30. M/D.C.R. SAID UNE BEARS N69'43'00"E.
I HEREBY CERTIFY THAT THE ATTACHED "LAND DESCRIPTION AND SKETCH"
IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BEUEF AS
PREPARED UNDER MY DIRECTION IN MAY, 2014. I FURTHER CERTIFY THAT
THIS 'LAND DESCRIPTION AND SKETCH' MEETS THE MINIMUM TECHNICAL
STANDARDS FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO
CHAPTER SJ-17 OF THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO
SECTION 472.027, FLORIDA STATUTES. SUBJECT TO THE QUALIFICATIONS
NOTED HEREON.
FOR THE FIRM, BY:
RICHARD E. COUSINS
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION NO. 4788
REVISIONS DATE FB/PC DWN CKD LAND DESCRIPTION import B�IONISS BLVD
__ am,VmN A amu 05/27/O ____ a lee & SKETCH
FOR (SCALE: N/A
RIGHT-OF-WAY
VACATION ( SHEET 3 OF 3 ,
EXHIBIT "E"
SITE PLAN
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 7254-14
3921 SW 47TH AVENUE, SUITE 1011 CUENT
DAVIE, FLORIDA 33314
OF AUTHORIZATION LB 6448 CHABAD HOUSE OF NORTH DADE
PHONE (954) 689-7766 FAX (954) 689-7799
LAND DESCRIPTION AND SKETCH
LAND DESCRIPTION:
A PORTION OF NE 210TH STREET (MONTCLAIR WAY) AS SHOWN ON "HALLANDALE PARK
NO. 11", ACCORDING TO THE PUT THEREOF, AS RECORDED IN PUT BOOK 27. PAGE 39
OF THE PUBLIC RECORDS OF MIAMI/DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE WEST UNE OF TRACT 'A', "DONN ACRES"
ACCORDING TO THE PUT THEREOF AS RECORDED IN PUT BOOK 76, PACE 30 OF THE
PUBUC RECORDS OF MIAMI/DADE COUNTY. FLORIDA AND THE NORTH UNE OF BLOCK 1
EXTENDED WEST, "HALLANDALE PARK NO. 11" ACCORDING TO THE PUT THEREOF AS
RECORDED IN PUT BOOK 27, PAGE 39 OF THE PUBLIC RECORDS OF MIAMI/DADE
COUNTY, FLORIDA;
THENCE SOUTH 01'03'38" EAST ALONG THE WEST UNE OF HARVARD AVENUE AS SHOWN
ON SAID PUT OF "HALLANDALE PARK NO. 11", A DISTANCE OF 50.90 FEET TO THE
POINT OF BEGINNING;
THENCE SOUTH 65'41'00" EAST ALONG THE NORTHERLY RIGHT-OF-WAY UNE OF SAID
N.E. 210TH STREET. A DISTANCE OF 12.83 FEET;
THENCE CONTINUE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, NORTH 89'44'30"
EAST, A DISTANCE OF 597.79 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO
THE NORTHWEST;
THENCE NORTHEASTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY UNE AND ALONG THE
ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET. A CENTRAL ANGLE OF
90.58'30' AND AN ARC DISTANCE OF 39.70 FEET;
THENCE SOUTH 01'14'00" EAST, A DISTANCE OF 100.01 FEET TO A POINT ON A
TANGENT CURVE CONCAVE TO THE SOUTHWEST;
THENCE NORTHWESTERLY ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID N.E.
210TH STREET AND ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET,
A CENTRAL ANGLE OF 89'01'30" AND AN ARC DISTANCE OF 38.84 FEET;
THENCE CONTINUE ALONG SAID SOUTHERLY RIGHT-OF-WAY UNE SOUTH 89'44'30'
WEST, A DISTANCE OF 610.38 FEET;
THENCE CONTINUE ALONG SAID SOUTHERLY RIGHT-OF-WAY UNE NORTH 65'4100"
WEST, A DISTANCE OF 43.42 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE
SOUTH;
THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND ALONG THE
ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF
90'00'00" AND AN ARC DISTANCE OF 39,27 FEET;
THENCE NORTH 24'19'00" EAST ALONG THE EASTERLY RIGHT-OF-WAY LINE OF
BISCAYNE BOULEVARD, A DISTANCE OF 100.00 FEET TO A POINT ON A TANGENT CURVE
CONCAVE TO THE NORTHEAST;
THENCE SOUTHEASTERLY ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF N.E. 210TH
STREET AND ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET. A
CENTRAL ANGLE OF 90'00'00" AND AN ARC DISTANCE OF 39.27 FEET;
THENCE CONTINUE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE SOUTH 65'41'00" EAST,
A DISTANCE OF 19.70 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE, LYING AND BEING IN MIAMI/DADE COUNTY, FLORIDA; CONTAINING
35,140 SQUARE FEET OR 0.8067 ACRES MORE OR LESS.
REVISIONS DATE FB/PG DWN CKD PROPERTY ADDRESS :
w,R BOM:PINN A MORN am/is ____ ,1N Ba LAND DESCRIPTION 21001 NSCAYNE BLVD
& SKETCH •
FOR (SCALE: N/A )
RIGHT-OF-WAY
VACATION ( SHEET 1 OF 3
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 7254-14
1 3921 SW 47TH AVENUE, SUITE 1011 CLIENT
ll/`/W-�',C/ DAVIE, FLORIDA 33314
CERTIFICATE OF AUTHORIZATION : LB I 6/48 CHABAD HOUSE OF NORTH DADE
PHONE (954) 689-7766 FAX (954) 689-7799
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REVISIONS DATE TB/PG DWN CC ° s plow"UDR FM '
INC acoria.•WOI a/1/u ___ y, ,Q LAND DESCRIPTION ( „001 916CATNE BLVD ,
& SKETCH
FOR ( SCALE: 1•= 75' )
RIGHT-OF-WAY
VACATION ( SHEET 2 OF 3 3
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 7254-14
DAVI SW 47TH 333NUE, SUITE 1011 CLIENT
l///WJ\lCJ CERT FLORIDATE AUT14
HO
CERTIFICATE OF IUTION : LB # 84/8 CHABAD HOUSE OF NORTH DADE
PHONE (954) 689-7766 FAX (954) 689-7799
•
LAND DESCRIPTION AND SKETCH
LEGEND:
CKD CHECKED BY
DWN DRAWN BY
FB/PG FIELD BOOK AND PAGE
POB POINT OF BEGINNING
POC POINT OF COMMENCEMENT
P.B. PLAT BOOK
M/D.C.R. MIAMI/DADE COUNTY RECORDS
POT POINT OF TERMINATION
NATES'
1. NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF
A FLORIDA LICENSED SURVEYOR AND MAPPER.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY,
EASEMENTS. OWNERSHIP. OR OTHER INSTRUMENTS OF RECORD.
3. DATA SHOWN HEREON DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH.
4. THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR.
5. BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH UNE OF "DONN ACRES".
P.B. 76, PG. 30, M/D.C.R. SAID UNE BEARS NB9'43'00"E.
I HEREBY CERTIFY THAT THE ATTACHED "LAND DESCRIPTION AND SKETCH"
IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS
PREPARED UNDER MY DIRECTION IN MAY, 2014. I FURTHER CERTIFY THAT
THIS "LAND DESCRIPTION AND SKETCH" MEETS THE MINIMUM TECHNICAL
STANDARDS FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO
CHAPTER 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO
SECTION 472.027, FLORIDA STATUTES. SUBJECT TO THE QUAUFICATIONS
NOTED HEREON.
FOR THE FIRM, BY:
RICHARD E. COUSINS
• PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION NO. 4188
REVISIONS DATE FB/PG DWN CKD (POMMY MOMS
p'.N 4 R(ET I m�7,E ____ , ac LAND DESCRIPTION 21001 BISCAYNE BLVD ,
& SKETCH
FOR ( SCALE: N/A
RIGHT-OF-WAY
VACATION ( SHEET 3 OF 3 l/
•
This instrument prepared by and after
recording should be returned to:
Kerry E. Rosenthal,Esq.
Rosenthal Rosenthal Rasco LLC
20900 N.E. 30th Avenue, Suite 600
Aventura, Florida 33180
Parcel ID No. (a ponion thereof)
EASEMENT AGREEMENT
This Easement Agreement (the "Agreement") is made and entered into the day of
, 2018, by and between CHABAD HOUSE OF NORTH DADE, INC., a
Florida not for profit corporation ("Chabad"), having an address of 21001 Biscayne Blvd.,
Aventura, Florida 33180, and SCI FUNERAL SERVICES OF FLORIDA, INC., a Florida
corporation ("SCI"), having an address of 1929 Allen Parkway, Houston Texas 77019, (Chabad
and SCI are hereinafter individually referred to as "Grantor", and collectively referred to as
"Grantors"), and the CITY OF AVENTURA, a Florida municipal corporation, and its
successors and/or assigns ("Grantee" or "Aventura"), having an address of 19200 West Country
Club Drive, Aventura, Florida 33180.
WITNESSETH:
WHEREAS, Chabad is the owner of the real property located at 21001 Biscayne
Boulevard, Aventura, Florida 33180, and legally described in Exhibit "A" attached hereto and
made a part hereof(the "Chabad Property"); and
WHEREAS, SCI is the owner of the real property located at 20955 Biscayne Boulevard,
Aventura, Florida 33180, and legally described in Exhibit "B" attached hereto and made a part
hereof(the"SCI Property"); and
WHEREAS, pursuant to Resolution No. , Aventura vacated the public street
known as N.E. 210th Street lying and situated in Miami-Dade County, City of Aventura, Florida,
and abutting the Chabad Property and the SCI Property, which vacated right-of-way is more
particularly described in Exhibit"C" attached hereto and made a part hereof; and
WHEREAS, as a result of the vacation of N.E. 210th Street,portions of the vacated right-
of-way became the property of the abutting owners, Chabad, SCI, and One Aventura Executive
Center Condominium Association, Inc. ("One Aventura"), owning the properties adjacent to N.E
210th Street; and
Exhibit 6
01-AR-18
tw04773:3 n 1
WHEREAS, One Aventura has conveyed its interest in the vacated portion of N.E. 210th
Street lying adjacent to its property to Chabad in accordance with a separate agreement; and
WHEREAS, Chabad and SCI are the owners of all of vacated N.E. 210th Street, as more
particularly described in Exhibit "C"attached hereto and made a part hereof; and
WHEREAS, in consideration of the vacation by Aventura of N.E. 210th Street, Grantors
have agreed to grant to Grantee, and to the public, a nonexclusive perpetual easement for the
purposes as more fully described hereinafter over, under and across Grantors' property legally
described and depicted in Exhibit "C" attached hereto and made a part hereof (the "Easement
Property").
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantors
and Grantee agree as follows:
I. Recitals. The parties acknowledge that the foregoing recitals are true and correct
and hereby incorporated into this Agreement as if fully set forth herein.
2. Grant of Easement. Grantors hereby grant and convey the following non-
exclusive perpetual easements on the Easement Property described in Exhibit "C" attached
hereto and made a part hereof:
A. A non-exclusive perpetual easement in favor of Grantee and the public for vehicular
and pedestrian access and ingress and egress in, over, and through the Easement Property; and
B. A non-exclusive perpetual easement to Grantee, and its employees, agents,
contractors, successors and assigns over, upon, across, and under the Easement Property for the
purpose of constructing, installing, inspecting, maintaining, repairing, replacing, removing, and
operating certain public utilities, now existing or which Grantee shall, in its sole discretion
determine, are necessary for the public good in the future (the "Utility Infrastructure"), as well as
for ingress and egress, with full right and authority to enter upon and excavate the Easement
Property in order to construct, install, inspect, maintain, repair, replace, remove, and operate the
Utility Infrastructure as the Grantee may, in its sole discretion, determine. Grantors also grant
Grantee a license to temporarily locate its equipment on any portion of the Grantors' property
adjoining the Easement Property, as more particularly described on Exhibit"A" and Exhibit "B",
respectively, as may be necessary to perform the foregoing for service access to, over and below
the Easement Property; and
C. The right to conduct any activity upon the Easement Property which promotes the
security of the Easement Property or of any persons or property located thereon; and
D. The right to install, construct, operate, and repair and maintain any reasonable and
customary traffic signalization and ancillary facilities on the Easement Property.
1W0477313 21 2
3. Maintenance of Existing Improvements on the Easement Property. Grantors shall
maintain the Easement Property as an open, two-way street, for access, ingress and egress to and
from Biscayne Boulevard and N.E. 309h Court, in order to reasonably allow the Grantee and the
public the rights herein granted. Chabad, and its successors and assigns, shall have the
obligation, at Chabad's sole cost and expense, to repair and maintain all existing improvements
and facilities located on the Easement Property, including but not limited to, roadways, asphalt,
pavement, landscaping, lighting, and utility and drainage improvements and facilities (the
"Existing Improvements") in a safe, clean, good and working condition, and in compliance with
Aventura's standards for maintenance of City or public roads and facilities. In the event the
Chabad fails to maintain the Existing Improvements on the Easement Property in the condition
and as required herein, Grantee shall give notice of default to Grantors, and Chabad shall have
thirty (30) days following the date of receipt of such notice to commence and complete cure of
such default or repair and maintenance of the Existing Improvements, subject to delays resulting
from force majeure events beyond the reasonable control of Chabad. In the event that Chabad
fails to cure or remedy such default, the Grantee may repair or restore the Easement Property to
the required condition, and thereafter, Chabad shall reimburse the Grantee for the reasonable cost
of such repair or restoration within thirty (30) days following receipt by Chabad of a reasonably
documented invoice for same.
4. Maintenance of Future Improvements on the Easement Property. Grantors, and
their respective successors and assigns, each as to the respective portions of the Easement
Property owned by such Grantor, shall have the obligation, at such Grantor's sole cost and
expense, to repair and maintain any and all future improvements or facilities installed or
constructed on the Easement Property by such Grantor, including roadways, asphalt, pavement,
landscaping, lighting, and utility and drainage improvements and facilities (the "Future
Improvements ") in a safe, clean, good and working condition, and in compliance with
Aventura's standards for maintenance of City or public roads and facilities. Except for the
improvements made by SCI to the SCI Property and/or its portion of the Easement Property, or
restoration, maintenance and repairs required as a result of SCI's use, misuse, and/or
construction upon the SCI Property or its portion of the Easement Property, which shall be the
obligation of SCI to perform at its sole cost and expense, all remaining obligations for the
maintenance and repair of future improvements to the Easement Property shall be the sole
obligation of Chabad to perform in accordance with paragraph 3 hereinabove.
Notwithstanding the foregoing, in the event Grantee exercises its rights as set forth in
Section 2(B) hereof, Grantee shall, subject to the work described in Section 2(B), restore the
Property and any Existing Improvements thereon to their prior existing condition at no cost or
expense to Grantors unless such restoration is required due to the acts or omissions of Grantors.
In exercising its rights hereunder, Grantee shall use reasonable efforts to minimize any impacts
to Grantors' ongoing activities on the Chabad Property or SCI Property, respectively. At no time
will the City's activities on the Property interfere with ingress or egress to and from either the
Chabad Property or SCI Property by residents, guests, employees and invitees.
733Z3.n 3
Notwithstanding the foregoing, Grantors, and their successors and assigns, agree not to
build, construct or create, or permit others to install, build, construct or create any future buildings,
structures, facilities, landscaping or other obstructions on the Easement Property that may obstruct
or interfere with the rights granted to Grantee and the public herein, or damage any facilities or
interfere with the operation, maintenance, repair and/or replacement of any facilities installed or
constructed by Grantee on the Easement Property, and the rights of access and ingress and egress set
forth herein.
5. Compliance With Laws. The parties to this Agreement shall at all times comply
with and observe in the use and operation of the Easement Property all applicable municipal,
county, state and federal laws, ordinances, codes, statutes, rules and regulations.
6. Reservation. Grantors hereby perpetually reserve the following rights of
ownership in and to the Easement Property, subject to the terms of this Agreement and which are
not inconsistent with this Easement:
A. The right and privilege to use the Easement Property for all purposes,
except as might interfere unreasonably with the use, occupation or enjoyment of the Easement
Property and rights granted herein, or as might cause a hazardous condition. Notwithstanding the
foregoing, Grantors shall in no event construct or install any improvement, structure or facility in
the Easement Property (other than necessary fencing and landscaping and such other
improvements that will not unreasonably interfere with the use, occupation or enjoyment
thereof), that would impede, impair, block or obstruct any portion of the Easement Property or
prevent or limit the reasonable use and movement of pedestrians and vehicles on the Easement
Property.
B. The right to grant additional access, utility, construction or other
easements over, upon and under, and the right to grant others the right to use the Easement
Property, subject to the terms and limitations of Sections 4 and 6.A. hereinabove.
8. Indemnification. Grantors hereby agree, to jointly and severally, indemnify,
defend and hold harmless the Grantee (and all of its members, officers, directors, employees,
successors and assigns) from and against any and all liabilities, damages, claims, costs or
expenses whatsoever (including all reasonable third-party attorneys' fees and costs whether suit
be brought or any appeals be taken therefrom) arising from, growing out of or connecting in any
way with failure of the Grantors to fulfill its obligations pursuant to this Agreement or to
maintain the Easement Property as provided in Sections 3 and 4 hereinabove.
9. Enforcement. The provisions of this Agreement may be enforced by all
appropriate actions at law and in equity by the Grantors and/or Grantee. In the event a party
institutes any legal action or proceedings for the enforcement of any right or obligation herein
contained, the prevailing party will be entitled to recover its costs and reasonable attorneys' fees
incurred in the preparation and prosecution of such action or proceeding.
(W0477323 2, 4
The Grantee shall have the right to legally enforce this Easement and the covenants,
rights, conditions, obligations and restrictions set forth herein, including, but not limited to, all
maintenance obligations of Chabad to the Easement Property, by whatever action(s) are legally
available, including without limitation, any equitable remedy, injunction or specific performance,
and shall have the right, but not the obligation, to take such action as shall be reasonably
necessary to cure any default of this Agreement and enforce the covenants, rights, conditions,
obligations and restrictions set forth herein, at the sole cost and expense of the Chabad. In the
event that the Grantee undertakes such obligations to cure and/or enforce the covenants, rights,
conditions, obligations and restrictions set forth herein, Chabad shall reimburse the Grantee for
all costs and expenses incurred by the Grantee in pursuing enforcement and the remedies herein,
including reasonable attorneys' fees and costs, and Chabad shall pay such fees and costs within
thirty (30) days after the Grantee has delivered to Chabad an invoice for such fees and costs
detailing same.
10. Authorization for Aventura to Withhold Permits and Inspections. In the event
that the covenants, rights, conditions, obligations and restrictions set forth in this Agreement are
not being complied with by Grantors, in addition to any other remedies available, Aventura is
hereby authorized to withhold any further permits, and refuse to make any inspections or grant
any approvals on the Chabad Property or the SCI Property, until such time as the terms and
conditions of this Agreement are complied with.
11. Construction. The section headings contained in this Agreement are for reference
purposes only and all not affect the meaning or interpretation hereof. All of the parties to this
Agreement have participated fully in the negotiation of this Agreement and accordingly, this
Agreement shall not be more strictly construed against anyone of the parties hereto. In
construing this Agreement, the singular shall be held to include the plural, the plural shall be held
to include the singular, and reference to any particular gender shall be held to include every other
and all genders.
12. Notices. Any and all notices required or desired to be given hereunder shall be
in writing and shall be deemed to have been duly given when delivered by hand or three (3)
business days after deposit in the United States mail, by registered or certified mail, return
receipt requested, postage prepaid, and addressed to the applicable party at the address set forth
for such party at the top of this Agreement(or to such other address as either party shall hereafter
specify to the other in writing).
13. Severability. In the event any term or provision of this Agreement is determined
by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given
its nearest legal meaning or be construed as deleted as such authority determines, and the
remainder of this Agreement shall be construed in full force and effect.
14. Covenants Running with the Land. This Agreement and the easements hereby
granted will run with the land and will be binding upon and inure to the benefit of the parties and
their respective successors and assigns.
iww773232} 5
15. Amendments: Temrination. This Agreement may not be amended, modified or
terminated except by written agreement of all the parties hereto. Furthermore, no modification or
amendment shall be effective unless in writing and recorded in the Public Records of Miami-
Dade County, Florida.
16. Entire Agreement. This Agreement constitutes the entire agreement among the
parties with respect to the subject matter hereof and supersedes all prior agreements,
understandings, and arrangements, both oral and written, between the parties with respect hereto.
[EXECUTION PAGES FOLLOW]
iw0477331 n 6
IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement Agreement
as of the day and year first written above.
Witnesses;
GRANTOR:
CHABAD HOUSE OF NORTH DADE,
INC., a Florida not-for-profit corporation
Print Name:
Print Name: By:
Jacob Serfati, President
Date Executed:
STATE OF FLORIDA
SS:
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
2018, by Joseph Serfati as President of Chabad House of North Dade, Inc., a Florida not-for-
profit corporation, who (check one) [ ] is personally known to me or [ ] has produced
as identification.
Notary Public, State of Florida
My Commission Expires: Print Name:
M0477323 7) 7
SCI FUNERAL SERVICES OF
FLORIDA, INC., a Florida corporation
Print Name:
Print Name: By:
Curtis G. Briggs,Vice President
Date Executed:
STATE OF FLORIDA
SS:
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
2018, by Curtis G. Briggs, as Vice President of SCI Funeral Services of Florida, Inc., a Florida
corporation, who (check one) [ ] is personally known to me or [ ] has produced
as identification.
Notary Public, State of Florida
My Commission Expires: Print Name:
(WGT32 21 8
GRANTEE:
CITY OF AVENTURA, a Florida
municipal corporation
Ronald J. Wasson, City Manager
Attest:
City Clerk
Approved as to Form and Legal Sufficiency:
City Attorney
STATE OF FLORIDA
SS:
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
2018, by Ronald J. Wasson, as City Manager of the City of Aventura, a Florida municipal
corporation, who (check one) [ ] is personally known to me or [ ] has produced
as identification.
Notary Public, State of Florida
My Commission Expires: Print Name:
(W0477313 2 9
EXHIBIT "A"
LEGAL DESCRIPTION OF CHABAD PROPERTY
{W0477313 1 10
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 7254-14
3921ISW 47TH AVENUE. SUITE 1011DAV
14
CERTIFICATE IDA 3OF AUTHORIZATION : LB / 6448 CLIENT
PHONE (954) 689-7766 FAX (954) 689-7799 CHABAD HOUSE OF NORTH DARE
LAND DESCRIPTION AND SKETCH
LAND DESCRIPTION:
A PORTION OF NE 210TH STREET (MONTCLAIR WAY) AS SHOWN ON 'HALLANDALE PARK
NO. 11', ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 27, PAGE 39
OF THE PUBLIC RECORDS OF MIAMI/DADE COUNTY, FLORIDA. BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE WEST UNE OF TRACT 'A', *DONN ACRES*
ACCORDING TO THE PUT THEREOF AS RECORDED IN PUT BOOK 76, PAGE 30 OF THE
PUBUC RECORDS OF MIAMI/DADE COUNTY. FLORIDA MID THE NORTH UNE OF BLOCK 1
EXTENDED WEST. *HALLANDALE PARK NO. 11' ACCORDING TO THE PUT THEREOF AS
RECORDED IN PUT BOOK 27, PAGE 39 OF THE PUBUC RECORDS OF MIAMI/DADE
COUNTY, FLORIDA;
THENCE SOUTH 01'03'38' UST ALONG THE WEST UNE OF HARVARD AVENUE AS SHOWN
ON SAID PUT OF *HALLANDALE PARK NO. 11*, A DISTANCE OF 50.90 FEET TO THE
POINT OF BEGINNING;
THENCE SOUTH 65'41'00' EAST ALONG THE NORTHERLY RIGHT-OF-WAY UNE OF SAID
N.E. 210TH STREET, A DISTANCE OF 12.83 FEET;
THENCE CONTINUE ALONG SAID NORTHERLY RIGHT-Of-WAY LINE. NORTH 69'44'30'
EAST, A DISTANCE OF 597.79 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO
THE NORTHWEST;
THENCE NORTHEASTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY UNE AND ALONG THE
ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF
9058'30' AND AN ARC DISTANCE OF 39.70 FEET;
THENCE SOUTH 01'14'00' EAST, A DISTANCE OF 100.01 FEET TO A POINT ON A
TANGENT CURVE CONCAVE TO THE SOUTHWEST;
THENCE NORTHWESTERLY ALONG THE SOUTHERLY RIGHT-OF-WAY UNE OF SAID N.E.
210TH STREET AND ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET.
A CENTRAL ANGLE OF 69'01'30" AND AN ARC DISTANCE OF 38.84 FEET;
THENCE CONTINUE ALONG SAID SOUTHERLY RIGHT-OF-WAY UNE SOUTH 6744130'
WEST. A DISTANCE OF 435.26 FEET;
THENCE NORTH 001830' WEST, A DISTANCE OF 25.00 FEET;
THENCE SOUTH 8744'30" WEST, A DISTANCE OF 169.75 FEET;
THENCE NORTH 55'41'00 WEST, A DISTANCE OF 18.21 FEET;
THENCE NORTH 24'19'00' EAST. A DISTANCE OF 25.00 FEET TO THE POINT OF
BEGINNING.
SAID LANDS SITUATE, LYING AND BEING IN MIAMI/DADE COUNTY, FLORIDA; CONTAINING
27,802 SQUARE FEET MORE OR LESS.
REVISIONS DATE FB/PG OWN CKOrP OT'ADDRESS ;
LAND m4I
ONNION• ICa 03/0415 -___ RIC RIC LAND DESCRIPTION l 21001 BSCAYNE BLVD
Nano uao D[smmoa•arm Willis ____ y1 BEE B SKETCH
FOR ( SCALE: N/A
RIGHT-OF-WAY
VACATION ( SHEET 1 Of 3
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 7254-14 )
3921 SW 47TH AVENUE, SUITE 1011
DAVIE, FLORIDA 33314 CLIENT
CERTIFICATE OF AUTHORIZATION : LB # 6408 CHABAD HOUSE OF NORTH DADE
PHONE (954) 689-7766 FAX (954) 689-7799
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JFraa.00' 00
a-nPOr30* A �'
Amalfi'J `'aa A,
8017141707 141iI 104 N.6. NTH Intl
REVISIONS DATE ---- DWN co PPN1001 ADDRESS : 1
LAND o®nal 4 4M4Y1 uy/is ____ ac ncc LAND DESCRIPTION 21001 BSCAYNE OLVO 1
KOKO w4 uvtv,MM•WIWI Of/12/18. ___ AM AEC & SKETCH
FOR ( SCALE: 1'= 75' )
RICHT-OF-WAY
VACATION ( SHEET 2 OF 3
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 7254-14 )
3921SW 47DA AVENUE, SUITE 1011
DAVIE,
FLORIDA 33314CLIENT :
CERTIFICATETE OFF AUTHORIZATION : / 6446 CHABAD HOUSE OF NORTH DADE
•
PHONE (954) 689-7766 FAX (954) 689-7799
LAND DESCRIPTION AND SKETCH
LEGEND:
CKD CHECKED BY
DWN DRAWN BY
FB/PG FIELD BOOK AND PAGE
POB POINT OF BEGINNING
POC POINT OF COMMENCEMENT
P.B. PWT BOOK
M/D.C.R. MIAMI/DADE COUNTY RECORDS
POT POINT OF TERMINATION
HOTF%
1. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF
A FLORIDA UCENSED SURVEYOR AND MAPPER.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY,
EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD.
3. DATA SHOWN HEREON DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH.
4. THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR.
5. BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH UNE OF "DONN ACRES".
P.B. 76, PG. 30. M/D.C.R. SAID UNE BEARS N89143'00"E.
I HEREBY CERTIFY THAT THE ATTACHED "LAND DESCRIPTION AND SKETCH"
IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS
PREPARED UNDER MY DIRECTION IN SEPTEMBER. 2018. I FURTHER CERTIFY
THAT THIS "LAND DESCRIPTION AND SKETCH" MEETS THE STANDARDS OF
PRACTICE FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO
CHAPTER 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO
SECTION 472.027, FLORIDA STATUTES. SUBJECT TO THE OUAUFICATIONS
NOTED HEREON.
FOR THE FIRM. BY:
RICHARD E. COUSINS
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION NO. 4186
REVISIONS DATE FB/PG DWN CKD rroasn ADDRESS
1//100130107011 s MILK R1/04/15u arc LAND DESCRIPTION 21001 BISCAYNE BLVD
avow wo con. s sales 09/12/11 ---- ,w 11E0 & SKETCH
FOR (SCALE: N/A
RIGHT-OF-WAY
•
VACATION ( SHEET 3 OF 3 )
EXHIBIT "B"
LEGAL DESCRIPTION OF SCI PROPERTY
(W0477323 2) I
t COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 7254-14 )
3921 SW 47TH AVENUE, SUITE 1011 CUENT
DAVIE, FLORIDA 33314
CERTIFICATE OF AUTHORIZATION LB 0 6448 CHABAD HOUSE OF NORTH DADE
PHONE (954) 689-7766 FAX (954) 689-7799
LAND DESCRIPTION AND SKETCH
LAND DESCRIPTION:
A PORTION OF NE 210TH STREET (MONTCLAIR WAY) AS SHOWN ON 'HALLANDALE PARK
NO. 11", ACCORDING TO THE PUT THEREOF, AS RECORDED IN PLAT BOOK 27, PAGE 39
OF THE PUBLIC RECORDS OF MIAMI/DADE COUNTY. FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE WEST LINE OF TRACT 'A', 'DONN ACRES'
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 76, PAGE 30 OF THE
PUBUC RECORDS OF MIAMI/DADE COUNTY, FLORIDA AND THE NORTH UNE OF BLOCK 1
EXTENDED WEST, "HALLANDALE PARK NO. 11' ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 27. PAGE 39 OF THE PUBUC RECORDS OF MIAMI/DADE
COUNTY, FLORIDA;
THENCE SOUTH 8746'30' WEST ALONG THE WEST EXTENSION OF THE NORTH LINE OF
SAID BLOCK 1 AS SHOWN ON SAID PUT OF 'HALLANDALE PARK NO. 11', A DISTANCE
OF 25.16 FEET;
THENCE SOUTH 24'19'00' WEST ALONG THE EASTERLY RIGHT-OF-WAY LINE OF
BISCAYNE BOULEVARD, A DISTANCE OF 10.54 FEET TO A POINT ON A TANGENT CURVE
CONCAVE TO THE NORTHEAST, SAID POINT IS ALSO THE POINT OF BEGINNING;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 25.00
FEET, A CENTRAL ANGLE OF 9000'00' AND AN ARC DISTANCE OF 39.27 FEET;
THENCE SOUTH 65'41'00' EAST, A DISTANCE OF 19.70 FEET;
THENCE SOUTH 24'19'00" WEST, A DISTANCE OF 25.00 FEET:
THENCE SOUTH 65'41'00" EAST. A DISTANCE OF 18.21 FEET:
THENCE NORTH 89.44'30' EAST. A DISTANCE OF 169.75 FEET;
THENCE SOUTH 0015'30' EAST, A DISTANCE OF 25.00 FEET;
THENCE SOUTH 89'44'30" WEST ALONG THE SOUTHERLY RIGHT-OF-WAY UNE OF N.E.
210TH STREET, A DISTANCE OF 175.12 FEET;
THENCE NORTH 65'41'00' WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A
DISTANCE OF 43.42 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE SOUTH;
THENCE SOUTHWESTERLY ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID N.E.
210TH STREET AND ALONG THE ARC OF SAID CURVE. HAVING A RADIUS OF 25.00 FEET,
A CENTRAL ANGLE OF 9000'00' AND AN ARC DISTANCE OF 39.27 FEET;
THENCE NORTH 24'19'00" EAST ALONG THE EASTERLY RIGHT-OF-WAY UNE OF
BISCAYNE BOULEVARD, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE, LYING AND BEING IN MIAMI/DADE COUNTY, FLORIDA; CONTAINING
7,338 SQUARE FEET MORE OR LESS.
REVISIONS DATE F9/PG OWN CKD ( PQ^'A :
urn pppnNE•IMO Aye,/„ __-- PSC � l
c LAND DESCRIPTION 20955 eauYNE BLVD
Nemm IMO DOCIIPTION 9 a¢mi a/:V+N -_-- ,N NEC & SKETCH
FOR ( SCALE: N/A )
RIGHT-OF-WAY
VACATION ( SHEET 1 OF 3 )
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 7254-14 )
3921 SW 47TH AVENUE, SUITE 1011
DAVIE, FLORIDA 33314 CLIENT
CERTIFICATE OF AUTHORIZATION : LB 0 6448 CHABAD HOUSE OF NORTH DADE
PHONE (954)®_ 689-7766 FAX (954)yy689-7799 �.``\
.q...,47-
4.41s 4.4"80 X80 42."ion `A• rift
.POFION OF LOT I. .MR .a , -^k-"sob,
tb
NNP or re,OMIT wear a 63
BU¢vIRD 1 ' ;n, • iif
srvm 449
mu fSC E84 C� ; A` A
- - --"E : a 411 Psax Z
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—— I
15
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rI
15 15115
YI--
YiAfld I
1
I
It
__I NE. 90TH IAV ^IIk�
REVISIONS DATE FB/PG DWN CKD ® : 1
M M
L N. 101 a 82Leen --- es „E„ LAND DESCRIPTION ( 20953 B CAYNE moo J
MIND WO oor+nwl a LREu. 49/12/is —_ aN Ric & SKETCH
FOR ( SCALE: 1'= 75' )
RIGHT-OF-WAY
VACATION ( SHEET 2 OF 3 )
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 7254-14 3
3921 SW 47TH AVENUE, SUITE 1011
3921E FLORIDA 33314 CLIENT
CERTIFICATE OF AUTHORIZATION : LB j 6448 CRAW HOUSE OF NORTH DATE
PHONE (954) 689-7766 FAX (954) 689-7799
LAND DESCRIPTION AND SKETCH
LEGEND:
CKD CHECKED BY
DWN DRAWN BY
FB/PG FIELD BOOK AND PAGE
FOB POINT OF BEGINNING
POC POINT OF COMMENCEMENT
P.B. PLAT BOOK
M/D.C.R. MIAMI/DADE COUNTY RECORDS
POT POINT OF TERMINATION
NOTES'
I. NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF
A FLORIDA UCENSED SURVEYOR AND MAPPER.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY,
EASEMENTS, OWNERSHIP. OR OTHER INSTRUMENTS OF RECORD.
3. DATA SHOWN HEREON DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH.
4. THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR.
5. BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH UNE OF 'DONN ACRES',
P.B. 76, PG. 30, M/D.C.R. SAID UNE BEARS N89'43'00'E.
I HEREBY CERTIFY THAT THE ATTACHED "LAND DESCRIPTION AND SKETCH"
IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BEUEF AS
PREPARED UNDER MY DIRECTION IN SEPTEMBER, 20th. I FURTHER CERTIFY
THAT THIS 'LAND DESCRIPTION AND SKETCH' MEETS THE STANDARDS or
PRACTICE FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO
CHAPTER 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO
SECTION 472.027, FLORIDA STATUTES. SUBJECT TO THE QUALIFICATIONS
NOTED HEREON.
FOR THE FIRM, BY:
RICHARD E. COUSINS
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION NO. 4168
REVISIONS DATE FB/PG OWN CKD PROPERTY ADDERS:
LAND DESCIEPOONB NMI 03/0015 ____ ,2c RIC LAND DESCRIPTION 20955 164.4T9E BLVD
BevBm LAND DESCRIPTION•=TON m/iR/u ____ All ac
& SKETCH
FOR ( SCALE: N/A )
RIGHT-OF-WAY
VACATION ( SHEET 3 OF 3 )
EXHIBIT "C"
LEGAL DESCRIPTION AND SKETCH OF EASEMENT PROPERTY
(W04773232} 12
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 undersgned authorized representative of the indlvidaal or entity applying for the Development Permit,whe is identified in the accompanying
application,and the owner of the property subject to the application(it different)hereby lists and identifies all persons representing the iodvidual or entity
applying for the Deveopment Permit in connection with the application,as follows.
Name Relationship (ie Attorneys.Archaects.Landscape
Architects,Engineers, Lobbyists.Etc)
Richard E. Cousins Surveyor
Alan S. Rosenthal _ Attorney
(Attach Additional Sheets It Necessary)
NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT
SHALL RE 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.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.
WITNESS MY HAND THI517 DAY OF December 2d918
AUTHORIZED REPRESENTATIVE OF APPLICANT'. OWNER CHABAP�:�1�F NORTH DADE, INC.
By �!� //((��•�
(Signature) (Signet
Name. Name Jarnh Sprfati > Prpcidpnt
(Prinl) (Punt)
Title _ Tule: President
Address: _ Address21001 Biscayne Boulevard
Aventura, FL 33180
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me the undersigned authority personally appeared Jacob Serfati _ . orized representative of the
Applicant and/or the owner of the properly subject to the application, who being first by me duly :A.& did -•Irm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct. eitt
AFFIANT Ja ati , Pres'1 dent
SWORN TO AND SUBSCRIBED BEFORE ME thisl7 day of DerPmhP>_ al 18
s- 't RAWELWELLS Notary P cState of Florida A
�®®q, ���®®� . MY COMMISSIpY L FF 16349g Printed Name of Notary
xsTito. EXPIRES:January25,2019 My commission expires
T Bci?MThru Bagel NotaryServiw
•
gap
BUSINESS RELATIONSHIP AFFIDAVIT"
This Affidavit is made pursuant to Section 31-71(b)(2)(ii)of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that.
(mark with'x'applicable polions only)
$1 I Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which
the applicallon will be presented.
I ]2 Affiant hereby disdoses that it Ales nave a Business Reiationsh.p with a member of the City Commission or a City Advisory
Board 10#Inch the application will be presented,as follows.
(List name el Commissioner or Advisory Board Member) who serves on the
(List City Commission or Cily Advisory Board upon which member serves)
The nature of the Business Relationship is as follows-
Mr.t. Member of City Commission or Board holds 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, cotshareholder(as to shares of a corporalon which are not
listed on any national or regional stock exchange)or joint venturer with the Applicant or Representative in any
business venture:
I]iii. The Applicant or Representative rs 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 City Commission or
Board,
iv A City Commissioner or Board member is a Client of the Applicant or Representative.
II v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her
employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or
his or her employer)in a given calendar year:
(]vi. The member of the Chy Commission or Board is a Customer of the Applicant or Representative and transacts
more than 525.000 00 of the business of the Applicant or Representative in a given calendar year
WITNESS MY HAND THIS 17 DAY°December 2638
APPLICANT/ , 111 CHr :eD HOUSE OF NORTH DADE, INC.
By (Byname)Name da � - at i (Print)
Tale. President (Polio
WITNESS MY HAND THIS 17 DAY OFfPremher _.200i18
PROPERTY OWNER
By. (Spnawre)
Name (Punt)
Title (Print)
'The terms 'Busness Relationship" tied' "Customer." 'Applicant," 'Representative"and interested Person" are defined in
Section 2-395 of the Aventura City Code
BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavit is made pursuant to Section 31-71(b)(2)(ii)of the City of Aventura Land Development Code. The undersigned Affiant hereby disdoses that:
(mark with"x"applicable portions only)
[j 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.
NI 2 Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory
Board to which the application will be presented,as follows:
Robert Shelley (List name of Commissioner or Advisory Board Member) who serves on the
Ci ty Cnmmi c c i off (List City Commission or City Advisory Board upon which member serves).
The nature of the Business Relationship is as follows:
(J 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;
(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;
(]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;
N iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
Robert Shelley
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$10,000.00 of the business of the member of the City Commission or Board(or
his or her employer)in a given calendar year;
[j vi, The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts
more than 325,000.00 of the business of the Applicant or Representative in a given calendar year.
WITNESS MY HAND THIS 7 •. -sF JANUARY ,2d9
1
APPLICANT
1111111
BY ,..-_ ,rel
Na .-. 1111t; .'1111 :irr.:xa� 41 . -- -itY7n1)
Title:i__ (Print)
WITNESS MY HAND THIS 7 DAY or:_JANUARY ,20[x9
PROPERTY OWNER:
By. _ (Signature)
Name: .. (Print)
Title: — — —(Print)
'The terms Business Relationship," Client' "Customer," Applicant,' 'Representative'and 'Interested Person'are defined in
Section 2-395 of the Aventura City Code
WITNESS MY HAND THIS 17 DAY OF Der emher 2aQ$
REPRESENTATIVE (Listed on Business Relationship Affidavit)
By (Sgnature) By _ (Signature
Name. Richard E. Cousiignv Name: (Prim)
Title: S/rveyor 14?)ent) Title: (Pool)
By: JjC/ 1 C JSignamre) By_ _ (Signature
Name. Alan S. Rosentha(Prinl) Name (Print)
Title: _Attorney (Pont) Title: _ (Prim)
By: - (Sgnature) By (Signature
Name' _(Pring Name _- (Prim)
Title, _ _ (Pint) Title. (Prim)
By: (Signature) By _._ _(Signature
Title: (Print) Title. - _(Pang
Title. _ (Ping Title. (Print)
By__ _(Sigoaune) By. _.__--._ —(Signature
Title - (Pont) Title: _ (Print)
Title: _. _(Pring Title. - _ (Punt)
By (Signature) By: (.Signature
Title: (Print) Title _ (Print)
Title:_ print) Title (Ppm)
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.71-71(b)121(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.Me undersigned auth«rry.personally appearedldCOb Serfat1 the Mani. JS by me duly sworn.did swear or affirm mat he/she
executed this Affidavit la the purposes slated therein and heat it is Nue and erred 1001‘
T
AFFIANT) 'T ati , PResident
SWORN TO AND SUBSCRIBED before melbal7_ day of Decembe170ol�habad House of North Dade, Inc.
Notary Public State of Foga At Large
Printed Name of Notary
My comn,son expires _
STATE OF FLORIDA )
COUNTY OF MIAMI DADE)
ned aumorl i chard E. Cousinns
Before me.the undera
g ry.personally doped me Afianl who being first by me duly sworn,did swear or affirm Nat ileriM
euecuteb tNSAfbdawl for Me purposes staled therein and that it is true and correct.
AFFiANr Ri chard E. Cousins
SWORN TO AND SUBSCRIBED bebre me this_ 17.day opecember 20018
Notary Public State of Florida At Large
Pnnted Name of Notary
commission commission oepims: _
STATE OF FLORIDA )
COUNTY OF MIAMI DADE)
Bebe ma,me undersigned al:Mprl _Alan S. Rosen tbA 2
gn ry,personally appear nt.who being firs - -..u1R1r .r rt affirm That helshe
executed Nis Affidavit for purposes slated therein and that it is true and correct.
AFF T
SWORN TO AND SUBSCRIBED before me Nis 17 day cOecembe r 201018 /
�µr su4t RAQUELWEILS Notary is Stale et Fonda At Large
• MY COMMISSION IFF 163449
EXPIRES:January 25,2019 Ponied Name of Notary.
Form° Barbed TBru Budget Nobly Serdce My mmmrssm e*plres _
STATE OP FLORIDA )
COUNTY OF MIAMI-DADE)
Before me.he undersigned autronty,personally appeared the Aaianl,who being firs!by me duly sworn,did swear or Arm that heshe
executed Mrs AfFgewt for the purposes staled therein and that it is Weand tarred.
AFFIANT
SWORN TO AND SUBSCRIBED before me this day of ... _200_
Notary Public State of Fbdde Al Large
Printed Name of Notary
My mmmrssron expires.- _ _
MIMESSen NANO THIS U_.DAY OF Onremher nu
NEPRESENtAINE'.nfle]m O PYuit raked)
).64 ww+o B, — T
BY
_
Nme Richard E. CousipAro Sale _ 5^^1
nee Surveyor — Om' 1a - - _ - --OA
Nam. AlinS...11OSEBt)1avvv1 Nmw. /Rm.
me Attorney MW ;AI -- . —(Alai
(59m'uU BY _(Sgvwlwe
Nene -_ _ - _Pee) Nm-__._ -._tem,
Tae- mm
By
_ _layarwel B — _(Symp.
11 A�
(Reel itt. .. _..(ATI)
TAb
(MOO TOO __ _122.12)
BY:- 65.7 ass, BY.. _. . - (SKY&1"7
__ _ lYuxl ea _ _ (Rol
tlyM (*win) UV.. _(Wawa
TM 1A.4 TPA_ _(Aa°
raa.
m*) rne.. _mry
NOTE- n UtauplNew slab p m[bsM ploeenettontee BepeimWwetlks
2)Amlkaan we,Ammb H"""110 Amy,wrw.,.a ml,Alaeeal rhn�wwe Set
a 1/IlbX J1 lor
he(1iri Tera Development agmY:.n in Sc City rae...n me event
r lwa>the City Bo.N u,C1 ,o,YWienOe Irt moor W m o-erathe AfiAdi lmmel nu rvme,
.r werle�
NOTARIWIONIENOOION
wwn'nwwww nallobe PM.
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m.pviimaw+: .awK
APFIm Jacbb"Serft i, PRe si dent
smw+o wuswsr>,aasem..rrll yrm De4eabetmlg
pabad House of North Dade, Inc.
Tine;w.:eiv.ar
PATE CE FLGMA
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. yW Ww lu R-.a �� p
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wn � t
NITwb.•aW,;,Aallia blbnir+�w t7Fsa
roe cpiDA
convrcon.. 1 pian S. Rosent )y.,�yywpq dfl. aura✓ ev�aw•
eon.. t s$energises wan SM!S9MN
mimes WYwtrnwP.war.eu.a ae MYmnewm+.
•a.v. Man S. Rosenthal
sates rows s,e•weaow••mu.•17 en=December anlf
Pisa Net suitciFoaamw..
n__ _Wan
t. ym.SWIM re.1pfseaubut Poor Nr m+ n•.y,%dears by,.w„o.ao m..,tams.
saw+.o.wamueeeuyt....•, mato . t
RESOLUTION NO. 2019-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ABANDONING THAT PORTION OF NE 210
STREET (MONTCLAIR WAY) BETWEEN BISCAYNE BOULEVARD
AND NE 30 AVENUE IN THE CITY OF AVENTURA, AS SHOWN ON
THE PLAT OF HALLANDALE PARK NO. 11, RECORDED IN PLAT
BOOK 27, PAGE 39 OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA; PROVIDING FOR RECORDATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Applicant, Chabad House of North Dade Inc., through
Application No. 01-AR-18, has requested abandonment of that portion of NE 210 Street
between Biscayne Boulevard and NE 30 Avenue measuring approximately 680 feet
long and 50 feet wide, on the plat of Hallandale Park No. 11, City of Aventura, Florida;
and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 01-AR-18 for abandonment of the portion of NE
210 Street between Biscayne Boulevard and NE 30 Avenue on the plat of Hallandale
Park No. 11, legally described in Exhibit "A" to this resolution is hereby granted as in the
public interest, subject to the following conditions:
1. That the applicant provide, in form satisfactory to the City Manager and City
Attorney, and record at its expense in the Public Records of Miami-Dade
County, a Declaration of Restriction confirming that the right of way of NE 210
Street, once abandoned, will continue to be used for private road purposes and
will be improved, operated and maintained by the applicant for that purpose in
perpetuity.
2. That the applicant provide, in form satisfactory to the City Manager and City
Attorney, and record at its expense in the Public Records of Miami-Dade
County, an Easement in favor of the City of Aventura, conveying a non-exclusive
perpetual easement in, over and through the easement property for public
vehicular and pedestrian access and for construction, maintenance, repair and
operation of public utilities.
City of Aventura Resolution No. 2019-
3. That the applicant grant a Utility Easement for all utilities within the right of way,
including Miami-Dade Water and Sewer Department, Bell South, and Florida
Power and Light, and record the easement in the Public Records of Miami-Dade
County.
4. That the applicant provide, in form satisfactory to the City Manager and City
Attorney, a Quit Claim Deed from One Aventura Executive Center Condominium
to Chabad House of North Dade, Inc. for its portion of the abandoned right of
way and record the Quit Claim Deed in the Public Records of Miami-Dade
County.
5. That the applicant provide to the City, the voluntary donation to the Don Soffer
Aventura High School of$270,000 as proffered in its Letter of Intent.
Section 2. The City Manager is authorized to indicate such approvals and
conditions upon the records of the City.
Section 3. This Resolution shall be recorded in the Public Records of Miami-
Dade County, Florida, with the petitioner to pay the costs thereof.
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 Gladys Mezrahi
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Dr. Linda Marks
Mayor Enid Weisman
Page 2 of 3
City of Aventura Resolution No. 2019-_
PASSED AND ADOPTED this 8th day of January, 2019.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this day of , 2019.
CITY CLERK
Page 3 of 3
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission 40
FROM: Ronald J. Was • I,
City Manager
BY: Joanne Carr, AICP
Ne—
Community Development Director
DATE: January 4, 2019
SUBJECT: Request of Granite Aventura LLC for Conditional Use Approval to permit
the establishment of a limited-service hotel in combination with a
multifamily residential development in the RMF4, Multifamily High Density
Residential District, on property located at northwest corner of NE 185
Street and NE 28 Court, with municipal address 2785 NE 185 Street, City
of Aventura (05-CU-18)
January 8, 2019 City Commission Meeting Agenda Item (0 (-
RECOMMENDATION
It is recommended that the City Commission approve the application for conditional use
approval for the establishment of a limited-service hotel in combination with a
multifamily residential development in the RMF4, Multifamily High Density Residential,
District, with the following conditions:
1. The applicant shall obtain building permits for the proposed development within
12 months of the date of the approving resolution, failing which this approval
shall be void. The applicant may request one six month extension of time to
obtain building permits and the City Commission may, by resolution or motion,
grant such extension of time upon showing of good cause by the applicant.
2. Plans shall substantially comply with the plan set submitted with this application,
titled "Port Aventura Mixed Use, 2785 NE 185 Street, Aventura, FL, Conditional
Use Application, Revision 3", dated November 2, 2018.
3. Any discontinuation of the approved conditional use for a period of 180
consecutive days shall constitute abandonment and shall rescind the approval of
the conditional use. Renovation or reconstruction of the same use shall be
subject to the provisions of the City Code.
4. The combination multifamily residential/limited-service hotel use shall comply
with Section 31-143(f)(2a)f. of the City Code.
5. Prior to issuance of a building permit for the proposed development, the applicant
shall:
(i) Provide a recorded copy of the following documents to the City, in form
satisfactory to the City Manager and City Attorney:
a) A Restrictive Covenant and a signed copy of a Valet Parking Agreement,
in form satisfactory to the City Manager and City Attorney, to evidence
compliance with City Code Section 31-171(6)i. regulating operation and
maintenance of the parking lifts, and
b) A Restrictive Covenant to confirm that the tandem parking spaces will be
assigned only to the same unit, and
c) A Restrictive Covenant to confirm that the access door from the hotel to
the emergency exit between the hotel and residential uses shall be open
only for emergency purposes and shall be locked at all other times to
prohibit access between the hotel and residential uses, and
d) An amendment to the Restrictive Covenant in Lieu of Unity of Title
recorded in ORB 21678, page 547, to include the approved plans listed in
this approval report, and
e) An Agreement detailing the Transportation Demand Management
strategies as required by Section 31-143(f)(2a)f. of the City Code.
All costs of recordation of the documents shall be at the owner's expense.
(ii) Obtain a Public Works permit for road improvements shown in the plans
submitted with this application, and shall provide confirmation that the
applicant has fulfilled public school concurrency requirements.
(iii) Fulfill the terms of an Agreement between the City and the applicant dated
September 28, 2018 and approved through Resolution No. 2018-87.
6. Prior to issuance of a Temporary Certificate of Occupancy or Certificate of
Occupancy for the development, the applicant shall provide the following
documents to the City:
(i) Provide an as-built survey in paper and electronic format.
(ii) Provide an Elevation Certificate, in form satisfactory to the City Manager,
evidencing compliance with City Code floodplain regulations.
2
(iii) Install a radio bi-amplification system if determined to be necessary by the
Aventura Police Department.
(iv) Complete all road improvements as shown in the approved plans and in the
Public Works permit from the City of Aventura.
THE REQUEST
The applicant, Granite Aventura LLC, is requesting Conditional Use Approval to permit
the establishment of a limited service hotel in combination with a multifamily residential
development in the RMF4, Multifamily High Density Residential, District, pursuant to
Section 31-143(f)(2a)f. of the City Code, for property located at the northwest corner of
NE 185 Street and NE 28 Court, City of Aventura. The applicant's Letter of Intent is
attached as Exhibit#1 to this staff report.
BACKGROUND
OWNER OF PROPERTY Granite Aventura LLC
APPLICANT Granite Aventura LLC
ADDRESS OF PROPERTY 2785 NE 185 Street
Northwest corner of NE 185 Street and
NE 28 Court
See Exhibit#2 for Location Plan
LEGAL DESCRIPTION Tract A of Merco at Aventura, according to the
plat thereof as recorded in Plat Book 166,
Page 58 of the Public Records of Miami-Dade
County, Florida
EXISTING ZONING RMF4, Multifamily High Density Residential
District
FUTURE LAND USE DESIGNATION Medium-High Density Residential
Zoning —
Subject property: RMF4 Multifamily High Density Residential District
Property to the North: B2 Community Business District
Property to the South: RMF4 Multifamily High Density Residential District
Property to the West: B2 Community Business District
Property to the East: RMF3A Multifamily Medium Density Residential
Existing Use—
Subject property: Vacant Land
Property to the North: Commercial Plaza
3
Property to the South: Residential Townhomes
Property to the West: Commercial Plaza
Property to the East: Residential Townhomes
Future Land Use Designation - According to the City of Aventura Comprehensive
Plan, the following properties are currently designated as follows:
Subject property: Medium-High Density Residential
Property to the North: Business and Office
Property to the South: Medium-High Density Residential
Property to the East: Medium-High Density Residential
Property to the West: Business and Office
The Site - The subject site is vacant land located at the northwest corner of NE 185
Street and NE 28 Court.
Comprehensive Plan and Land Development Regulations - The limited-service
hotel use in combination with multifamily residential use in the RMF4, Multifamily High
Density Residential District required an amendment to the City's Comprehensive Plan
and Land Development Regulations.
The comprehensive plan amendment was approved by the City Commission through
Ordinance No. 2018-13 passed on September 4, 2018. This amendment has been
approved by the State as confirmed by letter dated October 31, 2018. The amendment
added language to Policy 2.1 of Objective 2 of the Land Use Goal to include limited-
service hotels in combination with multifamily residential uses as a permitted type of
development in the Medium-High Density Residential land use category.
The amendment to the Land Development Regulations was approved by the City
Commission through Ordinance No. 2018-14 passed on September 4, 2018. The
amendment added a definition of limited-service hotels and added a text amendment to
allow limited-service hotels as a conditional use in the RMF4, Multifamily High Density
Residential District, with certain conditions. The definition and conditions of use are
listed below.
Definition - 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 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.
Text Amendment -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:
4
• 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
• Retail and restaurant uses shall be permitted as accessory uses; and
• 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
• The gross floor area of the hotel use shall not exceed 33% of the gross floor area
of the building; and,
• Hotel rooms shall meet the criteria in Section 31-144(c)(1)dd; and
• 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
• The hotel use shall have its own separate driveway entrance/exit and its own
separate lobby; and
• 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.
The Project — The applicant has submitted an application for Administrative Site Plan
Approval to construct a 170 room limited-service hotel in combination with a 204 unit
multifamily residential development. The building is 18 stories and 186'6"tall.
The development has been designed to address all of the conditions of the text
amendment above, as follows:
• The property shares a common lot line on two sides with other parcels that are
zoned B2, Community Business District.
• Retail and restaurant uses will be accessory uses only, that is, for the use of
building occupants.
• As proposed, approximately 3% of the gross building area is devoted to hotel
amenities.
• The gross floor area of the hotel use is approximately 31% of the gross floor area
of the building.
• Hotel rooms meet the criteria of the City Code at a minimum of 302 square feet.
• The hotel use and the residential use are designed in separate vertical blocks.
• The hotel use has been designed with its own separate driveway entry/exit onto
NE 185 Street and its own separate lobby.
• The applicant has provided a draft agreement detailing its Transportation
Demand Management Strategies. The agreement, in a form substantially
complying with the draft attached as Exhibit #3 to this report and satisfactory to
the City Manager and City Attorney, will be recorded by the applicant. This
agreement provides for annual evaluation by the applicant and review by the City
Manager.
5
• The applicant will construct the right of way improvements shown on the plans
submitted with this application, including reconfiguration of the turn lane on NE
185 Street.
Residential unit sizes range from 805 square feet for 13 efficiency units, 900 square feet
for 76 one bedroom units and 1050 to 1200 square feet for 115 two bedroom units.
Residential amenities are on the sixth and rooftop level.
The hotel units are 320 square feet to comply with the minimum size proscribed by City
Code. Hotel amenities are located on the sixth and rooftop levels, separate from the
residential amenities.
There are four levels of parking, with hotel valet parking and residential self-parking
separated by access gates. A total of 561 spaces are required by City Code and
562 spaces are provided. There are 74 spaces with mechanical lifts, which are subject
to operational and maintenance requirements in Section 31-171(6)i of the City Code.
There are 21 tandem spaces, which are subject to a Restrictive Covenant to ensure that
these spaces are sold or leased to one unit. Tandem spaces are permitted but do not
count towards required parking spaces.
Residential access is by way of NE 28 Court to a separate residential lobby and
elevators. Hotel access is by way of NE 185 Street, again with separate hotel lobby and
elevators. There is an emergency only exit elevator between the two uses; however,
this access is locked from the hotel side to prohibit access between the two uses. In the
event of an emergency, the hotel access will open to the elevators.
Landscaping is provided at ground level, at the sixth floor hotel amenity level and at the
rooftop amenity level.
The site plan, building elevations and landscaping on Levels 1, 6 and rooftop are
attached as Exhibit#4 to this report.
As submitted, the site plan complies with the RMF4 District site development criteria
and previous approvals. The maximum height approved by the 2003 approval is 19
stories or 186'6". The proposed building is 18 stories and 186'6". The maximum
permitted floor area is 376,358 square feet, where 374,178 square feet is proposed.
Traffic Study — The City's Comprehensive Plan and Land Development Regulations
contain level of service standards for roads within the City. Traffic impacts of the 205
residential units approved in 2003 were addressed at the time of that approval. The
impact of the additional 170 hotel rooms on the intersections surrounding the
development have been calculated in the current Traffic Study submitted by the
applicant and reviewed by the City's Traffic Engineering Consultant. The study shows
that the proposed development does meet the roadway level of service standard.
6
School Concurrency — In accordance with the Interlocal Agreement for Public School
Facility Planning between the School Board and the City adopted by the City in January
of 2008, the application has been reviewed for school concurrency. The School Board
has advised that adequate school facility capacity is not available for the fifteen (15)
elementary students to be generated by the proposed residential dwelling units and
therefore, the level of service standard is not met. This lack of capacity is to be satisfied
by the applicant's purchase of fifteen (15) seats from an existing school mitigation bank,
at a cost of $350,085. The applicant has agreed to this monetary proportionate share
mitigation and payment is confirmed by Agreement between the School Board, the City
and the applicant. This mitigation amount will be offset by a $306,000. impact fee
credit.
To further mitigate impacts of additional high school students that may be generated by
this development, the applicant has agreed to voluntarily proffer a $1 million contribution
to the City towards the capital and operating costs of the Don Soffer Aventura High
School. This proffer has been confirmed by agreement between the City and the
applicant, which agreement has been approved on October 18, 2018 through
Resolution No. 2018-87.
HISTORY
This site is Tract A on the plat of Merco at Aventura. The original development approval
in 2003, named "Aventura Landings" and "Terzetto" included construction by the
developer of the extension of NE 185 Street (Miami Gardens Drive) from NE 27 Avenue
to NE 28 Court. Three separate development types were approved; those being, a 19
story, 186'6" tall, 205 unit residential condominium tower on the site subject of this
application, a 3 story, 35' tall, 62 unit townhome development at the southwest corner
and a 13 story, 206'10", 138 unit residential loft condominium at the southeast corner.
Development of the townhome parcel is completed and occupied. A synagogue was
built on the loft condominium parcel. The synagogue parcel retains its development
rights to a 138 residential condominium.
The nine acre parcel was originally zoned B2, Community Business District. Prior to
2003 administrative site plan approval for the original development plan, the owner
applied for and was granted an amendment to the future land use map to change the
land use designation from Business and Office to Medium High Density Residential and
amendment to the zoning map to change the zoning designation from Community
Business District to Multifamily High Density Residential District. The owner also
received variance approvals on Tract A for reduced separation distance between
driveways and allowance for sun shadow. These variances remain in effect.
The development rights for all three parcels are preserved by an existing Declaration of
Restrictive Covenants in Lieu of Unity of Title recorded in ORB 21678, page 547 of the
Public Records of Miami Dade County as part of the original development order. The
7
parcel subject of this report retains the approved density of 205 units and the approved
height of 19 stories or 18616" for this residential condominium parcel.
In 2015, the present owner submitted a proposal for development of a 203 unit, 18
story, 186'6" high residential building. This was approved through Administrative Site
Plan Approval issued on July 28, 2015.
In 2016, the present owner submitted a revision for a 158 unit, 18 story, 186'6" high
residential building. This was approved through Administrative Site Plan Revision
Approval issued on May 16, 2016.
ANALYSIS
Citizen Comments — As of the date of writing of this report, the Community
Development Department has received no written citizen comments about this
application. Staff has received several telephone inquiries relating to this
development's impacts to traffic at the corner of NE 185 Street and Biscayne Boulevard.
Community Development Department Analysis — The property is located in the
RMF4, Multifamily High Density Residential District. The proposed limited-service hotel
in combination with multifamily residential use is permitted if first approved as a
conditional use.
The applicant's attached Letter of Intent describes its compliance with the criteria for
approval of conditional uses.
Criteria
The guidelines for approval of conditional uses as required by Section 31-73(c) of the
City's Land Development Regulation states:
"General Standards of review. In addition to the standards set forth in these LDRs
for the particular use, all proposed conditional uses shall meet each of the following
standards:"
(a) The proposed use shall be consistent with the comprehensive plan.
The proposed use is consistent with the City of Aventura Comprehensive Plan. The
future land use designation for this property is Medium-High Density Residential. This
future land use category allows limited-service hotels combined with multifamily
residential use.
(b) 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 or operation of the proposed development will not be
detrimental to or endanger the public health, safety or general welfare.
8
(c) The proposed use shall be consistent with the community character of the
immediate neighborhood of the proposed use.
The proposed limited-service hotel and residential uses are consistent with the
community character of the immediate neighborhood. To the north and west are
commercial plazas. To the south and east are residential townhomes.
(d) 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.
Utilities, roadway capacity, drainage and other necessary public facilities, including
police, fire and emergency services, either exist at the City's adopted levels of service
or will be available concurrent with demand.
(e) 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.
Adequate measures have been designed to provide ingress and egress to the proposed
use in a manner that minimizes traffic congestion in the public streets. The
entrance/exit for the hotel on NE 185 Street and residential uses on NE 28 Court are
designed to separate the commercial and residential traffic.
(0 The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district.
The establishment of the conditional use will not impede the development of
surrounding properties for uses permitted in the zoning district. All surrounding
properties are developed in a manner permitted in the zoning districts.
(g) The design of the proposed use shall minimize adverse effects, including visual
impacts, of the proposed use on adjacent property through the use of building
orientation, setbacks, buffers, landscaping and other design criteria.
As described in the applicant's attached Letter of Intent, the building proposed has its
long axis oriented east-west to maximize the southerly aspect, wrapping the residential
component on a short axis north-south along NE 28 Court. The podium fronts and
addresses both rights-of-way of NE 185 Street and NE 28 Court, separating residential
and hotel traffic at two distinct drop-off nodes. The podium garage levels are lined with
decorative metal cladding and include irregular green screen infill to soften the fagade.
The sixth level amenity deck faces south and is shielded from both the north and east.
The ground level, sixth level amenity deck and rooftop garden amenity all have
landscaping to minimize the extent of hardscape.
9
akerman ���CmFAVEiv4L.
Nelsen O.Kasdin
Jli^! — 7 2018 Akermanuv
Three Brickell Cay Centre
98 Southeast Seventh Street
MJfl7A Suite 1100
Miami,FL 33131
T:305 374 5600
June 7,2018 F:305 374 5095
Joanne Carr,Community Development Director
City of Aventura
19200 West Country Club Drive
Aventura, FL 33180
Re: Letter of Intent—Conditional Use Approval&Amendment for Site Plan Application
Port Aventura—Limited Service Hotel and Multifamily Residential Use
Dear Ms. Carr:
On behalf of the Applicant, Granite Aventura LW (the "A licant"),
intent requesting Conditional Use review and approval please
hotel use combined with a multifamily residential use (the "Proo`sed Project") oncvacant ept spropertyr of
(the "Aoolication") to allow alimited-service
located at the northwest corner of NE 28 Court and NE 185 Street (folio no: 28-2203-082-0630 - the
Pr°pgme). The Property is zoned RMF4, se
Multifamily High Density Residential; and the future land use
designation is Medium-High Density Residential.
The Property 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
Property also abuts Aventi townhome complex, Terzetto Villas,and Gateway Centre offices,and is catty-
corner to the Lubavitch Aventura South Chabad Synagogue("5 na o ue").
Previous Aioo
The Property is part of a master planned development that included multiple parcels and was
originally Plannoknown
as
Ave tura Landings (the "2004 A_ royals"). The Property
Approved P rty is identifiedmuin the 2004
HJghrise, which was allotted 205 residential condominium units.
Aed approvals for a
Property val(cant administrat administrative proctained ess in 2015 and 2016.high-end
2015, the City of Aventura condominium
Ci project on r the
development of an 18-story residential condominium tower with 203 units via Site Plan Approval
14 (the "2015 Aoorovals" � ("Cite) authorized
14d approved )' thereafter, the City authorized modifications to the proposed development
anan 18-story 158 unit project via Site Plan Approval O5-5P-15
("20162016—ams")
(collectively the"A royals"). The proposed Application is an amendment to the previous Approvals.
akerman.com Exhibit 1
45310327;305-CU-18
Joanne Carr
June 7,2018
Page 2
Proposed Uses
has become The concept of permitting both residential and hotel uses within a high residential density area,
nt
l is
business districts such aular tbus buel for siness travelers ouldsutilizeethe hotel uusely and residriate for areas ent could live in closer
proximity to their offices,community and places of worship.
The Applicant originally obtained approvals for 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 a multifamily residential use
combined with Limited-Service Hotel use would be most appropriate for the Property. Both uses are in
demand and would be valuable additions to the City.
Proposed pro.1 ct
The Proposed Project contemplates 170 hotel rooms and 204 residential dwelling units. The
residential units and hotel rooms are physically separated by an emergency egress corridor, and there
will be no access between the two uses in the tower; although they will share a common emergency
egress and will be connected by a parking garage (which will be separated according to use). The
residential units and hotel rooms have separate entry and exit access points and separate lobbies.
The Proposed Project 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.
Compliance with Conditional Use Review
Conditional use application requirements are outlined in Section 31-73(b) of the City Code
("Application Re uirements"). Please find enclosed Application Requirements including: a site plan
prepared by Arquitectonica (dated lune 7, 2018), survey, application fees, and signed application
documents (including the ownership affidavit).' Applicant also meets the general standards of review,
outlined in Section 31-73(c), as described in detail below. The code criteria are bolded and underlined,
and Applicant responses are italicized.
'Applicant also meets the Application requirement outlined in Section 31-79(d)-(f);see enclosed site plan and surveys.
45310327;3
Joanne Carr
June 7,2018
Page 3
(c) General standards of review. In addition to the standards set forth in these LDRs for the
particular use,all proposed conditional uses shall meet each of the following standards:
J1) The proposed use shall be consistent with the Comprehensive Plan.
The Proposed Project is consistent with the City's Comprehensive Plan amendment, which
will allow Limited-Service Hotels combined with Multifamily Residential Mixed Use in the
Medium-High Density Residential Future Land Use Category.
Further, the Application is consistent with and in furtherance of the goals, objectives and
policies of the City's 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);
• 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).
45310327;3
Joanne Carr
June 7,2018
Page 4
Finally, The Application 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.
(2) The establishment, maintenance or operation of the proposed use shall not be detrimental
to or endanger the public health,safety,or general welfare
The Proposed Project will serve and benefit the surrounding community, and none of the
proposed uses will be detrimental to the public health,safety or general welfare of the City.
13) The proposed use shall be consistent with the community character of the immediate
neighborhood of the proposed use.
The proposed limited-service hotel and multifamily residential use would allow for the
redevelopment of the Property to serve the immediate community and neighboring Synagogue.
The Property 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" which was recently approved for office and retail use. The Property also abuts
Aventi townhome complex, Terzetto Villas, and Gateway Centre offices, and is catty-corner to
the Synagogue.
The Property provides a prime location for a mixed-use project, based on its proximity to
existing commercial retail and service uses, and a growing and vibrant Synagogue. Therefore,
the Proposed Project will be consistent with the character of the neighborhood.
(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 theses LDRs•
The Project is in compliance with the level of service requirements for Potable Water,Sanitary
Sewer, Traffic, Moss Transit and Storm water Management pursuant to Section 31-239 of the
City Code, as further described in Exhibit A. 2
15) 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 entrance for the residential units and hotel rooms have separate entry and exit access
points and separate lobbies. Therefore, traffic will be split effectively onto two streets for the
distinct uses, and the residential traffic will be diverted from Miami Gardens Drive.
(6) The establishment of the conditional use shall not impede the development of surrounding
properties for uses permitted in the zoning district;and
2 In addition,the Proposed Project will comply with Police Level of Service as follows:In accordance with Section 2-301 Police
Service Impact Fees, police services impact fees shall be paid at the time of building permit as required, based on the police
services impact fee amount set forth in subsection(d).
45310327;3
Joanne Carr
June 7,2018
Page 5
The conditional use will enhance the development of surrounding properties. The Property
abuts a B-2 Commercial zoning on its north and west sides. The abutting B-2 zoned commercial
retail shopping center to the north includes Mo's Bagels,Addison House, Miller Paint and other
commercial retail uses. The abutting 8-2 zoned commercial property to the west was recently
approved for an office and commercial retail use. The Property is located just west of the
Aventi townhome complex, and north of Terzetto Villas and the Gateway Centre offices. The
property is also catty-corner to the Synagogue.
The proposed limited-service hotel and multifamily residential use is appropriate given the
proximity of a variety of uses. The Proposed Project will serve the immediate community and
neighboring Synagogue. The growing community can utilize both aspects of the hotel and
residential uses, which would also benefit the surrounding area. The Property provides a prime
location for a mixed-use project, as it sits between existing commercial retail and service uses,
and adjacent to a growing Synagogue.
(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 Proposed Project will improve the visual impacts of the currently vacant lot, resulting in a
beautiful and quality mixed-use project. The building has its long axis oriented east-west to
maximize the southerly aspect, wrapping the residential component on a short axis north-south
along NE 28th Court. The podium fronts and addresses both right of ways, separating
residential and hotel traffic at two distinct drop off nodes. Street level facades activate both
frontages with separate residential and hotel active uses. The facades are softened with
curvilinear forms.
The residential building is animated with balconies with angled breaks, and the hotel with
similar but distinct - more subdued horizontal bands. The podium garage levels are lined with
decorative metal cladding and broken with an irregular pattern of green screen infill. The
amenity deck faces south and is tucked into the form shaped by the upper building, and as such
is shielded from both the north and east. The ground level, amenity deck and high roof all have
landscape planting to minimize the extent of hardscape.
Compliance with Land Development Regulations RMF 4 Zoning District Regulations
The Application complies with Section 31-143(f), consistent with the text amendment in
process, which permits a Limited-Service Hotel use combined with Multifamily Residential use in the
RM F4 Multifamily High-Density Residential subject to conditional use review and approval, and subject
to meeting certain criteria as described below.
453103273
Joanne Carr
June 7, 2018
Page 6
Sec.31-143.-Residential Zoning Districts.
(fl Multifamily Hiatt Density Residential Districts(RMF4). The following regulations shall apply to all
RMF4 Districts.
12a1(fl Conditional uses.The following uses may be established if first approved as a conditional
use:
a) 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 1B2)District on the City's Zoning Map.
The Property abuts a B-2 Commercial zoning on its north and west sides. The
abutting 8-2 zoned commercial retail shopping center to the north includes Mo's
Bagels, Addison House, Miller Paint and other commercial retail uses. The abutting
6-2 zoned commercial property to the west was recently approved for an office and
commercial retail use[the "Cabi site"located at 2777 NE 185 Street].
b) Retail and restaurant uses shall be permitted as accessory uses.
Proposed retail and restaurant uses as shown on the site plan are accessory uses.
c) 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'
As proposed, approximately 3% of the gross building area is devoted to hotel
amenities,excluding ground floor retail and restaurant uses.
d) The gross floor area of the hotel use shall not exceed 33% of the gross floor
area of the building;and
As proposed, the gross floor area of the hotel use is approximately 30%of the gross
floor area of the building.
e) Hotel rooms shall meet the criteria in Section 31-144(c)(1)dd.
The proposed hotel rooms meet the criteria of Section 31-144(c)(1)(dd).3
The Proposed Project complies with Section 31-144(c)(1)(dd)os follows:
(1)Minimum plot area shall be 1.5 acres.
45310327;3
Joanne Carr
lune 7,2018
Page 7
f) 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.
The City's Code contains provisions for a transportation mitigation fee, which is
intended to support and fund mobility within the City. See Section 2-3O2(a)(1).
Therefore, Applicant will contribute towards the transportation mitigation fee as
required.
However, the City's request for a U-turn is unnecessary. The enclosed traffic study
indicates that all of the relevant intersections are operating within their adopted
level of service and the Proposed Project will not trigger the intersections to exceed
their capacity. Further, we believe any Udurn installed on Miami Gardens Drive
would actually increase traffic congestion, and it is likely that the county would not
approve the proposed U-turn.
Therefore, Applicant will pay applicable transportation mitigation fees as required;
however, a U-turn as requested by the City is not warranted based on our traffic
findings.
Finally, the Proposed Project complies with site development standards of Section 31-143(3) or
comports with the original Approvals,as indicated in the zoning data sheet of the enclosed plans.
Public Benefit:
The Proposed Project 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. In an effort to further the green building initiative within the City,the project will achieve
USGBC LEED Certification.
The gross lot area of the parcel is 2.3 acres. The net parcel area is 1.9 acres, therefore meeting the minimum
requirement.
111 Any outdoor recreation areas including swimming pools shall be located at least 25 feet from the plot line of any
adjacent residentially zoned property and screened from any such adjacent properties In accordance with the landscape
code.
Outdoor recreation areas are located greater than 100 ft from any adjacent residentially zoned property and haw
been screened in accordance with the landscape code.
131 The minimum Floor area of a rental sleeping room in a motel or hotel,which includes all areas to be individually
rented by a customer,shall be 300 square feet.
The minimum floor area of the hotel rooms is 310 sq.ft,in compliance with the code.
45310327;3
Joanne Carr
June 7,2018
Page 8
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.
Commission Meeting and Application Materials
Please find enclosed application materials for the Conditional Use Application, including the
plans and survey, traffic study, signed public hearing application, the filing and hearing fees, a deposit
for property posting and newspaper advertisements(as required), and other related materials.We look
forward to presenting the Proposed Project at the September 4, 2018 commission meeting. Please do
not hesitate to contact me should you have any questions related to this matter. Thank you for your
consideration.
Sincerely,
AKE ,LLP
Nelsen 0. Kasdin
cc: Susan L.Grant,City Manager
David M.Wolpin, City Attorney
Harry Gross,Granite Aventura LLC
45310327;3
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Exhibit 2
05-CU-18
TRANSPORTATION DEMAND MANAGEMENT PLAN
AGREEMENT FOR PORT AVENTURA
This agreement ("the "Agreement") effective this day of 2019, is made and
entered into by and between:
THE CITY OF AVENTURA, a Florida municipal corporation, at 19200 W. Country
Club Drive,Aventura, Florida 33180, hereinafter referred to as the"at";
and
GRANITE AVENTURA LLC, a Delaware limited liability company, at 214 West 39`h
Street, New York, NY 10018, hereinafter referred to as "Owner" (hereinafter, Owner and City
may be referred to individually as a"Party"or collectively as the "Parties").
WITNESSETH:
WHEREAS, Owner owns the property located at the northwest corner of NE 28'h Court
and NE 185'h Street(folio no:28-2203-082-0630)(the"Property");and
WHEREAS, On January 8, 2019, Owner obtained a Conditional Use Approval from the
City for a limited-service hotel use combined with a multifamily residential use (the "Proposed
Project"or"Port Aventura"); and
WHEREAS, Section 31-143(f)(2a)(f)(vii) of the City Code of Ordinances requires
limited-service hotels in combination with multifamily residential developments to provide
transportation demand management ("TDM") strategies to reduce the impact of proposed
development.
NOW, THEREFORE, in consideration of the mutual covenants and undertakings of
Owner and the City, and other good and valuable consideration, the Parties covenant and
agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this
reference.
2. TDM Plan. Owner agrees to follow the TDM measures described below to promote the
use of public transit and non-vehicular modes of travel.
i. Owner will designate a TDM coordinator for the Property who will be responsible for
maintaining and promoting the elements of the TDM plan.
ii. Owner will include pedestrian walkways to connect to public sidewalks, as set forth
in the architectural plans for the Proposed Project.
47189068,1 Exhibit 3
05-CU-18
iii. Owner will improve existing sidewalk conditions, abutting the Property line as set
forth in the architectural plans for the Proposed Project, to promote walkability, as
necessary. In addition, landscaping is being added adjacent to the sidewalk within the
property line,which will improve the pedestrian experience.
iv. Owner shall provide a bicycle rack for use by guests, visitors, residents and
employees to promote the use of bicycles and reduce vehicular traffic when possible.
Bike racks shall be centrally located near the north garage entry at the ground level; a
total of two (2) bike racks with seven (7) bikes each will be provided. Please refer to
the ground floor plan, sheet A1.101.
v. Owner will coordinate with the Community Services Department Director, using
reasonable best efforts,to establish a BCycle station at or near the project site.
vi. Owner shall provide transit route and schedule information for county and city bus
routes that operate within a half-mile of the proposed development and information
on carpooling, bicycle sharing and pedestrian routes. This information will be
provided at the hotel concierge desk and at the front desk of the residential lobby.
vii. Owner will offer a flexible spending account as an incentive for employees of the
hotel and residences to use towards public transit to travel to and from work.
viii. The TDM coordinator will establish and promote a ride sharing (carpooling) program
for residents of the apartment building and employees of the hotel.
ix. Owner will annually monitor the TDM plan, and provide an annual report to the City
Manager. The City will certify compliance within ten (10) days of receipt of the
annual report, or as otherwise requested by the Owner; City shall not unreasonably
withhold compliance certification. The Owner will work cooperatively with the City
should measures be necessary to amend the TDM strategies to improve the TDM
operations of the project.
IN WITNESS WHEREOF the Parties hereto have made and executed this Agreement on
the respective dates under each signature: THE CITY OF AVENTURA, through its City
Manager, duly authorized to execute this Agreement pursuant to Section 31-143(f)(2a)(f)(vii) of
the City Code of Ordinances, and a duly authorized officer of the Owner signing on behalf of
Owner.
[SIGNATURE PAGES TO FOLLOW]
47389068.1
CITY OF AVENTURA, a Florida
municipal corporation
ATTEST:
By: By:
Ellisa M. Horvath, City Clerk, MMC Ronald Wasson, City Manager
(Seal) Dated: day of ,2019.
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY FOR THE USE AND
RELIANCE BY THE CITY OF AVENTURA
ONLY:
By
City Attorney
Weiss Serota Hellman
Cole&Berman,P.L.
Witness: GRANITE AVENTURA LLC, a Delaware
limited liability company:
Name:
Title:
Name: Dated: day of , 2019
Witness:
Name:
47389068,1
STATE OF NEW YORK
ss: )
COUNTY OF NEW YORK
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me individually, by of Granite Aventura LLC, a Delaware
limited liability company, who is personally known to me or has produced as
identification.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2019.
Notary Public:
My Commission Expires:
Typed, printed or stamped name of Notary
47389068;1
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I APPLICANT REPRESENTATIVE AFFIDAVIT
Pursuant to Section 31.71(4(2)(N 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 of the properly subject to the application(if different)hereby lists and identifies all persons representing the individual or entity
applying fa the Development Permit in connection wit the application,as follows.
Name Relationship (to.Attorneys,Architects,Landscape
Amhiteds, Engineers,Lobbyists.Etch
Nelsen O. Kasdin Attorney
Marissa R.Amulet Attorney
Cecilia 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 INIXVID11AL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF
THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT
RJRSUANT TO SEC.31.11(B)(2)(IV)OF THE GITPS LAND DEVELOPMENT REGULATIONS IN THE CITY CODE,IN THE EVENT
THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION
PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE.
WITNESS MY HAND THIS DAY OF _. ,20
AUTHORIZED REPRESENTATIVE OF APPLICANT: OWNER
By. By: 1
(Signature) e)
Name: _ Mame: . '_( Gig 0C$
(Print)int) (Prin /
Title: _. Tnk:_ ?testy...('[
Address: — Address: 214 ...x. '50.al Yl•,41446 1200
tASW YoKtC [1'1 tooth
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
y
Before me the undersigned authority personally appear- : A _•P. r the authorized t-presentative of the
Applicant andlar the owner of the property subject to the application, , o being '.1 by duly sworn, did s ;r or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and m
.�11sr ��1y/�JKI •A. 2
FI
SWORN TO AND SUBSCRIBED BEFORE ME IhisyQday af_JI20 '
LYDIA M. LAU AKIN l,9, . Ii. .
NOTARY PUBLIC-STATE OF NEW YORK to of FloA arge„
No. OILA6086553 Printed Name of Notary t 11
OVtllllletl In Queens County I My commission expires'. 'i}�npti •
My COMMCW®n Expires July 27. 2019,
'V V
a
f )1 BUSINESS RELATIONSHIP AFFIDAVIT'
This Affidavit is made pursuant to Section 31-71(b)(2)00 of the City of Aventura Land Development Code The undersigned Affiant hereby dbdoses that:
(mad with he applicable portions only)
IQ 1 Affiant does B41 have a Business Relahonshp with any member of the City Commission or any City Advisory Board to which
the application will be presented.
112 Mad hereby discbses that it does have a Business Relationship with a member of the City Commission or a City Advsay
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 s as follows'
[ i. Member of City Commission or Board hods an ownership interest in excess of 1%of total assets or capital seek
of Applicant or Representative,
ii. Member of City Commission or Board is a partner. co-shareholder(as to shares of a corporation which are not
tided on any national or regional shock exchange)a joint venturer with the Appicant or Representative in any
business velure,
(I iii. The Applicant or Representative s a Client of a member W be City Commission or Board or a Client of another
professanal working from the same office or for the sane employer as the member of the City Commisson or
Board.
(I iv. A City Commissioner or Board member's a Client of the Applicant or Representative.
(I v. The Applicant or Representative a Customer of the member of the City Commission or Board(or of his a her
employer)and transacts more than$10,00000 of the business of the member of the City Commission or Board(or
his or her employer)in a given calendar year;
(I H. The member of the City Commission or Boars is a Customer of the Applicant or Representative and transacts
more than$25,000.00 of the business of the Applicant or Representative in a given calendar year.
WITNESS MY HAND THIS DAY OF 200_
APPLICANT:
By: (signature)
Name: _(Pint)
Tnle: r�� (P�iynt')yp�,,, 'f /
WITNE'. MY HAND THIS tg DAY OF Ill W41 20! . �V
PROPERTY a ER: I T R 'i,
By aSliar v (Signature)
Name: 7I!T:C - oSS (Piny)
Title.: Pmt)
'The terms "Business •elationship,' 'Client' "Customer,' Applicant.' "Representative'and ''Interested Person are defined in
Section 2-395 tithe Aventura City Code.
LYDIA M. LAU AKIN
NOTARY PUBLIC-STATE OF NEW YORK
No. 01LA6086553 y
Qualified In Queens County .fill
My Commission Expres July 21. 2019
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•Ys'L �]1s4( Mal 4 pgeI$'Red M1041 NOTARY PUBLIC-STATE OF NEW YORK
NO. 01LA6066553
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EXPIRES:Auriga)27.20 la
WITNESS MY HAND THIS t 1 DAY OF ' ` a) ,20,915 P r. a1tle _J
REPPRESEy7ATIVE:(Listed an 8usin; 'elalbnship Affidavit)
By?C' (, AAA, ^ cinure) By._.. _ (Signaturee
/%
r , ' �•
Name. p�` Prim Name: _ _(Punt)
Title: PraUy' i (Print) Title: _. _. (Pm)
By: / (Signature) By:. _(Signature
Name: riPa ( ii4- (Pont) Name: (Pont)
Title: ✓ _ (Print) Title. (Pont)
By: _ (Signature) By (Signature
Name: (Pint) Name (Print)
Title: (Print/ Title: _ (Print)
By. (Signature) By. _ _ _. ._._ (Signature
Title: (Print) Title: (Pint)
Title. (Prim/ Title' (Pont)
By: _(Signature) By: (Signature
Title. (Pont) Title: (Pont)
Title: (Prix) Title: (Prat)
By: (Signature) By: (Sgnature
Title: (Pmt) Tiller _(Pont)
Title: (Pmt) 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. 31-710)(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.
J
NOTARIZATION PROVISION
STATE OF FLORIDA I
COUNTY OF MIAMI-DADE) &' 0
Belle me,the undersigned a lhonty,personally appearetlPa_15NSw,.rN
ND Affia who being first by me duly .n.do . ::r or affirm that hashe
mewled this Amos it b the purposes slated therein and that 2 is true and correct.
�-
•
FIANT_/__._ ...
SWORN TO AND SUBSCRIBED babe me this Meyd ~' 2948
t 4:e.*
QIJp1��- MY COMPASSION.
FF 155329EXP.FES:August
�/�'• _. _. * ,201B
fin , bonsai MiM
MaMk�MMrnbn�1
ry onn , Florida t Ao-y`t� 1
led eoa
Name of Notary��tiQ
My leof
otaryaas F�
STATE OF FLORIDA t
COUNTY OF MIAMI-DADE)
Before me. he undersigned authority,personally appeaedP 2/ !14—"" the Affiant.who being first by me duly swan.did swear a affirm that heIhe
executed this AMdawl b the pisses stated therein and that it is true and correct.
IANT.
SWORN TO AND SUBSCRIBED before me this Li
1 day of_MO. 9 ,X96 ♦ 31
4
11.1%11
MEMNs,
1 ( MYPIRES: t0Ni FF155II9 la
at, _se EXPIRES:Aqua!2y,2018
_ aA� 3 pita &SS MUMYWMMeUMwbn
Pnnted Name of Notary_t_,1`tCy
My commission expires _ O
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Bebe me,the undersigned authority.personally appeared the AManL who being first by me duly sworn,did swear or affirm that he/she
executed this Ardail la the purposes staled therein and that it is hue and correct
AFFIANT
SWORN TO AND SUBSCRIBED before me This___,day of _. _200_
Notary Pudic Slate or Flpka At Large
Printed Nacre of Nolary
My commission expires:_
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me,the undersgned authority,personally appeared the ABant,who being first by me duly sworn,did swear a affirm that he/she
executed this ABtlawl for the purposes stated therein and that it is true and correct.
AFFIANT . . _. _-.. ..
SWORN TO AND SUBSCRIBED babe me this day of
Notary Public State of Florida At Large
Printed Name of Notary _._...
My commission expires._ _. .
L. J
WITNESS MY HAND THIS a3 DAY OF N1 oil 24 d
REPRESENTATIVE(Listed ori Business Relationship Affidavit)
" 2�
Bg�n "U)tgpgnamre) By -. _. (SignatureName. C£dc-e•A I4%'% Pnn, Name (Amt)
Title 'Pt GSlr r (Print) Title: - (Am)
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Title: 'kbA t (Print) Tine. /Print)
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By ____ (Signature) By (Signature
Title. (Print) Title- _(Rijn)
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NOTE: 1) Use duplicate sheets if disclosure information for Representative vanes
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to See.31-711 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.
J
NOTARIZATION PROVISION
STATE OF FLORIDA ) r�\1 n/�/�
COUNTY OFMMM&AEI PV I/m be NVs ` iKLeSsIra-
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smarted this Affidavit a Bre purposesstat d meen and that A is due and correct /l //�"/{�''�
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SWORN TO AND SUBSCRIBED below me lhisa3 day 01 IBA 204 ,wl-(�F�nlA1'ry',' EL
KAREN L.BARKALOW C\\lo II
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STATE Of FLORIDA )
COUNTY OF MIAMI-DADE) kiyi,en. ^ /IAt.V$ho
Bebe me.Ire undersigned authority,tedM . n and Mat
appeared sysXl 1 ""�+�5'- being fi )oy me dWy swendq swew nr aMrm maf IreJsM
6xolcdmisefiremlIM me purs staledmerem and mal n Is areed Cared. AF
SWORN TO AND SUBSCRIBED before me this I _day of,)--4 a,
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fAl61NNEY AL SAINZ ' —'t
erste, MY COANSSION t FF919693 ��� ` e-n. rail.
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EXPIRES:December 21,2019 Pnnted Name of Notary 1
. `'rF Batdud 11rulYay Putt UrtlwwYa° My commissio expires: _ _ _
STATE OF FLORIDA I
COUNTY OF MIAMI-DADE) '�
Before me,the undersigned auTCdty,personally appeared\kCV\'CAynr\Us ,e Affect,who being ISI oy me duly swan,did swear or affirm that dersee
executed mons Affidavit for the purposes slated therein and that it is true and correct \� OI`
' 1 s� AFFIANT
SWORN TO AND SUBSCRIBED before me this LA day o13\A eI' }
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rF""'3t OMNISSlIO Al9AIN2 ��- - Flo F.
'u :.t EXPIRES:
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ST ATE OF FLORIDA )
SOUND/OF MIAMI-DADE)
Before me.me undersigned auannry,pMpnally appeared _ he Mad who bang first by me duly sworn.did swear a affirm that he/she
executed this Affidavit for the purposes staled therein and mat it is We and cared.
AFFIANT
SWORN TO AND SUBSCRIBED before ire this day of _100_
Notary Public Stale of Florida At Large
Printed Name of Notary
My wmmissmn expires.- _ _
ihow `tel
WITNESS MY HAND THIS 3I DAY OF _ MA,
REPRESENTATIVE(Listed on Business Reiationshio Affidavit)
By _Q 7Sgnalure) By _.— (Signature
Name. JOI4N P k/M (Print) Name !Pont;
Tale Se. P6vecr MMJA4i4Pnnl) Ttie (PnnO
By —._.-- (Signature) By _ --(Stgnature
Name pimp Name (Punt)
Title: _ (Pun!) Title_ (Pita!)
By. _ (Signature) By (Signature
Name —. _(Punt) Name _ (Print)
Title _ _ (Pati!) T Ile: _ (Print)
By — —_ _(Stgnature) By _ (Signature
Title. (Pont) Tiller —._ —._._!Pour)
Title _(Peng Tdie (Print)
By ___ _ (Signature) By _ _ (Stgnature
Tulle_ _ —_ _ _(Punt) Title (Pang
Title (Print) Title (Pimp
By __ .. (Signature; By _ (Signature
Talle. (Pring Titie _(Pum)
Title. _.!Punt) Title _ (Purr!)
NOTE. 1) Use duplicate sheets if disclosure information for Representative varies
21 Applicants and Affiants are advised to timely supplement this .Affidavit pursuant to Secit-7Ubp'_1(iv)of
the Cip's Land Development Regulations In the Cit) Cede. In the event that prior to consideration of the
application bt the City Board or Conuni ss ion, the Information prodded in the ANldavit becomo incorrect or
incomplete.
•
NOTARIZATION PROVISION
STATE OF FLORIDA )
COUNT)/of MIAMI-DADE) 1.
Before me.the undersigned aulnonty.personally appeared ./vk{N ➢ /On/ me Alamwha being nisi by me duly sworn Ca swam or arrn trot he/she
executed this Attida it kine purposes slated therein and that rt is true and Weed Q1 /
/��'/��
a AFF I4T
SWORN l A.l SLR G rla4ao +.¢ c. J!_na.. a lee al'ID/S
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CORINTHIA SEIEEA 1 /J
F -. Notary Public State of Florida 1
a Commission M GG 215963 (aatryw r .✓ ser tatepof Fbrba At Large
I `�.F, My Comm Expires May 16,2022 (ear liai 5C f C e
I Bonded through National Notary Assn. 1 My commission expires .5 (le
/ aoaa
STATE OF FLON DA I
COUNTY OF MIAMI DADE)
Before me Me.ndersrgned authority personally appeared Pe Arfiani who oemg first by me duly swan did swear or affirm that he/she
exealee thisAffidavit davit b the purwses stated therein and that lo hue and correct
AFFIANT
SWORN TO AND SUBSCRIBED before ire this day of 2200_
Notary Public Stale of Florida AI Large
°rind Name of Notary
My commission expires
STATE OF FLORIDA
COUNTY OF MIAMIgADE)
delore me,the undersigned authority personally appeared the Plant who Peng Nst by ere duly swan,C d swear or affirm that nelsee
executed this ARgewt for Me purposes Paled therein and that it is hue ono cored
AFF AN'
SWORN TO AND SUBSCRIBED before me In s _ day of _ 200_
Notary Public Slate or Fbnda At Large
Printed Name of Nelary
My commission exp res_
SATE OF FLORIDA )
COUNTY OF MIAM'.DADE)
Before me the undersgced a'atonty personally appeared c AfierI,who Seng first by me duly sworn,did swear a a rm that llelshe
executed this Ardent fortbe purposes stated Herein and mal A is hue and omen)
AFWANT
SWORN TO AND SUBSCRIBED before me Ibis day of _200_
Notary Public Slate of Flaiaa At Large
Pruned Name m Notary
My wmnussron expires
RESOLUTION NO. 2019-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO PERMIT THE ESTABLISHMENT OF A LIMITED-SERVICE HOTEL
IN COMBINATION WITH A MULTIFAMILY RESIDENTIAL
DEVELOPMENT IN THE RMF4, MULTIFAMILY HIGH DENSITY
RESIDENTIAL DISTRICT PURSUANT TO SECTION 31-143(F)(2A)F. OF
THE CITY CODE, FOR PROPERTY LOCATED AT THE NORTHWEST
CORNER OF NE 185 STREET AND NE 28 COURT, WITH MUNICIPAL
ADDRESS 2785 NE 185 STREET, CITY OF AVENTURA; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned RMF4, Multifamily High
Density Residential District; and
WHEREAS, the applicant, Granite Aventura LLC, through Application No. 05-
CU-18, is requesting Conditional Use approval to permit the establishment of a limited-
service hotel in combination with a multifamily residential development pursuant to
Section 31-143(f)(2a)f. of the City Code; 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 permit the establishment of a
limited-service hotel in combination with a multifamily residential development pursuant
to Section 31-143(f)(2a)f. of the City Code on property located at 2785 NE 185 Street,
City of Aventura, legally described as Tract A of Merco at Aventura, according to the
plat thereof as recorded in Plat Book 166, Page 58 of the Public Records of Miami-
Dade County, Florida, is hereby granted exclusively to the applicant subject to the
following conditions:
1. The applicant shall obtain building permits for the proposed development within
12 months of the date of the approving resolution, failing which this approval
shall be void. The applicant may request one six month extension of time to
obtain building permits and the City Commission may, by resolution or motion,
grant such extension of time upon showing of good cause by the applicant.
City of Aventura Resolution No. 2019-
2. Plans shall substantially comply with the plan set submitted with this application,
titled 'Port Aventura Mixed Use, 2785 NE 185 Street, Aventura, FL, Conditional
Use Application, Revision 3", dated November 2, 2018.
3. Any discontinuation of the approved conditional use for a period of 180
consecutive days shall constitute abandonment and shall rescind the approval of
the conditional use. Renovation or reconstruction of the same use shall be
subject to the provisions of the City Code.
4. The combination multifamily residential/limited-service hotel use shall comply
with Section 31-143(f)(2a)f. of the City Code.
5. Prior to issuance of a building permit for the proposed development, the
applicant shall:
(i) Provide a recorded copy of the following documents to the City, in form
satisfactory to the City Manager and City Attorney:
a) A Restrictive Covenant and a signed copy of a Valet Parking Agreement,
in form satisfactory to the City Manager and City Attorney, to evidence
compliance with City Code Section 31-171(6)1. regulating operation and
maintenance of the parking lifts, and
b) A Restrictive Covenant to confirm that the tandem parking spaces will be
assigned only to the same unit, and
c) A Restrictive Covenant to confirm that the access door from the hotel to
the emergency exit between the hotel and residential uses shall be open
only for emergency purposes and shall be locked at all other times to
prohibit access between the hotel and residential uses, and
d) An amendment to the Restrictive Covenant in Lieu of Unity of Title
recorded in ORB 21678, page 547, to include the approved plans listed in
this approval report, and
e) An Agreement detailing the Transportation Demand Management
strategies as required by Section 31-143(f)(2a)f. of the City Code.
All costs of recordation of the documents shall be at the owner's expense.
(ii) Obtain a Public Works permit for road improvements shown in the plans
submitted with this application, and shall provide confirmation that the
applicant has fulfilled public school concurrency requirements.
(iii)Fulfill the terms of an Agreement between the City and the applicant dated
September 28, 2018 and approved through Resolution No. 2018-87.
6. Prior to issuance of a Temporary Certificate of Occupancy or Certificate of
Occupancy for the development, the applicant shall provide the following
documents to the City:
(i) Provide an as-built survey in paper and electronic format.
Page 2 of 4
City of Aventura Resolution No. 2019-
(ii) Provide an Elevation Certificate, in form satisfactory to the City Manager,
evidencing compliance with City Code floodplain regulations.
(iii) Install a radio bi-amplification system if determined to be necessary by the
Aventura Police Department.
(iv)Complete all road improvements as shown in the approved plans and in the
Public Works permit from the City of Aventura.
Section 2. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 3. Issuance of this development order by the City of Aventura does not
in any way create any right on the part of an applicant to obtain a permit from a state or
federal agency and does not create any liability on the part of the City of Aventura for
issuance of the development order if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actions that
result in a violation of state or federal law. All applicable state and federal permits must
be obtained before commencement of the development. This condition is included
pursuant to Section 166.033, Florida Statutes, as amended.
Section 4. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who moved
its adoption. The motion was seconded by Commissioner , and upon being
put to a vote, the vote was as follows:
Commissioner Denise Landman
Commissioner Gladys Mezrahi
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Dr. Linda Marks
Mayor Enid Weisman
PASSED AND ADOPTED this 8'h day of January, 2019.
Page 3 of 4
City of Aventura Resolution No. 2019-
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this day of , 2019.
CITY CLERK
Page 4 of 4
CITY OF AVENTURA
FINANCE DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Joanne Carr, AICP, Interim City Manager
BY: Brian K. Raducci, Finance Director
DATE: November 9, 2018
SUBJECT: End of Year Budget Amending Ordinance — FY 2017118
1st Reading November 13, 2018 City Commission Meeting Agenda Item 8
2nd Reading January 8, 2019 City Commission Meeting Agenda Item 8
RECOMMENDATION
It is recommended that the City Commission approve the attached ordinance amending
the FY 2017/18 budget.
BACKGROUND
At this time of year, the Finance Department is preparing the City's financial records for
the FY 2017/18 year-end audit. Now that most of our year-end adjustments have been
made, we have the necessary information to formally amend the FY 2017/18 budget.
This "clean up" amendment is a normal part of our year-end fiscal operations and is
prepared to ensure that the "final" adopted budget contains sufficient appropriations to
satisfy all of our actual expenditures.
In order to comply with Section 166.241 (4) of the Florida Statutes, the related
ordinance will appear on the November 2018 and January 2019 agendas. Although this
Section requires all budget amendments be made "within 60 days following the end of
the fiscal year," the second reading of the ordinance (as is consistent with past practice)
will not occur until January 2019 as there is no December meeting. The ordinance
however will appear on first reading prior to the November 29, 2018 deadline.
We are only required to amend budgets when a Department's total budget has been
exceeded. In some cases, associated revenues may be increased to satisfy the related
expenditure overage. Listed below is a summary of the amendments for the City's
General Fund, by department and the 2012 (A) Loan Debt Service Fund, 2012 (B) Loan
Debt Service Fund and the Police Offduty Services Fund and the underlying
circumstances that support each recommendation.
1
General Fund— (0011— ($2,818,600 net increase)
Office of the City Manager(0501)— ($145,000 increase)
1201 — Employee Salaries
Requires a $145,000 budget amendment primarily due to higher than anticipated
employee salaries related to the retirement and the resignation of the former City
Managers, respectively and consulting fees that were approved by the Commission
after the adoption of the original budget. This overage will be offset by $145,000 in
additional Utility Tax-Electric Revenue (3141000).
Community Development(4001) — ($2,500,000 increase)
3101 — Building Inspection Services
Requires a $2,500,000 budget amendment due to higher than anticipated
building/development activity experienced during the year which will be offset by
additional Building Permit revenue (3221000).
Public Works/Transportation (5401)— ($165,000 increase)
4320— Utilities - Water
Requires a $165,000 budget amendment primarily due to the following items that were
not anticipated in the adopted budget:
• additional irrigation costs related to a dryer than usual "wet season" for the
following:
o Peace Park
o watering the flower beds along Country Club Drive and the use of City
water for irrigation along Aventura Boulevard due to salt water intrusion
and the replanting of trees along County Club Drive that was part of the
Hurricane Landscape Restoration Project following Hurricane Irma; and
• additional water consumption at the Splashpad due to the extended season and
more frequent backwashing due to higher than anticipated attendance levels.
The overages in the Public Works/Transportation Department as described above will
be offset by a combination of additional; Utility Tax-Electric Revenue (3141000) —
$115,000 and Unified Communications Tax (3149000) — $50,000.
2
Non-Departmental (9001) — ($8.600 increase)
On August 27, 2018, the City was informed by SunTrust Bank that as a result of the
decrease in the maximum federal corporate income tax rate from 35% to 21% in
January 2018, the terms of the documents governing our tax exempt financing with
them (Series 2012 Revenue Refunding Bonds) required that the interest rate applicable
to the financing be increased from 2.18% to 2.65%. As this change was not anticipated
during the preparation of the FY 2017/18 Budget, the following increase is necessary:
9125 - Transfer to Debt Service Fund - 2012 (A) (Fund 2501-to appropriate additional
funds of $8,600 for interest that was payable on August 1, 2018. The original debt,
issued in 2002 was utilized to acquire property for the Charter School and partially fund
the Community Recreation Center.
The overages as described above will be offset by additional Unified Communications
Tax (3149000) - $8,600. Since this change was not made aware to the City by
SunTrust Bank until after the FY 2018/19 Budget was prepared (August 27, 2018) this
account along with the 2012 (A) Loan Debt Service Fund (250) and the 2012 (B) Loan
Debt Service Fund (290) will need to be amended during the FY 2018/19 Mid-Year
Budget Amendment as well.
2012(A) LOAN DEBT SERVICE FUND (250)
Revenues and Expenditures—a net increase of$8,600, respectively
To recognize the Transfer In from the General Fund of$8,600 and to appropriate the additional
interest($8,600)that was that was payable on August 1, 2018.
2012 (B) LOAN DEBT SERVICE FUND(290)
Revenues and Expenditures—a net increase of$9,700, respectively
To recognize the Transfer In from the Charter School Fund of $9,700 and to appropriate the
additional interest($9,700)that was payable on August 1, 2018.
Police Offdutv Services Fund - (6201- ($30,000 net increase)
1420 - Extra Duty Detail
Requires a $30,000 budget amendment due to higher than anticipated Extra Duty
Details that will be offset by $30,000 in additional Police Detail Billing (3421100).
The budget amendments outlined above, are expected to have little to no impact on the
FY 2017/18 overall budget or carryover amount that was utilized in the preparation of
the FY 2018/19 budget. Based on this analysis, I recommend approval of the attached
Ordinance.
3
ORDINANCE NO. 2019-
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.2019-
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
Landman, and upon being put to a vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Gladys Mezrahi Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Dr. Linda Marks 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 Gladys Mezrahi
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Dr. Linda Marks
Mayor Enid Weisman
Page 2 of 3
City of Aventura Ordinance No. 2019-
PASSED on first reading this 13th day of November, 2018.
PASSED AND ADOPTED on second reading this 8th day of January, 2019.
MAYOR ENID WEISMAN
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 3 of 3
CITY OF AVENTURA
GENERAL FUND 001
FY 2017/18 BUDGET AMENDMENT
REVENUES
OBJECT '
2017/18 2017/18 2017/18
CODE ADOPTED AMENDED REVISED
NO. CATEGORY RECAP AMOUNT AMOUNT BUDGET
3141000 Utility Tax-Electric $ 4,540,000 $ 260,000 $ 4,800,000
3149000 Unified Communications Tax 1,850,000 58,600 1,908,600
3221000 Building Permits 2,250,000 2,500,000 4,750,000
Total Revenue $ 8,640,000 5 2,818,600 $ 11,577,600
TOTAL AMENDMENTS-REVENUE $ 2,818,600
EXPENDITURES
OBJECT 2017/18 2017/18 2017/18
CODE ADOPTED AMENDED REVISED
NO. CATEGORY RECAP AMOUNT AMOUNT BUDGET
OFFICE OF THE CITY MANAGER(0501)
PERSONAL SERVICES
1201 Employee Salaries $ 425,764 $ 145,000 5 570.764
Total City Manager $ 425,764 $ 145,000 $ 570,764
COMMUNITY DEVELOPMENT(4001)
CONTRACTUAL SERVICES
3101 Building Inspection Services $ 1,500,000 $ 2,500,000 $ 4,000,000
Total Community Development $ 1,500,000 5 2,500,000 $ 4,000,000
PUBLIC WORKS/TRANSPORTATION(5401)
OTHER CHARGES&SERVICES
4320 Utilities-Water $ 205,000 $ 165,000 $ 370,000
Total Public Works/Transportation $ 205,000 $ 165,000 $ 370,000
NON-DEPARTMENTAL(9001)
9125 Transfer to Debt Service Fund-2012(A) $ 352,228 $ 8,600 $ 360,828
Total Non-Departmental $ 352,228 $ 8,600 5 360,828
TOTAL AMENDMENTS-EXPENDITURES $ 2,818,600
CITY OF AVENTURA
2012(A)LOAN DEBT SERVICE FUND(250)
FY 2017/18 BUDGET AMENDMENT
OBJECT 2017/18 2017/18 2017/18
CODE ADOPTED AMENDED REVISED
NO. CATEGORY RECAP AMOUNT AMOUNT BUDGET
Transfer/Debt Proceeds
3811001 Transfer from General Fund $ 352,228 $ 8,600 5 360,828
Total Revenue $ 352,228 $ 8,600 S 360,828
TOTAL AMENDMENTS-REVENUE $ 8,600
DEBT SERVICE
Non-Departmental-9001-590
7230 Interest $ 68,668 $ 8,600 $ 77,268
Total Expenditures $ 68,668 $ 8,600 $ 77,268
TOTAL AMENDMENTS-EXPENDITURES $ 8,600
CITY OF AVENTURA
2012(B)LOAN DEBT SERVICE FUND(290)
FY 2017/18 BUDGET AMENDMENT
OBJECT 2017/18 2017/18 2017/18
CODE ADOPTED AMENDED REVISED
NO. CATEGORY RECAP AMOUNT AMOUNT BUDGET
Transfer/Debt Proceeds
3811901 Transfer from Charter School Fund $ 393,070 $ 9,700 $ 402,770
Total Revenue S 393,070 $ 9,700 $ 402,770
TOTAL AMENDMENTS-REVENUE $ 9,700
DEBT SERVICE
Non-Departmental-9001-590
7230 Interest $ 76,630 $ 9,700 $ 86,330
Total Expenditures $ 76,630 $ 9,700 $ 86,330
TOTAL AMENDMENTS-EXPENDITURES $ 9,700
CITY OF AVENTURA
POLICE OFFDUTY SERVICES FUND 620
FY 2017/18 BUDGET AMENDMENT
REVENUES
OBJECT 2017/18 2017/18 2017/18
CODE ADOPTED AMENDED REVISED
NO. CATEGORY RECAP AMOUNT AMOUNT BUDGET
Charges for Services
3421100 Police Detail Billing 5 400,000 $ 30,000 $ 430,000
Total Revenue 5 400,000 $ 30,000 $ 430,000
TOTAL AMENDMENTS-REVENUE $ 30,000
EXPENDITURES
OBJECT 2017/18 2017/18 2017118
CODE ADOPTED AMENDED REVISED
NO. CATEGORY RECAP AMOUNT AMOUNT BUDGET
PERSONAL SERVICES
Public Safety
1420 Extra Duty Detail $ 400,000 $ 30,000 $ 430,000
Total Expenditures S 400,000 $ 30,000 $ 430,000
TOTAL AMENDMENTS-EXPENDITURES 5 30,000