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01-07-2020 Regular Commission Meeting Agenda City Manager City Commission Ronald J.Wasson Enid Weisman,Mayor Marc Narotsky,Vice Mayor "�= City Clerk Denise Landman CommissionerEllisa L.�orvatln MMC Dr.Linda Marks,Commissioner Gladys Mezrahi,Commissioner City Attorney Robert Shelley, Commissioner � �f� Weiss Scrota HelFinan Howard Weinberg,Commissioner e Cole&Bierman CITY COMMISSION MEETING AGENDA January 7, 2020 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: • 2020 Census - Miami-Dade County Commissioner Esteban L. Bovo, Jr. • Employee Service Awards • Aventura City of Excellence School Update • Don Soffer Aventura High School Update 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 5, 2019 Regular Commission Meeting • November 21, 2019 Regular Commission Workshop Meeting • November 21, 2019 Special Commission Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE DON SOFFER AVENTURA HIGH SCHOOL FOUNDATION, INC. BOARD OF DIRECTORS FOR A ONE-YEAR TERM; AND PROVIDING FOR AN EFFECTIVE DATE. Aventura City Commission Meeting Agenda January 7, 2020 D. 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. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND BAL HARBOUR VILLAGE FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND INDIAN CREEK VILLAGE 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. G. 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 MEDLEY 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. H. 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 MIAMI SHORES VILLAGE 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. I. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 20-10-17- 3, CITY OF AVENTURA MUNICIPAL TRANSIT SERVICES FOR CITY WIDE SHUTTLE SERVICE TO RTW MANAGEMENT FOR THE INDIVIDUAL BID PRICE AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACT;AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 4 Aventura City Commission Meeting Agenda January 7, 2020 J. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $7,760.00 FOR CAT TOURNIQUETS, TACTICAL ROLL OUT BAGS AND CRYSTAL SKY DRONE MONITORS FROM THE POLICE FEDERAL FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. 6. ZONING HEARINGS — QUASI-JUDICIAL PUBLIC HEARINGS: Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items,please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony,including public testimony and evidence,will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross- examination.If you refuse either to be cross-examined or to be sworn,your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses,but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. RESOLUTION/PUBLIC HEARING: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-144(F)(2)K. AND L. OF THE CITY CODE TO PERMIT A LOT COVERAGE OF 49.55%,WHERE THE CITY CODE PERMITS A MAXIMUM LOT COVERAGE OF 40%AND TO PERMIT A FLOOR AREA RATIO OF 1.99,WHERE THE CITY CODE PERMITS A MAXIMUM FLOOR AREA RATIO OF 1.39; GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-144(F)(2)C.FOR AN INCREASED HEIGHT OF 128 FEET, 8 INCHES, WHERE THE CITY CODE PERMITS A MAXIMUM HEIGHT OF 120 FEET; GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-144(F)(2)D.FOR RETAIL USES AS PART OF A NON-RESIDENTIAL DEVELOPMENT, TOTALING 9.38% OF THE BUILDING FLOOR AREA, WHERE THE CITY CODE PERMITS RETAIL USES NOT IN EXCESS OF 15% OF THE TOTAL BUILDING AREA; VACATING THAT PORTION OF NE 213 STREET RUNNING EASTERLY FROM NE 28 COURT TO ITS TERMINATION,NE 28 COURT BETWEEN NE 213 STREET AND NE 214 STREET, A PORTION OF NE 29 COURT AND NE 214 STREET AND A PORTION OF LAND RESERVED FOR FUTURE ROADWAY; RESERVING TO THE CITY ALL NECESSARY UTILITY EASEMENTS, ALL FOR THE DEVELOPMENT OF A RETAIL/OFFICE/ASSISTED LIVING FACILITY LOCATED AT 21290 BISCAYNE BOULEVARD IN THE CITY; PROVIDING FOR RECORDATION; AND PROVIDING FOR AN EFFECTIVE DATE. 7. ORDINANCES—FIRST READING/PUBLIC HEARINGS: None. 8. ORDINANCES—SECOND READING/PUBLIC HEARINGS: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2018-18 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2018/2019 FISCAL YEAR BY REVISING THE 2018/2019 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 Page 3 of 4 Aventura City Commission Meeting Agenda January 7, 2020 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. COMMISSION REGULAR WORKSHOP—JANUARY 24,2020 AT 9 AM EXECUTIVE CONFERENCE ROOM(5-FLOOR) COMMISSION REGULAR MEETING—FEBRUARY 4,2020 AT 6:00 P.M. COMMISSION CHAMBER COMMISSION REGULAR WORKSHOP—FEBRUARY 20,2020 AT 9 AM EXECUTIVE CONFERENCE ROOM(5-FLOOR) This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990,all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901,not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance and may participate at the meeting. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk,City of Aventura Government Center, 19200 W. Country Club Drive,Aventura,Florida,33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901. Page 4 of 4 CITY OF AVENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: City Commission FROM: Ellisa L. Horvath, MMC, City Clerk DATE: January 3, 2020 SUBJECT: Approval of Minutes January 7, 2020 City Commission Meeting Agenda Item 5-A RECOMMENDATION It is recommended that the City Commission approve the attached minutes, as provided by the City Clerk, for the Commission meetings held in November 2019. BACKGROUND Meetings were held and minutes have been provided for Commission approval for the following: • November 5, 2019 Regular Commission Meeting • November 21, 2019 Regular Commission Workshop Meeting • November 21, 2019 Special Commission Meeting Should you have any questions, please contact me. /elh attachments The City CITY COMMISSION Aventura Government Center Av e nt u r a REGULAR MEETING MINUTES 19200 W.Country Club Drive NOVEMBER 5, 2019 Aventura, Florida 33180 6:00 p.m. 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Vice Mayor Denise Landman at 6:02 p.m. The roll was called and the following were present:, Vice Mayor Denise Landman, Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi, Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner Howard Weinberg, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. Mayor Enid Weisman was absent. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was led by Aventura Youth Advisory Board Members Rebecca Richmond-Parks and Kenneth Cula. 3. ELECTION OF VICE MAYOR: After nomination by Commissioner Weinberg, seconded by Commissioner Mezrahi and unanimously approved, Commissioner Marc Narotsky was elected Vice Mayor, for the next six-month period. Vice Mayor Narotsky presided over the meeting. 4. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: Following a request by Mr. Wasson and consensus of the City Commission, Consent Agenda Item 6G was removed from the Agenda. 5. SPECIAL PRESENTATIONS: • Employee Service Awards: Mr. Wasson, accompanied by Chief Pegues, presented Sergeant Marc Frieder with a recognition certificate and token of appreciation for the completion of 20 years of service with the City. • Aventura City of Excellence School Update — Principal Tyrkala: ACES student Eli Borojovich, accompanied by teacher Sara Zachar provided a brief report on ACES. • Don Soffer Aventura High School Update - Principal: Principal David McKnight provided a brief report on Don Soffer Aventura High School. 6. CONSENT AGENDA: There were no requests from the public to address the Commission. Commissioner Dr. Marks removed Item F and Vice Mayor Narotsky removed Item C. A motion to approve the remaining items on the Consent Agenda (A, B, D, E, H, and I) was offered by Commissioner Shelley, seconded by Commissioner Landman, and passed unanimously by roll call vote. The following action was taken: Aventura City Commission Regular Meeting Minutes November 5, 2019 A. Minutes approved as follows: • October 2, 2019 Regular Commission Meeting • October 14, 2019 Special Commission Meeting • October 14, 2019 Regular Commission Workshop Meeting • October 24, 2019 Special Commission Workshop Meeting B. Resolution No. 2019-57 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. D. Resolution No. 2019-59 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE TO ENTER INTO THE ATTACHED AGREEMENT BETWEEN THE CITY OF AVENTURA AND SOFTBALL 2-4 CURE, LLC TO PERFORM ADULT SOFTBALL MANAGEMENT SERVICES AS SET FORTH IN RFP NO. 19-08-01-2; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. E. Resolution No. 2019-60 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO.20-10-11- 2, NE 213TH STREET SCHOOL ZONE FLASHING BEACONS TO AUM CONSTRUCTION, INC. AT THE BID PRICE OF $175,000; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. H. Resolution No. 2019-62 adopted as follows: CITY COMMISSION, ACTING IN ITS CAPACITY AS THE CITY COMMISSION AND THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL, APPROVING THE ATTACHED SCHOOL ADMINISTRATOR EVALUATION SYSTEM AND INSTRUCTIONAL Page 2 of 5 Aventura City Commission Regular Meeting Minutes November 5, 2019 PERSONNEL EVALUATION SYSTEM; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. I. Motion approved as follows: CITY COMMISSION, ACTING IN ITS CAPACITY AS THE CITY COMMISSION AND THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL: MOTION ADOPTING THE DON SOFFER AVENTURA HIGH SCHOOL STANDARD OPERATING PROCEDURE (ACTIVE ASSAILANT/SHOOTER). Item C: Mr. Wolpin read the following Resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ADOPTING THE CITY OF AVENTURA 2020 LEGISLATIVE PROGRAM AND PRIORITIES ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to approve the Resolution (adopting the items of the Legislative Program, excluding Item #11) was offered by Commissioner Shelley and seconded by Commissioner Landman. Vice Mayor Narotsky opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the Resolution (excluding item #11) passed unanimously, by roll call vote. Commissioner Narotsky recused himself from voting on Item #11 of the Legislative Program due to a conflict and left the meeting.' Commissioner Landman presided over the meeting. A motion to approve the Resolution (as to solely the portion adopting Item #11 of the Legislative Program) was offered by Commissioner Shelley and seconded by Commissioner Mezrahi. Commissioner Landman opened the public hearing. There being no speakers, the public hearing was closed. Mr. Wolpin explained Item #11 (Amend Safe Harbor provisions — Fla. Stat. 718.116(1)(b) condos and 720.3085(2)(c) HOAs - to increase the liability of qualified lending institutions to the lesser of twenty four months of past due assessments or two ' The Memorandum of Voting Conflict (Form 8B) for Commissioner Narotsky is attached to the minutes as required. Page 3 of 5 Aventura City Commission Regular Meeting Minutes November 5, 2019 percent of the original mortgage in the event of a foreclosure plus recovery of reasonable attorney fees). Commissioner Weinberg provided comments on the importance of continuing to follow the item, with the intention to protect condominium owners. The motion for approval of the Resolution (Item #11) passed unanimously by roll call vote and Resolution No. 2019-58 was adopted. Commissioner Narotsky returned and presided over the meeting. Item F: Mr. Wolpin read the following Resolution by title: CITY COMMISSION, ACTING IN ITS CAPACITY AS THE CITY COMMISSION AND THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF PARENT REPRESENTATIVE MEMBERS TO THE DON SOFFER AVENTURA HIGH SCHOOL ADVISORY BOARD FOR A ONE-YEAR TERM; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to approve the Resolution was offered by Commissioner Dr. Marks and seconded by Commissioner Landman. Vice Mayor Narotsky opened the public hearing. There being no speakers, the public hearing was closed. The Commission recognized Nikki Shein, who was in attendance, and Michael Yavner, as the two parents selected as the parent representatives to the Board. The motion for approval of the Resolution passed unanimously by roll call vote and Resolution No. 2019-61 was adopted. 7. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: None. 8. ORDINANCES - FIRST READING — PUBLIC HEARINGS: Mr. Wolpin read the following Ordinance title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2018-18 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2018/2019 FISCAL YEAR BY REVISING THE 2018/2019 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. Page 4 of 5 Aventura City Commission Regular Meeting Minutes November 5,2019 A motion for approval of the Ordinance resolution was offered by Commissioner Mezrahi and seconded by Commissioner Weinberg. Mr. Wasson reviewed the item. Vice Mayor Narotsky opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the Ordinance passed unanimously, by roll call vote, on first reading. 9. ORDINANCES - SECOND READING/PUBLIC HEARINGS: None. 10. RESOLUTIONS/PUBLIC HEARINGS: None. 11. REPORTS: Commissioner Landman commended the Community Services Department on the recent City events. Commissioner Dr. Marks reported on the upcoming Veterans Day Ceremony, the southbound traffic light at 207th Street and 30th Avenue, and the stop sign at Publix. Commissioner Mezrahi commended Community Services Director Kimberly Merchant on the recent City events and thanked Community Development Director Joanne Carr for addressing the signage at Park Square. Commissioner Shelley requested that an update on the City's investment strategies be provided at the November Workshop. Commissioner Weinberg reported on the construction of crosswalks for the high school, as well as near Porta Vita at Country Club Drive. 12. PUBLIC COMMENTS: Following information provided by Mr. Wolpin on the process for public comments, the following members of the public provided comments: Ludwika Konik (Point East Resident). 13. OTHER BUSINESS: None. 14. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Landman, seconded by Commissioner Mezrahi, and unanimously approved; thus adjourning the meeting at 6:42 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on January 7, 2020. Page 5 of 5 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE Narotsky, Marc E. Aventura City Commission MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 19200 W. Country Club Drive WHICH I SERVE ISA UNIT OF: CITY COUNTY CITY CICOUNTY ❑OTHER LOCAL AGENCY Aventura Miami-Dade NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED City of ra MY POSITION ON ISS: November 5, 2019 d ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAB)under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. * * * * * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B-EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Marc E. Narotsky hereby disclose that on November 5 20 19 (a)A measure came or will come before my agency which(check one or more) v/ inured to my special private gain or loss; inured to the special gain or loss of my business associate, ; inured to the special gain or loss of my relative, ; inured to the special gain or loss of , by whom I am retained; or inured to the special gain or loss of ,which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: Agenda Item 6C-#11 of the 2020 Legislative Program and Priorities List is related to my professional activities as a neutral third party mediator. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. November 5, 2019 Date Filed S' nature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. AThe alty of CITY COMMISSION WORKSHOP MEETING MINUTES Aventura Government center ,� 19200 W.Country Club Drive NOVEMBER 21, 2019 Aventura, Florida 33180 imommummoupow z 9:00 A.M. � 1. Call to Order/Roll Call: The meeting was called to order by Vice Mayor Narotsky at 9:00 a.m. The following were present: Vice Mayor Marc Narotsky, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi, Commissioner Robert Shelley, Commissioner Howard Weinberg, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. Mayor Enid Weisman was absent. As a quorum was determined to be present, the meeting commenced. 2. Appointment of the Don Soffer Aventura High School Foundation Board Members (City Manager): Mr. Wasson reviewed the seven names submitted for the Commission's consideration for appointment to the Board of Directors. City Manager Summary: It was the consensus of the City Commission to place a Resolution on the January 2020 Commission Meeting Agenda appointing the following members to the Don Soffer Aventura High School Foundation, Inc. Board of Directors: Amit Bloom, Alan L. Frent, Rachel W. Friedland, Michelle Leon, Cindy Orlinsky, Raquel Rothman, and Brett Storch. 3. 2020 Commission Meeting Schedule (City Manager): Mr. Wasson reviewed the tentative schedule for the 2020 Commission meetings. City Manager Summary: It was the consensus of the City Commission to accept the proposed 2020 Commission Meeting Schedule, with the following changes: move the January Workshop meeting to January 23rd, move the April Commission Meeting to April 6th, and move the September Commission Meeting to September 2nd 4. Charter Schools USA Grant Policy (City Manager): Mr. Wasson reviewed the red-lined version of the Charter School Program Grant Policies & Procedures Manual, as provided in the agenda. Commissioner Dr. Marks was recognized for her diligent efforts in reviewing the document. City Manager Summary: It was the consensus of the City Commission to proceed with consideration of the resolution approving the Grant Policies & Procedures Manual at the November 21, 2019 Special Commission Meeting, with the following changes: add language that the City of Aventura will conduct the necessary ethics training (page 4) and remove the paragraph pertaining to bonds (page 17). 5. Discussion of Dining and Entertainment Promotion (Vice Mayor Narotsky): Vice Mayor Narotsky discussed the new restaurants opening in Aventura and discussed the possibility of the City assisting in promoting them. City Manager Summary: Following discussion, it was the consensus of the City Commission for Mr. Wasson to reach out to the Aventura Marketing Council, the Aventura City Commission Regular Workshop Meeting Minutes—November 21, 2019 Community Services Advisory Board, and the Arts & Cultural Center regarding suggestions to promote dining and entertainment in the City. Former Commissioner Luz Weinberg was recognized, who was in attendance. 6. Discussion of the City Parks/Tot Lot (Commissioner Dr. Marks): Commissioner Dr. Marks noted that due to security related to the high school, the tot lot at the park next to the school is closed during school hours. She requested that the Commission consider moving the existing tot lot to the other side of the current park and providing a separate entrance, or moving it to another location in the north end of the City. City Manager Summary: Following discussion, it was the consensus of the City Commission for Mr. Wasson to look into possible locations, as well as associated costs, to relocate the tot lot at the current park site or to another site at the north end of the City. 7. Discussion of Electric Shuttle (Commissioner Weinberg): Commissioner Weinberg requested that the Commission consider the addition of electric shuttles as an amenity in the City, which would provide on-demand shuttles via phone application. City Manager Summary: Following discussion, it was the consensus of the City Commission for Mr. Wasson to look into the costs, etc. associated with providing on- demand electric shuttles. 8. Discussion of Resolution Combatting Human Trafficking in Preparation of Miami-Dade County's Hosting of Super Bowl LIV (Commissioner Mezrahi): Commissioner Mezrahi requested Commission consideration of a resolution, as drafted in the agenda, in support of the State Attorney's initiative to create awareness regarding human trafficking. City Manager Summary: It was the consensus of the City Commission to add the Resolution, as provided in the agenda, to the November 21, 2019 Special Commission Meeting Agenda, due to time constraints. 9. Discussion of Expectation Management of State Testing Grades for Don Soffer Aventura High School (Commissioner Dr. Marks): Commissioner Dr. Marks reviewed the discussion at the last Commission Liaison Meeting and the possibility of the school's testing grades being impacted, due to the limited number of students at the school. Rachel Windler-Freitag, Charter Schools USA Vice President of Education, discussed the components the school would be graded on and the possibility of that not being a top rating. City Manager Summary: It was the consensus of the City Commission for Mr. Wasson to work with Charter Schools USA on a public relations campaign to include a fact sheet and video with one directed to the community and one directed to the school's parents. Page 2 of 3 Aventura City Commission Regular Workshop Meeting Minutes—November 21, 2019 10. City Manager Annual Review: Following discussion, Mr. Wasson agreed to postpone his review until January, when Mayor Weisman is in attendance. City Manager Summary: It was the consensus of the City Commission to table this item until the January Workshop Meeting. 11. Adjournment: There being no further business to come before the Commission, the meeting was adjourned by consensus at 10:05 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on January 7, 2020. Page 3 of 3 ety of CITY COMMISSION Aventura Government Center Alai)W12 SPECIAL MEETING MINUTES 19200 W.Country Club Drive NOVEMBER 21, 2019 Aventura, Florida 33180 Following 9:00 A.M. .11111111111111/111.111.111110 11.111111111111111111111111111.0Commission Workshop Meeting 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Vice Mayor Marc Narotsky at 10:14 a.m. The roll was called and the following were present: Vice Mayor Marc Narotsky, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi, Commissioner Robert Shelley, Commissioner Howard Weinberg, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. Mayor Enid Weisman was absent. As a quorum was determined to be present, the meeting commenced. 2. RESOLUTIONS: Mr. Wasson requested that the following item be removed from the agenda, to allow the City time to respond to a letter of protest received on November 19, 2019: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO.20-10-17- 3, CITY OF AVENTURA MUNICIPAL TRANSIT SERVICES FOR CITY WIDE SHUTTLE SERVICE TO RTW MANAGEMENT FOR THE INDIVIDUAL BID PRICE AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACT; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. Following consensus of the City Commission, the item was removed from the agenda and deferred until January. The following resolution title was read by Mr. Wolpin: B. CITY COMMISSION, ACTING IN ITS CAPACITY AS THE CITY COMMISSION AND THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL, APPROVING THE ATTACHED CHARTER SCHOOLS USA CHARTER SCHOOL PROGRAM (CSP) GRANT POLICIES AND PROCEDURES MANUAL; AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the resolution was offered by Commissioner Shelley and seconded by Commissioner Mezrahi. Mr. Wasson discussed the item, which was reviewed in length at the Commission Workshop Meeting. Aventura City Commission Special Meeting Minutes November 21, 2019 Vice Mayor Narotsky 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. 2019-63 was adopted. In response to direction provided by the Commission at the November 21, 2019 Workshop Meeting and due to time constraints related to the item, Mr. Wolpin explained the process to add the resolution combatting human trafficking in preparation for Super Bowl LIV to the agenda. A motion for approval to add the resolution to the agenda was offered by Commissioner Landman and seconded by Commissioner Mezrahi. The motion for approval to add the resolution passed unanimously, by roll call vote. The following resolution title was read by Mr. Wolpin: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, URGING MIAMI-DADE COUNTY AND MUNICIPALITIES WITHIN MIAMI-DADE COUNTY TO SUPPORT CITY,COUNTY, STATE AND FEDERAL LAW ENFORCEMENT AND STATE AND FEDERAL PROSECUTORS IN COMBATTING HUMAN TRAFFICKING; IN PREPARATION OF MIAMI-DADE COUNTY'S HOSTING OF SUPER BOWL LIV; PROVIDING FOR DISTRIBUTION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the resolution was offered by Commissioner Shelley and seconded by Commissioner Weinberg. Vice Mayor Narotsky 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. 2019-64 was adopted. 3. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Dr. Marks, seconded by Commissioner Mezrahi, and unanimously approved; thus adjourning the meeting at 10:20 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on January 7, 2020. Page 2 of 2 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manage DATE: January 3, 2020 SUBJECT: Resolution Declaring Equipment as Surplus January 7, 2020 City Commission Meeting Agenda Item 5 RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution declaring certain equipment as surplus to the needs of the City. BACKGROUND Section 2-258 of the City Code of Ordinances provides that any property owned by the City which has become obsolete or which has outlived its usefulness may be disposed of in accordance with procedures established by the City Manager, so long as the property has been declared surplus by a resolution of the City Commission. If you have any questions, please feel free to contact me. RJW/act Attachment CCO1843-20 RESOLUTION NO. 2020- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager desires to declare certain property as surplus to the needs of the City; and WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that has been declared surplus cannot be disposed of prior to the preparation and formal approval of a resolution by the City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals Adopted. The above recitals are hereby confirmed and adopted herein. Section 2. The property listed on Exhibit "A" has been declared surplus and is hereby approved for disposal. Section 3. The City Manager is authorized to dispose of the property listed on Exhibit "A" through a public auction, sale, trade-in, transfer to other governmental agency or, if of no value, discarded. Section 4. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 5. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Marc Narotsky Mayor Enid Weisman City of Aventura Resolution No. 2020- PASSED AND ADOPTED this 7th day of January, 2020. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CITY OF AVENTURA POLICE DEPARTMENT MEMORANDUM TO: Ronald J. Wasson, City Manager FROM: Bryan Pegues, Chief of Police SUBJECT: Surplus Property DATE: January 3rd, 2020 I would like to have the below vehicles, owned by the City of Aventura, declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection 5, Page 1, as these items have become inadequate for public purposes: 2010 Ford, Crown Victoria 2FABP7BV8AX118036 2010 Ford, Crown Victoria 2FABP7BVOAX109900 2007 Ford, Crown Victoria 2FAFP71 W47X136845 2011 Ford, Crown Victoria 2FABP7BV2BX123704 CITY OF AVENTURA POLICE DEPARTMENT MEMORANDUM TO: Ronald J. Wasson, City Manager FROM: Bryan Pegues, Chief of Police SUBJECT: Surplus Property DATE: January 3rd, 2020 I would like to have the listed chairs, owned by the City of Aventura, declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection 5, Page 1, as these items have become inadequate for public purposes: 5 Concept Seating 2417 Chairs: Serial Numbers — 32103-030513-01 M, 32103-030513-02M, 32103-030513-03M, 32103-030513-05M, 32103-030513-06M. • WY Brand Type Serial Number Condition Discard YIN 1 Concept Seating 24/7 Chair 32103-030513-01M Used Y 1 Concept Seating 24/7 Chair 32103-030513-02M Used y 1 Concept Seating 24/7 Chair 32103-030513-03M Used y 1 Concept Seating 24/7 Chair 32103-030513-05M Used y 1 Concept Seating 24/7 Chair 32103-030513-06M r Used y CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: January 3, 2020 SUBJECT: Resolution Appointing Members to the Don Soffer Aventura High School Foundation Inc. 501(C)(3) Board of Directors January 7, 2020 City Commission Meeting Agenda Item 5'C. RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution appointing the following members to the Don Soffer Aventura High School Foundation Inc. 501(C)(3) Board of Directors: - Amit Bloom - Alan L. Frent - Rachel W. Friedland - Michelle Leon - Cindy Orlinsky, JD, MBA - Raquel Rothman, Esq. - Brett Fertig Storch If you have any questions, please feel free to contact me. RJW/act Attachment CCO1856-20 RESOLUTION NO. 2020- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE DON SOFFER AVENTURA HIGH SCHOOL FOUNDATION, INC. BOARD OF DIRECTORS FOR A ONE-YEAR TERM; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Resolution No. 2019-29 established the Articles of Incorporation for the creation of the Don Soffer Aventura High School Foundation, Inc. as a not for profit corporation to function as a 501(c)(3) entity; and WHEREAS, in accordance with the provisions of Article VI of the Articles of Incorporation, the City Commission wishes to provide for approval of the appointment of members to the Don Soffer Aventura High School Foundation, Inc. Board of Directors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby approves the appointment of the following individuals to serve as the Board of Directors of the Don Soffer Aventura High School Foundation, Inc. for a one-year term: Amit Bloom Alan L. Frent Rachel W. Friedland Michelle Leon Cindy Orlinsky Raquel Rothman Brett Fertig Storch Section 2. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Marc Narotsky Mayor Enid Weisman City of Aventura Resolution No. 2020- PASSED AND ADOPTED this 7t" day of January, 2020. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manage DATE: January 3, 2020 SUBJECT: Resolution Authorizing Execution of Agreement With the State Attorney for Prosecution of Aventura Code Violators January 7, 2020 City Commission Meeting Agenda Item 5-17 RECOMMENDATION It is recommended that the City Commission authorize the execution of an Agreement with the State Attorney's Office for the prosecution of Aventura Code Violations. This is a renewal of the Agreement approved in 2018 by Resolution No. 2018-93. BACKGROUND The Florida Statutes provide that the State Attorney may appear in the courts to prosecute violations of municipal ordinances if the prosecution is ancillary to a felony prosecution or if the State Attorney has contracted with the municipality for these prosecutions. As a result, those cases that a City requests the State Attorney's Office to prosecute will be subject to a charge of $50.00 per hour each to the State Attorney and Public Defender. Attached are the State Attorney's letter of October 25, 2019 and the Agreement which provides the option to the City to utilize the State Attorney's Office. If you have any questions, please feel free to contact me. RJW/act Attachment CC01842-20 RESOLUTION NO. 2020- 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is authorized to execute and otherwise enter into that certain Agreement attached hereto 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 Code. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Marc Narotsky Mayor Enid Weisman PASSED AND ADOPTED on this 7th day of January, 2020. City of Aventura Resolution No. 2020-_ MAYOR ENID WEISMAN ATTEST: ELLISA L. HORVATH, MMC, CITY CLERK Approved as to Form and Legal Sufficiency: CITY ATTORNEY Page 2 of 2 AGREEMENT BETWEEN 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 1 CODE z9.43-L7 This agreement is entered into this --j day of 0-01 it)U a V , 2019, by and between City of Aventura, a political subdivision of the State of Flori a(hereinafter referred to as the "City") and the Office of the State Attorney for the Eleventh Judicial Circuit of Florida (hereinafter referred to as "State Attorney"). WHEREAS, the City finds that in order to maintain and improve the health, safety, and welfare of this community, it is necessary to adequately enforce and prosecute violations of the City's Municipal Code; and WHEREAS, Section 27.02, Florida Statutes, authorizes the State Attorney to prosecute municipal ordinance violations punishable by incarceration if ancillary to state prosecution or, if not ancillary to state prosecution, when the State Attorney contracts with the City for reimbursement. NOW, THEREFORE, the parties hereto agree as follows: ARTICLE I Services The State Attorney agrees to prosecute municipal ordinance violations as authorized in Sections 27.02, and 27.34, Florida Statutes. The City agrees to remit, subject to the terms outlined in Article III of this agreement, to the State Attorney the required funds to reimburse for costs associated with the prosecution of violations of the Municipal Code for the period of October 1, 2019 to September 30, 2020. The State Attorney shall provide such clerical and professional personnel as may be required for the performance of any of the functions of the State Attorney as set forth in this agreement. This agreement does not commit the City to pay for the prosecution of Municipal Code violations ancillary to state prosecution or for the prosecution of municipal ordinance violations not punishable by incarceration. This agreement specifically does not authorize the State to handle appeals of municipal ordinances on constitutional grounds, which shall remain the responsibility of the municipality that passed the ordinance. ARTICLE II Terms This agreement shall expire on September 30, 2020, unless terminated earlier pursuant to Article VII of this agreement. Under no circumstances shall the City be liable to continue or extend this agreement beyond this date. This agreement may only be amended in writing, through a document executed by duly authorized representatives of the signatories to this agreement. ARTICLE III Payment Schedule The City agrees to reimburse the State Attorney on an hourly basis for services rendered at a rate of Fifty dollars ($50) per hour. On a quarterly basis, the State Attorney shall provide the City with an invoice including, but not limited to,the hours of services rendered, number of cases prosecuted as set forth in this agreement, and the total amount due for payment for the previous month. The City shall remit each payment within ten (10) days after receiving said invoice from the State Attorney. ARTICLE IV Responsibilities The City does not delegate any of its responsibilities or powers to the State Attorney other than those enumerated in this agreement. The State Attorney does not delegate any of its responsibilities or powers to the City other than those enumerated in this agreement. ARTICLE V Reporting 1 All required reports shall be submitted to the (!1 Ivor04et. ARTICLE VI Indemnification It is expressly understood and intended that the State Attorney is only a recipient of the reimbursements paid by the City and is not an agent of the City. The respective parties agree, subject to the provisions of Chapter 768.28 (17), Florida Statutes, that they will hold each other harmless from any claims arising from this agreement. ARTICLE VII Termination Either party may terminate this agreement at any time with or without cause by furnishing written notice to the other party with no less than ninety (90) days notice. ARTICLE VIII Service Charges This agreement is contingent upon all City funding provided, and any interest earned thereon, not being subject to any State service charges or administrative assessments. ARTICLE IX Non-Discrimination The State Attorney agrees to abide and be governed by Title II of the Americans with Disabilities Act of 1990, Title VI and VII, Civil Rights Act of 1964 (42 USC 200d, e) and Title Viii of the Civil Rights Act of 1968, as amended, which provides in part that there will not be discrimination of race,color,sex,religious background,ancestry,or national origin in performance of this contract, in regard to persons served, or in regard to employees or applicants for employment and it is expressly understood that upon receipt of evidence of discrimination, the City shall have the right to terminate said agreement. IN WITNESS THEREOF, the parties have caused this agreement to be executed by their respective and duly authorized officers the day and year first above written. ATTEST: NAME City Commission By: By: POSITION ATTEST State Attorney's Office Eleventh Judicial Circuit By: By: Don L. Horn Chief Assistant State Attorney for Administration CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: January 3, 2020 SUBJECT: Law Enforcement Mutual Aid Agreement Between the City and Bal Harbour Village January 7, 2020 City Commission Meeting Agenda Item S . RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing execution of the Law Enforcement Mutual Aid Agreement with Bal Harbour Village. 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. Joint multijurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations and assemblies, controversial trials, political conventions, labor disputes and strikes. 3. Any natural, technological or manmade disaster. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from, or disturbances within, prisoner process 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-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. Incidents requiring utilization for specialized units; e.g., underwater recovery, marine patrol, aircraft, canine, motorcycle, bicycle, mounted, SWAT, bomb, crime scene and police information. 14. Emergency situations in which one agency cannot perform its functional objective. 15. Joint training in areas of mutual need. 16. Joint multi-jurisdictional marine interdiction operations. 17. Off-duty special events. 18. DUI Checkpoints. 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 CCO1845-20 RESOLUTION NO. 2020- 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 BAL HARBOUR VILLAGE 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 Bal Harbour Village 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. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Marc Narotsky Mayor Enid Weisman City of Aventura Resolution No. 2020- PASSED AND ADOPTED this 7th day of January, 2020. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY COMBINED VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT BETWEEN BAL HARBOUR VILLAGE, FLORIDA AND THE CITY OF AVENTURA, FLORIDA This Voluntary Cooperation and Operational Assistance Mutual Aid Agreement(the"Agreement") is made as of this day of , 2020, by and between the BAL HARBOUR VILLAGE, FLORIDA, a Florida municipal corporation, having its principal office at 655 96 Street, Bal Harbour Village, FL 33154, and the CITY OF AVENTURA, FLORIDA, a Florida municipal corporation having its principal office at 19200 West Country Club Drive, Aventura, Florida 33180, and states as follows: WHEREAS, it is the responsibility of the governments of Bal Harbour Village, Florida, and the City of Aventura, Florida, to ensure the public safety of their citizens by providing adequate levels of police services to address any foreseeable routine or emergency situation; and WHEREAS, there is an existing and continuing possibility of the occurrence of law enforcement problems and other natural and man-made conditions which are, or are likely to be, beyond the control of the services, personnel,equipment,or facilities of Bal Harbour Village Police Department or the City of Aventura Police Department; and WHEREAS, Bal Harbour Village and the City of Aventura are so located in relation to each other that it is in the best interest and advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to: (1) Continuing, multi-jurisdictional criminal activity, so as to protect the public peace and safety, and preserve the lives and property of the people; and (2) Intensive situations including, but not limited to, natural or manmade disasters or emergencies as defined under Section 252.34, Florida Statutes; and (3) Joint provision of certain law enforcement services specified herein and allowed pursuant to Florida Statute 166.0495; and Mutual Aid Agreement between City of Aventura and Bal Harbour Village WHEREAS, Bal Harbour Village and the City of Aventura have the authority under The Mutual Aid Act, Chapter 23, Part I, Florida Statutes, to enter into a combined mutual aid agreement for law enforcement services which: (1) Permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines; and (2) Provides for rendering of assistance in a law enforcement emergency. NOW,THEREFORE, BE IT KNOWN,that Bal Harbour Village, a political subdivision of the State of Florida, and the City of Aventura a political subdivision of the State of Florida, in consideration for mutual promises to render valuable aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions. SECTION 1: PROVISIONS FOR VOLUNTARY COOPERATION Each of the aforesaid law enforcement agencies hereby approve and enter into this Agreement whereby each of the agencies may provide voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines. The nature of the law enforcement assistance to be rendered shall include but not be limited to: a. Concurrent law enforcement jurisdiction in and throughout the territorial limits of Bal Harbour Village and the City of Aventura for arrests, made pursuant to the laws of arrest,for felonies and misdemeanors, including arrestable traffic offenses, which spontaneously take place in the presence of the arresting officer, at such times as the arresting officer is traveling from place to place on official business outside of his or her jurisdiction,for example,to or from court,or at any time when the officer is within the territorial limits of his or her jurisdiction. b. Concurrent law enforcement jurisdiction in and throughout the territorial limits of Bal Harbour Village and the City of Aventura for arrests, made pursuant to the laws of arrest, of persons identified as a result of investigations of any offense constituting a felony or any act of Domestic Violence as defined in Section 741.28, Florida Statutes, when such offense occurred in the municipality employing the arresting officer. c. Concurrent law enforcement jurisdiction in and upon the jurisdictional waters of Bal Harbour Village and the City of Aventura for arrests, made pursuant to the laws of arrest,for felonies and Page 2 of 8 Mutual Aid Agreement between City of Aventura and Bal Harbour Village misdemeanors and boating infractions. d. Participating in exigent situations, without the need for a formal request, including, but not limited to, area searches for wanted subjects, perimeters, crimes in progress, escaped prisoners, traffic stops near municipal boundaries, requests for assistance when no available local units are nearby, 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. e. Concurrent law enforcement jurisdiction in and throughout the territorial limits of Bal Harbour Village and the City of Aventura for investigations of homicides, sex offenses, robberies, assaults, batteries, burglaries, larcenies, gambling, motor vehicle thefts, drug violations pursuant to Chapter 893, Florida Statutes, and inter-agency task forces and/or joint investigations. Prior to any officer taking enforcement action pursuant to paragraphs (a) through (e) above,the officer shall notify the jurisdiction in which the action will be taken, unless exigent circumstances prevent such prior notification, in which case notification shall be made as soon after the action as practicable. If the agency having normal jurisdiction responds to the scene the assisting agency's officer may turn the situation over to them and offer any assistance requested including,but not limited to,a follow-up written report documenting the event and the actions taken. These provisions are not intended to grant general authority to conduct investigations, serve warrants and/or subpoenas or to respond without request to emergencies already being addressed by the agency of normal jurisdiction, but is intended to address critical, life-threatening or public safety situations, prevent bodily injury to citizens, or secure apprehension of criminals whom the law enforcement officer may encounter. SECTION II: PROVISIONS FOR OPERATIONAL ASSISTANCE The aforesaid law enforcement agencies hereby approve and enter into this Agreement whereby each of the agencies may request and render law enforcement assistance to the other to include, but not necessarily be limited to dealing with,the following: a. Joint multi-jurisdictional criminal investigations. b. Civil affray or disobedience, disturbances, riots, large protest demonstrations and assemblies, controversial trials, political conventions, labor disputes, and strikes. c. Any natural,technological or manmade disaster. d. Incidents which require rescue operations and crowd and traffic control measures including, but not Page 3 of 8 Mutual Aid Agreement between City of Aventura and Bal Harbour Village 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. e. Terrorist activities including, but not limited to, acts of sabotage. f. Escapes from, or disturbances within, prisoner processing facilities. g. Hostage and barricaded subject situations,and aircraft piracy. h. Control of major crime scenes, area searches, perimeter control, back-ups to emergency and in- progress calls, pursuits, and missing person calls. i. Enemy attack. j. Transportation of evidence requiring security. k. Major events, e.g., sporting events, concerts, parades,fairs,festivals,and conventions. I. Security and escort duties for dignitaries. m.Incidents requiring utilization of specialized units;e.g., underwater recovery,marine patrol,aircraft, canine, motorcycle, bicycle, mounted, SWAT, bomb, crime scene and police information. n. Emergency situations in which one agency cannot perform its functional objective. o. Joint training in areas of mutual need. p. Joint multi-jurisdictional marine interdiction operations. q. Off-duty special events. r. DUI Checkpoints. SECTION III: PROCEDURE FOR REQUESTING OPERATIONAL ASSISTANCE a. Mutual aid requested or rendered will be approved by the Chief of Police, or designee. The Chief of Police,or designee,of the agency whose assistance is sought shall evaluate the situation and the agency's available resources, consult with his/her supervisors, if necessary, and will respond in a manner he/she deems appropriate. b. The Chief of Police in whose jurisdiction assistance is being rendered may determine who is authorized to lend assistance in his/her jurisdiction,for how long such assistance is authorized,and for what purpose such authority is granted. This authority may be granted either verbally or in writing as the particular situation dictates. c. Specific reporting instructions for personnel rendering mutual aid will be included in the request for mutual aid. In the absence of such reporting instructions, personnel will report to the ranking on-duty supervisor on the scene. Page 4 of 8 Mutual Aid Agreement between City of Aventura and Bal Harbour Village d. Communications instructions should be included in each request for mutual aid and each agency's communications centers will maintain radio contact with each other until the mutual aid situation has ended. e. Incidents requiring mass processing of arrestees, transporting prisoners, and operating temporary detention facilities will be handled per established procedures of the requesting agency or Chief of Police involved. SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY a. COMMAND: The personnel and equipment that are assigned by the assisting Chief of Police shall be under the immediate command of a supervising officer designated by the assisting Chief of Police. Such supervising officer shall be under the direct supervision and command of the Chief of Police or his/her designee of the agency requesting assistance. b. CONFLICTS: Whenever an officer is rendering assistance pursuant to this Agreement, the officer shall abide by and be subject to the rules and regulations, personnel policies,general orders, and standard operating procedures of his/her own employer. If any such rule, regulation, personnel policy, general order or standing operating procedure is contradicted, contravened or otherwise in conflict with a direct order of a superior officer of the requesting agency, then such rule, regulation, policy, general order or procedure shall control and shall supersede the direct order. c. HANDLING COMPLAINTS: Whenever there is cause to believe that a complaint has arisen as a result of a cooperative effort as it may pertain to this Agreement, the Chief of Police or his/her designee of the agency employing the officer who is the subject of the complaint shall be responsible for the investigation of the complaint.The Chief of Police or designee of the requesting agency should ascertain at a minimum: 1.The identity of the complainant; 2. An address where the complaining party can be contacted; 3. The specific allegation; and 4. The identity of the employees accused without regard as to agency affiliation. If it is determined during the investigation of a complaint that the accused is an employee of the assisting agency,the above information,with all pertinent documentation gathered during the receipt and processing of the complaint, shall be forwarded without delay to the agency for administrative Page 5 of 8 Mutual Aid Agreement between City of Aventura and Bal Harbour Village review.The requesting agency may conduct a review of the complaint to determine if any factual basis for the complaint exists and/or whether any of the employees of the requesting agency violated any of their agency's policies or procedures. SECTION V: LIABILITY Each party engaging in any mutual cooperation and assistance, pursuant to this Agreement, agrees to assume responsibility for the acts, omissions or conduct of such party's own employees while engaged in rendering such aid pursuant to this Agreement, subject to the provisions of Section 768.28, Florida Statutes,where applicable. SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS a. Employees of Bal Harbour Village and the City of Aventura when actually engaging in mutual cooperation and assistance outside of their normal jurisdictional limits but inside this State, under the terms of this Agreement, shall, pursuant to the provisions of Section 23.127 (1), Fla. Stat. (as amended), have the same powers, duties, rights, privileges and immunities as if the employee was performing duties inside the employee's political subdivision in which normally employed. b. Each party agrees to furnish necessary personnel equipment, resources and facilities and to render services to each other party to this Agreement as set forth above; provided, however,that no party shall be required to deplete unreasonably its own personnel, equipment, resources, facilities, and services in furnishing such mutual aid. c. The political subdivision that furnishes equipment pursuant to this Agreement must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. d.The political subdivision furnishing aid pursuant to this Agreement shall compensate its employees during the time of the rendering of aid and shall defray (provide for the payment of) the actual travel and maintenance expenses of its employees while they are rendering aid, including any amounts paid or due for compensation for personal injury or death while its employees are rendering aid. e. The privileges and immunities from liability, exemption from laws, ordinances and rules, and Page 6 of 8 Mutual Aid Agreement between City of Aventura and Bal Harbour Village pension, insurance, relief, disability, workers' compensation, salary, death, and other benefits that apply to the activity of an employee of an agency when performing the employee's duties within the territorial limits of the employee's agency apply to the employee to the same degree, manner, and extent while engaged in the performance of the employee's duties extraterritorially under the provisions of this mutual aid Agreement.This section applies to paid,volunteer, reserve and auxiliary employees. f. Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting agency for any actual costs or expenses incurred by the assisting agency performing hereunder. SECTION VII: FORFEITURES It is recognized that during the course of the operation of this Agreement, property subject to forfeiture under Sections 932.701-932.707,Florida Statutes,known as the"Florida Contraband Forfeiture Act," may be seized. The property shall be seized, forfeited, and equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency pursuant of the provisions of the "Florida Contraband Forfeiture Act." SECTION VIII: INSURANCE Each political subdivision shall provide, upon request, satisfactory proof of liability insurance by one or more of the means specified in Section 768.28, Florida Statutes, in an amount which is, in the judgment of the governing body of that political subdivision, at least adequate to cover the risk to which that party may be exposed. Should the insurance coverage, however provided, of any party be canceled or undergo material change, that party shall notify all parties to this Agreement of such change within ten (10) days of receipt of the notice or actual knowledge of such change. SECTION IX: EFFECTIVE DATE This Agreement shall take effect retroactively from January 1,2020 upon execution and approval by the hereinafter named officials and shall continue in full force and effect until December 31, 2024. Under no circumstances may this Agreement be renewed, amended or extended except in writing. SECTION X: CANCELLATION Either party may cancel its participation in this Agreement upon delivery of written notice to the Page 7 of 8 Mutual Aid Agreement between City of Aventura and Bal Harbour Village other political subdivision. IN WITNESS WHEREOF, the parties hereto cause these presents to be signed on the date first written above. AGREED AND ACKNOWLEDGED this day of , 2020. JORGE M. GONZALEZ RONALD J. WASSON Village Manager City Manager Bal Harbour Village, Florida City of Aventura, Florida Date: Date: ATTEST: ATTEST: DWIGHT S. DANIE ELLISA L. HORVATH, MMC Village Clerk City Clerk Bal Harbour Village, Florida City of Aventura, Florida APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGAL SUFFICIENCY: LEGAL SUFFICIENCY: WEISS SEROTA HELFMAN COLE & BIERMAN, P.L WEISS SEROTA HELFMAN COLE Village Attorney & BIERMAN, P.L Bal Harbour Village, Florida City Attorney City of Aventura, Florida RALEIGH FLOWERS Jr. BRYAN PEGUES Chief of Police Chief of Police Bal Harbour Village, Florida City of Aventura, Florida Page 8 of 8 JOINT DECLARATION BETWEEN THE CITY OF AVENTURA AND BAL HARBOUR VILLAGE PURSUANT TO A MUTUAL AID AGREEMENT A police officer of either of the participating law enforcement agencies shall be considered to be operating under the provisions of the mutual aid agreement when: • Participating in law enforcement activities that are preplanned and approved by each respective agency head; or • Appropriately dispatched in response to a request for assistance from the other law enforcement agency. In compliance with and under the authority of the Mutual Aid Agreement heretofore entered into by the City of Aventura, Florida and Bal Harbour Village, Florida, it is hereby declared that the following list comprises the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant to the agreement. Said list may be amended or supplemented from time to time as needs dictate by subsequent declarations. 1. Joint multi jurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes, and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from or disturbances within detention facilities. 7. Hostage and barricaded subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back-ups to emergency and in-progress calls, pursuits, and missing person calls. 9. Enemy attack. Joint Declaration of Mutual Aid City of Aventura and Bal Harbour Village 10. Transportation of evidence requiring security. 11. Major events, e.g., sporting events, concerts, parades, fairs, festivals and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization of specialized units, e.g., underwater recovery, aircraft, canine, motorcycle, bomb, crime scene, marine patrol, and police information. 15. Joint training in areas of mutual need. 16. Joint multi jurisdictional marine interdiction operations. The following procedures will apply in mutual aid operations: 1. Mutual aid requested or rendered will be approved by the Chief of Police or designee. 2. Specific reporting instructions for personnel rendering mutual aid should be included in the request for mutual aid. In the absence of such instructions, personnel will report to the ranking on-duty supervisor on the scene. 3. Communications instructions will be included in each request for mutual aid. 4. Incidents requiring mass processing of arrestees, transporting prisoners, and operating temporary detention facilities will be handled per established procedures. AGREED TO AND ACKNOWLEDGED this day of , 2020. Raleigh Flowers, Jr. Bryan Pegues Chief of Police Chief of Police Bal Harbour Village, Florida Aventura, Florida Date: Date: Page 2 of 3 Joint Declaration of Mutual Aid City of Aventura and Bal Harbour Village ATTEST: ATTEST: Dwight S. Danie Ellisa L. Horvath, MMC Village Clerk City Clerk Bal Harbour Village, Florida Aventura, Florida Approved as to form Approved as to form and legal sufficiency: and legal sufficiency: Village Attorney City Attorney Bal Harbour Village, Florida City of Aventura, Florida Date: Date: Page 3 of 3 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: January 3, 2020 SUBJECT: Law Enforcement Mutual Aid Agreement Between the City and Indian Creek Village January 7, 2020 City Commission Meeting Agenda Item 5-"F". RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing execution of the Law Enforcement Mutual Aid Agreement with the Indian Creek Village Police Department. 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 CCO1846-20 RESOLUTION NO. 2020- 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 INDIAN CREEK VILLAGE 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 Indian Creek Village 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. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Marc Narotsky Mayor Enid Weisman City of Aventura Resolution No. 2020- PASSED AND ADOPTED this 7th day of January, 2020. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY COMBINED VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT BETWEEN INDIAN CREEK VILLAGE, FLORIDA AND THE CITY OF AVENTURA, FLORIDA This Voluntary Cooperation and Operational Assistance Mutual Aid Agreement(the"Agreement") is made as of this day of , 2020, by and between the INDIAN CREEK VILLAGE, FLORIDA, a Florida municipal corporation, having its principal office at 9080 Bay Drive Indian Creek Village, FL 33154, and the CITY OF AVENTURA, FLORIDA, a Florida municipal corporation having its principal office at 19200 West Country Club Drive, Aventura, Florida 33180, and states as follows: WHEREAS, it is the responsibility of the governments of Indian Creek Village, Florida, and the City of Aventura, Florida, to ensure the public safety of their citizens by providing adequate levels of police services to address any foreseeable routine or emergency situation; and WHEREAS, there is an existing and continuing possibility of the occurrence of law enforcement problems and other natural and man-made conditions which are, or are likely to be, beyond the control of the services, personnel, equipment, or facilities of Indian Creek Village Police Department or the City of Aventura Police Department; and WHEREAS, Indian Creek Village and the City of Aventura are so located in relation to each other that it is in the best interest and advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to: (1) Continuing, multi-jurisdictional criminal activity, so as to protect the public peace and safety, and preserve the lives and property of the people; and (2) Intensive situations including, but not limited to, natural or manmade disasters or emergencies as defined under Section 252.34, Florida Statutes; and (3) Joint provision of certain law enforcement services specified herein and allowed pursuant to Florida Statute 166.0495; and Mutual Aide Agreement between City of Aventura and Indian Creek Village WHEREAS, Indian Creek Village and the City of Aventura have the authority under The Mutual Aid Act, Chapter 23, Part I, Florida Statutes, to enter into a combined mutual aid agreement for law enforcement services which: (1) Permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines; and (2) Provides for rendering of assistance in a law enforcement emergency. NOW,THEREFORE, BE IT KNOWN,that Indian Creek Village, a political subdivision of the State of Florida, and the City of Aventura a political subdivision of the State of Florida, in consideration for mutual promises to render valuable aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions. SECTION 1: PROVISIONS FOR VOLUNTARY COOPERATION Each of the aforesaid law enforcement agencies hereby approve and enter into this Agreement whereby each of the agencies may provide voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines. The nature of the law enforcement assistance to be rendered shall include but not be limited to: a. Concurrent law enforcement jurisdiction in and throughout the territorial limits of Indian Creek Village and the City of Aventura for arrests, made pursuant to the laws of arrest, for felonies and misdemeanors, including arrestable traffic offenses, which spontaneously take place in the presence of the arresting officer, at such times as the arresting officer is traveling from place to place on official business outside of his or her jurisdiction,for example,to or from court,or at any time when the officer is within the territorial limits of his or her jurisdiction. b. Concurrent law enforcement jurisdiction in and throughout the territorial limits of Indian Creek Village and the City of Aventura for arrests, made pursuant to the laws of arrest, of persons identified as a result of investigations of any offense constituting a felony or any act of Domestic Violence as defined in Section 741.28, Florida Statutes, when such offense occurred in the municipality employing the arresting officer. c. Concurrent law enforcement jurisdiction in and upon the jurisdictional waters of Indian Creek Village and the City of Aventura for arrests, made pursuant to the laws of arrest,for felonies and Page 2 of 8 Mutual Aide Agreement between City of Aventura and Indian Creek Village misdemeanors and boating infractions. d. Participating in exigent situations, without the need for a formal request, including, but not limited to,area searches for wanted subjects,perimeters,crimes in progress, escaped prisoners, traffic stops near municipal boundaries, requests for assistance when no available local units are nearby,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. e. Concurrent law enforcement jurisdiction in and throughout the territorial limits of Indian Creek Village and the City of Aventura for investigations of homicides, sex offenses, robberies, assaults, batteries, burglaries, larcenies, gambling, motor vehicle thefts, drug violations pursuant to Chapter 893, Florida Statutes, and inter-agency task forces and/or joint investigations. Prior to any officer taking enforcement action pursuant to paragraphs (a) through (e) above,the officer shall notify the jurisdiction in which the action will be taken, unless exigent circumstances prevent such prior notification, in which case notification shall be made as soon after the action as practicable. If the agency having normal jurisdiction responds to the scene the assisting agency's officer may turn the situation over to them and offer any assistance requested including,but not limited to,a follow-up written report documenting the event and the actions taken. These provisions are not intended to grant general authority to conduct investigations, serve warrants and/or subpoenas or to respond without request to emergencies already being addressed by the agency of normal jurisdiction, but is intended to address critical, life-threatening or public safety situations, prevent bodily injury to citizens, or secure apprehension of criminals whom the law enforcement officer may encounter. SECTION II: PROVISIONS FOR OPERATIONAL ASSISTANCE The aforesaid law enforcement agencies hereby approve and enter into this Agreement whereby each of the agencies may request and render law enforcement assistance to the other to include, but not necessarily be limited to dealing with,the following: a. Joint multi-jurisdictional criminal investigations. b. Civil affray or disobedience, disturbances, riots, large protest demonstrations and assemblies, controversial trials, political conventions, labor disputes, and strikes. c. Any natural,technological or manmade disaster. d. 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, Page 3 of 8 Mutual Aide Agreement between City of Aventura and Indian Creek Village radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. e.Terrorist activities including, but not limited to, acts of sabotage. f. Escapes from, or disturbances within, prisoner processing facilities. g. Hostage and barricaded subject situations,and aircraft piracy. h. Control of major crime scenes, area searches, perimeter control, back-ups to emergency and in- progress calls, pursuits,and missing person calls. i. Enemy attack. j. Transportation of evidence requiring security. k. Major events, e.g., sporting events, concerts, parades,fairs,festivals, and conventions. I. Security and escort duties for dignitaries. m. Incidents requiring utilization of specialized units; e.g., underwater recovery, marine patrol, aircraft, canine, motorcycle, bicycle, mounted, SWAT, bomb, crime scene and police information. n. Emergency situations in which one agency cannot perform its functional objective. o. Joint training in areas of mutual need. p. Joint multi-jurisdictional marine interdiction operations. q. Off-duty special events. r. DUI Checkpoints. SECTION III: PROCEDURE FOR REQUESTING OPERATIONAL ASSISTANCE a. Mutual aid requested or rendered will be approved by the Chief of Police, or designee. The Chief of Police,or designee,of the agency whose assistance is sought shall evaluate the situation and the agency's available resources, consult with his/her supervisors, if necessary, and will respond in a manner he/she deems appropriate. b. The Chief of Police in whose jurisdiction assistance is being rendered may determine who is authorized to lend assistance in his/her jurisdiction,for how long such assistance is authorized,and for what purpose such authority is granted. This authority may be granted either verbally or in writing as the particular situation dictates. c. Specific reporting instructions for personnel rendering mutual aid will be included in the request for mutual aid. In the absence of such reporting instructions, personnel will report to the ranking on-duty supervisor on the scene. d. Communications instructions should be included in each request for mutual aid and each agency's Page 4 of 8 Mutual Aide Agreement between City of Aventura and Indian Creek Village communications centers will maintain radio contact with each other until the mutual aid situation has ended. e. Incidents requiring mass processing of arrestees, transporting prisoners, and operating temporary detention facilities will be handled per established procedures of the requesting agency or Chief of Police involved. SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY a. COMMAND: The personnel and equipment that are assigned by the assisting Chief of Police shall be under the immediate command of a supervising officer designated by the assisting Chief of Police. Such supervising officer shall be under the direct supervision and command of the Chief of Police or his/her designee of the agency requesting assistance. b. CONFLICTS: Whenever an officer is rendering assistance pursuant to this Agreement, the officer shall abide by and be subject to the rules and regulations, personnel policies, general orders, and standard operating procedures of his/her own employer. If any such rule, regulation, personnel policy,general order or standing operating procedure is contradicted, contravened or otherwise in conflict with a direct order of a superior officer of the requesting agency,then such rule, regulation, policy,general order or procedure shall control and shall supersede the direct order. c. HANDLING COMPLAINTS: Whenever there is cause to believe that a complaint has arisen as a result of a cooperative effort as it may pertain to this Agreement,the Chief of Police or his/her designee of the agency employing the officer who is the subject of the complaint shall be responsible for the investigation of the complaint. The Chief of Police or designee of the requesting agency should ascertain at a minimum: 1.The identity of the complainant; 2. An address where the complaining party can be contacted; 3. The specific allegation;and 4. The identity of the employees accused without regard as to agency affiliation. If it is determined during the investigation of a complaint that the accused is an employee of the assisting agency, the above information, with all pertinent documentation gathered during the Page 5 of 8 Mutual Aide Agreement between City of Aventura and Indian Creek Village receipt and processing of the complaint, shall be forwarded without delay to the agency for administrative review. The requesting agency may conduct a review of the complaint to determine if any factual basis for the complaint exists and/or whether any of the employees of the requesting agency violated any of their agency's policies or procedures. SECTION V: LIABILITY Each party engaging in any mutual cooperation and assistance, pursuant to this Agreement, agrees to assume responsibility for the acts, omissions or conduct of such party's own employees while engaged in rendering such aid pursuant to this Agreement, subject to the provisions of Section 768.28, Florida Statutes,where applicable. SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS a. Employees of Indian Creek Village and the City of Aventura when actually engaging in mutual cooperation and assistance outside of their normal jurisdictional limits but inside this State, under the terms of this Agreement, shall, pursuant to the provisions of Section 23.127 (1), Fla. Stat. (as amended), have the same powers, duties, rights, privileges and immunities as if the employee was performing duties inside the employee's political subdivision in which normally employed. b. Each party agrees to furnish necessary personnel equipment, resources and facilities and to render services to each other party to this agreement as set forth above; provided, however,that no party shall be required to deplete unreasonably its own personnel, equipment, resources, facilities, and services in furnishing such mutual aid. c. The political subdivision that furnishes equipment pursuant to this Agreement must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. d.The political subdivision furnishing aid pursuant to this Agreement shall compensate its employees during the time of the rendering of aid and shall defray (provide for the payment of) the actual travel and maintenance expenses of its employees while they are rendering aid, including any amounts paid or due for compensation for personal injury or death while its employees are rendering aid. Page 6 of 8 Mutual Aide Agreement between City of Aventura and Indian Creek Village e. The privileges and immunities from liability,exemption from laws,ordinances and rules,and pension, insurance, relief, disability, workers' compensation, salary, death, and other benefits that apply to the activity of an employee of an agency when performing the employee's duties within the territorial limits of the employee's agency apply to the employee to the same degree, manner, and extent while engaged in the performance of the employee's duties extraterritorially under the provisions of this mutual aid Agreement.This section applies to paid,volunteer, reserve and auxiliary employees. f. Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting agency for any actual costs or expenses incurred by the assisting agency performing hereunder. SECTION VII: FORFEITURES It is recognized that during the course of the operation of this Agreement, property subject to forfeiture under Sections 932.701-932.707,Florida Statutes,known as the"Florida Contraband Forfeiture Act," may be seized. The property shall be seized, forfeited, and equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency pursuant of the provisions of the "Florida Contraband Forfeiture Act." SECTION VIII: INSURANCE Each political subdivision shall provide, upon request, satisfactory proof of liability insurance by one or more of the means specified in Section 768.28, Florida Statutes, in an amount which is, in the judgment of the governing body of that political subdivision, at least adequate to cover the risk to which that party may be exposed. Should the insurance coverage, however provided, of any party be canceled or undergo material change, that party shall notify all parties to this Agreement of such change within ten (10)days of receipt of the notice or actual knowledge of such change. SECTION IX: EFFECTIVE DATE This agreement shall take effect retroactively from January 1, 2020 upon execution and approval by the hereinafter named officials and shall continue in full force and effect until December 31, 2024. Under no circumstances may this agreement be renewed, amended or extended except in writing. Page 7 of 8 Mutual Aide Agreement between City of Aventura and Indian Creek Village SECTION X: CANCELLATION Either party may cancel its participation in this Agreement upon delivery of written notice to the other political subdivision. IN WITNESS WHEREOF, the parties hereto cause these presents to be signed on the date first written above. AGREED AND ACKNOWLEDGED this day of , 2020. C. SAMUEL KISSINGER RONALD J.WASSON Village Manager City Manager Indian Creek Village, Florida City of Aventura, Florida Date: Date: ATTEST: ATTEST: MARILANE LIMA ELLISA L. HORVATH, MMC Village Clerk City Clerk Indian Creek Village, Florida City of Aventura, Florida APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGAL SUFFICIENCY: LEGAL SUFFICIENCY: WEISS SEROTA HELFMAN COLE& BIERMAN, P.L WEISS SEROTA HELFMAN COLE Village Attorney & BIERMAN, P.L Indian Creek Village, Florida City Attorney City of Aventura, Florida CLARKE MAHER BRYAN PEGUES Chief of Police Chief of Police Indian Creek Village, Florida City of Aventura, Florida Page 8 of 8 JOINT DECLARATION BETWEEN THE CITY OF AVENTURA AND INDIAN CREEK VILLAGE PURSUANT TO A MUTUAL AID AGREEMENT A police officer of either of the participating law enforcement agencies shall be considered to be operating under the provisions of the mutual aid agreement when: • Participating in law enforcement activities that are preplanned and approved by each respective agency head; or • Appropriately dispatched in response to a request for assistance from the other law enforcement agency. In compliance with and under the authority of the Mutual Aid Agreement heretofore entered into by the City of Aventura, Florida and Indian Creek Village, Florida, it is hereby declared that the following list comprises the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant to the agreement. Said list may be amended or supplemented from time to time as needs dictate by subsequent declarations. 1. Joint multi jurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes, and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from or disturbances within detention facilities. 7. Hostage and barricaded subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back-ups to emergency and in-progress calls, pursuits, and missing person calls. 9. Enemy attack. Joint Declaration of Mutual Aid City of Aventura and Indian Creek Village 10. Transportation of evidence requiring security. 11. Major events, e.g., sporting events, concerts, parades, fairs, festivals and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization of specialized units, e.g., underwater recovery, aircraft, canine, motorcycle, bomb, crime scene, marine patrol, and police information. 15. Joint training in areas of mutual need. 16. Joint multi jurisdictional marine interdiction operations. The following procedures will apply in mutual aid operations: 1. Mutual aid requested or rendered will be approved by the Chief of Police or designee. 2. Specific reporting instructions for personnel rendering mutual aid should be included in the request for mutual aid. In the absence of such instructions, personnel will report to the ranking on-duty supervisor on the scene. 3. Communications instructions will be included in each request for mutual aid. 4. Incidents requiring mass processing of arrestees, transporting prisoners, and operating temporary detention facilities will be handled per established procedures. AGREED TO AND ACKNOWLEDGED this day of , 2020. Clarke Maher Bryan Pegues Chief of Police Chief of Police Indian Creek Village, Florida Aventura, Florida Date: Date: Page 2 of 3 Joint Declaration of Mutual Aid City of Aventura and Indian Creek Village ATTEST: ATTEST: Marilane Lima Ellisa L. Horvath, MMC Village Clerk City Clerk Indian Creek Village, Florida Aventura, Florida Approved as to form Approved as to form and legal sufficiency: and legal sufficiency: Village Attorney City Attorney Indian Creek Village, Florida City of Aventura, Florida Date: Date: Page 3 of 3 CITY OF AVENTURA OFFICE OF THE CITY MANAGER 7 MEMORANDUM TO: City Commission � FROM: Ronald J. Wasson, City Manage ' 1 DATE: January 3, 2020 SUBJECT: Law Enforcement Mutual Aid Agreement Between the City and the Town of Medley January 7, 2020 City Commission Meeting Agenda Item 5-C7 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 Medley. 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 CCO1847-20 RESOLUTION NO. 2020- 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 MEDLEY 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 Medley 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. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Marc Narotsky Mayor Enid Weisman City of Aventura Resolution No. 2020- PASSED AND ADOPTED this 7th day of January, 2020. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY COMBINED VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT BETWEEN THE TOWN OF MEDLEY, FLORIDA AND THE CITY OF AVENTURA, FLORIDA This Voluntary Cooperation and Operational Assistance Mutual Aid Agreement(the"Agreement") is made as of this day of , 2020, by and between the THE TOWN OF MEDLEY, FLORIDA, a Florida municipal corporation, having its principal office at 7777 NW 72 Avenue, Medley, Florida 33166, and the CITY OF AVENTURA, FLORIDA, a Florida municipal corporation having its principal office at 19200 West Country Club Drive, Aventura, Florida 33180, and states as follows: WHEREAS,it is the responsibility of the governments of The Town of Medley, Florida,and the City of Aventura, Florida, to ensure the public safety of their citizens by providing adequate levels of police services to address any foreseeable routine or emergency situation; and WHEREAS, there is an existing and continuing possibility of the occurrence of law enforcement problems and other natural and man-made conditions which are, or are likely to be, beyond the control of the services, personnel, equipment, or facilities of The Town of Medley Police Department or the City of Aventura Police Department; and WHEREAS,The Town of Medley and the City of Aventura are so located in relation to each other that it is in the best interest and advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to: (1) Continuing, multi-jurisdictional criminal activity, so as to protect the public peace and safety, and preserve the lives and property of the people; and (2) Intensive situations including, but not limited to, natural or manmade disasters or emergencies as defined under Section 252.34, Florida Statutes; and (3) Joint provision of certain law enforcement services specified herein and allowed pursuant to Florida Statute 166.0495; and Mutual Aid Agreement between City of Aventura and The Town of Medley WHEREAS, The Town of Medley and the City of Aventura have the authority under The Mutual Aid Act, Chapter 23, Part I, Florida Statutes, to enter into a combined mutual aid agreement for law enforcement services which: (1) Permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines; and (2) Provides for rendering of assistance in a law enforcement emergency. NOW, THEREFORE, BE IT KNOWN, that The Town of Medley, a political subdivision of the State of Florida, and the City of Aventura a political subdivision of the State of Florida, in consideration for mutual promises to render valuable aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions. SECTION 1: PROVISIONS FOR VOLUNTARY COOPERATION Each of the aforesaid law enforcement agencies hereby approve and enter into this Agreement whereby each of the agencies may provide voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines. The nature of the law enforcement assistance to be rendered shall include but not be limited to: a. Concurrent law enforcement jurisdiction in and throughout the territorial limits of The Town of Medley and the City of Aventura for arrests, made pursuant to the laws of arrest,for felonies and misdemeanors, including arrestable traffic offenses, which spontaneously take place in the presence of the arresting officer, at such times as the arresting officer is traveling from place to place on official business outside of his or her jurisdiction,for example,to or from court,or at any time when the officer is within the territorial limits of his or her jurisdiction. b. Concurrent law enforcement jurisdiction in and throughout the territorial limits of The Town of Medley and the City of Aventura for arrests, made pursuant to the laws of arrest, of persons identified as a result of investigations of any offense constituting a felony or any act of Domestic Violence as defined in Section 741.28, Florida Statutes, when such offense occurred in the municipality employing the arresting officer. c. Concurrent law enforcement jurisdiction in and upon the jurisdictional waters of The Town of Medley and the City of Aventura for arrests, made pursuant to the laws of arrest,for felonies and misdemeanors and boating infractions. Page 2 of 8 Mutual Aid Agreement between City of Aventura and The Town of Medley d. Participating in exigent situations, without the need for a formal request, including, but not limited to,area searches for wanted subjects,perimeters,crimes in progress, escaped prisoners, traffic stops near municipal boundaries, requests for assistance when no available local units are nearby,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. e. Concurrent law enforcement jurisdiction in and throughout the territorial limits of The Town of Medley and the City of Aventura for investigations of homicides,sex offenses, robberies,assaults, batteries, burglaries, larcenies, gambling, motor vehicle thefts, drug violations pursuant to Chapter 893, Florida Statutes, and inter-agency task forces and/or joint investigations. Prior to any officer taking enforcement action pursuant to paragraphs (a) through (e) above,the officer shall notify the jurisdiction in which the action will be taken, unless exigent circumstances prevent such prior notification, in which case notification shall be made as soon after the action as practicable. If the agency having normal jurisdiction responds to the scene the assisting agency's officer may turn the situation over to them and offer any assistance requested including,but not limited to,a follow-up written report documenting the event and the actions taken. These provisions are not intended to grant general authority to conduct investigations, serve warrants and/or subpoenas or to respond without request to emergencies already being addressed by the agency of normal jurisdiction, but is intended to address critical, life-threatening or public safety situations, prevent bodily injury to citizens, or secure apprehension of criminals whom the law enforcement officer may encounter. SECTION II: PROVISIONS FOR OPERATIONAL ASSISTANCE The aforesaid law enforcement agencies hereby approve and enter into this Agreement whereby each of the agencies may request and render law enforcement assistance to the other to include, but not necessarily be limited to dealing with, the following: a. Joint multi-jurisdictional criminal investigations. b. Civil affray or disobedience, disturbances, riots, large protest demonstrations and assemblies, controversial trials, political conventions, labor disputes, and strikes. c. Any natural,technological or manmade disaster. d. 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 Page 3 of 8 Mutual Aid Agreement between City of Aventura and The Town of Medley electrical power failures. e. Terrorist activities including, but not limited to, acts of sabotage. f. Escapes from,or disturbances within, prisoner processing facilities. g. Hostage and barricaded subject situations, and aircraft piracy. h. Control of major crime scenes, area searches, perimeter control, back-ups to emergency and in- progress calls, pursuits, and missing person calls. i. Enemy attack. j. Transportation of evidence requiring security. k. Major events, e.g., sporting events, concerts, parades,fairs,festivals, and conventions. I. Security and escort duties for dignitaries. m.Incidents requiring utilization of specialized units;e.g., underwater recovery, marine patrol,aircraft, canine, motorcycle, bicycle, mounted, SWAT, bomb, crime scene and police information. n. Emergency situations in which one agency cannot perform its functional objective. o. Joint training in areas of mutual need. p. Joint multi-jurisdictional marine interdiction operations. q. Off-duty special events. r. DUI Checkpoints. SECTION III: PROCEDURE FOR REQUESTING OPERATIONAL ASSISTANCE a. Mutual aid requested or rendered will be approved by the Chief of Police, or designee. The Chief of Police,or designee,of the agency whose assistance is sought shall evaluate the situation and the agency's available resources, consult with his/her supervisors, if necessary, and will respond in a manner he/she deems appropriate. b. The Chief of Police in whose jurisdiction assistance is being rendered may determine who is authorized to lend assistance in his/her jurisdiction,for how long such assistance is authorized,and for what purpose such authority is granted. This authority may be granted either verbally or in writing as the particular situation dictates. c. Specific reporting instructions for personnel rendering mutual aid will be included in the request for mutual aid. In the absence of such reporting instructions, personnel will report to the ranking on-duty supervisor on the scene. d. Communications instructions should be included in each request for mutual aid and each agency's communications centers will maintain radio contact with each other until the mutual aid situation Page 4 of 8 Mutual Aid Agreement between City of Aventura and The Town of Medley has ended. e. Incidents requiring mass processing of arrestees, transporting prisoners, and operating temporary detention facilities will be handled per established procedures of the requesting agency or Chief of Police involved. SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY a. COMMAND: The personnel and equipment that are assigned by the assisting Chief of Police shall be under the immediate command of a supervising officer designated by the assisting Chief of Police. Such supervising officer shall be under the direct supervision and command of the Chief of Police or his/her designee of the agency requesting assistance. b. CONFLICTS: Whenever an officer is rendering assistance pursuant to this Agreement, the officer shall abide by and be subject to the rules and regulations, personnel policies,general orders, and standard operating procedures of his/her own employer. If any such rule, regulation, personnel policy, general order or standing operating procedure is contradicted, contravened or otherwise in conflict with a direct order of a superior officer of the requesting agency, then such rule, regulation, policy, general order or procedure shall control and shall supersede the direct order. c. HANDLING COMPLAINTS: Whenever there is cause to believe that a complaint has arisen as a result of a cooperative effort as it may pertain to this Agreement, the Chief of Police or his/her designee of the agency employing the officer who is the subject of the complaint shall be responsible for the investigation of the complaint.The Chief of Police or designee of the requesting agency should ascertain at a minimum: 1.The identity of the complainant; 2. An address where the complaining party can be contacted; 3. The specific allegation;and 4. The identity of the employees accused without regard as to agency affiliation. If it is determined during the investigation of a complaint that the accused is an employee of the assisting agency,the above information,with all pertinent documentation gathered during the receipt and processing of the complaint, shall be forwarded without delay to the agency for administrative review.The requesting agency may conduct a review of the complaint to determine if any factual basis for the complaint exists and/or whether any of the employees of the requesting agency violated any Page 5 of 8 Mutual Aid Agreement between City of Aventura and The Town of Medley of their agency's policies or procedures. SECTION V: LIABILITY Each party engaging in any mutual cooperation and assistance, pursuant to this Agreement, agrees to assume responsibility for the acts, omissions or conduct of such party's own employees while engaged in rendering such aid pursuant to this Agreement, subject to the provisions of Section 768.28, Florida Statutes,where applicable. SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS a. Employees of The Town of Medley and the City of Aventura when actually engaging in mutual cooperation and assistance outside of their normal jurisdictional limits but inside this State, under the terms of this Agreement, shall, pursuant to the provisions of Section 23.127 (1), Fla. Stat. (as amended), have the same powers, duties, rights, privileges and immunities as if the employee was performing duties inside the employee's political subdivision in which normally employed. b. Each party agrees to furnish necessary personnel equipment, resources and facilities and to render services to each other party to this Agreement as set forth above; provided, however,that no party shall be required to deplete unreasonably its own personnel, equipment, resources, facilities, and services in furnishing such mutual aid. c. The political subdivision that furnishes equipment pursuant to this Agreement must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. d.The political subdivision furnishing aid pursuant to this Agreement shall compensate its employees during the time of the rendering of aid and shall defray (provide for the payment of) the actual travel and maintenance expenses of its employees while they are rendering aid, including any amounts paid or due for compensation for personal injury or death while its employees are rendering aid. e. The privileges and immunities from liability, exemption from laws, ordinances and rules, and pension, insurance, relief, disability, workers' compensation, salary, death, and other benefits that apply to the activity of an employee of an agency when performing the employee's duties within the Page 6 of 8 Mutual Aid Agreement between City of Aventura and The Town of Medley territorial limits of the employee's agency apply to the employee to the same degree, manner, and extent while engaged in the performance of the employee's duties extraterritorially under the provisions of this mutual aid Agreement.This section applies to paid,volunteer, reserve and auxiliary employees. f. Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting agency for any actual costs or expenses incurred by the assisting agency performing hereunder. SECTION VII: FORFEITURES It is recognized that during the course of the operation of this Agreement, property subject to forfeiture under Sections 932.701-932.707, Florida Statutes,known as the"Florida Contraband Forfeiture Act," may be seized. The property shall be seized, forfeited, and equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency pursuant of the provisions of the "Florida Contraband Forfeiture Act." SECTION VIII: INSURANCE Each political subdivision shall provide, upon request, satisfactory proof of liability insurance by one or more of the means specified in Section 768.28, Florida Statutes, in an amount which is, in the judgment of the governing body of that political subdivision, at least adequate to cover the risk to which that party may be exposed. Should the insurance coverage, however provided,of any party be canceled or undergo material change, that party shall notify all parties to this Agreement of such change within ten (10) days of receipt of the notice or actual knowledge of such change. SECTION IX: EFFECTIVE DATE This Agreement shall take effect retroactively from January 1, 2020 upon execution and approval by the hereinafter named officials and shall continue in full force and effect until December 31, 2024. Under no circumstances may this Agreement be renewed, amended or extended except in writing. SECTION X: CANCELLATION Either party may cancel its participation in this Agreement upon delivery of written notice to the other political subdivision. Page 7 of 8 Mutual Aid Agreement between City of Aventura and The Town of Medley IN WITNESS WHEREOF, the parties hereto cause these presents to be signed on the date first written above. AGREED AND ACKNOWLEDGED this day of , 2020. ROBERTO MARTELL RONALD J. WASSON Town Mayor City Manager Town of Medley, Florida City of Aventura, Florida Date: Date: ATTEST: ATTEST: VICTORIA MARTINEZ ELLISA L. HORVATH, MMC Town Clerk City Clerk Town of Medley, Florida City of Aventura, Florida APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGAL SUFFICIENCY: LEGAL SUFFICIENCY: WEISS SEROTA HELFMAN COLE& BIERMAN, P.L WEISS SEROTA HELFMAN COLE Town Attorney & BIERMAN, P.L Town of Medley, Florida City Attorney City of Aventura, Florida JEANETTE SAID-JINETE BRYAN PEGUES Chief of Police Chief of Police Town of Medley, Florida City of Aventura, Florida Page 8 of 8 JOINT DECLARATION BETWEEN THE CITY OF AVENTURA AND THE TOWN OF MEDLEY PURSUANT TO A MUTUAL AID AGREEMENT A police officer of either of the participating law enforcement agencies shall be considered to be operating under the provisions of the mutual aid agreement when: • Participating in law enforcement activities that are preplanned and approved by each respective agency head; or • Appropriately dispatched in response to a request for assistance from the other law enforcement agency. In compliance with and under the authority of the Mutual Aid Agreement heretofore entered into by the City of Aventura, Florida and The Town of Medley, Florida, it is hereby declared that the following list comprises the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant to the agreement. Said list may be amended or supplemented from time to time as needs dictate by subsequent declarations. 1. Joint multi jurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes, and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from or disturbances within detention facilities. 7. Hostage and barricaded subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back-ups to emergency and in-progress calls, pursuits, and missing person calls. 9. Enemy attack. Joint Declaration of Mutual Aid City of Aventura and The Town of Medley 10. Transportation of evidence requiring security. 11. Major events, e.g., sporting events, concerts, parades, fairs, festivals and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization of specialized units, e.g., underwater recovery, aircraft, canine, motorcycle, bomb, crime scene, marine patrol, and police information. 15. Joint training in areas of mutual need. 16. Joint multi jurisdictional marine interdiction operations. The following procedures will apply in mutual aid operations: 1. Mutual aid requested or rendered will be approved by the Chief of Police or designee. 2. Specific reporting instructions for personnel rendering mutual aid should be included in the request for mutual aid. In the absence of such instructions, personnel will report to the ranking on-duty supervisor on the scene. 3. Communications instructions will be included in each request for mutual aid. 4. Incidents requiring mass processing of arrestees, transporting prisoners, and operating temporary detention facilities will be handled per established procedures. AGREED TO AND ACKNOWLEDGED this day of , 2020. Jeanette Said-Jinte Bryan Pegues Chief of Police Chief of Police The Town of Medley, Florida Aventura, Florida Date: Date: Page 2 of 3 Joint Declaration of Mutual Aid City of Aventura and The Town of Medley ATTEST: ATTEST: Victoria Martinez Ellisa L. Horvath, MMC Town Clerk City Clerk The Town of Medley, Florida Aventura, Florida Approved as to form Approved as to form and legal sufficiency: and legal sufficiency: Village Attorney City Attorney The Town of Medley, Florida City of Aventura, Florida Date: Date: Page 3 of 3 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manage DATE: January 3, 2020 SUBJECT: Law Enforcement Mutual Aid Agreement Between the City and Miami Shores Village January 7, 2020 City Commission Meeting Agenda Item SSI RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing execution of the Law Enforcement Mutual Aid Agreement with Miami Shores Village. 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 CCO1849-20 RESOLUTION NO. 2020- 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 MIAMI SHORES VILLAGE 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 Miami Shores Village 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. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Marc Narotsky Mayor Enid Weisman City of Aventura Resolution No. 2020- PASSED AND ADOPTED this 7th day of January, 2020. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY MUTUAL AID AGREEMENT Between Miami Shores Village and the City of Aventura Whereas, because of the existing and continuing possibility of the occurrence of law enforcement problems and other natural and man-made conditions which are, or are likely to be, beyond the control of the services, personnel, equipment, or facilities of the Miami Shores Police Department or the Aventura Police Department; and Whereas, Miami Shores Village and the City of Aventura are so located in relation to each other that it is to the advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to intensive situations, including, but not limited to, natural or manmade disasters or emergencies as defined under § 252.34, Florida Statutes; 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 municipalities;and Whereas,Miami Shores Village and the City of Aventura have the authority under§ 23.12, Florida Statutes, et seq., the Florida Mutual Aid Act, to enter into a mutual aid agreement for law enforcement service which provides for rendering of assistance in a law enforcement emergency. NOW, THEREFORE, Miami Shores Village, a Florida municipal corporation, and the City of Aventura, a municipal corporation, in consideration for mutual promises to render valuable aid in time of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions: SECTION I: SHORT TITLE: Mutual Aid Agreement SECTION II: 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. SECTION III: 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 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 Miami Shores Police Department or the Aventura Police Department. 1 c. Agency Head: Either the Chief of the Miami Shores Police Department,or Chiefs designees; and the Chief of the Aventura Police Department, or the Chiefs designees. d. The participating police department: The police department of any municipality in the State of Florida that has approved and executed this Agreement upon the approval of the governing body of that municipality. e. Certified law enforcement employee: Any law enforcement employee certified as provided in Chapter 943, Florida Statutes. SECTION IV: OPERATIONS a. In the event that a party to this Agreement is in need of assistance as set specified in the applicable joint declaration, an authorized representative of the agency requiring assistance shall notify the agency head or his/her designee from whom such assistance is requested. The agency head or authorized agency representative whose assistance is sought shall evaluate the situation and the agency's available resources, consult with his/her supervisors if necessary,and will respond in a manner he/she deems appropriate. b. The agency head in whose jurisdiction assistance is being rendered may determine who is authorized to lend assistance in his/her jurisdiction, for how long such assistance is authorized and for what purpose such authority is granted. This authority may be granted either verbally or in writing as the particular situation dictates. The agency head's decision in these matters shall be final. c. Each party to this Agreement agrees to furnish necessary personnel, 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 unreasonably deplete its own personnel, equipment, resources, facilities, and services in furnishing such mutual aid, as determined by the furnishing party. d. 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. However, each employee shall also be subject to the personnel rules, regulations, procedures, and policies applicable to his or her employing agency. e. The personnel and equipment that are assigned by the assisting agency head shall be under the immediate command of a supervising officer designated by the assisting agency head. Such supervising officer shall be under the direct supervision and command of the agency head or his/her designee of the agency requesting assistance. f. Whenever an officer or other employee is rendering assistance pursuant to this Agreement, the officer or employee shall abide by and be subject to the rules and regulations, personnel policies, general orders and standard operating procedures of his/her own employing agency. If any such rule, regulation, personnel policy, general order or standard operating 2 procedure is contradicted, contravened or otherwise in conflict with a direct order of a superior officer of the requesting agency, then such rule, regulation, personnel policy, general order or procedure shall control and shall supersede the direct order. g. Whenever there is cause to believe that a complaint has arisen as a result of a cooperative effort as it may pertain to this Agreement, the agency head or his/her designee of the requesting agency shall be responsible for the documentation of said complaint to ascertain at a minimum: 1. The identity of the complainant. 2. An address where the complaining party can be contacted. 3. The specific allegation. 4. The identity of the accused employee(s) without regard to agency affiliation. If it is determined that the accused is an employee of the assisting agency, the above information,with all pertinent documentation gathered during the receipt and processing of the complaint, shall be forwarded without delay to the agency head or his/her designee of the assisting agency for administrative review. The requesting agency may conduct a review of the complaint to determine if any factual basis for the complaint exists and/or whether any of the employees of the requesting agency violated any of their agency's policies or procedures. SECTION V: POWERS, PRIVILEGES, IMMUNITIES, COSTS a. All employees of the participating 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 exemptions 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 3 functions within the territorial limits of their respective agencies, shall apply to them to the same degree, manner, and extent while engaged in the performance of their functions and duties extraterritorially under the provisions of the Mutual Aid Agreement. The provisions of this Agreement shall apply with equal effect to paid and auxiliary employees. e. Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting agency for any actual costs or expenses incurred by the assisting agency performing hereunder. f. Nothing in this agreement is intended or is to be construed as any transfer or contracting away of the powers or functions of one party hereto to the other. g. This Agreement creates no rights or benefits in favor of any third parties and there are no intended third party beneficiaries with regard to the provisions herein. SECTION VI: INDEMNIFICATION Each party engaging in any mutual cooperation and assistance, pursuant to this agreement, agrees to assume responsibility for the acts, omissions or conduct of such party's own employees while engaged in rendering such aid pursuant to this agreement, subject to the provisions of Section 768.28, Florida Statutes, where applicable. SECTION VII: FORFEITURES a. In the event that a participating agency seizes any real property, vessel, motor vehicle, aircraft, currency or other property pursuant to the Florida Contraband Forfeiture Act during the performance of this agreement, the agency requesting assistance in the case of requested operational assistance and the seizing agency in the case of voluntary cooperation shall be responsible for maintaining any forfeiture action pursuant to Chapter 932, Florida Statutes. The agency pursuing the forfeiture action shall have the exclusive right to control and the responsibility to maintain the property in accordance with Chapter 932, Florida Statutes, to include, but not be limited to, the complete discretion to bring the action or dismiss the action. b. All proceeds from forfeited property seized as a result of or in accordance with this agreement shall be divided in proportion to the amount of investigation and participation performed by each agency, less the costs associated with the forfeiture action. SECTION VIII: 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. 4 SECTION IX: EFFECTIVE DATE This agreement shall take effect upon execution and approval by the hereinafter named officials and shall continue in full force and effect until January 1, 2025. Under no circumstances may this agreement be renewed, amended, or extended except in writing. SECTION X: CANCELLATION Any party may cancel its participation in this agreement upon sixty (60) days written notice to the other party or parties. Cancellations will be at the discretion of any subscribing party. 5 IN WITNESS WHEREOF,the parties hereto cause these presents to be signed on the date specified. Thomas Benton Ronald J. Wasson Village Manager City Manager Miami Shores Village, FL City of Aventura Date: Date: Attest: Attest: Ysabely Rodriguez Ellisa L. Horvath, MMC Village Clerk City Clerk Miami Shores Village, FL City of Aventura Approved as to form Approved as to form and legal sufficiency: and legal sufficiency: Richard Sarafan Weiss, Serota, Helfman, Cole, & Village Attorney Bierman, P.L. Miami Shores Village, FL City Attorney City of Aventura Filing the mutual aid agreement:section 23.1225(4), Florida statutes, requires the filing of a copy of the signed mutual aid agreement with FDLE within 14 days after signature. Filing may be accomplished by either mailing to FDLE,P.O.Box 1489, Tallahassee,FL 32302, attention: mutual aid,or fax to 904-488- 1760. 6 JOINT DECLARATION OF THE CHIEF OF THE MIAMI SHORES POLICE DEPARTMENT AND THE CHIEF OF THE AVENTURA POLICE DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT A police officer of either of the participating law enforcement agencies shall be considered to be operating under the provisions of the mutual aid agreement when: • participating in law enforcement activities that are pre-planned and approved by each respective agency head or his/her designee; or • appropriately dispatched in response to a request for assistance from the other law enforcement agency; or • 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 Miami Shores Village and the City of Aventura, 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, technological or man-made 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. Kevin Lystad Bryan Pegues Chief of Police Chief of Police Miami Shores Police Department Aventura Police Department ATTEST: ATTEST: City Clerk City Clerk 2 CITY OF AVENTURA PUBLIC WORKS/TRANSPORTATION DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J Wasson, City Manag BY: Joseph S Kroll, Public Works/Transportation Director DATE: January 3, 2020 SUBJECT: Bid No. 20-10-17-3 - City of Aventura Municipal Transit Services January 7, 2020 City Commission Meeting Agenda Item 5 I RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 20-10-17-3 City of Aventura Municipal Transit Services to the lowest responsible and responsive bidder; RTW Management for the amount $1,270,000.00 per year. BACKGROUND The bidding process was in accordance with the City's Purchasing Ordinance. Bids for this Transit Service contract were solicited, advertised and opened on Monday, October 28, 2019 at 3 PM. Two qualified bids were received as follows: RTW Management $1,270,000.00 Limousines of South Florida $1,419,774.00 The proposals were based on qualifications for work to be performed in areas of Public Transit within the City limits for residents and visitors for predetermined stops throughout the City and on an as-needed basis determined by the City for special events. This is a widely used service with approximately 24,000 riders per month. Please note there was a protest submitted by Limousines of South Florida regarding the selection of RTW Management for transportation services. (Exhibit C Protest Letter) The City of Aventura did respond to the protest by Limousines of South Florida required by code. (Exhibit D Protest Response Letter) There was no change in the City City Commission January 3, 2020 Page 2 recommendation to award Bid No. 20-10-17-3 City of Aventura Municipal Transit Services to the lowest responsible and responsive bidder; RTW Management. JSK/gf Attachments: Exhibit "A" Bid Tabulation Sheet Exhibit "B" General Questions Responses Exhibit "C" Protest Letter Exhibit "D" Protest Response Letter JSK19018 RESOLUTION NO. 2020- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 20-10-17-3, CITY OF AVENTURA MUNICIPAL TRANSIT SERVICES FOR CITY WIDE SHUTTLE SERVICE TO RTW MANAGEMENT FOR THE INDIVIDUAL BID PRICE AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACT; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Aventura, Florida has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 20-10-17-3 CITY OF AVENTURA MUNICIPAL TRANSIT SERVICES FOR CITY WIDE SHUTTLE SERVICE; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's invitation to bid/notice to bidders, specifications, proposals and requirements for the project/work as cited above; and WHEREAS, staff has determined that RTW Management has submitted the lowest responsible and responsive bid for said project/work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That bid/contract for BID NO. 20-10-17-3, CITY OF AVENTURA MUNICIPAL TRANSIT SERVICES FOR CITY WIDE SHUTTLE SERVICE is hereby awarded to RTW Management, at the bid price as contained in the attached bid documents. City of Aventura Resolution No. 2020- Section 2. That the City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the party embodying the terms, conditions, and specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3. That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4. That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Budget Line Item Number account no. 120-5401-541.34-55. Section 5. That this Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Marc Narotsky Mayor Enid Weisman PASSED AND ADOPTED this 7th day of January, 2020. Page 2 of 3 City of Aventura Resolution No. 2020- ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 CITY OF AVENTURA BID TABULATION MUNICIPAL TRANSIT SERVICES Bid #20-10-174 Bid Opening After 3:00 pm on Monday, October 28, 2019 Limousines of RTW South Florida MANAGEMENT TOTAL ANNUAL FEE FOR EACH TWELVE MONTH PERIOD FOR FIXED ROUTE A. SERVICES $1,419,774.00 $1,270,000.00 B. PER HOUR COST FOR FIXED-ROUTE MINIBUS SERVICE AS REQUESTED BY THE CITY $ 64.50 $ 60.00 PER HOUR COST OF 32 PASSENGER BUS SERVICE FOR CITY SENIOR C. TRAVEL PROGRAMS TO AREA ATTRACTIONS AND MUSUEMS, ETC; $ 95.00 $ 70.00 APPROXIMATELY 12 PER YEAR D PER HOUR COST OF MINI BUS SERVICE FOR SPECIAL EVENTS WITHIN THE CITY $ 64.50 $ 70.00 Providing Mini Bus Service using Alternate Fuels Hourly Hourly Fee Annual Fee Fee Annual Fee Propane N/A N/A N/A N/A Compressed Natural Gas N/A N/A $140,000. SAME HRLY RATE APPLY Hybrid-Electric N/A N/A N/A N/A Electric N/A N/A $900.000. SAME HRLY RATE APPLY Alternate As the Total additional fee Per Hour for providing service using Low Floor # 1: Buses (Indicate Mfg. & Model confirm it has been Altoona tested as a 5 year N/A BLANK vehicle) AS THE TOTAL ADDITIONAL FEE PER HOUR FOR PROVIDING AUTOMATED Alternate PASSENGER COUNTING CAPABILITY AND INFORMATION AS DESCRIBED IN $1.10 $0.65 #2: SECTION 3 of 3.5 (4) OF THE SPECIAL CONDITIONS AS THE TOTAL ADDITIONAL FEE PER HOUR FOR PROVIDING SECURITY Alternate CAMERAS AS DESCRIBED IN SECTION 3.3.2.2 (P) OF THE SPECIAL $0.85 NO FEE(WE ALWAYS USE # 3: CONDITIONS THESE CAME ) Offers listed from the vendors herein are the only offers received timely as of the above opening date and time. All other offer submitted in response is solicitation, if any, are hereby rejected as late. fla kir OCTOBER 281201_9__,�_.,,,,,�„�,,� INDRA SARJU, PURC SING A r NT DATED Joseph Kroll From: Indra Sarju Sent: Friday, November 1, 2019 10:38 AM To: Joseph Kroll Subject: Fw: Bid#20-10-17-3 - Municipal Transit Services Questions See below for RT1N Response Indra K. Sarju, CPPB Purchasing Agent City of Aventura 19200 W. Country Club Drive Aventura, FL 33180 Phone #;305-466-8925 Fax#: 305-466-8939 Email: sarjuiOcityofaventura.com From:George Goates<ggoates@rtwmanagement.com> Sent:Thursday,October 31, 2019 2:57 PM To: Indra Sarju<sarjui@cityofaventura.com> Subject: RE: Bid#20-10-17-3-Municipal Transit Services Questions Indra, I apologize for the delay. I was helping the City of Scottsdale with their NTD reporting. Below are our answers to the City's questions: 1.Where is your company's base station going to be located in Aventura,FL? 2126 Fillmore St, Hollywood, FL 33020 2.Who will be your firm's on-site supervisor for complaints and scheduling? Dylan Heimer will be on site full time. Dylan is the second in charge at our Scottsdale operations where he,along with the site manager,oversees 51 drivers and twenty one buses in a seven-day-per-week operation. Dylan is more than ready to manage an operation of this size. Dylan holds a CDL, in case he ever needs to drive.We have protocol in place to ensure that he does not need to drive, but he is there as the ultimate backstop. Dylan has developed an excellent rapport with our passengers in Scottsdale and we are excited about the prospect of his services in Aventura. 3.Is your company aware that the buses for gas engines have to be replaced after they reach 125,000 miles? Yes,we read that in addendum#3. RTW replaces buses every five years,which normally reflects our contract term. 125,000 miles per bus, based on the current number of miles the contract requires is just under five years of driving. In order to say under 125,000 miles during the first five years, RTW will have to rotate in an eighth bus.This will not be a problem. RTW operates a fleet of 63 vehicles most of them are Ford/Starcraft cutaway buses. 4.Where will the bus services and maintenance be done? RTW has a fleet maintenance agreement with Ford. Metro Ford will maintain our vehicles to the strictest manufacturer's recommendation and use only Ford OEM parts.Air conditioning in these buses can be challenging especially in heat and humidity,so we will use Creative Bus Sales in Davie, because they are experts in Bus AC,which has distinct challenges of long hoses and a large volume to keep cool. RTW knows these buses well and how to keep then running in top shape. Because we don't run buses past five years,we limit the potential problems the vehicle may have. 1 5.Does your firm's have any reference that is located in South Florida? RTW does not have any current operations in South Florida, but in the last 24 months, RTW has taken over three operations:Scottsdale,AZ; Dallas,TX;and Baltimore, MD. In all three instances RTW has performed much better than the previous operator. Please reach out to any of our customers to learn more about what it is like to work with RTW. RTW has three keys to success: Recruiting,Structure and Monitoring. RTW spends a lot of time and effort to recruit the best talent pool possible. Our HR calls inbound job applicants within 15 minutes and sets up an in-person interview as quickly as possible. RTW has clear processes and procedures,so that drivers know what to do in all situations. We also connect drivers to a manager via radio, in case the driver needs any assistance. RTW monitors the speed,safety and courteous driving habits of drivers. Drivers receive real-time feedback for any unsafe habits,which is the most effective way to create safe drivers. Please let me know if you have any further questions or need any additional information. I am available anytime to discuss. Kind regards, ?l ,c. ) George Goates I President RTW Management Inc. Email:ggoates@RTWmanagement.com Direct:801.819.3691 Website:www.RTWManagement.com From: Indra Sarju<sarjui@cityofaventura.com> Sent:Wednesday,October 30,2019 7:25 AM To:George Goates<ggoates@rtwmanagement.com> Subject: Re: Bid#20-10-17-3-Municipal Transit Services Questions Will do. Indra K. Sarju, CPPB Purchasing Agent City of Aventura 19200 W. Country Club Drive Aventura, FL 33180 Phone #:305-466-8925 Fax#: 305-466-8939 Email: sarjui(a cityofa ventura.com From:George Goates<ggoates@rtwmanagement.com> Sent:Tuesday,October 29,2019 1:07 PM To: Indra Sarju<sarjui@cityofaventura.com> Subject: RE: Bid#20-10-17-3-Municipal Transit Services Questions Indra, 2 Thanks for the note. I'll get back with you ASAP. If any additional questions come up, please feel free to add them to the list. Best, George 801.819.3691 From: Indra Sarju<sarjui@citvofaventura.com> Sent:Tuesday,October 29,2019 8:56 AM To:George Goates<ggoates@rtwmanagement.com> Subject: Bid#20-10-17-3-Municipal Transit Services Questions Importance: High Good Morning Mr. Goates; Attached is listed of questions that the City would to have answers, please respond on or before 4:00 PM, Thursday, October 31, 2019. Thank you. Indra K. Sarju, CPPB Purchasing Agent City of Aventura 19200 W. Country Club Drive Aventura, FL 33180 Phone #:305-466-8925 Fax#: 305-466-8939 Email: sarjuicityofaventura.com 3 Exhibits Available �� f,. Upon Request _ ��f- City of �.i.. .. V entura I.j 1P Government Center 0.p 19200 West Country Club Drive c`'5e , 50' Aventura,Florida 33180 Office of the City Manager December 5,2019 Michael Moskowitz Moskowitz,Mandell, Salim& Simowitz,P.A. 800 Corporate Drive Suite 500 Fort Lauderdale, FL 33334 RE: Limousines of South Florida,Inc.Re Protest of City of Aventura Invitation for Bid, Municipal Transit Services—Bid No. 20-10-17-3 Dear Mr. Moskowitz: This letter is the written decision of the City of Aventura(the "City")to the bid protest of Limousines of South Florida, Inc. (LSF)concerning IFB #20-10-17-3 (the "IFB"). On September 17, 2019, the City issued the IFB. Two (2)proposals were received by the October 28, 2019 deadline. The City Manager and the City Attorney certified both proposals as responsive. The City Manager, after input from the City's Public Works and Transportation Director, Joseph Kroll, and the City's Purchasing Agent, Indra Sarju, made the recommendation to the City Commission to award the bid to RTW Management ("RTW"). The recommendation was scheduled for consideration at the November 21, 2019 City Commission Special Meeting. A copy of the meeting agenda item is attached hereto and incorporated herein as Exhibit "A" for convenience of reference. On November 19,2019,prior to consideration of the IFB's award,LSF submitted its written protest to the proposed award. The City Manager stayed the IFB's consideration pending a written determination regarding this bid protest. Section 2-259 of the City's Code allows any actual bidder who has a substantial interest in the award of a solicitation and is aggrieved with the proposed award the right to protest to the City Manager or their designee. A copy of that City Code section is attached hereto and incorporated herein in Composite Exhibit"B." The protest is limited to "alleged deviation(s) from established purchasing procedures set forth in this Code, any written guidelines issued by the City, and the specifications,requirements and/or terms set forth in any bid."Id.The City Manager or its designee is authorized to settle and resolve a protest. Id. The City Manager and City Attorney are required to issue a decision on the bid protest as provided in Section 2-259 (d) of the City Code. PHONE: 305-466-8910 • FAX: 305-466-8919 www.cityofaventura.com Mr. Michael Moskowitz December 5, 2019 Page 2 of 6 In the context of a bid protest dispute regarding a public contract, a public body has wide discretion in the bidding process, and its decision, when based on an honest exercise of that discretion, should not be overturned even if reasonable persons might disagree. See Composite Exhibit"B" Biscayne Marine Partners, LLC v. City of Miami, 273 So. 3d 97,102 (Fla. 3d DCA 2019)("the existing and clearly established principle of law inclines toward judicial deference in public agency competitive bidding disputes when the agency has exercised it discretion absent illegality, fraud, oppression or misconduct"). See also Acad. Express, LLC v. Broward Cty., 53 So. 3d 1188 (Fla.4th DCA 2011);Emerald Corr.Mgmt.v.Bay Cty.Bd. of Cty. Comm'rs,955 So. 2d 647 (Fla. 1st DCA 2007). In the contract procurement context, whether an action was arbitrary or capricious depends upon whether the awarding authority complied with its own proposal criteria. See Composite Exhibit"B"Acad. Express, LLC v. Broward Cty., 53 So. 3d 118 8,1190 (Fla. 4th DCA 2011). Chapter 120 and 287, Florida Statutes, and related guidance, as cited in the LSF Protest, are inapplicable to the City's procurement process as municipalities are explicitly excluded from their purview. See Composite Exhibit "B." Section 120.52 (1), F.S. (stating municipalities are not subject to Florida's Administrative Procedure Act); Section 287.012 (1), F.S. (limiting the applicability of Chapter 287 to agencies within the executive branch of state government). The bulk of the assertions presented by LSF restate its qualifications and nebulously assert that because of its qualifications and current service to the City, LSF should receive the award of the transit services contract. However, as stated above, a bidder's protest is limited to "alleged deviation(s) from established purchasing procedures set forth in this Code, any written guidelines issued by the City, and the specifications,requirements and/or terms set forth in any bid."Section 2-259(a), City of Aventura Code of Ordinances.Further,courts have determined that the resulting decisions of a bidding process shall not be overturned just because reasonable people might disagree. See discussion supra. The assertions which tout LSF's qualifications and current service with the City are improper for a bid protest and will not be a basis for reconsideration of the recommended award to RTW. Nevertheless, for the sake of clarity,the City will respond below to each allegation in turn, as follows: 1. Assertion: Limousines of South Florida(LSF) has rendered services to the City since 2003 on a timely basis and without default. Response: Bid protests are confined to alleged deviations from the City's purchasing procedure, written guidelines issued by the City, and the specifications, requirements and/or terms set forth in the bid. Composite Exhibit "B." Section 2-259, City of PHONE: 305-466-8910 • FAX: 305-466-8919 www.cityofaventura.com Mr. Michael Moskowitz December 5,2019 Page 3 of 6 Aventura Code of Ordinances. Additionally, the City may choose to seek another vendor even when the current contractor provides satisfactory services. 2. Assertion: LSF is a local vendor with 35 years of experience and 25 public contracts. Response: See Response to Assertion 1. 3. Assertion: LSF is member of Transportation America Network. Response: See Response to Assertion 1. 4. Assertion: LSF has access to Transportation America's personnel, vehicle fleet and full mechanical maintenance garage. RTW's has no such infrastructure. Response: As addressed above, bid protests are confined to alleged deviations from the City's purchasing procedure, written guidelines issued by the City, and the specifications, requirements and/or terms set forth in the bid. See Composite Exhibit "B." Section 2-259, City of Aventura Code of Ordinances. This assertion does not go to the merits of a bid protest and is not a legitimate basis for reconsideration of the bid award. Further, RTW has provided assurances within its bid response that it will establish the local infrastructure needed to provide the requested transit services for the City. RTW expounded upon its assurances through email correspondence between the City and RTW's CEO, George Goates,dated October 29,2019 through November 1,2019. See Composite Exhibit"A."Therein,Goates clarified how RTW intends to establish a base within South Florida should they receive the bid award. To the extent that LSF attacks the bidding process because the City contacted RTW for clarification is misguided. The City was well within its authority to seek clarification from RTW pursuant to the IFB Section 2.28 "CITY'S RIGHTS RESERVED": The City of Aventura reserves the right to reject all bids or to reject any bid not conforming to this Document, and to waive any irregularity or informality with respect to any bid. The City further reserves the right to request clarification of information submitted and to request additional information from one or more bidders. The City may also negotiate modification to bids deemed to be in the best interest of the City. 5. Assertion: Currently, LSF operates six routes for the City, six days per week, on all routes 11 -12 hours,per day per route. PHONE: 305-466-8910 • FAX: 305-466-8919 www.cityofaventura.com Mr. Michael Moskowitz December 5,2019 Page 4 of 6 Response: See Response to Assertion 4. Additionally, RTW has provided assurance that it is capable of fulfilling the transit needs of the City as outlined in the IFB.Further RTW's record of accomplishment is established by its 20 years of operations in multiple municipalities nationwide. 6. Assertion: RTW has no presence, footprint or infrastructure in Florida. Response: See Response to Assertion 4. 7. Assertion: RTW only has 24 months of fixed route service experience. Response: This assertion distorts the response provided by RTW. On page 11 of its bid response, RTW clearly indicates that it has provided 20 years of fixed route transportation. See Exhibit "C," page 11, item 10. In Goates' email correspondence with the City's Purchasing Agent,Indra Sarju,Goates provides that RTW has acquired contracts to provide services for three additional municipalities in the past 24 months: Scottsdale,AZ; Dallas,TX; and Baltimore,MD. Exhibit"A." 8. Assertion: State and County public records indicate RTW is not authorized to transact business in this State,and has no occupational license,business tax receipt or Passenger Motor Carrier Certificate of Transportation from the County. Response: Current licensure was not a requirement to respond to the IFB. At the time of issuance of the City's decision, RTW has pending applications for the requisite licenses, permits and certifications at the state and local level. RTW has already provided proof of the requisite insurance. Section 2.13 of the IFB explicitly states that the "Successful Contractor must obtain a MIAMI-DADE County License for the operation of a Passenger Motor Carrier prior to beginning services under any contract awarded(emphasis added). See Exhibit"D." Section 3.15 "LICENSING"mandates that the successful bidder procure all necessary licenses and permits, but does not explicitly state that the licenses and permits are required at the time of bid submittal. Id. While Section 2.12 of the IFB indicates that failure to provide all necessary licenses, permits, inspections, and insurance at the time of the bid response will be grounds for rejecting a bid, it does not mandate that failure to provide these documents at the time of response submittal requires a bid rejection. Further when read in conjunction with Sections 2.13 and 3.15, it would be logically inconsistent to interpret Section 2.12 as automatically requiring rejection of a bid for not having necessary licensees,permits, inspections, and insurance at the time of bid submittal. PHONE: 305-466-8910 • FAX: 305-466-8919 www.cityofaventura.com Mr. Michael Moskowitz December 5, 2019 Page 5 of 6 9. Assertion: RTW's proposed local base station, 2126 Fillmore Street, Hollywood, Florida 33020, is not permitted as it is in a residential zone. Response: RTW's local operation at 2126 Fillmore Street, Hollywood, Florida 33020 is a legal nonconforming commercial use within the surrounding residential zone. An opinion provided by the City Attorney of Hollywood's permits RTW to operate its base station at the provided address as the nonconforming legal use runs with the land. Please see Exhibit "E," attached hereto and incorporated herein. Further, RTW has provided assurances that it will make the necessary improvements upon the land as required by the City of Hollywood. Id. 10. Assertion: RTW will rely on vehicle servicing from third party vendors, Metro Ford and Creative Bus Sales. Servicing from the third party vendors will not be readily available 24 hours a day. LSF has its own in-house vehicle maintenance department, which operates 24 hours a day. Response: LSF infers that the quality of servicing by the third party vendors will be inferior. However, LSF provides no substantiation to its claim that Metro Ford's and Creative Bus Sales' servicing of vehicles is of inferior quality. Also see response to Assertion 4 supra. Further, while LSF critiques RTW for using the abovementioned vendors, LSF sought quotes from these same vendors for additional vehicles to meet the IFB's requirements. 11. Assertion: City's specifications for its color-coded buses and mileage requirements cannot be complied with. Response:This assertion is not within the purview of a bid protest as a protest is limited to "alleged deviation(s)from established purchasing procedures set forth in this Code, any written guidelines issued by the City, and the specifications, requirements and/or terms set forth in any bid." The feasibility of requested services does not fall within this category. Further, while LSF insists that the City's requests for color-coded buses and mileage requirements are unfeasible, RTW has provided assurances that it can meet these demands. This is one of many factors, which influenced the City's decision to award the contract to RTW. RTW has provided assurances of compliance whereas LSF questions its ability to comply with City's requirements. 12. Assertion: RTW vaguely provides assurances that it will be able to comply with city's mileage requirements. Response: See response to Assertion 11. PHONE: 305-466-8910 • FAX: 305-466-8919 www.cityofaventura.com Mr. Michael Moskowitz December 5, 2019 Page 6 of 6 It is our decision to reject LSF's bid protest for the reasons provided herein. If LSF desires to challenge the decision of the City,pursuant to section 2-259(d) of the City's Code, it may seek judicial review of the City's decision in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, within 30 days of this decision. Please note, pursuant to Section 2-259(a)(4), the City may require reasonable reimbursement for expenses incurred in processing any protest hereunder, which expenses shall include, but not be limited to, staff time, legal fees and expenses (including expert witness fees), reproduction of documents and other out-of-pocket expenses.Further,in the event of any litigation concerning the Bid award,the City hereby reserves all of its rights and defenses. We trust that the foregoing response responds adequately to your inquiry. In the event that you have any additional questions or need to review any additional information, please do not hesitate to contact the City Manager's Office. Respectfully, BY: 49.y\ tm---f--(1' BY: City Attorney City Manager Weiss Serota Helfman Ronald J. Wasson Cole &Bierman,P.L. PHONE: 305-466-8910 • FAX: 305-466-8919 www.cityofav entura.com Exhibits Available LAW OFFICES Upon Request MOSKOWITZ, MANDELL, SALIM & SIMOWITZ, P. . 800 CORPORATE DRIVE • SUITE 500 FORT LAUDERDALE, FLORIDA 33334 MICHAEL W. MOSKOWITZ•" BROWARD (954) 491-2000 SCOTT E. SIMOWITZ' TELECOPIER (954) 491-2051 CRAIG J. MANDELL WILLIAM G. SALIM, JR.•• SCOTT M. ZASLAV° ARI J. GLAZER^ TODD A. ARMBRUSTER OF COUNSEL ARTHUR E. LEWIS SHIRLEY D. WEISMAN, P.A. ALSO ADMITTED IN NY & DC• ALSO ADMITTED IN MA•• Michael W. Moskowitz ALSO ADMITTED IN NY & CT° mmoskowitz@mmsstaw.com ALSO ADMITTED IN NY^ Direct (954) 776-9211 CERTIFIED CIRCUIT COURT MEDIATOR' November 19, 2019 VIA HAND-DELIVERY AND E-MAIL Ronald J.Wasson NOV 1 9 2019 City Manager City of Aventura Government Center 19200 West Country Club Drive Aventura,FL 33180 Re: Limousines of South Florida, Inc. Formal Written Protest Pertaining to City of Aventura Invitation for Bid,Municipal Transit Services,Bid#20-10-17-3 Dear Mr. Wasson: On behalf of our client, Limousines of South Florida, Inc. ("LSF'), we hereby submit LSF's formal written protest regarding your Memorandum dated November 15, 2019 recommending an award of a contract (the "Proposed Recommendation") posted on November 15, 2019 in connection with the City of Aventura, Florida's (the"City") Invitation for Bid,Municipal Transit Services, Bid#20-10-17-3 (the "Solicitation"). This protest letter is timely submitted within two (2) business days of the Proposed Recommendation pursuant to Section 2-259(a)(2) of the City of Aventura Code of Ordinances (the"Code"), and Solicitation Section 2.27,in order to object to the Proposed Recommendation's determination that RTW Management ("RTW") should be awarded a contract for Municipal Transit Services under the Solicitation. We are copying the City Clerk and City Attorney as suggested in the Code and respectfully request that a copy of this protest be shared with the City Commissioners prior to their consideration of the item at the November 21, 2019 City Commission Special Meeting, if it is not sooner stayed by being pulled from the agenda in accordance with Code Section 2-259(f). In particular, we believe the City must reconsider this proposed award in light of the following pertinent facts: November 19, 2019 Page 2 1. LSF is the incumbent vendor and has provided the City municipal transit services since 2003. In all respects, the services have been rendered on a timely basis consistent with the terms of our contracts with the City and without default. 2. LSF is a local vendor headquartered in Fort Lauderdale and Miami, Florida, has been in business for 35 years, and specializes in providing fixed route, bus/mini- bus, trolley and shuttle services throughout South Florida. LSF currently operates over 200 daily shuttle routes in municipalities form Homestead to Boca Raton pursuant to twenty-five (25) public contracts. LSF provides transportation for approximately 24,000 riders per month, and usually has less than three complaints per month. 3. LSF is one of several transportation companies in the Transportation America network of related entities that are owned and operated by a local, South Florida- based team with over 50 years of specific management experience. Transportation America and its related companies provide a myriad of ground transportation services in a variety of public and private sector business relationships, including experience in all types of passenger-based services such as: Fixed Route, Bus/Mini-Bus, Trolley and Shuttle Services, Para-transit Services, Executive Transportation Services, Taxi Transportation Services, Non-Emergency Transportation Services, Urgent and Non-Urgent Ambulance Services, and Call Center Services. 4. Transportation America has a local staff of over 2,000 employees in South Florida, and maintaining a fleet of over.1,800 vehicles, not including over another 200 additional sub-contractor vehicles. Aside from the extensive transportation experience of our management team and related companies in performing actual transportation services (including significant experience facilitating the scheduling and dispatching functions with state-of-the-art technological advancements), Transportation America also operates an experienced in-house, full mechanical maintenance garage, auto collision body shop, and towing service which guarantees the most reliable and readily available vehicle fleet in South Florida. Unlike an out-of-state provider, LSF has local infrastructure that consists of five full service transportation locations in Miami-Dade and Broward Counties, with ASE Certified mechanics, several Master Mechanic Fleet Managers that operate turnkey maintenance services, including tow trucks, in-house body shop, full-time dedicated road supervisors and accident investigators. This is critical in light of the Solicitation's requirement, in Section 3.1, under "Scope of Services," that"[b]idders shall provide all equipment, maintenance, operations, facilities and personnel necessary to successfully operate the system." LSF's offices are open and dispatchers are available every hour that a vehicle is on the road. LSF has road supervisors monitoring its drivers and vehicles on-time performance daily. LSF has the infrastructure that clearly allows it to provide the high quality that the City demands and deserves. As noted further below, RTW has no such infrastructure in South Florida. November 19, 2019 Page 3 • 5. Currently, LSF operates six routes for the City: Red, Green, Blue, Yellow, Purple, and Silver, and has a dedicated spare vehicle. Two of the vehicles (Yellow and Blue) are larger-type vehicles. LSF's service currently operates six days per week, on all routes 11 -12 hours,per day per route. 6. Despite the specific requirements of the Solicitation, RTW has no presence, footprint or infrastructure whatsoever in the State of Florida ("State"), let alone South Florida. In its email dated October 31, 2019 to the City's Purchasing Agent, Indra Sarju, RTW's President, George Goates, admits that "RTW does not have any current operations in South Florida." See, email attached hereto as Exhibit"A,"paragraph 5. 7. In particular, in Section 1.5 of the Solicitation, "Minimum Qualifications," the City clearly states that "All bidders must have a minimum of five (5) years experience providing fixed route services similar to those described in this document." RTW apparently submitted in their response under references, the City of Scottsdale, City of Dallas and Maryland Veteran Affairs. In the email from Mr. Goates, Exhibit "A," in response to the question "Does your firm have any reference that is located in South Florida? RTW responded "RTW does not have any current operations in South Florida, but in the last 24 months, RTW has taken over three operations: Scottsdale, 14; Dallas, TX: and Baltimore, MD." Please note that the Minimum Qualifications states five (5) years experience providing fixed route services similar to the service that the City is requesting is required, yet RTW answered that it has only been providing this type of service in the last 24 months. 8. Moreover, a search of the public records of both the State and Miami-Dade County ("County") confirms that RTW is not authorized to transact business in this State, and has no occupational license, business tax receipt or Passenger Motor Carrier Certificate of Transportation from the County. 9. In that same email,Exhibit"A,"paragraph 1, Ms. Sarju also asks for RTW's local base station address and is advised "2126 Fillmore Street, Hollywood, Florida 33020." Interestingly enough, that address consists of a single-family home, which is depicted in the pictures attached as Exhibit "B." Better yet, the records of the Broward County Property Appraiser's Office attached as Exhibit "C" reflect that the property is owned by 2126 PDH LLC. In the upper right hand corner of that Exhibit the Use Code is noted as "08." The Use Code guidelines for the Property Appraiser's Office are attached as Exhibit "D," and restrict the use to residential "multi-family— less than 10 units." Commercial operation of a bus facility, whether for storage or maintenance, is clearly prohibited in a residential zone. Finally, a review of the records of the Florida Department of State, attached as Exhibit "E," reveals that 2126 PDH LLC is managed by Pedro D. Hernandez, a prior record title owner as indicated in Exhibit "F," whose November 19, 2019 Page 4 affiliation with RTW is unknown. Instead, Mr. Goates' email, Exhibit "A," paragraph 2, suggests that a Dylan Heimer would allegedly be transferred from Scottsdale,Arizona to run the local operation.1 10. Next, Exhibit "A," paragraph 4, reflects that RTW plans on obtaining service for its vehicles at two different third-party vendors, Metro Ford and Creative Bus Sales. As such, the availability of all buses will be dependent on proper and timely services by vendors outside of the control of both RTW and the City. Conversely, LSF maintains its own in-house maintenance department assuring constant and timely service on all of its vehicles. Reliance on an auto dealer's service center has proven to be challenging for public agencies as the public relies on vehicles to be readily available, and maintenance to be generally performed in the evening, off-service hours, when dealerships are generally closed. LSF has specific experience in this area, as in one of its public contracts — the City of Doral in Miami-Dade County — owns its trolleys, and requires LSF to utilize the vehicle warranties at a dealership. As a result, vehicles have been down at the service center for weeks on end, and LSF has had to persuade Doral to allow LSF to perform the maintenance outside of the warranty to ensure that the vehicles can be repaired timely and overnight. Simply stated, LSF operates its maintenance facility 24 hours a day to ensure the fleet is readily available, and would respectfully suggest to the City that this maintenance and service issue be fully considered prior to contract award. 11. Finally, it must be noted that LSF has consistently questioned how the City's specifications could be complied with given the color-coded bus routes and the mileage requirements of each. Attached hereto as Composite Exhibit "G" are those letters to Ms. Sarju wherein it is noted that the ITB specifications essentially cannot be complied with without operating a bus over 150,000 miles in five (5) years. Yet the ITB limits gasoline engine powered buses to but 125,000 miles, which necessarily means that the same buses cannot be used for the five year life of the contemplated contract. 12. When the City asked RTW in Exhibit "A" if it was aware that vehicles would have to be replaced after they reach 125,000 miles, RTW responded with its alleged plan to add an additional eighth bus to rotate. This response was carefully crafted, but notably vague and non-responsive as to the operational realities of the Solicitation and the services required for the following reasons: a. If RTW's facility was assumed to be only 5 miles away from the City, the buses would travel 10 miles per day just to get to and from the City. Taking that base line, with 6 buses in operation, this equates to 60 miles per day, I Undersigned counsel submitted a public records request to Ms. Sarju this morning for a copy of RTW's response to the Solicitation. It was received at 12:33 p.m. and has not been fully reviewed for any additional issues to ensure timely submission of this letter. LSF reserves the right to offer further argument at any meeting held in connection with this Protest or Solicitation. November 19, 2019 Page 5 times 6 days per week, or 360 additional miles per week. If you multiply the 360 miles per week times 52 weeks per year, it will equal 18,720 miles per year. Thus, even with a baseline of only a 5 mile distance from its alleged proposed location in Hollywood, this would add, at least, 18,720 miles to the 185,438 route miles, which would carry the mileage per vehicle to 204,158 total miles per year. Multiplying that number by five (5) years equals 1,020,790 miles. Consequently, utilizing very conservative baseline numbers (given RTW's vague assumptions and alleged location as an out-of-state company), dividing RTW's eight (8) buses into the 1,020,790 equals 127,598 miles per bus, which is above the allowable 125,000 miles per bus. b. The City's routes are color coded, and the buses are wrapped to coincide with the route color, yellow bus is wrapped yellow, etc. Therefore, RTW will not be able to rotate the buses due to the color coordination of the routes. As such, accepting RTW's admission that it plans to rotate an additional vehicle to attempt to keep the mileage under the City's requirement of 125,000 miles per bus is operationally unachievable. c. Two of the routes use a larger bus (Yellow and Blue routes) that is not the same size vehicle as the other four routes. Therefore, assuming arguendo that the aforementioned analysis describing how RTW will, no doubt, surpass the City's mileage requirement for its fleet is discarded (and RTW is given the benefit of the doubt on an unverifiable leap of faith), RTW's strategy of rotating an eight bus is nonetheless not consistent, nor compatible, with the City's operations for reasons stated above — namely, the color and size of the vehicles used on given routes. The Proposed Recommendation finds that RTW is the lowest responsible and responsive bidder. A "responsible bidder" is generally defined as one who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance. A "responsive bidder" is one who submits a proposal that conforms in all material respects to the solicitation. Under the Solicitation, Code and general Florida law, the City has to find RTW's proposal non-responsive. Florida Statutes, Section 120.57(3)(f)provides: . . . the burden of proof shall rest with the party protesting the proposed agency action. In a competitive-procurement protest, other than a rejection of all bids, the administrative law judge shall conduct a de novo proceeding to determine whether the agency's proposed action is contrary to the agency's governing statutes, the agency's rules or policies, or the bid or proposal specifications. The standard of proof for such proceedings shall be whether the proposed agency action was clearly erroneous, contrary to competition, arbitrary, or capricious. In any bid protest proceeding November 19, 2019 Page 6 contesting an intended agency action to reject all bids, the standard of review by an administrative law judge shall be whether the agency's intended action is illegal, arbitrary, dishonest, or fraudulent. Section 120.57(3)(f) states that the ultimate issue in an award case is whether the proposed agency action is contrary to statutes, rules, policies, or the specifications. Section 120.57(3)(f) states that the standard of proof in an award case is whether the proposed agency action is clearly erroneous, contrary to competition, arbitrary, or capricious. Although Florida case law is clear that there is a substantial public interest in favor of saving tax dollars in awarding public contracts, it is equally clear that it cannot be done at the expense of the competitive bidding process. See, Intercontinental Properties, Inc. v. State of Florida Department of Health and Rehabilitative Services, 606 So.2d 380, 386 (Fla. 3d DCA 1992); Wood-Hopkins Contracting Co. v. Roger J. Au & Son, Inc. 354 So.2d 446, 449 (Ha. 1st DCA 1978). The law is clear, even in the context of requests for proposals, that a public body is not entitled to omit or alter material provisions required by the RFP because in doing so the public body fails to "inspire public confidence in the fairness of the RFP process." Emerald Correctional Management v. Bay City Board of City Commissioners, 955 So.2d 647 (Ha. 1st DCA 2007), citing, State, Department of Lottery v. Gtech Corp., 816 So.2d 648 (Ha. 1st DCA 2001). The following discussion of applicable law is taken from the Recommended Order entered April 4, 2012 in Pro Tech Monitoring, Inc. v. Department of Corrections, Case No. 11-5794BID, State of Florida Divisions of Administrative Hearings. Therein, the Administrative Hearing Officer recommended that the contract issued in response to an RFP for global positioning satellite electronic monitoring service be awarded to Pro Tech as the highest scoring responsive vendor, and throwing out a proposed award to BI Incorporated, on the grounds that BI's proposal contained material deviations from the RFP, generally involving the failure to provide relevant, material and required information in response to the unambiguous instructions of the RFP, thereby obtaining a competitive advantage over other vendors. Such deviations were not minor irregularities, and could not be ignored by the agency. The law cited is equally applicable to the circumstances presented herein, and requires a determination that consideration of RTW's bid is inappropriate and provides a competitive advantage. An act is "contrary to competition" if it runs contrary to the objectives of competitive bidding, which have long been held: to protect the public against collusive contracts; to secure fair competition upon equal terms to all bidders; to remove not only collusion but temptation for collusion and opportunity for gain at public expense; to close all avenues to favoritism and fraud in various forms; to secure the best values for the [public] at the lowest possible expense ... November 19, 2019 Page 7 Wester v. Belote, 138 So.2d 721, 723-24 (Fla. 1931); see also, Harry Pepper & Assoc., Inc. v. City of Cape Coral, 352 So.2d 1190, 1192 (Fla. 3d DCA 1977). In that regard, public officials do not have the power "to make exceptions, releases and modifications in the contract after it is let, which will afford opportunities for favoritism, whether any such favoritism is practiced or not." Wester v. Belote, at 724. The public policy regarding exceptions and releases in contracts applies with equal force to the contract procurement. Section 287.001 establishes the legislative intent that public procurement be intrinsically fair and open, and that it also eliminate the appearance and opportunity for favoritism so as to preserve public confidence in the process, and provides that: The Legislature recognizes that fair and open competition is a basic tenet of public procurement; that such competition reduces the appearance and opportunity for favoritism and inspires public confidence that contracts are awarded equitably and economically; and that documentation of the acts taken and effective monitoring mechanisms are important means of curbing any improprieties and establishing public confidence in the process by which commodities and contractual services are procured. That legislative intent has been applied to determine whether an action is contrary to competition as follows: Thus, from Section 287.001 can be derived an articulable standard of review. Actions that are contrary to competition include those which: (a) create the appearance of and opportunity for favoritism; (b) erode public confidence that contracts are awarded equitably and economically; (c) cause the procurement process to be genuinely unfair or unreasonably exclusive; or (d) are unethical, dishonest, illegal, or fraudulent. Syslogic Tech. Servs., Inc. v. So. Na. Water Mgmt. Dist., Case No. 01-4385BID (Fla. DOAH Jan 18, 2002; SFWMD Mar. 6, 2002). As to the ability of an agency to overlook items in a proposal that clearly meet the definition of a "material deviation" from its written specifications, it is clear that "a public body is not entitled to omit or alter material provisions required by the RFP because in doing so the public body fails to `inspire public confidence in the fairness of the [RFP] process.' (Emphasis in original). November 19, 2019 Page 8 Emerald Corr. Mgmt. v. Bay Cty. Bd. Of Cty. Comm'rs, 955 So.2d 647, 652 (Ha. 1st DCA 2007), (citing Dep't of Lottery v. Gtech Corp., 816 So.2d 648, 651 (Ha. 1st DCA 2001)). Every deviation from a solicitation's requirements is not material and does not mandate rejection of the proposal. The agency reserves the right to waive minor irregularities, as the City has specifically done in this Solicitation. The standard for determining whether a variance is a material deviation or a minor irregularity is as follows: "Although a bid containing a material variance is unacceptable, not every deviation from the invitation is material." Robinson Elec. Co. v. Dade City, 417 So.2d 1032, 1034 (Fla. 3d DCA 1982); Tropabest Foods, Inc. v. State, Dep't of Gen. Servs., 493 So.2d 50, 52 (Ha. 1st DCA 1986) (citation omitted); Glatstein v. Miami, 399 So.2d 1005 (Ha. 3d DCA 1981), review denied, 407 So.2d 1102 (Ha. 1981). "It is only material if it gives the bidder a substantial advantage over the other bidders and thereby restricts or stifles competition." Tropabest, 493 So.2d at 52; Harry Pepper & Assocs., Inc. v. City of Cape Coral, 352 So.2d 1190, 1193 (Ha. 2d DCA 1977). Procacci Commer. Realty v. Dep't of HRS, 690 So.2d 603, 606 (Ha. 1st DCA 1997). The unfair bidding advantage that is conferred on a bidder who fails to provide necessary and required information: is generally threefold: (1) it provides the precious few minutes which may be saved by failing to provide a name for the appropriate blank on form D-1 and matching the name with the price used in the bid computation, (2) it allows the potential for speculation, by use of a phantom price and efforts to shop that item or trade until a subcontractor can be found at the speculative contract price, and (3) its permits a successful bidder to accept additional subcontractor bids after the bid opening, giving the opportunity for undercutting the low subcontractor on whom he relied in formulating his bid. (Emphasis added). E. M. Watkins & Co. v. Bd. Of Regents,414 So.2d 583, 587 (Ha. 1st DCA 1982). The competitive advantage that is conferred on a proposer when an agency chooses to ignore a clear and unambiguous requirement that is applicable to all other potential vendors has been described as follows: 59. The touchstone of these tests for materiality—substantial advantage—is an elusive concept, to say the least, easier to state than to apply. Obviously, waiving any defect that might disqualify November 19, 2019 Page 9 an otherwise winning bid gives the beneficiary of the waiver an advantage or benefit over the other bidders. In practice, differentiating between, on the one hand, "fair" advantages — i.e. those that are tolerable because they do not defeat the object and integrity of the competitive procurement process — and "unfair" (or intolerable) advantages, on the other, is exceptionally difficult; and, making matters worse, there are not (as far as the undersigned is aware) many generally recognized, consistently applied, neutral principles available for the decision-maker's use in drawing the distinction between a "substantial" advantage and a "mere" advantage. Phil's Expert Tree Service v. Broward Co. Sch. Bd., Case No. 06-4499BID at 29-30 (Fla. DOAH Mar. 19, 2007; BCSB June 11, 2007); see also, Syslogic Technology Servs., Inc. v. So. Na. Water Mgmt. Dist., Case No. 01-4385BID at 63, n.23 (Ha. DOAH Jan 18, 2002; SFWMD Mar. 6, 2002) ("Of course, it will usually not be known how many, if any, potential proposers were dissuaded from submitting a proposal because of one project specification or another. That is why specifications that have the capacity to act as a barrier to access into the competition ... should generally be considered material and non-waivable for that reason."). RTW's failure to submit a complete proposal in accordance with the requirements of the Solicitation clearly constituted a material variance from the terms of the Solicitation and bestowed a competitive advantage. Its failure to be authorized to transact business in this State, have any required licenses or certifications needed to operate, or even a properly permitted commercial property to conduct its business operations and store and maintain the subject vehicles, is likewise material and non-waivable. Clearly RTW does not have the required five (5) years experience providing fixed route services similar to those described in this [Solicitation]," as required by Section 1.5 thereof. The City's acceptance of RTW's bid was arbitrary and capricious, and contrary to competition. A contract is invalid if it is entered into in violation of a public body's own procurement code and the procurement specifications. Accela, Inc. v. Sarasota County, 993 So. 2d 1035, 1038-29 (Na. 2d DCA 2008). Under fundamental principles of Florida procurement law, a public entity must conduct a competitive procurement in a fair and open manner and a contract award must be made pursuant to specifications set forth in the solicitation document. A non-responsive proposal must be rejected entirely. A contract award cannot be made based on favoritism or personal preference. This is inherently anti-competitive, arbitrary, and capricious, suggesting clear favoritism and bias, and calls into question the integrity of the entire solicitation process. In the public procurement context, whether an action was arbitrary or capricious depends on whether the award complies with the procurement's criteria. See, Emerald Corr. Mgmt, supra. A capricious action is one taken without thought or reason or irrationally. An arbitrary decision is one not supported by facts or logic. Agrico Chemical Co. v. State Dept. of Environmental Regulation, 365 So.2d 759 (Ha. 1978). Arbitrary and capricious is also defined to include acts taken with an improper motive, without reason, or for a reason that is merely pre-textual. November 19, 2019 Page 10 The acceptance of RTW's proposal defies logic or reason. Referring solely to the information in the RTW bid, as evidenced by Ms. Sraju's further questions in Exhibit "A," one cannot conclude that it is responsive, let alone that RTW is properly positioned to provide the City the reliable fixed route services that LSF has provided for years. For all of the aforesaid reasons, it is respectfully submitted that RTW's bid should have been rejected as non-responsive. Its failure to comply with the Solicitation's requirements is clearly not a minor deviation or technicality. Allowing it to avoid the Solicitation's specific requirements clearly bestows a competitive advantage and likely accounts for its bid pricing. The Proposed Recommendation of RTW to provide Muncipal Transit Services should accordingly be rescinded, and LSF recommended for award to provide such services. Your courtesy and consideration in this matter is greatly appreciated. Should you require any additional information or clarification, please do not hesitate to contact the undersigned. In accordance with the Code, Section 2-259(b), we would also welcome and request the opportunity to meet with you to discuss this protest and attempt to resolve this matter. Very truly yours, MOSKOWITZ, ' SALIM & SIMOWITZ, P.A. By: 1VCHAEL WI M• • TTZ MWM/cl cc: Client Weiss Serota, City Attorney ( . email—jserota@wsh-law.com) Ellisa L. Horvath,MMC, City -rk (via email—ehorvath@cityofaventura.com) Indra Sanju, Purchasing Agent ,. email—sarjui@cityofaventura.com) CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manage DATE: January 3, 2020 SUBJECT: Disbursement of Police Federal Forfeiture Funds January 7, 2020 City Commission Meeting Agenda Item S-3— RECOMMENDATION 'SRECOMMENDATION It is recommended that the City Commission adopt the following Motion to expend funds from the Police Federal Forfeiture Fund: "Motion authorizing the appropriation of up to $7,760 for CAT Tourniquets, Tactical Roll Out Bags and Crystal Sky Drone Monitors from the Police Federal Forfeiture Fund in accordance with the City Manager's Memorandum". If you have any questions, please feel free to contact me. RJW/act Attachment CCO1857-20 CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM TO: Ronald J. Wasson, City Manager 49 FROM: Bryan Pegues, Chief of Police DATE: January 2"d, 2020 SUBJECT: Use of Federal Forfeiture Funds The Federal Equitable Sharing Agreement (FESA), Section VIII allows for the use of federally forfeited funds for law enforcement. Section IX, A9 of the Federal Equitable Sharing agreement requires that the funds be expended only upon request of the Chief of Police to the governing body of the municipality and approval of the governing body. I am requesting City Commission approval for the expenditure of funds for the following items: 1. 100 Combat Application Tourniquets (CAT) $3,000.00 2. 10 SWAT Team Tactical Roll out bags $1,760.00 3. Crystal Sky Monitors for Unmanned Aerial Surveillance Team $3,000.00 Summary CAT Tourniquets will be issued to each officer in order to provide immediate lifesaving measures out in the field. Tactical roll out bags — these heavy duty equipment bags will be assigned to each SWAT Team member to carry their equipment during emergencies. Crystal Sky Drone Monitors — These monitors will enhance the ability of our Drone Team Operators to work in daylight conditions. CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission 111 FR M: Rn r` O Ronald J. Wasson City Manager BY: Joanne Carr, AICP Community Development Director DATE: January 3, 2020 SUBJECT: Request by Medical District Developments LLC for: (1) Conditional Use Approval for increased lot coverage and increased floor area ratio for a LEED® Gold development pursuant to the City's Green Building Program, and (2) Conditional Use Approval for an increased height of 10 stories and 128'8" where 12 stories and 120' feet are permitted by Code, and (3) Conditional Use Approval for retail uses as part of a non-residential building, when such retail uses do not exceed 15% of the total gross interior square footage of the building, and (4) Vacation of Public Rights-of-Way of NE 213 Street lying between NE 28 Court and its easterly termination, NE 28 Court between NE 213 Street and NE 214 Street, a portion of NE 29 Court and NE 214 Street and a portion of land reserved for future road, all for an office/retail/assisted living facility development at 21290 Biscayne Boulevard, City of Aventura Case File Nos. CUP1911-0001 and ABRW1911-0001 January 7, 2020 City Commission Meeting Agenda Item 40 RECOMMENDATION It is recommended that the City Commission approve the requests by Medical District Developments LLC for (1) Conditional Use Approval to permit increased lot coverage and increased floor area ratio for a LEED® Gold development, (2) Conditional Use Approval for an increased building height, (3) Conditional Use Approval for retail uses as part of a non-residential building and (4) Vacation of Public Rights-of-way and a portion of land reserved for road purposes, all abutting the development site, for an office/retail/assisted living facility located at 21290 Biscayne Boulevard, City of Aventura, subject to the conditions listed in this staff report. THE REQUEST The applicant, Medical District Developments LLC, is requesting conditional use approval pursuant to Chapter 14, Article VI., Green Building Program and Section 31- 144(f)(2)k. and I. of the City Code to allow lot coverage of 49.55% where the City Code permits a maximum lot coverage of 40% and a floor area ratio of 1.99 where the City Code permits a floor area ratio of 1.39, conditional use approval pursuant to Section 31- 144(f)(2)c., of the City Code for an increased building height of 128 feet, 8 inches, where the City Code permits a maximum building height of 120 feet, and conditional use approval pursuant to Section 31-144(f)(2)d. of the City Code to allow retail uses, totaling 9.38% of the building floor area, as part of a non-residential development, where the City Code permits retail uses as part of a non-residential or multifamily residential development when the retail uses do not exceed 15% of the total gross interior square footage of the building, and vacation of a portion of NE 213 Street between NE 28 Court and its easterly termination, NE 28 Court between NE 213 Street and NE 214 Street, a portion of NE 29 Court and NE 214 Street and a portion of land reserved for road purposes, all for a proposed office/retail/assisted living facility development at 21290 Biscayne Boulevard, City of Aventura. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Medical District Developments LLC APPLICANT Michael J. Marrero ADDRESS OF PROPERTY 21290 Biscayne Boulevard (See Exhibit #2 for Location Map) SIZE OF PROPERTY: Approximately 2.53 acres total with abandonment areas included LEGAL DESCRIPTION Six parcels of land comprised of part of Lot 1, Block 3, Plat Book "B", Page 13, and part of the closed road allowance of NE 29 Avenue, and lots within Blocks 39 and 40, Hallandale Park, Plat Book 12, Page 37 and a portion of a reserved area on the plat of Hallandale Park, Plat Book 12, Page 37, recorded in the Public Records of Miami-Dade County, in the City of Aventura (complete legal description provided in Exhibit #3) 2 Zoning — Subject Property: B2, Community Business District for easterly portion of the site and MO, Medical Office District for westerly portion of the site Properties to the North: B2, Community Business District and MO,Medical Office District Properties to the South: B2, Community Business District Properties to the East: B2, Community Business District Properties to the West: MO,Medical Office District Existing Land Use — Subject property: Vacant Land Properties to the North: Vacant Land Properties to the South: Public Storage Building Properties to the East: Biscayne Boulevard Properties to the West: Office/Hotel under construction Future Land Use - According to the City of Aventura Comprehensive Plan, the following properties are designated as follows: Subject property: Business and Office Property to the North: Business and Office Property to the South: Business and Office Property to the East: Business and Office Property to the West: Business and Office The Site - The existing site is a 1.97 acre vacant parcel of land. The easterly .38 acre portion of the site is zoned B2, Community Business District. The westerly 1.59 acre portion of the site is zoned MO, Medical Office District. The right-of-way of NE 29 Court, formerly separating the two parcels, was vacated by City Commission pursuant to Resolution No. 2007-32. The applicant owns both parcels. After abandonment of the requested rights of way, the lot size for site development criteria calculation will be 2.53 acres. The Project - The applicant proposes to construct a LEED® Gold certified, 218,762 square foot office/retail/assisted living development on vacant land at the corner of Biscayne Boulevard and the extension of NE 214 Street. The 4 story, 63'8" tall office building fronts on Biscayne Boulevard, with ground floor retail and a landscaped rooftop garden. The 10 story, 128'8" tall assisted living facility, with assisted and independent living units, has retail on the ground floor, 174 parking spaces on the second and third floors, indoor and outdoor amenities on the fourth floor and 160 living units on the fifth to tenth level. A rendering of the building and the site development plan are attached as Exhibit#4. 3 The uses proposed require a total of 331 parking spaces. The applicant proposes 174 parking spaces on this site and 157 shared parking spaces with the applicant's development immediately to the west of this site. This office/hotel/retail development is currently under construction with 313 parking spaces. A shared parking analysis has been submitted and approved by the City's Traffic Engineering Consultant. The two parcels will be joined through a Unity of Title or Declaration of Restrictions in Lieu of Unity of Title, as required by Section 31-171 (a)(2) of the City Code, to ensure the shared parking spaces will be available in perpetuity. All site development criteria have been calculated based on the gross lot area of 2.53 acres, which includes the requested abandonment of rights of way. The uses of the two buildings have been designed to comply with the zoning district in which they are located. The retail/office use in the building fronting Biscayne Boulevard are permitted uses in the B2 zoning district. The assisted living facility located in the MO zoning district is a permitted use in that district and the retail uses may be permitted following conditional use approval. The Administrative Site Plan Approval application is under review by City staff. The administrative approval is subject to approval by the City Commission of the requested conditional uses and vacation of rights-of-way. The NE 214 Street Road Extension - Access to the proposed buildings is by way of NE 213 Street and the future easterly extension of NE 214 Street as shown on the site plan. As part of this project, the applicant has proffered to construct this road extension from Biscayne Boulevard to NE 28 Court, at its own expense. In order to construct this road extension with geometry to match the intersection and existing road to the east, the applicant will be dedicating a 16,014 square foot triangle of land from the north portion of its current landholdings. The road extension plans have been submitted to the City and are under review. The road extension will follow existing NE 214 Street, then turn to the south to connect with the intersection of NE 213 Street and Biscayne Boulevard, as shown in the plan attached as Exhibit #5. There will be two lanes westbound and three lanes eastbound with one through lane, one left turn lane and one right turn lane. A new northbound left turn lane and a southbound deceleration lane for right turns will be constructed on Biscayne Boulevard, along with new mast arm and signals for eastbound traffic, sidewalks and streetlighting. The applicant is dedicating the necessary land from its property to construct the road extension; however, the landowner to the north also needs to dedicate land for the road extension and for the deceleration lane on Biscayne Boulevard before the work can be completed. To date, that dedication has not been made. The applicant is aware that completion of the road extension is a condition of issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy for its building and wishes to begin construction of its building at its risk, knowing that another landowner needs to dedicate land before the road extension can be completed. 4 NE 28 Avenue and NE 213 Street Road and Sidewalk Improvements — The applicant has also proffered to construct, at its expense, road, sidewalk and streetlighting improvements along the east side of NE 28 Avenue, beginning at the north limit of the hospital garage and continuing to NE 213 Street, and along the south side of NE 213 Street, from NE 28 Avenue easterly to its new development site, as shown on the plan attached as Exhibit #6. Currently, the sidewalk ends at the north limit of the hospital garage and the paved road narrows at this point. There is no sidewalk on the south side of NE 213 Street. These improvements would be done as part of the development of the vacant lot at the corner of NE 213 Street and NE 28 Avenue. The applicant wishes to make these improvements now to facilitate access to its new development. The improvement plans have been submitted to the City and are under review. ANALYSIS Consistency with Comprehensive Master Plan — The development proposal is consistent with the City of Aventura's Comprehensive Plan. The future land use designation for the parcel is Business and Office. Citizen Comments — As of the date of writing of this report, the Community Development Department has not received any written citizen comments. Notice of the time, place and nature of the public hearing will be advertised in a newspaper of general circulation and mailed to all property owners within a 300 foot radius of the site as a courtesy not less than 10 days prior to the hearing. The property will be posted no later than 10 days prior to the hearing by a sign containing information concerning the application and public hearing. Community Development Department Analysis - The development parcel is located in the Community Business (B2) zoning district and the Medical Office (MO) zoning district. The retail/office are permitted uses in the B2 zone. The retail/assisted living facility are permitted uses in the MO zone. Each conditional use request will be analyzed independently. Request for Conditional Use Approval for increased lot coverage and increased floor area ratio pursuant to the City's Green Building Program and Section 31- 144(f)(2) k. and I of the City Code The City Commission enacted a Green Building Program for the City through Ordinance No. 2009-18 passed on October 6, 2009. It is now codified as Chapter 14, Article VI.- Green Building Program, of the City Code. This program recognizes that green building construction results in benefits to the environment, economy and health of the community. The City Commission determined that due to these benefits, it was in the best interests of City residents to provide an incentive program for new development constructed to Leadership in Energy and Environmental Design , or LEED®, standards developed by the US Green Building Council. This program has certified, silver, gold 5 and platinum certification levels based on design elements incorporated into the building. The incentives provided in the City's Green Building Program are also incorporated into the zoning district regulations as conditional uses in those regulations. Incentives are based on the level of certification attained by the building. Certified and silver level buildings are awarded expedited site plan and building permit review, marketing incentives and administrative variances by the City. Gold and Platinum level buildings are awarded all of the above incentives and may be awarded increased floor area ratio and increased lot coverage using the conditional use approval criteria in Section 31-73 of the City Code. The Green Building Program provides that a lot coverage bonus may be awarded when a green roof and/or green rooftop amenities are provided and maintained for the common benefit of building occupants and increased Florida Friendly tree canopy and Florida Friendly plantings designed to calm the heat island effect are located on site, all in an amount equal to the requested increase in lot coverage. The Green Building Program requires that, prior to award of incentives for Gold and Platinum buildings, the applicant must register the development with the US Green Building Council for LEED® certification, provide the City with the project's checklist of certification details and confirm by written agreement and covenant that those checklist items will be incorporated into the development, shown or noted on the application for City building permit and maintained in perpetuity. The applicant must also provide the City with a performance bond to guarantee the proposed certification level, in an amount equal to 1% to 5% of construction costs as approved by the City. The range in percentage levels of the bond is based on the increased percentage of lot coverage and/ or floor area ratio requested by the applicant. The applicant has designed the building to achieve LEED® Gold certification and is requesting the development incentives provided by the City's Green Building Program. The first request is conditional use approval for lot coverage of 49.55%, or 9.55% of additional lot coverage. The Green Building Program lot coverage incentive requires that a green roof or green rooftop amenities be provided in an amount equal to the requested increase in lot coverage. The landscaped plazas on the rooftop of the office building and on the outdoor amenity level for the assisted living facility are 10.67% of the lot area, where 9.55% is needed to meet the criteria for this bonus. Increased Florida-friendly plantings are proposed on the surface landscaped areas and on the plazas. The trees and shrubs on site are designed to reduce the heat island effect. This meets the criteria for a request of increased lot coverage under the Green Building Program. The second request is floor area ratio of 1.99, or 218,762 square feet of floor area, under the provisions of Green Building Program which provides for a floor area ratio bonus of up to 2.0 when the building achieves LEED® Gold or Platinum certification. 6 Without the bonus, a floor area ratio of 1.39, or 153,122.40 square feet of floor area, is permitted by Code based on the building height of 10 stories. Based on the percentage of lot coverage and floor area ratio bonus requested, the bond amount will be 5% of construction costs of$35,270,000 or $1,763,500. Compliance with Green Building Program - The applicant has submitted its LEED® registration checklist, attached as Exhibit#7. It proposes the following: • Sustainable Sites Category 7 of 10 possible points • Water Efficiency Category 7 of 13 possible points • Energy and Atmosphere Category 14 of 33 possible points • Materials and Resources Category 4 of 14 possible points • Indoor Environmental Quality 7 of 17 possible points • Innovation and Design Category 5 of 5 possible points • Regional Priority Category 3 of 6 possible points • Integrative Progress 1 of 1 possible points • Location and Transportation 12 of 16 possible points The proposed checklist results in a pre-certification estimate of 60 points, and another 16 possible points, which is LEED® Gold level. The applicant will be required to enter into and record on title to the parcel, prior to issuance of a building permit by the City, the form of Agreement and Covenant attached as Exhibit #8 to confirm the building's registration with the LEED® program, the proposed certification level, maintenance of the green design elements and amount of performance bond. Criteria The following is staff's evaluation of the proposed use, pursuant to the criteria for approval of conditional uses found in Section 31-73(c) of the City's Land Development Regulations. 1. 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 parcel is Business and Office. This future land use category accommodates that full range of sales and service activities, including the proposed uses. 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 use will not be detrimental to or endanger the public health, safety or general welfare. The green building design elements will enhance the public health, safety and general welfare. 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The immediate neighborhood of the proposed use is comprised of office, commercial, and hotel uses. The proposed development is consistent with the community character of the immediate 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 requirement of these LDR's. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the City's Land Development Regulations. The applicant will be required to complete the NE 214 Street extension road prior to issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy for this development. 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. 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 development will be by way of NE 213 Street and by way of an easterly extension of NE 214 Street to Biscayne Boulevard to be constructed by the applicant, at its expense, as part of this development. 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 design of the proposed use minimizes 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 architectural design is compatible with existing buildings in the area. The landscaped rooftop garden for the office building and the fourth level landscaped amenity level for the senior living/assisted living facility will provide a green view from the on-site building and adjacent buildings. The site is landscaped with Florida Friendly canopy trees and plantings. The green building design elements will minimize adverse effects on the environment. 8 Request for Conditional Use Approval for increased building height of 128 feet, 8 inches for the retail/assisted Living Facility where a maximum building height of 120 feet is permitted in the MO (Medical Office) zoning district. The maximum height of buildings in the Medical Office (MO) zoning district is 12 stories and 120 feet. The district also provides for uses that exceed the height limitation if first approved as a conditional use. The office building with ground floor retail fronting on Biscayne Boulevard is 4 stories and 63 feet, 8 inches which complies with the maximum height of 12 stories and 120 feet in the B2 zoning district. The assisted living facility with ground floor retail is proposed at 10 stories and 128 feet, 8 inches tall, or 8 feet, 8 inches taller than the 120 foot maximum in the district. Criteria The following is staff's evaluation of the proposed use, pursuant to the criteria for approval of conditional uses found in Section 31-73(c) of the City's Land Development Regulations. 1. 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 parcel is Business and Office. This future land use category accommodates that full range of sales and service activities, including the proposed uses. 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 use will not be detrimental to or endanger the public health, safety or general welfare. The requested increase is 8'8" of building height. 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The immediate neighborhood of the proposed use is comprised of office, commercial, and hotel uses. The proposed development is consistent with the community character of the immediate 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 requirement of these LDR's. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services exist at the City's adopted levels of service or will 9 be available concurrent with demand as provided for in the City's Land Development Regulations. The applicant will be required to complete the NE 214 Street extension road prior to issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy for this development. 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. 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 development will be by way of NE 213 Street and by way of a westerly extension of NE 214 Street to Biscayne Boulevard to be constructed by the applicant, at its expense, as part of this development. 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 design of the proposed use minimizes 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 architectural design is compatible with existing buildings in the area. The landscaped rooftop garden for the office building and the fourth level landscaped amenity level for the senior living/assisted living facility will provide a green view from the on-site building and adjacent buildings. The site is landscaped with Florida friendly canopy trees and plantings. The green building design elements will minimize adverse effects on the environment. Request for Conditional Use Approval for retail uses in a non-residential development, when such retail uses do not exceed 15% of the total gross interior square footage of the building. The Medical Office (MO) District provides that retail uses as part of a non-residential or multifamily residential development, when such uses do not exceed 15% of the total area of the building, may be permitted if first approved as a conditional use. The total gross interior square footage of the assisted living facility is 186,069.71 square feet and has 17,460 square feet or 9.38% of retail uses proposed on the ground floor. If approved as a conditional use, these retail uses may offer their products and services to the general public, that is, not solely as accessory uses for the building. Parking spaces have been calculated to include these stand-alone retail uses. 10 Criteria The following is staff's evaluation of the proposed use, pursuant to the criteria for approval of conditional uses found in Section 31-73(c) of the City's Land Development Regulations. 1. 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 parcel is Business and Office. This future land use category accommodates that full range of sales and service activities, including the proposed retail uses. 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 use will not be detrimental to or endanger the public health, safety or general welfare. 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The immediate neighborhood of the proposed use is comprised of office, commercial, retail and hotel uses. The proposed development is consistent with the community character of the immediate 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 requirement of these LDR's. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the City's Land Development Regulations. The applicant will be required to complete the NE 214 Street extension road prior to issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy for this development. 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. 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 development will be by way of NE 213 Street and by way of a westerly extension of NE 214 Street to Biscayne Boulevard to be constructed by the applicant, at its expense, as part of this development. Parking spaces are provided for the proposed retail uses. 11 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 design of the proposed use minimizes 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 architectural design is compatible with existing buildings in the area. The retail uses are integrated into the ground floor of the assisted living facility and will benefit both building occupants and the general public. The site is landscaped with Florida friendly canopy trees and plantings. The green building design elements will minimize adverse effects on the environment. Request for Vacation of the public rights-of-way of NE 213 Street lying south of NE 28 Avenue, NE 28 Court lying between NE 213 Street and NE 214 Street, a portion of NE 29 Court and NE 214 Street and a portion of land previously retained by the City for future roadway. 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 applicant has requested abandonment of various portions of roadways abutting its property to facilitate its development. A sketch prepared by the applicant's civil engineer, attached as Exhibit #9, shows the portions of road requested to be abandoned, the portion of land to be dedicated by the applicant to the City for the road extension. The sketch attached as Exhibit #10 shows the location of the road extension, in yellow highlight, to be constructed by the applicant. The 16,014 square foot triangle in blue is land owned by the applicant and to be dedicated to the City as public right-of-way for the new extension road. The 9,712 square foot parcel in purple is an existing NE 213 Street right-of-way that currently dead-ends at its easterly termination. The 11,867 square foot parcel in green is the existing right-of-way of NE 28 Court between NE 213 Street and NE 214 Street. The 805 square foot parcel in red is part of the existing travelled NE 214 Street/NE 29 Court rights-of-way and will no longer be required as rights-of-way once the extension road is constructed. The 1,795 square foot parcel in turquoise is part of land retained by the City for future roadway but is no longer required for road purpose based on the designed geometry of the road extension. 12 Background The portion of NE 213 Street east of NE 28 Court, shown in purple on the attached plan, provides access only to the applicant's proposed development. The abandonment is requested in order to use this right of way, once abandoned, as a private driveway for the development. There is an existing City drainage pipe under this road. The applicant will be required to record an easement in favor of the City for maintenance purposes. NE 28 Court between NE 213 Street and NE 214 Street, shown in green on the attached plan, is a travelled road and provides pedestrian and vehicular access between the two existing east-west roads that it connects. As part of the applicant's development to the west of this road and as part of this development, it is constructing roadway improvements including asphalt, sidewalks and streetlighting. The applicant has requested abandonment to facilitate its new development to the east of the road. In order to support the proposed new development and continue to provide access between the two existing roads that it connects, the applicant has proffered to record a Restrictive Covenant, in the form attached as Exhibit #11, to ensure that the existing roadway, once abandoned as public right of way, will be maintained as a private drive to provide vehicular and pedestrian access to all existing and proposed development within the area. The applicant has also proffered an easement, in the form attached as Exhibit #12, 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. Criteria 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 and pedestrian circulation system, maintaining adequate landscaping, and ensuring that utility and access easements remain available if needed. Roadway Level of Service — Each portion of right of way requested to be vacated will be analyzed separately below. NE 213 Street east of NE 28 Court Because the existing right-of-way of NE 213 Street east of NE 28 Court accesses only the applicant's site, there is no public traffic circulation purpose. However; there is a large City drainage pipe underneath the right-of-way. The applicant will be required to grant a utility easement to the City for maintenance, repair and operation of this pipe. NE 28 Court between NE 213 Street and NE 214 Street This right-of-way will continue to provide public pedestrian and vehicular access between NE 213 Street and NE 214 Street. The roadway proposed to be abandoned will continue, by recorded declaration of restriction and easement, to be maintained in the same location for public and private vehicles and pedestrians, so there will be no 13 impact on the traffic circulation system. Access for construction, maintenance, repair and operation of public utilities will be preserved by way of recorded Declaration of Restrictions. NE 214 Street/NE 29 Court triangle outside geometry of extension road This 805 square foot part of the existing rights-of-way of NE 214 Street and NE 29 Court. It will serve no public traffic circulation purpose once the road extension is constructed. Once abandoned, it will vest in the applicant as abutting owner. Portion of Land previously reserved for road purposes, lying north of the applicant's B2-zoned parcel. The City previously owned the easterly portion of the subject property and land to the north. When it was sold in 2014, the City retained a 0.19 acre parcel for future road extension. The current road design geometry does not require a 1,795 square foot strip of this reservation as shown on the applicant's sketch attached as Exhibit#9. Utility Easements — The applicant will be required to provide easements over the entire section of NE 213 Street and NE 28 Court 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 easements have been properly recorded in the public records. Landscaping and Drainage — The NE 213 Street right-of-way contains drainage facilities. The applicant will enter into and record necessary easements for access to these facilities. CONDITIONS OF APPROVAL 1. Plans submitted for building permit shall substantially comply with those submitted as follows: • "1212 Aventura", Cover and Index, Sheet A0-00, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Project Data, Sheet A0-01, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Site Context, Sheet A0-02, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Site Photos, Sheet A0-04, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Floor Area Tabulation, Sheet A0-05, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Floor Area Tabulation, Sheet A0-06, prepared by Arquitectonica, dated September 09, 2019, revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Site Photometrics, Sheet A0-07, prepared by Arquitectonica, dated September 09, 2019, revised 12/09/19, signed and sealed 12/09/19. 14 • "1212 Aventura", Shadow Studies, Sheet A0-08, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Overall Site Plan, Sheet A1.01, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Level 01, Sheet A1.02, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Level 02, Sheet A1.03, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Level 03, Sheet A1.04, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Level 04, Sheet A1.05, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Level 05, Sheet A1.06, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Level 06, Sheet A1.07, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Level 07, 08, 09 & PH, Sheet A1.08, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Roof Top, Sheet A1.09, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Elevations, Sheet A2.01, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Elevations, Sheet A2.02, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Section, Sheet A3-01, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Section, Sheet A3-02, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Parking Details, Sheet A5-01, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Renderings, Sheet A9.01, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Renderings, Sheet A9-02, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Renderings, Sheet A9-03, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Renderings, Sheet A9-04, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Renderings, Sheet A9-05, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Renderings, Sheet A9-06, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Paving and Drainage and Water and Sewer Plans, Sheets C-1 to C-14 inclusive, prepared by Fortin Leavy Skiles Inc, dated 09/09/19, last revised 12/09/19, signed and sealed 12/09/19. 15 • "1212 Aventura", Landscaping Plans, Sheets L0-000 to L5-220 inclusive, prepared by ArquitectonicaGEO, dated 09/09/19, last revised 12/09/19, signed and sealed 12/09/19. 2. Building permits shall be obtained within 12 months of the date of this Resolution, failing which this approval shall be deemed null and void. The City Commission may, by resolution or motion at a regular meeting, grant one extension of up to six months for good cause shown by the applicant and upon written request for such extension by the applicant within the initial 12 month approval period. 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. 4. Prior to issuance of a building permit by the City for the proposed development, the applicant shall: (i) enter into and record in the Public Records of Miami-Dade County, at its expense, and in form satisfactory to the City Manager and City Attorney, the Agreement and Covenant in fulfillment of all requirements of the City's Green Building Program; and (ii) provide to the City a performance bond or other security approved by the City Manager and City Attorney in the amount of 5% of building construction costs as approved by the City's Building Official to guarantee attainment of LEED® Gold certification by the US Green Building Council; and (iii) record a Unity of Title or Restrictive Covenant in lieu of unity of title for the 7 parcels comprising this development, plus the portion of NE 28 Court to be abandoned and the Ivory parcel to the west; and (iv) submit and receive approval from the City Manager of a detailed job-site plan as required by City of Aventura Ordinance No. 2006-05; and (v) dedicate to the City, in form approved by the City Manager and City Attorney, the 16,014 square foot, more or less, portion of land along its northern site limit for road extension purposes. 5. Prior to issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy, the applicant shall: (i) provide an as-built survey and Elevation Certificate in form approved by the City; and (ii) provide to the City, evidence of compliance with City Code Section 31-242 regarding amplification systems public safety radio system protection; and 16 (iii) complete, at its own expense, construction of the extension of NE 214 Street from NE 28 Court to Biscayne Boulevard, along with all required improvements on Biscayne Boulevard, as shown on the plans entitled "NE 214 Street Off-Site Roadway Improvements" as approved by the City, Miami-Dade County and Florida Department of Transportation; and (iv) complete, at its own expense, construction of the road and sidewalk improvements on the east side of NE 28 Avenue and on the south side of NE 213 Street, as shown on the plans entitled "NE 28 Avenue and NE 213 Street Roadway Improvements" as approved by the City; and (v) 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 over the abandoned right-of-way of NE 213 Street for purpose of construction, maintenance, repair and operation of drainage pipe and facilities within the easement; and (vi) 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 28 Court, 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; and (vii) 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 NE 28 Court easement property for public vehicular and pedestrian access and for construction, maintenance, repair and operation of public utilities; and (viii) grant a Utility Easement for all utilities within the NE 28 Court easement, 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; and (ix) provide to the City, in form satisfactory to the City Manager and City Attorney, a shared parking agreement pursuant to Section 31-171(a)(2) of the City Code; and (x) obtain its Certificate of Occupancy or Temporary Certificate of Occupancy for the Ivory retail/office/hotel development to the west, to ensure that the parking to be shared with this development is available for use. 6. Issuance of a 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 17 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. 18 ■ BERCOW RADELL FERNANDEZ & LARKIN ZONING, LAND USE AND ENVIRONMENTAL LAW DIRECT LINE:305-377-6238 E-MAIL: mmarreroebrzaningIaw.com VIA FACSIMLE AND E-MAIL Exhibit 1 CUP1911-001 & December 12,2019 ABRW1911-001 Ms.Joanne Carr Community Development Director City of Aventura 19200 West Country Club Drive,4th Floor Aventura,Florida 33180 Re: Conditional Use Approval- 12/12 Aventura-21290 Biscayne Boulevard Dear Joanne: This law firm represents Medical District Developments, LLC (the "Applicant"), with regard to an application for conditional use approval ("Conditional Use") for the 12/12 Aventura project(the "Project") for property located at 21290 Biscayne Boulevard (the "Property"). This shall serve as the required letter of intent for the Conditional Use. Property. The Property is identified by the following Miami-Dade County Folio Numbers: 28-1234-004-1450, 28-1234-004-1470, 28-1234-004-1480, 28-1234-004-1540, 28- 1234-004-1550, 28-1234-004-1530, 28-1234-004-1500, 28-1234-004-1490, 28-1234-004-1430, 28-1234-004-1420, 28-1234-004-1410 and 28-1234-001-0152. The majority of the Property is currently vacant; the non-vacant portions contain non-conforming residential uses. The Property is approximately 2.49 acres in size and located within the City of Aventura (the "City) Medical Office (MO) and Community Business (B2) zoning districts. Proposed Development. The Applicant seeks to develop a ten(10) story building with 219,230 square feet of floor area as well as a parking structure with 174 parking spaces. The mix of uses will include retail on the ground floor, office and senior living/ALF uses throughout the building. As part of the Applicant's proposal, a significant portion of the Property will be dedicated to the City to facilitate construction of the new NE 214th Street road. Concurrently, the Applicant requests the vacation of certain right of way portions. SOUTHEAST FINANCIAL CENTER•200 SOUTH BISCAYNE BOULEVARD, SUITE 850•MIAMI, FLORIDA 33131 PHONE.305.374.5300•FAX.305.377.6222•WWW.BRZONINGLAW.COM Ms.Joanne Carr December 12,2019 Page 2 Conditional Use Request. The Applicant's proposal will require a Conditional Use Permit to avail itself of the City's "green" building incentives by obtaining the LEED Gold standard certification.'cation. According to Article VI of Chapter 14 of the City Code, buildings which attain LEED Gold certification are permitted expedited site plan review; expedited building permit review; marketing incentives; and administrative variances to allow orientation of the buildings to take full advantage of available natural resources, including setbacks, landscape buffers, driveways and/or architectural design standards needed to support the proposed design in the opinion of the City Manager or his designee, plus FAR and lot coverage bonuses through the City's conditional use process. Specifically, FAR bonuses are permitted for properties in the Business and Office Future Land Use category, like the Property, up to a maximum FAR of 2.0. Additional lot coverage is permitted if a green roof and/or green rooftop amenities are provided and maintained, and increased Florida-Friendly tree canopy and Florida-Friendly plantings designed to calm the heat island effect are located on site in an amount equal to the requested increased lot coverage. Based on the City's green building regulations, the Applicant is requesting an FAR of 2.0 for the Project, where an FAR of 1.4 is permitted as of right for a 10-story building. Additionally, the Applicant is proposing a lot coverage of 49.55% where 40% is permitted. The Applicant is also proposing a building height of 128.8 feet, where 120 feet is permitted as of right. The LDRs permit 120 feet and 12 stories as of right. While the Applicant is not exceeding the as-of-right number of stories, the architecture demands an additional 8.8 feet of height, which can be obtained through a Conditional Use request. Finally, the Applicant is requesting conditional use approval to allow retail uses as part of a non-residential building in the MO District. For all the foregoing reasons, the Applicant respectfully requests your department's approval of this application. Should you have any questions, comments, or require additional information, please do not hesitate to phone my direct line at (305) 377-6238. Sincerely yours, Michael J. Marrero BERCOW RADELL F"ERNANDEZ & LARKIN 7ANI JC I Ak t Mt= ANO ENVIRONMENTAL_LAW BERCOW RADELL FERNANDEZ & LARKIN ZONING, LAND USE AND ENVIRONMENTAL LAW DIRECT LINE:305-377-6238 E-MAIL: mmarreroebrzoninalaw.com LC..tiViNIUNITY DEVELOPkwE VIA FACSIMLE AND E-MAIL CITY OF AVENTURA December 2,2019 DEC 2 - 2019 Ms.Joanne Carr Community Development Director INITIAL City of Aventura 19200 West Country Club Drive,4th Floor Aventura,Florida 33180 Re: Request for Right of Way Abandonment-12/12 Aventura-21290 Biscayne Blvd Dear Joanne: This law firm represents Medical District Developments, LLC (the "Applicant"), with regard to an application for Right-of-Way Abandonment approval ("ROW Abandonment") for the 12/12 Aventura project (the "Project") for property located at 21290 Biscayne Boulevard (the "Property"). This shall serve as the required letter of intent for the ROW Abandonment request. Property, Th Pro•erty is identified by the following Miami-Dade County Folio Numbers: , •;. ; 1 28-1234-004-1470, 28-1234-004-1480, 28-1234-004-1540, 28- 1234-004-1550, 28-1234-004-1530, 28-1234-004-1500, 28-1234-004-1490, 28-1234-004-1430, 28-1234-004-1420, 28-1234-004-1410 and 28-1234-001-0152. The majority of the Property is currently vacant; the non-vacant portions contain non-conforming residential uses. The Property is approximately 2.49 acres in size and located within the City of Aventura (the "City) Medical Office (MO) and Community Business (B2) zoning districts. Proposed Development. The Applicant seeks to develop a ten(10) story building with 217,620 square feet of floor area as well as a parking structure with 177 parking spaces. The mix of uses will include retail on the ground floor, office and senior living/ALF uses throughout the building. As part of the Applicant's proposal, a significant portion of the Property will be dedicated to the City to facilitate construction SOUTHEAST FINANCIAL CENTER•200 SOUTH BISCAYNE BOULEVARD, SURE 850•MIAMI, FLORIDA 33131 PHONE.305.374.5300•FAX.305.377.6222•WWW.BRZONINGtAW.COM Ms.Joanne Carr December 2,2019 Page 2 of the new NE 214th Street road. Concurrently, the Applicant requests the vacation of certain right of way portions. ROW Abandonment Request. The Applicant's proposal will require the abandonment of several portions of right of way abutting the property. This is being requested in conjunction with the Applicant's proffer to dedicate a portion of its property to facilitate the development of NE 214th Street, which will connect the Medical Office district to the eastern portion of the City across Biscayne Boulevard. The areas proposed for ROW abandonment include portions of NE 28th Court, NE 29th Court and NE 213 Street,as depicted in the site plan submitted for the Project. For all the foregoing reasons, the Applicant respectfully requests your department's approval of this application. Should you have any questions, comments, or require additional information, please do not hesitate to phone my direct line at(305) 377-6238. Sincerely yours, ichael J. Marrero BERCOW RADELL FGRNAN DEZ & LARKIN ZONING. LANE USE ANC ENVIRONMENTAL LAW BROWARD COUNTYL� r.rrr..—.—.—.rrri; uA I 7"ti�!777LTV-. �rM . .rte rr- ■r. DADE COUNTY ' ■�"V 7'S'r7'1d'7 IITY�'A ti1TA.r.).... • I Gulfstream YACHT CLUB DR. •• ■ 1 Park ' • "MARINA • • OVE ,, Av•enttuu Subject Site HARBOR , CIRCLE • ■ Hospital �� _ WAY ■ • &Medical mvi w WP,Y ■ • Center > MP,.INEA • • -- � . ■ • Ci • r . WaterwaysIllb ■ • - CO ___J—WATERWAYS LVD Sltoppes 207 ST. ■ w w • ■ • — Q Q COUNTRY CLUB DR. ■ ■ The c°'v 2 05 ST. • • ■ Promenade -\ • ' Shops co O • ■ �_ ■ IVES DAIRY RD. r 203 ST. Cl.F(Lj • 1 in • ■ Q1 J Q ■ cv ■ ■ 201 TER. rn ce • m ■ N CI Turnberry Isle az ■ m Resort&Club Q ' AVENTURA 0- D • W •. _1 O� • O Fire } (1) • : Rescue Aventura Jam. • Station Library Z ON' • ■ D _N. I 0 >- C • laii:,:Z-4,,V• • Aventura Mall z z? ' O YACHT 2 • ■ 0 1_03 1J • . �\City of Aventura ■ Government Center `EIIMp, e.SWY. ■ 192 ST. NtILL1AN1 (2- • 192 ST. • 1 _ ; 191 ST. � Qo • MY W TIC • x ; 190S S • Loehmann's } • • Fashion w –1 • cj • Island Q -- I —' ■ co 188 ST. • °° • N • Z MIAMI • 187 ST. ) 331 80 � U GARDENS DR. • I a3 a7 V • O •• 185 ST 33 60 : .• U Dun foundling • . Ilp '• 183 ST. Bay • ,; �z3 • Atlantic ;• • Ocean Little z y Williams • • Biscayne rn Sound 180 ST, Maule • .i arbour w cJ� • ;• Lake . Point 0 c-S" • •• East --► • :a hopp f . i•laza g l T 2♦ • • ;• EAST Off. r • '• *t p • \ • ii LEGEND0 • j Lake • • ♦♦ �� \ Roadways • / t rCity Boundary • ♦ ------•— ZIP Code Boundary ♦ , ■ ♦♦ 1 1 Railroad • ■ • J I I . • ♦ .. ' '4• Exhibit 2 CUP1911-001 & ABRW1911-001 PARCEL 1: A portion of Lot 1,Block 3,Section 34,Township 51 South,Range 42 East,Town of Hallandale,according to the Plat thereof,as recorded in Plat Book"B",Page 13,of the Public Records of Miami-Dade County,Florida,and together with a portion of NE 29th Avenue as reserved on the Plat of Hallandale Park,by Deed Book 1837,Page 517, vacated per Resolution No. R-788-67 and as amended by Resolution R-964-67, as shown as reserved area on Hallandale Park,according to the plat thereof,as recorded in Plat Book 12,Page 37,of the Public Records of Miami-Dade County,Florida,described as follows: Beginning at the intersection of the South boundary of said Lot 1, with the West right of way of Biscayne Boulevard. Thence South 89°50'44" West, along the South boundary of said Lot 1 and the South line of said Hallandale Park, a distance of 157.79 feet to the East line extended South of Block 40 of said Hallandale Park; thence North 00°06'28"West,along the said East line extended,a distance of 32.08 feet;thence North 89°54'01" East, a distance of 32.86 feet;thence North 00°42'52" West, a distance of 103.26 feet; thence South 78°08'30" East, a distance of 32.62 feet; thence South 69°00'10" East, a distance of 104.55 feet; thence South 23°20'50" East,a distance of 44.60 feet to the West right of way of Biscayne Boulevard, said point being on the arc of a curve concave Northwesterly, whose radius point bears North 67°38'12" West from the last described point; thence Southwesterly,along said right of way and the arc of said curve,having a radius of 3784.83 feet,a central angle of 00°49'06",for an arc distance of 54.06 feet to the Point of Beginning. Said lands situate in the City of Aventura,Miami-Dade County,Florida PARCEL 2: Lots 2, 3,4, 5,Block 39 of HALLANDALE PARK,according to the Plat thereof, as recorded in Plat Book 12, Page 37,of the Public Records of Miami-Dade County,Florida. PARCEL 3: Lot 9 of Block 39 and Lot 1 of Block 40 of HALLANDALE PARK,according to the Plat thereof as recorded in Plat Book 12 at Page 37,of the Public Records of Miami-Dade County,Florida. PARCEL 4: Lots 6, 7 and 8,Block 39 of HALLANDALE PARK,according to the Plat thereof,as recorded in Plat Book 12, Page 37,of the Public Records of Miami-Dade County,Florida. PARCEL 5: Lot 1,Block 39 of HALLANDALE PARK,according to the Plat thereof,as recorded in Plat Book 12,Page 37,of the Public Records of Miami-Dade County,Florida. PARCEL 6: Property A LOT 10 OF BLOCK 39,AND LOTS 2,3,4, 5, 6, 7, 8,9,AND 10 IN BLOCK 40 OF HALLANDALE PARK ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12 AT PAGE 37 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,FLORIDA. AND Property B A PORTION OF THE RESERVED AREA OF THE PLAT OF "HALLANDALE PARK"LYING EASTERLY OF AND CONTIGUOUS WITH LOT 10, BLOCK 40 ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 12, PAGE 37, OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA, SAID PORTION ALSO BEING A PART OF THE RESERVED AREA ABANDONED BY THE CITY OF AVENTURA AS DESCRIBED IN RESOLUTION NO. 2007-32, RECORDED IN OFFICIAL RECORDS BOOK 25832, PAGE 1850, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ALL OF THE ABOVE PORTIONS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 10;THENCE ON AN ASSUMED BEARING OF NORTH 00°06'20"WEST,ALONG THE EAST LINE OF SAID LOT,A DISTANCE OF 110.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 10; THENCE SOUTH 78°08'30"EAST,ALONG THE NORTH LINE OF THE SAID RESERVED AREA ABANDONMENT, A DISTANCE OF 32.54 FEET; THENCE SOUTH 00°40'40" EAST, A DISTANCE OF 103.26 FEET; THENCE SOUTH 89°53'23" WEST ALONG A PROLONGATION OF THE SOUTH LINE OF SAID LOT 10,A DISTANCE OF 32.86 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF AVENTURA,MIAMI-DADE COUNTY,FLORIDA. Exhibit 3 CUP1911-001 & ABRW1911-001 PP � q mZ t n C) P LL, < 00 0 C-4xs N-H. Z3 0 (V N IN US ------------- L,4- 4�1 ' � =gin GY- LLLLIJ I I I k LtEL -L- —1.4 o. J-- 4N Ju M LL, ER_ 5 C-4 imn pip WO 00. es r iir r ir I'M I I �Nlll 1111 �Nlll.11ll r e 1 SII 9 A 94s- ML 91 ML jj lilt Io Z ; Y _ � 1 I p}y�j• r�R �� � � xr" c3z OII An Z1, PP _Aw maLm _AllL AM t 'N -0 ID = 6 LL, 00 .. RINN gg N Ln (v -C Ad .......... 1 7 �.A -S7 f ilk LU -R RH C-4 t (,) CD Aii -H MIPA Fi s MH EEL] W� -M O ,0 o D 3d(52C HHM o < LL, lo C-4t R.... 0 zw —1 5MM ag O ,0 f P. o ng it 'goo," 1 0 o 0 0 I1)2dodd al g 0 LU oEniuffi 'n R J7 -C CO- 19 -4 C LE4- jiEm vaiao�e vanAIAV O-1-1'1N3Md0-3n30 AIWHS ow NIarra NI -:11.11-1 °° 1181 HX3 am a3avd3aa UJOH O(MILUDI aozie/z )VMOV021 TVbJAAO S1N3MAO0 JdWI AVM0VOH 000cooevl 311S-dd013zlHiS 41b1Z 3N ----- -------- i - - z I AVENTURA UFFIEE BUILDING AVENTURA d PARK LUNUU THE MEDICAL dii 1 IVORY 214 • n t __ ____r..��s— w i rmmy zn..•u --i__—_ — -- _—� n a n..M sm.• m ST RY UILDINC PORTIO 1 01 LOT a eioerc una`°cr(Po'wea�Iu1C_ wrovraxxarwuwiwe Wa a.Rl. rvo euaolrvos m�a I I� 4 Op 1£s B i �a NE 28AVE & 213ST PROPOSED IMPROVEMENTS t+� ! Prepared by: Fortin, Leavy, Skiles LOT 11 Client: Medical District Developments, LLC LOT 12 1rnR6TY LOT 132 LOT 14 _- F, ----- W41 LOT 15 LOT 16 t oPLOT 16 - r ` 00 H211LOT 19 ® -- �L— LEED New Construction Project:1212,lvetltura Shalev Lteveloptitellt Group Address:21290 Biscayne Blvd,Aventura,FL 33180 Certification Goal:Gold Ec S V Date: 12/9/2019 Site Area:95,580 SF; Retail:40 FTE&166 Transient 41/O 1 Integrative Progress Total Open Space Area:66,130 SF Office:81 FTE(Employees) 12 Location&Transportation Total Office GSF:20,184 SF Senior Living:160 Residents&35 FTE(Employees) 7 Sustainable Sites Total Retail GSF:21,520 SF Senior Living:69 Visitors(Peak-0.5 per room);60 Avg 7 Water Efficiency Total Senior Living Room(s):138 14 Energy&Atmosphere Total Full Time Equivalent(FTE): 4 Materials&Resources Total Required Parking Spaces:283 40+81+35=157 7 Indoor Environmental Quality Total Provided Parking Spaces:175 5 Innovation&Design Process Total Transients: 3 Regional Priority Avg:166+60=226 60 Total Points Peak:166+69=235 LEED-BD+C Version 4 Registered Project Checklist Achievability Omm©-Total Pioject Score n '1 1.r. Hu - � Certified:4049 pts,Silver:50-59 pts,Gold:60-69 pt.,Platinum:+10 pts 1 9 0 0 IntegratOve Process Possible I Req uirernents R Points espansible Action Needed Recommendations Required documents:Integrative Process worksheet(energy&water analysis Beginning in predesign and continuing throughout the design phases,identify tabs) and use opportunities to achieve synergies across disciplines and building Energy Related Systems:Implementation: systems described below.Use the analyses to inform the owner's project Document how Energy related analysis analysis informed design and building form requirements(OPR),basis of design(BOD),design documents,and decisions in the projects OPR and BOD and the eventual design of the project, construction documents. Energy including the following,as applicable: Related Systems:Performa preliminary"simple box"energy modeling -Building and site program, analysis before the completion of schematic design that explores how to -Building form and geometry; reduce energy loads in the building and accomplish related sustainability goals -Building envelope and facade treatments on different orientations: by questioning default assumptions.Assess at least two potential strategies -Elimination and/or significant downsizing of building systems(e.g.,HVAC,lighting, Host a LEED charrette to cover all items required associated with each of the following:Site conditions,massing and orientation, controls.Exterior materials,interior finishes.and functional program elements):and 1 - Integrative Process 1 basic envelope attributes,lighting levels,thermal comfort rangers,plug and Project Team Other systemshere and begin the energy modeling activities for the process load needs,protractive and operational parameters. building as early as possible.(Owner,AIA,MEP,Civil, Water Related System:Implementation:Document how the above analysis IA,Structural eh1COu1'aged to attend Charrette) Water Related Systems:Performa preliminary water budget analysis before informed building and site design decisions in the project's OPR and BOD. the completion of schematic design that explores how to reduce potable water Demonstrate how at least one on-site nonportable water supply source was used to loads in the building and accomplish related sustainability goals.Assess and reduce the burden on municipal supply or wastewater treatment systems by estimate the project's potential nonportable water supply sources and water contributing to at least two of the water demand components listed above. demand volumes,including the following. Demonstrate how the analysis informed the design of the project,including the Indoor water demand,Outdoor water demand.Process water demand, following,as applicable: Supply sources.Assess all potential nonportable water supply source volumes, plumbing systems,sewage conveyance and/or on-site treatment systems,rainwater such as on-site rainwater and graywater,municipally supplied nonportable quantity and quality management systems,landscaping,irrigation,and site elements, water,and HVAC equipment condensate. roofing systems and/or building form and geometry;and other systems. .:Yt iS fixation&Transportetruentna to Requirements Responsible Action Needed Recommendation Lead for Stops:Step 1,Identify LEED ND neighborhood or certified plan area for potential Neighborhood Locate the project in within the boundary of a development certified under g is LEED for Neighborhood Development.Projects achieving the LEED ND development 2.Confirm eligibility of LEED ND project 3.Determine potential points N A Development available for LEED ND Location credit and individual LT credits.4.Determine final Location Location credit ate ineligible to pursue additional LT credits. credit achievement pathway 5.Gather and confirm LEED ND project info Choose site that is not undeveloped,prime farmland,floodplains,habitat for Required documents:site map(s)showing project boundary,development footprint, 1 1 Sensitive Land any previous development.any sensitive areas.and any minor improvements in Protection fed or state's endangered species,areas within 100 ft of water or 50 ft of required buffers.SS Slte Is previously developed and meets criteria. Property is"previously developed" wetland. Opt 1.Locate on an infill location in a historic district OR Opt 2.locate site on one of the following:site listed by the EPA National Priorities List,a 1 Federal Empowerment Zone site,a Federal Enterprise Community site, Project-site is qualified under"Difficult Development 3 a Federal Renewal Community site,a Dep of the Treasury Community Area(DDA)"as per 2019 Qualified Census Tracts(QCTs). 1 - - HI h Prlorl Sib t Devt Financial Institutions Fund Qualified Low-Income Community la The project is ineligible unless a Phase 2 Environmental Assessment requires HUD FMR Area:Miami-Miami Beach-Kendall.NEED: g h subset of the New Markets Tax Credit Program),a site Ina U.S. Civic Owner remediation and remediation is carried out. Department of Housing and Urban Development's Qualified Census Phase 2 Env.Assessment.&Remediation Report for Tract(QCT)or Difficult Development Area(IDA);ora local equivalent additional LEED Point program administered at the national level for projects outside the U.S.designed Priority location OR Opt 3.Brownfield remediation Exhibit 7 CUP1911-001 & ABRW1911-001 LEED-NC Version 4 1 { Property adjecent to our project-site and Weitzer Communities-Aventura Place:82 Townhouses& Option 1:Surround density:Locate on a site whose surrounding existing Required documents:Opt 1:Area plan or map showing project site and location of Surrounding existing residential and non-residential uses within'/.-mile(400-meter)radius of Condos on a lot Approx.Lot Size:3.8 Acre:21.57 9 Density 3 density within a 1/4 mile radius is.for 22.000 sq.Ft.of buildable land has 7 y and Diverse DU/acre and 0.5 FAR(2 points)and for 35,OD00 sq.ft.of buildable land has ECSC project site,Description of the previous development on the site,Area plan or map DU/Acre;For Commercial Property-Aventura Uses showing project site,location and type of each use,and walking routes. 12 DU/acre and 0.8 FAR(3 points) Hospital&Medical Center-(1)Lot Area:217,800 SF, (2)Total Gross Area:662,336 SF-F.A.R.=3.041 Option 2:Diverse Uses:Construct building such that the building's main entrance is within 1/2 mile walking distance of the main exntrance to 4-71; Required documents:Opt 2:Vicinity plan highlighting 1/2 mile radius from bldg 4 Diverse Uses 3 point)or+8(2 points)existing and publicly available diverse uses. Restrictions apply:A use counts as only one type,no more than two uses in ECSC entrance including existing and publicly available diverse uses.Close proximity to ECSG to develop Ivory 1212-Key Location MAP each use type may be counted,the counted uses must represent at least three Dolphin Mall. of the five categories,exclusive of the building's primary use. e , Locate any entry of project within a 1/4 mile walking distance of existing or planned bus,streetcar or rideshare stops OR within 1/2 mile walking distance of existing or planned bus rapid transit stops light or heavy rail stations. ECSG to develop Ivory 1212 Public Transportation MAP; commuter rail stations or ferry terminals.Both weekday and weekend trip Required documents:Map showing project,project boundary,transit stop locations.Route 01&105 has multiple Bus-stops in vicinity; and walking routes and distances to those 2 1 Access to quality 5 minimums must be met.For bus,streetcar,1 pt=72 weekday trips/40 stops,Timetables or other service-level Aventura Express Shuttle also has multiple routes with transit weekend trips,3 pts=144/108,5 pts=360/216.For commuter rail and ferry: ECSG documentation,If applicable,documentation of planned transit or restoration of 1 pt=24 weekday/6 weekend,2 pts=40 weekday/6 weekend,3 pts=60 temporarily rerouted service,Map showing walkshed boundary.Differences for ,stop at Aventura Commons shopping plaza;Total weekday/12 weekend. Projects served Schools. Weekend Trips:81 Counts(LEED 3 Point Threshold:108 by two or more transit routes such that no one route provides more than 60%of Counts) the prescribed levels may earn one additional point,up to the maximum numbe of points. Located fuctional entry or bike storage within a 200 yard walking or biking distance that connects to at least one of the following-10 diverse uses.a school or employment center if 50%of floor is residential or bus transit, Iightlheavy/communter rail station,ferry terminalCase 1-Commercial or Institutional Projects Provide secure bicycle racks for 2.5%of all peak visitors 5%of the building users 8 provide 1 on site shower with changing Required documents:Vicinity map showing bicycle network and route and distance facilityfor first 100 buildingoccupants and one additional shower for ever 150 Architect/Owner/ Long- along network to eligible destination(s),Site plan showing bicycle storage locations, NEED:111 MDT short-tertn Bike Racks;( •SIX 1-ong ` t Bicycle Facilities 1 p y Site plan showing bicycle storage location with walking route to main entrance and term Bike Racks;(3)THREE Shower room With occupants. ECSC bicycling route to school boundary(Schools only),Calculations for storage and Case 2-Residential Projects:Provide short-term storage for at least 2.5%of Changing rooms;Currnetly no racks are specified all peak visitors but no fewer than 4 storage spaces per building and provide shower facilities,Description of programs to support bicycle use(retail only). storage for 30%of regular building occupants. For all projects-Short-term bicycle storage must be within 100 feet(30 meters)walking distance of any main entrance.Long-term bicycle storage must be within 100 feet(30 meters)walking distance of any functional entry Do not exceed the min local code requirement for parking capacity,provide parking that is a percentage reduction below base ratios of Parking Consultants Council.Case 1-For projects not earning points under LT Credit Surrounding Density and Diverse Uses or LT Credit Access to Quality Transit mustachleve Required documents:Site plan indicating parking areas and preferred parking Reduced Parking spaces,Calculations demonstrating threshold achievement.Drawings or Refer to A0-01;183 Parking Spaces required;175 1 Footprint 20%reduction In base parking ratios.Case 2-For projects earning 1 or Architect p more points under either LT Credit Surrounding Density and Diverse Uses or photographs of signage or pavement markings indicating reserved status of Parking Spaces are provided LT Credit to Quality Transit must achieve 40%reduction.All-Provide preferred parking areas. preferred parking for carpools for 5%of total parking spaces after reductions are made. Required documents:Parking or site plan indicating main building entrance, preferred parking spaces,and alternative-fuel fueling stations:calculations based on I 1 total parking capacity,For preferred parking spaces photographs of signage or 1''T 7 '£# pavement marking,For electric vehicle charging space s:photographs of signage Opt 1:one of the following must be achieved,Install Electrical vehicle supply or pavement marking,For discounted parking rate.copy of communication to equipment(EVSE)in 2%of all parking spaces used by project OR Opt 2 building occupants or photograph of signage,For electrical connectors Option 2.Electric Vehicle Charging Infrastructure(1 point) manufacturers'product specifications indicating charge level,compliance with { Make 6%of parking spaces or at least 6 spaces EV Ready. relevant standard,and Internet addressability,For liquid or gas fueling stations:, To be EV Ready,meet all of the following:lnstall listed raceway capable of manufacturers'product specifications indicating fuel type and refueling rate(in case accommodating a 208/240-volt dedicated branch circuit. of Opt 2 Differences a for Schools and warehouse/dist. Charging e f s Electric Vehicles r The raceway shall not be less than trade size 1(nominal 1-inch inside Architect/Owner/ p ) apply RC[litired:(I)FOUR i.EG �afiiollti,(2%of diameter).The raceway shall originate at the main service or subpanel and shall MEP total parking capacity), terminate into a listed cabinet,box or enclosure in close proximity to the ,,.. proposed location of the EV space.The service panel and/or subpanel shall provide capacity to install a 40-ampere minimum dedicated branch circuit and space(s)reserved to permit installation of a branch circuit overcurrent protective device. LEED-NC Version 4 1 7 1 2 0 Sustainable Sites Possible 10 Points Requirements Responsible Action Needed Recommendations Create and implement an erosion and sedimentation control plan for all Required docs using 2012 EPA CGP:Description of compliance with EPA CGP, construction activities associated with the project.The plan must conform to the Comparison of local standards and codes with EPA CGP.Projects using local erosion and sedimentation requirements of the 2012 U.S.Environmental standards and codes last in list above,Comparison of local standards and codes c Construction Activity u Protection Agency(EPA)Construction General Permit(CGP)or local Civil/GC with EPA CGP,Description of how project complies with local standards and codes, Mandatory Include In Civil Drawings,GC to Pollution Prevention equivalent,whichever is more stringent.Projects must apply the CGP Drawings depicting erosion and sedimentation control measures implemented. implement for the life of the project. regardless of size.The plan must describe the measures implemented. Written declaration from general contractor or builder who implemented planOR Date-stamped photos OR A description of plan implementation. Complete and document a site survey that Includes topography, hydrology,climate,vegetation,soils,human use and human health Required docs for all projects:Site survey or assessment plan or map,Site Recommended;This assessment would need to be done asap.Use site 0 • Site Assessment 1 effects.Assessment should demonstrate relationships between site features Owner/Civil/AIA assessment worksheet or equivalent narrative assessment worksheet. and how they'll influence topics listed.Give reason for not addressing these topics. Required for all projects:Greenfield area calculations.Description of greenfield area protection(if applicable).For Opt 1:Native or adapted vegetation calculations, building footprint,preserved greenfield area(s)Of applicable),previously developed Soil Tistinng&Ni. is REQUIRED; 23,895 SF of Preserve and protect from all development and construction activity 40%of the area,restored area,native and adapted vegetation,plant species.other ecologically greenfield area on the site AND Opt 1-onsite restoration.using native or appropriate features,and any other relevant site conditions,Description of disturbed I;at!Vt=Adapted vegetation 1S required;As per latest Site Development-Protect or 2 Restore Habitat adapted vegetation,restore 30%of all portions of the site Identlfed as AIA/Landscape or compacted soils to be revegetated,Reference soil characteristics and soil test drawings,Total Landscape Area:25,034 SF;Specified prey developed(2 pts)OR Opt 2-Financial support:provide financial support results.For Opt 2:Financial support calculations,Agreement with land trust or Green space has to be A1.t..Native/Adaptive. equivalet to at least$0.40 per sq ft for the total site area(1 pt). conservation organization,U.S.projects:Confirmation that land trust is accredited by Land Trust Alliance,Projects outside U.S.:Verification that conservation organization vefTE',tatiiln; is nationally or locally recognized;description of qualifications and mission of conservation organization. Provide outdoor space greater than or equal to 30%of the total site area (Including building footprint).A min of 25%of that outdoor space must � be vegetated(turf grass does not count)or have overhead vegetated canopy. The outdoor space must be physically accessible and be one or more of the Total required Open Space:28,674 SF;Pedestrian- Required docs:Site plan that indicates project boundary and campus or master plan following:a pedestrian-oriented paving or turf area with physical site elementsoriented paving accesible to all open space is that accommodate outdoor social activities,a recreation-oriented paving or turf boundary(if applicable),highlighting location and size of any open spaces,vegetated areas,plant species,wetlands or naturalistic man-made ponds(with side slopes necessary here; As per latest drawings,Total D Open Space 1 area with physical site elements that encourage physical activity,a garden AIA/Landscape Open noted),and vegetated roofs,Open space and vegetated area calculations, Pedestrian accesible Space&Green Space Area: space with a diversity of vegetation types and species that provide p P opportunities for year-round visual interest,a garden space dedicated to Description of how open space is physically accessible and meets area type criteria, 65,010 SF;(Compliant Landscape Area:23,943 SF- Floor-area ratio(only for projects with vegetated roofs). community gardens or urban food production,preserved or created habitat 36.83%,of Open Space) that meets the criteria of SS Credit Slte Dev:Protect or Restore Habitat and also includes elements of human Interaction. Wetlands or naturally designed ponds may count as open space if the side slope gradients average 1:4(vertical:horizontal)or less and are vegetated Required docs:Rainfall data,Rainfall events calculator or calculations for the choler percentile storm,Runoff volume calculations,Plans,details,or cross sections Option 1-Path 1(1 pt possible)-Manage on site the run off from developed depicting site conditions and GI or LID strategies,highlighting topography,direction site for the 95th percentile of regional or local rainfall events using low-impact of water flow,and area of site that each facility addresses,Narrative confirming NEED,Civil Stol'17rt4`atPi`Calcttlation,Mange 98th development and green infrastructure OR Path 2(3 pt)-for the 98th percentile measures qualify as GI or LID,Calculations for volume of rainwater managed by GI percentile of local rainfall events.Consider additional 3 D Rainwater Management 3 OR Path 3(3 pts)-for zero lot line projects in urban areas wl min of 1.5 FAR Civil/GC or LID strategies,Explanation for why 10 years of historic rainfall data are not manage,manage 85th percentile.OR Option 2(3 pts)-Manage onsite the available for the project location(if applicable).For opt 1,path 3:Description of measures for capacity>/v 100th%r�ainevent, +1 ll) annual increase in runoff volume from the natural land over condition to the conditions that make the project zero lot line,Floor area ratio.Opt 2:Documents potitt) postdeveloped condition illustrating natural land cover conditions Opt 1-Meet following criterion:Area of Nonroof Measures(.5)+Area of High-Reflective Roof(.75)+Area of Vegetated Roof(.75)must be greater Use paving materials with a three-year aged solar than or equal to Total Site Paving Area+Total Roof Area.Use combo of Required docs:Nonroof and roof area calculations,Site plan(s)with elements and reflectance(SR)value of at least 0.28,(Use of an open- , '.. t t D - Heat Island Reductions 2 these measure s:nonroof,high reflectance roof and vegetated roof measurse measurements,including LEED project boundary,building footprint,roof and (ADD MEASURES,http://www.usgbc.orginode/2613950?view=language)OR AIA/GC/ECSG hardscape area,and area of each roof and nonroof measure,Manufacturer's grid pavement system-at least 500/o unbound,can Opt 2-place a min of 75%of parking spaces under cover.Roof must be documentation of SRI,SR,and paving permeability,Parking space calculations. also count towards 2 points compliance).All"1{otlt have a 3 year aged SRI of at least 32,be a vegetated roof or be covered x rk'g:� 3z€°•ai�to be Sill compliant for 2nd LEH)wont by energy generation systems. Required docs for all projects:site lighting plan with boundaries,elements, Meet uplight and light trespass requirements,using eitherOptlon 1-the locations of fixtures,etc.,Porjects with internally illuminated exterior signage only-. backlight-uplight-glare(BUG)method OROption 2-calculation method.(see provide max luminance data. Design for lighting zone 2 no more then 0.10 horizontal TABLES.htip://www.usgbc.org/node/2600382?return=lcredits/new- AIA,Electrical For Opt 1,Uptight:Luminaire schedule showing uplight ratings. and vertical footcandles at the site boundary,less then 4 0 Light Pollution Reduction 1 construction/v4/sustainable-sites)AND Opt 1&2:Light trespass AND Opt 1&2: Opt 1,Light trespass:Luminaire schedle showing backlight and glare ratings and Internally illuminated exterior signage Lighting Designer.mounting heights. Opt.001 fc 10 ft beyond the site boundary and no more then 2,Upllght Calcs for lumens per luninarie and lumens emitted above horizontal Opt 2%of designed lumens above 90 degrees. 2,Light trespass:Greatest vertical illuminance value for each vertical cal plan at lighting boundary. LEED-NC Version 4 3 • 7 2 2 U Water Efficiency Possible 13 Requirements Responsible Action Needed Recommendations Points s n CZEI no Opt 1-Show that landscape does not require irrigation system beyond a max two year establishment period OR Opt 2-reduce the projects landscape water ECSGI o Required docs for Option 1•Site plan showing vegetated areas and Prerequisite;Use 100%native plant pallette and requirement by at least 30%from calculated baseline for site's watering/month Outdoor Water Use Reduction Reductions through plant speicies selection and irrigation system must meet Landscape/ Narrative for plant species and water requirements.ForOpt 2:Site plan showing consider rainwater harvesting and/or Drip EPA WaterSense Budget Tool. Owner location and size of landscape zones ad Water Budget Tool report. Irrigation. Reduce aggregate water consumption by 20%from the following current baselines toilets'-1.6 gpf,urinal'-1.0 gpf,public lavatory faucet-0.5 gpm at 60 psi,private lavatory faucet-2.2 gpm at 60 psi,kitchen faucent-2.2 gpm at 60 psi and showerhead'-2.5 gpm at 80 psi per shower stall.'must be Use only low flow(flush and flow)fixtures,Consider WaterSense labeled.There are standards for appliance and water use andr T I`s- lralfn�vittg'Plumbing Criteria':(1)0.a/h t1 CrDualstandard for processes. 'Flush Toilet,(2)0,12,5€''PC/Urinal (3)1,5 GPM y ° Architect/MEP/ Required docs'Product cutsheets,manufacturers'information,Indoor water use I Indoor Water Use Reduction o ECSC/Owner calculator_ 1Shower h€ad,(S)1.5 GPM Lavatory Assisted L'tvin , `(.p)0,5 GPM Lavatory-Office&Retail,(7)_1_•4 GPM kitchen Sink,Target a 40-45%reduction in potable Water use for sewage conveyance. 40 Install permanent water meters that measure the total potable water use for the _install permanent water meters that building and associated grounds.Data must be complied into monthly&annual Building-level water metering 2 summaries.Commit to sharing with USGBC the resulting while-project water MEP/Owenr Required docs:Meter declaration and Sharing commitmentmeasure the total potable water use for the building usage data for 5 year period beginning the project acceptance date. and associated grounds. Opt 1-Show that landscape does not require irrigation system beyond a max 100%native plant pallette and efficient two year establishment period OR Opt 2-reduce the project's landscape water Irrigation/high efficent irrigation controls.Consider 1 o Outdoor Water Use Reduction z requirement by at least 50%from calculated baseline for site's peak watering Landscape/ Required docs for Opt 2:Alternative water source and controls calculations.No rainwater collection AND/OR Drip Irrigation; month.Reductions through plant speicies selection and irrigation system must Owner permenant irrigation.100%native plant pallette. meet EPA WaterSense Budget Tool.If reduced 50%,1 point earned.100%,2 Consider"Temporary Irrigation"for additional LEED point Poitgt. Further reduce fixture and fitting water use from the calculated baseline in WE Architect/MEP/ Required docs:Alternative water source calculations(if applicable),Plumbing system s 1 o Indoor Water Use Reduction a prereq 2.Points for water use reductions(BD&C):25%-1 pt.30%-2 pts,35%- design drawings(if applicable),Alternative water narrative,Cutsheets,manufacturers See MiEp2 Comments 3,40%-4 pts.45%-5 pts,50%6 pts. ECSGI Owner information,Indoor water use calculator Conduct one-time potable water analysis and measure at least the 5 parameters listed w/maximun levels Ca(as CaCo3)-1000 ppm,Total alkalinity 1000 ppm,Si02-100 ppm,Cl-250 ppm and Conductivity-2000 micro siemens per cm.Calculate the number of cooling tower cycles by dividing the max allowed concentration level of each parameter by the actual concentraion Required docs for achieving 1 poln t:Potable water analysis results,Potable water level of each parameter found in the potable makeup water.1 point if max analysis narrative and Cycles of concentration calculationsFor achieving 2 points: 1 t - Cooling tower water use 2 number of cycles acheived without exceeding filtration levels or affecting MEP TBD Y 9 9 Above plus Nonpotable water calculations,Water treatment calculations,Nonpotable operation of condenser water system.2 points if achieves a min of 10 cycles water analysis(if using 100%nonpotable water). by increasing level of treatment in condenser/make-up water or achieve the number of cycles for 1 point and use a min 20%recycled nonpotable water. Install permanent water metersfor two or more of the following water subsytems.-Irrigation.meter water systems serving at least 80%of the irrigated landscaped area.-Indoor plumbing fixtures/fittingsmeter water - systems serving at least 80%of indoor fixtures.-Domestic hot water:meter Required docs:Water metering strategy narrative. Meter for indoor water,irrigation and cooling tower/ t - Water Metering 1 water use of at least 80%of installed domestic hot water heating cap.-Boiler MEP/AIA Step by step-Step 1.Identify candidate systems for submetering,Step 2. with aggregate projected annual water use of 100,00 gallons or more or a Determine scope of submetering,Step 3.Select metering equipment water collection(it applicable) boiler of more than 500,00 BtuH.-Reclaimed water.meter.-Other process water.meter at least 80%. LEED-NC Version 4 4 Possible 14 8 9 Z Energy&Atmosphere Points 33 Requirements Responsible Action Needed Recommendations Complete commissioning(Cx)process activities for mechanical,electrical, plumbing,and renewable energy systems and assemblies,in accordance with ASHRAE Guideline 0-2005 and ASHRAE Guideline 1.1-2007 for HVAC&R Required docs:CxA previous experience.Confirmation of OPR and BOD contents, Systems,as they relate to energy,water,indoor environmental quality,and List of systems to be commissioned.Verification of CxA activities and reviews x,Cx durability.Requirements for exterior enclosures are limited to inclusion in the plan,Documentation of testing and verification,CFR,O&M plan,Cx report.Steps: r c Fundamental commissioning u owner's project requirements(OPR)and basis of design(BOD),as well as the Develop the OPR and a BOD.Review them and project design.Develop and and verification review of the OPR,BOD and project design.NIBS Guideline 3-2012 for ECSG/GC implement a Cx plan.Confirm incorporation of Cx requirements into the construction Mandatory-ECSG to provide draft OPR/BOD. Exterior Enclosures provides additional guidance.Prepare and maintain a docs.Develop construction checklist.Develop a system test procedure.Verify current facilities requirements and operations and maintenance plan that system test execution.Maintain an issues and benefits log throughout the process, contains the information necessary to operate the building efficiently. Prepare a final Cx process report.Document all findings and recommendations and report directly to owner throughout process. Prerequisite;model the building using enrgy modeling p RequiredAppendix G energy modeling inputs,Input-output reports softeware and compare anticipated design perfornmcae Opt 1:Demonstrate an improvement of 5%for new construction.3%for major docs for Opt 1: renovations,or 2%for core and shell projects in the proposed building from modeling software,Exceptional calculations(if applicable), with baseline building performance.Demonstrate performance rating compared with the baseline building performance rating. Energy consumption and demand for each building end use and fuel type,Fuels minimum 5%performance above ASHRAE. Design case Y o Minimum Energy 0 The proposed design must meet the following criteria:compliance with the rates,Data center calculator(if applicable),Retail process energy calculator(if building should be compared to a ASHRAE"system 8" Performance mandatory provisions of ANSI/ASHRAE/IESNA Standard 90.1-2010,with MEP I ECSG applicable).Opt 2:AEDG compliance tables.Opt 3:Target Finder results,summary, errata;inclusion of all energy consumption and costs within and associated with Confirmation that all aspects of CPG Sections 1 and 2 were met,Building (VAV w/parallel fan-powered boxes and reheat,VAV fan the building project;and comparison against a baseline building that complies configuration analysis,Building loads and mechanical system design capacity, control,chilled water cooling and elec.resistance heat. with Standard 90.1-2010,Appendix G,with errata. Insulation installation details,Building envelope details,Domestic hot water The envelope must be compared to Roof R-15, efficiency,Narrative or calculations for CPG enhanced performance strategies. Vertical Glazing U1.2/SHGC.25 on all and Lighting power densities as per table 9.6.1(ASHRAE 90.1) Install new or use existing building-level energy meters,or submeters that can be aggregated to provide building-level data representing total building energy Y o Building-level energy u consumption.Commit to sharing with USGBC the resulting Required docs:Location of all meters,Meter ownership,Letter of Owner metering consumption/electrical deman data for a 5 year period beginning on the prject MEP Commitment,Systems metered must aggregate to the whole building energy use. Mandatory acceptance date for LEED.at min,consumption must be tracked monthly. Do not use chlorofluorocarbon(CFC)-based refrigerants in new HVAC&R systems.When reusing existing HVAC&R equipment,complete a Required docs for all equipment:E ui ment Fundamental comprehensive CFC phase-out conversion before project completion.Phase- existing q P type,Confirmation that no new or r - Refrigerant u out plans extending beyond the project completion date will be considered on MEP existing equipment contains CFCs,Refrigerant type.For when phaseout required: Mandatory Management their merits.Existing small HVAC&R that contain less than 0.5 lbs of refrigerant above plus CFC conversion or replacement plan,Refrigerant leakage rate,quantity, are exempt. Phase-out completion date. Required docs for all Options and paths:List of all tasks completed as part of Cx See prereq 1.Option 1-Path 1 enhanced commissioning(3 pts) OR activities,Training outline and participation list,Confirmation of systems manual 3 3 Enhanced 6 Path 2:achieve Path 1 AND develop monitoring-based commissioning(4 pts) ECSG delivery,Ongoing Co plan,Inclusion of monitoring and tracking in Co plan.For(At 1, ECSG t0 carry out Commissioning Adress AND/OR path 2:Inclusion of monitoring and tracking in Cx plan.ForOpt 2:Inclusion of envelope commissioning(2 pts) envelope in Cx plan.For Opt 1,Path 1&2:Verification of additional reviews per Data Center requirements(data centers only). Option 1:Establish an energy performance target no later than the schematic Required docs:Appendix G energy modeling inputs,Input and output reports from design phase.The target must be established as kBtu per square foot-year software,Renewableapplicable), calculations(if Consid4 1 gas Inc hot water,20%Energy-savings via 1 0 Optimize Energy Performance (kW per square meter-year)of source energy use.Follow EA Prereq 1 to AIA/MEP/ECSG modeling energy(if a PP Exceptional) demonstrate%improvement compared with baseline:(1-18 pts):6% applicable),Target Finder results and summary,Energy consumption and demand Solar rooftop Panels Etre rcctsmntvnded; for each building end use and fuel type,Fuels rale. Imnrrnamant in anprnv narfnrmanra 1 1 8%improvement in energy performance See above 1 l 1 10%improvement in energy performance See above 1 1 12%improvement in energy performance See above P 1 14%improvement in energy performance See above 1 1 16%improvement in energy performance See above 1 ii 1 18%improvement in energy performance See above _ 1 1 20%improvement in energy performance See above 1 1 22%improvement in energy performance See above 1 1 24%improvement in energy performance See above 1 1 26%improvement in energy performance See above • 1 i- 1 29%improvement in energy performance See above 1 j 1 32%improvement in energy performance See above ' 1 I 1 35%improvement in energy performance See above • 1 : 1 38%improvement in energy performance See above 1 42%improvement in energy performance See above 1 1 46%improvement in energy performance See above 1 1 50%improvement in energy performance See above OR Option 2:Implement and document compliance with the applicable recommendations and standards in Chapter 4,Design Strategies and Requied docs for Opt 2:Target Finder results and summary,AEDG compliance Recommendations by Climate Zone,for the appropriate ASHRAE 50% tables,List of process equipment efficiencies(retail only). Advanced Energy Design Guide and climate zone.(1-6 pts) _.tea LEED-NC Version 4 5 , i Install advanced energy metering for whole-energy sources used by building and any individual energy end uses that represent 10%or more of the total Key requirement here is:Provide advanced metering for t c Advanced anergy metering i annual consumption of building.Meter systems must have certain AIN MEP/ECSG Required docs:List of all advanced meters to be installed,including type,energy any individual energy end uses that represent 10%or 1 characteristics source metered and Manufacturers'cutsheets. more of the total annual consumption of the building. Design building and equipment for participation in demand response programs through load shedding or shifting.Case 1.if DR program is existing complete following:-design system with the capability for real-time,fully-automated DR based on extrenal initiation by DR provider,enrooll in a min 1 year DR participation for at least 10%of estpeak electrcity demand,develop plan for Required docs:Proof of enrollment in DR program(applies only to Case 1), p meeting commitment and include DR process in the scope of work for the Cx. Evidence of ability to shed 10%of peak demand,Confirmation that system is o Demand Response TBD Case 2-provide infrastructre to take advantage of future DR programs:-install capable of receiving and acting on external signal.Action plan for meeting reduction interval recording meters with communications and ability for the building requirement during event,Inclusion of DR in CxA systems testing plan. automation system to accept an external price or control signal,-develop plan to shed at least 10%off building est peak electrcity,-include the DR process in scope of work for Cx,-contact local utility representatives to discuss future DR programs. I - Calculate%renewable energy=equiv cost of usable energy produced by the renewable energy system/total building annual energy cost.The use of solar Required docs for on-site systems:Renewable system rated capacity,Calculations gardens or community renewable energy systems is allowed if project owns to determine energy generated,Equivalent cost of renewable energy produced, 3 c Renewable every production system or system is located with the same utility service area as facility AIN MEP/ECSG Documentation of annual energy costs.Forthlyd party system and community 20%„Energy-saving's via Solar root-tvtp Panels are claiming use.Points for renewable energy(except CS):1%-1 pt,5%-2 pts, systems:Contract indicating duration.Forcommunity system:Documentation recommended; 10%-3 ptsindicating percentage ownership of community system.If selling RECs Contract for REC or offset purchase,Green-e certification. Opt 1-Do not use refrigerants,or use only refrigerants(naturally occurring or synthetic)that have an ozone depletion potential(ODP)of zero and a global warming potential(GWP)of less than 50.Opt 2-Select refrigerants that are Required for Option 1:Confirmation that only no or low-impact refrigerants are used. used in HVAC&R equipment to minimize or eliminate the emission of For Option 2 Equipment type,Equipment cooling capacity,Equipment quantity, Refrigerant type.Refrigerant charge(plus supporting documentation,if applicable), 1 c Enhanced Refrigerant compounds that contribute to ozone depletion and climate change.The Highly recommend pursuing this credit if refrigerant runs management combination of all new and existing base building and tenant HVAC&R MEP Refrigerant charge calculations(for VRF systems only),Equipment life(plus supporting documentation,if applicable),Add row Provide Refrigerant equipment can be kept short and/or cooling tower being used. equipment that serve the project must comply with the following formula. LCGWP+LCODP x 10^5 less than or equal to 100.(IP units) schedule or GreenChill certification(commercial refrigeration systems),Leak test results(commercial refrigeration systems only). Engage in a contract for qualified resources that have come online since January 1,2005,for a minimum of five years,to be delivered at least annually. Required docs:Annual electricity and nonelectricity energy use calculations, The contract must specify the provision of at least 50%(1 point)or 100%(2 Calculations showing required REC,green power,or carbon offsets for targeted Project to consider tiseen Power and Carbon Offsets Green Power and Carbon points)of the project's energy from green power,carbon offsets,or renewable ECSG/MEP/ = c Offsets z energy certificates(RECs) Owner point threshold.Purchase contract or letter of commitment showing REC,green for LEED Gold,Approx.Cost 0.6-0.8 USD per MWh power,or carbon offsets for targeted point threshold,Green-e equivalency for five years commitment i'. documentation,if not Green-e certifiedre . 4 4 3 5 Materials&Resources P°;`'b f4 Requirements Respvnsil$e. Action Needed Recommendations Runts Provide dedicated areas accessible to waste haulers and building occupants for the collection and storage of recyclable materials for the entire building. Collection and storage areas may be separate locations.Recyclable materials Mandatory-All trash areas should be labeled must include mixed paper,corrugated cardboard,glass,plastics,and metals. Required docs:Verification of recycled material types.Narrative describing recycling "'i'rash/Recycling"and recycling accoinodations r o Storage&Collection of ° Take appropriate measures for the safe collection,storage,and disposal of AIA storage and collection strategies,Floorplans indicatingrecycling storage and Recyclables two of the following:batteries,mercury-containing lamps,and electronic waste. g g y g g should he provided throughout common areas. collection areas.For Retail only.Methodology and results of waste stream study. Recycling narrative and Interior bin,layout info required.Specify"Recycling Area"on Ground Floor. Develop and implement a construction and demolition waste management plan Establish waste diversion goals for the project by identifying at least five materials(both structural and nonstructural)targeted for diversion.approximate r c Construction and demolition ° a percentage of the overall project waste that these materials represent. Mandatory-GC and hauler to provide documentation -- 'waste management planning Specify whether materials will be separated or commingled and describe the GC/Owner Required docs:Construction waste management plan and Total construction waste. diversion strategies planned for the project.Describe where the materials will for life of demo and construction be taken and how the recycling facility will process the material. LEED-NC Version 4 6 Option 1-Historic building resuse(5 pts):Maintain the existing building structure,envelope,and interior nonstructural elements of a historic building or contributing building in a historic district. OR Option 2-Renovation of abandoned or blighted building(5 pts):Maintain at least 50%.by surface area,of the existing building structure,enclosure,and interior structural elements for buildings that meet local criteria of abandoned or rt are considered blight.The building must be renovated to a state of productive occupancy.Up to 25%of the building surface area may be excluded from credit calculation because of deterioration or damage. OR Option 3- Building and material reuse(2-4 pts):Reuse or salvage building materials from off site or on site as a percentage of the surface area,as listed in Table 1. Include structural elements(e.g.,floors,roof decking),enclosure materials Required docs for Opt 1:Documentation of historic designation status,Narrative (e.g.,skin,framing),and permanently installed interior elements(e.g.,walls, describing demolition(if any),Documentation of how additions and alterations(if any) doors,floor coverings,ceiling systems).Exclude from the calculation window meet local review board requirements.For Opt 2:Narrative describing abandoned or 3 3 c Building life-cycle Impact s assemblies and any hazardous materials that are remediated as a part of the blighted status,Reused elements table and calculations.For Opt 3:Reused reduction project.If Percentage of completed project surface area reused is 25%2 pts ECSG/Owner elements table and calculations.For Opt 4:Description of LCA assumptions,scope, TBD earned.50%:3 pts and 75%:4 pts. and analysis process for baseline building and proposed building,Life-cycle impact OR Option 4-While building life cycle assessment(3 pts):For new assessment summary showing outputs of proposed building with percentage change construction(buildings or portions of buildings),conduct a life-cycle from baseline building for all impact indicators. assessment of the project's structure and enclosure that demonstrates a minimum of 10%reduction,compared with a baseline building,in at least three of the six impact categories listed below,one of which must be global warming potential.No impact category assessed as part of the life-cycle assessment may increase by more than 5%compared with the baseline building.Use the same life-cycle assessment software tools and data sets to evaluate both the baseline building and the proposed building,and report all listed impact categories.Data sets must be compliant with ISO 14044. Select at least three of the following impact categories for reduction: -global warming potential(greenhouse gases),in CO2e; -depletion of the stratospheric ozone layer,in kg CFC-11; arldifirafinn of land and water cr.trrec in mnlec H.nr Ian Cr]? Option 1-Environment product declaration(EPD)(1 pt) Use at lest 20 diff Required docs for Opt 1:MR building product disclosure and optimization calculator Building product discloser permanenty installed products sourced from at least 5 diff manufactuers that or equivalent tracking tool,EPD and LCA reports or compliant summary documents meet one of these disclosures.-product-specific declaration-EPD which for 100%of products contributingtoward credit. c and optimlatizatlon- - P P P environmental procuct which conform to ISO 14025.14040,14044,and EN 15804 or ISO 21930 and Contractor/AIA ECSG to document it via Material Invoice/Submittals declarations have at least a cradle to gate scope.or-USGBC approved program AND/OR Option 2-Multi-attribute optimization(1pt)-Use products that comply with one of the criteria below for 50%,by cost,of the total value of permanently installed products in the project:-Third party certified products that demonstrate impact reduction below industry average in at least 3 of the Required docs for Opt 2:MR building product disclosure and optimization calculator following categories are valued at 100%of their cost for credit achievement or equivalent tracking tool and Documentation of compliance with USGBC-approved calculations:global warming potential,depletion of ozone layer,acidifcation of program. land/water sources,eutrophication,formation of tropospheric ozone or depletion of nonrewable energy resources.-USGBC approved programs. Option 1-Raw material source and extraction reporting(1 point)-Use at least 20 different permanently installed products from at least five different Building product disclosure manufacturers that have publicly released a report from their raw material Required docs for Opt 1:MR building product disclosure and optimization calculator C . and optimization-sourcing of 1 suppliers which include raw material supplier extraction locations.a G.C./Owner or equivalent tracking tool and Corporate sustainability reports for 100%of products ECSG to document it via Material Invoice/Submittals raw materials commitment to long-term ecologically responsible land use,a commitment to contributing toward credit. reducing environmental harms from extraction and/or manufacturing processes and a commitment to meeting applicable standards or programs voluntarily that address responsible sourcing criteria. AND/OR Option 2-Leadership extraction practices(1 point)Use products that Required docs for Opt 2:MR building product disclosure and optimization calculator meet at least one of the responsible extraction criteria below for at least 25%, or equivalent tracking tool and Documentation of product claims for credit by cost,of the total value of permanently installed building products in the requirements or other USGBC-approved program. project:Extended producer responsibility,bio-based materials,wood products, material resuse,recycled content or USGBC approved program. Required docs for Opt 1:MR building product disclosure and optimization calculator Option 1.Material ingredient reporting(1 pt):Use at least 20 different or equivalent tracking tool,Documentation of chemical inventory through Health Building product disclosure permanently installed products from at least five different manufacturers that Product Declaration.Cradle to Cradle certification labels,manufacturers'lists of C •- and optimization-material 1 use any of the following programs to demonstrate the chemical inventory of the ingredients with GreenScreen assessment reports for confidential ingredients,or ECSG to document it via Material Invoice/Submittals Ingredients product to at least 0.1%(1000 ppm),Manufactuer Inventory,Health Product USGBC-approved programs(if applicable). Declaration,Cradle to Cradle,USGBC approved program.AND/OR Required docs for Opt 2:MR building product disclosure and optimization calculator AND/OR Option 2.Material ingredient optimization(1 pt):Use products that or equivalent tracking tool,Verification of ingredient optimization through Cradle to document their material ingredient optimization using the paths below for at Cradle certification labels.manufacturers'lists of ingredients with GreenScreen least 25%by cost,of the total value of permanently installed products in the benchmarks listed for all ingredients,or manufacturers'declaration(for REACH),or project. USGBC-approved programs(if applicable). LEED-NC Version 4 7 I • Option 3.Product Manufacturer Supply Chain Optimization(1 point) Use building products for at least 25%,by cost,of the total value of permanently installed products in the project that: Are sourced from product manufacturers who engage in validated and robust safety.health,hazard.and risk programs which at a minimum document at least 99%(by weight)of the ingredients used to make the building product or building material,and re sourced from product manufacturers with independent third party verification of their supply chain that at a minimum verifies: Processes are in place to communicate and transparently prioritize chemical ingredients along the supply chain according to available hazard,Processes t are in place to identify.document.and communicate information on health, Required docs for Opt 3:Documentation of supply chain optimization • safety and environmental characteristics of chemical ingredients,Processes are in place to implement measures to manage the health,safety and • '.. environmental hazard and risk of chemical ingredients,Processes are in place to optimize health,safety and environmental impacts when designing and improving chemical ingredients,Processes are in place to communicate, receive and evaluate chemical ingredient safety and stewardship information along the supply chain,Safety and stewardship information about the chemical ingredients is publicly available from all points along the supply chain Recycle and/or salvage nonhazardous construction and demolition materials. Calculations can be by weight or volume but must be consistent throughout. Exclude excavated soil.land-clearing debris,and alternative daily cover(ADC). Include wood waste converted to fuel(bio-fuel)in the calculations;other types Required docs for Opt 1.MR construction and demolition waste management of waste-to-energy are not considered diversion for this credit.Option 1- calculator or equivalent tool,tracking total and diverted waste amounts and material 2 • c Construction and demolition 2 Diversion(1-2 pts)Path 1(1 pt)-Dived at least 50%of the total construction Owner/ streams,Documentation of recycling rates for commingled facilities(if applicable), waste management and demo material,must include at least 3 material system.OR Path 2(2 pts)-Contractor/ECSG Justification narrative for use of waste-to-energy strategy(if applicable), ECSG to document it;NEED:CWM Hauler details Divert at least 75%of the total construction and demo materials,must include Documentation of waste-to-energy facilities adhering to relevant EN standards(if applicable). at least 4 material streams. OR Option 2-(2 pts)Do not generate more than 2.5 lbs of construction waste per sq/ft of building's floor for Opt 2:Total waste per area. area. Povible 7 1 6 2 Indoor Environmental Quality 17 Requirements v portsibke Action Needed fteawnmendatr>7ns Points .. Required docs for Opt 1&2:Confirmation that project meets minimum requirements of ASHRAE 62.1-2010,Sections 4-7,or CEN Standard 13779-2007,Confirmation that project has MERV 11 or higher filters(if project is in nonattainment area for PM2.5),Ventilation rate procedure or CEN calculations and documentation of !Maildatttr(-THE 2010 STANDARD I:S RE(HIRED,Aldi, Option 1-Meet the minimum requirements of Sections 4-7 of ASHRAE assumptions for calculation variables,Controls drawing showing monitoring devices �` Standard 62.1-2010,Ventilation for Acceptable Indoor Air Quality(with errata). (outdoor airflow measuring device,current transducer,airflow switch,or similar 'eiiSul'?that the calculations fellow the Ventilation monitor,automatic indication device,CO2 sensor).for Naturally Ventilated y '1SIIIdR., o Minimum indoor air quality u AND Meet Mechanically and/or Naturally Ventilated Space requirements. Rate Procedure as laid Out within the ASHRAE performance Option 2-Projects outside of US must meet Annex B of Comite Europeen de MEP spaces:Confirmation that project meets minimum requirements of ASHRAE p p I p • Standard 62.1-2010.Section 7,and exhaust ventilation requirements of Section Standard,This uttcli_dile4 the consideration for Zone Normalisation(CEN)Standard EN 15251-2007 and CEN Standard EN 13779-2007(MAYBE MISSING A LIL INFO) 6.,Documentation of CIBSE flow diagram process for projec.Natural ventilation lAir Distribution n Effectiveness(Table 6-2;ASH RAE. procedure calculations and ventilation opening information,Any natural ventilation 6? j7010) exception from mechanical ventilation system(ASHRAE 62.1-2010,Section 6.4), , Any exception from authority having jurisdiction,Controls drawing showing monitorin. devices(outdoor airflow measuring device,current transducer,airflow switch,or similar monitor,automatic indication device,CO2 sensor) • Required docs for all projects where smoking Is prohibited:description of project's no-smoking policy,including information on how policy is communicated to Prohibit smoking inside bldg,Prohibit smokng except in designated smoking building occupants and enforced,Copy of no-smoking policy,signed letter from areas within at least 25 ft of bldg entries,air intakes and operable windows. owner describing project's no-smoking policy and enforcement,or copy of any legally o Environmental Tobacco U Also prohibit smoking smoking outside the property line in spaces used for AIN Owner/ binding covenants or restrictions to verify status of residential units as nonsmoking, Smoke(ETS)Control business purposes.Signage must be posted within 10 ft of all building ECSG Scaled site plan or map showing the location of designated outdoor smoking and no-Mandatory-Designated"No Smoking"building. entrances indicating no-smoking policy.Opt 1-No Smoking,meet above req, smoking areas,location of property line,and site boundary and indicating 25-foot(7.- OR Opt 2-Compartmentalization of Smoking Areas(') meter)distance from building openings,Drawings,photos,or other evidence of signage communicating no-smoking policy.Any code or landlord restrictions that prevent establishment of no-smoking requirements.Other requirements for residential projects. LEED-NC Version 4 8 Entryway systems-Install permanent entryway systems at least 10 feet(3 meters) long in the primary direction of travel to capture dirt and particulates entering the '.. building at regularly used exterior entrances.Acceptable entryway systems include permanently installed grates,grilles.slotted systems that allow for cleaning underneath,rollout mats,and any other materials manufactured as entryway systems with equivalent or better performance.Maintain all on a weekly basis. B.Interior cross-contamination prevention-Sufficiently exhaust each space where hazardous gases or chemicals may be present or used(eg.,garages,housekeeping Option 1-Enhanced IAD strategies.Comply with Mechanically ventilated and laundry areas,copying and printing rooms),using the exhaust rates determined Highly recommend pursuing this credit.Itetluires spaces(entryway system,interior cross-contamination prevention and filtration) in EQ Prerequisite Minimum Indoor Air Quality Performance or a minimum of 0.50 Enhanced Indoor air quality cim per square foot(2.54 I/s per square meter),to create negative pressure with additional exhaust.tans for etlUlptnent rt)t)nliS. t o 2 Actress:A.Entryway systems,B.Interior cross-contamination prevention,C. MEP/AIA/Owner strategies respect to adjacent spaces when the doors to the room are closed.For each of Coniirtxr laundry r'oom.,l.lnitortiui rt)oms titiVtcd to Filtration.D.Natural ventilation design calculalionsg.Mixed mode calculations these spaces,provide self-closing doors and deck-to-deck partitions or a hard-lid ceiling. =xtitrivr,self closing,fleck to deck, C.Filtration-Each ventilation system that supplies outdoor air to occupied spaces must have particle filters or air-cleaning devices that meet one of the following filtration media requirements minimum efficiency reporting value(MERV)of 13 or higher,in accordance with ASHRAE Standard 52.2-2007,or Class F7 or higher as defined by CEN Standard EN 779-2002,Particulate Air Filters for General Ventilation,Determination of the Filtration Performance. For Opt 2.Exterior contamination prevention:narrative describing type of modeling; model output reports highlighting contaminant levels and required thresholds. Increased ventilation:confirmation(calculations are documented under EQ Mechanically ventilated spaces(select one,add point): Option 2-Additional Enhanced IAD Strategies.AdditionallyA Exterior Prerequisite Minimum Indoor Air Quality Performance),Carbon dioxide monitoring. A.exterior contamination prevention; contamination prevention,B.Increased ventilation,C.Carbon dioxide list of densely occupied spaces,space type,design CO2 concentrations,floor plan monitoring,D.Additional source control and monitoring E.Natural Ventilation showing sensor locations,narrative describing CO2 setpoints,Additional source B.increased ventilation; room-by-room calculations. control and monitoring:description of likely air contaminants and how they were C.carbon dioxide monitoring;or identified,description of materials handling plan,plans showing installed monitoring D.additional source control and monitoring. system,Natural ventilation:room-by-room calculations,narrative,and diagrams demonstrating effective natural ventilation per referenced standard This credit covers volatile organic compound(VOC)emissions into indoor air and the VOC content of materials,as wet as the testing methods by which indoor VOC emissions are determined.Different materials must meet different requirements to be considered compliant for this credit.The building interior and exterior are organized in seven categories(Interior paints/coatings appled on site,Interior adhesives and sealants applied on site,flooring,composite wood,cielings,walls,thermal and acoustic insulation,furniture,extenod appled Required docs for both options.USGBC low-emitting materials calculator,Product ECSC to document it via GC,Paints&Coatings and 3 e u•... Low-emitting materials' 3 products(healthcare and schools only),each with different thresholds of AIN GC/ECSG information(e.g.,MSDS,third-party certifications.testing reports).Include low VOC Adhesives&Sealants and various other product compliance. Option 1-Product Category requirements in specifications and track during construction. submittals Calcuations,Table of Thresholds of compliance with emissions and content standards for 7 cat of materials and Table of assiciated points (http://www.usgbc.org/node/2614095?return=/credits) Option 2-Budget Calculations Method,The budget method organizes the building interior into six assemblies flooring,ceilings,walls,thermal and acoustic insulation and furniture('Equations and Tables in link above) Develop and implement an IAQ management plan.During construction,meet or exceed all applicale recommended control measures of the Sheet Metal and Air Conditioning National Contractors Association(SMACNA)IAQ Guidelines for Occupied Buildings under Construction,2nd edition,2007,ANSI/SMACNA 006-2008,Chapter 3.Protect absorptive materials stored on-site and installed from moisture damage.Do not operate permanently installed air-handling Required docs for all except Healthcare:IAQ management plan or detailed checklist, efficiency highlighting nonsmoking policy,Narrative describing protection measures for equipment during construction unless filtration media with a minimum e Construction IAD absorbent materials,Annotated photographs of indoor air and environmental quality ECSG to develop lAt7 Plan;Implementation St 1 c Management Plan 1 reporting value(MERV)of 8,as determined by ASHRAE 52.2-2007,with GC/Owner measures.Record of filtration media. verification Via regularcite-visits.GC to implement. errata(or equivalent filtration media lass Pb or higher,as defined by CEN Step by step:Step 1.Integrate SMACNA control measures into project drawings I Standard EN 779-2002,Particulate Air Filters for General Ventilation, and specifications,Step 2 Develop indoor air quality plan,Step 3 Implement plan Determination of the Filtration Performance),are installed at each return air grille and return or transfer duct inlet opening such that there is no bypass around the filtration media.Prohibit the use of tobacco products inside the building and within 25 feet(8 meters)of the building entrance during construction. LEER-NC Version 4 9 j - I Develop and implement an IAQ management plan. Opt 1-Flush Out by supplying a total air volume of 14.000 cubic feet of outdoor air per square foot(4 267 140 liters per second of outdoor air per square meter)of gross floor area while maintaining an internal temperature of at least 60`F(15`C)and no higher than 80°F(27°C)and relative humidity no higher Required docs for Option 1,Path 1&2:Flush-out report.For Opt 2:IAO testing than 60% Path 1:prior to occupancy,above or Path 2:with occupancy-Once report.Steps:1.Assess options 2.Specify low-emitting products and materials 3. the space is occupied,it must be ventilated at a minimum rate of 0.30 cubic Owner/ECSG/ Install finishes,furniture,and furnishings.4.Clean building ! C Indoor air quality assessment 2 foot per minute(cfm)per square foot of outdoor air(1.5 liters of outside air per GC Option 1:Step 1.Select path 2.Calculate required volume 3.Determine duration of Recommend option 2 if IEQc3 is pursued. second per square meter)or the design minimum outdoor air rate determined flush-out 4.Replace or install filters 5.Complete flush-out 6.Prepare flush-out report. in EQ Prerequisite Minimum Indoor Air Quality Performance,whichever is Option 2:Step 1:Determine air-testing locations 2.Perform test 3.Prepare indoor greater. air quality testing report Opt 2-Air Testing:After construction ends and before occupancy,but under ventilation conditions typical for occupancy,conduct baseline IAD testing using protocols consistent for all occupied spaces.Use current versions of ASTM standard methods,EPA compendium methods,or ISO methods,as indicated. ( Required docs for Thermal Comfort Design:Opt 1:Description of weather data Option 1.ASHRAE Standard 55-2010,Design heating,ventilating,and air- used to determine operative temperatures,relative humidity,outdoor temperatures, conditioning(HVAC)systems and the building envelope to meet the Plots or calculation results verifying that design parameters meet ASHRAE Standard Provide individual thermal comfort controls for at requirements of ASHRAE Standard 55-2010,Thermal Comfort Conditions 55-2010 for 80%acceptability(e.g.,psychometric chart;PMV or PPD'calculations, least SOa/o of individual occupant spaces.Provide for Human Occupancy,with errata or a local equivalentOR Option 2.ISO and ASHRAE Thermal Comfort Tool results:copy of ASHRAE 55-2010,Figure 5.2.4.1, !, CEN Standards:Design HVAC systems and the building envelope to meet the Figure 5.2.4.3,or Figure 5.2.4.4:or predicted worst-case indoor conditions for each Igroup thermal comfort controls for all shared requirements of the applicable standard. month on copy of Figure 5.3).For Opt 2:Documentation to verify thermally multioccupant spaces,and for any individual ISO 7730:2005,Ergonomics of the Thermal Environment,analytical conditioned spaces meet ISO 7730 or EN 15251,as applicable(e.g.,for ISO, occupant spaces without individual controls. determination and interpretation of thermal comfort,using calculation of the calculations based on Sections 4.1 and 6 or Annex H,computer program results 1 c Thermal comfort 1 PMV and PPD indices and local thermal comfort criteria;and MEP based on Annex D.tables based on Annex E,or copy of Figures 2,3,4,A.1,A.2;for CEN Standard EN 15251:2007,Indoor Environmental Input Parameters for EN,documentation of worst-case indoor conditions for each month on copy of Figure,Thermal comfort controls allow occupants,whether Design and Assessment of Energy Performance of Buildings,addressing Al).For Thermal Comfort Controls:List of spaces by type,quantity,and controlslin individual spaces or shared multioccupant spaces, indoor air quality,thermal environment,lighting,and acoustics,Section A2. Other requirements for Warehouse and Distribution centers. to adjust at least one of the following in their local 4n addition,provide individual thermal comfort controls for at least 50%of 'PMV=predicted mean vote(index of thermal comfort) individual occupant spaces.Provide group thermal comfort controls for all 'PPD=predicted percentage of dissatisfied(people) !environment:air temperature,radiant temperature, shared multioccupant spaces,and for any individual occupant spaces without lair speed,and humidity,May individual controls. retuil/1>ibceareas if delivered"core 8,,shell', Option 1-Lighting control:For at least 90%of individual occupant spaces, provide individual lighting controls that enable occupants to adjust the lighting to i c Interior lighting t suit their individual tasks and preferences,with at least three lighting levels or MEP Required docs for Opt 1:Table of individual occupant and multioccupant spaces and May prone difficult ift retail/office$teas if denvered scenes(on,off,midlevel).Midlevel is 30%to 70%of the maximum illumination lighting controls in each spec. "core and shell". level(not including daylight contributions). Required Docs for Opt 2:for Strategy A:Table of regularly occupied spaces and Option 2:Lighting quality:Choose four of the following strategies. associated lighting details,Lighting details,including manufacturer and model,results A.For all regularly occupied spaces,use light fixtures with a luminance of less of estimations,or in situ or laboratory photometric tests. than 2,500 cd/m2 between 45 and 90 degrees from nadir. B.Lighting details,including manufacturer and model,results of estimations,or in silt. __.." Exceptions include wallwash fixtures properly aimed at walls,as specified by or laboratory photometric tests manufacturer's data,indirect uplighting fixtures,provided there is no view down C.Calculations of total connected lighting load,Lighting details,including into these uplights from a regularly occupied space above,and any other manufacturer and model,results of estimations,or in situ or laboratory photometric specific applications(i.e.adjustable fixtures). tests B.For the entire project,use light sources with a CRI of 80 or higher. D.Table of regularly occupied spaces and associated lighting details.Calculations of Exceptions include lamps or fixtures specifically designed to provide colored total connected lighting load,Lighting details.including manufacturer and model, lighting for effect,site lighting,or other special use. results of estimations,or in situ or laboratory photometric tests C.For 75%of the total connected lighting load,use light sources that have a E.List of ceiling,wall,and floor surfaces and their associated surface reflectance rated life(or L70 for LED sources)of at least 24,000 hours(at 3-hour per start, values,Average surface reflectance calculations. if applicable). F.List of work surfaces and movable partitions and their associated surface D.Use direct-only overhead lighting for 25%or less of the total connected reflectance values,Average surface reflectance calculations. 1 lighting load for all regularly occupied spaces. MEP G.List of work surfaces and illuminance values(lux),Illuminance ratio calculations. E.For 90%of the regularly occupied floor area,meet the following thresholds H.List of wall or ceiling surfaces with illuminance values(lux),Illuminance ratio calcs. for area-weighted average surface reflectance:85%for ceilings,60%for walls, and 25%for floors. F.If furniture is included in the scope of work,select furniture finishes to meet the following thresholds for area-weighted average surface reflectance:45% for work surfaces,and 50%for movable partitions. G.For 75%of the regularly occupied floor area,meet ratio of average wall surface illuminance(excluding fenestration)to average work plane(or surface, if defined)illuminance that does not exceed 1:10.Must also meet strategy E, .., strategy F,or demonstrate area-weighted surface reflectance of 60%for walls. H.For 75%of the regularly occupied floor area,meet ratio of average ceiling illuminance(excluding fenestration)to work surface illuminance that does not exceed 1:10.Must also meet option E,option F.or demonstrate area-weighted surface reflectance of 85%for ceilings. Required docs for all projects.Floor plans highlighting regularly occupied spaces(for Provide manual or automatic(with manual override)glare-control devices for al Healthcare,regularly occupied perimeter area),List of glare-control devices for all regularly occupied spaces. windows with their control mechanism.ln addition,For Opt 1:List of compliant spaces with their annual summary values for SDA and ASE,Geometric plots from Select one of the following three options. simulations,Narrative or output file describing daylight simulation program,simulatior 1 i c Daylight 7 inputs,and weather file.For Opt 2:Geometric plots from simulations,Narrative or TBD-Viability based Revit Simulation Option 1.Simulation:Spatial Daylight Autonomy(2-3 points) output file describing daylight simulation program,simulation inputs.and weather file, Option 2.Simulation:Illuminance Calculations(1-2 points) List of compliant spaces with their calculated illuminance values.For Opt 3:Floor Option 3.Measurement(2-3 points)-INFO MISSING. plans or list of compliant spaces with measured illuminance values for each node, Calculations demonstrating percentage of compliant space between 300 lux and -------- 30001iix LEER-NC Version 4 10 Achieve a direct line of sight to the outdoors via vision glazing for 75%of all regularly occupied floor area.View glazing in the contributing area must provide a clear image of the exterior,not obstructed by bits,fibers,patterned glazing, or added tints that distort color balance. Additionally.75% Required docs for all projects:List of all regularly occupied spaces,qualifying floor of all regularly occupied floor area must have at least two of the following four kinds of views area in each space,and view features,Sections,elevations,diagrams,renderings,or 1-Multiple lines of sight to vision glazing in different directions at least 90 photos indicating sight lines to glazing do not encounter permanent interior degrees apart: obstructions,Floor plans or diagrams identifying regularly occupied spaces and the 1 c Quality Views 1 2-Views that include at least two of the following:(1)flora,fauna,or sky;(2) AIA/Owner following view types:1-Multiple sight lines for each regularly occupied space.2- TBD-Viability based on furniture layout for regularly movement;and(3)objects at least 25 feet from the exterior of the glazing: Sight lines and exterior features labeled;provide multiple floor plans if view features occuppied areas. 3-Unobstructed views located within the distance of three times the head change at varying building heights.3-Sight lines and area indicating three times head height of the vision glazing;and height.4-Area with view factor of 3 or greater,Sections,interior elevations,or other 4-Views with a view factor of 3 or greater,as defined in"Windows and Offices; documentation that demonstrates the view factor,Method for determining view factor A Study of Office Worker Performance and the Indoor Environment." for each typical occupant location. Include in the calculations any permanent interior obstructions.Movable furniture and partitions may be excluded. Views into interior atria may be used to meet up to 30%of the required area. Required docs for all projects.HVAC background noise:Occupied spaces'sound level values,Calculation,measurement narrative,or manufacturersdata,Noise reduction narrative. Sound Isolation:STC ratings for space adjacencies,Calculation,measurement narrative,or manufacturers'data, For all occupied spaces,meet the following requirements,as applicable,for Reverberation time:STCc ratings for space adjacencies,Calculation, 1 D Acoustic performance 1 HVAC background noise,sound Isolation,reverberation time,and AIA/MEP measurement narrative.or manufacturers'data. TBD sound reinforcement and masking. Sound reinforcement and masking system s:List of all large conference rooms and auditoriums,Explanation of sound reinforcement methodology(if installed), Explanation of sound reinforcement system components and specifications(if installed),Explanation of masking system components and specifications narrative(if installed),Diff requirements for Schools and Healthcare. 5 0 0 0 Innoaation&Design Process Possible rements Responsible Party Action Needed Recommendations MP M. Lam 11131 t ,' o Green Cleaning 1 Include green cleaning criteria in ongoing maintenance activities. Owner/ECSG Green Cleaning Policy required Implement Green Cleaning for LEED Gold o :...... Integrated Pest Management 1 Include integrated pest management in pest control activities Owner/ECSG IPM Policy required Implement IPM Policy for LEED Gold t D t• EP-Rainwater Management: 1 Manage 100%rainwater that falls within the project boundary Owner/ECSG TBD Achieve EP Point for LEED Gold • o EP-Heat Island Reduction 1 100%Parking under cover&achieve Option 1&2 BOTH Owner/ECSG TBD TBD 1 c LEEDTM Accredited 1 Have 1 full time LEED ap working on this project. ECSG Contract with ECSG Recommended Professional 3 0 0 3 Regional Priority Possible 6 Requirements Responsible Action Needed Recommendations Points 111 See"Renewable Energy Production"LEED Credit ac Regional Priority: 1 Renewable Energy Production(Must meet 5%Thresold) ECSG TBD comments See"Optimize energy performance"LEED Credit ac M,... Regional Priority: 1 Optimize energy performance(Must meet 18%Thresold) ECSG Recommended comments TBD See"Site Development-Protect or Restore"LEED Credit ac Regional Priority: 1 Site Development-Protector Restore-(Must do Opt.1) ECSG comments 1 Drc .-.. Regional Priority: 1 Bicycle facilities ECSG Recommended See"Bicycle facilities"LEED Credit comments We can only qualify for RP Point with temporary ac Regional Priority: 1 Outdoor Water Use Reduction(opt.1+2) ECSG Recommended irrigation ox Regional Priority: 1 Light pollution reduction ECSG Recommended N/A LEED Addendum&References 1._°https:.[f lEodc rer_hufid tggrreen.comjfnrum[ctccupancq..fypg,.trans oriLgs,rendent" 2.ht ps;//yvww.usgbc org/contentla t-10¢0010611 3.https://ieeduser,buildinaereen.com/creditJhC-v4l.Tcy4tab-faq 4.nttps1/Www usgpc.grg(content110411 5.haps;/Jw.mm.usapc,.gcgb ontentjil-2391 6:._ht:.tpsiL/www q.b?.c.,p g[cgnten,i:082 LEED-NC Version 4 11 This instrument was prepared by: City of Aventura 19200 West Country Club Drive Aventura, FL 33180 (Reserved for Clerk) RESTRICTIVE COVENANTS AND AGREEMENT PURSUANT TO CITY OF AVENTURAGREEN BUILDING PROGRAM CHAPTER 14, ARTICLE VI., CITY CODE KNOW ALL BY THESE PRESENTS that the undersigned Owner hereby makes, declares and imposes on the land herein described, this agreement and covenant running with the land, which shall be binding on the Owner, all heirs, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under them; RECITALS WHEREAS, Medical Districts Developments LLC, ( the "Owner"), holds fee simple title to the land in the City of Aventura, Miami-Dade County, Florida, more specifically described in Exhibit"A" (the "Property"), attached hereto, and WHEREAS, the City Commission of the City of Aventura ("City") adopted a Green Building Program by Ordinance No. 2009-18 on October 6, 2009, now Chapter 14, Article VI. of the City Code, and WHEREAS the Green Building Program provides incentives to the Owner to attain LEED® certification by the Green Building Certification Institute and the Owner has filed an application to the City Commission for award of those incentives through the Conditional Use Approval process in the City Code; and WHEREAS the City Code requires that any Green Building Program Participant requesting award of incentives shall provide its LEED® certification checklist to the City and that the checklist and certification details shall be confirmed through a written agreement between the property owner and the City and through a covenant recorded in the Public Records, and WHEREAS, the Owner desires to develop an office/retail/assisted living facility on the Property and wants to assure the City that the development will be built in accordance with proffered plans consistent with the City Code, and specifically, that the building will be constructed so as to attain LEED® Gold or Platinum certification by the Green Building Certification Institute, and Exhibit 8 CUP1911-001 & ABRW1911-001 WHEREAS, the Owner has proposed the manner of compliance with LEED® Gold or Platinum certification pursuant to the checklist attached as Exhibit "B" and wishes to assure the City that these checklist items will be incorporated into the development, shown or noted on the building permit plans and maintained in perpetuity. NOW THEREFORE, in consideration of the foregoing recitals and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Owner hereby agrees and covenants, for themselves, their heirs, successors and assigns as follows: 1. Recitals. The above recitals are true and correct and are adopted by the Owner and are incorporated as part of this Agreement. 2. Covenant Running With The Land. This Restrictive Covenant and Agreement (hereinafter referred to as the "Covenant") on the part of the Owner shall constitute a covenant running with the land and will be recorded, at Owner's expense, in the public records of Miami-Dade County, Florida, and shall remain in full force and effect and be binding upon the heirs, successors and assigns of the respective parties hereto. 3. Site Plan. The Property will be developed in accordance with the site plan entitled "1212 Aventura" under Case File No. SP 1909-0001 ("Site Plan"). 4. Green Building Design Elements. The Owner proposes to construct the building with green building design elements shown on Exhibit "B" so as to attain LEED® for Core and Shell Gold or Platinum certification by the Green Building Certification Institute. 5. Building Permit. The owner shall cause all LEED® checklist items listed in Exhibit "B" to this Covenant to be shown or noted on the construction plans submitted to the City for Building Permit application. 6. Maintenance of the Green Building Design Elements. The green building design elements as listed on the LEED® checklist and constructed pursuant to the Building Permit shall be maintained by the Owner or subsequent owner(s) in perpetuity. 7. Performance Bond. Prior to issuance of a building permit for this development, the Owner shall provide to the City a performance bond in the form of an irrevocable Letter of Credit, or other security in form approved by the City Manager and City Attorney, in the amount of 5% of the value of the proposed costs of construction as approved by the City's Building Official to guarantee LEED® Gold or Platinum certification of the building by the US Green Building Certification Institute. The security shall be subject to call by the City one hundred and eighty (180) days from the issuance of the certificate of occupancy or certificate of completion, whichever first occurs, if LEED® certification has not been achieved by that time. Reasonable extensions of time, up to a maximum of one (1) year from the issuance of the certificate of occupancy or certificate of completion, whichever first occurs, may be granted by the City Manager or his designee for good cause. If the Owner fails to complete LEED® certification as committed within one (1) year from the issuance of the certificate of occupany or certificate of completion, then the City Manager or his designee shall deem such security forfeited to the City for any lawful governmental purpose identified by the City Commission. If the development receives LEED® certification at the level committed by the Owner prior to the expiration of the one hundred and eighty (180) day period provided for above, or extensions of time as granted by the City Manager or his designee, and the security has not been forfeited as provided above, then the security may be released following submittal to the City of written proof of level of LEED® certification awarded by the Green Building Certification Institute. • 8. Term. The provisions of this Covenant shall become effective upon their recordation in the public records of Miami-Dade County, Florida, and shall continue in effect for a period of thirty (30) years after the date of such recordation, after which time they shall be extended automatically for successive periods of ten (10) years each, unless released in writing by the then Owners of the Property or portion of the Property for which the release is sought, and by the City Manager upon the demonstration that the same is no longer necessary to preserve and protect the Property for the purpose herein intended. 9. Multiple Ownership. In the event multiple ownerships are created subsequent to Site Plan approval, each of the subsequent owners, mortgagees, heirs, assigns and other parties in interest shall be bound by the terms, provisions and conditions of this Declaration. 10. Modification or Release. The individual Parcels within the Property may be modified or released from this Declaration should the approved building be demolished or destroyed and a new building erected in its place that does not apply for incentives under the City of Aventura Green Building Program set out in Chapter 14, Article VI. of the City Code, provided; however, that any release or modification shall be approved by the City Manager as described in Section 8 hereof. 11. Enforcement. Enforcement shall be by action against any parties or persons violating or attempting to violate any of these covenants. The prevailing party in any action or suit arising out of or pertaining to this Covenant shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may determine to be reasonable attorney services. This enforcement provision is in addition to any other remedy at law, in equity or both. 12. Severability. Invalidation of any one of these Declarations, by judgment of Court, shall not affect any of the other provisions, which shall remain in full force and effect. 13. Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. 14. Authorization of City to Withhold Permits and Inspections. In the event of a violation of this Covenant, in addition to any other remedies available, the City is hereby authorized to withhold any permits, and refuse to make any inspections or grant any approval, until such time as this Declaration is complied with. 15. Recording. This Covenant shall be recorded in the Public Records of Miami-Dade County at the Owner's expense. WITNESSES: MEDICAL DISTRICT DEVELOPMENTS, LLC , a Florida limited liability company Print Name: By: Print Name: Print Name: Title: [CORPORATE SEAL] STATE OF ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2020, by , as of who is personally known to me or who has produced as identification, who executed same for the purposes described therein. [SEAL] Printed Name: My Commission Expires: _ Notary Public, State of at Large ACCEPTED BY THE CITY OF AVENTURA By: : City Manager Date: , 2020 Attest: City Clerk Approved as to form and legal sufficiency on this day of , 2020 City Attorney EXHIBIT "A" Legal description of Property: EXHIBIT "B" LEEDS Certification Checklist r .Fog3u o - � �e�LL,00 LL, CV .e Q .o o g e .cQi :bgoo "c R C0/) oz fti SQlibM � �o o�b 0/v w 'Qz�l � ` �37�yM 7�.�► y� h 4rc", ry � 5 a W 2C, m a Oa °4; zoCrx ti o ra li yyym �m �i °P H d WM LOLO W N QQ 00. O IL a � U J — Q U LL NLL LL LL LLo 0 � to M m LdHOO HL6d -3'N OS94 30Vd z£SSz'8'N'0 m co U' N m Co M�m 30 3NIlWiN30� 1TJ000 4162 3N 11 S-n H31HM Q (5 n n L6 d L£30Vd Zi—LOW 'ON NO ni.3a Alla J r CO r rn m Zl N008 1Vld A3 031VOVA NOILNOd LL —V321V U3ANAS.IM LC 30Vd Zl 710081V1d � ! ry V3dV 03"3S3d V SV IV-Id NO NMOHS 3 lano� L961-9-9 031e'0 0 w yi L9-696 N 'ON NOILOlOS3d A8 030N3NIV V Hl$Z '3'N L961-01-9 031VO L9-89L-N'ON NOa nics3H v I} # LlS 30Vd LM N008 0330 (S3ITJVA HLOIM)AVM d0 1HOM 3110-.d V I awwc� 91 V d� LU Ji Lu 0000 0 � I co I/—/� V1 � o g IT� J C& (7 r a RW I 9 W v Q S�� LLI Wa— — — ZIP Z ' N LU Eo I �o LL I 0m n� z✓' F e+i JZ Y J I �VOI 1-- ;: h a a o � I F LE 3rJVd 2i>1009 lb"ld. t-- g AHVd 3-]VaNY71VH O� 09i, 0 z LUo > - NMUM �l cn 01 I'vo OLL L) Z" c ()o C14 F w M 0 LL 0 LL(L IJ IL 0 LIL -- LL W LL LL LL Uj 0 Hm 4 W LL 0,LL LL cn L J) 18noD H16Z'3'N 0991 30vd TVRSZ'OV0 30 3NI101N3O L£30tld 18n00%6z -C:,r,�t�Lm Zi:_Loo '03 F 00 L,0) N NN oi 11 SM701 VS03 d I I"'D C '13111'C13A43S38 _.ke C131YOVA NOUWd m OD LC 39Yd ZL MOOR IV_Td V3HV 3A83S38 V SV IV7d NO NMOHS o -Lbinoo 4961-9-9 OBLVO _9-b96-21'ON I -miwv v LM-oi-q aglya NCI nios3�j�,g a LS-PRL-a ON NOLiffloq3�1 12 H16Z AN �S MVP LM A DO Cl--,l (S318VA HLOVA AVM AD IHOIN ne LU 3 4- w w —ell 0 CM I m w -i o WC4 i O I � < LL 0 Aoo o T- 0 z �o Ono C)o L 46oua as - Oz 7-7 (AVM=10 J.Huts OMnd) 'N 1(830W0100GINn,-_13244,003s)__iunOO H193 _'3'N F�7 o L£3-0-d --Wd I> --ld - 11-F se T0=1S This instrument prepared by and when recorded return to: Weiss Serota Helfman Cole& Bierman, P.L. 2525 Ponce de Leon Boulevard, Suite 700 Coral Gables, Florida 33134 DECLARATION OF RESTRICTIONS THIS DECLARATION OF RESTRICTIONS is made and entered into this day of January, 2020, by MEDICAL DISTRICT DEVELOPMENTS LLC, a Florida limited liability company (the "Owner") having an address of 21290 Biscayne Boulevard, Aventura, Florida, 33180, in favor of the City of Aventura, a Florida municipal corporation (the "City") having an address of 19200 West Country Club Drive, Aventura, Florida, 33180. WITNESSETH: WHEREAS, the Owner holds fee simple title to certain real property located at 21290 Biscayne Boulevard, Aventura, Florida 33180, as more particularly described on Exhibit"A" (the "Property"), attached hereto and made a part hereof; and WHEREAS, the Owner will develop the Property as a retail/office/assisted living facility development and has previously applied for certain zoning approvals for the construction of such improvements and has received such approval from the City pursuant to Resolution No. 2020- , passed and adopted on the 7th day of January, 2020; and WHEREAS, pursuant to Resolution No. 2020- , the City, has vacated the public right-of- way known as N.E. 28th Court lying and situated in Miami-Dade County, City of Aventura, Florida, as more particularly described on Exhibit"B" attached hereto and made a part hereof(the "Vacated Area"), which abuts the Property; and WHEREAS, the Owner intends to continue to use the Vacated Area as a private road to be continuously operated and maintained by the Owner, its respective successor and or assign; and WHEREAS, the Owner wishes to provide further assurances to the City that the Vacated Area will continue to be used for private road purposes and 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 the Owner's successors and assigns: 1. Site Plan. The Property will be developed in conformity with the site plan approved by Administrative Site Plan Approval No. SP1909-0001 on , 2020, more specifically identified on Exhibit "C" hereof (the "Site Plan"), as it may be amended. No Exhibit 11 CUP1911-001 & ABRW1911-001 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 Owner, its 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 Owner shall constitute a covenant running with the land and shall be recorded in the public records of Miami-Dade County, Florida at the Owner's expense 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. The Owner,and its heirs, successors and assigns,acknowledge that acceptance of this Declaration does not in any way obligate or provide limitation on the City. 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 Owner 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. 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. 11. 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. However, if any material portion is invalidated, the City shall be entitled to revoke any approval predicated upon the invalidated portion. 13. Recording. This Declaration shall be filed of record in the public records of Miami-Dade County, Florida at the cost of the Owner. 14. Acceptance of Declaration. Acceptance of this Declaration or the Application also does not confer any rights upon the Owner or its respective successors and/or assigns. 15. Authority. The Owner represents that it has the authority to enter into this Declaration as a binding instrument in full force and effect. IN WITNESS WHEREOF, signed, executed, and acknowledged this day of 2020. WITNESSES: OWNER: By: MEDICAL DISTRICT DEVELOPMENTS LLC,a Florida limited Name: liability company By: By: Name: Name: Title: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this day of 2020, by , as of MEDICAL DISTRICT DEVELOPMENTS LLC, a Florida limited liability company, 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: ACCEPTED BY THE CITY OF AVENTURA this day of , 2020. By: Ronald J. Wasson, City Manager Attest: Ellisa L. Horvath, MMC, City Clerk Approved as to form and legal sufficiency on this day of , 2020. David Wolpin, Esq., City Attorney EXHIBIT "A" Legal Description of Land EXHIBIT "B" Vacated Area EXHIBIT "C" Site Plan Exhibit 12 This instrument prepared by and after CUP1911-001 & recording should be returned to: ABRW1911-001 City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 EASEMENT AGREEMENT This Easement Agreement (the "Agreement") is made and entered into the day of , 2020, by and between MEDICAL DISTRICT DEVELOPMENTS LLC, a Florida limited liability company, having an address of 21290 Biscayne Boulevard, Aventura, Florida 33180, (hereinafter referred to as "Grantor"), 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, Grantor is the owner of the real property located at 21290 Biscayne Boulevard,Aventura, Florida 33180, as legally described in Exhibit"A"attached hereto and made a part hereof(the "Property"); and WHEREAS, pursuant to Resolution No. 2020- , Aventura vacated that portion of the public street known as N.E. 28th Court between NE 213 Street and NE 214 Street(the"Vacation"), lying and situated in Miami-Dade County, City of Aventura, Florida, and abutting the Grantor's Property, as more particularly described in Exhibit"B"(the"Easement Property") attached hereto and made a part hereof; and WHEREAS, as a result of the Vacation, the vacated right-of-way became the property of the abutting owner, the Grantor herein; and WHEREAS, in consideration of the Vacation by Aventura, Grantor has 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 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, Grantor and Grantee agree as follows: 1. Recitals. The parties acknowledge that the foregoing recitals are true and correct and hereby incorporated into this Agreement as if fully set forth herein. 2. Grant of Easement. Grantor hereby grants and conveys the following non- exclusive perpetual easements on the Easement Property described in Exhibit"B" attached hereto and made a part hereof: {W0477323.2} 1 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. Grantor also grants Grantee a license to temporarily locate its equipment on any portion of the Grantor's 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. 3. Maintenance of Existing Improvements on the Easement Property. Grantor shall maintain the Easement Property as an open, two-way street, for access, ingress and egress to and from NE 213 Street and NE 214 Street, in order to reasonably allow the Grantee and the public the rights herein granted. Grantor, and its successors and assigns, shall have the obligation, at Grantor'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 Grantor fails to maintain the Existing Improvements on the Easement Property in the condition and as required herein, Grantee shall give notice of default to Grantor, and Grantor 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 Grantor. In the event that Grantor fails to cure or remedy such default, the Grantee may repair or restore the Easement Property to the required condition,and thereafter, Grantor shall reimburse the Grantee for the reasonable cost of such repair or restoration within thirty (30) days following receipt by Grantor of a reasonably documented invoice for same. 4. Maintenance of Future Improvements on the Easement Property. Grantor, and its respective successors and assigns, 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 {W0477323.2} 2 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. All remaining obligations for the maintenance and repair of future improvements to the Easement Property shall be the sole obligation of Grantor 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 Grantor. In exercising its rights hereunder, Grantee shall use reasonable efforts to minimize any impacts to Grantor's ongoing activities on the Property. At no time will the City's activities on the Property interfere with ingress or egress to and from either the Property by residents, guests, employees and invitees. Notwithstanding the foregoing, Grantor, and its 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. Grantor 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, Grantor 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. {W0477323.2} 3 8. Indemnification. Grantor hereby agrees, 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 Grantor 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 Grantor 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. 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 Grantor 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 Grantor. In the event that the Grantee undertakes such obligations to cure and/or enforce the covenants, rights, conditions, obligations and restrictions set forth herein, Grantor 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 Grantor shall pay such fees and costs within thirty (30) days after the Grantee has delivered to Grantor 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 Grantor, 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 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) {W0477323.2} 4 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. 15. Amendments: Termination. 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] (W0477323 2} 5 IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement Agreement as of the day and year first written above. Witnesses; GRANTOR: MEDICAL DISTRICT DEVELOPMENTS LLC, a Florida limited liability company Print Name: Print Name: By: Date Executed: STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this day of 2020, by as of Medical Districts Developments LLC, a Florida limited liability company, who (check one) [ ] is personally known to me or [ ] has produced as identification. Notary Public, State of Florida My Commission Expires: Print Name: {W0477323.2} 6 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 , 2020, 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: {W0477323.2} 7 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY {W0477323.2} 8 EXHIBIT "B" LEGAL DESCRIPTION AND SKETCH OF EASEMENT PROPERTY {W0477323.2} 9 %0 APPLICANT REPRESENTATIVE AFFIDAVIT ItNalusot to SevAto 31.7 I(t,., . - . •.. , . .. ; . - etel The urgtoo;i141xttot-ied tf4,,41i.4 ol t f ttIt i ..-, - - ,- ,)„ ., ,, -- ' .' ,,. ',•,.. , 4 .,.. 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APPLICANT S ANU ATI ANTS ARE At)VtSI P TO T IVEI.V SUPP1 I MEM THIS AU tHAVI 1 PURSUANT TO St e 11-7 1011(41,1)OF Ifil P11 Y S t AND atm OPMf NT RI(411 AWNS IN THF CON CODE IN 1111 1 VF N MAT PRtOR TO CaNSIOERATION OF THE APP4 1CM TON BY THE CITY WARD OR COM ISU)N. THE 1NFORVA I TON PROV;DED!iti THE AFFIDAVIT Rr(Mr.;INCORRECT OR INCOVPI Fn i ill, -.CP(ejl7N ill't: 0;44 AUTHOR. 0• - ' frNIATNE OF APPtICANT ., , 8 i ' aRA A irstr Mil ry la Nwt* ite(str411 t r 44 e it.4 4t*:47 _ (ha) Cr''); A tatitq_ ___ Llie ULU 44 t r ...... ...... - ------- AddfeSS 444 4 J6 , 4.4.4 so 61.0.101% . ............ _ . iv, .41_ .._ ..._. Aodtes 41(i la PJ . A I 4 S r _._ lin lif-re. ft. 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Vikeol• VitA-1,1"...,,' Am*oot Airt~rtlhoe'....inkl 4rAterriON Peozes'? Otilinivi II Sot Alit?.34.5 A'Mit Ai tced City CA* WITNESS MY HAND THIS_ JZ .DAY OF ey►'e31 .._ _.,e 20I REPRE`' TATIVE:(Listed •1 Tutsi s anship Affidavit) „, __ (S white) By , __— � ___(Signature P,e Nam , (Prino Name: _ _ (Print) Title:4fc, a. _- cX..P_d► (Priv/) Title: _(Print) B/0:014111_ (Signrttu t) By:.. . (Signature Ni^^lam .(Print) Name: (Print) T (Print) Title: (Print) By .. .:_tom (Signature) By: (Signature Name: c► _(Pring Name: _(Print) Title: _ , (Pratt) Title: Prhit By. ....._._a_(Skjoaiu ) By:._._ _.._ ..m _ _ (Signature Title. -.- _(Print) Title: �u.., (Print) Title s(Pn',i) Title: __ (Print) By: .,._ (Silgoaf iw) By:-_ _ (Signature Title: (Print) Title: _(Print) Title._._. __ _n�....�......(Print) Title: (Print) By. -n._ .(Signatrrre) By — _ (Signature Title:_-- .__ .___ ._(Print) Title: °-, _ — .- —(Print) Title: __ __ (Print) Title: - (Print) NOTE: 1) Use:duplicate sheets If disclosure information for Representative varies 2)Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 3 I-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) Ilif 4. t t'At. if i,-- Before me,the undersigned authority,personally appeared 'f'' -r' -le. the Mani, .' ,being first by me dul sworn lid swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct, A -iiAN(T .. SWORN TO AND SUBSCRIBED befcre MO MIS i day Oil If-C: '— . , . . . . I' DAWNS MEDINA 11 Notary Pub, 0 o ,ort,,.- ,afge. 1-,„/i 4,„,, j_ t /, c't- 'd 1 7,-,I r - MY COMMISSION#GG 2123381 ..., • :...: 'il. : i Printed Name of Notary '- v / EXPIRES:August 27,2022 My commission expires:. ••••••ttfZe4,-,Beeded-Thru-Natefy-Publie,Underirtylters STA COUNTY OF MIAMI-DADE) -pl1A 7 1 li. Before me.the undersigned authority,personally appeared-(ta L __ - he Affinit ho being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes slated therein and that it is true and catKecl. X ' *is' 'r AEU IANT! ,,,--- SWORN TO AND SUBSCRIBED before me this i 2: %fay 00 (.; \''''iit?kr I.'' I i ....,,,. DAMARI$MEDINA ' ry Pube State Honda At Lame i -741.'1 -11/.1, 41111/4-- .i * .1.i MY COMMISSION#GG 212338 ‘`!..;;..w...Al EXPIRES:August 27,2022 Pnnted Name of Wotan/c..., -1, -I i-, -i My commission expires1:-) / I i- 4-- 1.................................................................... . .. . . . ___ ..........._„...._,.. .. .. .. ..... S E * 4 COUNTY OF MIAMI-DADE) ti' I--e 1 1 4/4 Before me.the undersigned authcety.personally atipeareti (--Pile7 I t-•-,1 '(--. the Alfierit.who being first by me duly sworn,did swear or affirm that he/she executed Uns Affidavit for the purposes slated therein and that ills true and correct _ Al i---, A SWORN TO AND SUBSCRIBED before me this I 4-' day Ji,-41C-et,),,,i2•24',t2if i'o ------\\ ) , ...d.,...,..,......o.,......u..A,..w.N ---) '—'--- .. .__. 1 ....v;;..• _____, —*Wry Pe_blic sor°V londa At Lowe 1 A Lk MY COMMISSION#GG 212338 v , c7:: EXPIRES:August 27,2022 i' Punted Name of Notary El '1 2 q.iff,fii?" Bonded Thru — Public Underwriters ' My commissten ei -I'xpires'_ ''' , . — . .. . ..,„ , ...., STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared . the Mani,who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before roe this -day of _ _,200 Notary Public State of Florida At Large Printed Name of Notary My commission expires:. , - WITNESS MY HAND THIS__„ 2--.DAY(}F ?P(1 REPRESENTATIVE:(Listed on Business Relationship Affidavit) By: . 'I (Signature) By: _., (Signature Name: il co- f ' Print) Name:______ _(Print) TIlle: d` 4/01 46/.4c(Prim) Titte:-___ _ ._..___ (Print) By: (Signature) By:_,._ (Signature Narne: .(Print) Name: (Print) Title:_ _ .(Print) Title:_. (Prim) By: _ (Signature) By: (Signature Name: _(Print) Name:._., (Print) Title: _— (Print) Title: _ ._.... (Print) By: _ (Signature) By: --...__ (Signature Title: .__ _ (Print) Title: (Print) Title: (Piint) Title: (PrO) By _ (Signature) By:_.__.- - (Signature Title: (Print) Title:___._.. ____ ______ __(Print) Title: __._ (Print) Title:---.� _. __ __(Print) By: (Signature) By: (Signature Title: (Print) Tille:_ .___— ________ (Print) Title: (Print) Title: (Pant) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2)Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 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,the undersigned authority,personally appear ( who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct INT _ SWORN TO AND SUBSCRIBED before me this day of -L9) r.r+ ••• � ROSARIQ R.BERUVtDF$ j _ T\ 21.7 ` my ccSARIssION p GoUV ' —AlEXPIRES:November 21,2023 l ry ublic State r Fldrtd art {TAa Notary public undererkes Printed Name of Notary My commission expires:. _ STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared the Affiant,who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this .day of ,200_ Notary Public Stale of Florida At Large Printed Name of Notary My commission expires:. . STATE OF FLORIDA ) COUNTY OF MIAMI•DADE) Before me,the undersigned authority,personally appeared �. _the Affiant,who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes staled therein and that it is true and correct- AFFIANT SWORN TO AND SUBSCRIBED before me this_ day of u.. �200 Notary Public State of Florida/0 Large Printed Name of Notary My commission expires:,_ STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared _ . the Affiant,who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes staled therein and that it is true and coarct. AFFIANT SWORN TO AND SUBSCRIBED before me this .day of. 200_ Notary Public State of Florida Al Large Printed Name of Notary My commission expires:,, F NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI•DADE) PI Before me,the undersigned authority. appeared,I� r ` h' personally .__ •the Mar ,who being first by me duly sworn,did swear or affirm that helsho executed this Affidavit for the purposes staled therein and that it is true and correct. — T SWORN TO AND SUBSCRIBED before rne this t -day of.ket/144, ,2015 � P , DIANA RAMOS \ .) �;� MY COMMISSION#GO 308355 i *: rr NopotPublic.plat,ef Florida At Largo �`.' EXPIRES:April 10,2023 '' �'0F4° ' Bonded Nu Notary Pubic Underwriters 0 Printed Name of Notary My commission expires:__-_Y/1 01.2- STATE 1 LSTATE OF FLORIDA ) COUNTY OF MIAMI•DADE) • Before me,the undersigned authority,personally appeared the Affiant,who being first by me duly sworn,did swear or affirm that He/she executed this Affidavit for the purposes staled therein and that it is true and correct. AFFIANT — SWORN TO AND SUBSCRIBED before mo this day of. - ,200_. Nolary Public State of Florida At large Printed Maine of Notary My commission expires:_ STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before rne,the undersigned authority,personally appeared the Atfianl,who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated(herein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this._. .day of_ ,200, Notary Public Slate of Florida At Large Printed Name of Notary My commission expiros:__- STATE OF FLORIDA ) COUNTY OF MIAMI•DADE) Before me,the undersigned authority,personally appeared the Affiant,who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct AFFIANT SWORN TO AND SUBSCRIBED before me this _.day of, _ 200 Notary Public State of Florida At Large Printed Name of Notary My commission expires:., WITNESS MY HAND THIS. _.DAY OF __.!rL ,201 REPRE .Nf/ IVE:(Listed on Business Relationship Affidavit) By. r , (Signature)naiuBY _(Signature ame:Jason Biondi (Print) Name:._. __ _(Print) Owner Title:__-- (Print) Title: . (Print)Y_ (Print) By:_ (Signature) By:_ _(Signature Name: --_. _ (Privt) Name: �(PriiN) Title: _ __ (Print) Title (Print) By:. . __-_�_ ___-- .___(S gnnture) By: (Signature Name:__. _(Print) Name:... _(Print) Title: .(Print) Title: .._. (Print) By:— (Signature) By: _ _ (Signature Title: _(Prbrt) Title:._ (Print) •• Title: (Print) Title: (Print) • . By:.. _______ _•(Signature) By: _ (Signature Title: (Print) Title: (Print) Title, (Print) Title: -----.---- _ (Print) By: (Signatrrrc}) By; _._ (Signature Title: (Print) Title:..- -.__ _._. __,. _____.__.-.._._(Print) Title:_,_-.__-_ (Print) Title:_..._ (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2)Applicants and Afflatus are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv)of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. WITNESS MY HAND THIS 2- .DAY OF _ ,20$ REPRESENTA !�/ i -;or'Business Relationship Affidavit) 'By: _ __ (Signature) By: _ (Signature Name: i ' `'t)!AOA (Print) Name: _ - _(Print) ` jam r Titled i -I�, `'4'-'1°4.7(l'71°1. ' (Print) Title: , — (Print) By:, _(Signature) By:_...... ..._. (Signature j Name:__- _(Print) Name:..T_ _ (Print) 1 Title: .(Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Pilar) Title: Rini) Title: _ _ _ (Print) By: (Signature) By: __ (Signature Title: (Print) Title: (Print) Title: (Punt) Title: (Print) By: —(Signature) By: (Signature : Title: (Print) Title:___�__ _____(Print) Title: �,_.__ (Print) Title: _ _.._.._(Print) By: (Signature) By: (Signature 1 Title: _ (Print) Title:_ _ _-.---____.u .(Print) Title: (Print) Title:__._.� (Pant) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2)Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-7I(b)(2)(iv)of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission,the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared` t4 j Af t,wh I I-in. sl b me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. `— FFfANT __.-----___-- _ • ,..,',2'''.. ROSARIO R.BERWIDE3 SWORN TO AND SUBSCRIBED before me this I> day of,,!e(r_ ' 20 t< a • MY COMMISSION G{3 926536 , I•IRES:November 21,2023 • _ Bondrd lMr t'' ry Pubic Ulfcle�lWMm �' •; Public •ateof lorlda� .,T•GI " `:.' A. 'rimed Name of Notary My commission expires,_ ._ .._ STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me.the undersigned authority,personally appeared _,... �., _..the Affiant,who being first by me duty sworn,did swear or affirm that he/she executed this Affidavit for the purposes staled therein and that it is we and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of. _ _-_. ,200, Notary Public State of Florida At Large Rioted Name of Notary My commission expires:_.___ STATE OF FLORIDA ) COUNTY OF MIAM!-DADS) Before me,the undersigned authority,personally appeared __ —the Mani,who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes staled therein and that it is true end correct. AFFIANT SWORN TO AND SUBSCRIBED before me this __day of_ Notary Public State of Florida Al Large Printed Name of Notary My commission expires: ..__ STATE OF FLORIDA ) COUNTY OF MIAMI-RADE) Before me,the undersigned authority,personally appeared ___ the Affiant.who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct AFFiANT i SWORN TO AND SUBSCRIBED before me this day of 20D_ _ _ I Notary Public State of Florida At Large Printed Name of Notary j My commission expires: / ' ) THISVNTNES8MYHAND / -1 DAY OF r�/7-e(- .___ � REPRESENT*, BouhmmR��000hipA�da�0 ` .~� --T- -- `�' J /,^8y:-' ~� ~__ (Signature) By: (Signature Name: M ' �i^i/ /u1//r«''' (Print) Neme:_ _ _ _ - —(pfito � Title;Title;o� ' '/\ ^ro4 „ir /Dmo TNm �v�� ~ Bk /' -�mmm� 8y� (Signature Numa:l/�11 " `^ /Rw� Name: �hhV ` Title: //` (P»nt) Title: _ (Print) By:. __ _ ___ _(StVmome) By: J(Signmxire Name: _(Phht) Name: _ (Print) Title: (Print) Title: (Phiit) By: By: __ ___ _____ (Signature ��� __.(Print) Title: (Print) Title: (PM) Title: (Punt) By: _ �_(Signature) By: __ (Signature Ti(le:___ ____ ____0onMt) Title: __(NM) TiUe_____ (Print) Title: _ By: 8y: (Signature) By _ _____(Sxmaxxe TNo: ______ �hnV Title:, _______ __MhiV TNo� ___ �hoV Title:. _______-__ (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Alfiants are advised to timely supplement this Affidavit pursuant to See. ]1'7/(6)(2)(iv) o[ 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) } P Before me,the undersigned authority,personally appeared ti! �i 0e C``/ e Affiant,who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. )(17-- Z135„ -„,..„.... , - AFFIANT SWORN TOAND.7i •I b.-o- e , , y. 201 �J'r'4ti Notary Public State of Florida _. Cristina Diana Gonzalez ct o ,.iic My Commissron Expires GG03123/2022 176710 Notary Public State of Florida At Large Printed Name of Notary ., ,i -. • My commission expires:_ STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) - Before me.the undersigned authority,personally appeared,,)<c> P' `r'y`a_ the A',•r r ho hein. ';pom•,, ly sworn d swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AF CANT SWORN TO AND SUBSCRIBED before me this ' }'',day of> . + ;x.i.„201)_' oil 0% Notary Public State of Florida _ _ Notaryof Florida AlLarge Cristina Diana Gonzalez Public State `, i My Commission GG 176710 tidr Expires 03/23/2022 Printed Name of Notary My commission expires: ' ;-,...... STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared the Affiant,who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes slated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before ice this . _.day of _.._ ,200_. Notary Public State of Ronda At Large Printed Name of Notary My commission expires:_ STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared the Affianl,who being first by me duly sworn,did swear or affirm lila!he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of _ _.200_. Notary Public State of Florida At Large Printed Name of Notary My commission expires:. ........ .... WITNESS MY HAND THIS 13 _ DAY OF Pee.�4Y4 ,200 1/ REPRES NTATIVE:(Listed on Business Relationship Affidavit) t By: . _ . _ atufe) By: (Signature Narnellt%Melte(14/1/ (Print) Name: _(Print) Vrfd pre - Title: 5� (P- tir r) Title: (Print) Liimottcdtee5; iprzi4( c,t- By: (Signature) By .__..._.... -. (Signature Name: _- _(Print) Name: _(Print) Title:_-_ (Print) Title: (Print) By: .__________ -_(Signature) By: (Signature Name:_ ... _., _(Print) Name: (Pik) Title: _ (Print) Title: -- (Print) By �_. ____ _(Signature) By: _ .. _-- ---- (Signature Title._ _(Print) Title: (Print) Title: (Print) Title: (Print) ' By: _ e__ _(Sigr>ahire) By (Signature Title: _� (Print) Title: (Print) Title._- (Print) Title: (Pant) By: _ ___ (Signature) By: (Signature Tiller _._._.. (Print) Title: - _(Print) Title:_ (Print) Title: _ (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2)Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 3l-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,the undersigned authority,person ly appear . i{ f aMfil -the Affiant,who being first b me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes slated therein and th and COI ed. Xt:fAzudetit vi:0Q........„ AFT!. T SWORN TO AND SUBSCRIBED before me this/_ day•��7( " rel ,.0.•.44 Igo, tti r DK !//1/1 ` ` S Cp ION#00307471 �► % 'k.,.vE EXPIRES:June 29 2023 '''4311;1.1/4‘;,0 Bonded lbw Notary Public Undereiters ' Printed Name a Notary ; 0 Z My commission expires /` STATE OF FLORIDA ) COUNTY OF MIAMI•DADE) Before me.the undersigned authority,personally appeared the Affiant,who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes staled therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of.__ .200 Notary Public Stale of Florida At Large Pnnted Name of Notary My commission expires:_.. _ _ _ STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared the Affiant,who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct AFFIANT SWORN TO AND SUBSCRIBED before me this _day of, _ ,200_ Notary Public State of Florida At Large Printed Name of Notary My commission expires:__ ,. _ ., STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared- the Affiant,who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct AFFIANT SWORN TO AND SUBSCRIBED before me this _ _day of, __ _ -,200_ Notary Public Slate of Florida Al Large Printed Name of Notary My commission'expires:. ` VNTNE38MYHANDTh5 ' � DAY OF / ' ' /� -' i 2U0 . _. ' _^~ ' ' / REPRESENTAT|VE.(Lsedom8mxineaoReatomoh'pAKdav ) -- -- --��0 By _ ___��xe , ,i1 . / ' ' _, Name' � �� �a ^� _ -run) Nome' _ _ _(Ppm) Title Le /��l v,. _(P+o0 Tke _— _ (1)1 1110 By. /crom»xo) 8y' /S^g,m^m" Name _— ___-__� (Pio) Nome /PimV /lIe ___ ____ iiirlY) Tille __ _ _ _ _,IP/11/0 By _—_ __ -___ .�«�aom� By� _____(Sx�moxe Name _Woo Name' /Pyx/ riUe: _ (Ptxt.) Title. __ __ �hvY By -- ___/Iigumi(g By __ /Siovoxur |'|le,_ _ (P/i»0 Title, (Pio)_ ___ �m� The W*t) T/No. _ __ _�,mo By* (\irixm'me) By _—_ (Sgvooxo Tile _____VfwW Title _ _ _ (PYxj Title. (fnin) Title _ u nit/ By: _ __ -.......(Sinsome,) 8y: ____________ �^r�«^e Title. if',0,2i) 0Ce (Paw) Title._ „ ______0'IMO Title: _iPti»V NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and At-lianas ale advised mmo,ly supplement this Affidavit pursuant m Sec 3/'7Wm2/00 of the City's Land Development R*g/laoore in the City Code, in the event that prior to consideration kit' U`c application by the City Bono or Conmim*n, the mrommtivo provided in the Affidavit ocmmnu i"uv��1 or incomplete. NOTARIZATION PROMION STA'F.CF FLORIDA ) COUNTY Of MIAMI-DADE) Be!ore me,the unctersigned atithcety personaliy appeared j /), tn.Alt ml whi;being hist 're duly s.wory,did Swett ur aftrin;hat'ieishe executed his Affidavit tor Ifie purposes stated herein and that it is!sue and CC f rect. XFFIANT, SV/ RN TO AND SUBSCRIBED before ire this day or 20,1k, „ . iJ$'°Et_ Notary Public State of Florida Notary Publt State of Hoc as At Largo 1 Renee Baccari My commission GO 232191 Printed Name of 0,..er Expires 09/0712022 M.:4-1-y My commissim ers . ............. .......... STATE OF rLQRIDA ) COUNTY Of-MIAMI,DADE Before roe the unewsigned&Monty,personally appeared era Affan!,vx)tong first by me city sworn no swear or affirn1 thaf,heisno executed this Affidavit for tne purposesslated therein and that it is true and corral, AF'IANT SWORN TO AND SUBSCR;BFD belcre ire this day of Notary Publ c State of Florida Al Large Panted Name of Notary my corrinhssicn ex;31r05 . .. .„,„_......... „ „ . . STATO Cr-f-',ORIDA ) COUNTY 01 MIAMI DADF) Before me,the Lndersigned authwity personally appeared Ue Aftanit,who being fist by me ny sworn.did swear or affirm that heisne executed this Affidavit tor the purposes slated therein and that 45 true and correct At-0-IAN SWORN TO AND SiitiSCRIBED before ate this day 200_ Notary Public State of f‘tcrida At Large Printed Nain.of Notary My cornmssico exves., ............ .......... ....... _ STATE-Of FLORIDA ) COUNTY OF MIAMI,DADE) Relate me,the undersigned autnority.persdoey apbeated_ wIsio teing firs:by rile duly sworn,did swear or aft,rn war nershe executed his Affioavit for the purposes stated therein and that it iS itbC and correci. AFFIANT SWORN TO AND SUBSCRIBED befele me;his Jay al Notary Public Stale of Florida At Large PrinteJ Name at Notary expires WITNESS MY HAND THIS _..._ _.DAY OF--------.-- - _, 200_.. REPRESENTATIVE:(Listed on Business Relationship Affidavit) 7' 6_1_,; XBy:-- i .,._ nnature) By. (Signature Name:WI t Ct viA g a(i` -. 1 Name: __._.___ ._(Prot) Title:-_ f pA( _.._(Print) Title: (Print) By: (Signature) 8y:._. . - _ (Signature Name: __ . __. _ (Print) Name: (Pont) Title: _________ .(Print) Title: _ _ _(Print) By: . ____.. _ ._ _(Signature) By: (Signature Name: _(Print) Name: _(Paint) Title: (Print) Title: . ._(Print) By: ___.._ _._(Signature) By:____. _____. _._ (Signature Title:__,. _T__ _ .--- _(Print) Title:,_ __. (Print) Title: (Pia) Title: — (Print) By. (Signaitre) By: ._._ __— _(Signature Title: _ __ —___(Print) Title: . (Print) Title (Print) Title: (Print) ___ _. -- By: _(Signature) By:_ __ (Signature Title: —. _- — (Print) Title: _... _... —(Pant) 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. 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) 1Cat tiltcf. a.r ..— Before me,the undersigned authority,personally appeared. _ the Affiant,who being fast by no duly sworn,slid swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. x AFFIANT •��• • ► ►• : • ' yof �r°`-pl'li r,204'j I $,p%1 Notary Public State of Florida 1 ' Elizabeth Tamayo A Cw 1� My Commission GG 381198 Notary Public State of Florida At Large Expires07/31/2023 Ir ' Printed Name of Notary My commission expires:_. i. `, <� STATE OF FLORIDA ) COUNTY 01 MIAMI-DADE) Before me.the undersigned authority,personally appeared the Affian(who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of_ _,200_ Notary Public State of Florida At Large Pnnted Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared the Alfian(who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this _day of ,200_. Notary Public State of Florida At Large Printed Name of Notary My comrnissim expires:_. . STATE OF FLORIDA ) COUNTY OF MIAMI-DAf)E) Before me,the undersigned authority,personalty appeared_ _ _ -- the Affiant,who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes staled therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this .day of _ .,200_. Notary Public State of Florida At Large Printed Name of Notary My commission expires:. RESOLUTION NO. 2020- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-144(F)(2)K. AND L. OF THE CITY CODE TO PERMIT A LOT COVERAGE OF 49.55%, WHERE THE CITY CODE PERMITS A MAXIMUM LOT COVERAGE OF 40% AND TO PERMIT A FLOOR AREA RATIO OF 1.99, WHERE THE CITY CODE PERMITS A MAXIMUM FLOOR AREA RATIO OF 1.39; GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-144(F)(2)C. FOR AN INCREASED HEIGHT OF 128 FEET, 8 INCHES, WHERE THE CITY CODE PERMITS A MAXIMUM HEIGHT OF 120 FEET; GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31- 144(F)(2)D. FOR RETAIL USES AS PART OF A NON-RESIDENTIAL DEVELOPMENT, TOTALING 9.38% OF THE BUILDING FLOOR AREA, WHERE THE CITY CODE PERMITS RETAIL USES NOT IN EXCESS OF 15% OF THE TOTAL BUILDING AREA; VACATING THAT PORTION OF NE 213 STREET RUNNING EASTERLY FROM NE 28 COURT TO ITS TERMINATION, NE 28 COURT BETWEEN NE 213 STREET AND NE 214 STREET, A PORTION OF NE 29 COURT AND NE 214 STREET AND A PORTION OF LAND RESERVED FOR FUTURE ROADWAY; RESERVING TO THE CITY ALL NECESSARY UTILITY EASEMENTS, ALL FOR THE DEVELOPMENT OF A RETAIL/OFFICE/ASSISTED LIVING FACILITY LOCATED AT 21290 BISCAYNE BOULEVARD IN THE CITY; PROVIDING FOR RECORDATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 31, "Land Development Regulations," Article VII, Use Regulation, Section 31-144 "Business Zoning Districts," of the City Code of Ordinances, the applicant, Medical District Developments, LLC, has applied to the City of Aventura (the "City") for Conditional Use Approvals (Application No. CU 1911-000) related to the development of a retail/office/assisted living facility (the "development") located at 21290 Biscayne Boulevard in the Community Business (B2) District and Medical Office (MO) District, as legally described in Exhibit "A" (the "Property"); and WHEREAS, pursuant to Chapter 14, "Buildings and Buildings Regulations" Article VI, "Green Building Program," the applicant has voluntary elected to construct the facility as a LEED® Gold development, which provides for certain incentives; and WHEREAS, pursuant to Section 31-144(f)(2)k., the applicant has requested Conditional Use Approval for a LEED® Gold development to permit a lot coverage of 49.55%, where the City Code requires a maximum 40% lot coverage; and City of Aventura Resolution No. 2020- WHEREAS, pursuant to City Code Section 31-1449(f)(2)I., the applicant has requested Conditional Use Approval for a LEED® Gold development to permit a floor area ratio of 1.99, where the City Code permits a maximum floor area of 1.39; and WHEREAS, pursuant to City Code Section 31-144(f)(2)c., the applicant has requested Conditional Use Approval to permit the assisted living facility to be built at a height of 128 feet, 8 inches, where the City Code permits a maximum height of 120 feet; and WHEREAS, pursuant to City Code Section 31-144(f)(2)d., the applicant has requested Conditional Use Approval to permit retail uses as part of a non-residential development, totaling 9.38% of the building floor area, where the City Code permits retail uses not in excess of 15% of the total building area; and WHEREAS, the applicant has applied to the City to vacate portions of NE 213 Street, NE 214 Street, NE 28 Court, NE 29 Court and land reserved for public road purpose, as legally described in Exhibits "B," "C," "D," and "E" (collectively, the Rights-of- Ways") (Application No. ABRW1911-000); and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein, the rights-of-way in question are no longer needed by the City or the public, and it is in the best interest of the City to grant the requests for Conditional Use Approval and Rights-of- Way Vacations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2. The application for Conditional Use to permit a lot coverage of 49.55%, where a maximum 40% lot coverage is permitted by Code, is hereby granted, Page 2 of 14 City of Aventura Resolution No. 2020- subject to the conditions set out in this Resolution, on property legally described in Exhibit "A" and known as municipal number 21290 Biscayne Boulevard, City of Aventura. Section 3. The application for Conditional Use to permit a floor area ratio of 1.99, where the City Code permits a maximum floor area ratio of 1.39, is hereby granted, subject to the conditions set out in this Resolution, on property legally described in Exhibit "A" and known as municipal number 21290 Biscayne Boulevard, City of Aventura. Section 4. The application for Conditional Use to permit a building height of 128 feet, 8 inches, where a maximum height of 120 feet is permitted by Code, is hereby granted, subject to the conditions set out in this Resolution, on property legally described in Exhibit "A" and known as municipal number 21290 Biscayne Boulevard, City of Aventura. Section 5. The application for Conditional Use to permit retail uses as part of a non-residential development, totaling 9.38% of the building floor area, where the City Code permits retail uses not in excess of 15% of the total building area is hereby granted, subject to the conditions set out in this Resolution and known as municipal number 21290 Biscayne Boulevard, City of Aventura. Section 6. The application for vacation of the portion of NE 213 Street between NE 28 Court and its easterly termination, a portion of NE 29 Court and NE 214 Street, a portion of NE 28 Court between NE 213 Street and NE 214 Street, and a portion of land reserved for public road purposes, legally described in Exhibits "B", "C", "D" and "E" respectively is hereby granted, subject to the conditions set out in this Resolution and reservation of utility easement set out in Exhibit "F." Section 7. Approval of the application above is subject to the following conditions: 1. Plans submitted for building permit shall substantially comply with those submitted as follows: • "1212 Aventura", Cover and Index, Sheet A0-00, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Project Data, Sheet A0-01, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Site Context, Sheet A0-02, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. Page 3 of 14 City of Aventura Resolution No. 2020- • "1212 Aventura", Site Photos, Sheet A0-04, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Floor Area Tabulation, Sheet A0-05, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Floor Area Tabulation, Sheet A0-06, prepared by Arquitectonica, dated September 09, 2019, revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Site Photometrics, Sheet A0-07, prepared by Arquitectonica, dated September 09, 2019, revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Shadow Studies, Sheet A0-08, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Overall Site Plan, Sheet A1.01, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Level 01, Sheet A1.02, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Level 02, Sheet A1.03, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Level 03, Sheet A1.04, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Level 04, Sheet A1.05, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Level 05, Sheet A1.06, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Level 06, Sheet A1.07, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Level 07, 08, 09 & PH, Sheet A1.08, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Roof Top, Sheet A1.09, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Elevations, Sheet A2.01, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Elevations, Sheet A2.02, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Section, Sheet A3-01, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Section, Sheet A3-02, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Parking Details, Sheet A5-01, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Renderings, Sheet A9.01, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Renderings, Sheet A9-02, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Renderings, Sheet A9-03, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Renderings, Sheet A9-04, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. Page 4 of 14 City of Aventura Resolution No. 2020-_ • "1212 Aventura", Renderings, Sheet A9-05, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Renderings, Sheet A9-06, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Paving and Drainage and Water and Sewer Plans, Sheets C-1 to C-14 inclusive, prepared by Fortin Leavy Skiles Inc, dated 09/09/19, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Landscaping Plans, Sheets L0-000 to L5-220 inclusive, prepared by ArquitectonicaGEO, dated 09/09/19, last revised 12/09/19, signed and sealed 12/09/19. 2. Building permits shall be obtained within 12 months of the date of this Resolution, failing which this approval shall be deemed null and void. The City Commission may, by resolution or motion at a regular meeting, grant one extension of up to six months for good cause shown by the applicant and upon written request for such extension by the applicant within the initial 12 month approval period. 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. 4. Prior to issuance of a building permit by the City for the proposed development, the applicant shall: (i) enter into and record in the Public Records of Miami-Dade County, at its expense, and in form satisfactory to the City Manager and City Attorney, the Agreement and Covenant in fulfillment of all requirements of the City's Green Building Program; and (ii) provide to the City a performance bond or other security approved by the City Manager and City Attorney in the amount of 5% of building construction costs as approved by the City's Building Official to guarantee attainment of LEED® Gold certification by the US Green Building Council; and (iii) record a Unity of Title or Restrictive Covenant in lieu of unity of title for the 6 parcels comprising this development, plus the portion of NE 28 Court to be abandoned and the Ivory parcel to the west; and (iv) submit and receive approval from the City Manager of a detailed job-site plan as required by City of Aventura Ordinance No. 2006-05; and (v) dedicate to the City, in form approved by the City Manager and City Attorney, the 16,014 square foot, more or less, portion of land along its northern site limit for road extension purposes; and (vi) record this Resolution, at its expense, in the Public Records of Miami- Dade County, Florida and provide a recorded copy to the City Clerk. 5. Prior to issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy, the applicant shall: Page 5 of 14 City of Aventura Resolution No. 2020- (i) provide an as-built survey and Elevation Certificate in form approved by the City; and (ii) provide to the City, evidence of compliance with City Code Section 31-242 regarding amplification systems public safety radio system protection; and (iii) complete, at its own expense, construction of the extension of NE 214 Street from NE 28 Court to Biscayne Boulevard, along with all required improvements on Biscayne Boulevard, as shown on the plans entitled "NE 214 Street Off-Site Roadway Improvements" as approved by the City, Miami-Dade County and Florida Department of Transportation; and (iv) complete, at its own expense, construction of the road and sidewalk improvements on the east side of NE 28 Avenue and on the south side of NE 213 Street, as shown on the plans entitled "NE 28 Avenue and NE 213 Street Roadway Improvements" as approved by the City; and (v) 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 over the vacated right of way of NE 213 Street for purpose of construction, maintenance, repair and operation of drainage pipe and facilities within the easement; and (vi) 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 28 Court, once vacated, will continue to be used for private road purposes and will be improved, operated and maintained by the applicant for that purpose in perpetuity; and (vii) 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 NE 28 Court easement property for public vehicular and pedestrian access and for construction, maintenance, repair and operation of public utilities; and (viii) grant a general utility easement for all utilities within the vacated rights of way, in form satisfactory to the City Manager and City Attorney, including but not limited to 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; and (ix) provide to the City, in form satisfactory to the City Manager and City Attorney, a shared parking agreement pursuant to Section 31-171(a)(2) of the City Code; and Page 6 of 14 City of Aventura Resolution No. 2020- (x) obtain its Certificate of Occupancy or Temporary Certificate of Occupancy for the Ivory retail/office/hotel development to the west, to ensure that the parking to be shared with this development is available for use. Section 8. The City Manager is authorized to issue permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 9. 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 10. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Marc Narotsky Mayor Enid Weisman Page 7of14 City of Aventura Resolution No. 2020- PASSED AND ADOPTED this 7th day of January, 2020. 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 , 2020. CITY CLERK Page 8 of 14 City of Aventura Resolution No. 2020- Exhibit "A" Legal Description of Property 21290 Biscayne Boulevard, City of Aventura Page 9 of 14 PARCEL 1: A portion of Lot 1,Block 3,Section 34,Township 51 South,Range 42 East,Town of Hallandale,according to the Plat thereof,as recorded in Plat Book"B", Page 13, of the Public Records of Miami-Dade County, Florida, and together with a portion of NE 29th Avenue as reserved on the Plat of Hallandale Park,by Deed Book 1837,Page 517, vacated per Resolution No. R-788-67 and as amended by Resolution R-964-67, as shown as reserved area on Hallandale Park,according to the plat thereof,as recorded in Plat Book 12,Page 37,of the Public Records of Miami-Dade County,Florida,described as follows: Beginning at the intersection of the South boundary of said Lot 1, with the West right of way of Biscayne Boulevard. Thence South 89°50'44" West, along the South boundary of said Lot 1 and the South line of said Hallandale Park, a distance of 157.79 feet to the East line extended South of Block 40 of said Hallandale Park; thence North 00°06'28"West,along the said East line extended,a distance of 32.08 feet;thence North 89°54'01" East, a distance of 32.86 feet;thence North 00°42'52" West, a distance of 103.26 feet; thence South 78°08'30" East, a distance of 32.62 feet; thence South 69°00'10" East, a distance of 104.55 feet; thence South 23°20'50" East, a distance of 44.60 feet to the West right of way of Biscayne Boulevard, said point being on the arc of a curve concave Northwesterly, whose radius point bears North 67°38'12" West from the last described point; thence Southwesterly,along said right of way and the arc of said curve,having a radius of 3784.83 feet,a central angle of 00°49'06",for an arc distance of 54.06 feet to the Point of Beginning. Said lands situate in the City of Aventura,Miami-Dade County,Florida. PARCEL 2: Lots 2, 3, 4, 5, Block 39 of HALLANDALE PARK, according to the Plat thereof, as recorded in Plat Book 12, Page 37,of the Public Records of Miami-Dade County,Florida. PARCEL 3: Lot 9 of Block 39 and Lot 1 of Block 40 of HALLANDALE PARK,according to the Plat thereof as recorded in Plat Book 12 at Page 37,of the Public Records of Miami-Dade County,Florida. PARCEL 4: Lots 6, 7 and 8, Block 39 of HALLANDALE PARK,according to the Plat thereof,as recorded in Plat Book 12, Page 37,of the Public Records of Miami-Dade County,Florida. PARCEL 5: Lot 1,Block 39 of HALLANDALE PARK,according to the Plat thereof,as recorded in Plat Book 12,Page 37,of the Public Records of Miami-Dade County,Florida. PARCEL 6: Property A LOT 10 OF BLOCK 39,AND LOTS 2, 3,4, 5, 6, 7, 8, 9, AND 10 IN BLOCK 40 OF HALLANDALE PARK ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12 AT PAGE 37 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,FLORIDA. AND Property B A PORTION OF THE RESERVED AREA OF THE PLAT OF "HALLANDALE PARK" LYING EASTERLY OF AND CONTIGUOUS WITH LOT 10, BLOCK 40 ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 12, PAGE 37, OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA, SAID PORTION ALSO BEING A PART OF THE RESERVED AREA ABANDONED BY THE CITY OF AVENTURA AS DESCRIBED IN RESOLUTION NO. 2007-32, RECORDED IN OFFICIAL RECORDS BOOK 25832, PAGE 1850, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ALL OF THE ABOVE PORTIONS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 10;THENCE ON AN ASSUMED BEARING OF NORTH 00°06'20" WEST,ALONG THE EAST LINE OF SAID LOT,A DISTANCE OF 110.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 10; THENCE SOUTH 78°08'30" EAST,ALONG THE NORTH LINE OF THE SAID RESERVED AREA ABANDONMENT, A DISTANCE OF 32.54 FEET; THENCE SOUTH 00°40'40" EAST, A DISTANCE OF 103.26 FEET; THENCE SOUTH 89°53'23" WEST ALONG A PROLONGATION OF THE SOUTH LINE OF SAID LOT 10,A DISTANCE OF 32.86 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF AVENTURA,MIAMI-DADE COUNTY,FLORIDA. City of Aventura Resolution No. 2020- Exhibit "B" Legal Description of Property Vacated Portion of NE 213 Street between NE 28 Court and easterly termination of street Page 10 of 14 LEGAL DESCRIPTION: A portion of N.E. 213th Street, formerly Delaware Avenue and a portion of a Reserved Strip, per HALLANDALE PARK, according to the plat thereof as recorded in Plat Book 12, Page 37, of the Public Records of Miami—Dade County, Florida, and that said Reserved strip conveyed to Miami—Dade County recorded in Deed Book 3425, at Page 128, being more particularly described as follows: Begin at the Southeast corner of Block 40 of said HALLANDALE PARK; thence S 89°54'37" W along the North right of way line of said N.E. 213th Street, also being the South line of said Block 40 and 39 of said plat of HALLANDALE PAR for 294.35 feet to a point on a circular curve concave to the Northwest and whose radius point bears N 70°37'06" W; thence Southwesterly along a 75.00 foot radius curve leading to the right through a central angle of 30°17'07" for an arc distance of 39.64 feet to a non—tangent point; thence N 89°49'42" E along the South line of said Reserved Strip for 316.68 feet; thence N 00°13'10" W along the Southerly extension of the East line of said Block 40 for 31.79 feet to the Point of Beginning. Containing 9,712 square feet, or 0.223 acres, more or less. SURVEYOR'S NOTES: — This site lies in Section 34, Township 51 South, Range 42 East, City of Aventura, Miami—Dade County, Florida. — Bearings hereon are referred to an assumed value of S 89°54'37" W for the North right of way line of N.E. 213th Street. — Lands shown hereon were not abstracted for easements and/or rights—of—way of records. — This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. — Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2018-190. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on July 23, 2019, and meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid wit t the signature and the original raised seal of a F.rida Licensed Surveyor and Mapper" Fe "TIN, LEAV , SKILES, INC ..•ti's= 3— By: Daniel C. Fortin, Jr., For The Firm Surveyor and Mapper, LS6435 State of Florida. Drawn By MAP LEGAL DESCR/PT/ON, NOTES& CERT/FICATION Date 7/23/19 Cad. No. 181505 Scale NOT TO SCALE Ref. Dwg. F ORTIN, LEAVY, S KILES, INC. Job. No. 190699 2 018-19 0 CONSULTING ENGINEERS, SURVEYORS &MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg. No. 1019-035-B 180 Northeast 168th. Street/North Miami Beach,Florida. 33162 Plotted: 7/23/19 3:17p J Phone:305-653-4493/Fax 305-651-7152/Email fls@flssurvey.com Sheet 1 of 3 • CENTERLINE OF N.E. 214TH STREET N.E. 214TH STREET I — 0 (MILLSBORO AVENUE-PLAT BOOK 12 PAGE 37) w o I o 7 _ (PUBLIC RITGHT OF WAY) _i I _ 7 _ 7 _ _ 1 IF-N 15' ww I IgW I D CD HALLANDALE PARK N r PLAT BOOK 12 PAGE 37 QN 0 w LL I I p I 0 = ILOw >m" g 1 LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 I a a. 1 HI N 1w0 Iz m I —_ Z a BL C K 3� o3L • C� `� 0 W 8 I Z I r co o rn, OC OO (n OI T Q w U O w , w ID Z o f � F- O C'Cl Z ^c0a' < Ncc °N =`-CIC >M r 100 0 w EFj w owQ�^� U Z ip ,�U C2-.5- .... ---in- Z '- LOT 6 LOT 7 LOT 8 LOT 9 LOT 10 LOT 6 LOT 7 LOT 8 LOT 9 LOT 10 ---0_,z,"-"‹ o N Q QZ Q� 11-00Q,, o COw� O 000J QZZN W Z Y w'—Np°0QY >01--� N J o ,o,�HQo z_,_,,, 0_,_,,, 1 Omd>- w Ep zJ a� c z oa o w p = W SOUTH LINE OF ?o_w z i-T Z BLOCKS 39 & 40 �,� m z U S89°54'37"W 294.35' 0_ -,m 0 0 NQ cns w ::Np. ....Z•••:••: ::. .: :..: .:......: ___ •• . •:•:•... .....:.•.•.•.•.•: 1...........•.::::.in- ENTERLE::OF::::::::::: (x`3 .f . .......... . :E: :::21T- :.-STREET . -:. N.CET3TH.S: RE : . PkAT:800Yt:12:PAGB: . : ::: :: {m.k.l F IQHT::bF::WAY-L4o .s.:_..::::: ::: ::"::: .:::. ..........::::....:::......u�..._..........._.........._. ................. ............. ..................................... OF:ai;E; 213TH STREET.: :: I;JBLIG RIQHT L3F 3t1/A .::::::::::: :::::::::::::::::::::::::::'�::::::::::: :::::: :: : :::::::::: :::: MAP OF TOWN OF HALLANDALE ����� PLAT BOOK B PAGE 13 /L0T3 LOT 4 =30°1T07" SOUTH LINE OF \N89O '42E —RESERVED STRIP N00°13'10"W AL3912 PAGE 37 .64' RESERVED STRIP 316.68' CONVEYED TO MPLAT IAMI-DADE COUNTY 31.79' GRAPHIC SCALE 100 DEED BOOK 3425 PAGE 128 POINT OF0 25 50 II�I';NII I'� Rill BEGINNING BEGINNING 01 o III MIIIIMMEMIIIIMIIIIM S.E. CORNER OF BLOCK 401 11 III TR 011 ( IN FEET ) 1 inch = 50 ft. 4i0*:---- Drawn By MAP SKETCH OF DESCRIPTION Date 7/23/19 Cad. No. 181505 Scale 1"=50' Ref. Dwg. FORTIN, LEAVY, S KILES, INC. Job. No. 190699 2 018-19 0 CONSULTING ENGINEERS, SURVEYORS &MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg. No. 1 019-035—B 180 Northeast 168th. Street/North Miami Beach,Florida. 33162 `Plotted: 7/23/19 3:1 7p •/ phone:305-653-4493/Fax 305-651-7152/Email fls@flssurvey.com Sheet 2 of 3 J _ _ _ _ _ BROWARD COUNTY TI 1T ITM wig-FADE counTYWiITI ITI I TT TiII-TI - I I I I I I I I I I I I I I I I I I I I I I I I I I I Q II ___= -- 1 1 1 1 1 1 1 II I I 1111111 I I II I I I 1111 11 I I N.E. 214TH TERRACE O _ I III I I I I I I I I I I I I I III I I III I I ., __ IIIIIIIII _—_ IIII II IIII IIIIIII III 1111111 I IIIIIIIII I- I I I I I I I I I I I I I I I I I I I II I I IZ IIIIIIIII U - 1 I I I I 1 1 1 1 1 1 1 1 1 1 1 1 I I 1 1 1 1 1 I I I 111111111 = -- N.E. 214TH STREET I- __ 1 1 1 I I I I I I I I 1 1 T I I I I I I I I I I I I I 111111111 N r' ___ I I I I I I I I I I I I I I I I I I I I I I I I I I l 111111111 Iii O --- I IIIIIIIII z . >. 5 ,_ ___ I I I I I I III 111 1 II II III I I II II I II I I II II _- a a � 1III11IIIIIIIIIIIIII 111111 II A . 3 N.E. 213TH TREET 13 07- --- 0 16 0c — I < I =. W0 W X I X — J o � o O ------ ----- D N ) \ . ----- ----- > r // ----- ---- — 1 / ----- -----H —1 1 ./-_ / C--- \----N I I -..../ r N.E. 211THSTREET +II � � uj-- — I- 7 —1-- f- � - -�Z I �(' � iii,,,iiiih N Drawn By MAP LOCA TION SKETCH Date 7/23/19 Cad. No. 181505 Scale NOT TO SCALE , Ref. Dwg. F ORTIN, LEAVY, S KILES, INC. Job. No. 190699 2018-190 CONSULTING ENGINEERS, SURVEYORS &MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg. No. 1019-035—B 180 Northeast 168th. Street/North Miami Beach,Florida. 33162 ' Plotted: 8/2/19 8:50aJ Phone:305-653-4493/Fax 305-651-7152/Email fls@IIssurvey.com Sheet 3 of 3 City of Aventura Resolution No. 2020- Exhibit "C" Legal Description of Property Vacated Portion of NE 29 Court and NE 214 Street Page 11 of 14 LEGAL DESCRIPTION: A portion of N.E. 29th Court, also known as a Reserved Area, as shown on the Plat of HALLANDALE PARK, according to the Plat thereof, as recorded in Plat Book 12 at Page 37, of the Public Records of Miami—Dade County, Florida and a portion of N.E. 214th Street, formerly Millsboro Avenue, all being more particularly described as follows: Commence at the Northeast corner of Lot 5, Block 40, of said plat of HALLANDALE PARK; thence S 89°54'01" W along the North line of said Block 40, also being the South right of way line of N.E. 214th Street for 43.79 feet; thence N 00'46'55" W for 20.00 feet to the Point of Beginning; thence N 89°54'01" E along the centerline of said N.E. 214th Street for 74.49 feet; thence S 00°46'55" E along the centerline of said N.E. 29th Court for 22.52 feet to a point on a circular curve concave to the Southwest and whose radius point bears S 18°32'20" W; thence Northwesterly along a 1192.00 foot radius curve leading to the left through a central angle of 3e45'13" for an arc distance of 78.09 feet to the Point of Beginning. Containing 805 square feet, or 0.018 acres, more or less. SURVEYOR'S NOTES: — This site lies in Section 34, Township 51 South, Range 42 East, City of Aventura, Miami—Dade County, Florida. — Bearings hereon are referred to an assumed value of S 89°54'37" W for the North right of way line of N.E. 213th Street. — Lands shown hereon were not abstracted for easements and/or rights—of—way of records. — This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. — Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2018-190. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on July 23, 2019, and meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid withou e signature and the original raised seal of a Fl. ..a Licensed Su eyor and Mapper" FO,TIN, LEAV , SKILES, INC.....„•t c • B . Daniel C. Fortin, Jr., For The Firm Surveyor and Mapper, LS6435 State of Florida. Drawn By MAP LEGAL DESCR/PT/ON, NOTES & CERT/FICATION� Date 7/23/19 Cad. No. 181505 Scale NOT TO SCALE Ref. Dwg. FORTIN, LEAVY, S KILES, INC. Job. No. 190699 2 018—19 0 CONSULTING ENGINEERS, SURVEYORS &MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg. No. 1019-035—E 180 Northeast 168th. Street/North Miami Beach,Florida. 33162 Plotted: 7/23/19 3:17p J Phone:305-653-4493/Fax 305-651-7152/Email fls@flasurvey.com Sheet 1 of 3 t LOT 6 I LOT 7 I LOT 8 LOT 9 LOT 10 LOT 6 L � 03_Oo C� 3� 103�L OCK 32 CENTERLINE OF SOUTH RIGHT OF WAY LINE POINT OF 22.52' N.E. 214TH STREET OF N.E. 214TH STREET �, N.E. 214TH STREET BEGINNING N89°54�01�E 74.49' (MILLSBORO AVENUE-PLAT BOOK 12 PAGE 37) N 00'46'55'W . w o o _ 7 _ (PUBLIC RIGHT OF WIAY) 20.00' I b S89'54'01"W - .:::. N ` I T:3.45,13.413.79' R=119200 /1jji,NORTH LINE OF BLOCK 40 ' w L=78.09' 0 / I Q HAL NDALE PARK N PLAT BOOK 12 PAGE 37 POINT OF 0 a Y 3 I COMMENCEIV�ENT �" I T <Y� I t1 N.E. CORNS OF LOT 5 p 0 BLOCK 40 H I >m� m= LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 I LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 a.p I Waw I I ET NJ N w 12-• U BLOCK 39 IBLOCK 40 W w z I coc t CC 0 n Wo w0� W Z2 < < NI Owc0 I >NmI r)n Uz ,�UJ >N) rrp02 U W 2L6In W d mR-c- J LOT 6 LOT 7 LOT 8 LOT 9 LOT 10 I LOT 6 LOT 7 LOT 8 LOT 9 LOT 10 z w' 0 N°'w _ ccaI <ONa L a,, 1,00aN 0zwa- r 00 o°°N.OQQo >O-') N o� w o z i �'HQ pJJN 2p aJm BOJ comomo0_, Exw<m . Em zQ cJ c W uwpo )-op 00_n z 1-_ z 0 JE 0 U� Z S89'54'37"W I J I o a = a F W I _ N.E. 213TH STREET `n CENTERLINE OF �� N.E. 213TH STREET NORTH RIGHT OF WAY LINE (DELAWARE AVENUE-PLAT BOOK 12 PAGE 37) OF N.E. 213TH STREET (PUBLIC RIGHT OF WAY) j 33.17' 33.17' MAP OF TOWN OF PALE BLOCK PLAT BOOK"B" PAGEGE 13 13 LOT 3 LOT 4 SOUTH LINE OF LESERVED STRIP RESERVED STRIP PLAT BOOK 12 PAGE 37 TO GRAPHIC SCALE CONVEYED DEED BOOKME 3 25 PAGED 108NTY 0 25 50 100 ('Iir Alb 'P, N 9111,1 iimio li ( IN FEET ) ,'III H III'' 1 inch = 50 ft. 40 .---- Drawn By MAP SKETCH OF DESCRIPTION Date 7/23/19 Cad. No. 181505 Scale 1"=50' Ref. Dwg. F ORTIN, LEAVY, S KILES, INC. Job. No. 190699 2018-190 CONSULTING ENGINEERS, SURVEYORS &MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg. No. 1019-035—E 180 Northeast 168th. Street/North Miami Beach,Florida. 33162 Plotted: 7/23/19 3:1 7p Phone:305-653-4493/Fax 305-651-7152/Email fls®flssurvey.com Sheet 2 of 3 _ _ _ _ _ BROWARD COUNTY __ 71 TT ITM wii-DADS cou.i- r ITI ITI I Tf ITI ITI i- c — 1111111111 11 1111111 1 111111 II II 11111 --- -- 11 1 1 1 1 I c-- 1111 11 1 I I I 1111111111111 11 11 1 1 1 1 1 __ N.E. 214TH TERRACE -- ___ I I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 1 I I 1 1 1 1 1 1 1 1 1 _—_ IIIIIIIIII1111111 IIII1111111- 11 11 I 11 i 1 1 1 1 1 11 llllllllllllI 11 ° 11 II ___ I IIII it t i It N.E. 214TH STREET __ c_ _ I111111ITI11 ce ll I I II I ( I©ccvv Q ___ 111 11 11111111111 l l w IIIIIIIII ui O --- 1111111 1111 1111111 z >. c_ra >. :-- IIIII 1 I II I II I I I I I I I I I I I I I I I milli __ < _ < , I I I I � I � II I II I IIIIIIIIIIIIIIIIIIIIIII I I I Lim ! I III mill I Af. . i N.E. 213TH STREET 37y sr -- O . Or I 7W O w I X U X ) H- co 0 �t // _ co u1 co A� / -- 3 0 co '-4 E -————————- rt ----- ----- >ia // ----- ----- i 1 ��--- 1 N.E. 211TH STREET lluj —_.L-�T (--+II -� I---k—-IZ I �, ie'' ,,ill I Drawn By MAP LOCATION SKETCH Date 7/23/19 Cad. No. 181505 Scale NOT TO SCALE , Ref. Dwg. F ORTIN, LEAVY, S KILES, INC. Job. No. 190699 2 018-19 0 CONSULTING ENGINEERS, SURVEYORS &MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg. No. 1019-035—E 180 Northeast 168th. Street/North Miami Beach,Florida. 33162 Plotted: 8/2/19 8:50a J Phone:305-653-4493/Fax 305-651-7152/Email fls@IIssurvey.com Sheet 3 of 3 City of Aventura Resolution No. 2020- Exhibit "D" Legal Description of Property Vacated Portion of NE 28 Court between NE 213 Street and NE 214 Street Page 12 of 14 LEGAL DESCRIPTION: A portion of Lots 4, 5, 9 and 1 0, Block 38 and a portion of Lots 1, 2 and 6, Block 39, HALLANDALE PARK, according to the Plat thereof, as recorded in Plat Book 12 at Page 37, of the Public Records of Miami—Dade County, Florida, along with a portion of N.E. 28th Court, also known as Second Street, as shown on said Plat of HALLANDALE PARK, all being more particularly described as follows: Commence at the Southwest corner of said Block 38; thence N 89°54'37" E along the South line of said Block 38, also being the North right of way line of N.E. 213th Street for 114.97 feet to a point of curvature, also being the Point of Beginning; thence Northeasterly along a 25.00 foot radius curve leading to the left through a central angle of 90°07'47" for an arc distance of 39.33 feet to a point of tangency; thence N 00°13'10" W along a line 10.00 feet West of and parallel with the East line of said Block 38, also being the West right of way line of said N.E. 28th Court for 159.99 feet to a point of curvature; thence Northwesterly along a 25.00 foot radius curve leading to the left through a central angle of 89'52'49" for an arc distance of 39.22 feet to a non—tangent point; thence N 00'13'10" W for 10.00 feet; thence N 89°54'01" E along the North line of said Blocks 38 and 39, also being the South right of way line of N.E. 214th Street for 100.00 feet; thence S 00'13'10" E for 10.00 feet to a point on a circular curve concave to the Southeast and whose radius point bears S 00'05'59" E; thence Southwesterly along a 25.00 foot radius curve leading to the left through a central angle of 901)7'11" for an arc distance of 39.32 feet to a point of tangency; thence S 00°13'10" E along a line 10.00 feet East of and parallel with the West line of said Block 39, also being the East right of way line of said N.E. 28th Court for 159.78 feet to a point of curvature; thence Southwesterly along a 75.00 foot radius curve leading to the right through a central angle of 19°36'04" for an arc distance of 25.66 feet to a non—tangent point; thence S 89°54'37" W along the South line of said Blocks 38 and 39, also being the North right of way line of N.E. 213th Street for 70.71 feet to the Point of Beginning. Containing 11,867 square feet, or 0.272 acres, more or less. SURVEYOR'S NOTES: — This site lies in Section 34, Township 51 South, Range 42 East, City of Aventura, Miami—Dade County, Florida. — Bearings hereon are referred to an assumed value of N 89'54'37" E for the North right of way line of N.E. 213th Street. — Lands shown hereon were not abstracted for easements and/or rights—of—way of records. — This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. — Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2018-190. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on August 2, 2019, and meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. i "Not valid without to- signature and the original raised seal of a Florid. icensed Survsyor and Mapper" FORT , LEAV1( SKILES, IN . _. C _ ' _ ,4,;, -,;/' ----: , Daniel C. Fortin, Jr., For The Firm Surveyor and Mapper, LS6435 `,, State of Florida. Drawn By MAP , /LEGAL DESCRIPTION, NOTES& CERTIFICATION Date 8/2/19 Cad. No. 181505 Scale NOT TO SCALE Ref. Dwg. FORTIN, LEAVY, S KILES, INC. Job. No. 190699 2018—19 0 CONSULTING ENGINEERS, SURVEYORS &MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg. No. 1019-035—F 180 Northeast 168th. Street/North Miami Beach,Florida. 33162 Plotted: 82/19 8:50a ,) Phone:305-653-4493/Fax 305-651-7152/Email fls@flssurvey.com Sheet 1 of 3 SOUTH RIGHT OF WAY LINE CENTERLINE OF OF N.E. 214TH STREET N.E. 214TH STREET N.E. 214TH STREET o (MILLSBORO AVENUE-PLAT BOOK 12 PAGE 37) CV _ _.i. _ T__ >c N89°54'01"E 100 ..s.. .3 .00' v (PUBLIC RIGHT OF WAY) N00°13' 0"W�. p II� S00'13'10"E 7 1W NORTH LINE 10. .._.....:.......... 10.00 NORTH LINE S± S00' 'S9"E OF BLOCK 38 II OF BLOCK 39 l I o~a. I (R DIAL) HALLANDALE PARK A=89°52'4 ':::::: A=90°07'11 HAL I NDALE PARK PLAT BOOK 12 PAGE 37 R=25.00' 410-.:.:::-:..:: 64' ....s. R=25.00' PLAT BOOK 12 PAGE 37 L=39.22' ,) L=39.32' LOT 5 LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 : LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 1 c : � :. w Tk IBLOCK 0 T : :.:••••,:o:..::::.:::.:o-,0 BLOCK 39 0 „_, Z Z 0 EAST LINE ...:::::I::::::::::4,40113_,.: :::: .. WEST LINE -' 0 o OF BLOCK 38 r,z OF BLOCK 39 0 0 I O W ICO „:::: ::11 {: W= o� acv O 1. ...:::..:::::.: 0 i___cc 00 I . OD �z o a Ez O O I LIJ LOT 10 LOT 6 LOT 7 LOT 8 LOT 9 LOT 10LOT 6 LOT 7 LOT 8 LOT 9 LOT 10 I LOT 6 ......................:............... ....................................... I A=90°07'47" ;: A=19°36'04' I SOUTH LINE R=25.00' �/ R=75,00' SOUTH LINE I OF BLOCK 38 L=39.33' L=25.66' OF BLOCK 39 ' . _ 0 _ 1L \__ N89°54'37"E 114.97 O S89°54'37"W 70.71' CENTERLINE OF 1 N.E. 213TH STREET 7 NORTH RIGHT OF WAY LINE N.E. 213TH STREET (DELAWARE AVENUE-PLAT BOOK 12 PAGE 37) OF N.E. 213TH STREET (PUBLIC RIGHT OF WAY) POINT OF POINT OF COMMENCEMENT BEGINNING GRAPHIC SCALE S.W. CORNER OF BLOCK 38 I'I'I��O VIII) 0 25 50 100 II R IIliNiiMEMENNIMENIMINMI IIIA H PIP ( IN FEET ) 1 inch = 50 ft. Drawn By MAP SKETCH OF DESCRIPTION Date 8/2/19 Cad. No. 181505 Scale 1 "=50' Ref. Dwg. F ORTIN, LEAVY, S KILES, INC. Job. No. 190699 2 018—19 0 CONSULTING ENGINEERS, SURVEYORS &MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg. No. 1019-035—F 180 Northeast 168th. Street/North Miami Beach,Florida. 33162 Plotted: 8/2/19 8:50a Phone:305-653-4493/Fax 305-651-7152/Email fls@flssurvey.com Sheet 2 of 3 _ BROWARD COUNTY __ __ 1 1 TT 11—MIAMI-DADSE co u N1:Y7 1-F1 III I Tl- 1 I 1 ITI 1— — -- --- 1111111111 1 1111111 1111111 111111111 _I c--- 1 1 1 1 1 1 1 1 1 1 1 1111 III I 111111 1 1 1 1 1 1 1 1 1 __ N.E. 214TH TERRACE _ _ 1111 II IIII 1111111 III 1 1 11 111 111111111 ___ I11III11II I1111111III IIIIII IIIIIIIII ^-_ 1IIIIII 1 1 � � � I 1DIIIIIIIII o - _-_ _—_ ( I I I I I I I IIIIIII IIII I l l l l l o IIIIIIIII v 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I I I I V l l l l l l 1 1 l i -- N.E. 214TH STREET I- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1; 1 1 1 1 1 1 1 1 N _ 0 --- 1 I 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 III 1 111111 1 1 1 1 1 1 1 1 1 ui --- I I I I I °f Z - } } _5 ___ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 1 I I 1 I I 1 1 1 I 1 1 1 1 1 1 1 1 1 -- Q < I I I I I I I I I l it l IlIl I I I I IIII I l I I I I I I I I I M,F _ ¢ = N.E. 213TH STREET ?r3Tjy Si- -- 0 w U W I X ,Nk X - J 0 0 W ' / / 3 0 / ----- ----- Z cif / ----- _______-< r 2 / ----- _----I- —I I / ---1 `---JN I I �J N.E. 211TH STREET uj— _L- I c-- -1--- c-tI - Z 7 —`� 111111 Pill r-cDrawn BY MAP LOCA TION SKETCH 1 Date 8/2/19 Cad. No. 181505 Scale NOT TO SCALE Ref. Dwg. F ORTIN, LEAVY, S KILES, INC. Job. No. 190699 • 2018-190 CONSULTING ENGINEERS, SURVEYORS &MAPPERS FLORIDA CERTIFICATE OF AU FHORIZATTON NUMBER:00003653 Dwg. No. 1019-035—F 180 Northeast 168th. Street/North Miami Beach,Florida_ 33162 Plotted: 8/2/1 9 8:50a J Phone:305-653-4493/Fax 305-651-7152/Email fls@flssurvey.com Sheet 3 of 3 City of Aventura Resolution No. 2020- Exhibit "E" Legal Description of Property Vacated Portion of Land Reserved for Future Road Purposes Page 13 of 14 LEGAL DESCRIPTION: A portion of N.E. 29th Court, also known as a Reserved Area, as shown on the Plat of HALLANDALE PARK, according to the Plat thereof, as recorded in Plat Book 12 at Page 37, of the Public Records of Miami—Dade County, Florida, and a portion of Lot 1, Block 3, MAP OF THE TOWN OF HALLANDALE, according to the Plat thereof, as recorded in Plat Book "B" at Page 13, of said Public Records of Miami—Dade County, Florida, all being more particularly described as follows: Begin at the Northeast corner of Lot 10 in Block 40 of said Plat of HALLANDALE PARK; thence N 00°13'10" W along the West right of way line of said N.E. 29th Court, also being the East line of said Block 40 for 16.92 feet; thence S 69°08'23" E for 175.92 feet to a point of curvature; thence Southeasterly and Southwesterly along a 30.00 foot radius curve leading to the right through a central angle of 91°24'31" for an arc distance of 47.86 feet to a point of compound curvature; thence Southwesterly along the West right of way line of Biscayne Boulevard, also being a 3785.00 foot radius curve leading to the right through a central angle of 0°06'16" for an arc distance of 6.90 feet to a non—tangent point; thence N 23°20'50" W for 44.60 feet; thence N 69°00'10" W for 104.15 feet to a point on the East right of way line of N.E. 29th Court, also being the East line of a Reserved Area; thence N 78°17'12" W for 65.24 feet to the Point of Beginning. Containing 1,795 square feet, or 0.041 acres, more or less. SURVEYOR'S NOTES: — This site lies in Section 34, Township 51 South, Range 42 East, City of Aventura, Miami—Dade County, Florida. — Bearings hereon are referred to an assumed value of N 89`54'37" E for the North right of way line of N.E. 213th Street. — Lands shown hereon were not abstracted for easements and/or rights—of—way of records. — This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. — Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2018-190. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on July 23, 2019, and meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid without signature and the original raised seal of a Flor. a Licensed Surveyor and Mapper" FO I IN, LEAV,,Y SKILES, INC., t-••53 By: Daniel C. Fortin, Jr., For The Firm Surveyor and Mapper, LS6435 State of Florida. Drawn By MAP cLEGAL DESCRIPTION, NOTES& CERTIFICATION Date 7/23/19 Cad. No. 181505 Scale NOT TO SCALE Ref. Dwg. FORTIN, LEAVY, S KILES, INC. Job. No. 190699 2 018—19 0 CONSULTING ENGINEERS, SURVEYORS &MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg. No. 1019-035—D 180 Northeast 168th. Street/North Miami Beach,Florida. 33162 Plotted: 7/23/19 3:17p Phone:305-653-4493/Fax 305-651-7152/Email fls@flssurvey.com Sheet 1 of 3 CENTERLINE OF N.E. 214TH STREET N.E. 214TH STREET _ ooI I11'rO11I� (MILLSBORO AVENUE-PLAT BOOK 12 PAGE 37) Z" R CC I oN (PUBLIC RIGHT OF WAY) I w Cr, H F N Z _____ T LL, 0 Z I GRAPHIC SCALE D U 0 25 50 100 Z HAL NDALE PARK o a, = Ld z CC 111111 ==.11111111.11MI PLAT BOOK 12 PAGE 37 1--1 o =N W N Q o ( IN FEET ) Y -Z 0) < r� = I 1 inch = 50 ft. _10I-9 ,0 N I2ow01-CD Qm WO I-N LOT 1 LOT 2 LOT 3 LOT 4 L'-11-6 w Q 0_ 0 •u l LOT 1 WJ E Z / •LOT Z �� cri ao BLOCK 3 BL bCK 40 N00°13'10"W 4► MAP OF THE TOWN OF HALLANDALE 16 92' 86 ° I PLAT BOOK"B" PAGE 13 . 78. 8,-,8 .2. fi :{2 WEST RIGHT OF WAY LINE / POINT bF 65 4' OF BISCAYNE BOULEVARD BEGINNING 10 , Nonro:::::. r7 92 A=91°24'31" N.E. NER OF LOT co +►�� S. , R=30.00 BLOCK 40 cp Q ry �-47.8x' L o� w / LOT 6 LOT 7 LOT 8 LOT 9 LOT 10 >r`o Ld r I "I o o : / Q 1�� • >M rrpU� ` O0QOr\WW mO �/� o o N O N23°20'50"W • Q�C°� I _ QZWC 44.60' / , O 40 z ` Qt�o0c0_°OQY >`-'''-r°NN 9I W�Qm z'- -,,,T NORTH RIGHT OF WAY LINE CENTERLINE OF =o��w Jo OHO JN A=0°06'16" A e,‘,. V - OF N.E. 213TH STREET 7 N.E. 213TH STREET omomoo_F- ctw<rn R=3785.00' /f•� O 1� 1 �� Q a L=6.90' S�� k N89'54'37"E _owzo oa a,10 ;frO sz, 1 J�O� Z N.E. 213TH STREET, . o _ "� ? � i�0,� (DELAWARE AVENUE-PLAT BOOK 12 PAGE 37) I,1 Q V CI) Q• �� vQ (PUBLIC RIGHT OF WAY) -I �1 �� •0^ o•O�l` a 3m o © KLOT 4 MAP OF TOWN OF HALLANDALE `, ` . j..y � � PLAT BOOK"B" PAGE 13 0 �J44 0 00_/1.70, 6?SO. T O R/Cy RgNsApgR7- sE'T/oAIo 0cTw(4)- :10NT O,�re yEFt0.68 03 471p 0cTOeER 6\2201 1939 Drawn By MAP SKETCH OF DESCRIPTION \ Date 7/23/19 Cad. No. 181 505 Scale 1"=50' Ref. Dwg. FORTIN, LEAVY, S KILES, INC. Job. No. 190699 2 018—19 0 CONSULTING ENGINEERS, SURVEYORS &MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg. No. 1019-035—D 180 Northeast 168th. Street/North Miami Beach,Florida. 33162 Plotted: 7/23/19 3:17p Phone:305-653-4493/Fax 305-651-7152/Email fls@flssurvey.com Sheet 2 of 3 BROWARD COUNTY F _ ITMIAMI-DAuniYTT I TI ITI I ITI IT 1----. IIIIIIIIII 1 IIII III 1111111 IIIIIIIII -- 11111111111 11111111111111 111111111 N.E. 214TH TERRACE —_ 1 I I I I 1 III I I I I I l l l III I I 11 l I I I I I V I I I I Q _-- 1 111 11 1111 1111111 111 1 1 11111 111111111 D --- III I I I I I MIS I I 111111111 __ =_ = IIII V I I I III I I I-- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 H 1111111111181IIIIIIII F 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 N -- N.E. 214TH STREET = -- i- 1 I I 1 I 1 1111 I I ITI 11 III I I ITITI al'o II 11 I I I I 1 u! --- ( IIIIIIIII II ( IIII III I ( IIII I . IIIIIIIII Z 217 o --- IIII 111111 I III— IIII -, >. _� >_ __= 11 I I 1 I I I I I I I I III 1 I I I 1 I 1 IIII 1 1 1 1 1 -- Q QII III I I II I I I I I I II III 1 IIIII L- 1111 11111 .�c 2 1 3 N.E. 213TH STREET 273Ty sT = Q = w v w I x - J Coo Cl) W u �¢� / 3 0 1.1.1 (0 - - p ---- ——-- J ----- ---—- Wv' U. - --- 2 N --- - --- -a r = // ----- -———-I—-- , s\ / \ — \— ——�N I I �J N.E. 211THrrSTREIET uj--_L—�7 z. /1111 11111 11111 Or Drawn By MAP LOCA TION SKETCH Date 7/23/19 \ Cad. No. 181505 Scale NOT TO SCALE Ref. Dwg. FORTIN, LEAVY, S KILES, INC. Job. No. 190699 2 018—19 0 CONSULTING ENGINEERS, SURVEYORS &MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg. No. 1 019-035—D 180 Northeast 168th. Street/North Miami Beach,Florida. 33162 Plotted: 7/23/19 3:17p_) Phone:305-653-4493/Fax 305-651-7152/Email fls@flssurvey.coin Sheet 3 of 3 City of Aventura Resolution No. 2020- Exhibit "F" Reservation of Easements over Rights-of-Way to be Vacated Utility easements are hereby reserved to the City and to all utility companies licensed to provide utility service in the City over, across and under the streets and alleys shown on Exhibits "B", "C" and "D" to this Resolution Page 14 of 14 CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager 6e,,) BY: Br71//'ian K. Raducci, Finance Director DATE: November 1, 2019 SUBJECT: End of Year Budget Amending Ordinance — FY 2018/19 1st Reading November 5, 2019 City Commission Meeting Agenda Item g 2nd Reading January 2, 2020 City Commission Meeting Agenda Item S RECOMMENDATION It is recommended that the City Commission approve the attached ordinance amending the FY 2018/19 budget. BACKGROUND At this time of year, the Finance Department is preparing the City's financial records for the FY 2018/19 year-end audit. Now that most of our year-end adjustments have been made, we have the necessary information to formally amend the FY 2018/19 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 2019 and January 2020 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 2020 as there is no December meeting. The ordinance however will appear on first reading prior to the November 29, 2019 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 Police Offduty Services Fund and the underlying circumstances that support each recommendation along with the supporting schedule — Exhibit "A". 1 General Fund — (001) — ($1,579,000 net increase) Legal (0601) — ($120,000 increase) 3120 — Prof. Services — Legal Requires a $120,000 budget amendment primarily resulting from approximate overages of $20,000 related to the Intersection Safety Camera Program, $20,000 for the School Referendum matter, $33,000 for various Police matters and $7,500 for PBA Negotiations. The balance is comprised of miscellaneous legal matters. This overage will be offset by $20,000 in additional Intersection Safety Camera Program (3542000) and $100,000 in additional Franchise Fee-Electric Revenue (3231000). Community Development (4001) — ($1,200,000 increase) 3101 — Building Inspection Services Requires a $1,200,000 budget amendment due to higher than anticipated building/development activity experienced during the year which will be offset by additional Building Permit revenue (3221000). Community Services (5001) — ($259,000 increase) 3113 — Prof. Services - Comm. Cen. Inst. Requires a $129,000 budget amendment due to higher than anticipated participation in Travel Basketball, the After School Program and Teacher Planning Days which will be offset by a combination of $60,000 worth of additional Community Center Fees (3472500) and $69,000 worth of additional Membership & Guest Fees (3473000). 4851 — Cultural/Recreation Programs Requires a $130,000 budget amendment due to higher than anticipated participation in Travel and Recreation Soccer and After School Tennis which will be offset by additional Parks & Recreation Fees (3472000). Police Offduty Services Fund — (620) — ($65,000 net increase) 1420 — Extra Duty Detail Requires a $65,000 budget amendment due to higher than anticipated Extra Duty Details that will be offset by $65,000 in additional Police Detail Billing (3421100). The budget amendments outlined above, are expected to have little to no impact on the FY 2018/19 overall budget or carryover amount that was utilized in the preparation of the FY 2019/20 budget. Based on this analysis, I recommend approval of the attached Ordinance. 2 ORDINANCE NO. 2020- _ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2018-18 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2018/2019 FISCAL YEAR BY REVISING THE 2018/2019 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 2018/2019 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. 2018-18, which Ordinance adopted a budget for the 2018/2019 fiscal year, by revising the 2018/2019 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. 2020- 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, 2018. The foregoing Ordinance was offered by Commissioner Mezrahi, who moved its adoption on first reading. This motion was seconded by Commissioner Weinberg, and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Gladys Mezrahi Yes Commissioner Robert Shelley Yes Commissioner Howard Weinberg Yes Vice Mayor Marc Narotsky Yes Mayor Enid Weisman Absent The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Marc Narotsky Mayor Enid Weisman Page 2 of 3 City of Aventura Ordinance No. 2020- PASSED on first reading this 5th day of November, 2019. PASSED AND ADOPTED on second reading this 7th day of January, 2020. MAYOR ENID WEISMAN ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 Exhibit A CITY OF AVENTURA GENERAL FUND 001 FY 2018/19 BUDGET AMENDMENT REVENUES OBJECT 2018/19 2018/19 2018/19 CODE ADOPTED AMENDED REVISED NO. CATEGORY RECAP AMOUNT AMOUNT BUDGET 3221000 Building Permits $ 2,250,000 $ 1,200,000 $ 3,450,000 3231000 Franchise Fee-Electric 1,425,000 100,000 1,525,000 3472000 Parks&Recreation Fees 160,000 130,000 290,000 3472500 Community Center Fees 200,000 60,000 260,000 3473000 Membership&Guest Fees - 69,000 69,000 3542000 Intersection Safety Camera Program 1,150,000 20,000 1,170,000 Total Revenue $ 5,185,000 $ 1,579,000 $ 6,764,000__ TOTAL AMENDMENTS-REVENUE $ 1,579,000 EXPENDITURES OBJECT 2018/19 2018/19 2018/19 CODE ADOPTED AMENDED REVISED NO. CATEGORY RECAP AMOUNT AMOUNT BUDGET LEGAL(0601) CONTRACTUAL SERVICES 3120 Prof.Services-Legal $ 300,000 $ 120,000 $ 420,000 Total Legal $ 300,000 $ 120,000 $ 420,000 COMMUNITY DEVELOPMENT(4001) CONTRACTUAL SERVICES 3101 Building Inspection Services $ 1,500,750 $ 1,200,000 $ 2,700,750 Total Community Development $ 1,500,750 $ 1,200,000 $ 2,700,750 COMMUNITY SERVICES(5001) CONTRACTUAL SERVICES 3113 Prof.Services-Comm.Cen.Inst. $ 110,000 $ 129,000 $ 239,000 OTHER CHARGES&SERVICES 4851 Cultural/Recreation Programs 110,000 130,000 240,000 Total Community Services $ 220,000 $ 259,000 $ 479,000 TOTAL AMENDMENTS-EXPENDITURES $ 1,579,000 CITY OF AVENTURA POLICE OFFDUTY SERVICES FUND 620 FY 2018/19 BUDGET AMENDMENT REVENUES Illegnerimalijilimil° 2018/19 2018/19 2018/19 CODE ADOPTED AMENDED REVISED NO. CATEGORY RECAP AMOUNT AMOUNT BUDGET Charges for Services 3421100 Police Detail Billing $ 450,000 $ 65,000 $ 515,000 Total Revenue $ 450,000 $ 65,000 $ 515,000 TOTAL AMENDMENTS-REVENUE $ 65,000 EXPENDITURES OBJECT 2018/19 2018/19 2018/19 CODE ADOPTED AMENDED REVISED NO. CATEGORY RECAP AMOUNT AMOUNT BUDGET PERSONAL SERVICES Public Safety 1420 Extra Duty Detail $ 450,000 $ 65,000 $ 515,000 Total Expenditures $ 450,000 $ 65,000 $ 515,000 TOTAL AMENDMENTS-EXPENDITURES $ 65,000