10-11-2005
Cily Commission
Susan Gottlieb, Mayor
Zev Auerbaeh
Bob Diamond
Billy Joel
Harry Holzberg
Michael Stern
Lnz Urbáez Wemberg
A '"!he City of
..K.ventura
Q
CitY MJUlRyer
Eric M. Soroka, ICMA.CM
~
Teresa M. Soroka, MMC
Cily Attorney
Weiss Serota Helfman
Pastoriza Cole & Boniske
AGENDA
OCTO~o~!J!~r 2005
following LPAmeeting
19200 West Country Club Drive
Aventuro.FloridaJJl80
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AGENDA: Request for Deletions/Emergency Additions
4. ELECTION OF VICE MAYOR
5. SPECIAL PRESENTATIONS:
Certificates to Commissioners Stem and Weinberg for completion of Institute
for Elected Municipal Officials
Proclamation to Aventura Resident Fernando Ottati, 2005 Hispanic Festival
Commemorative Poster Contest First Place Winner
6. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not
expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any
member of the Commission, that item must be removed from the Consent Agenda and considered separately.
A.
B.
APPROVAL OF MINUTES:
September 6,2005 Commission Meeting
September 8, 2005 I st Budget Hearing
September IS, 2005 Workshop Meeting
September 22, 2005 2nd Budget Hearing
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 AN
EFFECTIVE DATE.
c.
0Iär 11, 2005 CtIIIIIÏIIiœ ~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, APPROVING SETTLEMENT
AGREEMENT BETWEEN A VENTURA-ENS EN ADA, INC. AND
AVENTURA LAND AND DEVELOPMENT CORPORATION
AND THE CITY OF A VENTURA, CONCERNING .51 ACRE
PARCEL OF LAND LOCATED ON NORTHEAST 34TH
AVENUE AT NORTH COUNTRY CLUB DRIVE AND TWO (2)
PARCELS OF SUBMERGED LAND CONSISTING OF 5.39
ACRES LOCATED SOUTH OF NORTHEAST 207TH STREET
AND EAST OF NORTHEAST 34TH AVENUE; AUTHORIZING
EXECUTION OF SETTLEMENT AGREEMENT;
AUTHORIZING IMPLEMENTATION OF SETTLEMENT
AGREEMENT; PROVIDING FOR EFFECTIVE DATE.
D.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 01-0103-055 FOR PROFESSIONAL
TRAFFIC ENGINEERING SERVICES FOR THE A VENTURA
MALL TRAFFIC FLOW IMPROVEMENT STUDY BY AND
BETWEEN THE CITY OF AVENTURA AND CRAVEN
THOMPSON AND ASSOCIATES, INc.; PROVIDING FOR THE
COST OF THE STUDY TO BE PAID BY THE AVENTURA
MALL; AND PROVIDING AN EFFECTIVE DATE.
E.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, SELECTING CSA SOUTHWEST,
INc. TO PERFORM BUILDING AND ENGINEERING
INSPECTION, AND PLAN REVIEW SERVICES;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE
TERMS AND FEES FOR SAID WORK; AND PROVIDING AN
EFFECTIVE DATE.
F.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, ESTABLISHING CRITERIA FOR THE
A WARD OF KEYS TO THE CITY OF A VENTURA; APPROVING
PROTOTYPE KEY TO THE CITY OF A VENTURA; PROVIDING
FOR IMPLEMENTATION; PROVIDING FOR EFFECTIVE DATE.
G.
MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE
FINANCIAL STATEMENTS FOR AVENTURA CHARTER
ELEMENTARY SCHOOL FlY 2004-05
(CITY COMMISSION ACTING IN ITS CAPACITY AS
A VENTURA CITY OF EXCELLENCE SCHOOL BOARD OF
DIRECTORS)
2
H.
I.
J.
0Iär 11, 2005 CtIIIIIÏIIiœ ~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, 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 A VENTURA AND THE CITY OF
NORTH MIAMI BEACH FOR LAW ENFORCEMENT
ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 01-0103-059 FOR TECHNICAL
SERVICES FOR THE IMPLEMENTATION OF THE TRAFFIC
VIDEO MONITORING SYSTEM BY AND BETWEEN THE
CITY OF A VENTURA AND CRAVEN THOMPSON AND
ASSOCIATES, INc.; PROVIDING FOR THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS
OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA APPROVING THE "HOCHSTEIN-
KANE BUILDING" PLAT, BEING A REPLAT OF LOTS 9 AND
10, BLOCK 24, HALLANDALE PARK, PLAT BOOK 12, PAGE
37, AND A PORTION OF LOT 1, BLOCK 3, MAP OF THE
TOWN OF HALLANDALE, DADE COUNTY, PLAT BOOK B,
PAGE 13 AND A PORTION OF A RESERVED STRIP OF LAND,
HALLANDALE PARK, PLAT BOOK 12, PAGE 37, LYING IN
SECTION 34, TOWNSHIP 51 SOUTH, RANGE 34 EAST, CITY
OF A VENTURA, MIAMI-DADE COUNTY, FLORIDA;
PROVIDING FOR AN EFFECTIVE DATE.
K.
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 AUDIT
ENGAGEMENT AGREEMENT BETWEEN THE CITY OF
A VENTURA AND McGLADREY & PULLEN, LLP;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
L.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AUTHORIZING THE CITY
3
M.
N.
0Iär 11, 2005 CtIIIIIÏIIiœ ~
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED DISASTER
RELIEF FUNDING AGREEMENT BETWEEN THE CITY OF
AVENTURA AND THE STATE OF FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 01-01030-061 FOR PROFESSIONAL
ENGINEERING SERVICES TO DESIGN AND PREPARE
CONSTRUCTION DRAWINGS FOR IMPROVEMENTS TO
THE EXISTING SEAWALL ALONG YACHT CLUB DRIVE BY
AND BETWEEN THE CITY OF A VENTURA AND CRAVEN
THOMPSON & ASSOCIATES FOR THE AMOUNT OF
$22,000.00; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 01-01030-057 FOR PROFESSIONAL
ENGINEERING SERVICES TO DESIGN AND PREPARE
CONSTRUCTION DRAWINGS TO EXPAND THE FOUNDERS
PARK PARKING LOT BY AND BETWEEN THE CITY OF
AVENTURA AND CRAVEN THOMPSON & ASSOCIATES FOR
THE AMOUNT OF $44,050.00; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
7. ZONING HEARINGS: None,
8. ORDINANCES: FIRST READING/PUBLIC INPUT:
A.
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA
AMENDING SECTION 31-21 "DEFINITIONS" OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO INCLUDE A
DEFINITION OF "GROSS LEASABLE AREA"; AMENDING
SECTION 31-144(C) "COMMUNITY BUSINESS (B2) DISTRICT"
OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
AMEND THE REGULATIONS REGARDING MINIMUM
4
0Iär 11, 2005 CtIIIIIÏIIiœ ~
LANDSCAPED OPEN SPACE FOR SHOPPING CENTERS
CONSISTING OF MORE THAN 1,000,000 SQUARE FEET DUE
TO THE UNIQUE CHARACTERISTICS OF THESE CENTERS;
AMENDING SECTION 31-171 "OFF-STREET PARKING AND
LOADING STANDARDS" OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO AMEND THE
REGULATIONS FOR PARKING REQUIREMENTS FOR
SHOPPING CENTERS CONSISTING OF MORE THAN 1,000,000
SQUARE FEET OF GROSS LEASABLE AREA DUE TO THE
UNIQUE AND SPECIAL DEMANDS OF THESE LARGER
CENTERS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following item on the Commission's agenda is
quasi-judicial in nature, If you wish 1D object or comment upon this item, please infonn the Mayor when she requests public
comments. An opportunity for persons to speak on each item will be made available aner the applicant and stalThave made
their presentations on each item All testimony, including puhlic teshmony and evidence, will be made under oath or
affinnation. Additionally, each person who gives teshmony may be subject to "oss-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 penmitted to
cross-examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf
Persons represenhng organizations must present evidence of the;r authority to speak for the organization. Further details of
thc quasi-judicial procedures may be obtained from the Clerk.
B.
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
AVENTURA BY AMENDING THE ZONING DESIGNATION
FOR A 0.51 ACRE PARCEL OF LAND LOCATED ON NE 34
AVENUE AT NORTH COUNTRY CLUB DRIVE, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT A, FROM CF,
COMMUNITY FACILITIES DISTRICT TO RS2, RESIDENTIAL
SINGLE FAMILY DISTRICT; AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF A VENTURA BY AMENDING
THE ZONING DESIGNATION FOR TWO PARCELS OF
SUBMERGED LAND TOGETHER MEASURING 5.39 ACRES
MORE OR LESS LOCATED SOUTH OF NE 207 STREET AND
EAST OF NE 34 AVENUE, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT B, FROM RMF4, MULTIFAMILY
HIGH DENSITY RESIDENTIAL DISTRICT TO CNS,
CONSERVATION DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
9. PUBLIC HEARING: ORDINANCES: SECOND READING:
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA;
AMENDING THE CITY CODE BY AMENDING ARTICLE VII
"CODE OF ETHICS" OF CHAPTER 2 "ADMINISTRATION",
BY AMENDING SECTION 2-396 "FURTHER ETHICS
5
0Iär 11, 2005 CœIDÏIID MeeIiIc
STANDARDS; PROHIBITIONS AND RESTRICTIONS" AT
PARAGRAPH (C) "FURTHER RESTRICTIONS ON
TRANSACTIONS" BY RENUMBERING AND REVISING
EXISTING SUBPARAGRAPH (üi) TO BE SUBPARAGRAPH (iv)
AND BY CREATING A NEW SUBPARAGRAPH (iii) TO
PROHIBIT INVOLVEMENT OF CITY PUBLIC OFFICERS AND
EMPLOYEES IN CERTAIN INVESTMENTS AND IN CERTAIN
REAL ESTATE TRANSACTIONS; AND BY CREATING
ARTICLE IX "CAMPAIGN FINANCE RESTRICTIONS" OF
CHAPTER 2 "ADMINISTRATION" OF THE CITY CODE, BY
CREATING SECTION 2-420 "PROHIBITED CAMPAIGN
CONTRIBUTIONS FROM VENDORS", TO CREATE
RESTRICTIONS UPON THE MAKING OR RECEIPT OF
POLITICAL CAMPAIGN CONTRIBUTIONS FROM OR
WHICH ARE DELIVERED, SOLICITED OR PROVIDED BY
VENDORS OF THE CITY; PROVIDING FOR DEFINITIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
PENALTY; PROVIDING FOR INCLUSION IN CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
10. RESOLUTIONS - PUBLIC HEARING: None
11. OTHER BUSINESS: None
12.PUBLIC COMMENTS
13.REPORTS
14.ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS
COMMISSION WORKSHOP OCTOBER 11, 2005 following 6 P.M. mtg.
COMMISSION MEETING NOVEMBER 1, 2005 6 P.M.
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 tater than two days prior to such proceeding. One or more members of the City of Aventura Advisory
Boards may be in attendance. 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, fo' such purpose, may need to ensure that a
verbatim record of tlie 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 oblßin a copy of any agenda item should contact the City Clerk at 305-466-
8901.
6
A'!he City of
fiventura
-i)-
'..Y
MINUTES
CITY COMMISSION MEETING
SEPTEMBER 6, 2005 6 p.m.
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CAll TO ORDER/ROll CAll: The meeting was called to order at 6:00 p,m, by
Mayor Susan Gottlieb. Present were Commissioners Bob Diamond, Billy Joel, Harry
Holzberg, Michael Stern, Luz Urbáez Weinberg, Vice Mayor lev Auerbach, Mayor
Gottlieb, City Manager Eric M, Soroka, City Clerk Teresa M. Soroka and City Attorney
David M. Wolpin. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE: Elaine Adler led the pledge of allegiance.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: Mayor
Gottlieb requested the addition of an update on the impact of Hurricane Katrina on the
City of Aventura and the City's efforts on behalf of those affected by Hurricane Katrina
in the Gulf. Motion was offered by Commissioner Weinberg, seconded by Vice Mayor
Auerbach and unanimously passed,
4. SPECIAL PRESENTATIONS: Certificates of Appreciation were presented to the
sponsors of the ACES Smart Boards: Paul Bakery; Fairmont Turnberry Isle Resort and
Club; Aventura Hospital and Medical Center; Ronald L. Book, PA; Turnberry
Associates; Northern Trust; Mellon Bank; CABI Developers; Aventura News; The Trump
Group; Shefaor Development LLC; Orthopedic Care Center; Minto la Vogue;
Gulfstream Park; Gerson, Preston, Robinson & Co.; G & D Developers/One Aventura
Executive Center; Florida Power & Light; Classic Residence by Hyatt in Aventura;
Greenberg Traurig and Groupe Pacific.
5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Joel, seconded by Commissioner Diamond, unanimously passed and
the following action was taken:
A.
The minutes of the July 6, 2005 Commission Meeting, July 21, 2005
Commission Meeting, July 21, 2005 Workshop Meeting, and July 26, 2005
Commission Meeting were approved.
B.
Resolution No. 2005-38 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, ESTABLISHING A RANKING OF FIRMS TO
PERFORM AUDITING SERVICES; AUTHORIZING THE CITY
MANAGER OF THE CITY OF AVENTURA, FLORIDA, ON BEHALF OF
SAID CITY, TO NEGOTIATE FOR SAID SERVICES; AUTHORIZING
THE CITY MANAGER TO DO All THINGS NECESSARY TO CARRY
C.
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
Resolution No. 2005-39 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THAT CERTAIN "AGREEMENT
CONCERNING COMMERCIAL ADVERTISING SIGN, CHARTER
SCHOOL REVENUE", BETWEEN THE CITY OF AVENTURA AND
CLEAR CHANNEL OUTDOOR, INC., CONCERNING PROCESSING OF
APPLICATION FOR AMENDMENT OF CONDITION APPLICABLE TO
PREVIOUSLY APPROVED BILLBOARD; PROVIDING FOR A
PORTION OF COMMERCIAL ADVERTISING REVENUE TO BE
UTILIZED FOR CITY OF AVENTURA CHARTER SCHOOL PROGRAM,
IN THE EVENT THAT MODIFICATION OF CONDITION IS
AUTHORIZED BY THE CITY COMMISSION; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR EFFECTIVE DATE.
D.
Resolution No. 2005-40 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO
THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF
AVENTURA AND THE CITY OF FLORIDA CITY FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
E.
Resolution No. 2005-41 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO
THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF
AVENTURA AND THE VILLAGE OF BAL HARBOUR 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.
Resolution No. 2005-42 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON
2
G.
BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO
THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF
AVENTURA AND THE CITY OF SUNNY ISLES BEACH FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
Resolution No. 2005-43 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO
THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF
AVENTURA AND THE CITY OF NORTH MIAMI FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
H.
Resolution No. 2005-44 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-056
FOR PROFESSIONAL DESIGN SERVICES FOR THE MIAMI GARDENS
DRIVE EXTENSION PROJECT BY AND BETWEEN THE CITY OF
AVENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC.;
AND PROVIDING AN EFFECTIVE DATE.
I.
Resolution No. 2005-45 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 05-07-27-2, CUSTODIAL SERVICES FOR CITY
FACILITIES TO KELLY JANITORIAL SYSTEMS, INC. AT THE ANNUAL
BID PRICE OF $166,654.32; 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.
J.
Resolution No. 2005-46 was adopted as follows:
3
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 AN
EFFECTIVE DATE.
Mr. Soroka advised the Commission and the public on the damage
sustained by the City due to Hurricane Katrina and Mayor Gottlieb
provided an update on the City's efforts on behalf of those in the Gulf
affected by this storm.
6. ZONING HEARINGS: Ex-parte communications by Commissioners, if any, were
disclosed and filed in accordance with City Code Section 34. All witnesses giving
testimony in these hearings were sworn in.
A motion to address item 6-0 at this time was offered by Commissioner
Holzberg, seconded by Commissioner Joel and unanimously passed.
Commissioner Weinberg noted her conflict of interest as an employee of the
applicant and excused herself from the room for this discussion and action taken,
if any.
D.
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR MIAMI
BEACH HEALTH CARE LTD D/B/A AVENTURA HOSPITAL AND
MEDICAL CENTER CAMPUS BUILDINGS TO PERMIT ONE PRIMARY
MONUMENT SIGN AT THE CORNER OF THE HOSPITAL CAMPUS AT
20900 BISCAYNE BOULEVARD MEASURING 18 FEET HIGH AND
148.5 SQUARE FEET IN AREA WHERE A PRIMARY MONUMENT
SIGN MEASURING 15 FEET HIGH AND 65 SQUARE FEET IN AREA IS
PERMITTED BY CODE; A SIGN VARIANCE TO PERMIT A
SECONDARY MONUMENT SIGN AT THE COMPREHENSIVE CANCER
CENTRE AT 20950 NE 27 COURT MEASURING 68 SQUARE FEET,
WHERE SECONDARY MONUMENT SIGNS MEASURING 65 SQUARE
FEET ARE PERMITTED BY CODE; A SIGN VARIANCE TO PERMIT A
SECOND WALL SIGN ON THE SOUTH SIDE OF THE AVENTURA
HOSPITAL AND MEDICAL CENTER AT 20900 BISCAYNE
BOULEVARD MEASURING 144 SQUARE FEET, WHERE ONLY ONE
SIGN PER ELEVATION IS PERMITTED BY CODE; A SIGN VARIANCE
TO PERMIT A SECOND WALL SIGN ON THE EAST ELEVATION OF
THE AVENTURA PHYSICIANS BUILDING AT 21800 NE 28 AVENUE
4
A.
MEASURING 65 SQUARE FEET WHERE ONLY ONE SIGN PER
ELEVATION IS PERMITTED BY CODE; PROVIDING AN EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Joel and seconded by
Vice Mayor Auerbach. Planning Director Joanne Carr explained the
request of the applicant and entered the staff report into the record.
Mayor Gottlieb opened the public hearing. The following individual
addressed the Commission: Cliff Schulman, Esq., 1221 Brickell Avenue.
There being no further speakers, the public hearing was closed, The
motion passed unanimously (6-0) and Resolution No. 2005-47 was
adopted.
CONSIDERATION OF PROPERTY OWNER'S APPEAL OF DENIAL OF
VESTED RIGHTS UNDER MORATORIUM ORDINANCE CONCERNING
LINCOLN POINTE DEVELOPMENT:
Mr. Soroka explained that this hearing was an appeal of his decision
denying vested rights under the Moratorium Ordinance regarding Lincoln
Pointe Development. Mayor Gottlieb opened the public hearing and the
following individuals addressed the Commission: Stanley Price, Esq. and
Mr. Schulman representing Lincoln Pointe; Phyllis Saunders, 7000 Island
Boulevard; Leslie Forelich, 18151 NE 31st Court, Biscayne Cove; Keith
Marshall, Esq., representing Biscayne Cove Condominium Association;
Madeline Giardello, President of the Biscayne Cove Condominium
Association; George Tower, 7000 Island Boulevard; Barbara Stone, Esq.,
representing Biscayne Cove unit owner; Bob Fabric, 3000 Island
Boulevard; Scott Luongo, Biscayne Cove; Rowena Reich, 3000 Island
Boulevard; Gerard Castaldo, Biscayne Cove; Laurie Allen, 1000 Island
Boulevard. There being no further speakers, the public hearing was
closed, A motion was offered by Commissioner Joel and seconded by
Commissioner Holzberg to remand this item to the City Manager for the
purpose of negotiating a project of lesser height and density to come back
before the Commission at a future public hearing for approval. The motion
failed (2-5) with Commissioners Joel and Holzberg voting yes and
Commissioners Stern, Weinberg, Diamond, Vice Mayor Auerbach and
Mayor Gottlieb voting no. A motion was offered by Commissioner
Diamond and seconded by Mayor Gottlieb to deny the appeal based on
the fact that the applicant did not establish vested rights. The motion
passed 5-2, with Commissioners Joel and Holzberg voting no,
Resolution No. 2005-48 was adopted.
The meeting recessed for 10 minutes at this time.
5
B.
Mayor Gottlieb read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR
WILLIAMS ISLAND PROPERTY OWNERS' ASSOCIATION TO PERMIT
EIGHT DIRECTIONAL SIGNS ON ISLAND BOULEVARD MEASURING
SIX SQUARE FEET IN AREA, WHERE DIRECTIONAL SIGNS
MEASURING A MAXIMUM OF FOUR SQUARE FEET ARE PERMITTED
BY CODE; PROVIDING AN EFFECTIVE DATE.
Ms, Carr explained the request of the applicant and entered the staff
report into the record. Mayor Gottlieb opened the public hearing. The
following individuals addressed the Commission: Jonathan Evans, 7000
Island Boulevard; Mario Garcia-Serra, Esq., 1221 Brickell Avenue,
representing the applicant; Mr. Tower; Phillip Bova, 2800 Island Blvd; and
Arthur Barr, 3700 Island Blvd, There being no further speakers, the public
hearing was closed. A motion for approval was offered by Commissioner
Joel, and seconded by Commissioner Stern, The motion passed
unanimously and Resolution No. 2005-49 was adopted.
C.
Mayor Gottlieb read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL
TO PERMIT DRY CLEANING ON PREMISES FOR PROPERTY
LOCATED AT 20708 BISCAYNE BOULEVARD, AVENTURA;
PROVIDING AN EFFECTIVE DATE.
Ms. Carr explained the request of the applicant and entered the staff
report into the record. Mayor Gottlieb opened the public hearing. The
following individual addressed the Commission: Mr. Schulman. There
being no further speakers, the public hearing was closed, A motion for
approval was offered by Vice Mayor Auerbach and seconded by
Commissioner Joel. The motion passed unanimously and Resolution No.
2005-50 was adopted.
7.
ORDINANCES: FIRST READING/PUBLIC INPUT: Mr. Wolpin read the
following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMENDING THE
CITY CODE BY AMENDING ARTICLE VII "CODE OF ETHICS" OF CHAPTER
2 "ADMINISTRATION", BY AMENDING SECTION 2-396 "FURTHER ETHICS
STANDARDS; PROHIBITIONS AND RESTRICTIONS" AT PARAGRAPH (C)
"FURTHER RESTRICTIONS ON TRANSACTIONS" BY RENUMBERING AND
6
REVISING EXISTING SUBPARAGRAPH (iii) TO BE SUBPARAGRAPH (iv)
AND BY CREATING A NEW SUBPARAGRAPH (iii) TO PROHIBIT
INVOLVEMENT OF CITY PUBLIC OFFICERS AND EMPLOYEES IN CERTAIN
INVESTMENTS AND IN CERTAIN REAL ESTATE TRANSACTIONS; AND BY
CREATING ARTICLE IX "CAMPAIGN FINANCE RESTRICTIONS" OF
CHAPTER 2 "ADMINISTRATION" OF THE CITY CODE, BY CREATING
SECTION 2-420 "PROHIBITED CAMPAIGN CONTRIBUTIONS FROM
VENDORS", TO CREATE RESTRICTIONS UPON THE MAKING OR RECEIPT
OF POLITICAL CAMPAIGN CONTRIBUTIONS FROM OR WHICH ARE
DELIVERED, SOLICITED OR PROVIDED BY VENDORS OF THE CITY;
PROVIDING FOR DEFINITIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR PENALTY; PROVIDING FOR INCLUSION IN CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Weinberg and seconded by
Vice Mayor Auerbach. Mayor Gottlieb opened the public hearing. There being
no speakers, the public hearing was closed, The motion for approval passed
unanimously by roll call vote.
8. PUBLIC HEARING: ORDINANCES: SECOND READING: None.
9. RESOLUTIONS - PUBLIC HEARING: None
10.0THER BUSINESS: None.
11.PUBLIC COMMENTS: Bob Burroughs.
Mr. Soroka noted that the regularly scheduled October meeting conflicts with Rosh
Hashanah. The meeting was re-scheduled for October 11, 2005 at 6 p.m.
12.REPORTS As submitted.
Mr, Wolpin requested an Executive Session to discuss pending litigation in the Aventura
Ensenada matter. The Executive Session was scheduled for September 8, 2005 at
6:30 p.m. following the 1st Budget Public Hearing,
13. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 9 p.m.
Approved by the Commission on
Teresa M. Soroka, MMC, City Clerk
Anyone wishing to appeal any decision made by the City Commis,"on with respect to any matter considered at a 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 inciudes the testimony and evidence upon which the appeal is to be based.
7
I I
, .
FORM sa. MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
.Jo,1!fr NAM&-.nRST NAM!:-4UDDLE NAME NAME ÐF BOARD. COIJNCIL,COMMI'iISl°N, A!1I'IIOlUTY. OR CO_ITl'EE
U llN eoMo\Ll6blol'J .
THE JIOAIID. COUNCIL, COMMISSION. A\1'rnORITY OR COMMITl'EE ON
WHICH I SERVE 18.1, UNIT OF,
1;1 COUNTY
AM OFPOUTICALSUBDM5ION,
0 (l -
NS, ~
1;1 OTHER LOCAL AGENCY
0 APPOIN'I'tVE
,WHO MUST FILE FORM 8B
Tbis form ;. for uae by any penon aerving at the county, city, or other loca1level of government on an appointed or elected board,
council, commission, autbority, or committee. It applitltl equally to membe,.. of advieory and non-advioory bodies who are preaented
with a voting conflict of interest under Seetion 112.3143, Florida Statutes.
.. . "
Your responsibilities under the law when faced with voting on a meB8111'e in which you bave a conflict of intartltlt will vary greatly
depending on whether you hold an elective or appointive position, For tme reason, please pay clo.. attention to the instructions on
this form before completing the reve..... oide and filing the Conn.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143. FLORIDA STATUTES
A penon holding elective or appointive county, municipal, or other local public office MUST ABSTAIN fret.. voting on a me..u1'8
which inures to his or her special private gain Or 1018. Each elected or appointed local officer aleo is prohibited from knowingly voting
on a measure which inures to the special gain Or 1088 of a principal {other than a government agencyl by whom he or she is retained
! (Including the parent organization Or subsidiary of a corporate principel by which be Or sbe is retained); to tbe apecíal private gain Or
108. of a relative; or to the special private gain or 1088 of a busineu aaeoc:íate. Commí88Íonen of community redevelopment agencies
under See. 163.356 or 163.357, F.S., and officers of independent special tax distric:ta eleeted on a one-acre, one-vote basie are not pro-
hibited from voting in that capacity.
Far pUrpolles of this law, a "relative" includes only the omcer's father, mother, eon, daughter, husband, wife, brother, sister. father-
In-law, mother-in-law, eon-in-Iaw, and daughter-In.law. A "businese aaeoeiate" meIUUI any penon or entity engaged in or c:arryíng on
a bUline.. enterprl.. with the oft"'cer aa a partner, joint venturer, coowner of'property, Or corporate sbll!'ebo1der (where the shares of
the corporation are not listed on any national or regional etoek excbenge).
.
.
.
.
.
.
.
.
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must díøeloee the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the asaembly the nature of your interest in the meaaure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing Ws form with the pel'flOn responsible for recording
the rninu~s of the meeting, who should incorporate the form in the minutes.
. f' . .
APPOINTED OFFICERS. ,
You must abstain from voting and disclose the conflict in the oituations described above and in the manner daseribed for electad om- I
cere. In order to participate in the.. mattera, you must disclose the nature of the conflict before making any attempt to influence the
decision, whether orsJly (1 " in writing and whether made by you or at YOUr direction.
IF YOU INTEND TO MAKE ANY ATl'EMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WInCH THE
VOTE WILL BE TAKEN: . , . .
" You must complete and file thii fonn (before making any attempt to influence the decleiòn) with the person responsible for
recording the minutes of the meeting, who will Incorporate the fonn in the minutes.
. A copy of the fonn must be provided immediately to the other memben of the agency,
. The fonn must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPf BY DISCUSSION AT THE MEETING:
. You must disclose ...ally the nature at your conflict in the me.....~e betore partieípating.
. You muat complete the form and file it within 115 clays after the vote ""tUn with the 1>"!'11011 r""ponllible for recording the
minutM of the meeting, who muat incorporate the fonn In the minutes, A copy of the form mU8t be pTovld.d immediately to the
other members of the agency, and the.fonn must be read.publícly at the non meeting after tþa.form is mId. . ,. ,
DISCLOSUFIE OHOCAL OFfICÈR'S INTEREST
1, L.tJ~ u.eßA Í"z. Wf I NðêRJ4. . hareby disclose that on jÐ'~~ ¡".
, .
.!ti~
(a) A meaaure earne or will come before my agency which (check one)
- inured to my special private gain or loes;
- inured to the special gain or loes of my bulline.. _iate,
- inul"8d to the apeclal gain or loes of my ra1ative,
~nured to the special gain or 10IIII of A-IIe:N 111""" Htf;'<"7lt1.. ~ t4-etHc.fk. ~7Iin. I ¡.t.r.if
whOl'llIal'll~~ f
- inured III the special gain or loes of
is tha parant organization or subsidiary of a principal which baa retained me.
(b) The ma..ure befora my agency and the nature of my conflicting interest in thal'lleasure is ae follows:
,by
. which
"rT'I:~ t -:1:>
Date Filed
q/ItJ!t£
NOTICE; UNDER PROVISIONS OF FLOlllDA STATUTES §112.SI7, A FAILURE TO MA)Œ ANY REQUIRED DISCLO-
SURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT. REMOVAL OR SUSPENSION PROM OFFICE OR EMPLOYMEN"l', DEMOTION. REDUCTION IN
SALARY. REPRIMAND. OR A CML PENALTY NOT TO EXCEED $10,000. .
CE FORM 88. REV, 1/95
PAGE 2
The City of
Aventura
-~.-
'..,Y
MINUTES
CITY COMMISSION MEETING
SEPTEMBER 8, 2005
Aventura Government Center
19200 W. Count,>, Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Susan Gottlieb. Present were Commissioners Bob Diamond, Billy Joel, Harry
Holzberg, Michael Stern, Luz Urbáez Weinberg, Vice Mayor Zev Auerbach, Mayor
Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney
David M. Wolpin. As a quorum was determined to be present, the meeting
commenced,
2. PLEDGE OF ALLEGIANCE: Chief Ribelled the pledge of allegiance.
3. PUBLIC HEARINGS: ORDINANCES: FIRST READING/PUBLIC INPUT -
2005/2006 BUDGET
A.
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING
AND ADOPTING THE CITY OF AVENTURA AD VALOREM TAX OPERATING
MILLAGE LEVY RATE AT 2.2270 MILS PER THOUSAND DOLLARS OF
TAXABLE ASSESSED PROPERTY VALUE, WHICH IS 15.00% ABOVE THE
ROLLED BACK RATE COMPUTED PURSUANT TO STATE LAW, FOR THE
2005 TAX YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and seconded by
Commissioner Joel. Mayor Gottlieb opened the public hearing. There being no
speakers, the public hearing was closed. The motion for approval passed
unanimously by roll call vote.
B.
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE
ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET, AS
REVIEWED AND APPROVED BY CITY COMMISSION AT THE REVIEW
MEETING HELD ON JULY 21, 2005, AS THE CITY OF AVENTURA FINAL
BUDGET FOR THE 2005/2006 FISCAL YEAR, PURSUANT TO SECTION 4.05
OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS
ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY
CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING
FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING
FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND PROVIDING
FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Joel and seconded by
Commissioner Holzberg. Mayor Gottlieb opened the public hearing. There being
no speakers, the public hearing was closed. The motion for approval passed
unanimously by roll call vote,
Mr. Soroka announced that the second budget public hearing is scheduled for
September 22, 2005 at 6 p.m.
4. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 6:06 p.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a 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 inetudes the testimony and evidence upon which the appeal is to be based.
2
The City of
Aventura
-il-
'",/
MINUTES Aventura Government Center
COMMISSION WORKSHOP MEETING 19200 W. Country Club Drive
SEPTEMBER 15, 2005- 10 A.M. Aventura, Florida 33180
CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan
Gottlieb at 10 a.m, Present were Commissioners Bob Diamond, Harry Holzberg, Billy
Joel, Michael Stern, Luz Urbáez Weinberg (arrived at 10:15 a.m.), Vice Mayor Zev
Auerbach, Mayor Gottlieb, City Manager Eric M, Soroka, City Clerk Teresa M. Soroka,
and City Attorney David M. Wolpin. As a quorum was determined to be present, the
meeting commenced.
At her request, Mr. Wolpin noted that Mayor Gottlieb has disclosed that her son is
employed by a law firm doing business for Gulfstream Park and that from time to time
she may be unable to conduct meetings or vote on certain items relative to this matter.
However, it was his opinion that she could conduct today's meeting.
1. GULFSTREAM PARK DRI UPDATE (Citv Manaqer): The city's special counsel,
John Shubin, Esq., provided an update on this project. Planning Director Joanne
Carr reviewed the changes in the new DRI application submitted by Gulfstream.
CITY MANAGER SUMMARY: Consensus that counsel and City Manager proceed
with pursuing binding letter of interpretation, aggregation and east-west roadway
issues,
6. AVENTURA MALL EXPANSION ISSUES (Taken out of order): Jeff Bercow, Esq.,
representing the Aventura Mall, addressed the Commission and requested
amendment to the City's regulations to provide less restrictive landscaped open
space and parking requirements.
CITY MANAGER SUMMARY: Consensus that staff and Mall representatives
discuss amicable amendments to the Code for review and approval by the
Commission at a future meeting.
2. PROCEDURES FOR ISSUING KEYS TO THE CITY: Mr. Wolpin discussed a
proposed resolution, drafted as directed by the Commission, that would set forth
criteria and procedures for award of keys to the City.
CITY MANAGER SUMMARY: Consensus to proceed with placement on the next
agenda with amendments to address the concerns expressed by the Commission,
3. MAYOR ON THE MOVE (Mavor Gottlieb): Mayor discussed her desire to make
herself and the Manager available to condominiums/homeowners' organizations
within the City to provide City updates.
CITY MANAGER SUMMARY: Consensus to proceed after January 2006, if
requested, but not to be solicited.
4. REQUEST REGARDING COUNTY POLICE FOR HAULOVER PARK: Mayor
discussed a request from the President of South Florida Free Beaches to support
the budgeting of uniformed Miami-Dade County Police Officers in Haulover Park.
. ,--"---,--...,,----..---- ...
CITY MANAGER SUMMARY: Consensus for City Manager to discuss with County
officials and report back to the Commission,
5. SHUTTLE BUS CITY (Commissioner Auerbach): Commissioner Auerbach noted
his participation and that of the Mayor and City Manager, in meetings with other
municipalities regarding traffic and discussed the City's possible participation, He
then suggested the City initiate a program to expand and perfect shuttle bus service,
and heighten its awareness so that it becomes a viable alternative to using personal
vehicles in the City, thereby reducing traffic congestion,
CITY MANAGER SUMMARY: Consensus to monitor meetings with other cities and
discuss the City's participation therein, if any, at a future meeting. Concept of
"shuttle bus city" to be discussed at a future Workshop Meeting,
The October Workshop meeting was scheduled for October 11, 2005 immediately
following the regular Commission meeting.
The January regular meeting was scheduled for January 10, 2006 at 6 p.m.
Commissioner Diamond requested and received consent of the Commission to
discuss an additional item. He relayed a phone call he received from a constituent
who witnessed an unpleasant conversation between a member of the City
Commission and the City Clerk. He reminded the Commission that employees
should be treated with professionalism and respect, and that personnel matters
should be discussed in private. The Commission unanimously concurred,
7. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 12:45.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing
wi¡¡ 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.
2
I I
---u---.--.--- .....--,.u.--....---..-..
The City of
AVentura
-~j-
'..,Y
MINUTES
CITY COMMISSION MEETING
SEPTEMBER 22, 2005 6 P.M.
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Susan Gottlieb, Present were Commissioners Bob Diamond, Billy Joel, Harry
Holzberg, Michael Stern, Luz Urbáez Weinberg, Vice Mayor lev Auerbach, Mayor
Gottlieb, City Manager Eric M, Soroka, City Clerk Teresa M. Soroka and City Attorney
David M. Wolpin. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE: Morton Moslow led the pledge of allegiance.
3. PUBLIC HEARINGS: ORDINANCES: SECOND READING. 2005/2006 BUDGET
A.
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING
AND ADOPTING THE CITY OF AVENTURA AD VALOREM TAX OPERATING
MILLAGE LEVY RATE AT 2.2270 MILS PER THOUSAND DOLLARS OF
TAXABLE ASSESSED PROPERTY VALUE, WHICH IS 15.00% ABOVE THE
ROLLED BACK RATE COMPUTED PURSUANT TO STATE LAW, FOR THE
2005 TAX YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and seconded by
Commissioner Joel. Mayor Gottlieb opened the public hearing. The following
individuals addressed the Commission: Alex Calberstein, 20185 West Country
Club Drive and Morton Moslow. There being no further speakers, the public
hearing was closed. The motion for approval passed unanimously by roll call
vote and Ordinance No. 2005-12 was enacted.
B.
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE
ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET, AS
REVIEWED AND APPROVED BY CITY COMMISSION AT THE REVIEW
MEETING HELD ON JULY 21, 2005, AS THE CITY OF AVENTURA FINAL
BUDGET FOR THE 2005/2006 FISCAL YEAR, PURSUANT TO SECTION 4.05
OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS
ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY
CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING
FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING
FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND PROVIDING
FOR AN EFFECTIVE DATE.
I I --------,---,--,-------'--..--..
.. 'T ..
A motion for approval was offered by Commissioner Holzberg and seconded by
Commissioner Stern. Mayor Gottlieb opened the public hearing. There being no
speakers, the public hearing was closed, The motion for approval passed
unanimously by roll call vote and Ordinance No. 2005.13 was enacted.
4. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 6:13 p,m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a 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.
2
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE:
City Commission ft
Eric M, Soroka, ICMA-CM, City M " a
September 12, 2005
Resolution Declaring Equipment Surplus
TO:
FROM:
SUBJECT:
October 11, 2005 Commission Meeting Agenda Item ..k.:ß
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution declaring
certain property in the Police Department as surplus to the needs of the City.
BACKGROUND
Section 2-258 of the City Code of Ordinances provides that any property owned by the
City which has become obsolete or which has outlived its usefulness may be disposed
of in accordance with procedures established by the City Manager, so long as the
property has been declared surplus by a resolution of the City Commission.
If you have any questions, please feel free to contact me,
EMS/act
Attachment
CC01416-052
RESOLUTION NO. 2005--
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 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.
adopted herein.
Recitals Adopted. The above recitals are hereby confirmed and
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,
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:
This Resolution shall become effective immediately upon its
Commissioner lev Auerbach
Commissioner Bob Diamond
Commissioner Billy Joel
Commissioner Harry Holzberg
Commissioner Michael Stern
Commissioner Luz Urbåez Weinberg
Mayor Susan Gottlieb
. ,
, ---,--r---.--
Resolution No. 2005--
Page 2
PASSED AND ADOPTED this 11th day of October. 2005.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M, SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ff~
CITY ATTORNEY
£ý.H-1 g/ r 'A"
CITY OF AVENTURA
POLICE DEPARTMENT
SUBJECT: Surplus Property
I would like to have the below listed city property declared Surplus Property as
per City of Aventura APDP, Chapter 6, Subsection 5, Page 1 as these items
have become inadequate for public purposes:
Vehicles and trailer:
Vehicle 3942: 1999 Ford: VIN 2FAFP71W6XX148477
Vehicle 2295: Jet Ski: VIN US-CECO5297B202
Trailer 2294: Jet Ski trailer: VIN 5KTBS15122FO61807
Miscellaneous equipment:
9- set of rear door panels.
9-Rear bottom seats
7-Rear back seats
6-pro-gard partition
7- Street hawk light bars
1-Code 3 light bar
8 lap top center consol
I request that the above items be disposed of and removed from the asset
records of the city.
CITY OF A VENTURA
OFFICE OF THE CITY ATIORNEY
OFFICE OF THE CITY MANAGER
MEMORANDUM
To:
City Commission
From: Eric M. Soroka, City Manager and David M. Wolpin, City Attorney
Date: October II, 2005
Re:
Settlement Agreement between the City of Aventura and Aventura-Ensenada, Inc. and
Aventura Land and Development Corporation
October 11,2005 City Commission Meeting Agenda Item 6-C
Recommendation:
It is recommended that the City Commission approve the attached proposed Settlement
Agreement between the City and Aventura-Ensenada, Inc. and Aventura Land and Development
Corporation.
Background:
The Settlement Agreement is intended to serve as a means of resolving the litigation
which is presently pending in the Miami-Dade County Circuit Court and is described in Recital
(J) on page 2 of the Settlement Agreement (attack on 1999 rezoning), as wen as the certiorari
proceeding (attack on 2004 rezoning denial) which is described in Section 5 of the Settlement
Agreement.
As a separate item on this Commission Agenda, the City Commission win consider the
rezoning of the one-half acre Upland Parcel (known as the "George Berlin Park") from
Community Facilities Zoning District to RS2 Zoning District to enable the construction of five
(5) single family homes, and the rezoning of the Canal Parcel from the RMF4 zoning
classification to the CNS zoning classification to enable five (5) boat slips and associated docks
to be installed to serve the proposed residences on the Upland Parcel.
The consideration of the above-described rezoning constitutes a quasi-judicial decision of
the City Commission. Accordingly, the City Commission does not in any way commit itself to
approve or grant the rezoning, by the approval of the Settlement Agreement, but instead simply
agrees to process and consider the proposed rezoning in accordance with the applicable
requirements of law as provided by the City Code criteria pertaining to the grant or denial of
rezoning applications. The decision to grant or deny the rezoning shall be based solely upon the
substantial competent evidence presented during the course of the quasi judicial proceedings in
accordance with Section 34-31 of the City Code.
The Settlement Agreement is beneficial in that, if ultimately implemented, it provides
that both the Upland Parcel and Canal Parcel will be respectively developed with only five (5)
single family homes and their accessory use boat slips/docks.
If you have any questions, please feel free to contact me.
SETTLEMENT AGREEMENT
Aventura-Ensenada, Inc. ("AE!"), Aventura Land and Development Corporation
("ALDC"), and the City of Aventura, Florida, ("CITY"), enter into this Settlement Agreement
("Agreement"), effective as of October I, ZOOS, as follows:
RECITALS
(A)
AEI is a corporation duly organized under the laws of the State of Florida,
ALDC is a corporation duly organized under the laws of the State of Florida.
(B)
(C)
CITY is a duly organized Florida municipal corporation.
(D)
AEI is the current fee simple owner of title in and to the .5 I-acre "' parcel located
at the northeastern comer of the intersection ofN. Country Club Drive, and N. E, 34th Avenue, in
the City of Aventura, Florida, which parcel has been commonly referred to as "George Berlin
Park" for some time and is described on Exhibit "1" which is attached hereto and by this
reference is made a part hereof (hereinafter the "Upland Parcel");
(E)
ALDC is the current fee simple owner of title in and to a 5.4-acre:f: parcel situated
within the east-west canal located in close proximity to the north and east of the Upland Parcel,
which parcel is described as Exhibit "Z" which is attached hereto and by this reference is made a
part hereof, (hereinafter the "Canal Parcel");
(F)
The CITY is a Florida municipal corporation having jurisdiction over lands within
northeastern Miami-Dade County, Florida, including the Upland Parcel and the Canal Parcel.
(G)
From the time AEI purchased the Upland Parcel, until July 13, 1999, the Upland
Parcel was subject to zoning regulations promulgated by Miami-Dade County, Florida (flkla
Dade County, Florida) under the County's zoning code (the "County Code"), From the time of
the incorporation and creation of the City on November 7, 1995, the CITY applied and utilized
the previously existing County Code Zoning District Regulations until July 13, 1999. From its
acquisition by AEI until July 13, 1999, the Upland Parcel was zoned for multifamily residential
and hotel uses under the County's "RU-4A" zoning classification, and was designated under the
County's Comprehensive Plan for medium high density residential uses.
(H)
On July 13, 1999, the CITY through its CITY Commission adopted Ordinances
99-09 and 99-10, which together operated on their face to supplant the County Code with a
zoning code (Ordinance 99-09) and a zoning map (Ordinance 99-10) promulgated by the CITY
(the "CITY Code"). Upon its adoption of the CITY Code, and pursuant to its zoning map, the
CITY inter alia altered the zoning governing the Upland Parcel by changing the Upland Parcel's
zoning classification from the County's "RU_4A" zoning district (multifamily residential and
hotel uses; medium high density residential uses) to the CITY's "Community Facilities Zoning
District" [currently set forth in Section 31-147 of the CITY Code]. Pursuant to the future land
use element of the Comprehensive Plan of the CITY, the Upland Parcel is depicted as "medium-
high density residential" in the future land use map.
(I)
Under the CITY's zoning code and zoning map as enacted in July 1999 and to
date, ALDC's Canal Parcel has been classified within the CITY's "RMF4 Zoning District"
[currently set forth in Section 31-143(f) of the CITY Code]. Pursuant to the future land use
element of the Comprehensive Plan of the CITY, the Canal Parcel is depicted as "water" in the
future land use map.
(1)
In June ZO03, AEI commenced a civil action in Miami-Dade County Circuit
Court, styled Aventura-Ensenada, Inc. vs. CITY of A ventura, Florida, Case No, Case No. 03-
14305 CA 27 (the "AEI Litigation"), seeking to invalidate the CITY's Ordinances 99-09 and 99-
10, at least to the extent those Ordinances affected the Upland Parcel or, alternatively, seeking
Z
damages against the CITY through an inverse condemnation claim, most recently through its
Amended and Supplemental Complaint.
(K)
The CITY responded to AEI's Amended and Supplemental Complaint by denying
certain al1egations and asserting certain affirmative defenses.
(L)
AEI and the CITY have conducted significant discovery in this proceeding,
including the exchange of documentation and/or information concerning the al1egations
contained in the Amended and Supplemental Complaint, and the defenses thereto asserted by the
CITY. AEI and the CITY believe that continued litigation, in all likelihood, would be highly
contested, fact-intensive, and costly,
(M)
In an effort to reach an amicable resolution of the AEI Litigation, AEI and the
CITY participated in a lengthy mediation conference and, after good faith, arm's length
negotiations, and without collusion, AEI and the CITY agreed to resolve the claims raised in the
AEI Litigation and to permit private development on the Upland Parcel on the terms and
conditions set forth in this Agreement.
(N)
The CITY has also negotiated an agreement with ALDC concerning the nature
and extent of private development of the Canal Parcel.
(0)
The signatories to this Agreement represent and warrant to each other that they
have the ful1 power and authority of their principals to execute and to perform their respective
obligations under this Agreement and, where appropriate, have obtained the requisite corporate
authority to enter into this Agreement.
NOW, WHEREFORE, premises considered, it is hereby stipulated, consented to and
agreed, by and between AEI and the CITY, and by and between ALDC and the CITY, and by
and between AEI and ALDC, as follows:
3
AGREEMENT AS TO UPLAND PARCEL CAEI AND CITY)
1.
The CITY agrees to allow the necessary relocation by AEI, within the relocation
area depicted on Exhibit "3" which is attached hereto and by this reference is made a part hereof,
of the drainage easement affecting the subject Upland Parcel, at AEI's sole cost and expense, and
the reduction of the easement width from 20 feet to 15 feet.
2,
At the request and initiative of AEI, the CITY staff will act as Applicant, and
provide a positive staffrecommendation, for the rezoning of the Upland Parcel from the CITY's
Community Facilities Zoning District to the CITY's Single-Family Residential District (RS2)
designation, in order to permit the private construction and development of five single-family
dwelling units (with 2 entrance doors to each of the single family units), subject to RS2 Zoning
site criteria. Although CITY shall act as the Applicant, all costs and expenses of the rezoning
shall be paid for by AEI. This includes all costs of the provision of public notice through
publication, mailings and posting at the premises. This cost responsibility of AEI also includes
all impact fees and additional school impact mitigation fees, if any, required by the Miami-Dade
County School Board for the five (5) single family units.
3.
A.
Upon the CITY Commission approval of the above-described rezoning,
AEI and the CITY do not anticipate that any variances, special exceptions or related land use
approvals shall be required to permit the design and construction of these five (5) dwelling units
on the Upland Parcel other than as specified in this Agreement.
The CITY does not know of
any impediment to the permitting and construction anticipated herein; however, if AEI or the
CITY discovers that any impediments do exist, that party shall notify the other promptly and
shall cooperate fully in removing the impediment to allow the agreed-upon construction subject
to the requirements and procedures of applicable law,
4
B,
The parties recognize that the consideration of the rezoning from
Community Facilities Zoning District to RS2 Zoning District constitutes a quasi-judicial decision
of the CITY Commission, and that accordingly, the CITY Commission does not hereby commit
itself to approve or grant the rezoning, but instead simply agrees to process and consider said
rezoning in accordance with the applicable requirements of law as provided by the CITY Code
criteria pertaining to the grant or denial of rezoning applications. The decision to grant or deny
the rezoning shan be based solely upon the substantial competent evidence presented during the
course of the quasi-judicial proceedings in accordance with Section 34-31 of the CITY Code.
4,
Site plan issues and other CITY approvals relating to the Upland Parcel shan, in
an instances, be advanced by the CITY such that the end result, acquisition of building permits,
shan not be delayed, subject to the applicable zoning and Building Code provisions and in
accordance with law. CITY commits itself to expeditiously process and consider any necessary
CITY approvals, in accordance with law.
5.
Upon final approval by the CITY of the rezoning of the Upland Parcel from the
CITY's Community Facilities Zoning District to its RSZ designation as proposed hereunder, and
fonowing the expiration of the time for an appeal from that rezoning by any interested party (or,
if an appeal or other contest is pursued, upon the final disposition thereof), the parties shan file a
Stipulation of Dismissal of the AEI Litigation which shan provide that the AEI Litigation is
dismissed with prejudice, that the Court is requested to retain jurisdiction to enforce this
Agreement, and that each party shan bear its own attorneys' fees and costs, In addition, and in
that event, AEI shan also dismiss with prejudice its Petition for Writ of Certiorari pending in the
Miami-Dade Circuit Court, Appenate Division, styled Aventura-Ensenada. Inc. v. CITY of
5
A ventura, Florida, Case No. 04-280 AP. Upon such dismissal, each party shall bear its own
attorney's fees and costs,
6.
In consideration for the agreements made by AEI within this Agreement, the
CITY further covenants and agrees, except as described below, to waive any rights to institute
eminent domain proceedings concerning the Upland Parcel or to take any action that would limit,
impair, obstruct or prevent the private development of the Upland Parcel which is expressly
contemplated by AEI and the CITY under this Agreement. Without limiting the effect of this
paragraph, the CITY expressly represents and covenants that the CITY shall not seek to acquire
the Upland Parcel through eminent domain proceedings if and when the Upland Parcel is
rezoned to the CITY's RS2 designation. However, these restrictions upon acquisition or the
exercise of the power of eminent domain shall not be construed to prevent the future acquisition
of the Upland Parcel or the utilization of the power of eminent domain, in the event that future
circumstances indicate that in order to protect the public health, safety or welfare, it is necessary
to utilize the power of eminent domain so as to acquire a portion or whole of the Upland Parcel,
under the same circumstances in which the CITY may utilize the power of eminent domain to
acquire privately owned property within any portion of the CITY in the exercise of its lawful
authority. Further, this paragraph (6) shall not, in any way, preclude the CITY from utilizing the
power of eminent domain to acquire a public utility easement in a portion of the Upland Parcel,
so long as such easement does not prevent the development and occupancy of the five (5) single
family dwelling units which are envisioned.
7.
In the event, and for whatever reason, AEI is not permitted by any governing
authority (including the CITY) to construct the five (5) dwelling units as provided under this
Agreement, and/or if the CITY elects prior to the construction of the five (5) single family homes
6
to rezone the Upland Parcel from RS2 to any other zoning classification that further limits or
prevents private development on the Upland Parcel, this Agreement as it relates to the Upland
Parcel shall be rendered null, void and of no further force and effect, and AEI and the CITY (and
the Upland Parcel) shall all revert to their rights and status that existed as of the Effective Date of
this Agreement, without limitation. In that event, AEI and the CITY shall be permitted to pursue
any rights and remedies they possessed as of the Effective Date of this Agreement without
limitation, Furthermore, and in that event, neither AEI nor the CITY shall interpose any
objection or defense to the other's pursuit of rights or remedies based on the running of any
statutes oflimitation or repose, or any other legal or equitable principles, based on the passage of
time since the Effective Date of this Agreement. For a period of two (Z) years after the
execution of this Agreement, the CITY covenants and agrees, to the fullest extent authorized by
law, that no governmental actions taken by the CITY (whether legislative or administrative) shall
have any limiting effect whatsoever on the rights and benefits of AEI or the Upland Parcel as
preserved under this Agreement to build and sell five (5) single family dwelling units, subject to
the requirements of the CITY code.
AGREEMENT AS TO CANAL PARCEL (ALDC and CITY)
8.
A.
The CITY staff shall support ALDC's application to governing authorities
(e,g., Miami-Dade County DERM and/or Army Corps of Engineers) to construct five (5) boat
slips and associated docks (the "Five Slips") in or on the Canal Parcel owned by ALDC
consistent with the terms, conditions and provisions of applicable rules and regulations of
Miami-Dade County/DERM and/or other governmental agencies having jurisdiction over such
construction. ALDC hereby reserves the right to construct additional boat slips and docks (the
"Other Slips") in or on the Canal Parcel, beyond the Five Slips, in accordance with the City
7
Code, Building Code and other regulatory agency approvals for the purpose of serving as
accessory uses to residences located to the north or south of the Canal Parcel. Except for the
Five Slips and the Other Slips, AEI and ALDC and their principals agree that they shall not seek
to develop or build any other structures on the Canal Parcel or on any other portion of the canal
with adjoins or connects to the Canal Parcel. Further, upon construction of the Five Slips as
provided under this Agreement, and in strict reliance upon the CITY's representations and
covenants set forth in this Agreement, ALDC agrees for itself, its successors and assigns, to
waive and abandon any other land development rights for construction of any structure (except
for the Other Slips) in or on the Canal Parcel. Further, AEI and ALDC agree that the Five Slips,
shall be used exclusively, as accessory uses, by the owners of the five (5) single family dwelling
units which are to be developed on the Upland Parcel pursuant to this Agreement, and CITY
shall require that a unity oftitJe be executed and recorded so as to tie each of the Five Slips to a
specific single family home in order to facilitate CITY's enforcement of this restriction.
B,
As to the Five Slips, the CITY agrees to be a co-applicant with ALDC to the
extent required by any governmental authorities including Miami-Dade County DERM,
In
consideration for the CITY executing a Class I DERM Permit Application for the Five Slips in
CITY's capacity as an upland property owner, ALDC and AEI hereby agree that they and their
successors
and assigns shall defend, indemnify and hold harmless the CITY and CITY's
officers, agents and employees from any demand, claim, damage, liability, cost or expense
(including attorneys fees and costs in any administrative or court proceedings) which demand,
claim, damage, liability, cost or expense in any way arise out of the DERM Permit or out of the
improvement or use of the canal to which the DERM Permit pertains, regardless of CITY's
negligence or of the negligence of CITY's officers, agents and employees, This covenant shall
8
be supported by comprehensive general liability insurance coverage obtained and consistently
maintained by ALDC and AEI , at their sole cost and expense, and shall be in a minimum
amount of One Million Dollars, combined single limit coverage, for personal injury, including
death, and property damage liability, in a form ,substance and sufficiency of insurer which is
approved by CITY's risk management division,
Proof of the required insurance shall be
provided to CITY at all times by ALDC and AEI filing a Certificate of Insurance with the
CITY's risk management division as may be reasonably requested by the CITY. The CITY and
CITY's officers, agents and employees shall be named as additional insured, In the event that
CITY is requested by ALDC to execute a Class I DERM permit for the Other Slips in the
Canal Parcel, CITY may likewise first require indemnification and insurance as is
required above.
C.
The provisions of this section 8 (A-D, inclusive) shall be further implemented by
the execution and recordation of a Declaration of Restrictive Covenants ( the "Declaration") by
ALDC and AEI as owners of the Upland Property and Canal Parcel (the "Property"), which
instrument shall run with the Property and shall bind ALDC and AEI, their successors and
assigns and any subsequent owners of the Property, to comply with this section, so that the
interests of the CITY are protected. The Declaration shall be in a form and substance which is
approved by the CITY Attorney,
D,
In the event the Five Slips and/or the Other Slips are constructed in or on the
Canal Parcel along N.E. 207th Street, the CITY agrees to expeditiously process and consider
ALDC's permit application for access across the right-of-way between N,E. Z07th Street and the
Canal Parcel, including curb-cuts along the southern edge ofN,E. 207th Street to provide access
for the disabled to the boat slips and associated docks (the costs of any striping or curb-cuts shall
9
be borne by ALDC). Access to the Canal Parcel over or through N.E. 207th Street shall be
subject to application for and approval of a public works permit ITom the CITY's Community
Services Department. This application for a public works permit must include civil engineering
plans to show any improvements or construction that are proposed to be located in the CITY
right-of-way. The application shall be subject to approval of the CITY Engineer, and the CITY
Engineer may attach such conditions which he finds warranted to assure that approval of the
public works permit will be in the public interest and in accordance with the CITY Code.
9.
A.
Prior to the construction of the Five Slips as provided under this Agreement, at
the request and initiative of ALDC, the CITY staff shall act as Applicant, and provide a positive
staff recommendation to the CITY Commission, for the rezoning of the Canal Parcel ITom the
CITY's RMF4 zoning classification to its CNS zoning classification. The parties recognize that
the consideration ofthe rezoning ITom RMF4 to CNS Zoning District constitutes a quasi-judicial
decision of the CITY Commission, and that accordingly, the CITY Commission does not hereby
commit itselfto approve or grant the rezoning, but instead simply agrees to process and consider
said rezoning in accordance with the applicable requirements of law as provided by the CITY
Code criteria pertaining to the grant or denial of rezoning applications. The decision to grant or
deny the rezoning shall be based solely upon the substantial competent evidence presented
during the course of the quasi-judicial proceedings in accordance with Section 34-31 of the
CITY Code.
All costs of the processing of the application and which result ITom the
implementation of the application, shall be borne by ALDC, not the CITY.
B.
As to the rezoning for the Canal Parcel, the City staff shall recommend to the City
Commission that the rezoning ordinance shan provide that the rezoning shan not be effective
unless and until the owner of the Canal Parcel receives the required DERM Permit for the Five
10
Slips. In the event that the City Commission adopts the rezoning but does not include the above
stated condition precedent on the effectiveness of the rezoning, ALDC may elect to immediately
opt out of this Settlement Agreement or to require the City staff to withdraw the rezoning
application prior to final City Commission action thereon.
c.
Further, ALDC recognizes that the rezoning application for the Canal Parcel shall
be withdrawn, as moot, in the event that the rezoning for the Upland Parcel is denied.
10.
A. In the event, and for whatever reason, except as specified below, ALDC is not
permitted by any governing authority (including the CITY) to construct the Five Slips as
provided under this Agreement, this Agreement as it relates to the Canal Parcel shaH be rendered
null, void and of no further force and effect, and ALDC and the CITY (and the Canal Parcel)
shall all revert to their rights and status that existed as of the Effective Date of this Agreement,
without limitation. In that event, ALDC and the CITY shall be permitted to pursue any rights and
remedies they possessed as of the Effective Date of this Agreement without limitation,
Furthermore, and in that event, neither ALDC nor the CITY shall interpose any objection or
defense to the other's pursuit of rights or remedies based on the running of any statutes of
limitation or repose, or any other legal or equitable principles, based solely on the passage of
time since the Effective Date of this Agreement.
B.
However, in the event that ALDC is not permitted by any governing authority to
construct the Five Slips as provided under this Agreement because of a failure of ALDC to
diligently pursue its application for such approval or to comply with the conditions of such
approval, the provisions of this Agreement by which ALDC agrees not to attempt to make any
development of the Canal Parcel, other than the establishment of Five Slips and/or the Other
Slips, shall continue to be in full force and effect so long as CITY has abided by its obligation
II
under this Agreement concerning the Canal Parcel. ALDC agrees to make application to DERM
regarding the Five Slips within ninety (90) days of issuance of a certificate of occupancy for any
ofthe five (5) residences on the Upland Parcel.
C.
For a period of two (2) years following the execution of this Agreement, the
CITY covenants and agrees to the fullest extent authorized by law that no governmental actions
taken by the CITY shall have any limiting effect whatsoever on the rights and benefits of ALDC
or the Canal Parcel as preserved under this Agreement to build Five Slips for the purpose of
serving the five (5) single family dwelling units to be constructed on the Upland Parcel.
However, this shall not preclude the CITY nom amending the CITY Comprehensive Plan to
clarify that parcels within the CITY which are designated as "water" within the future land use
element of the Comprehensive Plan are not amenable to development activities other than the
type of boat slips and dock development activities which are authorized herein and the CNS
Zone compatible uses. Further, CITY commits itself to expeditiously process and consider any
other necessary CITY approvals for the Five Slips in accordance with law.
GENERAL PROVISIONS
II.
All rules and regulations governing the confidentiality of this document and the
final resolution of this controversy shan be governed by, and be protected by, Florida law as the
same pertains to mediation obligations imposed on an parties, No evidence of the actions
proposed herein, including any presentations in any public forum related to the approval and
implementation of these terms and conditions, shalJ be admissible by either party on the merits of
the claims in the AEI Litigation or regarding any other rights or remedies secured or preserved
under this Agreement. However, this shalJ not prevent or preclude any of the parties herein from
utilizing evidence or presentations nom the public hearings conducted on the rezonings
12
envisioned herein in defense of the decision made or actions taken upon said rezonings by the
CITY Commission.
12.
This Agreement, and any of the specific items, covenants, and conditions
contained herein, may not be waived, changed, altered or modified except by an instrument in
writing signed by all the parties against whom enforcement of such change is sought. The CITY
Manager shall be authorized to act for the CITY in the implementation of this paragraph 12 upon
approval of the CITY Attorney as to the form and legal sufficiency of such action by the CITY
Manager.
13.
The parties agree that this Agreement shall be rendered binding only upon
execution by all of the parties hereto, and following required approvals of the Agreement by the
CITY in accordance with applicable Florida laws and CITY Code provisions, and upon approval
by the Circuit Court. The parties agree that if the CITY or the Circuit Court does not approve this
Agreement, then it shaH be of no further force or effect, and the parties hereto (and the Upland
Parcel and the Canal Parcel) shaH retain their legal and equitable positions and status as if this
Agreement was never executed.
14.
The "Effective Date" of this Agreement shaH be October I, 2005.
IS.
Wherever possible, each provision of this Agreement shaH be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of this Agreement
shaH be prohibited or invalid under applicable law, such provision shaH be ineffective to the
extent of such prohibition or invalidity, without invalidating the remainder of such provision or
the remaining provisions of this Agreement, provided that the material purposes of this
Agreement can be determined and effectuated. This severability provision shaH not operate to
13
impair, limit or affect any specific provisions of this Agreement that are expressly inter-
dependent.
16.
The rights, benefits and detriments inuring to AEI and ALDC under this
Agreement shall be fieely assignable at the sole election of AEl or ALDC, and shall run with the
Upland Parcel, and the Canal Parcel, respectively,
17.
This Agreement shall in all respects be construed in accordance with the laws of
the State of Florida applicable to contracts made and to be perfonned wholly within the State of
Florida. Venue for any litigation hereunder shall be in the Circuit Court of the Eleventh Judicial
Circuit in and for Miami-Dade County, Florida.
18.
This Agreement may be executed in any number of counterparts and by different
parties hereto in separate counterparts, each of which when so executed shall be deemed to be an
original and all of which taken together shall constitute one and the same Agreement. Delivery
of an executed counterpart of a signature page to this Agreement by facsimile shall be effective
as delivery of a manually executed counterpart of this Agreement.
19.
This Agreement shall be deemed to have been jointly drafted by the parties, and in
construing and interpreting this Agreement, no provision shall be construed and interpreted for or
against any of the parties because such provision or any other provision of the Agreement as a
whole is purportedly prepared or requested by such party.
20,
In the event any party to this Agreement is required to take any action to enforce
the Agreement as against another party hereto, the prevailing party in any such litigation shall be
entitled to recover those reasonable professional fees and expenses incurred to enforce the
Agreement.
21.
AEl and ALDC recognize that each of the rezoning applications described above
14
are being initiated at the request of AEI and ALDC, with the City acting as the applicant, on
behalf of AEI and ALDC, respectively, and that accordingly, AEI and ALDC hereby waive
written mailed notice of the rezonings pursuant to Section 166.041 (3)( c)(1), Florida Statutes,
which would otherwise apply to CITY initiated rezonings of an aggregate of less than ten (10)
contiguous acres ofland,
22.
In the event that the CITY Commission, in accordance with the CITY Code
criteria, grants the rezonings of the Upland Parcel and Canal Parcel which are described herein,
the parties hereto shall cooperate and work together to defend the action of the CITY
Commission in the event of any challenge by any other person, firm or entity, Further, in such
event, during the course of any such challenge to the CITY Commission decisions, AEI shall
take no action to further pursue the AEI litigation or the Petition for Writ of Certiorari identified
in paragraph (5) above, prior to the final adjudication of any such challenge, unless compelled to
do so by court order.
23.
Upon the approval by the Circuit Court of this Agreement, the parties shall
exchange mutual releases waiving and relinquishing any and all causes of action or claims
between the parties which in any way arise out of or pertain to the zoning, land use or
development status of the Upland Parcel or the Canal Parcel, other than the right to enforce this
Agreement and to pursue any rights or remedies which are conditionally reserved by this
Agreement. The form of the mutual releases shall be subject to the review and approval of
counsel for the parties,
24. The Circuit Court shall be requested to retain jurisdiction to enforce the terms of this
Agreement in all respects.
STIPULATED AND AGREED BY:
15
A VENTURA-ENSENADA, INc.,
a Florida corporation
CITY OF A VENTURA, FLORIDA,
a Florida municipal corporation
By:
Print:
By:
Eric M, Soroka, City Manager
Its:
Pursuant to Resolution No. 2005--
A VENTURA LAND AND
DEVELOPMENT CORPORA nON,
a Florida corporation
Approved as to fonn and legal sufficiency:
By:
City Attorney
Print:
Its:
Approved as to fonn and legal sufficiency:
AEI/ ALDC Attorney
F,IJooIJ28001IAventurn-Ensenada Settlement Agreement DMW Clean Version 10.IO.O5.DQC
16
EXHIBIT "1" TO SETTLEMENT AGREEMENT
MADE BETWEEN
A VENTURA-ENSENADA INC (AEI)
A VENTURA LAND AND DEVELOPMENT CORPORATION (ALDC)
AND
CITY OF A VENTURA, FLORIDA
Legal Description of Land
A PARCEl OF LAND DESCRIBED AS A PORllON OF lRACT 'F' OF FIRST ADDmON BISCAYNE YACHT AND COUNlRY CLUB, ACCORDING TO THE PLAT
THEREOF, AS RECORDEO IN PLAT BOOK 89 AT PAGE 100 OF THE PUBUC RECORDS OF DADE COUNTY (NOW MIAMI-DADE COUNTY), FLORIOA, IoIORE
PARllCUlARlY DESCRIBEO AS FOlLOWS:
COMMENCE AT THE WEST 14 CORNER OF SECllON 35. TOVrNSHIP 51 SOUTH. RANGE 42 EAST CITY OF A'ÆNlURA, MIAMI-DADE COUNTY. FLORIDA:
THENCE SO2'OO'25"E fOR 1.60 fEET TO A POINT OF CURVAlURE OF A CIRCULAR CURVE CONCAIJE TO THE NORTHWEST; THENCE ALONG 1HE ARC OF
SAID ClJRIJE, HAiliNG A RADIUS OF 1091.35 fEET AND A CENtRAL ANGlE OF 10'19'4,}' fOR 198,74 fEET TO A POINT ON SAID CURIIE; THENCE
S81'40'42"E ON A UNE RADIAL TO THE POINT ON CURIJE fOR 50.00 fEET TO A POINT ON THE BOUNDARY OF SAID TRACT 'f:' THENCE soe'9'18'W
FOR 1.69 fEET TO THE POINT OF BEGINNING OF SAlO PARCEl OF LAND; THENCE ALONG THE BOUNOARY OF SAID 1RACT 'f" FOR 1HE FOlLOWING
THREE (3) COURSES; (I) THENCE CONllNUE soe'9'18'W fOR 96.00 fEET TO A POINT OF CURVAlURE OF A CIRCUlAR CURIJE CONCAIJE TO THE
NORTHEAST: (2) THENCE ALONG THE ARC or SAID CURIJE, HAiliNG A RADIUS or 50,00 fEET AND A CENlRAL ANGlE or 90'00'00' fOR 78.54 fEET
TO THE POINT or TANGENCY; (3) THENCE 581'4O'42"E fOR 106.00 fEET TO A POINT ON SAlO BOUNOARY or lRACT "r,' THENCE N08'9'18'E fOR
146.00 fEET: THENCE N81'40'42"W FOR 156.00 fEET TO THE POINT or BEGINNING.
EXHIBIT "2" TO SETTLEMENT AGREEMENT
MADE BETWEEN
A VENTURA-ENSENADA INC (AEI)
A VENTURA LAND AND DEVELOPMENT CORPORATION (ALDC)
AND
CITY OF A VENTURA, FLORIDA
Legal Description of Land
AlL lHOSE LOTS. PIECES OR PARCElS OF LAND Sll\JA1E. LYING -'ND BEING IN SEC110N J5, TOYINSHIP 51 SOUlH. R-'NGE ~2 EAST, CITY OF A\lENl\J
MIAMI-DADE COUNTY. Fl.ORIDA, lHE SAME BEING MORE PARl1CUlARlY OESCRIBED AS FOlLOWS. VII.:
PARCEl.. "PRIVAlE CANAl", LESS PORl1ONS L'I1NG IN "AVENl\JRA-MARlNA CONDOMINIUM NO. I: ACCORDING TO lHE DEcu.RAl1ON lHEREOF, -'ND
RECORDED IN OFRClAl RECORDS BOOK 8096 AT PAGE 876 OF "FIRST ADDll1ON TO BISCA'l'NE YACHT AND COUNl1IY a.uB," ACCOROING TO lHE PI-"
THEREOF. AS RECORDED IN PI-"T BOOK 89 AT PAGE 100 OF THE PUBUC RECORDS OF MIAMI-DADE COUNTY. Fl.ORIDA, ALSO. LESS lHE PORl1ONS
LYING IN "AVENl\JRA FIRST ADDll1ON" ACCORDING TO lHE PlAT lHEREOF, Þ$. RECORDED IN PlAT BOOK 99 AT PAGE 11 OF THE PUBUC RECORDS 0
MIAMI-DADE COUNTY, Fl.ORID"-
TOGElHER VIITH:
"PRtVAlE CANAl" PORl1ON OF AVENl\JRA FIRST ADDIl1ON, ACCORDING TO lHE PlAT lHEREOF. AS RECORDED IN PI-"T BOOK 99 AT PAGE 11 OF lHE
PUBUC RECOROS OF DADE COUNTY (NOW MIAMI-OADE COUNTY). Fl.0R10"-
! ~
g
d
~
§ g¡
i ~
~
;:!
: ~
å
EXHIBIT "3" TO SETTLEMEN AGREEMEN
MADE BETWEEN ~
A VENTURA-ENSENADA INC (AEI) ¡1j
A VENTURA LAND AND DEVELOPMENT CORPORATION (ALDC) ¡'j
AND CITY OF A VENTURA, FLORIDA ~
z
~
....
H
~
,
\
,
\
\:¡
\I¡
,5
i
\
\
\
ii5
-i
...
~
§
I
,
~
I
'-1'1
L II
\t¡'1
,\
~I
~I
i\
I
I
\
\
i
i
I i
"-.,.--'1
I
"RELOCATION AREA" SHOWN IN DARK OUTLINE
g
g~
8
EXHIBIT "4" TO SETTLEMENT AGREEMENT MADE BETWEEN (AEI),
(ALDC) AND CITY OF A VENTURA, FLORIDA
"IMMEDIATE VICINITY" SHOWN IN DARK OUTLINE
RESOLUTION NO. 2005-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA, APPROVING SETTLEMENT AGREEMENT
BETWEEN A VENTURA-ENSENADA, INC. AND A VENTURA LAND
AND DEVELOPMENT CORPORATION AND THE CITY OF
AVENTURA, CONCERNING .51 ACRE PARCEL OF LAND LOCATED
ON NORTHEAST 34TH AVENUE AT NORTH COUNTRY CLUB DRIVE
AND TWO (2) PARCELS OF SUBMERGED LAND CONSISTING OF
5.39 ACRES LOCATED SOUTH OF NORTHEAST 207TH STREET AND
EAST OF NORTHEAST 34TH A VENUE; AUTHORIZING EXECUTION
OF SETTLEMENT AGREEMENT; AUTHORIZING
IMPLEMENTATION OF SETTLEMENT AGREEMENT; PROVIDING
FOR EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura, upon the recommendation
of the City Manager and City Attorney, finds that approval of the Settlement Agreement (the
"Agreement") between Aventura-Ensenada, Inc, ("AEI"), Aventura Land and Development
Corporation ("ALDC") and the City of Aventura (the "City") is in the best interest of the City,
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recital. That the above stated recital is hereby confirmed and adopted.
Section 2. Aereement Approved. That the Agreement, in substantially the form
attached hereto, between AEI and ALDC and the City, is hereby approved, and the City
Manager is hereby authorized to execute the Agreement on behalf of the City, once approved
by the City Attorney as to form and legal sufficiency.
Section 3. Implementation. That the City Manager and City Attorney are
hereby authorized to take any and all actions which are necessary to fully implement and
effectuate this Resolution and the Agreement.
Section 4. Effective Date. That this Resolution shall become effective immediately
upon adoption hereof,
The foregoing Resolution was offered by Commissioner
moved its adoption, The motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
, who
, and
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbàez Weinberg
Mayor Susan Gottlieb
Ordinance No. 2005--
Page 2
PASSED AND ADOPTED this 11th day of October, 2005.
Susan Gottlieb, Mayor
Attest:
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
M~kh
City Attorney
3
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE:
City Commission .~
Eric M, Soroka, ICMA-CM, Cityt<-e
September 14, 2005
Resolution Authorizing Approval of Work Authorization With Craven
Thompson and Associates, Inc. to Perform Aventura Mall Traffic
Flow Study
TO:
FROM:
SUBJECT:
October 11, 2005 City Commission Meeting Agenda Item .b.::Þ
RECOMMENDATION
It is recommended that the City Commission approve the attached Resolution
authorizing the execution of Work Authorization No. 01-0103-055 with Craven
Thompson and Associates, Inc. to perform a traffic flow study of Aventura Mall. The
study has been ongoing and was required by the City as part of the proposed
expansion of the Mall. The cost of the study is estimated to be $75,000 which will be
paid by Aventura Mall.
BACKGROUND
For several months, the owners of the Aventura Mall and the City have been jointly
studying traffic flow in and around the Mall. The study was being conducted by the
traffic engineering firm of Tinter Associates as a subcontractor to Craven Thompson.
Recently, the City agreed to allow the Mall to expand, provided that they agree to
implement traffic improvements recommended by the City's traffic consultant, Tinter
Associates. The attached work authorization incorporates all the components of the
Mall traffic study that have been underway. As previously stated, the Mall will be
responsible for reimbursing the City for the cost of the study, Once the study is
complete, the Mall will implement the agreed upon recommendations contained in the
study.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CCO1418-05
RESOLUTION NO. 2005--
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 01-0103-055 FOR PROFESSIONAL
TRAFFIC ENGINEERING SERVICES FOR THE
AVENTURA MALL TRAFFIC FLOW IMPROVEMENT
STUDY BY AND BETWEEN THE CITY OF AVENTURA
AND CRAVEN THOMPSON AND ASSOCIATES, INC.;
PROVIDING FOR THE COST OF THE STUDY TO BE PAID
BY THE AVENTURA MALL; AND PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1.
That the City Manager is hereby authorized to execute the attached
Work Authorization No. 01-0103-055 ($75,000.00) for traffic engineering services for
the Aventura Mall Traffic Flow Improvement Study by and between the City and Craven
Thompson and Associates, Inc. and providing for the cost of the study to be paid by the
Aventura Mall.
Section 2.
That 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
moved its adoption. The motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
, who
, and
Commissioner lev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbáez Weinberg
Mayor Susan Gottlieb
Resolution No. 2005--
Page 2
PASSED AND ADOPTED this 11th day of October, 2005.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
f,~
CITY ATTORNEY
WORK AUTHORIZATION NO. 01-0103-055
The City of Aventura has requested Work Authorization No. 01-0103-055 as provided for in the
Agreement between the City of Aventura and Craven Thompson and Associates, Inc, and
approved by the City Commission on July 3, 2001.
This Work Authorization No 01-0103-055 provides for technical services in accordance with
Articles 3, 4, 6, 7 and 8 of the Agreement as further detailed in the scope of services in Exhibit A.
Payment for such services shall be in accordance with Article 5 of the Agreement.
Paramics Micro-Simulation Model Phase
Model set-up (21010) .......................................................,.......................................$7,500.00
Base year calibration (21055).......................................,..........................................,$4,500.00
Alternatives Coding.......,...".........................,..,.."..,,.",."..",.,."..,..".,..".,.".".".,.".,$8.000.00
Total Paramics Micro-Simulation Model Phase.................................................... $20,000.00
Model Runs and Analvsis Phase
Eight (8) runs (34040) ............................................................,..,..........................$20,000.00
Coordination with City and Mall (34140)................................................................$3.000,00
Total Model Runs and Analysis Phase ...........................................................$23,000.00
Data Collection Phase
24-Hour Machine Counts (8 locations) (34040).................................................$1,500.00
Turning Movement Count Data (17 locations) (32030) ....................................$5.500.00
Total Design Development Phase..........................................................................$7,000.00
Report Preparation Phase
Prepare Report for Submittal to FDOT and Concerned Agencies (34070) ..$17,000,00
Miscellaneous Research, Meeting Attendance & Coordination (34140) ................. $4.500.00
Total Contract Documents Phase........................................................................$21,500.00
Project Manae:ement Phase
Project Management (34080) ,................,................,......".........,..,...........,...............$3.500.00
Total Project Management Phase ......................................................................... $3,500.00
Reimbursable Expenses
Printing, Graphics, Communications (34100).................,.........,.."..........,..,..,....,....,..$500.00
Couriers, Express Mail, Etc, (34100) .......................................................................$1.000,00
Total Reimbursable Expenses ...............................................................................$1,500.00
Total Estimated Labor Expenses are ....................................................................., $75,000,00
Total Estimated Reimbursable Expenses are..,.,..,....................................................$!,500,OO
The time period for this work authorization will be:
Paramics Micro-Simulation Model Phase .................. 5 weeks
Mode! Runs and Analysis Phase ................................ 8 weeks
Data Collection Phase ................................................2 weeks
Report Preparation Phase ...........................................4 weeks
CITY:
ATTEST
CITY OF A VENTURA, FLORIDA
through its City Manager
BY
BY
City Clerk
City Manager
Teresa M, Soroka.i4/ilG
Eric M, Soroka, ICMA-CM
- day of
,2005
APPROVED AS TO FORM
Notice to Proceed- Yes_No
BY
City Attorney
Weiss Serota & Helfman, P.A.
Project Initiation Date
RECOMMENDED through its
Director of Community Services
BY
Director of Community Services
Robert M. Sherman. CPRP
- day of
,2005
EXIllBIT "A"
Consultant shall examine the effect of implementing various roadway improvements both within,
and exterior to, the Aventura Mall property in an effort to determine the most advantageous
configuration of mall access roadways and examine the effect any recommended improvements
may have on the area roadway network. An engineering study/report will be prepared to
specifically address issues raised by staff of the Florida Department of Transportation (FDOT) in
our meeting of June 2"d, 2005 and will, as a result, be suitable for submittal to FDOT as their
consent will likely be required prior to incorporation of any improvements to either the Aventura
Mall access locations or surrounding roadways. Through our subconsultant, Tinter Associates,
Inc. we propose to complete the following tasks:
Paramics Micro-Simulation Model
Quadstone Paramics, a suite of microscopic traffic simulation tools, will be utilized to model the
entire area bounded by and including N.E. 199th Street (A ventura Boulevard) to the north, the
William Lehman Causeway (State Road 856) to the south, Biscayne Boulevard (U.S, I) to the
west and Country Club Drive West to the east.
Paramics has been selected to complete the requested analysis as it can be applied to any aspect
of a modem transportation network with relative ease and clarity. Some of the most common
application areas include:
Priority intersections, signalized intersections and roundabouts,
Urban cities, corridor studies and congested freeways,
Public transportation and light rail,
Actuated signal control,
Special user groups, i,e. HOV, emergency vehicles, transit priority,
ITS elements, i.e, ramp metering, route control, lane usage, freeway speed control,
Work zones, event management and pollution modeling, and
Public presentation.
Alternatives Codinl!
The following schedule of access and roadway improvements will be analyzed in a variety of
combinations within the Paramics system,
Within the Mall Property:
One-way perimeter road,
Internal roundabouts at intersection ofU,S. I driveways with internal perimeter road.
Outside the Mall Property:
Eliminate southern U,S. 1 access location and remove signal,
Revise U.S. I access locations: southern driveway to be entrance only, northern driveway
to accommodate all exiting maneuvers and one lane of entering traffic,
'Drop-in' access ramp from the William Lehman Causeway (westbound) accommodating
inbound vehicles only,
Flyover exiting maneuver from the Mall property to the William Lehman Causeway
(eastbound),
Additional westbound lane at the intersection ofU,S, 1 and Aventura Boulevard (should
it accommodate left or right-turning vehicles?),
Extend westbound frontage road west of Country Club Drive to merge with the William
Lehman Causeway. Provide Mall with entrance and exit along the new segment. FOOT
concern that this will create a weave problem on Causeway due to queues at u.s. 1.
Model Runs and Analysis
Eight (8) separate and distinct runs of the Paramics model will be required,
Data Collection
The data collection effort is expected to include 17 turning movement count locations (4 hours of
data at each location) and 8 AOT counts (24 hours of data at each location).
Report Preparation
FOOT staff has requested in their terms a 'mini-PO&E study' with a do nothing scenario and
future year analyses, The idea is to identify the appropriate combination of improvements and
show from an operational standpoint that access and circulation in and around the Aventura Mall
area will improve.
Should it become necessary to perform any additional work not specified herein, we will be
pleased to do so at the rates specified in the Agreement between the City of Aventura and Craven
Thompson and Associates, Inc, and approved by the City Commission on July 3, 2001.
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Commission ~-~
Eric M, Soroka, ICMA-CM, Cit ./ að
September 22, 2005
Resolution Selecting Firm to Perform Building, Engineering
Inspection and Plan Review Services
October 11, 2005 City Commission Meeting Agenda Item li
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution which
selects the firm of CSA Southwest, Inc. to perform building, engineering inspection and
plan review services.
BACKGROUND
CSA Southwest, Inc. has been performing our building and plan inspection services for
the City since November 1996 when the City took over this function from the County.
Their current contract for services expires on November 1, 2005.
An ISQ (Invitation to Submit Qualifications) was prepared to solicit firms to submit
qualifications pursuant to Consultants Competitive Negotiation Act (CCNA) as
contained in Section 287,055, F,S.
The following firms submitted proposals by the opening date of July 28, 2005:
1.
2.
3,
4.
5.
6.
7.
8,
CSA Southwest, Inc.
PEICO - USL
M.T. Causley
Capri Engineering
Triangle Associates
Bermello-Ajamil & Partners
The Russell Partnership
Mullings Engineering Services
Memo to City Commission
Page 2
A Review Committee consisting of the Planning Director, Building Director, Finance
Support Services Director and City Manager reviewed the proposals and developed the
following shortlist to interview firms:
1,
2.
3.
4.
CSA Southwest, Inc,
M.T. Causley
PEICO - USL
Triangle Associates
On September 14, 2005, the Review Committee met to interview the candidates.
Based on the presentations and interview process, the Review Committee recommends
the firm of CSA Southwest, Inc. The firms were ranked as follows:
1.
2,
3.
4.
CSA Southwest, Inc.
M.T. Causley
Triangle Associates
PEICO - USL
CSA Southwest, Inc, has been performing the building inspection and plan review
services since 1996 and has demonstrated the ability to perform those services in a
satisfactory and timely manner. The other firms did not demonstrate a long-term history
of providing comparable services to cities similar in size and building structures.
Based on the foregoing, it is recommended that CSA Southwest, Inc, be selected to
perform the services requested in ISO 05-07-28-2, The resolution authorizes the City
Manager to negotiate a contract which will be presented to the City Commission at a
further meeting,
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CCO1789-05
RESOLUTION NO. 2005--
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, SELECTING CSA SOUTHWEST, INC. TO
PERFORM BUILDING AND ENGINEERING INSPECTION, AND PLAN
REVIEW SERVICES; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE THE TERMS AND FEES FOR SAID WORK; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Aventura, in accordance with applicable State law, has
requested proposals from firms for services relative to Building and Engineering Inspection, and
Plan Review Services; and
WHEREAS, said proposals were evaluated by a Review Team consisting of the City
Manager, Planning Director, Director of Finance Support Services and Building Official; and
WHEREAS, said Review Team recommends the selection of the firm of CSA Southwest,
Inc.; and
WHEREAS, the City Commission desires to authorize the City Manager to negotiate
scope of services and fees with the recommended firm.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. The firm of CSA Southwest, Inc. is hereby selected to perform building and
engineering inspection, and plan review services,
Section 2. The firm has been selected on the basis of its experience and qualifications
and has not finalized a fee structure with the City, Therefore, the City Manager shall
immediately negotiate the scope of services and basis of fees with said firm.
Section 3. The basis of fees, above described, shall be negotiated by the City
Manager and approved by the City Commission prior to said firm beginning any labor or work
for which the City may later be billed.
Section 4. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner
adoption, The motion was seconded by Commissioner
vote, the vote was as follows:
, who moved its
, and upon being put to a
Commissioner lev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbáez Weinberg
Mayor Susan Gottlieb
Resolution No. 2005--
Page 2
PASSED AND ADOPTED this 11th day of October, 2005.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
fr~
CITY ATTORNEY
CITY OF AVENTURA
INVITATION TO SUBMIT QUALIFICATIONS
05-07 -28-2
BUILDING AND ENGINEERING INSPECTION,
AND PLAN REVIEW SERVICES
ISQ #05-07 -28-2
SUBMITTAL OPENING DATE: JULY 28,2005
SUBMITTAL OPENING TIME - 2:00 P.M.
INVITATION TO SUBMIT QUALIFICATIONS
ISQ #05-07-28-2
CITY OF AVENTURA
BUILDING AND ENGINEERING
INSPECTION AND PLAN REVIEW
PROFESSIONAL CONSULTING SERVICES
In accordance with the Consultants' Competitive Negotiation Act, Chapter 287.055.
F,S., the City of Aventura invites qualified Professional Planning, Engineering,
Architectural and/or Building Inspection firms to submit proposals to provide building
and engineering inspection and plan review professional consulting services on a
contractual basis.
Interested firms should pick-up the Invitation to Submit Qualifications package at the
following location:
City of Aventura
Purchasing Department
19200 West Country Club Drive
Aventura, Florida 33180
(305) 466-8925
Or they may be obtained from www.citvofaventura.com/fss/Durchasinq.htm.
Submittals must be received no later than 2:00 p.m. on July 28, 2005 and be clearly
marked on the outside "ISQ #05-07-28-2, BUILDING AND ENGINEERING
INSPECTION AND PLAN REVIEW PROFESSIONAL CONSULTING SERVICES".
Late submittals will not be accepted.
Eric M, Soroka
City Manager
INVITATION TO SUBMIT QUALIFICATIONS
SUBJECT:
Building and Engineering Inspection,
And Plan Review Services.
OPENING DATE & TIME:
July 28,2005 @ 2:00 P.M.
SUBMIT TO:
Office of the City Manager
City of Aventura
19200 W. Country Club Drive
Aventura, Florida 33180
ISQ NUMBER:
05-07-28-2
I.
INTRODUCTION
The City of Aventura, Florida is requesting proposals from professional
planning, engineering architectural and/or building inspection service
consultants to perform building and engineering, inspection and plan review for
the City on a contractual basis.
As described more fully in Section II, services will include building inspection
and plan review services for civil, structural, plumbing, electrical and
mechanical requirements as contained in the Florida Building Code, including
Miami-Dade County High-Velocity Zone amendments thereto. In addition, the
qualified professionals shall conduct a review of applications for civil
engineering permits and plan review as required.
Proposing firms must demonstrate the ability to perform all inspections and plan
review services for building and engineering. If a portion of the work is to be
performed by a joint venture, information must be provided for all firms included
in the joint venture.
The City of Aventura is an incorporated municipality in Miami-Dade County,
Florida of approximately 3,5 square miles. The City was incorporated in
November, 1995, The City is governed by a seven member Commission and is
administered under a City Manager form of government.
The boundary of the City is as follows:
North Boundary
South Boundary
East Boundary
West Boundary
-Dade County Line
-N.E. 176 Street
-Inter-coastal Waterway
-FEC Railroad Tracks
Additional information about the City may be found on the City's web page -
www.citvofaventura.com.
II.
SCOPE OF SEVICES
A general description of the services to be performed in connection with this
Isa is as follows:
A. The consultant shall provide building and engineering inspection and plan
review services pursuant to the Florida Building Code, including the Miami-
Dade County High-Velocity Zone and City amendments thereto.
B. All services shall be performed by consultant's personnel who shall remain
employees of consultant, not the city.
C. Consultant shall provide support services and personnel as requested by
the City relating to organization and coordination of the various activities
with City staff.
D. The City currently employs its own Chief Building Official as defined in the
Florida Building Code. Employees of consultant shall coordinate their work
through the City's Chief Building Official for building inspection and plan
review services.
E. Consultant shall provide all necessary vehicles, radios and equipment of
their employees to perform the services required by this Agreement.
F. City shall provide badges, photo I.D., workspace and telephones for all
inspectors and plan reviewers.
G. Consultant agrees to provide all services based on the following standards
for service:
1. All inspections shall be completed within twenty-four hours after
the City's Community Development Department receives a request
for inspection.
2. Plan reviews shall be completed within ten working days after
the City receives a request for plan review.
3. Plan reviewers will work from 8:30 am to 10:00 am at the City's
building department.
4. All assigned personnel will be required to pass a background
security check and be certified by the local Board of Rules and
Appeals prior to any work assignment.
5. All assigned personnel must be properly licensed and certified in
accordance with F.S. 455, 468, 471,481 and 489 as required.
III.
CONTRACT FOR SERVICES
After selection, an Agreement will incorporate the major terms and conditions
for consulting performance. Said agreement shall include, but not be limited to,
the following matters:
A. The services to be provided by the Consultant pursuant to said Agreement
shall be nonexclusive and nothing herein shall preclude the City from
engaging other firms to perform the same or similar services for the benefit
of the city within the City's sole and absolute discretion.
B, The Consultant shall warrant that it has not employed or retained any
company or person, other than a bona fide employee working solely for the
consultant, to solicit or secure a contract pursuant to this ISQ. Also, that it
has not paid or agreed to pay any person(s), company, corporation,
individual or firm, other than a bona fide employee working solely for the
consultant, any fee, commission, percentage, gift, or any other
consideration, contingent upon or resulting from the award of contract
pursuant to this ISQ.
C. The Agreement may be terminated by the City upon ten days' notice with or
without cause and by the Consultant upon 60 days' written notice with or
without cause.
D. The Consultant shall warrant and represent that at all times during the term
of the Agreement that it shall maintain in good standing all required licenses,
certifications and permits required under federal, state and local laws
necessary to perform the Specified Services.
E. It is anticipated that said contact shall be for a period of three (3) years and
may be extended upon mutual agreement of both parties.
F. The Agreement will stipulate the fees for services which consultant shall
charge the City.
G. The Consultant shall at all times carry professional liability insurance,
workers' compensation insurance, public liability and property damage
insurance and automotive public liability and property damage insurance
with minimum policy limits in the amount of One Million Dollars ($1,000,000)
per occurrence, except that the dollar amount of workers' compensation
coverage shall be as provided by Chapter 440, Florida State. Statute, The
City shall be named as an additional insured on all of the above insurance
policies. Each insurance policy shall state that it is not cancelable without
written notice to the City 30 days prior to the effective date of cancellation.
H, Each respondent shall be required, pursuant to Section 287.133(3)(a),
Florida State Statutes, to execute a "Sworn Statement on Public Entity
Crimes" (Form FUR 7068) prior to the execution of a contract resulting from
this ISQ. By executing this swom statement, the respondent is affirmatively
stating that neither it nor an affiliate (as defined in the statute) has been
convicted of a public entity crime, and that it is not barred from entering into
a contract with the City, The respondent further acknowledges that any
misstatement or misrepresentation of fact, lack of compliance with the
statute, or subsequent conviction of a public entity crime shall result in the
contract being null and void and/or subject to immediate termination by the
City. In the event of such termination, the City shall not incur any liability for
any work or materials fumished by the respondent when functioning as a
contractee with the City.
IV.
SUBMITTAL REQUIREMENTS
A. DEADLINE AND RECEIVING AREA FOR SUBMITTALS
City Manager's Office, City of Aventura, 19200 W. Country Club Drive,
Aventura, Florida 33180 by July, 28, 2005 at 2:00 P.M.
Proposals submitted after that date and time will not be considered.
B. NUMBER OF COPIES
One original and four (4) copies of the entire proposal must be submitted,
C. PROPOSALS
Proposals must contain the following minimum information:
1. Describe the firm, including key officers, years in business, etc.
2. Describe the specific key individuals you propose to assign to the
City contract. Provide a resume for each named individual with title,
project assignment, name of firm with which associated, years of
experience, education and professional registration(s). Indicate the
percentage of each of these individual's time which will be devoted
to the City's contract.
3. A current and completed Standard Form 254 and 255.
4. List of all local govemments where the firm has provided similar
services during the past five (5) years.
5. A list of five (5) references, with contact name and phone number,
relating to recent relevant work.
6. Identify any sub-contractors and joint venturers who are to
participate in the services required by this ISQ. This must include
the respective tasks they are to perform and evidence of their
qualifications.
V.
INQUIRIES
Any inquiries by respondents should be directed to Jeff Shields, Purchasing
Agent, 19200 W. Country Club Drive, Aventura, Florida 33180, (305) 466-8925
or Fax (305) 466-8939.
VI.
GENERAL TERMS
CITY RIGHTS
The City reserves the right to accept or reject any and all submittals and items
in the submittals as well as the right to waive irregularities and technicalities,
The City reserves the right to reject all submittals and to re-advertise for
submittals, with or without changes in the scope of work or in the specifications
for the work.
The City shall be the sole judge of a submittal and the resulting negotiated
agreement that is in its best interest, and its decision shall be final.
Any documentation, products, etc. produced for the City or for use on the City's
contract are the property of the City and will be turned over to the City upon
completion. The above City property may not be used in other non-related
projects without prior consent from the City.
Notwithstanding any product documentation becoming the property of the City,
all expenses incurred in connection with the preparation and submission of said
proposals shall be bome by the preparer.
Submitters are hereby notified that all information submitted will be available
for public inspection after opening of submittals in compliance with Chapter 286
of the Florida State Statutes (Sunshine Laws).
July 28, 2005
~~~. /".
..~~~<,
T',/ y/
CSA Group
Mr. Eric M. Soroka
City Manager
City of Aventura
19200 W. Country Club Drive
Aventura, Florida 33180
RE: Invitation to Submit Qualifications No.O5-07-28-2
City of Aventura Building and Engineering Inspection and Plan Review Professional
Consulting Services
~~
CSA Southeast, Inc. (CSA) is pleased to submit this response to the City of Aventura's
Invitation to Submit Qualifications for Building and Engineering Inspection and Plan Review
Professional Consulting Services. Upon your review of our proposal, we are confident that we
will be selected to continue to provide these services,
4
Our philosophy has always been that procedures alone do not guarantee the satisfaction of
our clients; it is the quality and responsiveness of our staff. Currently, CSA has a dedicated
staff of over sixty (60) employees, to provide Municipal and Engineering services throughout
the State. Our proposed staff is certified with the appropriate trade disciplines by the State of
Florida Department of Business and Professional Regulation, Miami-Dade County Building
and Code Compliance Office and Broward County Board of Rules and Appeals. In addition to
these certifications, Structural Plans Examiners, assigned to the City of Aventura, are
Registered Professional Engineers with the State of Florida.
15050 NW 79 Court, Suite 201, Miami Lakes, FL 33016
Tel: 305.461.5484 Fax: 305.461.5494
www.csagroup.com
CSA is recognized as the pioneer in offering the outsourcing Building Department services to
local governments. Our Municipal Department has participated in the start-up and transition
of six (6) Building Departments in Miami-Dade County and has provided miscellaneous
municipal services to an additional six (6) local governments since 1992. More recently in
Broward County, CSA has been awarded a contract to provide Building Department services
to the City of Weston and is in negotiations with the City of Coconut Creek to provide similar
services.
We continue to make the client our primary focus without compromising quality, accuracy or
delivery deadlines. Our flexibility to adapt to changing needs is evidenced during the permit
process which requires us to staff up or down, depending on the changing volume of permit
applications, The success in serving multiple municipal clients affords us the ability to
reallocate employees as the needs arise thus meeting our level of service deadlines.
July 28, 2005
Mr. Eric M. Soroka
RE: Response to Invitation to Submit Qualifications No. 05-07-28-2
2012
~+...~+ (~
..!2.~""'/^)'
T',./'-..,¿
CSA Group
Technology is another important aspect of the comprehensive services we provide. Our
technology interfaces seamlessly between customer service, plans review, inspection services
and accounting to significantly reduce costs by requiring less manpower to support the
operations and never compromising the expected standard of service.
To support the City of Aventura, we have added the services of Mr. Juan Melgarejo, PhD, fE,
Mr. Cosmo "Cos" Tornese, P.E. and Mr. Raul Rodriguez combined they have over 75 years of
municipal and management experience. They will serve as our Senior Advisors and their
responsibility is to ensure that all services assigned to our firm will be properly delivefed and
that new initiatives are implemented. In addition, both Mr. Tornese and Mr. Rodriguez are
Certified Building Code Administrators and Plans Examiners.
.~F
I
4
i
111
!i
:11
To support the Senior Management staff, we have a pool of experienced Plan Reviewers and
Inspectors who work as a team to deliver their services in an efficient manner. They have
served the City well, some of them for almost 10 years and will continue to do so, with the
approval of the Building Official and Manager.
We commit to continue to make the City of Aventura our number one client. As your partner -
we want to help achieve your mission by joining forces" ...to make Aventura a city of the
highest quality and a City of Excellence...by providing RESPONSIVE, COST EFFECTIVE
and INNOVA TlVE local government services." thus maintaining City of Aventura as a city of
world-class status.
Again, we thank you for this opportunity to submit our proposal and look forward to a favorable
selection. If you have any questions or wish to discuss this further, please contact me at your
convenience.
Very truly yours,
CSA Southeast, Inc.
~
Carlos A. Penin, P.E.
President
15050 NW 79 Court, Suite 201, Miami Lakes, FL 33016
Tel: 305.461.5484 Fax: 305.461.5494
www.csagroup.com
FIRM'S DESCRIPTION
CSA Southeast, Inc. (CSA) and its predecessor CAP, Engineering Consultants, have a
created a niche in providing local municipalities with Building Department services since
1992. We are proud that the City of Aventura has been our unwavering client since the
City's incorporation in 1995. Just as the City is recognized as The City of Excellence,
CSA's primary goal is to continue delivering service with a heightened level of excellence.
Our continued pledge is to meet the City's needs with our extensive experience and
resources of both personnel and technology.
Following is information regarding our firm, key officials and years of experience:
. FIRM
- CSA Southeast, Inc. is a Florida Corporation wholly-owned by CSA Holdings,
Inc., and incorporated in 1989 and formerly conducted business as CAP.
Engineering Consultants, Inc.
3
CSA Holdings, Inc. (aka CSA Group) is comprised of companies that provide full
engineering, architectural and environmental services to clients from the private
and public sectors. Backed by a multi-disciplinary staff of more than 400
professionals, we have the capacity and resources to provide comprehensive
services towards full project delivery.
:f
4
- In addition to Building Code Inspection and Plan Review services, CSA also has
the capability to provide civil engineering, project management, site
development, construction engineering, and design of roads, bridges, highways,
storm water, water distribution, wastewater collection systems, and pump
stations.
.:::(~:ý~;
C S A Group
City of Aventura
ISQ #05-07-28-2
2 -1
- Our Municipal Department has participated in the start-up and transition of six (6)
Building Departments in Miami-Dade County and has provided miscellaneous
municipal services to an additional six (6) local governments. More recently in
Broward County, CSA has been awarded a contract to provide Building
Department services to the City of Weston and is in negotiations with the City of
Coconut Creek to provide similar services.
- Currently, CSA has a dedicated staff of over sixty (60) employees, to provide
Municipal and Engineering services throughout the State. Our proposed staff is
certified with the appropriate trade disciplines by the State of Florida Department
of Business and Professional Regulation, Miami-Dade County Building and Code
Compliance Office and Broward County Board of Rules and Appeals. In addition
to these certifications, Structural Plans Examiners, assigned to the City, are
Registered Professional Engineers with the State of Florida.
Mr. Jesus J. Suarez, PhD, PE, is Chief Executive Officer of CSA Holdings, Inc. and
of CSA Southeast, Inc. Dr Suarez is a registered professional engineer in eleven
States. He has been named the Ernst and Young Entrepreneur of the Year Award
(Puerto Rico Chapter), the Ohio Hispanic Chamber of Commerce Businessman of
the Year Award, and the Cincinnati Hispanic Chamber of Commerce Leadership
award.
. KEY CORPORATE OFFICERS
Mr. Carlos A. Penin, PE, founder and President of CSA Southeast, Inc., formerly
CAP. Engineering Consultants, Inc., has served as Chief Utility Engineer in charge
of all design and engineering responsibilities for 9 communities throughout the State.
Mr. Penin has also served as City Engineer for City of West Miami, City of South
Miami and for the Village of Key Biscayne, advising the cities in all engineering
matters. He initiated and implemented the concept of outsourcing professional
services to Municipal Building Departments.
Mr. Penin has 28 years of experience and has been assigned as Principal-in-Charge
and Program Manager for this contract.
:3
Mr. Juan Melgarejo, PhD, PE, Vice President and General Manager of CSA
Southeast, Inc, has over twenty (25) years of experience in planning, project and
program management, contract negotiations, financing and start-up for turnkey
infrastructure projects in the U.S. and Latin America. Mr. Melgarejo is a registered
professional engineer in the State of Florida and holds a PhD in Civil Engineering
from the University of Michigan.
His assignment to this contract is to serve as Senior Advisor and coordinate the
implementation of all new initiatives,
¡
¡
",4
~...~. /'
.~~<,/^,
..... ""/ "j
C S A Group
City of Aventura
ISQ #05-07-28-2
2 - 2
. YEARS OF EXPERIENCE
CSA Group has provided engineering and architectural services from its beginnings
in San Juan as Burns & Roe International since 1956.
More specifically, CSA Southeast, Inc. which was established in 1989 has been
providing Building Department services since 1992.
Finally, we have served the City of Aventura since it was incorporated in 1995. The
quality of our services has been demonstrated during all these years and will
continue to do so if the City of Aventura considers CSA as the best choice, once
again.
For the last ten (10) years, CSA has had the privilege of providing building and
engineering inspection, and plan review services to the City of Aventura
("City"). All members of the proposed team, who have been specifically
tailored to keep responding to the needs of the City, will continue to perform
their duties of inspection and plan reviews based on the Florida Building Code,
including the Miami-Dade County High-Velocity Zone and City amendments.
APPROACH TO SCOPE OF SERVICES
Customer Service
Customer service is a key component of providing an efficient service;
therefore, CSA has properly trained all of our employees in this area.
Our successful experience in providing municipal building and permitting
services has helped us streamline a commonly cumbersome process, thus
enhancing customer satisfaction in every municipality that we served.
C SA Group
City of A ventura
ISQ #05-07-28-2
3 - 1
In order to maintain an excellent quality of customer service, our Project Manager
will customize our resources to meet the specific needs of the City. We commit
to provide efficient inspection and plan reviews based Florida Building Code,
including the Miami-Dade County High-Velocity Zone and City amendments.
The Project Manager, with the consent of the City's Chief Building Official, will
consult with other available building code experts in the State, County, and Cities
on questionable matters concerning the building code,
As part of our costumer satisfaction policy, CSA commits to complete all
requested inspections within twenty-four hours after the City's Community
Development Department receives a request for inspection. CSA will complete
the required plan reviews within ten working days after the City receives a
request for plan review. All of our Plans Reviewers will be at the City's Building
Department office as a minimum from 8:00 AM to 10:00 AM,
Employees
All employees assigned to work with the City currently hold certification in their
respective disciplines by the State of Florida Building Code Administrators and
Inspectors Board and Miami Dade County Board of Rules and Appeal. All
assign personnel will meet the requirements of F.S. 455, 468, 471, 481 and
489, as required, All CSA employees proposed to work at the City will be
required to pass any type of security background check required prior to their
assignment.
~t..~. / ".
..~:'/)
We will provide assistance to industry and the general public on building
permitting and inspection issues, This will include information on all the
documentation necessary for the permit applicant to submit; licensing
requirements; inspections process; plan review process; schedule of the
permitting process; telephone numbers and addresses of other governmental
agencies; Notice of Commencement Requirements and any other pertinent
information
Due to the advanced technical requirements and certifications needed for
entry level within our Municipal Department, our employee training focuses on
career advancement and maintaining to date on changes in the industry.
Employee training is a key in maintaining abreast of the newest technology,
changes and new approaches to this industry. Our training program includes
annual trade meetings, professional association meetings, college course,
related to the industry,
CSA provides transportation needs, cellular phone, two way radios and pagers
for all technical and key personnel. All personnel involved in this process will
be able to communicate with each other at all times either via two-way radios
or telephones. All of our employees assign to the City will wear City provided
photo ID's and uniforms. In addition, we provide our staff with health
insurance, vacations, a positive work environment, and many other fringe
benefits that allow us to attract and retain the best in the field,
4
.:::~»
C S A Group
City of A ventura
ISQ #05-07-28-2
3-2
Our Project Manager will be available for all type of building code related
emergencies on a "24-7" basis.
Additionally during a natural disaster and other emergencies, our Municipal
team will conduct and make damaged assessment inspections. Our Project
Manager will coordinate this effort. He has first hand experience, having been
involved, as a County Official in the damage assessment after Hurricane
Andrew. Our staff also provided assessment for 3 of the 4 hurricanes of 2004,
Quality Assurance
In order to assure that we are providing the services we have committed to
provide and in order to maintain efficiency to the optimum level, our Project
Manager will periodically review the records for:
Plans submitted for permits, including the date and time of submittal;
Length of time it took for the technical reviews to complete the reviews;
Dates plans were picked up from the department;
Permits issued and not issued;
Inquiries made to department,
Phone calls received and returned;
Inspections requests, including the date and time of request;
Date and time inspections were made;
Results of inspections;
Complaints and results of complaints;
Applications for CO/CC
Cases going to boards and their outcome; and
All other building department activities.
The Project Manager will make all the necessary adjustments to correct any
deficíencies found during the review of the reports including the adjustment of
the number of inspectors and/or plans reviewers.
Continuing Education
All certified employees will complete the required continuing education
requirements as set by the Miami Dade County Board of Rules and Appeals,
the Florida State Code Administrator and Inspectors Board and the licensing
board. This will be accomplished by attending courses specifically developed
and approved by the appropriate board.
4
Regulations and Laws
.::::9>
C S A Group
City of Aventura
ISQ #05-07-28-2
3-3
Our plans reviewers and inspectors will enforce and comply with the
requirements of the Florida Building Code; the requirements of the High
Velocíty Hurricane Zone (HVHZ); the wind velocity of 146 MPH; the City's
applicable ordinances rules and regulations, environmental issues and
concerns; the State of Florida HRS requirements; Florida Statute FS 468;
Florida Statute FS 553; Florida Statue FS 713; the State of Florida Department
of Business Regulations; the Florida State Department of Community Affairs;
the Florida Building Commission; the State of Florida Product Approval
System.
Our inspectors, during the first inspection will verify that the Notice of
Acceptance has been properly filed with the Clerk of the Courts.
Our inspectors, during their regular scheduled inspections will monitor the City
for possible building code and other applicable violations. Our inspectors will
also, upon a complaint or request and during regular working hours,
investigate possible building code violations.
Organizational Chart
- u ". .,.,. ._d .-.
City of Aventura
Chief Building Official
Carlos A. Penin. PE
~---------,-_.~..-
Mechanical
Plans Examlnerl
Inspector
Angel Rivas
Aurelio Ramos
Pedro Auchet
Richard Annese
Eduardo Kriger. PE
Orlando Blanco, PE
Ernest Wong. PE
Jan Pierre Perez
Thomas Bassing
Phillip Mastrosimone
~t.~. /
..~",,',;,' f,'"
. /< ;,
. v
C SA Group
City 01 A ventura
ISQ #05-07-28-2
4 -1
,¡i
I
Key Individuals and Time Devoted to this Contract
CSA Personnel Description % of T~me Devoted
to this Contract
Carlos A. Penin, PE
Raul Rodriguez
Cosmo Tornese, PE
Eduardo Kriger, PE
Orlando Blanco, PE
~t..~. /.
.J.~. .."" J,
.... ~. )\,/
CSA Group
Principal-ln-Charge/Program Manager
Mr Penin is a Professional Engineer with 28 years of
experience. Mr. Penin municipal experience
includes City Engineer for City of West Miami, City of
South Miami and for the Village of Key Biscayne,
advisino the cities in all enoineerino matters.
Technical Advisor
As needed
Mr. Rodriguez has 25 years of experience in a wide
variety of projects including municipal building
department and code enforcement functions. His
responsibilities include building official, plan review,
site inspections, value engineering, field
investigation, construction management among
others.
Technical Advisor
20
Mr. Tornese posses over 30 years of experience in
pfoviding Building Department functions in Broward
County. He has been certified to provide these
services by the State of Florida, and Broward
County. He is also a Professional Engineer licensed
in the State of Florida.
Structural Plans Examiner
As needed
Mr. Kriger has more than 40 years experience,
having worked in the inspection and design of a wide
variety of projects. His responsibilities have included
construction inspection, foundation and
superstructure design, and plans review for
compliance with building codes. Mr. Kriger has been
assiqned to the City of Aventura since 1998.
Structural Plans Examinerllnspector
Mr. Blanco has been involved in structural
engineering and construction management and
adminisiration for more than 23 years. He has
experience in the investigation and design of
residential, commercial and industrial oroiects.
50
50
City of A ventura
ISQ #05-07-28-2
4-2
II
I Iii
Key Individuals and Time Devoted to this Contract (Cont'd)
, % ofTime Devoted
CSA Personnel Description to this Contract
Electrical Plans Examiner/Inspector
Elio Alvarez Mr. Alvarez has over 22 years of experience on 100
building inspections. Currently, Mr. Alvarez is
assigned to the City of Aventura where he performs
electrical inspections and plans review.
Building Plans Examiner/Inspector
Mr. Auchet has over 35 years of experience on
Structural Inspections, plans review and enforcement
Pedro Auchet of the Florida Building Code. 100
Responsibilities included Building Inspection, check
permits on all categories of the building process,
check plans, drawings and technical specifications
on every inspection performed.
Building Plans Examiner/Inspector
Angel Vargas Mr. Vargas has 12 years of experience and been 100
assigned to the City of Aventura since he joined CSA
in 2000.
Mechanical Plans Examiner/ Inspector
Ernest Wong, PE Mr. Wong is a Professional Engineer with 35 years of 100
experience. At CSA, Mr. Wong performs mechanical
plans review and inspection to the Citv of Aventura.
Plumbing Plans Examiner/Inspector
Thomas J. Bassing Mr. Bassing has over 35 years of experience on 50
plumbing inspections and plans examiner. Mr.
Bassing has been in CSA for almost 10 yeafs where
he has had the opportunity to work for City of
Aventura, Citv of Homestead and Sweetwater.
Building Plans Examiner/ Inspector
Richard Annese Mr. Annese has over 25 years of expefience. Since 50
1999, Mr. Annese has been working for CSA where
he performs plans review and building inspection to
different municipalities in Dade-County.
Electrical Plans Examiner/Inspector
Tomas Menendez Mr. Menendez has over 26 yeafs of experience on 35
residential and commefcial inspections. Mr.
Menendez specializes on electrical inspections and
plans review.
..t....+ /,
.+~)<)
C SA Group
City of Aventura
ISQ #05-07-28-2
4-3
Supplemental Personnel
! % of Time Devoted
I, CSA Personnel Description to this Contract
i
Electrical Plans Examinerllnspector
Gary Ortega Mr. Ortega has over 20 years of experience on As needed
electrical inspections. Currently, Mr. Ortega
performs the duties of electrical chief to the Town
of Miami Lakes.
Mechanical Plans Examiner/Inspector
Jan Pierre Perez Mr. Perez has over 15 years of experience on As needed
mechanical inspections. Currently, Mr. Perez
performs the duties of Mechanical Chief to the City
of Aventura and the Town of Miami lakes.
Building Plans Examiner/Inspector
Angel Rivas Mr. Rivas has over 15 year of experience and has As needed
been working with CSA since 2000 where he
performs commercial and residential building
inspections and plans review.
Building Plans Examiner / Roofing Inspector
Aurelio Ramos Mr. Ramos has over 20 years of experience on
building and roofing inspections. Mr. Ramos' As needed
experience in Municipal Departments include:
plans examiner and building inspector for the City
of Aventura, Hialeah and Miami Gardens.
Chief Plumbing Plans Examiner /Inspector
Phillip Matrosimone Mr. Simone has over 15 years of experience as a As needed
Chief plumbing plans examiner and inspector. Mr.
Mastrosimone has also served as Building Official
to various municipalities in Broward County.
.~
4..~(.." .
~. f"
.... '. /',\
City of Aventura
/SQ #05-07-28-2
4-4
C SA Group
j¡,J
Building and Engineering
Inspections and Plan Review
City of Aventura Services, including structural
review to high rises, 1995 .. Present X
commercial and residential
buildings,
Building Inspection and Plan ,~'~;i\
City of Coral Gables \"",.,,-'j
Review Services 1996.. Present X \~"!.~~~'
Building Inspection and Plan [D
City of Miami Review Services for the 1995 - Present X
Building and Public Works -
De artment
Structural Plans Review .
City of Miami Beach 1997.. 2003 X ð ".
Building Inspection and Plan
City of Miami Gardens Review Services 2004 - Present X
Code Enforcement Services ¡!¡
Engineering Inspection and '".",'
City of North Bay Village Plans Review Services 2001 .. 2003 X ¡)
General Plan Review and
City of North Miami Inspections Services 2002 - 2003 X
Building Inspection and Plan .
Town Miami lakes Review Services 2002 .. Present X
Code Enforcement Services
Village of EI Portal Building Inspection and Plan
Review Services 2005 - Present X *
Code Enforcement Services . .... .
Village of Palmetto Bay Building Inspection and Plan
Review Services 2003 - Present X
Code Enforcement Services
Building, Engineering
Village of Pinecrest Inspection and Plan Review 2001 - 2003 X
Services I:t
Current Total *5 6 ~
Similar SetVices During the Past Five Years
* The Village of Key Biscayne was the first "start-up" Building Department, but we have not
provided services there within the last five (5) years (from 1992-1999) and therefore is not listed,
..t....+ /
.~~ j-
......',)"'\/
CSA
Group
City of Aventura
fSQ #05-07-28-2
6 -1
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
DATE:
City Commission . -~~
Eric M, Soroka, ICMA-CM(: \na r
September 26, 2005
Resolution Establishing Criteria for the Award of Keys to the City
FROM:
SUBJECT:
October 11, 2005 City Commission Meeting Agenda Item Jc.E
RECOMMENDATION
Attached hereto for your review and approval is a Resolution establishing criteria for the
award of keys to the City. This item was discussed and reviewed at the September
Workshop Meeting.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CCO1420-05
RESOLUTION NO. 2005-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, ESTABLISIDNG CRITERIA FOR
THE AWARD OF KEYS TO THE CITY OF A VENTURA;
APPROVING PROTOTYPE KEY TO THE CITY OF
AVENTURA; PROVIDING FOR IMPLEMENTATION;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, from time to time, it is appropriate for the Mayor and the City Commission of the
City of Aventura to award or present keys to the City of Aventura (the "City Key") to individuals who
are worthy of special recognition by the City because of their actions or accomplishments; and
WHEREAS, the City Commission desires to establish criteria for the award and presentation
of the City Key, as described herein.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1.
Recitals. That the above stated recitals are hereby confirmed and adopted,
Section 2.
City Kev PrototvJJe. That the prototype or sample of the City Key, which is
depicted on Exhibit "A" attached hereto, is hereby approved for use as the City Key pursuant to the
provisions and procedures provided herein,
Section 3. AwardofCitvKev. That the City Key shall be awarded to those persons,
firms, organizations or entities who have distinguished themselves for public recognition and
appreciation by their achievements or accomplishments. by activities which include but are not limited
to, the following:
a,
making of a valuable contribution in the fields of art, science or public
health for the betterment of the lives of others;
b,
contributions to the enhancement of the quality of life in the City of
Aventura, county, region, state or nation;
c,
contributions to the economic development of the City of A ventura;
d,
acts of heroism for which recognition is appropriate;
e.
rendering of service to the public;
f.
activities which otherwise warrant recognition by award of the City
Key.
Section 4.
Procedure.
That the procedure for the award of the City Key shall be that
nominees for receipt of the City Key may be suggested by the Mayor or any Commissioner and be
Resolution No. 2005-
Page 2
placed on the Agenda of any Commission Workshop meeting for consideration by the City
Commission, Final approval shall be at a regular Commission meeting. Additionally, the Mayor or
the Vice Mayor in the absence or unavailability of the Mayor or any Commissioner in the absence or
unavailability of the Mayor and Vice Mayor. may, in his or her discretion, from time to time, award
the City Key to persons, firms, organizations. or entities who:
a.
b.
clearly meet the criteria of Section 3 of this Resolution; or
are dignitaries of Florida local and state government; or
are foreign dignitaries who are recognized as valuable allies of the United
States of America;
c,
under those circumstances in which time does not permit presentation of a nomination to the City
Commission at a Workshop or regular meeting,
Section 5.
Implementation.
That the City Manager is authorized to provide for the
implementation of the policies which are provided for herein and to arrange for the supply and purchase
of the City Keys in accordance with appropriations made within the municipal budget.
Section 6. Effective Date. That this Resolution shall become effective immediately upon
adoption hereof.
The foregoing Resolution was offered by Commissioner
adoption, The motion was seconded by Commissioner
vote, the vote was as follows:
, who moved its
, and upon being put to a
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Ho1zberg
Commissioner Billy Joel
Commissioner Michael Stem
Commissioner Luz Urbàez Weinberg
Mayor Susan Gottlieb
2
Resolution No. 2005-
Page 3 -
PASSED AND ADOPTED this 11th day of October, 2005.
Susan Gottlieb, Mayor
Attest:
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
Hfn14f\
City Attorney
3
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
City Commission ~~
Eric M. Soroka, ICMA-CM,!'! ~g r
September 26, 2005
Aventura City of Excellence School Annual Financial Statements
TO:
DATE:
SUBJECT:
October 11, 2005 City Commission Meeting Agenda Item ~
RECOMMENDATION
It is recommended that the City Commission adopt a motion to accept for filing the
Special Purpose Financial Statements for Aventura City of Excellence School for Fiscal
Year 2004/05. The attached staff report outlines the highlights of the report.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CCO1419-05
. ,
----r
, .
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
THROUGH: Eric M. Soroka, City M
.~ C-- -
FROM: Harry M. Kilgore, F ance
TO:
DATE:
September 15, 2005
SUBJECT:
Aventura City of Excellence School
Special Purpose Financial Statements
Backaround
As required by State law and our Charter School Contract with the Miami-Dade
District School Board, we have prepared financial statements for the School's fiscal
year ended June 30, 2005. The statements were audited by Keefe McCullough &
Co.
This was the second year of actual operations of the School. The Report complies
with Generally Accepted Accounting Principles, including Governmental
Accounting Standard Board (GASB) Statement No 34, The cover reflects that the
Report contains "Special Purpose Financial Statements" for the "Aventura City of
Excellence School, a blended component unit of the City of Aventura, Florida."
This means that the financial operations of the School will be reflected in the City of
Aventura's Comprehensive Annual Financial Report for the next City fiscal year.
The key information in the report can be found on page 17:
Final
Budaet Actual Amount
Amount Budget Basis Variance
Total Revenues 3,808,973 3,828,953 19,980
Total Expenditures 3,926,393 3,920,023 6,370
Excess of Revenues
Over (117,420) (91,070) 26,350
lUnder/Expenditure)
Fund Balance, 117420 394,343 276923
Julv 1, 2003
Fund Balance, -0- 303,273 303,273
June 30, 2004
As shown above, the fund balance amount at June 30, 2005 was the result of
revenues being greater than projected by $19,980 and by expenditures being
$6,370 less than budgeted and the Fund balance being $276,923 greater than
budgeted. This results in a total fund balance of $303,273.
Page (2)
Aventura City of Excellence School
Special Purpose Financial Statements
The $303,273 is also reflected as unrestricted net assets on page 7 and on page 9
as Total Fund Balance. This amount is available to fund future budgets. The
2005/06 budget for the School currently includes an estimated beginning fund
balance of $300,000 on Page 16 of the Budget. Therefore, the 2004/05 results will
not adversely affect the 2005/06 and future years.
Future Actions
The Rules of the Auditor General, Chapter 10.550, requires that the Financial
Statements be filed as an official record at a public meeting. We will place a
motion on the October 11, 2005 agenda to satisfy this requirement.
If there are any questions, please feel free to call or stop by my office.
HMK/mn
T ~
.
A Blended Component Unit
of the City of Aventura, Florida
AVENTURA CITY OF EXCELLENCE SCHOOL
Special Purpose Financial Statements
For the Fiscal Year Ended
June 30, 2005
A VENTURA CITY OF
EXCELLENCE SCHOOL
(A Blended Component Unit of
the City of Aventura, Florida)
SPECIAL PURPOSE FINANCIAL STATEMENTS
AND ADDITIONAL INFORMATION
For the Year Ended June 30, 2005
A VENTURA CITY OF EXCELLENCE SCHOOL
SPECIAL PURPOSE FINANCIAL STATEMENTS AND ADDITIONAL INFORMATION
TABLE OF CONTENTS
For the Year Ended June 30. 2005
INDEPENDENT AUDITORS' REPORT
MANAGEMENT'S DISCUSSION AND ANALYSIS (not covered by
Independent Auditors' Report)
PAGES
1-2
3-6
SPECIALPURPOSE FINANCIAL STATEMENTS
Government-wide Financial Statements:
Statement of Net Assets
Statement of Activities
7
8
Fund Financial Statements:
Balance Sheet - Governmental Fund
9
Statement of Revenues, Expenditures and Change in Fund Balance -
Governmental Fund
10
11-15
Notes to Special Purpose Financial Statements
REQUIRED SUPPLEMENTAL INFORMATION
Budgetary Comparison Schedule
16-17
OTHER AUDITORS' REPORTS
Independent Auditors' Report on Internal Control Over
Financial Reporting and on Compliance and Other
Matters Based on an Audit of Financial Statements
Performed in Accordance with Government Auditing Standards
Independent Auditors' Report to the Board of Directors
18-19
20-21
Internal Control Comments and Recommendations
22
KEEFE, McCULLOUGH & CO., LLP
CERTIFIED PUBLIC ACCOUNTANTS
CHRISTOPHER L COLLINS. CPA
CHARLES K. RUMPF. CPA
ISRAEL L GOMEZ. CP A
KEVIN R. ROACH. CPA
6550 NORTH FEDERAL HIGHWAY
SUITE 410
FORT LAUDERDALE, FLORIDA 33308
(954) 771-0896
FAX: (954) 938-9353
E-MAIL: krnc@kmccpa.com
JOHN R. KEEFE. CPA
JOHN E. McCULLOUGH CPA (RE11REO)
THOMAS T. CARPENTER, CP.A.
PAUL B. SNEIOER, CPA (RET!REO)
STEVEN H. WOODS, CPA
OAVIO T WILLIAMS, CPA
JOSEPH D. LEO, CPA
WILLIAM G. BENSON, CPA
BRIAN O. PINNELL. CPA (RETIRED)
KENNETH G SMITH: CPA.
LOUIS R. PROIElTO, CPA
CYNTHIA L CALVERT, CPA
INDEPENDENT AUDITORS' REPORT
To the Board of Directors
A ventura City of Excellence School
A ventura, Florida
We have audited the accompanying special purpose financial statements of the governmental
activities and the General Fund of A ventura City of Excellence School (a blended component unit of
the City of Aventura, Florida) as of and for the year ended June 30, 2005, which collectively
comprise the School's special purpose [mancial statements, as listed in the table of contents, These
special purpose financial statements are the responsibility of A ventura City of Excellence School's
management. Our responsibility is to express an opinion on these special purpose financial statements
based on our audit.
We conducted our audit in accordance with auditing standards generally accepted in the United
States of America, and standards applicable to financial audits contained in Government Auditing
Standards issued by the Comptroller General of the United States. Those standards require that we
plan and perform the audit to obtain reasonable assurance about whether the special purpose financial
statements are free of material misstatement. An audit includes examining, on a test basis, evidence
supporting the amounts and disclosures in the special purpose financial statements, An audit also
includes assessing the accounting principles used and significant estimates made by management, as
well as evaluating the overall special purpose financial statement presentation, We believe that our
audit provides a reasonable basis for our opinion,
In our opinion, the special purpose financial statements referred to above present fairly, in all
material respects, the financial position of the governmental activities and the General Fund of
Aventura City of Excellence School as of June 30, 2005, and the respective changes in financial
position for the year then ended in conformity with accounting principles generally accepted in the
United States of America.
In accordance with Government Auditing Standards, we have also issued our report dated August
12, 2005, on our consideration of Aventura City of Excellence School's internal control over
financial reporting and our tests of its compliance with certain provisions of laws, regulations,
contracts, grant agreements and other matters. The purpose of that report is to describe the scope
of our testing of internal control over [mancial reporting and compliance and the results of that
testing, and not to provide an opinion on the internal control over financial reporting or on
compliance That report is an integral part of an audit performed in accordance with Government
Auditing Standards and should be considered in assessing the results of our audit.
A ventura City of Excellence School
The management's discussion and analysis and budgetary comparison information on pages 3
through 6 and 16 through 17, respectively, are not a required part of the special purpose financial
statements but are supplemental information required by accounting principles generally accepted in
the United States of America. We have applied certain limited procedures, which consisted
principally of inquiries of management regarding the methods of measurement and presentation of
the supplemental information, However, we did not audit the information and express no opinion
on it.
Fort Lauderdale, Florida
August 12, 2005
/~, In,~!¿/~,-~
KEEFE, McCULLOUGH & CO" LLP
2
MANAGEMENT'S DISCUSSION
AND ANALYSIS
A VENTURA CITY OF EXCELLENCE SCHOOL
MANAGEMENT'S DISCUSSION AND ANALYSIS
For the Year Ended June 30,2005
OUf discussion and analysis of Aventura City of Excellence School's (the School) financial
performance provides an overview of the School's financial activities for the fiscal year ended June
30, 2005 and 2004. Please read it in conjunction with the School's special purpose financial
statements which immediately follow this discussion.
OVERVIEW OF THE SPECIAL PURPOSE FINANCIAL STATEMENTS
This discussion and analysis is intended to serve as an introduction to the School's special
purpose financial statements, The special purpose financial statements are comprised of three
components: I) government-wide financial statements, 2) fund financial statements, and 3) notes to
the special purpose financial statements. This report also contains other required supplemental
information in addition to the special purpose financial statements themselves.
Government-wide financial statements
The government-wide financial statements, which consists of the statement of net assets and
the statement of activities, are designed to provide readers with a broad overview of the School's
finances, in a manner similar to a private-sector business.
The statement of net assets presents information on all the School's assets and liabilities, with
the difference between the two reported as net assets. Over time, increases or decreases in net assets
may serve as a useful indicator of whether the financial position of the School is improving or
deteriorating.
The statement of activities presents information showing how the School's net assets changed
during the year. All changes in net assets are reported as soon as the underlying event giving rise to
the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are
reported in this statement for some items that will only result in cash flows in future fiscal periods,
The government-wide financial statements can be found on pages 7 and 8 of this report.
Fund financial statements
A fund is a grouping of related accounts that is used to maintain control over resources that
have been segregated for specific activities or objectives. The School only has one category offunds-
governmental funds,
Governmental funds are used to account for essentially the same functions reported as
governmental activities in the government-wide financial statements. However, unlike the
government-wide financial statements, governmental fund financial statements focus on near-term
inflows and outflows of spendable resources, as well as balances of spendable resources available at
the end of the fiscal year, Such information may be useful in evaluating the School's near-term
financing requirements.
Because the focus of governmental funds is narrower than that of the government-wide
financial statements, it is useful to compare the information presented for governmental funds with
similar information presented for governmental activities in the government-wide financial statements.
By doing so, readers may better understand the long-term impact of the School's near-term financing
decisions, Both the governmental fund balance sheet and the governmental fund statement of
revenues, expenditures and change in fund balance provide a reconciliation to facilitate this
comparison between governmental funds and governmental activities,
3
A VENTURA CITY OF EXCELLENCE SCHOOL
MANAGEMENT'S DISCUSSION AND ANALYSIS
For the Year Ended June 30, 2005
The governmental fund financial statements can be found on pages 9 and 10 of this report.
Notes to special purpose financial statements
The notes provide additional information that is essential to a full understanding of the data
provided in the government-wide and fund special purpose financial statements, The notes to the
special purpose financial statements can be found on pages 11-15 of this report,
Other information
In addition to the special purpose fmancial statements and accompanying notes, this report also
presents certain required supplementary information concerning the School's adopted budget to actual
results. Required supplementary information can be found on pages 16 and 17 of this report.
GOVERNMENT-WIDE FINANCIAL ANALYSIS
As noted earlier, net assets may serve over time as a useful indicator of financial position. The
following table presents a comparative analysis of the condensed government-wide statements of net
assets,
Aventura City of Excellence School
Statements of Net Assets
2005 2004 Variance
CURRENT ASSETS $ 548,500 $ 605,082 $ (56,582)
NONCURRENT ASSETS 100.916 31.476 69.440
Total assets $ 649.416 $ 636,558 $ 12.858
LIABILITIES $ 245,227 $ 210,739 $ 34,488
NET ASSETS:
Invested in capital assets 100,916 31,476 69,440
Unrestricted 303.273 394,343 (91.070)
Total net assets 404.189 425,819 (21.630)
Total liabilities and
net assets $ 649.416 $ 636.558 $ 12.858
Resources that are subject to external restrictions on how they may be used are classified as
restricted assets. As of June 30, 2005 and 2004, the School had no restricted assets. The remaining
unrestricted balance may be used in any of the School's ongoing operations.
The following table presents comparative information of the condensed government-wide
statements of changes in net assets.
4
A VENTURA CITY OF EXCELLENCE SCHOOL
MANAGEMENT'S DISCUSSION AND ANALYSIS
For the Year Ended June 30, 2005
A ventura City of Excellence School
Changes in Net Assets
2005
2004
Variance
REVENUES:
General revenues $ 3,168,479 $ 3,307,541 $ (139,062)
Program revenues:
Charges for services 208,825 184,854 23,971
Capital grants 254,457 250,551 3,906
Operating grants and
contributions 251.101 191.948 59.153
Total revenues 3 882.862 3.934.894 (52,032)
EXPENSES:
Instruction 1,890,550 1,836,640 (53,910)
Instructional media services 66,192 69,697 3,505
Operation of plant 753,264 677,546 (75,718)
School administration 546,281 466,756 (79,525)
Pupil transportation services 95,955 68,318 (27,637)
Community services 74.287 76.427 2,140
Total governmental
activities 3.426.529 3,195.384 (231.145)
Change in net assets
before transfers 456,333 739,510 (283,177)
TRANSFERS (477 ,963) (458.185) (19.778)
Change in net
assets (21,630) 281,325 (302,955)
NET ASSETS, July 1 425,819 144.494 281.325
NET ASSETS, June 30 $ 404,189 $ 425.819 $ (21.630)
FINANCIAL ANALYSIS OF THE SCHOOL'S FUNDS
As noted earlier, the School uses fund accounting to maintain control over resources that have
been segregated for specific activities or objectives. The focus of the School's governmental funds
is to provide information on near-term inflows, outflows, and balances of spendable resources. Such
information is useful in assessing the School's financing requirements. In particular, unreserved fund
balance may serve as a useful measure of the School's net resources available for spending at the end
of the fiscal year.
As of the end of the years 2005 and 2004, the School's governmental fund reported ending
fund balance of$ 303,273 and $ 394,343, respectively. The fund balance unreserved and available
for spending at the School's discretion is $ 301,468. These funds are used for the School's operations
in the following fiscal year.
5
A VENTURA CITY OF EXCELLENCE SCHOOL
MANAGEMENT'S DISCUSSION AND ANALYSIS
For the Year Ended June 30, 2005
GENERAL FUND BUDGETARY HIGHLIGHTS
In December, 2004, the City and Charter Schools USA renegotiated their Administrative and
Educational Services Agreement to more accurately reflect the responsibilities of each party, This
process, which recognized the additional responsibilities assumed by the City, resulted in a reduction
of the fee and produced a cost savings of$ 146,000 for the 2005/2006 budget year.
CAPITAL ASSETS AND DEBT ADMINISTRATION
As of June 30, 2005, the School had an investment in property and equipment of $ 100,916,
This amount is net of accumulated depreciation of $ 24,420.
The School has no debt outstanding.
ECONOMIC FACTORS
Facts, decisions, or conditions that are expected to have a significant effect on the financial
position or results of operations of the School in fiscal year 2005/2006 include the following:
.
Aventura City of Excellence School, the first municipal sponsored charter
school in Miami-Dade County, opened its doors in August, 2003, During the
past two years, the School has operated at a full capacity of 600 students in
grades kindergarten through fifth grade, The School has been well received by
the Community resulting in waiting lists for all grades and the necessity to
utilize a lottery to determine which students are able to attend the School. In
June, 2005, the School was notified that it had received an FCA T rating of" A »
for the 2004/05 school year,
In July, 2004, the Charter School contract between the Miami-Dade County
School Board and the City of A ventura was amended to provide for the School
to be expanded to include a middle school component. The first phase of this
process begins with the 2005/06 school year with the addition of sixth grade
classes accommodating 100 students. In future years, one additional grade will
be added each year until the school reaches grade eight with a total enrollment
of 900 students, The capital cost associated with the expansion of the facility
to house the middle school grades was paid for by the City's General Fund.
.
The 2005/06 budget includes funds to provide a sixth grade for 100 students.
This impacted the budget by $ 735,000 including related capital outlays, It is
projected that the additional students will generate $ 621,000 in revenue. The
prior year's fund balance and cost savings from the reduced CSUSA fee will
subsidize the initial shortfall. This situation is unique in the first year of the
expansion due to providing for the necessary start up costs for the entire middle
school with a relatively small number of students, As the middle school grows
each year, additional revenues will offset expenditures.
REQUESTS FOR INFORMATION
This financial report is designed to provide a general overview of the Aventura City of
Excellence School's finances for all those with an interest. Questions concerning any of the
information provided in this report or request for additional financial information should be addressed
to the City of Aventura, 19200 West Country Club Drive, Aventura, Florida 33180.
6
SPECIAL PURPOSE
FINANCIAL STATEMENTS
A VENTURA CITY OF EXCELLENCE SCHOOL
STATEMENT OF NET ASSETS
June 30, 2005
ASSETS
CURRENT ASSETS:
Pooled cash and cash equivalents
Accounts receivable
Prepaid expenses
Total assets
$ 333,807
212,888
1.805
548.500
125,336
24.420
100,916
$ 649.416
Total current assets
NONCURRENT ASSETS:
Capital assets, depreciable
Less: accumulated depreciation
Total noncurrent assets
LIABILITIES AND NET ASSETS
LIABILITIES:
Accounts payable
Accrued expenses
Total liabilities
Total liabilities and net assets
$ 51,382
193.845
245,227
100,916
303.273
404.189
$ 649.416
NET ASSETS:
Invested in capital assets
Unrestricted
Total net assets
The accompanying notes to special purpose financial statements are an integral part of these statements,
7
A VENTURA CITY OF EXCELLENCE SCHOOL
STATEMENT OF ACTIVITIES
For the Year Ended June 30, 2005
FUNCTIONS/PROGRAMS:
Governmental activities:
Instruction
Instructional media
services
Operation of plant
School administration
Pupil transportation
services
Community services
Total governmental
activities
Expenses
Charges
for
Services
Program Revenues
Operating
Grants and
Contributions
Activities
Net
Revenue
(Expense) and
Change in Net
Assets
$ (1,700,410)
(66,192)
(413,694)
(546,281)
(47,921)
62.352
(2.712.146)
3,050,893
9,404
108,182
3,168,479
(477.963)
2.690.516
(21,630)
425,819
$ 404.189
The accompanying notes to special purpose financial statements are an integral part of these statements,
$ 1,890,550
66,192
753,264
546,281
$
72.186
95,955
74.287
136,639
$ 3.426.529
$
208.825
General revenues:
FTE nonspecific revenues
Investment earnings
Miscellaneous income
Total general revenues
Transfers
Total general revenues less
transfers
Change in net assets
Net assets:
July 1, 2004
June 30, 2005
8
Capital
Grants
$
$
190,140
254,457
12,927
48,034
$
$
254.457
251.101
A VENTURA CITY OF EXCELLENCE SCHOOL
BALANCESHEET-GOVERNMENTALFUND
June 30, 2005
ASSETS
ASSETS:
Pooled cash and cash equivalents
Accounts receivable
Prepaid expenditures
Total assets
LIABILITIES AND FUND BALANCE
LIABILITIES:
Accounts payable
Accrued expenses
Total liabilities
FUND BALANCE:
Reserve for prepaid expenditures
Unreserved
Total fund balance
Total liabilities and fund balance
Reconciliation of the governmental fund balance sheet to the
statement of net assets:
GOVERNMENTAL FUND BALANCE
Amounts reported for governmental activities in the statement of
net assets are different because:
Capital assets used in governmental activities are not
financial resources and therefore are not reported in
the fund,
The cost of capital assets is
Accumulated depreciation is
$
125,336
(24,420)
NET ASSETS OF GOVERNMENTAL ACTIVITIES, PAGE 7
General
Fund
$
333,807
212,888
1.805
548.500
$
$ 51,382
193,845
245,227
1,805
301.468
303.273
$ 548.500
$
303,273
$
100,916
404,189
The accompanying notes to special purpose financial statements are an integral part of these statements,
9
A VENTURA CITY OF EXCELLENCE SCHOOL
STATEMENT OF REVENUES, EXPENDITURES AND CHANGE
IN FUND BALANCE - GOVERNMENTAL FUND
For the Year Ended June 30, 2005
REVENUES:
Federal sources
State sources
Local sources
Total revenues
EXPENDITURES:
Current -
Instruction
Instructional media services
Operation of plant
School administration
Pupil transportation services
Community services
Total expenditures
Excess of revenues over (under) expenditures
FUND BALANCE, July 1, 2004
FUND BALANCE, June 30, 2005
NET DECREASE IN FUND BALANCE - GOVERNMENTAL FUND
Amounts reported for governmental activities in the statement of
activities are different because:
Governmental funds report capital outlays as expenditures;
in the statement of activities these costs are allocated
over their estimated useful lives as provision for depreciation.
The cost of capital assets purchased
Provision for depreciation
$
90,227
(20,787)
CHANGE IN NET ASSETS ON THE STATEMENT OF
ACTIVITIES, PAGE 8
General
Fund
$
203,067
3,305,350
374.445
3,882,862
1,959,987
66,192
1,231,227
546,281
95,955
74.290
3,973,932
(91,070)
394,343
$ 303,273
$ (91,070)
69.440
$
(21.630)
The accompanying notes to special purpose financial statements are an integral part of these statements.
10
A VENTURA CITY OF EXCELLENCE SCHOOL
NOTES TO SPECIAL PURPOSE FINANCIAL STATEMENTS
June 30, 2005
NOTE 1 - ORGANIZATION AND OPERATIONS
A ventura City of Excel1ence School (the School), is a blended component unit of the City of
A ventura, Florida. The School commenced operations in August, 2003 in the City of A ventura and
offers classes for grades kindergarten through fifth with an enrol1ment of 600 for the year ended June
30, 2005,
NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Reporting entitv:
The School operates under a charter granted by the sponsoring school district, the Miami-Dade
County Public School District (the District), The current charter is effective until June 20, 2018,
During the year, the School amended the charter to include grades six through eight. At the end of
the term of the charter, the District may choose not to renew the charter under grounds specified in
the charter in which case the District is required to notify the School in writing at least ninety days
prior to the charter's expiration, During the term of the charter, the District may also terminate the
charter if good cause is shown.
The School may also be fmancial1y accountable if an organization is fiscal1y dependent on the
School regardless of whether the organization has a separately elected governing board, a governing
board appointed by another government, or a jointly ap\,roved board. In addition, component units
can be other organizations for which the nature and siglllficance of their relationship with the School
are such that exclusion would cause the reporting entity's special purpose fmancial statements to be
misleading or incomplete.
As a result of evaluating the above criteria, management has determined that no component
units exist for which the School is fmancial1y accountable which would require inclusion in the
School's special purpose fmancial statements.
Basis of presentation:
Based on the guidance provided in the American Institute of Certified Public Accountants
Audit and Accounting guide - Audits of States , Local Governments, and Not-for-Profit Organizations
and provisions of Florida Statutes, the School is presented as a governmental organization for financial
statement reporting purposes.
Government-wide fmancial statements:
The School's special purpose financial statements include both government-wide (reporting the
School as a whole) and fund financial statements (reporting the School's major fund). Both the
government-wide and fund fmancial statements categorize primary activities as either governmental
or business type, Al1 of the School's activities are classified as governmental activities,
In the government-wide statement of net assets, the governmental activities column is presented
on a consolidated basis, if applicable, and is reported on a full accrual, economic resource basis,
which recognizes all noncurrent assets and receivables as well as al1 noncurrent debt and obligations.
The School's net assets are reported in three parts: invested in capital assets, net ofrelated debt (if
applicable); restricted net assets; and unrestricted net assets. As of the year ended June 30,2005, the
School's net assets were classified as follows:
Invested in capital assets
Unrestricted
$
100,916
303,273
404,189
$
11
A VENTURA CITY OF EXCELLENCE SCHOOL
NOTES TO SPECIAL PURPOSE FINANCIAL STATEMENTS
June 30, 2005
NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued)
The government-wide statement of activities reports both the gross and net cost of each of the
School's functions. The net costs, by function, are also supported by general revenues. The statement
of activities reduces gross expenses by related program revenues, operating and capital grants,
Program revenues must be directly associated with the function, Operating grants include operating-
specific and discretionary (either operating or capital) grants while the capital grants column reflects
capital-specific grants,
This government-wide focus is more on the ability to sustain the School as an entity and the
change in the School's net assets resulting from the current year's activities.
Fund financial statements:
The accounts of the School are organized on the basis of funds. The operations of the only
fund is accounted for with a separate set of self-balancing accounts that comprise its assets, liabilities,
equity, revenues and expenditures.
The General Fund is employed in accounting for the financial activities of the School. It is a
governmental fund type and is used to account for all financial transactions,
Measurement focus and basis of accounting:
Basis of accounting refers to the point at which revenues or expenditures/expenses are
recognized in the accounts and reported in the special purpose financial statements. It relates to the
timing of the measurements made regardless of the measurement focus applied. Governmental funds
use the current financial resources measurement focus and the government-wide statement uses the
economic resources measurement focus.
Governmental activity in the government-wide financial statements is presented on the accrual
basis of accounting. Revenues are recognized when earned and expenses are recognized when
incurred.
The governmental fund financial statements are presented on the modified accrual basis of
accounting under which revenue is recognized in the accounting period in which it becomes
susceptible to accrual (i.e., when it becomes both measurable and available). "Measurable" means
the amount of the transaction can be determined and "available" means collectible within the current
period or soon enough thereafter to be used to pay liabilities of the current period. For this purpose,
the School considers revenues to be available if they are collected within one year of the end of the
current fiscal year,
Capital assets:
Capital assets purchased or acquired are capitalized at historical cost or estimated historical
cost. Donated capital assets are valued at the estimated fair market value as of the date received.
Additions, improvements and other capital outlays that significantly extend the useful life of an asset
are capitalized and depreciated over the remaining useful lives of the related fixed assets. Other costs
incurred for repairs and maintenance are expensed as incurred.
Depreciation on all assets is provided on the straight-line basis over the estimated useful lives
as follows:
Equipment
3-5 years
12
A VENTURA CITY OF EXCELLENCE SCHOOL
NOTES TO SPECIAL PURPOSE FINANCIAL STATEMENTS
June 30, 2005
NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued)
GASB No. 34 required the School to report and depreciate new infrastructure assets effective
as of June 30,2003, Infrastructure assets include roads, bridges, underground pipe, traffic signals,
etc. These infrastructure assets are likely to be the largest asset class of the School. Neither their
historical cost nor related depreciation has historically been reported in the [mancial statements. The
retroactive reporting of infrastructure is subject to an extended implementation period and is first
effective for fiscal years ending in 2006. The School elected to implement the general provisions of
GASB No. 34 in the prior fiscal year, and because of its classification as a small government, it is not
required to implement the retroactive infrastructure provisions by the fiscal year ending June 30,
2007.
Equitv classifications:
Government-wide statements
Equity is classified as net assets and displayed in three components:
a.
Invested in capital assets, net of related debt - consists of capital assets including
restricted capital assets, net of accumulated depreciation and reduced by the
outstanding balances of any bonds or other borrowings that are attributable to the
acquisition, construction or improvement of those assets.
Restricted net assets - consists of net assets with constraints placed on their use either
by 1) external groups such as creditors, grantors, contributors, or laws or regulations
of other governments, or 2) law through constitutional provisions or enabling
legislation.
b.
c.
Unrestricted net assets - all other net assets that do not meet the definition of
"restricted" or "invested in capital assets, net of related debt."
Fund statements
In the fund financial statements, governmental funds report reservations of fund balance for
amounts that are not available for appropriation or are legally restricted by outside parties for use for
a specific purpose. Designations of fund balance represent tentative management plans that are subject
to change,
Encumbrances:
Encumbrances represent commitments relating to unperformed contracts for goods or services,
At June 30, 2005, there were no encumbrances outstanding.
Grant and contract revenue:
Grant and contract revenue is recognized when the allowable costs as defined by the individual
grant or contract are incurred, Monies received in advance for which no costs have been incurred are
recorded as deferred revenue until allowable costs attributable to such monies are incurred.
13
A VENTURA CITY OF EXCELLENCE SCHOOL
NOTES TO SPECIAL PURPOSE FINANCIAL STATEMENTS
June 30, 2005
NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued)
Deposits and investments:
The School's cash and cash equivalents are maintained by the City in a pooled cash account
for all funds, This enables the City to invest large amounts of idle cash for short periods of time and
to optimize earnings potential. Cash and cash equivalents represents the amount owned by each fund
of the City.
Cash and cash equivalents, which consist of cash and short-term investments with original
maturities of three months or less when purchased, include cash on hand, demand deposits, and
investments with the State Board of Administration Investment Pool.
Post retirement benefits:
The School provides no post-retirement benefits to employees,
Compensated absences pavable:
The School's sick leave policy is to permit employees to accumulate earned but unused sick
pay benefits. Upon termination, sick pay is paid out between 10-50% based on length of service.
The School's vacation policy is that earned vacation is cumulative although limited to certain
maximums based on length of service.
Accumulated compensated absences are recorded as expenses in the government-wide when
earned, Expenditures for accumulated compensated absences have been recorded in the governmental
funds only in connection with terminated employees.
NOTE 3 - BUDGET
The School formally adopted a budget for the year ended June 30,2005, The budget has been
prepared in accordance with generally accepted accounting principles. A comparison of the actual
results of operations to the budgeted amounts for the General Fund is presented as required
supplemental information,
NOTE 4 - DEPOSITS AND INVESTMENTS
In addition to insurance provided by the Federal Depository Insurance Corporation, all deposits
are held in banking institutions approved by the Treasurer of the State ofFJorida to hold public funds,
Under Florida Statutes Chapter 280, Florida Securitv for Public Deposits Act, the State Treasurer
requires all Florida qualified public depositories to deposit with the Treasurer or another banking
institution eligible collateral. In the event of a failure of a qualified public depository, the remaining
public depositories would be responsible for covering any resulting losses. Accordingly, all amounts
reported as cash and cash equivalents are deemed as insured or collateralized and are, therefore, not
subject to classification by credit risk category under the provisions of GASB Statement No.3.
Deposits at June 30,2005 were $ 333,807.
14
A VENTURA CITY OF EXCELLENCE SCHOOL
NOTES TO SPECIAL PURPOSE FINANCIAL STATEMENTS
June 30, 2005
NOTE 5 - CAPITAL ASSETS
A summary of changes in governmental capital assets is as follows:
Balance Balance
July I, June 30,
--1QQL Additions Deletions 2005
Equipment $ 35,109 $ 90,227 $ $ 125,336
Less: accumulated
depreciation ~ 20.787 - 24,420
$ 31.476 $ 69,440 $ - $ 100,916
The provision for depreciation for the year ended June 30, 2005 amounted to $ 20,787. The
School allocated depreciation to instructional services.
NOTE 6 - INTERFUND TRANSFERS
Interfund transfers consist of amounts to fund the City of A ventura for reimbursement for the
acquisition of the land and original construction of the facility (Note 7).
NOTE 7 - CONTINGENCIES AND COMMITMENTS
During 2004, the City of Aventura amended the existing contract for administrative and
educational management services for the operations of the School. The amended contract expires in
June, 2013 and provides for a fee based on a percentage of certain revenues of the School in the
following amounts:
School Year
Ended
June 30
Percental!e of Revenues
2006
2007-2013
7%
6%
Additionally, certain other revenues that are attributable to the efforts of the management
company will be compensated at a rate of ten percent. Other incentive fees provided for by the contract
are based on [mancial and education performance goals.
The School's operations are located at a facility that is owned by the City of A ventura. In
September, 2002, the City entered into a bond indenture agreement with the Florida Intergovernmental
Finance Commission through an interlocal governmental agreement. As a result, the City issued
$ 12,610,000 in Series 2002 Revenue Bonds to finance the acquisition of land and the construction of
a charter school as well as the construction of a community center, Approximately $ 6,651,100 of the
bond issue related to the land and construction of the School facility, The School is committed to
reimburse the annual debt service on the obligation, including interest and principal, as required of the
City in the following amounts:
15
A VENTURA CITY OF EXCELLENCE SCHOOL
NOTES TO SPECIAL PURPOSE FINANCIAL STATEMENTS
June 30, 2005
NOTE 7 - CONTINGENCIES AND COMMITMENTS (continued)
Year ending
June 30
2006
2007
2008
2009
2010
Thereafter
$
$
$
$
$
$
441,000
442,400
440,700
441,000
443,300
9,055,700
The School received financial assistance from Federal and local governmental agencies in the
form of grants. The disbursement of funds received under these programs generally requires
compliance with terms and conditions specified in the grant agreements and may be subject to audit by
the grantor agencies. In accordance with OMB Circular A-133 Audits of States, Local Governments,
and Non-Profit Or!!anizations, the School is not required to conduct a "single audit" since the required
threshold of Federal and state money is currently $ 500,000 and the School did not exceed such
threshold,
NOTE 8 - RISK MANAGEMENT
The School is exposed to various risks of loss related to torts, thefts of, damage to and
destruction of assets, errors and omissions and natural disasters for which the School carried
commercial insurance. Settlement amounts have not exceeded insurance coverage for past years, In
addition, there were no reductions in insurance coverage from those in the prior year.
NOTE 9 - DEFINED CONTRIBUTION PENSION PLANS
Plan DescriDtion
The School is a single employer that contributes to three defined contribution pension plans
based on employee classification created in accordance with Internal Revenue Code Section 40 1 (a). The
plans currently cover two full-time employees of the School. Under these plans, the School contributes
between 12-18% depending on employee classification. School contributions for the School Manager,
Department Directors and Assistant Department Directors vest in the year they are contributed. School
contributions to general employees vest beginning after one year of service through year five in 20 %
increments, Participants are not permitted to make contributions during the year, The School made
plan contributions of approximately $ 19,000 during the year. Plan provisions and contribution
requirements may be amended by the City Commission.
The Plan's assets are administered by ICMA Retirement Corp, The School does not exercise
any control or fiduciary responsibility over the Plan's assets.
16
REQUIRED SUPPLEMENTAL
INFORMATION
A VENTURA CITY OF EXCELLENCE SCHOOL
BUDGETARY COMPAmSON SCHEDULE
For the Year Ended June 30, 2005
BUDGETED ACTUAL BUDGET TO
AMOUNTS AMOUNTS, aAAP ACTUAL
ORIGINAL BUDGETARY DIFFERENCES AMOUNTS
AND FINAL BAStS OVER (UNDER) GAAP BASIS
REVENUES:
FTE nonspecific revenues $ 3,180,492 $ 2,996,984 $(3) 53,909 $ 3,050,893
Operating grants and
contributions 100,000 203,067 203,067
Transportation funds 41,659 48,034 48,034
Capital grant funds 240,822 254,457 254,457
Charges for services 150,000 137,953 137,953
Investment earnings 1,000 9,404 9,404
Field trip revenue 20,000 70,872 70,872
Miscellaneous income 75.000 108.182 108,182
Total revenues 3,808.973 3.828.953 53.909 3.882,862
EXPENDITURES:
Salaries 1,862,732 1,819,475 1,819,475
Stipends 8,400 2,000 2,000
Professional services 511,645 465,749 (53,909) 519,658
Sick day buyout 13,320
Bonuses 24,713 12,100 12,100
Social security taxes 140,520 132,104 132,104
Pension expense 28,266 18,879 18,879
Employee health insurance 166,268 152,056 134,147
Utilities 67,500 74,016 74,016
Telephone 15,000 19,582 19,582
Insurance 22,000 29,360 29,360
Supplies 125,441 177,472 177,472
Textbooks 107,000 119,278 119,278
Repairs and maintenance 83,300 153,624 153,624
\yorkers' compensation 21,681 2,700 2,700
lllsurance
Provision for depreciation (1) 20,787 20,787
Dues and fees 4,251 5,628 5,628
Field trips 40,000 105,762 105,762
Travel 16,073 11,981 11,981
Food services 68,279 45,141 45,141
Advertising 5,000 3,126 3,126
Transfers 472,585 477,963 477,963
Contingency 52,419 1,800 1,800
Capital outlay 70,000 90,227 (1) (90,227)
Total expenditures 3.926.393 3.920.023 023.349) 3.904.492
Excess of revenue
over (under)
expenditures (117,420) (91,070) (69,440) (21,630)
17
A VENTURA CITY OF EXCELLENCE SCHOOL
BUDGETARY COMPARISON SCHEDULE
(continued)
For the Year Ended June 30, 2005
BUDGETED ACTUAL BUDGET TO
AMOUNTS AMOUNTS, GAAP ACTUAL
ORIGINAL BUDGETARY DIFFERENCES AMOUNTS
AND FtNAL BASIS OVER (UNDER) GAAP BASIS
117 .420 394.343 (2) 31.476 425,819
$ $ 303,273 $ 100.916 $ 404,189
FUND BALANCE,
July 1,2004
FUND BALANCE,
June 30, 2005
EXPLANATION OF DIFFERENCES:
(I)
(2)
(3)
Governmental funds report capital outlays as expenditures
However, in the statement of activities, the cost of those
assets is al1ocated over their estimated useful lives as a
provision for depreciation. This is the amount by which the
provision for depreciation exceeds capital outlays in the
current period,
$
69.440
The amount reported as "fund balance" on the budgetary
basis of accounting is derived from the basis of accounting
used in preparing the School's budget. (See Note 3
for a description of the School's budgetary accounting
method). This amount differs from the fund balance
reported in the statement of revenues, expenditures and
change in fund balance because of the cumulative effect
of transactions such as those described above.
$
31.476
The budget is adopted using the same basis of accounting on
which the financial statements are prepared except for a
2 % administrative charge that is retained by the Miami-Dade
County District School Board. This amount is not reflected
on the School's budget basis due to the lack of availability of
such funds.
$
53,909
18
OTHER AUDITORS' REPORTS
KEEFE, McCULLOUGH & CO., LLP
CERTIFIED PUBLIC ACCOUNTAc"lTS
CHRISTOPHER L COWNS. CPA
CHARLES K. RUMPF. CPA
ISRAELl. GOMEZ CPA
KEVIN R. ROACH, CPA
6550 NORTH FEDERAL HtGHWAY
SUITE 410
FORT LAUDERDALE, FLORIDA 33308
(954) 771-0896
FAX: (954)938-9353
E-MAIL: kmc@kmccpa.com
JOHN R. KEEFE, CPA JOSEPH O. LEO. CPA
JOHN E. M,CULLOUGH, CPA (RETIREO) WILLIAM G. BENSON, CP.A
THOMAS T. CARPENTER. CPA BRIAN O. P'NNELL. CPA ¡RETtREO)
PAUL a SNEIDER, CPA (RETIREO) KENNETH G. SMITH, CP.A
STEVEN H. WOOOS, CPA LOUIS R. PROtETTO, CP.A
DAYJOT WILLIAMS, CPA CYNTHIA L. CALVERT. CPA
INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL OVER
FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MA TIERS
BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED
IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS
The Board of Directors
A ventura City of Excellence School
A ventura, Florida
We have audited the special purpose financial statements of A ventura City of Excellence School,
(a blended component unit of the City of Aventura, Florida) as of and for the year ended June 30,
2005, and have issued our report thereon dated August 12, 2005. We conducted our audit in
accordance with auditing standards generally accepted in the United States of America and the
standards applicable to financial audits contained in Government Auditing Standards, issued by the
Comptroller General of the United States.
Internal Control over Financial Reporting
In planning and performing our audit, we considered A ventura City of Excellence School's
internal control over financial reporting in order to determine our auditing procedures for the purpose
of expressing our opinion on the special purpose fmancial statements and not to provide an opinion
on the internal control over financial reporting. Our consideration of the internal control over
financial reporting would not necessarily disclose all matters in the internal control over financial
reporting that might be material weaknesses. A material weakness is a reportable condition in which
the design or operation of one or more of the internal control components does not reduce to a
relatively low level the risk that misstatements caused by error or fraud in amounts that would be
material in relation to the special purpose financial statements being audited may occur and not be
detected within a timely period by employees in the normal course of performing their assigned
functions. We noted no matters involving the internal control over financial reporting and its
operation that we consider to be material weaknesses,
Compliance and Other Matters
As part of obtaining reasonable assurance about whether the School's special purpose financial
statements are free of material misstatement, we performed tests of its compliance with certain
provisions of laws, regulations, contracts and grant agreements, noncompliance with which could
have a direct and material effect on the determination of special purpose financial statement amounts,
However, providing an opinion on compliance with those provisions was not an objective of our audit
and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances
of noncompliance or other matters that are required to be reported under Government Auditing
Standards.
19
A ventura City of Excellence School
This report is intended solely for the information and use of School management, the Board of
Directors, the Auditor General of the State of Florida and the Miami-Dade County District School
Board. This restriction is not intended to limit the distribution of this report, which is a matter of
public record.
/4, ât4.;(,./ L-LP
KEEFE, McCULLOUGH & CO., LLP
Fort Lauderdale, Florida
August 12, 2005
20
KEEFE, McCULLOUGH & CO., LLP
CERTIFIED PUBLIC ACCOUNTANTS
>OHN R. KEEFE. C.PA
10HN E. M,CULLOUGH, CPA (RETIRED)
THOMAS T. CARPENTER. C.P.A
PAUL B. SNEIOER, cPA (RETIREO)
STEVEN H. WOOOS, CPA
OAVIOT. WILLlAMS,C.PA
>OSEPH D. LEO. CPA
WILLIAM G. BENSON, CP.A
BRtAN O. PINNELL. CPA (RET.IREO)
KENNET.H G SMITH, CPA
LOUIS R. PROtETro, c.P.A
CYNTHIA L. CALVERT.. CP.A
6550 NORTH FEDERAL HIGHWAY
SUlTE4tO
FORT LAUDERDALE, FLORIDA 33308
(954) 771-0896
FAX: (954) 938-9353
E-MAIL: kmc@kmccpa.com
CHRIST.OPHER L. COLLINS, CPA
CHARLES K. RUMPF. CPA
ISRAELI.GOMEZ.Cn
KEVIN R. ROACH. CPA
INDEPENDENT AUDITORS' REPORT TO THE BOARD OF DIRECTORS
The Board of Directors
A ventura City of Excellence School
A ventura, Florida
This letter is written in connection with our audit of the special purpose financial statements of
Aventura City of Excellence School, (a blended component unit of the City of Aventura School
District) as of and for the year ended June 30, 2005, The purpose of this letter is to communicate
to you any comments and recommendations, and to comply with the requirements of Chapter 10.850
Rules of the Auditor General, Charter School Audits which requires that this report specifically
address but not be limited to the matters outlined in Rule 10,854(i)(d),
The following statements relate to requirements of the Auditor General:
1.
There were no inaccuracies, irregularities, shortages, defalcations, fraud
and/or violations oflaws, rules, regulations or contractual provisions reported
for the preceding audit.
2,
There was a recommendation made relating to the preceding audit and the
status of that item is disclosed on page 22,
3,
There were no recommendations to improve the School's financial
management, accounting procedures or internal controls,
4,
There were no violations of laws, rules, regulations or contractual provisions
discovered during our audit,
There were no illegal or improper expenditures discovered during our audit.
5,
6,
There were no other matters requiring correction discovered during our audit,
relating to improper or inadequate accounting procedures, improperly recorded
transactions, fraud or other reportable conditions,
7,
The Charter School is operated by the City which was created by Resolution
No, R-ll04-95 of the Miami-Dade County Commission on July 25, 1995,
21
A ventura City of Excellence School
This report is intended solely for the information and use of the Board of Directors, management,
the Auditor General of the State of Florida and the Miami-Dade County District School Boar~ and
is not intended to be and should not be used by anyone other than those specified parties. However,
this report is a matter of public record and its distribution is not limited.
/4, ?1'Zvttg",..,L!l/ Lt-,Þ
KEEFE, McCULLOUGH & CO" LLP
Fort Lauderdale, Florida
August 12, 2005
22
A VENTURA CITY OF EXCELLENCE SCHOOL
INTERNAL CONTROL COMMENTS AND RECOMMENDATIONS
June 30, 2005
STILL
APPLICABLE
PRIOR YEAR COMMENTS AND RECOMMENDATIONS
There were instances where the School could not locate
supporting documentation such as a check copy or validated
deposit slip, It was recommended that Aventura City of
Excellence School ensure that all revenue received have
proper supporting documentation such as copies of checks
received and validated deposit slips to support all receipts,
CURRENT YEAR COMMENTS AND RECOMMENDATIONS
NONE
23
IMPLEMENTED
ORNO
LONGER
RELEVANT
x
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Commission £.
Eric M. Soroka, ICMA-CM, C'./ ana er
September 27, 2005
Law Enforcement Mutual Aid Agreement Between the City and the
City of North Miami Beach
October 11, 2005 City Commission Meeting Agenda Item M
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
execution of the Law Enforcement Mutual Aid Agreement with the City of North Miami
Beach.
BACKGROUND
In order to improve cooperative relationships between law enforcement agencies and
provide a mechanism to share police resources in the event of emergencies or certain
demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows
agencies to enter into Police Services Mutual Aid Agreements. The various
departments use a basic Mutual Aid Agreement.
The following list comprises the circumstances and conditions under which mutual aid
may be requested:
1,
2.
The joint multijurisdictional criminal investigations.
Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trials, political conventions, labor disputes
and strikes,
Any natural disaster.
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.
3,
4.
5.
6.
7.
8.
9.
10,
11,
12.
13,
14.
15,
Terrorist activities including, but not limited to, acts of sabotage.
Escapes from disturbances within detention facilities.
Hostage and barricade subject situations, and aircraft piracy.
Control of major crime scenes, area searches, perimeter control, back-ups
to emergency and in-process calls, pursuits, and missing person calls.
Enemy attack,
Transportation of evidence requiring security.
Major events, e.g" sporting events, concerts, parades fairs, festivals and
conventions,
Security and escort duties for dignitaries.
Emergency situations in which one agency cannot perform its functional
objective,
Incidents requiring utilization for specialized units, e.g., underwater
recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol,
and police information,
Joint training in areas of mutual need.
The Agreement is beneficial in our mission to protect the safety and quality of life of our
residents.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CCO1422-05
RESOLUTION NO. 2005--
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF AVENTURA AND
THE CITY OF NORTH MIAMI BEACH FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1.
The City Manager is hereby authorized on behalf of the City of
Aventura to execute and otherwise enter into that certain Mutual Aid Agreement
between the City of Aventura and the City of North Miami Beach for law enforcement
activities in substantially the form as attached hereto.
Section 2.
The City Manager is hereby authorized to do all things necessary
and expedient in order to effectuate the execution of the attached Agreement described
in Section 1 above, and to carry out the aims of this Resolution.
Section 3.
This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
who moved its adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbàez Weinberg
Mayor Susan Gottlieb
I r
r I
-------------------,--
Resolution No. 2005-
Page 2 -
PASSED AND ADOPTED this 11th day of October, 2005.
Susan Gottlieb, Mayor
Attest:
Teresa M, Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
f~
City Attorney
/tms
MUTUAL AID AGREEMENT
Between the North Miami Beach Police Department
and the City of Aventura Police Department
WHEREAS, it is the responsibility of the governments of the City of North Miami
Beach, 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, because of the existing and continuing possibility of the occurrence
of law enforcement problems and other natural and manmade conditions which
are, or are likely to be, beyond the control of the services, personnel, equipment
or facilities of the participating municipal police departments; and
WHEREAS, in order to ensure the 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 Dade County municipalities; and
WHEREAS, the participating Dade County rnunicipalities have the authority
under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into a Mutual
Aid Agreement.
NOW, THEREFORE, BE IT KNOWN, that the City of North Miami Beach,
subdivision of the State of Florida, and the undersigned representatives, in
consideration of mutual promises to render valuable aid in times of necessity, do
hereby agree to fully and faithfully abide by and be bound by the following terms
and conditions:
1.
Short title:
Mutual Aid Agreement
2,
Description: Since the Mutual Aid Agreement provides for the requesting
and rendering of assistance for both routine and intensive law
enforcement situations, this Mutual Aid Agreement combines the elements
of both a voluntary cooperation agreement and a requested operational
assistance agreement as described in Chapter 23 Florida Statutes.
3.
Definitions:
A.
Joint declaration: A document which enumerates the various
conditions or situations where aid may be requested or rendered
pursuant to this Agreement, as determined by concerned agency
heads. Subsequent to execution by the concerned agency heads,
the Joint Declaration shall be filed with the clerks of the respective
political subdivisions and shall thereafter become part of this
4.
Agreement. Said declaration may be amended or supplemented
at any time by the agency heads by filing subsequent declarations
with the clerks of the respective political subdivisions.
B.
Agency or participating law enforcement agency: Either the
City of North Miami Beach Police Department or the participating
municipal police department.
C,
Agency Head: Either the Chief of the City of North Miami Beach
Police Department, or the Chief's designees, and the Chief of
Police of the participating municipal police department, or the
Chief's designees,
D,
Participating municipal police department: The police
department of any municipality in Dade County, Florida, that has
approved and executed this Agreement upon the approval of the
governing body of the municipality.
E.
Certified law enforcement employees: Any law enforcement
employee certified as provided in Chapter 943, Florida Statutes,
Operations,
A.
In the event that a party to this Agreement is in need of assistance,
as specified in the applicable Joint Declaration, an authorized
representative of the police department requiring assistance shall
notify the agency from which such assistance is requested. The
authorized agency representative whose assistance is sought shall
evaluate the situation and his available resources, and will respond
in a manner deemed appropriate.
B.
Each party to this Agreement agrees to furnish necessary man
power, equipment, facilities, and other resources and to render
services to the other party as required to assist the requesting
party in addressing the situation which caused the request;
provided, however, that no party shall be required to deplete,
unreasonably, its own manpower, equipment, facilities, and other
resources and services in rendering such assistance.
C,
The agency heads of the participating law enforcement agencies,
or their designees, shall establish procedures for giving control of
the mission definition to the requesting agency, and for giving
tactical control over accomplishing any such assigned mission and
supervisory control over all personnel or equipment provided
pursuant to this Agreement to the providing agency.
5.
Powers, Privileges, Immunities, and Costs:
A.
All employees of the participating municipal police department,
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 regularly
employed.
8,
The political subdivision having financial responsibility for the law
enforcement agency providing the services, personnel, equip-
ment, 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 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,
0,
All exemptions from ordinances and rules, and all pension,
insurance, relief, disability, workers compensation, salary,
death, and other benefits which apply to the activity of such
officers, agents, or employees of any such agency, when
performing their respective functions within the territorial limits
of their respective agencies, shall apply to them to the same
degree, manner, and extent while engaged in the performance
of their functions and duties extraterritorial under the provisions
of this Mutual Aid Agreement. The provision of this Agreement
shall apply with equal effect to paid and auxi:ia:y employees,
6,
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.
7.
Forfeitures: It is recognized that during the course of the operation of the
Agreement, property subject to forfeiture under the Florida Contraband
Forfeiture Act, Florida Statutes, may be seized. The property shall be
seized, forfeited, and equitably distributed among the participating
agencies in proportion to the amount of investigation and participation
performed by each agency, This shall occur pursuant to the provisions of
the Florida Contraband Forfeiture Act.
8.
Conflicts: Any conflict between this Agreement and the Florida Mutual
Aid Act will be controlled by the provisions of the latter, whenever
conditions exist that are within the definitions stated in Chapter 23, Florida
Statutes.
9.
Effective Date and Duration: This Agreement shall be in effect from
date of signing, through and including March 30, 2011, and under no
circumstances may this Agreement be renewed, amended or extended
except in writing.
10.
Cancellation: This Agreement may be canceled by either party upon
sixty (60) days written notice to the other party. Cancellation will be at the
discretion of the chief executive officers of the parties hereto.
AGREED AND ACKNOWLEDGED this _day of
,2005.
City Manager, City of North Miami Bch, FL
GARY BROWN
City Manager, City of Aventura, Florida
ERIC M. SOROKA, ICMA-CM
ATTEST:
ATTEST:
City Clerk, City of North Miami Beach, FL
City Clerk, City of Aventura, Flofidè
TERESA M. SOROKA, MMC
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
City Attorney, City of North Miami Beach, FL
City Attorney, City of Aventura, Florida
JOINT DECLARATION
OF THE CHIEF OF THE CITY OF AVENTURA POLICE DEPARTMENT
AND THE CHIEF OF THE CITY OF NORTH MIAMI BEACH POLICE
DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT
A deputy sheriff or police officer of either of the participating law enforcement
agencies shall be considered to be operating under th~ 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, hereto
entered into by the City of Aventura, Florida, and the City of North Miami
Beach, Florida, it is hereby declared that the following list comprises the
circumstances and conditions under which mutual aid may be requested and
rendered regarding police operations pursuant to the Agreement. Said list may
be amended or supplemented from time to time, as needs dictate by subsequent
declarations.
1.
Joint multi-jurisdictional criminal investigations
2.
Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trials, political conventions, labor disputes,
and strikes
3.
Any natural disaster
4.
Incidents which require rescue operations and crowd and traffic control
measures, including, but not limited to, large-scale evacuations, aircraft
and shipping disasters, fires, explosions, gas line leaks, radiological
incidents, train wrecks and derailments, chemical or hazardous waste
spills, and electrical power failures
5.
Terrorist activities including, but not limited to, acts of sabotage
6,
Escapes from or disturbances within detention facilities
7.
Hostage and barricaded subject situations, and aircraft piracy
8.
Control of major crime scenes, area searches, perimeter control, backups
to emergency and in-progress calls, pursuits, and missing persons calls
9.
Enemy attack
10.
Transportation of evidence requiring security
11.
Major events; e.g., sporting events, concerts, parades, fairs, festivals, and
conventions
12.
Security and escort duties for dignitaries
13.
Emergency situations in which one agency cannot perform its functional
objective
14.
Incidents requiring utilization of specialized units; e.g., underwater
recovery, canine, motorcycle, crime scene, marine patrol enforcement or
investigation, and police information
15.
Joint training in areas of mutual need
16.
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 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
17.
Mutual enforcement of all existing applicable laws and ordinances and
exercise of arrest powers within the area comprising the jurisdictional
waters within respective municipal boundaries
DATE:
DATE:
Chief North Miami Bch Police Dept.
North Miami Bch, Florida
LINDA LOIZZO
Chief of City of Aventura Police Dept.,
Aventura, Florida
THOMAS E. RIBEL
ATTEST:
ATTEST:
City of North Miami Bch, FL, CITY CLERK
City Clerk, City of Aventura
TERESA M, SOROKA, MMC
JOINT DECLARATION AMENDMENT UNDER
NORTH MIAMI BEACH POLICE/
AVENTURA POLICE
MUTUAL AID AGREEMENT
This Agreement amends the Joint Declaration under the Mutual Aid Agreement
of - , 200_, to include and permit concurrent marine patrol
related jurisdiction between agencies on the waters, waterways, canals,
channels, rivers, lakes, streams, and any and all other bodies of waters, including
the Intracoastal Waterway (ICW) that fall within either jurisdiction at this or any
future time during the term of this Mutual Aid Agreement.
It will be agreed between both Chiefs of Police of the City of North Miami
Beach and the City of Aventura to the following conditions of concurrent marine
patrol related jurisdiction:
1,
Both agencies will be permitted to patrol jurisdictional waters of either
jurisdiction, and to take enforcement actions as deemed appropriate
under city, state, and federal laws, rules, and regulations, and to write
boating law violation citations, make arrests, and to attend court on be-
half of the other agency,
2,
Both agencies agree that any and all incidents, which require an initial
(preliminary) police offense incident report (OIR), will be completed by
the agency making the initial contact. Any follow-up investigations that
are required are to be completed by the jurisdiction the incident occurred
regardless of which agency completed the original offense incident report.
3.
If an arrest is made by one agency that is operating in the jurisdictional
waters of the other agency, and that arrest results in asset forfeiture
proceedings, both agencies agree to a 50-50 share of the final asset
distribution following the payment of all expenses relating to the prose-
cution of the civil case. The jurisdiction of civil forfeiture action shall be
filed by seizing agency.
4.
Both agencies have the right to set their own days and hours for marine
patrol and agree to provide assistance and aid to the other agency under
the spirit of Mutual Aid Agreement.
This Amendment shall become effective upon the signing of both Chiefs of Police
and shall remain in effect until either the current Mutual Aid Agreement and Joint
Declaration expires or either agency gives written notice to the other agency to
rescind this Amendment.
I accept the terms and conditions of the aforementioned Amendment to the
current Mutual Aid Agreement and Joint Declaration between the City of
Aventura Police Department and the City of North Miami Beach Police
Department.
Date
Date
Gary Brown
City Manager
North Miami Beach, Florida
Eric M, Soroka, ICMA-CM
City Manager
Aventura, Florida
Linda Loizzo, Chief of Police
City of North Miami Beach Police Dept.
Thomas E. Ribel, Chief of Police
City of Aventura Police Dept.
(914:Joint Declaration)
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
DATE:
City Commission ~
Eric M. Soroka, ICMA-CM, Citr~ag
September 26, 2005
Traffic Video Monitoring System Work Authorization
TO:
SUBJECT:
October 11, 2005 City Commission Meeting Agenda Item ~
RECOMMENDATION
It is recommended that the City Commission approve the attached Resolution
authorizing Work Authorization No. 01-0103-059 with the City's Engineer, Craven
Thompson and Associates, Inc. for the implementation of the Traffic Video Monitoring
System Work Authorization in the amount of $398,450.
BACKGROUND
At the July 21, 2005 Commission Meeting, the City Commission rejected the only bid
received for the subject project and authorized the project to be managed in-house by
the Police Department by utilizing state bids, FOOT support and other resources
available to the City,
The attached Work Authorization provides for Craven Thompson to be the coordinating
entity for the project by utilizing various subcontractors to perform specialized work
associated with the project. The project also now contemplates utilizing fiber optic
technology. The first intersection scheduled for installation is Biscayne Boulevard and
Miami Gardens Drive. We are also investigating the possibility in the future of
connecting security camera video monitors from banks, the Charter School and Tauber
School to the system which could be monitored by Police Dispatch. Although this
project is complicated it is on a fast track for implementation.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CCO1421-05
. ,
, .
RESOLUTION NO. 2005--
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 01-0103-059 FOR TECHNICAL
SERVICES FOR THE IMPLEMENTATION OF THE
TRAFFIC VIDEO MONITORING SYSTEM BY AND
BETWEEN THE CITY OF AVENTURA AND CRAVEN
THOMPSON AND ASSOCIATES, INC.; PROVIDING FOR
THE CITY MANAGER TO DO ALL THINGS NECESSARY
TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1.
That the City Manager is hereby authorized to execute the attached
Work Authorization No. 01-0103-059 ($398,450.00) for technical services for the
implementation of the Traffic Video Monitoring System by and between the City and
Craven Thompson and Associates, Inc.
Section 2.
That 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
moved its adoption. The motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
, who
, and
Commissioner lev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbáez Weinber9
Mayor Susan Gottlieb
Resolution No. 2005--
Page 2
PASSED AND ADOPTED this 11th day of October, 2005
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M, SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
qJ~
CITY ATTORNEY
WORK AUTHORIZA nON NO. 01-0103-059
The City of Aventura has requested Work Authorization No. 01-0103-059 as provided for in the
Agreement between the City of Aventura and Craven Thompson and Associates, Inc. and
approved by the City Commission on July 3, 200 I.
This Work Authorization No 01-0103-059 provides for technical services in accordance with
Articles 3, 4, 6, 7 and 8 of the Agreement as further detailed in the scope of services in Exhibit A.
Payment for such services shall be in accordance with Article 5 of the Agreement.
Planning and Design Phase
Preliminary Design/Network Plans (Task No. 34020).........,........ ..... ....... $70.950.00
Total Planning Phase ..................................................................................,.... $70,950.00
Svstem Implementation and Integration Phase
System Implementation (Task No. 34090)........ ............. . $270,000.00
System Integration & Owner Acceptance (Task No. 34070) """","""""'.."" $47500.00
Total Construction Phase............................................................................... $317,500.00
Proiect M~n~"ement Phase
Project Management (Task No. 34080)..................... ...... ... ................ $10 000.00
Total Planning Phase """"""""""""""""""""""""""""""""""""""""""'" $10,000.00
Reimbursable Expenses
Printing, Graphics, Communications, Travel.., ................................................... $1,000.00
Couriers, Express Mail, Etc. ......................... .. ... .... ........... .... $1000.00
Total Reimbursable Expenses............................................................................ $2,000.00
Total Estimated Labor Expenses are................
Total Estimated Reimbursable Expenses are........
.. $398,450.00
.. $2,000.00
The time period for this work authorization will be:
Planning and Design Phase..........
Design Phase/Preparation of Bids..
....45 Days
.22 Weeks
ATTEST
BY
City Clerk
Teresa M. Soroka. MMC
APPROVED AS TO FORM
BY
City Attorney
Weiss Serota & Helfman, P.A.
CITY:
CITY OF A VENTURA, FLORIDA
through its City Manager
BY
City Manager
Eric M. Soroka. ICMA-CM
- day of
,2005
Notice to Proceed- Yes - No
Project Initiation Date
RECOMMENDED through its
Police Department
BY
-~~
Chief of Police
Chief Thomas E. Ribel
- day of
,2005
EXHIBIT "A"
The City of Aventura (City) plans to implement a Traffic Video Monitoring System throughout
the City. This system will include visual observation of traffic at major street intersections and a
wireless video connection from each intersection to City Hall. The system design will be based
on previous discussions between Craven Thompson & Associates (CTA) and the City Police
Department and the perfonnance specifications that were developed in February of2005.
The City envisions as many as 13 street intersections to be monitored by CCTV as part of the
overall project. Phase I of the project will include the installation of a pole mounted camera at
the intersection of Biscayne Boulevard and Miami Gardens Drive and the associated wireless
technology, hardware and software to relay images back to City Hall. The project will also
include a link with the Florida Department of Transportation (FDOT) traffic video monitoring
system.
This proposal encompasses the following objectives:
1. Initial planning and coordinating with City staff on the system requirements and
implementation process.
2. Update Perfonnance Specifications as required.
3. System implementation of a wireless CCTV system for the intersection of
Biscayne Boulevard and Miami Gardens Drive,
CCTV implementation will utilize the latest wireless technology available to meet the City's
needs. Cameras will be weatherproof day/night type with pan/tilt/zoom capability and cameras
and associated support equipment fur transmission and monitoring of these cameras.
CTA and our subconsultants will coordinate closely with the City during the project to ensure that
the desired system is implemented and tested in accordance with the Perfonnance Specifications.
CTA may utilize the services of Systems Integration & Maintenance, Inc., Transcore ITS, Inc.
and/or MCIS, Inc. as subconsu1tants for the project based on their expertise and knowledge in the
areas of wireless technology and CCTV technology and implementation. The scope of services
under this Work Authorization does not include any construction activities.
Consultant will more specifically provide professional services to implement a wireless CCTV
system:
1.1
Plannin!! and Desi!!n
Attend project kick-off meeting.
Coordinate with City staff to determine design criteria, intersection surveillance
requirements and other system requirements.
Prepare work schedule and update perfonnance specifications as needed.
Itemize system components and develop plans for implementation.
Prepare design plans for a Fiber Optics Solution.
Submit permit applications and obtain required permits and/or approvals for the
Fiber Optics Solution.
1.2 Phase 1 Svstem Imolementation and Intel!ration
Provide project management services and contract administration.
Coordinate with City and subconsultants on all aspects of system
implementation.
Review product submittals, shop drawings and contractor schedule.
Implement Fiber Optics solution for the Phase I Video Monitoring System,
including required hardware and software components.
Monitor installation methods and conformance to performance specifications.
Monitor commissioning and system integration with head-end system and
operation.
Provide support for post commissioning owner acceptance
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM:
Eric M. Soroka,
City Manager
TO:
City Commission
BY:
Joanne Carr, AIC
Planning Director
DATE:
September 15, 2005
SUBJECT: Request of H & K Development
for Final Plat Approval Hochstein-Kane
Building (04-SUB-05)
October 11, 2005 City Commission Meeting Agenda Item fo,:r
RECOMMENDATION
It is recommended that the City Commission approve the "Hochstein-Kane
Building" Final Plat.
THE REQUEST
The applicant, H & K Development is requesting Final Plat approval of the
subject property with the intent of replatting Lots 9 and 10, Block 24, Hallandale
Park and a portion of Lot 1, Block 3, Map of the Town of Hallandale and a portion
of a reserved strip of land, Hallandale Park to combine three parcels and an
abandoned right-of-way into a single Tract "A" for the purpose of developing the
Hochstein and Kane Medical Office Building. (See Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER OF PROPERTY
H & K Development
LOCATION OF PROPERTY
21420 Biscayne Boulevard
(See Exhibit #2 for Location Map)
SIZE OF PROPERTY
Approximately 0.982 gross acres
LEGAL DESCRIPTION
A Replat of Lots 9 and 10, Block 24, Hallandale
Park, Plat Book 12, Page 37, and a portion of
Lot 1, Block 3, Map of the Town of Hallandale,
Dade County, Plat Book "B", Page 13, and a
portion of a reserved strip of land, Hallandale
Park, Plat Book 12, Page 37, lying in Section
34, Township 51 South, Range 42 East, City of
Aventura, Miami-Dade County, Florida (See
Exhibit #3 for full legal description)
DESCRIPTION
The applicant proposes to replat Lots 9 and 10, Block 24, Hallandale Park and a
portion of Lot 1, Block 3, Map of the Town of Hallandale and a vacated portion of
NE 29th Court located west of Biscayne Boulevard. The Final Plat is for the
purpose of creating a single parcel consisting of 0.982 acres comprised of a
parcel on the west side of Biscayne Boulevard, two lots on NE 214 Terrace and a
portion of an unimproved right-of-way reservation lying between these parcels.
The applicant has Site Plan Approval to develop a 9 story medical office building
on the currently vacant land.
On October 5, 2004, the City approved the tentative plat for the site. The
tentative plat was approved, with standard conditions, by Miami-Dade County on
April 8, 2005.
ANALYSIS
Site Plan - The final plat submitted for approval conforms with the approved
tentative plat.
Zoning - The site is zoned MO, Medical Office District, according to the City of
Aventura Zoning Map. The proposed medical office building is in compliance
with the MO District.
Future land Use Designation - The adopted City of Aventura Comprehensive
Plan designates the site as Business and Office, The proposed medical office
building is in compliance with this land use designation.
Access - The site may be accessed from the public roads, Biscayne Boulevard
and NE 214 Terrace.
2
Leonard M. Hochstein, M. D., P.A.
Diplomate American Board of Plastic Sugery
City of Aventura
Cornn1Unity Development Department
19200 West Country Club Drive
Aventura FL 33180
Re: 21420 Biscayne Blvd. Development
8fCftr,
'J¡ 'ý¿:'o
COp" ~N,
"III/(¡Iý¡lr /), I <~
~ilo~
~,
LETTER OF INTENT
Dear Ms. Kelley,
This letter id written and furnished to the City of A ventura as inducement for
acceptance and approval of the enclosed application for Final Plat / Subdivision
Development.
The owner of the property is H & K Development. The site plan is for an aesthetically
pleasing Mediterranean building ten stories in height with enclosed parking on the lower
levels, The architecture will fit in well with the surroundings and offer the first structure
as people enter A ventura from the North side.
Please advise our office of the amount of the fee due to the City in connection with the
above application and any additional materials required.
We look forward to your favorable review of the attached. If you have any questions
regarding the above please do not hesitate to contact me.
Sincerely,
EXHIBIT #1
04-5UB.()S
AESTHETICICOSMETIC SURGERY. PLASTIC &. RECONSTRUCTIVE SURGERY
. ONE TURNBERRY PLACE
19495 BISCAYNE BOULEVARD. SUITE 204. AVENTURA, FL 33180. PHONE: (305) 931-3338. FAX (305) 931-3324
8
'"
z
ù'i
8
Í
w
8
c
:::
-
Oaøn
LEGEND
e
Roadwaya
CIty BoundIwy
ZIP Code Boundsry
-
PARCEL I:
A PORTION OF LOT 11N BLOCK 3 AND THE RIGHT-OF-WAY ADJACENT THERETO, IN SECTION 34,
TOWNSHIP 51 SOUTH, RANGE 42 EAST, "MAP OF THE TOWN OF HALLANDALE, DADE COUNTY,
FLORIDA", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK "B", PAGE 13, PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS:
BEGIN AT THE INTERSECTION OF THE WESTERLY RIGHT-OF-WAY LINE OF FEDERAL HIGHWAY (U.S.
NO.1) WITH THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 34 AS SHOWN ON THE
"RIGHT-OF-WAY PLANS FOR ROAD NO.4" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 34, AT PAGE 54, OF THE PUBLIC RECORDS OF DADE COUNTY. FLORIDA AND RUN WEST ALONG
THE AFORESAID NORTH LINE OF THE NORTHWEST 1/4 FOR 320.8'; THENCE SOUTH 1'19'20" EAST
ALONG A LINE PARALLEL WITH AND 222' EAST OF THE WEST LINE OF THE AFORESAID LOT 1, BLOCK
3, FOR 100.03'; THENCE EAST ALONG A LINE PARALLEL WITH AND 100' SOUTH OF THE SAID NORTH
LINE OF THE NORTHWEST 1/4 FOR 294.61' TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF
FEDERAL HIGHWAY; SAID POINT BEARS SOUTH 75'47'33" EAST FROM THE RADIUS POINT OF THE
NEXT DESCRIBED CURVE; THENCE NORTHEASTERLY ALONG A CIRCULAR CURVE TO THE LEFT BEING
COINCIDENT WITH THE AFORESAID WESTERLY RIGHT-OF-WAY LINE OF U.S. NO.1 HAVING A RADIUS
OF 3784.83' AND A CENTRAL ANGLE OF 1'33'24' FOR AN ARC DISTANCE OF 102.83' TO THE POINT OF
BEGINNING, LYING AND BEING IN DADE COUNTY. FLORIDA.
PARCEL II
LOTS 9 AND 10, BLOCK 24, HALLANDALE PARK, ACCORDING TO THE MAP OR PLAT THEREOF AS
RECORDED IN PLAT BOOK 12, PAGE(S) 37, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA
PARCEL III
A PORTION OF A RESERVED STRIP OF LAND AS SHOWN ON THE PLAT OF HALLANDALE PARK, AS
RECORDED IN PLAT BOOK 12. AT PAGE 37 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF LOT 10, BLOCK 24 OF SAID PLAT OF HALLANDALE PARK;
THENCE NORTH 89"54'01' EAST ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SECTION 34,
TOWNSHIP 51 SOUTH, RANGE 42 EAST FOR 52.38 FEET; THENCE SOUTH 01'19'IS" EAST ALONG THE
EAST LINE OF THE WEST 222 FEET OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SAID SECTION 34 FOR 100,02 FEET; THENCE SOUTH 89'54'01" WEST ALONG A
LINE PARALLEL WITH AND 100 FEET SOUTH OF THE SAID NORTH LINE OF THE NORTHWEST 1/4 FOR
54,50 FEET TO A POINT ON THE EAST LINE OF SAID LOT 10; THENCE NORTH 00'06'28" WEST ALONG
THE EAST LINE OF SAID LOT 10 FOR 100 FEET TO THE POINT OF BEGINNING.
FfL:1523663:1
EXHIBIT #3
04-SUB-O5
RESOLUTION NO. 2005-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING THE
"HOCHSTEIN-KANE BUILDING" PLAT, BEING A REPLAT
OF LOTS 9 AND 10, BLOCK 24, HALLANDALE PARK,
PLAT BOOK 12, PAGE 37, AND A PORTION OF LOT 1,
BLOCK 3, MAP OF THE TOWN OF HALLANDALE, DADE
COUNTY, PLAT BOOK B, PAGE 13 AND A PORTION OF
A RESERVED STRIP OF LAND, HALLANDALE PARK,
PLAT BOOK 12, PAGE 37, LYING IN SECTION 34,
TOWNSHIP 51 SOUTH, RANGE 34 EAST, CITY OF
AVENTURA, MIAMI-DADE COUNTY, FLORIDA;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS the applicant, H & K Development, by and through Application No,
04-SUB-05, has requested Final Plat approval for "Hochstein-Kane Building" , being a
replat of Lots 9 and 10, Block 24, Hallandale Park, Plat Book 12, Page 37, and a
portion of Lot 1, Block 3, Map of the Town of Hallandale, Dade County, Plat Book B,
Page 13 and a portion of a reserved strip of land, Hallandale Park, Plat Book 12, Page
37, lying in Section 34, Township 51 South, Range 42 East, City of Aventura, Miami-
Dade County, Florida, the Final Plat being incorporated herein by reference and made
a part of this Resolution as Exhibit #1; and
WHEREAS the City Commission heard, reviewed and duly considered the
reports, findings and recommendations of the City Administration, and finds that the
Final Plat approval is in the best interests of the citizens of the City of Aventura.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Resolution No. 2005--
Page 2
Section 1. The Final Plat approval for "Hochstein-Kane Building", more particularly
described as a replat of Lots 9 and 10, Block 24, Hallandale Park, Plat Book 12, Page
37 and a portion of Lot 1, Block 4, Map of the Town of Hallandale, Dade County, Plat
Book B, Page 13 and a portion of a reserved strip of land, Hallandale Park, Plat Book
12, Page 37, lying in Section 34, Township 51 South, Range 42 East, City of Aventura,
Miami-Dade County, Florida, more particularly described in Exhibit #2 attached to this
resolution, is hereby granted to the Applicant.
Section 2. The City Manager and City Clerk are hereby authorized to sign the
face of the Plat.
Section 3. This Resolution shall be recorded in the Public Records of Miami-
Dade County, Florida, with the petitioner to pay the costs thereof.
Section 4. This Resolution shall become effective immediately upon its
adoption,
The foregoing Resolution was offered by Commissioner
, who
moved
its
adoption.
The
motion
was
seconded
by
Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Billy Joel
Commissioner Harry Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez-Weinberg
Mayor Susan Gottlieb
Resolution No. 2005--
Page 3
PASSED AND ADOPTED this 11th day of October, 2005.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M, SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
~~
CITY ATTORNEY
This Resolution was fried in the Office of the City Clerk this - day of October, 2005,
CITY CLERK
I r
I I
-- ~---~---~-----~ -T ---~ ~ -~-~--- ---~ --
/ Exhibit fl2 to Resolution No. 2005-
PARCEL I:
A PORTION OF LOT 11N BLOCK 3 AND THE RIGHT-OF-WAY ADJACENT THERETO, IN SECTION 34,
TOWNSHIP 51 SOUTH, RANGE 42 EAST, "MAP OF THE TOWN OF HALLANDALE, DADE COUNTY,
FLORIDA", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK "B", PAGE 13, PUBLIC
RECORDS OF DADE COUNTY, FLORIDA. MORE PARTICULARLY DESCRIBED AS:
BEGIN AT THE INTERSECTION OF THE WESTERLY RIGHT-OF-WAY LINE OF FEDERAL HIGHWAY (U.S,
NO.1) WITH THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 34 AS SHOWN ON THE
"RIGHT-OF-WAY PLANS FOR ROAD NO.4" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 34, AT PAGE 54, OF THE PUBLIC RECORDS OF DADE COUNTY. FLORIDA AND RUN WEST ALONG
THE AFORESAID NORTH LINE OF THE NORTHWEST 1/4 FOR 320.8': THENCE SOUTH 1"19'20" EAST
ALONG A LINE PARALLEL WITH AND 222' EAST OF THE WEST LINE OF THE AFORESAID LOT 1, BLOCK
3. FOR 100.03'; THENCE EAST ALONG A LINE PARALlEL WITH AND 100' SOUTH OF THE SAID NORTH
LINE OF THE NORTHWEST 1/4 FOR 294.61' TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF
FEDERAL HIGHWAY; SAID POINT BEARS SOUTH 75"47'33" EAST FROM THE RADIUS POINT OF THE
NEXT DESCRIBED CURVE; THENCE NORTHEASTERLY ALONG A CIRCULAR CURVE TO THE LEFT BEING
COINCIDENT WITH THE AFORESAID WESTERLY RIGHT-OF-WAY LINE OF U.S. NO.1 HAVING A RADIUS
OF 3784.83' AND A CENlRAL ANGLE OF 1"33'24" FOR AN ARC DISTANCE OF 102.83' TO THE POINT OF
BEGINNING, LYING AND BEING IN DADE COUNTY, FLORIDA.
PARCEL II
LOTS 9 AND 10, BLOCK 24, HALLANDALE PARK, ACCORDING TO THE MAP OR PLAT THEREOF AS
RECORDED IN PLAT BOOK 12. PAGE(S) 37. PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA
PARCEL III
A PORTION OF A RESERVED STRIP OF LAND AS SHOWN ON THE PLAT OF HALLANDALE PARK, AS
RECORDED IN PlAT BOOK 12, AT PAGE 37 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF LOT 10, BLOCK 24 OF SAID PLAT OF HALLANDALE PARK:
THENCE NORTH 89"54'01' EAST ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SECTION 34,
TOWNSHIP 51 SOUTH, RANGE 42 EAST FOR 52,38 FEET; THENCE SOUTH 01"19'IS" EAST ALONG THE
EAST LINE OF THE WEST 222 FEET OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SAID SECTION 34 FOR 100.02 FEET; THENCE SOUTH 89"54'or WEST ALONG A
LINE PARALLEL WITH AND 100 FEET SOUTH OF THE SAID NORTH LINE OF THE NORTHWEST 1/4 FOR
54,50 FEET TO A POINT ON THE EAST LINE OF SAID LOT 10; THENCE NORTH 00"06'28" WEST ALONG
THE EAST LINE OF SAID LOT 10 FOR 100 FEET TO THE POINT OF BEGINNING.
89/15/2885 11:88
305531248&
DArnEL H KAH:: MD
CITY OF AVENTTRA
89/14/2805 15:4&
3654663277
cm OF AVENTURA
WAIVER OF RIGHT TO QUASI..JUDICIAL HEARING
Plat Application No. 01-/ - $'1.{ I?,. -os/ {P - PI ol-+ J
~'
Date
~-ls'-ù~
I, VOoJle-1.- I-t - )(Þ."., ~ . as authorlmd agent for, or owner
of the property which Is the subject of the above pie! applicetlon, nereby waive
my right to a quasi-judicial hearing before the ^ventura aty Commission when
the application is hean:I by the City Commission. I understand and agree that by
waiving this rigl'lt, the City Commission may place the plat appliœtion On Its
consent agend. and thereby conalder thf! application withOUt a ptJblic nearing. I
also understand and agree that upon request by a member of the Commission.
the City Manager, or any member of the public in attendance at the Commísslon
meeting where it win be heard, the application may be removed from the consent
agenda and be heerd as a aeparate Item and subject to a pubfic heating. In that
oase, I understand that 1 win have the right to be heard when the application Item
is diScussed. with the hearing aubject to the quasi-judicial procedur&s established
In Chapter 34. Article II, "Quasi..Judiclal Matters" of the City Code.
~ H .t£---
of Authorizsd Agent or Owner
PAGE 2I3'RCVD AT 91151200511:08:51 AM [Eastern DayIit¡I rme ' SYR:FTLWEBI115 , DNlS:4003' CSID:3055312406' DURATION (mm-ss):OI.30
PAGE 02
PAGE: 03/83
Aug 22 05 01:05p
Aug 20 05 01 :02p
Au:¡ 10/ u:, '2:3bp
Mike Nuckles
",,1-266-5846
p.2
~.L
p,15
Mike Nuckle.
-- ,-256-6846
~
APPLICANT REPRESENTATIVE AFFIDAVIT
P""",I1I" Sedio' 31-11(11X2J{~ 011110 CRy dI A--In ~ 0ImI0fm0nt Codo,lhls Alil>br> Rep/uon- _o\lt;s bof1lb, mode and
submillod. Thell'tIIrsigaad 81- oe¡ns.ntJI... 01111._. ""'IJ ~¡O;I1gtJ¡..DeweIopne'" ~t. _isi1lerd'oad nlh8 -parYf.l1!l
.pple""', and lIIe-rol..._N>jŒttDlIIeoppilcaU,,"(1f~-V"";n -.. alporsors_1fIn¡¡ ".InIN¡i .lar...~
II'I'!IIng""",.O.._,nIP<miliicDan.__tIOellp llicalion.aor-
Name
Relatfonship (1.0, -".., A"',,!W<lt. ~.
-~ .o/ b_SIcJ
-rf./ t; IN EJ:-rz-
S \J ~ 13.- ýQl>-
{'A~L SY-IUE~
1/£....,..,. Ie.<- t ¡::ó.f.77--t :If\-
~.,
. (- Addillar1. Shools n NIIC>eSUfy)
MOIICE: ANt STATEMEIITORRB'IIEIIENTATDlIMIIEISY Arrt PUSaN USI'EIIDN TIŒAI'I'UCAtIr ItEPRESEIrI'AllVI:-m
SIW.L !II: IIIIIDilIi UI"ON mE INDMDUJU. OR BlfIT'l APPLYING fCIlI THE DEVÐ.OI'IIENr PERMIT AND THE CWIIER OF
T"E SUBJECT PRI:IPERTY. JlPPltCAllTS AWD AFFIAIITS ARE _ED TO T1IIELY SU_ENT 1HIS JlFFIDAVIT
PllRSUANTTO ss;, !1-71 8 (2~OFTllECt1T.1AIID DEVS.ONIEIIT IlEC3ULATIOIiIS8ITHE CITI COCE, 81 TItEE'ÆNT
TllAT 1'11I0Il TO CQN$U¡ERill1DN OF 11IE APPlICATION BY THE CITY BOARD OR CD_. "THE INf'CRILUION
_IN ntEAFRÐAI/Ir IlECDII5111:a1ECr OR IIC:IIIIP\.ETE,
WlTNESSMYHANOTHISl:!-OA'tlJF A-...,.., r 'I!JO:).
N.J'THORfZEDREPRESENTATI'Æ OF APPLICANT:
Itt:~~
r~
Name: F",'r K.~ e...
rIlle: Iri~ f"¿~,, f
-rus: «~:1- Irltor¡ ~ðIt cÁ. 5:../-t 7ÝO
11(,(,.";; 8".,1" Fe, H 1'11'
.
~~~:tt;
Tile: IP~g-'p á'CM.-~-
Addraa: rho.. /rI-I\... I.co
J,...,þ' LeA, h
.. .,..¡.
T1l".
STII1E OF FLORID" )
COUNlY OP NlAMlOO"'De)
Bela... me.. undersigned a"1I1cri1¡- 1"""""" -- .f..-I'e. ¡(.._(. -IÆ ."lt1c.ized Æpresenlalt... CIf II1e
Appbd andlot 1110 -- or u.. pRlpOlly SlJbject 11> 1118 IpplQ 1II\, ""'0 being first by me Qriy SWIOIn, did swear 01 - IIi!! _.
.""""!eeI this Allida,.¡t 1ar t!te p-- Elated th8l1lin and Ih>t ~ i. "'. one! correct. ~ ~
-- W - --~ '""'" .. "Ii'- .¿¿ '1J"" ~ f -
Not..., P IcStaœalFIoridaAlLarge
~:n~~~~~l
: .<_..,~~ ..-Tn- \
\ ..,~~ ............l-12"":,1
l "-.~W .-~:'(~,,_...
.. -....,.--...-.
Aug 2205 01:06p
Aug 20 05 09:008
Mike Nuckles
bol-266-5846
p.7
p,,+
..
BUSINESS RÈLATlONSHIP AFFluAVIT"
This MIda'c'it ¡¡ maœ pursuanllo Sedb131-7I(b)(2)(i) of 1IIeCity 01 Avootura UncI Devet>pmenICQde, The trdersigned A/f1al\1 here~y
<fiSdOSeS Ihõt (mat\( I'Ii\I1 Y appfœble poMns ortJj.
tiC AIf.anl does nol haw a 1!usiIess Relaticnship wit!1 any meni>er oj ~ City ~~ or aN{ City Advisory
Board \0 Y<\\Id1lhe appr.calion WI" be p~I9ð,
Nf<anl hereby <flSCloses thai ~ does haw a Bcsiness Rela\~ Y<iIh a member olllle City Commissioro or a
City M#,ory Bœrd 10 whi:l1lhe epplicalion ... ¡e presented. as IcÞ/s:
Q.JsI r.ome 01 ConImisskioer 01 MofrsIxy Board MembeI} \'JIo SeIWS IXlIhe
(Us! City C<xnmIss1on or Ci!y Mv'6I>ry BoaR! IJIIO(\ which member
II~.
..
&elVeS).
The nature of \he Business Re!aIionshIp Is as lolows:
( ! vi, The member 01 the City C<>mmiss"" or Boord is a ClJstomer of \he A;>plcant or Replese<11atr'e and
\ran$ac:l$ more IhatI $25.000.00 of .... bushess o! 111. l'f>pIi:MI or R~anlarlW in .. gM:n
calenclar year.
wrrness MY HANO lHIS + D^'I OF
& K DEVELOPMENT. LLLP,
ilL
( Ii.
I] Ii.
lit,..
lI',
Member 01 CityCammisslon lit BoaId holds an ownelSh~ k1\eresl in excess oC ,% orlotaJ ISSeIs or
c:api1a16tocll 01 />fI9focanl or Represen!alNe;
Member 01 City ~ or Boanf t a puIt\ef, co-shareboltfec (as to sllares 0\ a caporalion
whi:h are not lisle<! OCt any nalional or re9OOaI Slocl< exchange) or oW....nllll1lf IriII\ lIIe Applica-\\ or
Rl!flresenlalNe p any bus hess ,.nlUre;
1he Applicant or Representative is a CUeni 01 a merOOet ollie City Commissa. Dr Board or a ellenl
01 anoD\erproiesslD<1al wcr1<ilg lrom \he aame office or kx lIIesame eß1'loY<r as \he member or lie
C<ty Comrrissa. or Board;
A. Ci:y C<>mmIss1one< or BoaRS member t a CUenI of IlleAppr¡canl or ReprO$l!Olalive:
The Appfocanl or Representative Is a CtJsIomet 0I1he member o! Ihe City Co..nmission. Q( BoaId (or 0 I
his or he<empIoyer a:1<I Ira"",tts """elwl $10.000.00 oIlIIe business oIlhe rr.embcrof \he City
Commissa. 01 Board (Dr his or her emp1oyerj In a giolen ""1enðaryea~
Hay
200-4
II'
Part.
By:
W111ŒSS t.I Y IWID 1li IS - DAY OF
. PROPERTY OWNER:
.2OC
By--
Name: CITY OF AVP.N'I""..
idle:
(SI¡¡nalur.'
(PM)
(PtÏI1I)
'The !e/!llS 'Business RelaliDnsh¥>: "CIHrn~" 'QJsIomer; "~" "Represenlativa" MId '1n/ð/'e$ted Per1on" Ire WJled in
Sedioo 2-395 orlM AvenilHaC<ryCodø.
Aug 22 05 01 :06p
Aug 20 05 09:ooa
Mike Nuckles
uJ1-266-5846
p,8
p,~
¡==-
,
-
&TATeQfA.OfVOA. )
ro.MY Qf ~
NOTARIZÞ.1l0N PROVISION
-"
Dr. Leonard
8a1ooo........~~,.....".,..,.-
he/JlleO_'" -torl>l_...1ðcI "..,n...rllaU Is ""'and""""-
ij, DII! ~ST<:IN
SWORl!TOAADSUBSC!lt8EObe""""""'1..C ¿yol~'>OO 4~
-' .t!""".~' ~!'I/óel MItI$ _ryN>i:~~A1Woo
,-' MVC<M,~'-,~, - ,:,=,\1'" ~.
'¡"'>!;!"..~~"" PØ>IodNamoolllo!art
"""""""""'".." IoCIcarvris'bU,,*"---
Hoc:hstei "
.... f"o""""""""""""d ,-",- i..¡
ST-.-œOFR.OAIOA I
,COCJ</TY OF "'JAAIt-o,ooe¡
81'" mo.'" uvl<1S\¡MtI-t. -1)'---
_o-"ålolldl"'lorhl_._......,""'I\otU'Mond~
S \'lOAN TO N«J SUBSÇI:,IBëD btloco mo II1!s 1- CII, d
, Micha.llSnyóer
.IYCOI.I'11S$1O1tl O)¡o&\t~ EXPIIE$
July 2~ 20D7
."",,__'"""""""""'"
Dr. Daniel Kane
1Ie/olllrC,."'iv;Wby""$Þ(......,tId_.......NI
~NE
Hay 2ØI
~~A1~
~~
""'_0"""----
$TAn:OF~PA I
COUKTYOFMlN'J-oADE)
s.........lheuod.~.IIIhocIIy,"""""'_<d
1IoIsho._...""'da"lorr.o,u'J'OSO'-I1ò"n.n:lIha"å""'codo:lT~
tic ""QRt,wI.obObg Its< by... dIjy...,." ffd ....,orcl'"m NI
AfFLAN'!
SWOANTONIOSUBSCRBEO btkn"", IIå_c!arCII
2()f',
IIoI&IyI'llkStalaol_N.~
PMIad """" oC NotaIy
Uy-~
CTA'!1;QFR.OfIIOI. I
OCUNIYOF--o.oœ¡
8Ib8....~~""""".~.......,..s
-._tibM4r<t"""-""II<I-l1andhtlb'" onI.........
"Amul.vonobc'ollilllÞymo""wnan.<it!_or.llrmN
-
_IOm:JSWSCRIB£OÞo"""""'_da,oI- "OJ-
~P""'-01"""""N.~
-Homo cl NøIary
"r"""'-""'~
.----
Aug 1 B l", 11 :<>,ja
M. NU~K.o
8
BUSINESS RELATIONSHIP AFFIDAVIT.
This Mida'li\ is made _ant 10 Section 31-11(b)(2}(iJ of tile City of "ventura Land Devdopment Code. The tmde"'Î!J".1 AffJal1t hereby discloses that
(marl< with 'x' r" pcxIicns 0ftIy)
1'(1. "ffoan( does !!!!! have a Business Relalionship with 1II\y member oIlI1e CKy Commis$ion Q( any City Advisory Board to
which the øpp!icaticxt wil be pcaented.
( 12.
Alfla/1t hereby disdases thai ~ a Busin..s Re1aIians~ wIIh a member of the City Commission or a City
Advisory Board to wliic!lllte appIcaIIon wi be pœsen1ed, as foIaws:
(u.t name of Commissione< or AdYisory Board Membe~ who s...... 01\ the
lUst Cily Commission or City Advisory Board upon wliidl membel serves),
(]L
The nalure of the Business RetaOOnship is as \OIIoIos:
WITNESS MY HAND THIS - DAY OF
~T ~~€I\!r Jv -r'~
~ "v ~~ rI SiQtI8tIn¡
Nome: ~"II!L. (. Foil-'ll ~ ;:rrL. (Print}
TtUe: \)QJJ£"'ð'- (PrinI)
WlTNESSMYH.l.NDTHIS \"Zi1'\AYOF A~l,¡IJ$'í
(]ii.
!Iii.
\] N.
\]v,
II vi,
Member of City Comml$sion or Board holds .. ownersbip inlefest in excess of 1% 01 total assets or capilðl
stodt aI Approcant 1M" Repesenlative;
Member of City Commission or Boaad is a padller. ~bnhofder (as to sbaleS of a colpOl3lJon wliil:h are not
listl!cl Oft 811'( naIIonai 0( regional stodt exdIaoge) 0( oint -. ... the A¡IpI'ocant ... Representltive in any
busk1ess ftIIbne;
The A¡1pIicanI or Rep_taIive is a alii! ala member at !he City Commission 01 BoæI or a C1ienl of anoU1e<
p<DIessional """"log ""'" !he same oftIce ... fu< \he same employer as the member allIte City CommissIon or
BoaR!;
A City Commissioner... -..ember Is a aeat 01 the Apprx:ant Q( Represel'olative;
T.. Applicant... Representalive is a eustexner of the member oIlhe City Commission '" Board (or of his Of her
employer) and lransads more "an $10,000.00 01 \he b""iness of \he member oil.. City Commission or Board
(or his or he. employe!) in a 9ven calendar yea~
The member 01 lb. CIty Commission ... Boattl is a CUstomer 01 \he Ap¡>fic;ant or Repnosentative and transacts
more lhan$2S,COO,OO 01 !he business 01 Ihe Applicant or Repcesenlafi"" in a glWR calenda.ye&l.
200_.
200?
"The leIIIIS "Business Relationship," "Client,. "OJstomer,' 'App/IcarJf.' "Representalive" and "/nfeÆSfe<:l Peæorr'.re donned in
SedJon 2..395 of !he AvenfImI ary Code.
7
Aug 1805 11:53a
Mike Nuckles
p.¿
.
jl-L
BUSINESS RELATIONSHIP AFFIDAVIT.
The. ,tJIidaorit is made pursuant 10 Section 3\-7\(b)(2)(ii) af tile Cit) 01 '-ventura Land Develo¡>men! ~e. The unde..gned AIf...,! he<eby dis=.. that
(ma'" with "." ~ocabIe pcx1ions My)
['{,. Afflilf\t does- ~ have a Business Relationship with any member d the City Commission Of any City M'lisOl'f Boom 10
whit!l the eppIicatioa Wli be peesenled.
112.
"[111\1 heÆlry disdcses iii;! ~ does have a Business Relationship with a .,ember of !he City Commission ce a Cily
Ad'lisOl'f B<>l!d 10 whic1llhe appIIcaIion wit be presented. as fuIIcws:
(list name of CommÍ5sioner Dr Aå<is0l'f Boatd Ikmbe~ who .....es on the
(list Cily Commission ceCily Adv;;o!)' Board upon wtlicl\ membe< serves).
ilL
The nalure d the Business RelaOOnship Í5 as foil.....:
. WITNESS MY HANDTIi I S_D"Y OF
~'~~
TttIe: =1)
WlTNESSMYWo.NDTIiIS \~~DAYOF~\I"\)ST
(Ii
IIi.
II iv.
II..
1\ vi.
Member of City Commlsslc<1 or Board holds an ownership interest in excess of 1'1(, '" Iolal assets or capital
slDdt of ^",rAIII or Repreoenlalive;
Member of City Commission Of BoaId is a paIIne'. CO<iharohorder (as II> shares of a co¡por3lion whicl\ "'" not
listed OIl MY nalianat Of regIonaI5\Jxk excMnge) or joinl """lure,vòIh \he ,6,ppTtCant or Representative in any
buskless -line;
The Applicant or Representative is a Clent of a member of the City Commission Of BoanI or . CUent of anoIhe<
professional YIO41<lng ""'" \he sa"'" o!IIœ or for the same employer as lI1e memtJ<r of the CRy Commission or
Board;
A City Commissioner or Board member Is . Cleat of the ApprlCaftt 01 Representative;
The Applicant Of Representati.e is a Cuslomer of the member of the City Commission 01 Soan! (ce of his or her
employerj II\d transacts mare lIIan $10,000.00 of \he business of \he member of the City Commission ce Board
(or his or he, employ"" In a j'le!\ <:aIend..- yea~
The memtJ<r of the City Commission or Board is a Customer '" \he Appr¡(;al\t or Re¡K1OSenlative and lransacts
"""" than $25,000.00 of1he busIness of the Applicant 01 Rel>resenlalive In a gIven calef1dar YeðI.
200_"
200'
"The lenns "Business Re/2ionship: "Client: "OIstomer: "AppilcaI1f: "Represeotalive" and "Interested Pet:¡orr" are denned in
S«ßon 2-395 of !he Aventura Ci!y Code.
7
Aug18U511::o.>a
Mike Nuckles
1-~
NOTARIZATION PROVISION
~m OJ: FlORIDA)
COUNTY OF IllAMt.()ADEj
B..". mc, 111. "",.!Signed lull1o",y, _"I~ _a..' ('I'lL S/.,¡tE5
hel,he tXcculed lI1is Atfidavt lor the puIIIOse' ,tated lI1e.." and "'at I i; l",e .nd "","cl
CAfZ.L.-
AFFIANT
SWORN TO ANO SUBSCRIBED belo.. meth~ ~daIOfM£..lbí ,200$
STATEOFFLORIOA )
COUNTY OF MIAMI-DADE
S.!o.. me, ihe undersilned .ulhetlly, pelSonall appearoJ>l>J,J.lE!L t:"fi;tt:rIN~~If""'t, who being finl by ... .uly , did swear or IffimI 111_1
helsheClecutecSIhlsMidadlorll1epu"""esslllecithe"¡n 1r<llf1l1ii;\ruC Ind co,,"c( ./ d -
V. I t! ~~
AFFIANT
SWORNTOANDSUBSCRIBEDbefo..methl'~d_YOf.6ú4t1S-r 2IX15 /J
~J¡tU .
STATE OFFLORIDA )
COO1m' OF MIAMI-DADE)
Belo.. mc, the unde!S¡g..d authority, .......Iy .ppe_Æd
he/sneexecuted tf1~ AIr"". forll1e pu"",'" state' th...I, and that ¡t~ true and """,c!,
the Affiant, who be"g fa>t by me duly swom, dl' s..ea, or affirm that
AFFIANT
SWORN TO ANa SUBSCRIB£O belo.. ",ethls - d.y of
200_,
No4a¡y Public Slaw of Forida AI'to1Je
PtintedN_ofNoIIry
My commls,lé. 01t I"':-
STATE DF FLORIDA)
COUIm' OF MIAMI-DACE)
Befo!e me, lf1e .ndo~ .._y, personaly appel..d
11eIsho exocuted "'Is A_vi for lie purposes _lI1e"" lOtI that K is 1I\i. and ....,..;\,
the MiaRL ""'. being firsl by me dilly ,..om, did ,wnr or a- that
AFFIANT
SWORN TO ANO SUBSCRIBED - me II1Is - day 01
,200_,
Notary Public Slate.f FIcñt1a AI Large
PtlRI8CI Nam. of Notary
lIy commlasioR ellpllCS:-
8
Aug 22 05 01:05p
Aug 20 05 01 :O2p
Au; 12 as 12:37p
Mike Nuckles
'^' 1-266-5846
p,3
p",
P,IO
Mike Nuel<JBS
s.. ~"'"
./~sled.n BLane. Re_BtipAlfoclavi\J
,,/. ,/ (Sig.atllDj
~\Ã..IC-Lt Vo\-...!a:Jl" (Frirt)
Tole: ~\l9->JE.'lot- PWnU
B~~~
Name' CA.~ So ~I L£"s (pmtJ
Tolk C'UI~ -e:...u:.IL1~1PrinI
rsi9llÐ!lMe
(PtIn!)
By:
tQne-.
To1I.:
(PIinI/
By:
(SignafJ.nJ
Name'
(PMfI
IPtintJ
no:
By:~~
Name' G,'to ¡,e....,.e..
'111Ie: /twIÙ"", r-
B
y:
(SiglIaItrre
lPrInij
(F'!fII$
By:
(S;gna"'~
Name;
(PMtj
IPtInIJ
Tol.:
fSignGturII)
IFmtJ
/P(¡,
By.
(Sïgnature
TiU..
Tdle:
(PniII)
rPriaO
;~
TI1I.:
By: tSignoIJJre) By'
Tile' (PIn) nile:
T1Ie: (PtòII) Title:
By: f.si3/MItRJ By;
Tille: (Pmrq T1Io:
Tile: (Aiof) TII.'
IS.,..."""
IPI11I
tPri11I)
(Sign""'""
1Pmf)
IP'*")
NOTE: 1} UR 0.1... s""_11 <lldosure ¡_III.. !Dr Rc_._. -111.,
2) Applicanls and AffiaøIs ..., ..i.ltd <0 timely S1Ipplement this Affida~ """",a'" 111 Sec. 31-71(b)(2)ti'-} of
Iho Cit: ¡'. L&nd Ðcvolap","", Reg"I.,;.... in the Cily Code. in ,he ....." thai: p"¡'" to c<>u,idero.tion of the
_Ii- by Iho City -11 or Commission. the mfbrmati- pro.ideo! in the AItic!aYit beçome, i.comet or
incompl-'
Aug 22 as 01 :OSp
Aug 2(J 05 08:598
Mike Nuckles
",,1-266-5846
p.S
p.'
a
"",-""
BUSINESS RELATIONSHIP AFFIDAVlT*
rn. - ~ -- p""" to - 31.71(b)(2)(i of the CIv 01.....""" Und DewIoponeo1 Code. "" undt>-.ignod AMan! ~ dlSCloOOS !hat
(mIf1cwlh"'øcabiepoolioOSonl¡)
~ Afiant doeS œ!! - . IkaIness AoIaIia1sI1l¡> with '"'I member oIlhe Cly Commlssioo or any Cty My;.o"y 80001 to which
illeoppiit:aÜCl1"'Þo >ftlS<tntDd,
[ 2.
- ~ _.that ~ a Busi1Iess _Ionst'p. . "'Imber 01 !he Cty Call1nissioo or a Cly Advisory
- 10 ""Ich Ihe opplcalcll will be presented, as ft.to.""
(LIst name 01 Co_""" or Advisor¡ B- MEmber) who ....... en tho
{LislCilVConn- orayAdviscty BoaßI upoo_. m..,t>e<_as).
TheM'" of Ihe au...... ~ is asfcllows:
III
Memberof at¡ ComtriSlioo or Board hoIlIs an aw-ø _I ¡, exœso of 1% ofW...- 0' eapl1al sIoek
c AppIicn or ~
MemIlOf of CIy ea.- or IIooAf 18 a po-, -- 4. to - 01 . crJrpordon whic:h ... not
- co ony nidi... or ~ IIod< 8III:hanIIoI or ¡on - llliillihe AppIe..1 or ~- in on,
-""'-
IIn.
{IiI.
Tho A¡Øat or ~ is I CIIenI of . ....- cllhe Q\y ComtoIssion or Boord or 0 ClonI 01 .-
,,-anaI -9 Iiom tho .... office or fo¡ ". "'" """'r as Ihe m- 0I1he Cly CoIM'Ii..... or
Boord;
!lÌ't.
11o,
A CllyC."""ioslonororBoard....,,.. ~ a CllentoflheApptIca1t or~
Tho AppIcantor ~_is. ~ of... _of'" CIty Commission or - (or otl-is or her
ompbyt/)and ~_.."'" .,..,10,000.00 01Il1o bu8i1...ottlo membercllteCiIy ComndssIon or~ (or
Ii. orhor..pIoJer) In agi-c_yoar,
[] oj. The moo1ber of... CItt C<mri.si:>n or Board Is. CIJ&tomor of.. A¡¡pIcant or REprœo- '00 tra-
mo.. than s:>s,ooo.oo2;t:"... of I18AppIi:ant.:- ~:.~~~-~;.~~~:..__.~
WITloESSlln'lW#Jms-lf-DAvœ ð'l {roo 200~ ¡ , ,....tAE.':-~ j
APPLlCoWl': ¡ . ....:-.::=...¡
/. . /~ - ¡ _"_-.....1
!If """'t: ~ /SiVrIIfrn) .... ----....
- ~'~ ~tr '=
_. ir !-& . 1/tfP'Jr..-r 11itt
f-
WITNESS MY HAND THIS - oo.V'Of
I'RCPERtY 0'MtER:
,200-
By:
- f H7 ..r ~,,~~v,-
1110'
¡spnobv
IPdnIj
IPIfmJ
"TIle faons 1Iu$inøss ReIa6omtLi>: "CIÑWIt: 'CusIomer: "Appo!c:MI.' "FIepte$GntB6118" 110(/ _d -. an¡ deIn6d i1
Secfobn:h'!95 oflJJeA- CIIy CI$.
NOTARIZAnONPROVIStON
Aug 22 05 01 :05p
Aug 20 05 O8:59a
Mike Nuckles
""1-266-5846
p.6
p.~
s-r~1I'OFR.0RIt>I> }
COON1V OF IlIAJoI.OADE)
_.",..,.~.-¡y,""""'roppond c,.,' C ',(o,\e.
-""""""""""" ",__..........Mkil"""'ccned.
\!IO-~oIIo_"""m......-,d~_""'rm""""""
E='~I'(
AFFWI1'
SVIORNTOAND SUBSCRIBED--...aIs Jjø.r¥!D1J..(
v..,.~
ST"lEQf FlORlDf<
c:aJK1'YŒN_œ¡
--",,"""'enJgMd -, ,..-a\lw-
_III._",.....___ond....I.......",-
..........-boi1;".,ty"'IÌ!..II'II,did......""",,\llalhelshe
-
- TOAlDS\ØCIWED_...II1o_ø.r<l - 3IOJ
NalrryP__<l_At\.ll1l.
P_N_clNOW
My""""""" """"-
ST~1I'Qff'\.Cl!o. )
CQJII!Y OF "M'I.QOŒ)
-.......~~....."'~-
___lorlhO___......ld....ollll-
""NI..\ohobei1gW.,modulywom,dicI......,nrmu. ,.....
""""""
SWORN TeAll) SlJBSCRIBED".'.,...."" -...,<1 ~ 2OOJ
f>Ioto<y_lt5taœ 01 AtIáoIoAtl8¡ e
""""-."'Noltly
..,,---
STA1EQFF\.CRDII>
COUNTY Qf MIMO.QI\Œ)
-""1IIO"""",,,8Ihocir, _IIIY-
_81iIAlidooitltr1he___ondl!l¡tlls"",and-
IO8A"""""'beIr<¡IO$I",meGoly_,"'_"--""""'"
AfFWIT
SWOON TO AND SU8SCII18EO -..fis - doy 01 ~ 3I~J
~Pubrc_ofJ1_AtUo~
"""_.ofNCIaIy
I CGI'O11_eo¡i",,-
WITNess III' IiAKtI THIS - DAY OF
200_,
fa
APPLICANT REPRESENTATIVE AFFIDAVIT
-r-\-e MlF (p J
Pursuant to Section 31-71(bX2Xi) of the Cny of Aventura land Development Code, this Applicant Representative Affidavn is hereby made and
submitted. The undersigned authcxized representative of the individual or entny applying for the Development Permit, which is identified in the
accompanying application, and the ownet of the property subject \0 the appfication Cd different) hereby lists and identifies an persons representing the
individual or entity applying for the Development Permn in connection with the application, as follows:
Name
Relationship (i.e. Attomeys, Archlecls, Landscape
Archlecls, Engineers, Lobbyists, Elc.)
CAnL 51<.11-0
f: oj C, IN ~cll-
.tAIJLc;L
~, tl'-"'TI..J 'Jfi..
~.
'>u..P- V i'i"j o(V
(Attach Additional Sheets If Necessary)
NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE
AFFIDAVIT SHALL BE BINDING UPON THE INDMDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE
OWNER OF THE SUBJECT PROPERTY, APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS
AFFIDAVIT PURSUANT TO SEC, 31.71(B)(2)(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.
.200_.
OWNER
By: D~ f. rL
I!
. (Print)
TiDe: ("e:;s (\I~.i4-L
N
N
(1 A1Ci'IIIt:::fL
Name:
(Signature)
'Of.\.", ,("_ .A. K' ",.,rr"
(Print)
(", F~ Fa <'h.. (>~t?T"rv rn
Tille:
Address:
'l?u.. 1n..1V1V (I;) +1'(.
J..\ \J'W... I)f'-.crt fL 'lJI'fu
Address:
<t7<lL- /hn", t<Q 1+) V..
.l' \'1"'" aliA< H, I-L }") '" ~
STATE OF FLORIDA )
COUNTY OF MIAMI-OADE)
Before me the undersigned authority personally appeared bPl,.J I~ L f(pw
Applicant and/or the owner of the property subject to the application, who being firnt by me
execu1ed this Affidavit for the purposes stated therein and that tt is true and correct.
SWORN TO AND SUBSCRIBED BEFORE ME this 1 day of
l-IuJJ.
T ,
, ~.
..
BUSINESS RELATIONSHIP AFFIDAVIT*
This Aff"dav~ is made pursuant to Section 31.71(bK2Xii) of the C~y of Aventura Land Development Code. The undersigned Affiant hereby discloses that:
(marl< with 'x' applicable portions only)
toll. Affiant does not have a Business Relationship with any member of the C~y Commission Ol any C~y AdvisOf)' Board to
which the application will be presented.
( ] 2. Affiant hereby discloses that ~ does have a Business Relationship with a member of the C~ Commission or a C~y
Advisory Board to which the application will be presented, as follows:
(List name of Commissioner or AdvisOf)' Board Member) who serves on the
(List C~y Commission Ol C~y AdvisOf)' Board upon which member serves).
The nature of the Business Relationship is as foliows:
(] i. Member of C~y Commission Ol Board holds an ownership interest in excess of 1% of total assets or capital
stock of ApprlCant Ol Representative;
[I ii. Member of ~y Commission Ol Board is a partner, co-shareholder (as to shares of a corporation which are not
listed on any national Ol regional stock exchange) Ol joint venturer with the Applicant Ol Representative in any
business venture;
[] iii. The Applicant Ol Representative is a Client of a member of the C~ Commission Ol Board or a CrlOl\t of another
profesSional working from the same offICe Ol fOl the same employer as the member of the C~y Commission Ol
Board;
[] iv. A ~ Commissioner Ol Board member is a Client of the Applicant Ol Representative:
(] v. The Applicant Ol Representative is a Customer of the member of the C~y Commission or Board (Ol of his or her
employer) and transacts more than $10,000.00 of the business of the member of the C~ Commission Ol Board
(Ol his Ol her employer) in a given calendar year,
( I vi. The member of the ~ Commission Ol Board is a CustOlner of the Applicant Ol Representative and transacts
more than $25,000.00 of the business of the Applicant or Representative In a given calendar year.
o THIS -.:L DAY OF )-\ ""1 200:1
\ !(
i>(',1Et.,,,~n-o r ) L-LL (> ) '" Fi...",04
r>~, ~ H. ~--
~ ~"'".,,: ~. \:'... ",,,
. 2OO.s- Al'1'..u.vr C, -
L,....n'\)
il""'rf\lFf.' jHd'
Signature}
Print)
TItle: -~t}
j,I".'~ WITNESS MY HAND THIS 7'fL.DAy OF tJ~~
(Signature)
(Print)
(Print)
OFFlOALNOfARYSI
RICHARD ISCHUL1
NOI'ARY PUBUCSfATIlOF'
COMMlS5ION NO. DOl
MYOlMMISSION EXP. M,
PROPERTY OWNER:
By:
Name: t,., OF /tv f-'< ...ltp\
TItle:
'The letms "Business Relationship," "alent," "Customer," "Applicant," "Representative" and "Interested Person" are defined In
Sed/on 2-395 ofthe Aventura CIty Code.
7
NOTARIZATION PROVISION
~~~~~~::~::::;'nde~~ned '"thorny, ~~on,"y .ppea~~ed
helshe executed this Affidavit for the purposes stated therein and that it is true and correct.
SWORN TO ANO SUBSCRIBED before melhis '1!1.y of IJ:::tp ~ 200
OffiCIAL NarARYSEAL
RIOfARD ISCHUL1Z
NarARYPUBUCSTATEOF FLORIDA
COMMISSION NO. 00115648
MYCOMMISSION EXP. MAY 8.2(>,5
STATE OFFLORIDA I
COUNTY OF MIAMI.DADE)
Before me, the unde~~ned a,!hority. pe~onal~ appea~/~c;..
heJshe executed this Affidavit for the purposes stated therein and that K. is true and correct.
OFHClALNarARYS
RlOfARDISCHUL1Z
NOTARYPUBUCSTATEOFFLORJDA
COMMISSION NO. DD115648
MYCOMMISSION EXP. MAYS
ffian!, wllo being firsl by m. du~ sworn, d~ swear or affi"" that
14
FIANT
SWORN TO AND SUBSCRIBED before me this J:!}ay of ()CllI~S-
ST ATE OF FLORIDA )
COUNTY OF MIAMI.DADE)
Before me, the undersigned authority, personally appeared
he/she executed this Affidavit for the purposes stated therein and that it is true and correct.
the Affiant, who being first by me duly sworn, did swear or affirm that
AFFIANT
SWORN TO AND SUBSCRIBED before melhis _ day of
,200_.
Notary Pubic State of Florida No Large
Printed Name of Notary
My commission expires:
STATE OFFLORIDA )
COUNTY OF MIAMI.DADE)
Before me, the unders~ned authority, pe_sIy appeared
helshe eucuted Ihis Affidavit for Ihe PUfllOSOS stated lhereln and that k is true and cooec\.
the Affiant, who be~g firs! by me du~ swom, d~ swear or affi"" tha1
AFFIANT
SWORN TO AND SUBSCRIBED before melhis _ day of
,200_.
Notary Publ'" Stale of Florida At La'1lO
Printed Name of Notary
My commission expires:
8
--..- ..,.
T ,.
~."'
SIfl,
~........'
BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby
discloses that (marl< with .~ applicable portions only)
~ Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory
Board to which the application will be presented.
[ 12. Affiant hereby discloses that ij does have a Business Relationship with a member of the City Commission or a
City Advisory Board to which the application will be presented, as follows:
(Ust name of Commissioner or Advisory Board Member) who serves on the
(Ust City Commission or City Advisory Board upon which member
serves).
The nature of the Business Relationship is as follows:
[ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of tolal assets or
capilal stock of Applicant or Representative;
[] u. Member of City Commission or Board is a partner, co-sharehoIder (as to shares of a corporation
which are not listed on any na1ionaI or regional slock exchange) or joint venturer with the ApprlC8llt or
Representative in any business venture;
[ I iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client
of another professional working from the same office or for the same employer as the member of the
City Commission or Board;
[ ] Iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[I v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of
his or her employer) and transacts more than $10,000.00 of the business of the member of the City
Commission or Board (or his or her employer) in a given calendar year,
[ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and
transacts more than $25,000.00 of the business of the Applicant or Representative in a given
calendar year.
WITNESS MY HAND THIS..1..L DAY OF Deb i:J.tJL 2009
APPLICANT:
By. i~ ~
Name: --~\ ( 7.~~
TIUe: l,7; prt' I. r-
(Signature)
(Print)
(Print)
WITNESS MY HAND THIS-1lDAY OF 0 duh-<"
.200_2o'J
CIOtii4 L no
c...,-'U1-..
e..'lIlll2Gal
---....~ ...
~ ...
.ltluM~
/Wfc<ry
PROPERTY OWNER:
By:
Name:
Tille:
(Signature)
(Print)
(Prinf)
"The tenns 'Business Relationship: 'alent: "QIstomer,' 'Applicant,' 'Representative' and 'Interested Person' ere defined in
Section 2-395 of the Aventum City Code.
STATE OF flORIDA )
COUNlY Of M1AMI-llADE)
Before me, !he UI1deBigned auIhoriIy, personaIy appeared G'21 ( 1<4 A-i'"
heIshe execuled lh~ Affidavit for the PUIpOSeS slaled _ and that k ~ true and eo<red.
NOT ARIZA liON PROVISION
ctu I~
the Alliant, who being first by me duly sworn, did swear Of am that
V kSVO-~/7-'lf-3~O
Ih~JJir;Iij-.~(,
AFFIANT
SWORN TO AND SUBSCRIBED before me lh~1L- day at &~
~~l~~~~tmr
:==:'0/Ztd
,
00NN4 L ... .ss~no""
. ~_1_
"'''11'12008
---.... CIOOlQ2..
_ -',1
~
STATE OF FLORIDA )
COUNlY OF MIAMI-DADE)
Before me, !he undersigned auU1ority, personaIy appeared
heIshe executed th~ AlIidavit for the purposes sla1ed_ and that. ~ true and COlTllCt
the AIlianL who being first by me duly swam. did swear Of aftinn that
AFFIANT
SWORN TO AND SUBSCRIBED before me ~ _ day at
200~
Notary Public State of Florida At La'lle
Prtnted Name at Notal'f
My commission expires:
STATE OF FLORIDA )
COUNlY OF MIAMI-DADE)
Before me, !he undersigned authority, personally appeared
heIshe executed lh~ AlIidavit for the PUIpOSeS s1ated therein and that. ~ true and eo<red.
the AllianL who being first by me duly sworn, did swear or aftinn that
AFFIANT
SWORN TO AND SUBSCRIBED before me lh~ _ day at
200_,
No!aI'f Public State of Florida At La'lle
_ Name of Notary
My c:ornmIsslon expires:
STATE OF flORIDA )
COUN1Y OF M1AMI-DAOE)
Before me, the uncle<signed authority, personaIy appeared
heIshe execuled lh~ AlIidaYIt for !he purposes alated _ and that. b true and eo<red.
the AIIianL who being fitst by me duly sworn, did swear Of aftinn that
AFFIANT
SWORN TO AND SUBSCRIBED before me ~ _ day of
200_,
No!aI'f Public State of Florida At Large
_ Name at Notary
My c:ornmIsslon expires:
- -YUT-
,. T.
Aug 18 05 11 :53a
Mike Nuckles
b61-lt.bb-::::x;4b
p.<.
8
BUSINESS RELATIONSHIP AFFIDAVIT*
This Alfidnit is made _anlll> Section 31-1\(b)(2Xii) of \he City d I.-wra land DeoreIopmenl Cade. The unde",igned IIlfIOll\ II..-.by discloses lhat
(mlllt wtlh '.' ~ poI1ions "'yj
1'(1. Alflilnt does not have a Business Re1lllio<1ship wtlh any member olll1e City Commission (l( any City A.cMs<<y BcaroID
which the appI"lcation wil be prese~.
[ ]2. Aff,""IIIeISy _es ilia! it does h.... a Business Relationship Mlh a member of the City Commission or I Cily
Advis<<y 8o;m 10 which the appllcaIion wi be pn!SIllI\ed, as foIaws:
(Ust name of Commissioner or Adviso<y B02ld Membe~ ,",,0 SeM!S 00 the
(Ust City Commission or Cily Advisory Board upon whic:ll membef serves).
The nature d the Business ReIaUonship is as foUO\I.IS:
[I L Member of City Commission or Board holds an owne,,"ip interest in excess ofl % oIlotal assets or capital
stadt 01 Approcan\ or RepresenIaIiYe;
11 ii. Member 01 City Commisslon or IloanI is a palInel, ~hnIofdel (as III shares or I coq><nOaa which we not
listed on lIlY naIional 0< RlgIaaaI stadt ""change) Of pnl -.. wiIh the Appbnl 0< Repcesenlafive in any
business ....une;
[I ii. The AjIpIicanl or Represel\ta\ive is I aent oil member cr lhe CIty Commission 0< Board ar I C1ienl 01 anoUlel
po>Iessional Wlklog fJam lhe same aftice or fo< Ibe same employer as Ibe member oIli1e City Commission or
Boanl;
I I iv. A City. Commissioner 0< Board member Is I aent 0I1he Appl'ocant or Represef\l3tive;
1]'. The Appliclnlor Representative is a CUstomer ollbe memberolll1e City Commission 0< Board (or 01 his Ofller
employerl ~d transacts more"'" $10,000.00 ollile bust.... 0I1he member of IIIe City Ce<nmission 0< Board
(0< his 01 her employe!) Ia I given calendar year.
II vi. The member af the City Ce<nmissioo or Board is a CUslllmer d the A.ppficanl 01 Representative and \raftSacls
more than $25.000.00 01 the business 01 the AppI'lCaRt 0< Repcesenlali"" in a given calendar year.
WITNESS MY HAND THIS _ DAY OF
A~T ~ES€~J.;'1\VBI
~ .,V~r- 4 /SiJ1-1
Nane: ~tllFll Co FoILlll ~ ~ /PriRO
TItlo: ~~I{o" (PrinQ
WITNESS MY HAND THIS \1l....DAYOF M~VS'l
. :ZOO_'
~
:zoo.?
-rlle lenns "Business Relationship: "Client: "OIs/omer.' .AppI/can/: "RepresenlatNe' and "lnteresled PersOfl' BIll de~ned in
Sedlon 2..395 of !he Aven/ura aty Code.
7
-y-... --T _m -0 l "T "T--
Aug 18 05 11 :53a
Mike Nuckles
~1-Lbb-Ob40
p.~
o
BUSINESS RELATIONSHIP f\FFIOf\VIT'"
Th;s Aft;da"'" is made pul'Uanl to Section 31-7\(b)(2){iiJ of Ille City of Aventura Land ()eorelcpment Code. The unde~igned ,6JI"Wlt h....by discloses tho'.
(mart wlIh ~7r:ab1e pcxticns ~y) -
I I ,. A1flanl does !!Q! have a Business Relationship wi\h lilY membet' cl the City Commission or any City I\dvisory BoanJ 10
wIlicl1lhe eppnca1ioo will be presenled.
IlL '\lfll/1t hereby d1scIoses th:rt K cIoe5 h..... a Busil..s Relationship Mth a membet' of the City Commission or a City
Advisory Board 10 wIlich the appIIcaIion wi! be ~resenled, as fdIaws:
(Ust name or Commission... or Advisory BoanJ Membe~ who SONes on the
(Ust CIIy Commission ...City Advisol)' 80anJ upon wIlidl membe< serves).
The nature d Ole Business Retaljonship is. as foUO\IJS:
III Member of City Commls$lcn or BoanJ holds an ownership inlerest it ..cess of1 % oIlolal assets or calital
slad< of ApprtcanllM" Representalive;
II ii. Membet'ol City Commission or Boan1 is a pal1ner, co-sharehofder (as to shares of a Cllrpomion wflicl1 are nol
listed an Ill'( nalional ()( reglonaI slad< excllangel Of pnt _I...,r ,,;u, \he ApprlClnt 1M" Replesetltative in any
business "",lure;
(1 ii. The I\pplicanllM" Representative Is I aent of I membe< cf the City Commission or Board or I CUenl 01 anoIhe<
prolessional WOlklng from \he slme office or rCl tile same employer IS tile membet' of the CKy CommissIon or
Boan!;
I I N. A CKy Commissioner or Board member Is I aent Ii \he ApplCi!l\t 1M" Representative;
11-. The Applicant ec Represen\alive is a Cuslomer of the member 01 the CIIy Commission ClBm (or of his ech...
empio,eq lOld llansacts more than '10,000.00 01 the business of \he member of the City Commission or Board
(or his or her employer) In a given calendar year.
II vi. The member of the CKy Commission 1M" Board is a CUstome< 01 \he Applicant or Representative and \ranSacts
mere than $25,000.00 of the business 01 the I\pfllicant or Repcesenlalive In a gIven calondar year.
WITNESS MY HAND ~HIS _ DAY OF
~c4Jt~'~:'"
r~~ 7EQ
WITNESS MY HAND THIS \fjb""OAYOF ~\)"'bST
.200_.
..
2005
-'
"The lenns "Business Relationship,' 'Client,' 'Q/stomer.' 'AppllcanI,' "Representative. and '/nterested Person' are defined in
S<<tJon2-395 Dflhe AvenIura 0'Iy Code.
7 ",
.....,. --+, TT"
,
Aug 18 05 11 :53a
Mike Nuckles
bb 1-LOo-00'+O
~......;
NOT ARIZA TION PROVlSIO N
Sf ATE Of FLORIDA I
COUNTY OF MIAMI-llAOEl
Belore me, ltIe undelSignec authority. pecwnBlty .pp:ared tH.L S t.J t:GJ
he/she executed this Atfidavl tor tt1c p.I'POlieS: stlled therein .and Chat I is l!\l! end coneet.
C,AfZ.L..
AFFIANT
SWO~N TO AND SUBSCRIBED bolore melh~ Ie d'YOfMI." Ib, ,200$
i",,^,'''''J\J~
SUSAN p, KAY
MY COM!'o.l1SS10N 1/ 003071&4
EXPIRES: April 06. 2008
H NOlaryDiscounli\s5oc_Co.
Sf ATE Of FLORIDA )
COUNTY Of MIAIAI-IlADE}
B.fore me, the unde..'gned lultll.ity, per.sonaly ,ppe,,,J)As../.ltL f"FittDN ~1f"",1. who be;'G fint by Ol. Duly
helstte elecuted Otis ~ffidaYlt lor the purposes slaled therein and It\aI. I: is We Ind coneC1..
VAsJ I t!
SWORNTOAHDSUBSCRIBEDbelore.,elhl, It; dAyolAA/);-r 2<<15 /J
AFF~J.k/
, eM swear or at1\m'l that
~
SUSANP, KAY
MY COMMISSION II 00307184
EXPIRES, April 06. 2008
R.NotaryDiscounlAJ;soc..Co.
Prin1ed Name af Notary
My cammlsskJn expes:
STATE OF FLORIDA )
COUKTY Of MIAM~DAOE)
8e1o~ file, the unde~igned authority, perwnaUy appeared
helshe exealled this Affidavit for lie p.lfp:lses stated therein and Ulal it is tsue and co~c1,
the Affiant, who being tnt by me ~ul'i sworn, did swear or affirm that
AFFIANT
SWORN TO AMD SUBSCRIBED belo~ me lhls _ day of
200_,
Nola" Publl: Slalo <rl F'ollola Albrge
PMled N..... <rl Nola"
My commlssbn eqti'cs:
STATE OfFLORlDA )
COUNlY Of MIAMI-IlADE)
Before lIIe, the .nde~ IU1homy, Plrson.1t appeared
lloIshe __ I". A_Yllorlle 1i'l'l'OS" _1I1em. Illd ...1 K is we..s__
the Arfiant. Vttlo being firsl by I\e duty sworn, did swear or affirm tha'
AFFI,l.WT
SWORN TO AND SUBSCRIBED beltxe melhis _ eay cI
,200_.
Notary Public Slalo of Florid, Allar1ie
Prired N.ame of NCltary
Ny oommllslon upl~$;
B
Aug 22 05 01 :OSp
Aug '20 05 01 :02p
Au; 12 OS 12:37p
Mike Nuckles
Mikll NuckJBS
./~~..Ika"'SS Re_stipAlfidaom}
r/' / fSig.olln)
_~I~t V:>\..1~:F (Pm)
lile' ~U~e."Ot- fP'inU
B?V~~
Name' CA.9-4- 'So '-{ Ll!!.s (p1it1t)
Tilk C'IIIL ~\I':'~1PrinIJ
By:~~
Hame' 6,'<.. ~.e..
'l1lle:_IIw/,'(ar/ r
B
Yo
(SigllIltlreJ
IPYlnU
Il'lfII1l
(Signafurtl)
/Prin/)
/f'(iIIIj
Till.:
T'1\Ie:
By:
(SismtlJre)
IFtn)
TIle'
TlIe:
(PrinIt
(Signa/lxe)
(PIinQ
(Pm/)
By:
Tille:
Tile:
561-266-5846
p.3
p...
p.IO
SO..<titHXl'lO
By (SigM!ure
Name: (Print)
Till.: (Print)
6)': (Sign.t....
Name' (PMI!
no: IP,"")
By: (Signaw",
N.... (PrilltJ
ToIIo: (Prin~
~ (Signarure
Tlllo: (priRI)
Tlllo: (PrinU
By' (Signalllre
Tille: rF'r1tlIJ
Title: fPrinf)
By. (Sign~'"
TIIo: /PrInI)
TIle. (p,..."
MOTE: 1) UH CSll/llic:.u 11M_II <llClclo"'" inlonnlll." fa< Roplao_. .art..
2) ApplicanlS Ill\d Af!mns ue ...iI.d '" timely _Iement Chis Afficlavil pur""" '" s..c. 31-71(b)(2}tiv) of
the City.s Luu:! 1)cvCllapmcnt Itc&ulabans in the City Code. in 1.'-0 cw:ot th81 prior to CG'Usiden1ion of the:
:lIpplicarion by the City Board (II" Commission. the: informat1oa provillicd in the Affidavit bec.omcl incorrect or
incomplete..
-----y-.-T
-".-. -T T-T.
T
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
City Commission a
Eric M. Soroka, Ci a ge
Harry M. Ilgore, in:nc u ort Services Director
October 3, 2005
TO:
FROM:
BY:
DATE:
SUBJECT:
Audit Engagement Agreement
October 11, 2005 Commission Meeting Agenda Item ...k...:: ¡«
Recommendation
It is recommended that the City Commission adopt the attached Resolution which
authorizes the City Manager to execute the Audit Engagement Agreement specifying
scope of services and fees for McGladrey & Pullen, LLP to serve as the Citys
Independent Auditors for the fiscal years ended September 30, 2005 through
September 30, 2009 for the City's Comprehensive Annual Financial Report (CAFR) and
June 30, 2006 through June 30, 2010 for the Charter School.
Backaround
At the September 6, 2005 meeting, the City Commission adopted Resolution No, 2005-
38 establishing a ranking of firms to perform the City's independent audit. That
Resolution was the culmination of a process that included an advertisement in the
Miami Herald, the posting of the RFP on the Demand Star purchasing system, receipt of
sealed proposals from four firms, evaluation by an audit committee consisting of the City
Manager, Finance Support Services Director and Controller, interviews with the four
firms and final recommendation to the City Commission.
Resolution No, 2005-38 included a ranking of firms as follows:
1. McGladrey & Pullen, LLP
2, Rachlin, Cohen and Holtz, LLP
3. Caballero & Castellanos, PL
Page (2)
Memo to City Commission
Auditor Engagement Letter
The Resolution authorized staff to negotiate contract pricing with the top ranked firm
and if unsuccessful with the next ranked firm. The attached Audit Engagement
Agreement contains the scope of services and fees for the audit for each of the City's
2004/05 fiscal year and the 2005/06 Charter School year with the top ranked firm. The
fees have been negotiated and are shown on pages 3 & 4 of the agreement. For the
first year, we anticipate that the final cost for the audit of the City's 2004/05
Comprehensive Annual Financial Report will be $41,000 (the $50,500 less $4,000 for
the federal single audit and $4,000 for the state single audit less $1,500 for printing and
binding). The costs for the 2005/06 Charter School audit will be $14,500 (the $15,500
less $1,000 for printing and binding). The fees for future years will be determined by
applying the Consumer Price Index to the first years' fees.
As discussed in the previous paragraphs, I recommend that the City Commission
approve the Resolution authorizing execution of the Audit Engagement Agreement.
Should you have any questions, please feel free to contact me,
HMKlmn
RESOLUTION NO. 2005--
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 AUDIT ENGAGEMENT AGREEMENT
BETWEEN THE CITY OF AVENTURA AND McGLADREY
& PULLEN, LLP; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Aventura, pursuant to applicable state law, has solicited
and reviewed proposals from firms to perform the City's independent audit; and
WHEREAS, Resolution No. 2005-38 established a ranking of firms to serve as
said auditor and authorized negotiations with the top ranked firm; and
WHEREAS, City Staff has negotiated fees and scope of services with the top rated firm
(McGladrey & Pullen, LLP) and recommends approval of the Audit Engagement
Agreement.
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 Audit Engagement Agreement
between the City of Aventura and McGladrey & Pullen, LLP for auditing services.
Section 2. The City Manager is hereby authorized to do all things necessary and
expedient in order to effectuate the execution of the attached Agreement described in
Section 1 above, and to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
who moved its adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Billy Joel
Commissioner Harry Holzberg
Commissioner Michael Stern
Commissioner Luz Urbáez Weinberg
Mayor Susan Gottlieb
, ,
Resolution No. 2005--
Page 2
PASSED AND ADOPTED this 111h day of October, 2005
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
~r~
CITY ATTORNEY
AUDIT ENGAGEMENT AGREEMENT
AUDITOR AGREEMENT
THIS IS AN AGREEMENT dated the 12th day of October, 2005, by and between:
THE CITY OF AVENTURA, a municipal corporation of the State of Florida,
with a business address of 19200 West Country Club Drive, Aventura, F,
Florida 33180, hereinafter referred to as "CITY",
and
McGladrey & Pullen, LLP, authorized to do business in the State of Florida,
with a business address of 100 NE Third Avenue, Suite 300, Fort Lauderdale,
FI 33301, hereinafter referred to as "AUDITORS".
WITNESSETH:
In consideration of the mutual terms and conditions, promises, covenants and payments
hereinafter set forth, CITY and AUDITORS agree as follows:
ARTICLE 1
PREAMBLE
In order to establish the background, context and form of reference forthis Agreement and to
generally express the objectives, and intentions ofthe respective parties herein, the following
statements, representations and explanations shall be accepted as predicates for the
undertakings and commitments included within the provisions which follow and may be relied
upon by the parties as essential elements of the mutual considerations upon which this
Agreement is based.
1.1 On June 7, 2005, the CITY advertised its request for proposal No. 05-07-13-2
(hereinafter, "RFP") which set forth the CITY's desire to hire a firm to provide:
Independent Audit Services for the City of Aventura
RFP No. 05-07-13-2
1.2 On July 13, 2005, the responses to the RFP were opened at the offices of the City
Manager.
1.3 On September 6, 2005, the CITY Commission selected and ranked three (3) firms
from the list of proposers and authorized the CITY Administration to negotiate the terms of an
agreement with the highest proposer.
PageloflO
1.4 On October 11, 2005, the CITY awarded the RFP to AUDITORS and authorized the
proper City officials to enter into this Agreement with AUDITORS to render the professional
services more particularly described herein below.
1.5 Negotiations pertaining to the services to be performed by the AUDITORS were
undertaken and this Agreement incorporates the results of such negotiation.
ARTICLE 2
SERVICES AND RESPONSIBILITIES
2.1 AUDITORS hereby agree to perform the professional auditing services described in
the AUDITORS response ("Exhibit "B") to the RFP dated June 7, 2005 and as set forth in
Exhibit "A." Both Exhibits "A" and "B" are attached hereto and by this reference made a
part hereof. In case of a conflict or a perceived conflict, the terms and conditions set forth in
Exhibit "A" shall govem. Further, the Arrangement Letter attached hereto (Attachment I)
shall be attached hereto and by this reference made a part hereof. In the case of a conflict
between Attachment I and any other provision of this Agreement, the Agreement shall
govem.
2.2 During the conduct of the audit, AUDITORS shall schedule regular meetings, with the
CITY's Finance Support Services Director or designee at least weekly to discuss the
progress of the work.
2.3 AUDITORS shall fumish all services, labor, equipment, and materials necessary and
as may be required in the performance of this Agreement and all work performed under this
Agreement shall be done in a professional manner.
2.4 AUDITORS hereby represent to CITY, with full knowledge that CITY is relying upon
these representations when entering into this Agreement with AUDITORS, that AUDITORS
have the professional expertise, experience and manpower to perform the services to be
provided by AUDITORS pursuant to the terms of this Agreement.
ARTICLE 3
TIME FOR PERFORMANCE
AUDITORS shall perform the services identified in Article 2 and Exhibit "A" hereof and
deliver to the CITY in final form the report of the independent auditor, management letter, the
single audit report, and any other report as required for each fiscal year by no later than
February 17th of each year for the City's Audit and no later than September 1 st for the
Charter School audit of each year during the term of this Agreement. Minor adjustments to
the timetable for completion approved by CITY in advance, in writing, will not constitute non-
performance by AUDITORS per this Agreement. Additional services requested by City
Manager, or changes in scope, will be reviewed and any impact on the schedule determined
and the schedule modified accordingly.
Page2oflO
ARTICLE 4
DELAY IN PERFORMANCE
4,1
Liquidated Damaqes for Delay,
4.1.1 CITY shall be entitled to retain the sum of One Hundred and Fifty Dollars ($150.00) for
each day, or part thereof, that the work remains uncompleted beyond the timetable set forth
in Article 3 hereof when such delay is caused by the failure of the AUDITOR to perform as
agreed herein. It is recognized and agreed that damages in such events are difficult to
ascertain, though great and irreparable, and that this agreement with respect to liquidated
damages shall in no event disentitle CITY to injunctive relief and this sum is not construed as
a penalty.
4.1.2 Anything to the contrary notwithstanding minor adjustments to the timetable for
completion approved by CITY in advance, in writing, will not constitute a delay by AUDITORS
for which liquidated damages are due. Furthermore, a delay due to an Act of God, fire,
lockout, strike or labor dispute, riot or civil commotion, act of public enemy or other cause
beyond the control of AUDITORS shall extend this Agreement for a period equal to such
delay and during this period such delay shall not constitute a delay by AUDITORS for which
liquidated damages are due.
ARTICLE 5
COMPENSATION AND METHOD OF PAYMENT
5.1 CITY agrees to compensate AUDITORS for all services performed by AUDITORS
pursuant to the provisions of this Agreement in AN AMOUNT NOT TO EXCEED Sixty one
thousand dollars ($66,000) (the "Fee"). This amount may not be exceeded without a written
amendment to this Agreement. This Fee is broken down for each segment of the various
required audits as follows:
Compensation for City's Annual Audit...............,.................,............,..$ 50,500
These Fees include federal and state single audit, if required, out-of-pocket
expenses and the cost of drafting and typing the Comprehensive Annual
Financial Report (CAFR), Furthermore, the Fee will be reduced if the CITY
performs the following tasks or if a federal and/or state single audit is not
required by the amount(s) set forth below:
Compiling and Typing the Financial
Statements and Statistical Section of CAFR........... ,.......... ...
.. ,$ 5,000
Printing and binding 50 copies ofthe CAFR.... ....., .., ......,... ,.. ,... ...$ 1,500
Federal Single Audit, if not required
State Single Audit, if not required
$ 4,000
$ 4,000
Page30fJO
Compensation for Charter School Annual Audit .......................,... .... $15,500
These Fees include out-of-pocket expenses and the cost of drafting and typing
the Audited Financial Statements of the Charter School. Furthermore, the Fee
will be reduced if the CITY performs the following tasks by the amount(s) set
forth below:
Compiling and Typing the Financial Statements
of the Audited Financials ...
$ 2,300
Printing and binding 35 copies of each of the Audited Financials .. .,..$ 1,000
The Fee for subsequent contract years, ending 2006, 2007, 2008 and 2009 will be adjusted
from the current contract Fee using the Consumer Price Index for "All Urban Consumers for
Miami\Fort Lauderdale, Florida" as published by the U.S. Department of Labor Statistics or its
successor agency for the twelve (12) months ending July of each year to be effective for the
next engagement.
5.2
Method of Billina and Payment.
5.2,1 AUDITORS shall be entitled to invoice monthly based on the hours of work completed
during the course of the engagement and out-of-pocket expenses incurred as accepted by
CITY.
5.2.2 CITY will make its best efforts to pay AUDITORS within thirty (30) days of receipt of
proper invoice the total shown to be due on such invoice.
5.2.3 Payment will be made to AUDITORS at:
McGladrey & Pullen, LLP
Certified Public Accountants
100 Northeast Third Avenue, Suite 300
Fort Lauderdale, FI 33301
ARTICLE 6
CHANGES IN SCOPE OF WORK
CITY or AUDITORS may request changes that would increase decrease or otherwise modify
the Scope of Services to be provided under this Agreement. Such changes must be in
accordance with the provisions of the Code of Ordinances of the CITY and must be
contained in a written amendment, executed by the parties hereto, with the same formality
and with equality and dignity prior to any deviation from the terms of this Agreement,
including the initiation of any extra work. In no event will the AUDITORS be compensated for
any work which has not been described in a separate written agreement executed by the
Page 4 of 10
including the initiation of any extra work. In no event will the AUDITORS be compensated for
any work which has not been described in a separate written agreement executed by the
parties hereto. Provided, however, notwithstanding the foregoing if the addition of such
additional services will not exceed the Fee set forth in 5.1 above and the AUDITORS agree
to be compensated in accordance with the hourly rate set forth in Exhibit "8" the City
Manager may authorize such additional work in writing.
ARTICLE 7
MISCELLANEOUS
7.1 Ownership of Documents, Reports, surveys, studies and other data provided in
connection with this Agreement are and shall remain the property of CITY whether or not the
project for which they are made is completed.
7.1.1 AUDITORS further acknowledge that CITY may post its audited financial statements
on CITY's website. Such statements may be posted by CITY without the prior authorization
of AUDITORS. No additional fee or compensation will be paid to the AUDITORS by CITY for
such posting,
7.1.2 The CITY will not include its audited financial statements in any offering statement
without the prior authorization of the AUDITORS. AUDITORS acknowledge that they will
assist and provide their services to CITY, at the hourly rates of $220 for partner, $160 for
manager, $150 for supervisory staff and $110 for staff, all as revised by the CPI index
pursuant to Section 5.1 of this Agreement, in the event that CITY requests AUDITORS to
review and provide comments on the unaudited material or information associated with any
audited financial statement which is included in an offering statement related to any bond
transaction of CITY.
7,2
Term and Termination.
7.2.1 This Agreement may be terminated by either party for cause, or by the CITY for
convenience, upon thirty (30) days written notice by the CITY to AUDITORS in which event
the AUDITORS shall be paid their compensation for services performed to termination date.
In the event that the AUDITORS abandon this Agreement for their convenience (without
cause) they shall indemnify the CITY against any loss pertaining to this termination up to a
maximum of the full annual contracted fee amount.
7,2,2 This Agreement shall take effect as of the date of award by the City Commission and
shall end upon the AUDITORS completion ofthe work described herein, however, such date
shall not be later than February 17, 2007. Thereafter, this Agreement may be renewed for
three (3) additional one (1) year periods subject to Agreement by both parties, and providing
that all terms, conditions and specifications remain the same.
7,3 Records. AUDITORS shall keep books and records and require any and all
subcontractors to keep books and records as may be necessary in order to record complete
Page 5 of 11
(3) years after the completion of all work to be performed pursuant to this Agreement, unless
contacted by CITY and advised such re=rds must be kept for a longer period. AUDITORS
shall further be required to respond to the reasonable inquiries of successor auditors and
allow successor auditors to review AUDITORS' working papers related to matters of
continuing accounting, reporting or auditing significance. Incomplete or incorrect entries in
such books and records will be grounds for disallowance by CITY of any fees or expenses
based upon such entries.
7.4
Indemnification.
7,4.1 The AUDITORS shall protect, defend, reimburse, indemnify, and hold harmless the
CITY and the CITY"S officers, agents, and employees free and harmless from and against
any and all claims, losses, penalties, damages, settlements, costs, charges, attorneys or
other professional fees, or other expenses or liabilities of every kind and character arising
out of or relating to any and all claims, liens, demands, obligations, actions, or proceedings
directly or indirectly arising out of or resulting from the mistakes or negligence, gross
negligence, willful and wanton acts and the performance of this Agreement by the
AUDITORS, or their respective officers, employees, agents, servants, partners or
principals. The AUDITORS agree to investigate, respond, adjust, and provide a defense
for any such claims, demands, and actions at AUDITORS' sole expense and agrees to
bear and remain liable for all such other costs and expenses relating thereto, even if such
claim is groundless, false, or fraudulent. Notwithstanding the foregoing, AUDITORS'
indemnity shall not extend to liability for damages to persons or property to the extent such
damage was caused by any act, omission, or default of the CITY, or by the CITY'S officers,
agents, and employees.
7.4.2 The parties recognize that various provisions of this Agreement, including but not
necessarily limited to this Section, provide for indemnification by the AUDITORS and that
Florida Statutes may require a specific consideration be given therefore. The parties
therefore agree thatthe sum ofTen Dollars and 00/100 ($10,00), receipt of which is hereby
acknowledged, is the specific consideration for such indemnities, and the providing of such
indemnities is deemed to be part of the specifications with respect to the services to be
provided by AUDITORS, Furthermore, the parties understand and agree thatthe covenants
and representations relating to this indemnification provision shall serve the term of this
Agreement and continue in full force and effect as to the party's responsibility to indemnify.
7.5
Insurance.
7.5,1 The AUDITORS shall not commence work under this Agreement until they have
obtained all insurance required under this paragraph and such insurance has been approved
by the City Manager of the CITY nor shall the AUDITORS allow any Subcontractor to
commence work on his sub-contract until all similar such insurance required of the
subcontractor has been obtained and approved.
7.5.2 Certificates of insurance, reflecting evidence of the required insurance shall be filed
with the City's Risk Manager prior to the commencement of this Agreement. These
Page6ofiO
Certificates shall contain a provision that coverage's afforded under these policies will not be
cancelled until at least forty-five days (45) prior written notice has been given to the CITY.
Policies shall be issued by companies authorized to do business under the laws of the State
of Florida. Financial Ratings must be not less than "A-VI" in the latest edition of "Best Key
Rating Guide", published by A.M. Best Guide,
7,5.3 Insurance shall be in force until the obligations required to be fulfilled under the terms
of the Agreement are satisfied. In the event the insurance certificate provided indicates that
the insurance shall terminate and lapse during the period of this Agreement, then in that
event, the AUDITORS shall fumish, at least forty-five (45) days prior to the expiration of the
date of such insurance, a renewed certificate of insurance as proof that equal and like
coverage for the balance of the period of the Agreement and extension there under is in
effect. The AUDITORS shall not commence nor continue to provide any services pursuant to
this Agreement unless all required insurance remains in full force and effect. AUDITORS
shall be liable to CITY for any lapses in service resulting from a gap in insurance coverage.
7.5.4 REQUIRED INSURANCE
7.5.4.1. PROFESSIONAL LIABILITY insurance. Limit of $1,000,000 per occurrence
The City does not require AUDITORS to name City as "additional insured"
7.5.4.2. WORKERS COMPENSATION insurance shall be maintained during the life of
this Agreement to comply with statutory limits for all employees, and in the case any work is
sublet, the AUDITORS shall require the Subcontractors similarly to provide Workers
Compensation Insurance for all the latter's employees unless such employees are covered
by the protection afforded by the AUDITORS. The AUDITORS and their subcontractors shall
maintain during the life of this policy Employers Liability Insurance. The following limits must
be maintained:
Workers Compensation
Employer's Liability
Statutory
$100,000 - Each Accident
$500,000 - Disease-policy limit
$100,000 - Disease-each employee
If AUDITORS claim to be exempt from this requirement, AUDITORS shall provide CITY
proof of such exemption along with a written request for CITY to exempt AUDITORS,
written on AUDITORS' letterhead,
7.5.4.3 The CITY reserves the right to require any other insurance coverage it deems
necessary depending upon the exposures.
7,5 Independent Contractor. This Agreement does not create an employee/employer
relationship between the parties, It is the intent of the parties that the AUDITORS are
independent contractors under this Agreement and not the CITY's employees for all
purposes, including but not limited to, the application of the Fair labor Standards Act
minimum wage and overtime payments, Federal Insurance Contribution Act, the Social
Page 7 of 10
Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue
Code, the State Workers Compensation Act, and the State unemployment insurance law.
The AUDITORS shall retain sole and absolute discretion in the judgment of the manner and
means of carrying out AUDITORS' activities and responsibilities hereunder. The AUDITORS
agree that they are a separate and independent enterprise from the CITY, that they have full
opportunity to find other business, that they have to make their own investment in their
business, and that they will utilize a high level of skill necessary to perform the work, This
Agreement shall not be construed as creating any joint employment relationship between the
AUDITORS and the CITY and the CITY will not be liable for any obligation incurred by
AUDITORS, including but not limited to unpaid minimum wages and/or overtime premiums.
7.6
Assianments: Amendments.
7.6.1 This Agreement, or any interest herein, shall not be assigned, transferred or otherwise
encumbered, under any circumstances, by AUDITORS without the prior written consent of
CITY. However, this Agreement shall run to the CITY and its successors and assigns.
7.6.2 It is further agreed that no modification, amendment or alteration in the terms or
conditions contained here shall be effective unless contained in a written document executed
with the same formality and of equal dignity herewith.
7.7 No Continaent Fees. AUDITORS warrant that they have not employed or retained
any company or person, other than a bona fide employee working solely for the AUDITORS
to solicit or secure this Agreement, and that they have not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
AUDITORS any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or violation of this
provision, the CITY shall have the right to terminate the Agreement without liability at its
discretion, to deduct from the contract price, or otherwise recover the full amount of such fee,
commission, percentage, gift or consideration.
7.8 Notice. Whenever any party desires to give notice unto any other party, it must be
given by written notice, sent by registered United States mail, with return receipt requested,
addressed to the party for whom it is intended and the remaining party, at the places last
specified, and the places for giving of notice shall remain such until they shall have been
changed by written notice in compliance with the provisions of this section. For the present,
the AUDITORS and the CITY designate the following as the respective places for giving of
notice:
CITY:
Eric M. Soroka, City Manager
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
Telephone No.
Facsimile No.
(305)466-8910
(954)466-8919
Page8ofiO
Copy To:
Weiss, Sorota, & Helfman, P.A.
2665 South Bayshore Drive, Suite 204
Miami, Florida 33133
Telephone No.
Facsimile No.
(305) 854-0800
(305) 854-2323
AUDITORS:
McGladrey & Pullen, LLP
Certified Public Accountants
100 Northeast Third Avenue, Suite 300
Fort Lauderdale, FI 33301
Telephone No.
Facsimile No.
(954) 462-6300
(954) 462-4607
7.9 Bindinq Authoritv. Each person signing this Agreement on behalf of either party
individually warrants that he or she has full legal power to execute this Agreement on behalf
ofthe party for whom he or she is signing, and to bind and obligate such party with respect to
all provisions contained in this Agreement.
7.10 Headinqs. Headings herein are for convenience of reference only and shall not be
considered on any interpretation of this Agreement.
7.11 Exhibits. Each Exhibit referred to in this Agreement fonns an essential part of this
Agreement. The exhibits if not physically attached should be treated as part of this
Agreement and are incorporated herein by reference.
7.12 Severability. If any provision ofthis Agreement or application thereofto any person or
situation shall to any extent, be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those
as to which it shall have been held invalid or unenforceable shall not be affected thereby, and
shall continue in full force and effect, and be enforced to the fullest extent pennitted by law.
7.13 Governinq Law. This Agreement shall be governed by the laws of the State of
Florida with venue lying in Miami-Dade County, Florida.
7.14 Extent of Aqreement. This Agreement represents the entire and integrated
agreement between the CITY and the AUDITORS and supersedes all prior negotiations,
representations or agreements, either written or oral.
Page 9 of 10
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first written above,
ATTEST:
ERIC M. SOROKA, CITY MANAGER
APPROVED AS TO FORM.
OFFICE OF THE CITY ATTORNEY
AUDITORS
WITNESSES:
BY:
Print Name:
Title:
ATTEST:
SECRETARY
STATE OF FLORIDA
)
COUNTY OF BROWARD )
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared as
of , Certified Public
Accountants and Consultants, and acknowledged they executed the foregoing Agreement as
the proper official of , for the use and purposes mentioned in
it and that the instrument is the act and deed of
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the
State and County aforesaid on this day of , 2005.
NOTARY PUBLIC
My Commission Expires:
Page 10 of 10
ATTACHMENT I
To
Audit Engagement Agreement
October 3, 2005
City of Aventura, Florida
19200 West County Club Drive
Aventura, FL 33180
Attention: The Honorable Mayor and City Commission
This letter is to explain our understanding of the arrangements for the services we are to
perform for the City of Aventura, Florida (the "City") for the fiscal years ending
September 30, 2005 through 2009 and fiscal years ending June 30, 2006 through 2009
for the Aventura City of Excellence School. We ask that you either confirm or amend
this understanding.
We will perform audits of the City's governmental activities, business-type activities,
each major fund, and aggregate remaining fund information as of and for the years
ending September 30, 2005 through 2009, which collectively comprise the basic
financial statements. We understand that these financial statements will be prepared in
accordance with accounting principles generally accepted in the United States of
America. The objective of an audit of financial statements is to express an opinion on
those statements.
We will perform audits of the Aventura City of Excellence Charter School (the "Charter
School") as of and for the years ending June 30, 2006 through 2009. We understand
that these financial statements will be prepared in accordance with accounting
principles generally accepted in the United States of America.
Our acceptance of this engagement is subject to our satisfactorily completing
communication with and review of the working papers of your previous auditors. We will
notify you promptly if we become aware of anything during that communication or
review which results in our not being able to continue this engagement.
We will also perform the audits of the City so as to satisfy the audit requirements
imposed by the Single Audit Act and the U.S. Office of Management and Budget (OMB)
Circular No. A-133, should they become necessary during the contract period,
We will conduct the audits in accordance with auditing standards generally accepted in
the United States of America and Government Auditing Standards issued by the
Comptroller General of the United States. Those standards require that we plan and
perform the audits to obtain reasonable rather than absolute, assurance about whether
the financial statements are free of material misstatement whether caused by error,
fraudulent financial reporting, or misappropriation of assets. Accordingly, a material
misstatement, whether caused by error, fraudulent financial reporting, or
misappropriation of assets, may remain undetected. An audit includes examining, on a
test basis, evidence supporting the amounts and disclosures in the financial statements.
As a result, an audit is not designed to detect errors or fraud that are immaterial to the
financial statements, An audit also includes assessing the accounting principles used
and significant estimates made by management, as well as evaluating the overall
financial statement presentation. We believe that our audits will provide a reasonable
basis for our reports.
In addition to our reports on the City's financial statements, we will also issue the
following reports or types of reports:
Reports on internal control related to the financial statements. These reports will
describe the scope of testing of internal control and the results of our tests of
intemal controls.
Reports on compliance with laws, regulations, and the provision of contracts or
grant agreements. We will report on any noncompliance, which could have a
material effect on the financial statements.
The funds that you have told us are maintained by the City and that are to be included
as part of our audits are as listed in the City's 2004 financial statements.
Our reports on internal control will include any reportable conditions and material
weaknesses in the system of which we become aware as a result of obtaining an
understanding of internal control and performing tests of internal control consistent with
requirements of the standards identified above, Our reports on compliance will address
material errors, fraud; violations of compliance requirements, and other responsibilities
imposed by state and federal statutes and regulations and assumed by contracts; and
any state or federal grant, entitlement of loan program questioned costs of which we
become aware, consistent with requirements of the standards identified above.
If circumstances arise relating to the conditions of your records, the availability of
sufficient, competent evidential matter, or indications of a significant risk of material
misstatement of the financial statements because of error, fraudulent financial reporting,
misappropriation of assets, or noncompliance which in our professional judgment
prevent us from completing the audits or forming an opinion, we retain the unilateral
right to take any course of action permitted by professional standards, including
declining to express an opinion or issue a report, or withdrawal from the engagement.
As you know, management is responsible for 1) the preparation of the City and Charter
School's financial statements, 2) establishing and maintaining effective intemal control
over financial reporting and safeguarding assets and internal control over compliance,
including monitoring ongoing activities, and for informing us of all significant deficiencies
in the design or operation of such controls of which it has knowledge, 3) properly
recording transactions in the records, 4) identifying and ensuring that the City and
Charter School complies with the laws and regulations applicable to their activities, and
for informing us about all known material violations of such laws or regulations, 5) the
design and implementation of programs and controls to prevent and detect fraud, and
for informing us about all known or suspected fraud affecting the entity involving
2
management, employees who have significant roles in internal control and others where
the fraud could have a material effect on the financial statements, 6) informing us of its
knowledge of any allegations of fraud or suspected fraud affecting the entity received in
communications from employees, regulators, or others, 7) making all financial records
and related information available to us, 8) for adjusting the financial statements to
correct material misstatements, 9) following up and taking corrective action on audit
findings, including the preparation of a summary schedule of prior audit findings, and a
corrective action plan, and 10) report distribution including submitting the reporting
packages. At the conclusion of each of our audits, we will request certain written
representations from management about the financial statements and matters related
thereto. We will also require that you affirm to us that the effects of any uncorrected
misstatements aggregated by us during the current engagement and pertaining to the
latest period presented are immaterial, both individually and in the aggregate, to the
financial statements taken as a whole.
The City Commission is responsible for informing us of its views about the risks of fraud
within the entity, and its knowledge of any fraud or suspected fraud affecting the entity.
We will also determine that certain matters related to the conduct of the audits are
communicated to the City Commission including 1) fraud involving senior management
and fraud (whether caused by senior management or other employees) that causes a
material misstatement of the financial statements, 2) illegal acts that come to our
attention (unless they are clearly inconsequential), 3) disagreements with management
and other serious difficulties encountered in performing the audits, and 4) various
matters related to the entity's accounting policies and financial statements.
The working papers for this engagement are the property of McGladrey & Pullen, LLP.
However, you acknowledge and grant your assent that representatives of the cognizant
or oversight agency or their designee, other govemment audit staffs, and the U,S.
Government Accountability Office shall have access to the audit working papers upon
their request; and that we shall maintain the working papers for a period of at least three
years after the date of the report, or for a longer period if we are requested to do so by
the cognizant or oversight agency. Access to requested work papers will be provided
under the supervision of McGladrey & Pullen, LLP audit personnel and at a location
designated by our Firm.
You have informed us that you intend to prepare a Comprehensive Annual Financial
Report ("CAFR") and submit it for evaluation by the Government Finance Officers
Association's Certificate of Achievement for Excellence in Financial Reporting Program.
Our participation in the preparation of the CAFR is to consist of having the audit and
accounting report review performed by a person who is also a reviewer for the GFOA
certificate program and have them involved in the resolution of any accounting or
reporting questions that arise during the engagement. We will also read the material
included in the Introductory and Statistical Sections,
We will assist the City and Charter School in the preparation of their financial
statements. The two overarching principles of the independence standards of the
Government Auditing Standards issued by the Comptroller General of the United States
provide that management is responsible for the substantive outcomes of the works, and
therefore, has a responsibility and is able to make any informed judgment on the results
of the services described above. Accordingly, the City agrees to the following:
3
Harry Kilgore, Director of Finance Support Services, will be accountable and
responsible for overseeing the preparation of the City and Charter School's
financial statements.
The City will establish and monitor the performance of the preparation of the
financial statements to ensure that they meet management's objectives.
The City will make any decisions that involve management functions related to
the financial statements and accepts full responsibility for such decisions.
The City will evaluate the adequacy of services performed and any findings that
result.
During the course of our engagement, we may accumulate records containing data,
which should be reflected in your books and records, You will determine that all such
data, if necessary, will be so reflected. Accordingly, you will not expect us to maintain
copies of such records in our possession.
From time to time and depending upon the circumstances, we may use third-party
service providers to assist us in providing professional services to you. In such
circumstances, it may be necessary for us to disclose confidential client information to
them. We enter into confidentiality agreements with all third-party service providers and
we are satisfied that they have appropriate procedures in place to prevent the
unauthorized release of your confidential information to others,
The assistance to be supplied by organization personnel, including the preparation of
schedules and analyses of accounts, has been discussed and coordinated with Harry
Kilgore, Director of Finance Support Services. The timely and accurate completion of
this work is an essential condition to our completion of the audits and issuance of our
audit reports.
Our fees are based on the time required by the individuals assigned to the engagement,
plus direct expenses. Individual hourly rates vary according to the degree of
responsibility involved and the skill required. Interim billings will be submitted as work
progresses and as expenses are incurred. Billings are due upon submission. Our fees
(inclusive of direct expenses) for the audits of the City and Charter School, as well as
any single audit reports, should they become required during the contract period, will
not exceed the amounts noted in Article 5.1 of the Audit Engagement Agreement,
unless the scope of the engagement is changed, the assistance which the City has
agreed to furnish is not provided, or unexpected conditions are encountered, in which
case we will discuss the situation with you before proceeding.
If it should become necessary for the City to request McGladrey & Pullen, LLP to render
any additional services to either supplement the services outlined in this letter or to
perform additional work as a result of the specific recommendations included in any
report issued on this engagement, then such additional work will be performed, only if
set forth in an addendum to this letter, at the same rates set forth in our sealed dollar
cost bid proposal dated July 13, 2005.
Our professional standards require that we perform certain additional procedures, on
current and previous years engagements, whenever a partner or professional employee
leaves the firm and is subsequently employed by or associated with a client.
4
Accordingly, the City agrees it will compensate McGladrey & Pullen, LLP for any
additional costs incurred as a result of the employment of a partner or professional
employee of McGladrey & Pullen, LLP.
In the event we are requested or authorized by the City or are required by government
regulation, subpoena, or other legal process to produce our documents or our personnel
as witnesses with respect to our engagements for the City, the City will, so long as we
are not a party to the proceeding in which the information is sought, reimburse us for
our professional time and expenses, as well as the fees and expenses of our counsel,
incurred in responding to such requests.
Professional standards and our Firm policies require that we perform certain additional
procedures whenever our reports are included, or we are named as accountants,
auditors, or "experts" in a document used in a public offering of debt securities. Our
report on the financial statements is not to be included in an official statement or other
document involved with the sale of debt instruments without our prior consent.
Additionally, if you intend to publish or otherwise reproduce the financial statements
and/or make reference to us or our audits, you agree to provide us with printer's proofs
or master for our review and consent before reproduction and/or release occurs. You
also agree to provide us with a copy of the final reproduced material for our consent
before it is distributed or released. Our fees for any additional services that may be
required under our quality assurance system as a result of the above will be at the same
rates set forth in our sealed dollar cost bid proposal dated July 13, 2005.
Any claim arising out of services rendered pursuant to this agreement shall be resolved
in accordance with the laws of Florida. It is agreed by the City and McGladrey & Pullen,
LLP or any successors in interest that no claim arising out of services rendered
pursuant to this agreement by or on behalf of the City shall be asserted more than two
years after the date of the last audit report issued by McGladrey & Pullen, LLP.
In accordance with Government Auditing Standards, a copy of our most recent peer
review report has been provided to you, for your information.
If this letter defines the arrangements, as you understand them, please sign and date
the enclosed copy, and return it to us. We appreciate your business.
McGladrey & Pullen, LLP
Robert R. Feldmann
Partner
Confirmed on behalf of the addressee:
Signature
Date
5
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
DATE:
City Commission ê
Eric M. Soroka, City age
~ Kilgore, FI ce Su ort Services Director
October 3, 2005
TO:
FROM:
BY:
SUBJECT: Disaster Relief Funding Agreement
October 11, 2005 City Commission Meeting Agenda Item ~
Recommendation
It is recommended that the City Commission approve the attached resolution authorizing
the City Manager to execute the Disaster Relief Funding Agreement.
Backaround
This agreement covers the City's requested reimbursement of costs relatin~ to Hurricane
Katrina. The City incurred costs in preparing for the hurricane on August 25t and 26th and
for cleanup after the storm beginning on August 26th.
We began working with representatives of Florida's Department of Community Affairs
(DCA) and the Federal Emergency Management Agency (FEMA) last week, We are in the
very early stages of gathering all information for reimbursement but believe it will be in
excess of $100,000.
The State requires each governmental entity to sign the standard Disaster Relief Funding
Agreement in order to receive reimbursement. I, therefore recommend approval of the
resolution.
HMK/mn
RESOLUTION NO. 2005--
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 DISASTER RELIEF FUNDING AGREEMENT
BETWEEN THE CITY OF AVENTURA AND THE STATE
OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS;
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 Disaster Relief Funding
Agreement between the City of Aventura and the state of Florida Department of
Community Affairs for reimbursement of certain costs of preparation for and cleanup
after Hurricane Katrina.
Section 2. The City Manager is hereby authorized to do all things necessary and
expedient in order to effectuate the execution of the attached Agreement described in
Section 1 above, and to carry out the aims of this Resolution.
Section 3.
adoption.
This Resolution shall become effective immediately upon its
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 Zev Auerbach
Commissioner Bob Diamond
Commissioner Billy Joel
Commissioner Harry Holzberg
Commissioner Michael Stern
Commissioner Luz Urbáez Weinberg
Mayor Susan Gottlieb
Resolution No. 2005--
Page 2
PASSED AND ADOPTED this 11'" day of October, 2005
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
~,~
CITY ATTORNEY
STATE OF FLORIDA
Department or Community AtTairs
DISASTER RELIEF FUNDING AGREEMENT
Agreement No. 06-KT-B&-11-23-Q2-598
CFDA No. ~
Subgrantee: Avonlura. City 01
FJPS No, 086-02681-00
This Agreement is between the State of Florida, Deparbnent of Community Affairs (hereinafter refemod 10 as
the "Grantee" and, the undersigned State Agency, political subdivision of the State, private nonprofit orgaoizations,
or federally recognized Indian Tribes or authorized tribal organizations (hereinafter refemod 10 as the "Subgraniee").
This Agreemenl is based on the existence of the following facts and conditions:
A. WHEREAS, Hurricane Katrina the event beginning August 24, 2005, and thereafter, bad a devastating
impact upon the State of Florida. The severity of the damage and losses resulted in a proclamation of
emergency by the Governor in Executive Order 05-176. In consequence of the Evenl, the President of the
United States on August 28,2005, declared Major Disaster No. FEMA-DR-I602-FL in Bay, Broward,
Escambia, Gulf, Miami-Dade, Monroe, Okaloosa, Santa Rosa, and Walton counties in the State of Florida.
Additional counties may be added 10 the declaration later. As a result, the Public Assistance Program was
made available 10 eligible applicants in these Declared counties; and,
B. WHEREAS. a FEMA-State Agreement between the State of Florida and the Fedenù Emergency
Management Agency governing the use of such fimds requires the State 10 share the oosts eligible for fedenù
financial assistance, and the State bas undertaken 10 share those costs, as appropriated, with its Subgrantees;
and.
C. WHEREAS, the Grantee represents thet it is fully qnalified and eligible to receive these grant funds to
provide the SClVices identified herein and agrees 10 comply with all the requirements of this Agreemenl; and,
D. WHEREAS, the Gnmtee receives these grant fimds from the State of Florida and the federal govemmenl,
and has the authority, under Section 252.373, Fla. Stat. to disburse these funds 10 the Subgrantees upon the
tenns and conditions hereinafter sel forth; and,
E. WHEREAS. a Budget Amendment bas been prepared and is being considered 10 provide for the
necessary fimds and authority for this event. Under the Emergency Management Act, as amended, the
Deparbnent has authority 10 administer fedenù fmancial assistance from the Federal Emergency Management
Agency consequent to a presidential declaration of disasler.
NOW. THEREFORE, the Grantee and Subgrantee, based upon the existence of the foregoing conditions,
do further agree 10 the following:
ARTICLE L DefiDltions. As used in this Agreement, the following tenus shall have the following meanings
unless another meaning is specified elsewhere:
A. "Eligible activities" are those activities authorized in the FEMA-State Agreemenl, and in the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended by Public Law 100-
707; 44 Code ofFedenù Regulations Part 206.36; and applicable policies of the Federal Emergency
Management Agency.
B. "FEMA-State Agreement" is the agreement dated August 28. 2005. between the Federal Emergency
Management Agency and the Slate of Florida, for the Major Disaster No. FEMA-I602-DR-FL.
ARTICLE It ADolicable Law. The parties agree to all the conditions. obligations, and duties imposed by
the FEMA-State Agreement and all applicable state and federal legal requirements including, without any limitation
on the generality of the foregoing, the requirements of 44 Code of Federal Regulations Parts 13 and 206, and the
policies of the Federal Emergency Management Agency.
ARTICLE m Fuodio2 and Insurance. Gnmtee shall provide funds to the Subgrantee for eligible activities
for the projects approved by the Grantee and the Federal Emergency Management Agency, as specified in the
approved Project Worksheets. Allowable costs sbaIl be detennined as per 44 Code of Federal Regulations Parts 13
and 206. much sbaIl be seventy five (75) percent of all eligible costs lDÙess a higher percentage is approved.
A. The approved Project Worksheets sbaIl be transmitted to Subgrantee, and sbaIl state the c\DIlulative
ftmding allowed, the scope of the eligible project, and the costs eligible under tills Agreement. Project
Worksheets may obligate or deobligate funding. thereby amending the total ftmding for the project. The
approved Project Worksheets sbaIl documenl the total eligible costs and the total federal share of those costs,
much sbaIl be seventy five (75) percent of all eligible costs, unless a higher percentage is approved.
Contingent upon an appropriation by the Florida LegisJaiure, the Grantee may provide some portion of any
oonfederal share for some subgrantees. As a condition of receipt of the federal funding; the Subgrantee agrees
to provide any nonfederal share not paid by the Grantee.
B. As a condition to fimding tDlder tills Agreemenl, the Subgrantee agrees that the Grantee may withhold
funds otherwise payable to Subgrantee from any disbursement to Grantee upon a detennination by Grantee or
Federal Emergency Management Agency that funds exceeding the eligible costs have been dishursed to
Subgrantee pursuant to tills Agreement or any other funding agreement administered by Grantee.
C. As a further condition to funding tDlder tills Agreement, the Subgrantee agrees to procure insurance
sufficient for the type or types of hazards for much the disaster was declared to cover any and all projects to be
ftmded under this Agreement where insurance is available and reasonable. Subgrantee shall provide Grantee
with a certificate of such insurance as a condition to fimding under this Agreement.
ARTICLE IV. DuDlicalion or Benefits Problbltion. Subgrantee may nol receive fimding under tills
Agreement to pay for damage covered by insurance. nor may Subgrantee receive any other duplicate benefits tDlder
tills Agreement.
A. Subgrantee shall without delay advise Grantee of any insurance coverage for the damage identified on the
applicable Project Worksheets and of any entitlement to compensation or indemnification from such insunmce.
Subgrantee shall reimburse Grantee without delay for any duplicale benefits Subgrantee may receive from any
other sowœ for any damage identified on the applicable Project Worksheets for which Subgrantee has
received payment ftom Grantee, to the extent of any such duplication.
B. In the event that Grantee should deIennine that Subgrantee has received duplicate benefits, by its
execulioo of this Agreement the Subgrantee gives Grantee or the Chief Financial Officer-DepaI1ment of
Financial Services of the Stale of Florida the authority to set off the S\DD of any such duplicale benefits by
withholding it from any other ftmds otherwise due and owing 10 Subgrantee.
ARTICLE V. ComoOaDee willi EnviroomeøtaL PI.Doin2 .Dd PermlttiJuz Laws. Subgrantee shall be
responsible for the implementation and completion of the approved ~eets described in the Project Worksheets in a
manner acceptable 10 Grantee. and in accordance with applicable legal requirements. The conlract documents for
2
any project undertaken by Subgrantee, and any land use permitted by or engaged in by Subgmntee, shall be
consistent with the local govenunent Comprehensive Plan. Subgrantee shall ensure that any development or
development order complies with all applicable planning, permitting and building requiremenls. Subgrantee shall
engage such competent engineering, building, and other technical and professional assistance at all project siles as
may be needed to ensure that the project complies with the contract documents.
ARTICLE VI Required Documentation. ReviC'll's. ud Inspections. Subgrantee shall create and maintain
documentation of worl< peñormed and costs incurred on each project identified in a Projecl Worksheet sufficient to
permit a formal audit comporting with ordiruuy, customary and prudent public aCCOWlting requiremenls. Upon the
failure of Subgrantee to creale and maintain such documentation, Grantee may tenninale further funding under this
Agreement, and Subgrantee shall reimburse to Gmntee all paymenls disbursed earlier to Subgrantee, together with
any and all accrued interest.
A. Subgraniee shall submit the following documentation for Large Projecls (the Luge Project threshold for
this declaration is $55,500), \\1¡jch can be fOlmd at www.floridapa.org
l.
2.
Request for Reùnbursement
A StDIlmary of Documentation, which shall be supported by original documents such as contract
documents, invoices, purchase orders, and change orders;
A request for fmal inspection;
A signed Projecl Completion and CertiíJCation Report upon the completion of all projects; and
The Pr<>iect Completion and Certification Report specified by Paragraph B of Ibis Article.
3.
4.
5.
B. For all projecls, Subgrantee shall stale on the "Project Completion and Certification Report" that all work
was peñonned in accordance with this Agreement and the requirements in each Project Worl<sheet, and shall
stale the date of completion.
C. Grantee will inspect Small Projecls by mndom selection, and will conduct the fina1 inspections on Large
Projects, to ensure Ibat all work has been performed within the scope of wad< specified on the Project
Worksbeets. Costs not within the approved scope of work shall nol be reimbursed.
ARTICLE VIl Cost Shatia". The federal share of the eligible costs specified in the Project Worksheets
under Ibis Agreement shall be seventy fIVe (75) percent of such costs, wùess a higher percentage is approved, ef
~d the nonfederal share shall be the remaining amount. Payment of all or a specified portion of the
nonfederal share of such costs is contingent upon a polentia1 future State appropriation defining the apportionment
of the nonfederal share. Administrative oosIs in addition to the Project Worksheets that are otherwise eligible under
44 Code of Federal Regulations Part 206.36 and do 1101 require matching funds may also be funded by FEMA.
ARTICLE VITI. Pavmeat of Costs. Grantee shall disburse the eligible costs to Subgrantee in accordance
with the following procedures.
A. Grantee shall disburse the federal and noofederal shares of the eligible COSIs for Small Projecls to
Subgrantee as soon as practicable after execution of this Agreement and fonnal notification by the Federal
Emergency Management Agency of ils approval of the pertinent Project Wod<sheet.
B. Grantee shall reimburse Subgrantee for the federal and nonfederal shares of the eligible costs for Large
Projecls as soon as practicable after Subgrantee bas delivered the following documenls to Granlee:
l.
2.
A Request for Reùnbursement found at www.floridapa.org
A Summary of Documentation shall be supported by original documents such as contract
documents. invoices, purchase orders, and c!umge orders and is also available at
www.floridapa.org:; and.
3
3.
A letter or notification certifying that the reported costs were mcWTed in the pert'onnance of eligible
work.
C. Grantee may advance funds under Ibis Agreement to Subgrantee not exceeding the federal share if
Subgrantee meets the following conditions:
1.
Subgraotee shall certify to Grantee thai Subgrantee bas procedures in place to ensure thai funds are
disbtmied to project vendOls, conIrnctors, and subconiractors without unnecessary delay;
Subgraotee shall submit to Grantee the budget supporting the request;
2.
3.
Subgrantee shall submit a statement justifying the advance and the proposed use of the funds, and
specifying the amount of ftmds requested;
Subgraotee shall submit a completed Request for Advance and Schedule of Projected Expenditures
Fonns which is also available at www.floridapa.org; and,
Subgrantee shall pay over to Grantee any inIerest earned on advances for remittance to the Federal
Emergency Management Agency as often as practicable. and in any event not later than ten (10)
business days after the close of each calendar quarter.
4.
5.
D. Subgrantee may make improvemeuts to the project facility in conjunction with its restoration of the
facility to its pre-disaster condition in accordance willi 44 Code of Federal Regulations Part 206.36 with the
prior written approval of Grantee.
E. In any case in which Subgrantee certifies to Grantee in writing that Ihe restoration of a damaged public
facility to its pre-disaster condition is not in the best interest of the public. Subgrantee may request Grantee and
the Federal Emergency Management Agency to approve an alternate project in accordance with 44 Code of
Federal Regulations Part 206.36 before Ihe commencement of any work.
F. Grantee may, in its discretion, withhold its portion of the nonfederal share offtmding under this
Agreement from Subgrantee if Grantee bas reason to expect a subsequent unfavorable detennination by the
Federal Emergency Management Agency that a previous disbursement of ftmds under this Agreement was
improper.
ARTICLE IX. Final Favment. Grantee shaD disburse the final payment to Subgrantee upon the performance
of the following conditions:
A.
Subgraotee shall have completed the project;
B.
Subgrantee shall have submitted the docwnentation specified in Articles VI and VIII of Ibis Agreement;
C.
In the case of ùuge Projects. the Grantee shall have perfonned the final inspection;
D. In the case of Small Projects, Ihe Project Listing and Certification shaD have been reviewed by Grantee,
or Grantee shall have perfonned a final inspection; and,
E.
Subgrautee shall have requested final reimbursement.
ARTICLE X. Records Mainteoance. The ftmding of eligible costs under this Agreement and the
performance of all other conditions shall be subject to the following requirements, in addition 10 such 01ber and
further requirements as may be imposed by operation of law:
A. The "Unifonn Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments," as codified in 44 Code of Federal Regulations Part 13, as amended;
4
B. Office of Management and Budget Circular No. A-'if7, "Cost Prmciples for State and Local
Governments," as amended;
C. Office of Management and Budget Circlliar No. A-II 0, "Uniform Administrative Requirements for
Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit
Organizations," as amended; and
D. Office of Management and Budget Circular No. A-122, "Cost Principles for Non-Profit Organizations,"
as amended.
E. Subgrantee will maintain all documentation concerning the projects funded under this Agreement until
the occurrence of the following events, whichever is the later:
1.
The completion of fmal inspection and fmalandit, and the fmal resolution of any issues identiíæd in
the same; or,
The expiration of five (5) years IÌ"Om the date of disaster closeoul under this Agreement.
2.
F. Subgrantee shall make all documenIHtion concerning the projects funded under this Agreement available
and accessible to the Compttoller General of the United States. the Grantee, and the Federal Emergency
Management Agency between g:oo a.m. and 5:00 p.m. on weekdays other than official holidays.
ARTICLE XL Reimbursement of Funds. If upon final inspection, fmal andit, or other review by Grantee,
the Federal Emergency Management Agency or other authority determines that the disbursements to Subgrantee
under this Agreement exceed the eligible costs, Subgrantee shall reimbw-se to Grantee the swn by which the total
disbw-sements exceed the eligible costs within forty-five (45) days from the date Subgrantee is notified of such
detennination.
ARTICLE XIl A!!!!!. Subgrantee shall submit an Audil of Agreement Compliance to Grantee, and shall
have an independent audit performed by a Certified Public Accountant if its toIHI expenditures of federal fmancial
assistance for the most recent fISCal year equta! or exceed 5500,000.00.
A
Subgrantee will conduct the audit in accordance with the following requirements:
1.
The standards established by the Compttoller General of the United States. as specifICd in the
Genera1 Accounting Office SIandards for Audit of Govennnental Organizations, Programs,
Activities and Functions;
The standards eslablished by the American Institute of Certified Public Accountants;
The requirements of § 11.42, Florida Statute, and the Rllies of the Auditor General;
The requirements of the Single Audit Acl of1984, Pub. L. 98-502, as amended, 31 U.S.C. §§ 7501-
7507, to the extent here applicable; and.
Office of Management and Budget Circular No. A-133, as amended, to the extent here applicable.
2.
3.
4.
5.
B. The audit shall be identified by the serial contract identification number for this Agreement. If the
Subgrantee is a private nonprofit organization, it shall submit an organization-wide audit.
C. The audit shall be due not later than seven (7) months after the close of the fiscal year for Subgrantee
except where Grantee and Subgrantee have mutually agreed upon soother date.
D. Subgrantee shall conduct such additional audits as Grantee or the Federal Emergency Management
Agency may determine necessary to determine the adequacy, accuracy, and reliability of the inIemal
procedures
Subgrantee has in place to protect its assets and to ensW"e compliance with this Agreement.
5
E. If this Agreement is closed out without an audit, Grantee may recover from Subgrantee any disallowed
costs identified in an audit after such closeout
ARTICLE Xill. Noncomollance. If the Subgrantee violates this Agreement or any legislation, regulation,
statute, rule or other legal requirement applicable to the perfonnance of this Agreement, the Grantee may withhold
any disbursement otherwise due Subgrantee for the project with respect to which the violation has occurred WItii the
violation is cured or has otherwise come to Iinal resolution. If Ihe violation is not cured. Grantee may terminate this
Agreement and invoke its remedies under the Agreement as per Articles XVIII and XXIll of this Agreement.
ARTICLE XIV. Nondiscrimination bv Contracton. Subgrantee shall WIdertake an active program of
nondiscrimination in its administration of disaster assistance WIder this Agreement, as per 44 Code Federal
Regulatons Parts 7 and 16, and 44 Code of Federal Regulations Part 206.36. Subgrantee shall also be subject to the
requirements
in the General Selvices Administrative Consolidated List of Debarred, Suspended and ineligible Contractors, in
accordance with 44 Code of Federal Regulations Part 17.
ARTICLE XV. Modification. The time for performance of this Agreement may be extended once unless Ihe
failure of Subgrantee to close out Ihe project is caused by events beyond its control. A modification extending Ihe
time for completion of the project and any olber modification shall be in \\riling, and shall lake effect only upon
execution by both parties. Modifications to any Project Worksheet to be fimded lUlder this Agreement may be
requested by Subgrantee through Grantee, but the approval of any such modifications shall reside in the sole
discretion of the Federal Emergency Management Agency. Any approved modification to a Project Worl<sbeet shall
be noted in an additional Project Worksi1eet version for Ihe project If otherwise allowed under this Agreement, any
extension shall be in \\riling and shall be subject to the same terms and conditions as those set out in the initial
Agreement.
ARTICLE XV! TIme for Perlormance. Time shall be of the essence of this Agreement and of the
performance of all conditions lUlder it. Subject to any modification extending the time for Ibe perfonnance of this
Agreement approved by Grantee or Ibe Federal Emergency Management Agency, the time for the completion of
emergency work shall be six (6) months &om the date of the Presidential Decimation. The time for the completion
of permanent worl< shall be eighteen (18) months from the date of1he Presidential Decimation. For Large Projects
the Summary of Doctnnentation and Ibe supporting docwnents identified in Article VI of this Agreement shall be
submitted to Ihe Granlee not later than sixty (60) days after Ihe extension date of the last modification extending the
Agreement. Subgrantee shall submit the completed Project Listing to Grantee not later than thirty (30) days from
the completion of all work, or the approval of the Final Inspection by the Federal Emergency Management Agency,
whichever is later. The time for the perfonnance of this Agreement may be extended for cause by Grantee.
Extensions shall not be approved for delays caused by lack of cosI-share funding. If any extension request is denied.
Subgrantee shall be reimbursed for eligible projecl costs incurred up to the latest approved date for timely
completion. Failure to complete any project will be adequate cause for the termination of funding for that project.
ARTICLE xvn. Contracts With Othen. If the Subgrantee cootracts with any other contractor or vendor
for performance of all or any portion of the work required under this Agreement, the Suhgrantee shall incorporate
into its contract with such contractor or vendor an indemnification clause bolding Grantee and Subgrantee harmless
lÌom liability to third parties for claims asserted W1der such contract.
ARTICLE xvm Termination. Either oftbe parties may terminate this Agreement by ootice in \\riling
delivered to the address specified in Article XXV of this Agreement. Such termination shall ta\œ effect thirty (30)
6
days after the date of such nolice. Such tenninatioo shall not affect the rights. interests, duties or responsibilities of
either of the parties or any allowable costs that have accrued as of the date of the notice of termination.
ARTICLE XIX. Liabllitv. Grnntee asswnes DD liability to third parties in connection with this Agreement.
Unless the Subgrantee is a governmental entity covered by § 76K28(5), Florida Statute. the Subgrantee shall be
solely responsible to any and all contractors, vendors, and other parties with whom it contracts in perfmming this
Agreement. Unless the Subgnmtee is a governmental entity within the meaning of the preceding sentence,
Subgrantee sball indemnify Grantee from claims asserted by third parties in connection with the perfonnance of this
Agreement, holding Grnntee and Subgrantee bannless from the same. Also:
A. For the pllIpOse of this Agreement, the Grantee and Subgranlee agree that neither one is an employee or
agent of the other, but that each one stands as an independent contractor in relation to the other.
B. Nothing in this Agreement sball be construed as a waiver by Grantee or Subgnmtee of any legal
immunity, nor shall anything in this Agreemenl be construed as consent by either of the parties to be sued by
third parties in connection with any matter arising from the performance of this Agreement.
C. Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites
are presenl in quantities within statutory and regulatory limitations, and do not require remedial action under
any federal, state or lneallegal requirements concerning such substances, Subgrantee further represents that
the presence of any sucb substance or any condition at the site caused by the presence of any such substance
shall be addressed in acconlance with all applicable legal requirements.
ARTICLE XX. Reoorts. Subgrantee shall provide Quarterly Reports to Grantee, on the Quarterly Report
Fonn confonning to the sample attached as Attaclunent E. The first Quarterly Report shall be due at such time as
Subgrantee is notified. AU subsequent Quarterly Reports shall be due no later than fifteen (15) days after each
calendar quarter through final inspection. Quarterly Reports sball indicate the anticipaied completion date for each
project, together with any other circumstances that may affeclthe completioo date, the scope of work, the project
costs, or any other factors that may affect compliance with this Agreement. lnlerim inspections shall be scheduled
by Subgrantee before the fmal inspection, and may be required by Grnntee based on infonnation supplied in the
Quarterly Reports. Grantee may require additional reports as needed, and Subgrantee shall provide any additional
reports requested by Grantee as soon as practicable. With respecl to the Request for Advance or Reimbursement,
the Summary of Documentation, and the Quarterly Reports, the contact for Grnntee will be the State Public
Assistance Officer.
ARTICLE XXI Standard Conditions.
Subgrantee agrees to the following conditions:
A. The performance and obligation of Grnntee to pay under this Agreement is contingent upon an ltIUluai
appropriation by the Legislature and is ~ect to any modification in accordance with Chapter 216. Fla. Stat.,
and the disbursement to Grantee of federal funding in accordance with § 252.37(4), Fla. Stat.
B. Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a
proper pre-audit and post-audit.
C. Grnntee may unilaterally terminate this Agreement for refusal by the Subgrantee or its con1nlclors or
subcontractors to allow public aocess to all documents, papers, letters or other material subject to the
provisions of Cbapter 119, Fla.Stat., that are made or received by Suhgrantee or its contractors and
subcontractors in connection with this Agreement.
D. Subgrantee agrees that no fimds disbursed to it under this Agreement wiU be used for the purpose of
lobbying the Legislature or any of its members, any employee of the State of Florida, any Member of
Congress, any officer or employee of Congress, or any employee of a Member of Congress. in connection with
this Agreement or any modifications to this Agreement.
7
E. Subgrantee certifies that it possesses the legal authority to receive the ftmds.
F. Subgrantee agrees that responsibility for compliance with this Agreement rests with Subgrantee, and
further agrees that noncompliance with this Agreement shall be cause for the rescission, suspension or
tennination of funding under this Agreement, and may affect eligibility for funding under future Subgrantee
Agreements.
G. If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in
accordance with Section 112.061, Fla. Stat.
H. The State of Florida will not intentionally award publicly-funded CŒltracts to any contractor who
knowingly employs unauthorized alien workers, constituting a violation of the employment provisiŒls
contained in 8 US.C. SectiŒl1324a(e) [SectiŒl274A(e) of the Immigration and Nationality Act ("INA")].
The Department shalI consider the employment by any CŒltraclor of unauthorized aliens a violation of Section
274A(e) of the INA. Such violation by the Subgrantee of the employment provisions contained in Section
274A(e) of the INA shall be grounds for unilateral cancelIationofthis Agreement by the Department.
I. A person or affiliale who has been placed on the convicted vendor list following a cŒlviction for a public
entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the constructiŒl or repair
of a public building or public work, may not submit bids on leases of real property to a public entity. may not
be awarded or perform work as a contraCIor, supplier, subcontractor, or consultant under a contract with a
public entity, and may not transact business with any public entity in excess of Category Two for a period of
36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list.
J. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42
U.S.C. Section 1210 I ~, if applicable, which prohibits discrimination by public and private entities Œl
the basis of disability in the areas of employment, public accommodations, transportation, State and local
government services, and in telecommunications.
K. With respecl to any Subgranlee which is not a local government or state agency. and which receives funds
under this Agreement from the federal government, by signing this Agreement. the Subgrantee certifies. to the
best of its knowledge and belief, that it and its principals:
I. are not presently debamxI, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a fIVe-year period preceding this proposal been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal offense in connectiŒl with
obtaining, attempting 10 obtain, or performing a public (federal, state or local) transaction or contract under
public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery.
bribery, falsificatiŒl or destruction of records, making false statements. or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal. state or local) with commission of any offenses enumerated in paragraph 2O(h)2.
of this certification; and
4. have not within a five-year period preceding this Agreement bad one or more
public transactions (federal, state or local) tenninated for cause or default.
Where the Subgrantee is unable to certiIY to any of the statements in this certification, such
Subgrantee shall attach an explanation to this Agreement.
In addition, the Subgrantee shall submit to the Department (by email or by facsimile transmission) the
completed «Certification Regarding Debannent. Suspension, Ineligibility And VolW1tary Exclusion"
(Attacbment II) for each prospective subcŒllractor which Subgrantee intends to fund under this Agreement.
Such form must be received by the Department prior to the Subgrantee entering into a contract with any
prospective subcŒllraclor,
8
L. The validity of Ibis Agreement is subject to the truth and accuracy of all the information.
representations. and materials submitted or provided by the Subgrantee in Ibis Agreement, in any subsequent
submission or response to Department request, or in any submission or response to fulfill the reqtrirements of
Ibis Agreement, and such information. representations, and materials are incorporated by reference. The lack
of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days
written notice to the Subgrantee, cause the termination of Ibis Agreement and the release of the Department
from all its obligations to the Recipient
M This Agreement shall be construed under the laws of the Stale of Florida, and venue for any
actions arising out of Ibis Agreement shall lie in Leon County. If any provision hereof is in conflict with any
applicable statute or rule, or i. otherwise unenforceable, then such provision shall be deemed null and void to
the extent of such conflict, and shall be deemed severable. but shall not invalidale any other provision of Ibis
Agreement.
N, The Recipient certifies, by its signature to this Agreement, that to the best of his or her
knowledge and belief:
I. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the tmdersigned, to any person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress. an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awanling of any Federal contmct, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any Federal contmct, grant, loan or cooperative agreement
2. If any funds other than Federal approprialed funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
this Federal contmct, grant, loan or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL. 'Disclosure Form to Report Lobbying.' in accordance with its instructions.
3. The tmdersigned shall require that the language of Ibis certification be included in
the award documents for all subawards al all tiers (including subcontracts, subgrants, and contmcts tmder grants,
loan., and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of facl upon which reliance was placed -men this
transaction was made or entered into. Submission of Ibis certification is a prerequisite for making or entering
into Ibis transaction imposed by Section 1352, Title 31, u.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than SIO.OOO and not more than SIOO.OOO for each such
failure.
ARTICLE XXß. Term. This Agreement shall take effect upon its execution by both parties, and shall
tenninate upon approval of closeout by the Federal Emergency Management Agency, unless terminated earlier as
specified elsewhere in Ibis Agreement. Subgrantee shall commence project(s) specified by this Agreement without
delay.
ARTICLE XXIIL Events of Default. Remedies. and Termination.
A Upon the occurn:nce of anyone or more of the following events, all obligations of Gnmtee to disbune
further funds under Ibis Agreement shall tenninate at the option of Gnmtee. Notwithstanding the preceding
sentence. Gnmtee may at its option continue to make payments or portions of payments after the occurrence of
anyone or more such events without waiving the right to exercise such remedies and without incWTing liability
for further payment. Gnmtee may at its option tenninate Ibis Agreement and any and all funding tmder this
Agreement upon the occurrence of anyone or more of the following:
I.
Any representation by Subgrantee in Ibis Agreement is inaccurate or incomplete in any material
respect, or Subgrantee bas breached any condition of this Agreement or any previous agreement with
Grantee and has not cured in timely fashion, or is lU18ble or unwilling to meet its obligations under Ibis
Agreement;
Subgrantee suffers any material adverse change in its ftnanCial condition while Ibis Agreement is in
9
2.
3.
effect, as compared 1D its financial condition as represented in any reports or other documents
submitted 1D Grantee, if Subgmntee has not cured the condition within thirty (30) days after notice in
writing from Grantee;
Any reports required by this Agreement bave not been submitted to Grantee or bave been submitted
with inaccurate, incomplete, or inadequate infonnation; or,
The monies necessary 1D fund this Agreement are lillIlvailable due to any failure 1D appropriate or other
action or inaction by the Congress, Legislature, Office of the Comptroller or Office of Managemenl
and Budget.
4.
B. Upon the occum:nce of anyone or more of the foregoing events, iliantee may at its option give notice m
writing to Subgrantee 1D cure its failure of perfonnance if such failure may be cured. Upon the failure of
Subgrantee to cure, Grantee may exercise anyone or more of the following remedies:
1.
Tenninate this Agreement upon not less than f1fieen (15) days notice of such tennination by certified
letter 1D the Subgrantee at the address specified in Article XXV of this Agreement, such notice 1D take
effect when delivered 1D Subgrantee;
Commence a legal action for the judicial enforcement of this Agreement;
Withhold the disbursement of any payment or any portion of a payment otherwise due and payable
under this agreement or any other agreement with Subgrantee; and,
Take any other remedial actions that may otherwise be available under law.
2.
3.
4.
C. Grantee may terminate this Agreement for any misrepresentation of material fact, for failure or non-
perfonnance of any Agreement condition or obligation, or for noncompliance with any applicable legal
requirement
D. Any deobligation of funds or other detennination by the Federal Emergency Management Agency sball be
addressed in accordaru:e with the regulations of that Agency.
E. Upon the rescission, suspension or termination of this Agreement, the Sub grantee shall refund to Grantee
all funds disbursed to Subgrantee under this Agreement
F. The venue of any action or proceeding by either Gnmtee or Subgrantee for enforcemenl of this Agreement
or for adjndication of rights, interests. or duties of the parties 1D it shall lie in Leon County. Slate of Florida.
G. Notwithstanding anything to the contrary elsewhere in this Agreement, the rescission. suspension or
termination of this Agreement by Gnmtee shall not relieve Subgrantee of liability to Grantee for the restitution of
funds advanced to Subgrantee under this Agreement, and Grantee may set off any such ftmds by withholding
future disbursements otherwise due Subgrantee under this Agreement or any other Agreement until such time as
the exact amount of restitution due GranIee from Subgrantee is deIennined. In the event the Federal Emergency
Management Agency should deubligale funds formerly allowed under this Agreement or under any other
Agreement funded by the Agency and administered by Grantee, then Subgrantee shall immediately repay such
funds to Gnmtee. If the Subgrantee fails to repay any such funds, then Grantee may recover the same from
funding otherwise due Subgrantee.
10
Subgrantee:
City of Aventura
Disaster #: 1602
ARTICLE XXIV. Attachments.
A. All attachments to this Agreement if any are incorporaled into this Agreemenl by reference as if set out
fully in 1I1e text of 1I1e Agreement itself.
B. In the event of any inconsistencies between the language of this Agreement and the Attachments to it if any.
1I1e language of the Attachments shan be controning, but only to the extent of such inconsistenci",.
Note: All olber grant administrntive and electronic forms will be provided by Grantee as necessary or
pooled on 1I1e Department of Emergency Management website: www.fIoridapa.org.
ARTICLE XXV. Notice and Contact. All notices under this Agreement shall be in writing and shan be
delivered by Internet, by telefacsimile, by band, or by certified letter to 1I1e following respective addresses.
FOR THE GRANTEE:
W. Craig Fugate, Director
Division of Emergency Management
Department of Community Affairs
2555 Shumard Oak Blvd
Tallahassee, Florida 32399-2100
FOR THE SUBGRANTEE:
Eric M. Soroka
Citv Manal!:er
C'.;"y n~ Avp"l'ur"
19200 West Country Club Drive
AvP"l'ur". Flnd.¡" 'I'IIRO
ARTICLE XXVL Desåmation of AIlent. Subgrantee hereby designates Harry Kill!:ore
as its primary agent. and designates Martin Sherwood as its alternate agent, to execute any Request
for Advance or Reimbursement, certification, or 01l1er necessary documentation.
IN WITNESS HEREOF, 1I1e Grantee and Subgrantee have executed this Agreement:
FOR THE GRANTEE:
FOR THE SUBGRANTEE:
DEPARTMENT OF COMMUNITY AFFAIRS,
State of Florida, By:
Eric M. Soroka
(Prinled Name)
(Signed Name)
W. Cnrig Fugate, Director
Division of Emergency Management
C'.;l'y M"""gpr
(Title)
(Date)
Public Assistance ProIU81l1
(Date)
Federal Employer Identification Number (FEIN)
11
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
DATE:
City Commission ~
Eric M. Soroka, City g
Robert M. Sherman, ire or f Community servi~
October 5, 2005 ~
TO:
FROM:
BY:
SUBJECT:
Resolution Authorizing the City Manager to Execute Work
Authorization No. 01-0103-061 from Craven Thompson &
Associates, Inc. to design and prepare construction drawings for
improvements to the existing seawall along Yacht Club Drive for
the amount of $22,00.00
October 11th, 2005 City Commission Meeting Agenda Item
b'A'{
Recommendation
This project is contained in the Capital Improvements Program for this fiscal year. It is
recommended that the City Commission adopt the attached resolution authorizing the
City Manager to execute the attached work authorization No. 01-0103-061 from Craven
Thompson & Associates, Inc. to design and prepare construction drawings for
improvements to the existing seawall along Yacht Club Drive for the amount of
$22.000.00.
Backaround
This project was contained in the Capital Improvement Program that the City
Commission The work authorization scope of services includes the following:
1. Design and prepare construction drawings for drainage and grading
improvements along the existing bulkhead along Yacht Club Drive.
2. The plans will also include minor improvements to the existing seawall to
improve drainage and to reduce the build-up of water behind the seawall.
3. Update site survey.
4. Provide signed and sealed drawings for Building Department permit submittal.
5. Prepare bid documents and coordinate with the City for bid and contact award.
5. Prepare bid documents and coordinate with the City for bid and contact award.
6, Perform construction inspections to assure conformance with specifications and
drawings.
The project schedule for design and construction is 120 days,
If additional information is needed, please feel free to contact me.
Attachments:
RESOLUTION NO. 2005--
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 01-01030-061 FOR
PROFESSIONAL ENGINEERING SERVICES TO DESIGN
AND PREPARE CONSTRUCTION DRAWINGS FOR
IMPROVEMENTS TO THE EXISTING SEAWALL ALONG
YACHT CLUB DRIVE BY AND BETWEEN THE CITY OF
AVENTURA AND CRAVEN THOMPSON & ASSOCIATES
FOR THE AMOUNT OF $22,000.00; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Work Authorization No. 01-0103-061 from Craven Thompson & Associates to design
and prepare construction drawings for improvements to the existing seawall along
Yacht Club Drive in the amount of $22,000.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 3.
adoption.
This Resolution shall become effective immediately upon its
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 lev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbáez-Weinberg
Mayor Susan Gottlieb
Resolution No. 2005--
Page 2
PASSED AND ADOPTED this 11 th day of October, 2005
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
q,~
CITY ATTORNEY
WORK AUTHORIZATION NO. 01-0103-061
The City of Aventura has requested Work Authorization No. 01-0103-061 as provided for in the
Agreement between the City of A ventura and Craven Thompson and Associates, Inc. and
approved by the City Commission on July 3, 2001.
This Work Authorization No 01-0103-061 provides for technical services in accordance with
Articles 3, 4, 6, 7 and 8 of the Agreement as further detailed in the scope of services in Exhibit A.
Payment for such services shall be in accordance with Article 5 of the Agreement.
DesÏ!m Phase
Update Site Survey......,.,..",......".,...............,......"......,.......................................$2,000.00
Prepare Design Drawings and Specifications ........,...,....,............,..,...,....,....,.......$7,500.00
Project Management.....,.....".,.."......,.....,.,.."......,.......................,..........,............$1.000,00
Total Design Phase ............................................................................................10,50000
Biddinl! Phase
Prepare Bid Documents",.".................".....,.................,......................................$1,500,00
Attend Pre-bid Meeting/Address RFI's.........."""".......,.,........................,............. $500.00
Total Design Phase ............................................................................................ 2,000.00
Construction Phase
Site VisitslFinal Inspection........".....,........,...........,...,....................................,.,..$6,500,00
Total Construction Phase..................................................................................S6,500.00
Reimbursable Emenses
Printing, Graphics, Communications, Courriers, Etc......................,.......,............... $500,00
Soil Borings. ..,....................,..............................."......,.....................,.................$2.50000
Total Reimbursable Expenses...........................................................................S3,OOO.OO
Total Estimated Labor Expenses are..,................,.................,...........,..,.............$19,000,00
Total Estimated Reimbursable Expenses are...,.,..".........,...,.............,....,....,...,....$3,000.00
The time period for this Work Authorization will be:
"""""""""""""""""""""""""""""""""""""""""".........
Design Phase..,...,."......,..................................,....,...60 Days
Construction Services Phase (estìmate).................,...60 Days
ATTEST
BY
CITY:
City Clerk
Teresa M. Soroka MMC
APPROVED AS TO FORM
BY
City Attomev
CITY OF A VENTURA, FLORIDA
through its City Manager
BY
City Manager
Eric M. Soroka. ICMA-CM
- day of
,2005
Notice to Proceed- Yes_No
Project Initiation Date
RECOMNœNDEDthroogh~
Director of Community Services
BY
Director of Community Services
Robert M. Shennan. CPRP
- day of
.2005
EXHmIT"A"
Consultant shall prepare construction drawings and specifications for drainage and grading
improvements along the existing bulkhead along Yacht Club Drive as recommended on our
preliminary report to the City, dated May 2004, The plans will also include minor improvements
to the existing seawall to improve drainage and to reduce the build-up of water behind the
seawall. The project area will extend ftom the existing the existing brick paver patio area,
approximately 150 feet west along Yacht Club Drive. Consultant wilJ more specifically perform
the folJowing:
.
Update site survey as required.
Prepare construction plans and specifications for drainage and grading improvements,
Provide signed and sealed drawings for Building Department permit submittal.
Assist City in securing bids and awarding a contract for the corrective work.
Construction services include shop drawing review & approvals, RFI- Responses, periodic
site visits during construction and final inspection,
.
CITY OF A VENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
DATE:
City Commission ~
Eric M, Soroka, Cit~age
Robert M. Sherman,- Di cto of Community service~
October 5, 2005
TO:
FROM:
BY:
SUBJECT:
Resolution Authorizing the City Manager to Execute Work
Authorization No. 01-0103-057 from Craven Thompson &
Associates, Inc. to design and prepare construction
drawings to expand the Founders Park parking lot for the
amount of $44,050.00
October 11th, 2005 City Commission Meeting Agenda Item
~-¡J
Recommendation
This project is contained in the Capital Improvements Program for this fiscal year. It is
recommended that the City Commission adopt the attached resolution authorizing the
City Manager to execute the attached work authorization No. 01-0103-057 from Craven
Thompson & Associates, Inc. to design and prepare construction drawings to expand
the Founders Park parking lot for the amount of $44,050.00,
Backaround
The work authorization scope of services includes the following:
1. Design and prepare construction drawings to expand the parking lot, adding an
additional 48 parking spaces, for a total of 88 spaces at Founders Park,
2. Prepare construction drawings, including details and specifications to fill the
existing drainage retention area along the western limits of the park site in
preparation for a future water/splash playground.
3. Prepare landscape and irrigation plans for the expanded parking area.
4. Prepare and coordinate the permitting and site plan approval process with
DERM,
5, Prepare bid documents and coordinate with the City for bid and contact award.
6. Perform construction inspections to assure conformance with specifications and
drawings.
7. The time period is as follows:
Design: 90 days
Permitting: 60 days
Construction: 120 days
If additional information is needed, please feel free to contact me.
Attachments:
RESOLUTION NO. 2005--
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 01-01030-057 FOR
PROFESSIONAL ENGINEERING SERVICES TO DESIGN
AND PREPARE CONSTRUCTION DRAWINGS TO
EXPAND THE FOUNDERS PARK PARKING LOT BY AND
BETWEEN THE CITY OF AVENTURA AND CRAVEN
THOMPSON & ASSOCIATES FOR THE AMOUNT OF
$44,050.00; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Work Authorization No. 01-0103-057 from Craven Thompson & Associates to design
and prepare construction drawings to expand the Founders Park parking lot in the
amount of $44,050.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 3.
adoption.
This Resolution shall become effective immediately upon its
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 Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stem
Commissioner Luz Urbaez-Weinberg
Mayor Susan Gottlieb
Resolution No. 2005--
Page 2
PASSED AND ADOPTED this 11111 day of October, 2005
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
Vr~
CITY ATTORNEY
WORK AUTHORIZATION NO. 01-0103-057
The City of Aventura has requested Work Authorization No. 01-0103-057 as provided for in the
Agreement between the City of Aventura and Craven Thompson and Associates, Inc. and
approved by the City Commission on July 3, 200 I.
This Work Authorization No. 01-0103-057 provides for technical services in accordance with
Articles 3, 4, 6, 7 and 8 of the Agreement as further detailed in the scope of services in Exhibit A.
Payment for such services shall be in accordance with Article 5 of the Agreement.
Design Phase
Site Plan.......,..........................................."""""""""""""""""""",'","""'......,$3,500,00
Civil Drawings ,..,.",..,."..,.......................................,.""..,.,.",....,...,....................$8,900.00
Landscape Architecture Drawings .................,...............,..""."..".,.".,.,.............$10,100.00
Site Lighting & Electrical Drawings """""""""""",,"""""""""""""""""""""$4,600.00
Permitting ...........................................,...,...,..,....................................................$2,500,00
Project Management.....................................,......,...,.,...,.........................,.........,.$1.000.00
Total Design Phase ..........................................................................................$30,600.00
Biddin¡,¡ Phase
Prepare Bid Documents/fechnical Specifications .............,................................,.. $2,000,00
Total Bidding Phase........................................................................................... $2 ,000.00
Construction Phase
Attend Preconstroction Conference .,.....,....,..................................................,..,......$500.00
Civil Site Visits .....,.."..,...........,......,..,.,..........,.................................................... $4,650.00
Landscape Architecture .",.,.,."..,....,.,.........................................,....,.......,............ $2,000.00
Site Lighting & Electrical...".,.."..".,..,."..............,............................................... $1,300.00
Project Closeout Documentation ..............,............................,.....,.,..""..,.,.....,..... $1.000,00
Total Construction Phase................................................................................... $9,450.00
Reimbursable Expenses
Printing, Graphics, Communications i """""""""""""""""","""""""....'",."...",.$500.00
Couriers, Express Mail, Etc. i.........,.......,....".....,................................................,." $500.00
Geotechnical"",........................,.........,................,.,..,...,..,......,..................,.,.,.,." $1.000.00
Total Reimbursable Expenses............................................................................ $2,000.00
Total Estimated Labor Expenses are."""..""""".,.."...................,.,.............,...... $42,050.00
Total Estimated Reimbursable Expenses are.........,.,..................................,.......... $2,000.00
The time period for this work authorization will be:
Design Phase,."."""""....,..................................,..".90 Days
Permitting Phase ..........,.....,.....................................60 Days
Construction Services Phase (estimate).....,............. 120 Days
ATTEST
CITY:
CITY OF A VENTURA, FLORIDA
through its City Manager
BY
BY
City Clerk
City Manager
Teresa M. Soroka. MMC
Eric M, Soroka. ICMA-CM
- day of
.2005
APPROVED AS TO FORM
BY
Notice to Proceed- Yes_No
City Attorney
Project Initiation Date
RECOMMENDED through its
Director of Community Services
BY
Director of Community Services
Robert M, Sherman. CPRP
_day of
.2005
EXHIBIT "A"
Consultant shall prepare construction drawings and specifications for the expansion of the
parking area to the east at Founders Park within the City of Aventura. Consu1tant win more
specifically perform the following:
. Prepare construction drawings, including details and specifications, fur the expanded
parking area, including grading, drainage, paving, striping and site lighting.
. Prepare construction drawings, including details and specifications to fill the existing
drainage retention area along the western limits of the park site in preparation for a future
water/splash playground area.
. prepare landscape and irrigation plans for the expanded parking area (by O'Leary Richards
Design Associates, Inc.).
. Coordinate with City on site plan approval process.
. Prepare and submit permit applications to the City and DERM for approval.
. Prepare bid documents and coordinate with City on bid and contract award.
. Miscellaneous coordination with City and/or other affected parties.
. Construction inspection to assure conformance with specifications and drawings,
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
City Commission
FROM:
Eric M. Soroka,
City Manager
BY:
DATE:
September 20, 2005
SUBJECT:
Proposed Amendment to Section 31-21, "Definitions" of the City's Land
Development Regulations to include a definition of gross leasable area;
Proposed Amendment to Section 31-144(c), "Community Business (B2)
District" of the City's Land Development Regulations to amend open space
requirements for large shopping centers; and Proposed Amendment to
Section 31-171, "Off Street Parking and Loading Standards" to amend the
generalized parking values for large shopping centers (02-LDR-05)
October 11, 2005 Local Planning Agency Agenda Item ~
1st Reading October 11, 2005 City Commission Meeting Agenda Item g',A-
2nd Reading November 1, 2005 City Commission Meeting Agenda Item-
RECOMMENDATION
It is recommended that the City Commission take the following actions:
1. Approve the request for amendment to Section 31-21, "Definitions" of the City's
Land Development Regulations to include a definition of "gross leasable area";
and,
2, Approve the request for amendment to Section 31-144, "Community Business (B2)
District" to require a minimum of 15% landscaped open space for shopping centers
with more than 1,000,000 square feet of gross leasable area; and,
3. Approve the request for amendment to Section 31-171, "Off Street Parking and
Loading Standards" to revise generalized parking values for large shopping
centers,
THE REQUEST
The applicant, Turnberry Associates is requesting three amendments to the City's Land
Development Regulations, The first amendment is to add a definition of "gross leasable
area" to the definitions in Section 31-21 of the Code. The second amendment is to amend
Section 31-144(c)(5)a. to require a minimum of 15% of the total lot area as landscaped
open space for shopping centers with more than 1,000,000 square feet of gross leasable
area, The third amendment is a change the generalized parking values contained in
Section 31-171(12) of the Code to permit a standard of 1 parking space for each 250
square feet of gross leasable area for shopping centers with more than 1,000,000 square
feet of gross leasable area. (See Exhibit #1 for Letter of Intent)
BACKGROUNDIDESCRIPTION OF AMENDMENTS
Staff has been in discussion with the applicant over the past several months regarding the
proposed mall expansion to accommodate a new anchor store, The applicant has J
identified two concerns with the existing code requirements as they relate to the proposed
expansion, Those concerns are the open space requirement and the parking standards.
I. Open Space Requirement
The applicant's first concern is the landscaped open space required in the B2 zoning
district. Based on the percentage of existing parking spaces located in parking structures,
Section 31-144(c)5a. of the Code requires a minimum of 36% landscaped open space on
the mall site, The applicant has provided plans showing that the current landscaped open
space in the mall property is 15% of the site. This was the open space requirement under
the County Code in effect when the Mall was constructed. The proposed expansion
triggers the City Code requirement of 36% landscaped open space,
When the City's zoning code was first enacted in July of 1999, there was no minimum
landscaped open space set out in the site development criteria of the B2 zoning district.
Landscaped open space was determined by setbacks, buffer areas, parking lot islands
and medians required by the landscaping section of our code, There has been one retail
plaza constructed under that Code requirement. The Aventura Town Plaza, a two story
plaza containing 68,000 square feet of retail and office spaces and a bank with drive
through, has 26% landscaped open space on its site based on those code criteria, Two
large shopping centers in the City, namely, the Promenade Shops with 315,000 square
feet of floor area and Aventura Commons with 267,000 square feet of floor area, both built
under the former County Code, have 13% and 15% landscaped open space respectively.
In October of 2001, the commercial zones in the City Code were changed to encourage
structured parking which would then provide opportunity for more green space, The
maximum height in the B2 zone was changed from 20 stories or 200 feet to 20 stories or
341 feet to accommodate parking levels underneath the building. As the building height
increases, a greater percentage of open space is required. For example, a building with 0
2
to 33% of parking in a structure, 33 to 35% open space is required. A building with 33 to
66% requires 36 to 37% open space and a building with 66 to 100% of parking in a
structure requires 39 to 40% open space, While this open space requirement is
appropriate for tall, thin office buildings, it does not work well for large, low rise shopping
centers.
As the City Commission is aware, one of the recommendations of the 2005 Evaluation
and Appraisal Report of the City's Comprehensive Plan is that existing intensities,
including building heights, be examined. If reduced building heights are being examined
in this zone and the same logic is used, that is, more open space is required as height
increases, less open space would result as height decreases.
For comparison purposes, staff has researched landscaped open space requirements for
other regional malls in the County. The following table shows the results of that research.
Village of Bal Harbour
(Bal Harbour Shops)
12% to 18% depending on
acrea e
No minimum open space
requirement, open space is
dictated b setbacks
No minimum open space
requirement, open space is
dictated b setbacks
In staff's opinion, for regional shopping centers, 15% landscaped open space would
suffice for aesthetic purposes since large open areas are not needed for public use in this
type of commercial environment. What is needed for public comfort in a regional mall are
public plazas with seating areas to meet others or rest, shaded areas, water features,
landscaped corridors for pedestrians in enclosed areas that can also function as
recreational walking areas outside of mall tenant operating hours and other public
amenities such as art displays.
The proposed amendment is to allow shopping centers with more than 1,000,000 square
feet of gross leasable area that provide public amenities including, but not limited to, public
plazas, fountains or other water features, seating areas and recreational walking areas
and that do not exceed 5 stories in height to provide 15% landscaped open space. This
15% landscaped open space is to be extensively landscaped with grass, trees and
shrubbery in accordance with a landscaped plan to be approved by the City. Non-leasable
enclosed or non-enclosed areas which are landscaped, have water features or have
permanent art displays may be counted as part of the required landscaped open space
provided these areas do not exceed 10% of the required open space,
3
II. Parking Standards
The applicant's second Concern is the parking required for large shopping centers,
Section 31-171 of the City Code sets out the parking required for individual uses, but also
provides that shopping centers with more than 40,000 square feet of gross floor area may
use generalized parking values, Centers with 40,000 to less than 200,000 square feet of
gross leasable area may provide one parking space for each 225 square feet of gross
floor area. Centers with 200,000 or more square feet or more of gross leasable area may
provide one parking space for each 200 square feet of gross floor area.
The Code further provides that any expansion of existing floor area requires an additional
number of parking spaces based on the area of the expansion. As currently enacted, at
one space for each 200 square feet for an expansion with 254,000 square feet of gross
floor area, the Code requires 1,270 new parking spaces. The applicant has requested
that the Code be revised to require one space for each 250 square feet for 216,300
square feet of gross leasable area, or 865 spaces for the proposed expansion.
Staff has researched parking requirements for other regional malls in the County. The
following table shows the results of that research,
" par~ilJg.','.:Stanp'!r:d"f,fg,. Required,' NlJrnber"Qf
~þ:~;ge sr;1~~~~~;jA~n~t~)f1'¡;.; "~~~;~~:n's~~~~~g~f~
1 space per 200 square feet
of gross floor area for
centers with 200,000 square
feet or more of gross
leasable area
1 space per 350 square feet
of gross floor area plus
theatres at 1 space per 100
square feet and restaurants
at 1 space per 50 square
feet of atron area
1 space per 200 square feet
of gross floor area for the
floor with the greatest floor
area and 1 space per 500
square feet of remaining
floor area
4 spaces per 1,000 square
feet of leasable floor area or
90% of gross floor area,
whichever is reatest
Miami-Dade County
(Dadeland Mall, the
Falls, Dolphin Mall)
City of Hialeah
(Westland Mall)
Village of Bal Harbour
(Bal Harbour Shops)
4
1,270 spaces
(based on 254,000 square feet
of gross floor area of
expansion area)
725 spaces
(based on 254,000 square feet
of gross floor area, no theatre
or restaurant in expansion
area)
889 spaces
(based on 254,000/2/200 and
254,000/2/500)
865 spaces
(based on 216,300 square feet
of expansion area)
The applicant's basis for its request to reduce the number of parking spaces is that
increased square footage in a center increases the opportunity for shared parking, that is,
one vehicle occupying one parking space may make stops at several different stores, at
restaurants or at the theatre and thus reduce the number of vehicles to the site and
therefore decrease the number of parking spaces needed, The applicant is further
requesting that the number of spaces be based on the gross leasable square footage
rather than the gross floor area, since regional malls have corridors, walkways, service
and mechanical rooms that do not generate a parking need. Staff agrees with this
reasoning.
The proposed amendments are to include a definition of gross leasable area in Section
31-21 of the Code and to amend the generalized parking values in Section 31-171(12) of
the Code to provide that shopping centers with more than 40,000 and less than 1,000,000
square feet of gross leasable area can opt to provide one parking space for each 225
square feet of gross leasable area and shopping centers with 1,000,000 or more square
feet of gross leasable area can opt to provide one parking space for each 250 square feet
of gross leasable area.
PROPOSED AMENDMENTS
The amendments proposed to the City's Land Development Regulations are as follows 1:
Section 31-21. Definitions.
*
Gross Leasable Area shall mean the total floor area within a retail or office propertv that is
available for lease to tenants, upon which tenants pay rent and that is desianed for the
tenant's occupancy and exclusiye use. Gross leasable area does not include public or
common areas. such as corridors, sidewalks, stairwells, elevators, mechanical and service
areas.
*
*
Section 31-144 (c) Community Business (B2) District
(c) Community Business (B2) District. This district is intended primarily to provide for
general commercial activity for a wide range of goods and services to the entire
community and sub region. Such businesses generally require locations convenient for
both vehicular and pedestrian traffic and would be expected to have orientation toward
and direct access to arterial roadways.
. .
(5)
Site development standards,
, Underlined provisions constitute proposed additions to existing City Code text; strisl<eR tRro~§R provisions
indicate proposed deletions from existing City Code text.
5
a, Floor area ratio and lot coverage and minimum landscaped open space
requirements: For purposes of this paragraph a., structure parking shall not count as part
of the floor area, but may be counted towards calculation of the floor area ratio,
1. For all buildings: Any structure parking serving the primary use on the site shall be
incorporated into the building envelope and shall be compatibly designed. Such parking
structure shall comply with all minimum setback and buffer yard requirements.
2. For those buildings not excepted in Section 31-144(c)(5)a,5 with zero--33 percent of
the required parking located within a parking structure: The floor area ratio shall be 0.40 at
one story and shall be increased by 0,11 for each additional story. The total lot coverage
permitted for all buildings on the site shall not exceed 40 percent of the total lot area. The
total minimum landscaped open space required shall be 33 percent of the total lot area.
However, if structure parking level(s) is/are counted towards calculation of the floor area
ratio then the total lot coverage permitted for all buildings on the site shall not exceed 38
percent of the total lot area. Additionally, the total minimum landscaped open space
required shall be 35 percent of the total lot area.
3, For those buildings not excepted in Section 31-144(c)(5)a,5 with 33 percent--66
percent of the required parking located within a parking structure: The floor area ratio shall
be 0.40 at one story and shall be increased by 0.11 for each additional story. The total lot
coverage permitted for all buildings on the site shall not exceed 40 percent of the total lot
area, The total minimum landscaped open space required shall be 36 percent of the total
lot area. However, if structure parking level(s) is/are counted towards calculation of the
floor area ratio then the total lot coverage permitted for all buildings on the site shall not
exceed 35 percent of the total lot area. Additionally, the total minimum landscaped open
space required shall be 37 percent of the total lot area.
4, For those buildings not excepted in Section 31-144(c)(5)a.5 with 66 percent--100
percent of the required parking located within a parking structure: The floor area ratio shall
be 0.40 at one story and shall be increased by 0,11 for each additional story. The total lot
coverage permitted for all buildings on the site shall not exceed 45 percent of the total lot
area, The total minimum landscaped open space required shall be 39 percent of the total
lot area, However, if structure parking level(s) is/are counted towards calculation of the
floor area ratio then the total lot coverage permitted for all buildings on the site shall not
exceed 35 percent of the total lot area. Additionally, the total minimum landscaped open
space required shall be 40 percent of the total lot area.
5, For shoppinq center buildinqs with over 1,000,000 square feet of qross leasable area
that provide public amenities includinq, but not limited to, public plazas, fountains or other
water features, seatinq areas and recreational walkinq areas and that do not exceed 5
stories in heiqh!. the minimum landscaped open space shall be fifteen (15%) percent of
the total lot area. Said open space shall be extensivelv landscaped with qrass, trees and
shrubberv in accordance with a landscape plan to be approved bv the City Manaqer, The
non-leasable areas within enclosed or non-enclosed malls which are landscaped with
qrass, trees and/or shrubberv, water areas therein, and areas therein with permanent art
display areas may be used as part of the required landscaped open space provided such
areas do not exceed ten (10) percent of the required landscaped open space.
6
Section 31-171. Off-Street Parking and Loading Standards.
*
*
(b) Amount of off-street parking. The minimum number of parking spaces to be provided
and maintained for each use or occupancy shall be as follows:
(12)
Non-residential: Large Shopping Centers and/or Mixed-Use Developments.
a. Shopping centers over 40,000 square feet in gross floor area may use the following
generalized parking values:
1, One parking space for each 225 square feet of gross fIeef leasable area in shopping
centers with leGG than 200,000 more than 40,000 and less than 1,000,000 square feet of
gross leasable area.
2. One parking space for each 2QG 250 square feet of gross fIeef leasable area in
shopping centers with ~ 1,000,000 square feet or more of gross leasable area,
ANALYSIS
Standards for reviewing proposed amendments to the text of the LOR:
1. The proposed amendments are legally required.
The proposed amendments are legally required to implement the requested
amendments, The amendments are requested by the applicant to include a definition
of "gross leasable area" in the City Code and to change the current code requirements
for landscaped open space and parking standards for shopping centers with more than
1,000,000 square feet of gross leasable area.
2. The proposed amendments are consistent with the goals and objectives of the
Comprehensive Plan,
The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan. Specifically, Objective 9 of the Future Land Use Element
provides that "".the City shall continue to maintain, update and enhance the municipal
code, administrative regulations and procedures to ensure that future land use is
consistent with the Plan and to promote better planned development and community
with well designed buildings." The goal of the Economic Development Element is to
promote and improve the economic vitality of the City, The proposed amendments
update the City Code to promote a better planned development and community and
improve the economic vitality of the City.
7
3. The proposed amendments are consistent with the authority and purpose of the LOR.
The proposed amendments are consistent with the authority and purpose of the land
Development Regulations, "The purpose of the LDRs is to implement further the
Comprehensive Plan of the City by establishing regulations, procedures and standards
for review and approval of all development and uses of land and water in the City,
Further, the LDRs are adopted in order to foster and preserve public health, safety and
welfare and to aid in the harmonious, orderly and progressive development and
redevelopment of the City,.," The proposed amendments are consistent with this
purpose. They will set out appropriate minimum standards for development and
redevelopment of large shopping centers.
4. The proposed amendments further the orderly development of the City.
The proposed amendments further the orderly development of the City,
5. The proposed amendments improve the administration or execution of the
development process.
The proposed amendments improve the administration or execution of the
development process in that they provide standards for development of large shopping
centers.
8
DIRECT LINE: 305-377-6220
E-MAil: jbercow@brzoninglaw.com
VIA FACSIMLE AND E-MAIL
September 23, 2005
Mr, Eric Soroka
City Manager
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
Exhibit #1
02-LDR-O5
Re:
Letter of Intent; Land Development Code Amendment re: Landscaped
Open Space and Parking Requirements
Dear Mr. Soroka:
This law firm represents Turnberry Associates, Inc, (the" Applicant"),
with regard to an application to amend the City of Aventura Land Development
Code for parking and landscaped open space requirements for large scale
shopping centers,
Introduction, The City's landscaped open space and parking
requirements are unduly restrictive for an existing regional mall, as compared to
other jurisdictions throughout Miami-Dade County. These restrictions would
put Aventura Mall, a super regional mall, at a competitive disadvantage with
respect to other area regional malls. The City's LDR's need to allow reasonable
and feasible improvements to the mall so that it can attract Nordstrom and other
high profile businesses into the City.
Landscaped Open Space Requirements, The current landscaped open
space requirement was introduced by a 2001 City ordinance imposing new
standards for structured parking, The purpose of these standards was to
encourage increased height and landscaped open space throughout the City,
Although this may have made sense for office developments, it is inappropriate
for lower scale retail development, especially regional malls such as the
Mr, Eric Soroka
September 21, 2005
Page 2
Aventura Mall. It is also important to note that prior to the 2001 ordinance, there
were no landscaped open space requirements for the business district.
Additionany, we have reviewed the landscaped open space requirements
for other jurisdictions throughout the County, and this analysis, attached as
Exhibit A, clearly shows how Aventura is out of line with the standard
requirements. While the landscaped open space requirements are typicany
between 10 - 18% of total square footage, the City of Aventura's requirement is
for 36% as applied to the mall. This puts Aventura's requirements at more than
double what they would be in other municipalities.
Parking Requirements. The parking requirements of the City are also
too restrictive as applied to Aventura Mall. A similar analysis of the
requirements of other municipalities with regional mans shows that the City's
requirements are unduly burdensome. The City requires 1 parking space for
each 200 square feet of gross floor area. By contrast, Miami-Dade County's
requirements which apply to Dadeland Man, the Fans and Dolphin Man,
provide for 1 space for each 350 square feet of gross floor area (with the
exception of theaters and restaurants) and the Bal Harbour Village Code, which
applies to Bal Harbour Shops, requires 4 spaces for every 1,000 square feet of
gross leasable floor area (or 1 space for every 250 square feet). Hence, the City
currently requires more parking than Bal Harbour and Miami-Dade County.
Additionally, Aventura's LDR's require 1 parking space for each 225
square feet of gross floor area in shopping centers with less than 200,000 square
feet of gross leasable area; yet require 1 parking space for each 200 square feet of
gross floor area in shopping centers with 200,000 square feet or more of gross
leasable area. In other words, the LDR's require proportionately more parking
for larger centers than small centers, This is unusual because typically codes
require less parking per square foot as the size of the center increases, based on
the theory that there is more opportunity for shared parking as size increases,
Proposed Amendments. The proposed ordinance attempts resolve these
concerns in the following manner:
. Providing a definition for "gross leasable area" in Section 31-21, defined as
"the total area within a retail or office property that is available for tenants
and upon which tenants actually pay rent;"
. Amending Section 31-171 so that shopping centers with over 1,000,000
square feet of gross leasable area will be required to provide 1 parking
Mr. Eric Soroka
September 21, 2005
Page 3
space for each 250 square feet of gross leasable area, Currently, these
shopping centers are in the same category as an shopping centers over
200,000 square feet of gross floor area and require 1 parking space for each
200 square feet; and
Amending Section 31-144, so that shopping centers with more than
1,000,000 square feet of gross leasable area, must follow a separate set of
landscaped open space requirements which consider several factors,
including total lot area, number of stories, and the amount of landscaped
areas inside the shopping centers.
For an the foregoing reasons, the applicant respectfully requests your
favorable review and recommendation of this application, Should you have any
questions, comments, or require additional information, please do not hesitate to
phone my direct line at (305) 377-6220.
Sincerely yours,
Jeffrey Bercow
cc:
Mr. Ken Bernstein
Mr. George Berlin
Jodi Siegel, Esq.
Ms. Joanne Carr
Ms. Teresa Soroka
David Wolpin, Esq,
Michael J. Marrero, Esq.
ORDINANCE NO. 2005--
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
SECTION 31-21 "DEFINITIONS" OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO INCLUDE A DEFINITION OF
"GROSS LEASABLE AREA"; AMENDING SECTION 31-144(C)
"COMMUNITY BUSINESS (B2) DISTRICT" OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO AMEND THE REGULATIONS
REGARDING MINIMUM LANDSCAPED OPEN SPACE FOR SHOPPING
CENTERS CONSISTING OF MORE THAN 1,000,000 SQUARE FEET
DUE TO THE UNIQUE CHARACTERISTICS OF THESE CENTERS;
AMENDING SECTION 31-171 "OFF-STREET PARKING AND LOADING
STANDARDS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS
TO AMEND THE REGULATIONS FOR PARKING REQUIREMENTS
FOR SHOPPING CENTERS CONSISTING OF MORE THAN 1,000,000
SQUARE FEET OF GROSS LEASABLE AREA DUE TO THE UNIQUE
AND SPECIAL DEMANDS OF THESE LARGER CENTERS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the applicant, Turnberry Associates. through and by Application No.
02-lDR-O5 has requested certain amendments to the City's land Development
Regulations for shopping centers of over 1,000,000 square feet due to their unique and
special demands apart from other smaller scale shopping centers, particularly with
regard to parking and landscaped open space requirements; and
WHEREAS, the City Commission has been designated as the local Planning
Agency for the City pursuant to Section 163.3174 of the Florida Statutes; and
WHEREAS, the local Planning Agency has reviewed the proposed amendments
pursuant to the required public hearing and has recommended approval to the City
Commission; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the action set forth in the
Ordinance and has determined that such action is consistent with the Comprehensive
Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA. FLORIDA, THAT:
Section 1. Recitals Adopted. That the above stated recitals are hereby
adopted and confirmed.
Ordinance No. 2005- -
Page 2
Section 2. Code Amended. That Section 31-21 "Definitions" of Article II
"Definitions and Rules of Construction", Section 31-144 "Business Zoning Districts" of
Article VII "Use Regulations" and Section 31-171 "Off-Street Parking and Loading
Standards" of Article VIII "Off-Street Parking, Loading and Driveway Standards" of
Chapter 31, "Land Development Regulations" of the City Code are hereby amended to
read, asfollows1:
Section 31-21. Definitions.
Gross Leasable Area shall mean the total floor area within a retail or office propertv that
is available for lease to tenants, upon which tenants pav rent and that is desianed for
the tenant's occupancv and exclusive use, Gross leasable area does not include public
or common areas, such as corridors, sidewalks, stairwells, elevators, mechanical and
service areas,
Section 31-144 Business Zoning Districts
* * *
(c) Community Business (B2) District. This district is intended primarily to provide for
general commercial activity for a wide range of goods and services to the entire
community and sub region. Such businesses generally require locations convenient for
both vehicular and pedestrian traffic and would be expected to have orientation toward
and direct access to arterial roadways.
* *
(5)
Site development standards.
a. Floor area ratio and lot coverage and minimum landscaped open space
requirements: For purposes of this paragraph a., structure parking shall not count as
part of the floor area, but may be counted towards calculation of the floor area ratio,
1, For all buildings: Any structure parking serving the primary use on the site shall be
incorporated into the building envelope and shall be compatibly designed. Such parking
structure shall comply with all minimum setback and buffer yard requirements.
2. For those buildings not excepted in Section 31-144(c)(5)a.5 with zero--33 percent
of the required parking located within a parking structure: The floor area ratio shall be
0.40 at one story and shall be increased by 0.11 for each additional story. The total lot
coverage permitted for all buildings on the site shall not exceed 40 percent of the total
lot area, The total minimum landscaped open space required shall be 33 percent of the
total lot area. However, if structure parking level(s) is/are counted towards calculation of
the floor area ratio then the total lot coverage permitted for all buildings on the site shall
not exceed 38 percent of the total lot area, Additionally, the total minimum landscaped
1 Underlined provisions constitute proposed additions to existing City Code text; striskeR thrG~Qh
provisions indicate proposed deletions from existing City Code text.
Ordinance No. 2005- -
Page 3
open space required shall be 35 percent of the total lot area.
3. For those buildings not excepted in Section 31-144(c)(5)a.5 with 33 percent--66
percent of the required parking located within a parking structure: The floor area ratio
shall be 0040 at one story and shall be increased by 0.11 for each additional story, The
total lot coverage permitted for all buildings on the site shall not exceed 40 percent of
the total lot area. The total minimum landscaped open space required shall be 36
percent of the total lot area. However, if structure parking level(s) is/are counted
towards calculation of the floor area ratio then the total lot coverage permitted for all
buildings on the site shall not exceed 35 percent of the total lot area. Additionally, the
total minimum landscaped open space required shall be 37 percent of the total lot area.
4. For those buildings not excepted in Section 31-144(c)(5)a.5 with 66 percent--100
percent of the required parking located within a parking structure: The floor area ratio
shall be 0040 at one story and shall be increased by 0,11 for each additional story. The
total lot coverage permitted for all buildings on the site shall not exceed 45 percent of
the total lot area. The total minimum landscaped open space required shall be 39
percent of the total lot area. However, if structure parking level(s) is/are counted
towards calculation of the floor area ratio then the total lot coverage permitted for all
buildings on the site shall not exceed 35 percent of the total lot area. Additionally, the
total minimum landscaped open space required shall be 40 percent of the total lot area,
5, For shoppinQ center buildinQs with over 1,000,000 square feet of Qross leasable
area that provide public amenities inciudinQ, but not limited to, public plazas, fountains
or other water features, seatinQ areas and recreational walkinQ areas and that do not
exceed 5 stories in heiQht. the minimum landscaped open space shall be fifteen (15%)
percent of the total lot area. Said open space shall be extensively landscaped with
Qrass, trees and shrubbery in accordance with a landscape plan to be approved bv the
City ManaQer. The non-leasable areas within enclosed or non-enclosed malls which are
landscaped with Qrass, trees and/or shrubbery, water areas therein. and areas therein
with permanent art display areas may be used as part of the required landscaped open
space provided such areas do not exceed ten (10) percent of the required landscaped
open space.
Section 31-171. Off-Street Parking and Loading Standards.
. . .
(b) Amount of off-street parking. The minimum number of parking spaces to be
provided and maintained for each use or occupancy shall be as follows:
. . .
(12)
Non-residential: Large Shopping Centers and/or Mixed-Use Developments.
a. Shopping centers over 40,000 square feet in gross floor area may use the
following generalized parking values:
Ordinance No. 2005- -
Page 4
1. One parking space for each 225 square feet of gross flee¡: leasable area in
shopping centers with less than 290,009 more than 40,000 and less than 1.000,000
square feet of gross leasable area,
2. One parking space for each :wG 250 square feet of gross flee¡: leasable area in
shopping centers with 2OO,GOO 1,000,000 square feet or more of gross leasable area.
Section 3. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence. clause or phrase of this Ordinance shall for any
reason be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining sections, sentences, clauses, and phrases of this Ordinance, but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of the City Commission,
and it is hereby ordained that the provisions of this Ordinance shall become and be
made a part of the Code of the City of Aventura; that the sections of this Ordinance
may be renumbered or re-Iettered to accomplish such intentions, and that the word
"Ordinance" shall be changed to "Section" or other appropriate word.
Section 5. Effective Date. This ordinance shall be effective immediately upon
adoption on second reading.
Ordinance No. 2005- -
Page 5
The foregoing Ordinance was offered by
, who moved its
adoption at first reading, This motion was seconded by
and upon
being put to a vote was as follows:
Commissioner lev Auerbach
Commissioner Bob Diamond
Commissioner Billy Joel
Commissioner Harry Holzberg
Commissioner Michael Stern
Commissioner Luz Urbàez Weinberg
Mayor Susan Gottlieb
The foregoing Ordinance was offered by
, who moved its
adoption at second reading. This motion was seconded by
and
upon being put to a vote was as follows:
Commissioner lev Auerbach
Commissioner Bob Diamond
Commissioner Billy Joel
Commissioner Harry Holzberg
Commissioner Michael Stern
Commissioner Luz Urbàez Weinberg
Mayor Susan Gottlieb
PASSED on first reading this 11th day of October, 2005.
Ordinance No. 2005-
Page 6 -
PASSED AND ADOPTED on second reading this 1st day of November, 2005.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
f~
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this - day of
,2005.
TO:
FROM:
BY:
DATE:
SUBJECT:
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
Eric M.
CityM
September 20, 2005
Applications for Amendments to the Official Zoning Map of the City of
Aventura by (1) amending the zoning designation for a .51 acre parcel on
NE 34 Avenue and North Country Club Drive from CF, Community Facility
District to RS2, Residential Single Family District (01-REZ-05) and (2)
amending the zoning designation for two submerged parcels lying south
of NE 207 Street and east of NE 34 Avenue measuring 5,39 acres more
or less from RMF4, Multifamily High Density Residential District to CNS,
Conservation District (02-REZ-05)
October 11, 2005 Local Planning Agency Agenda Item ..1..=:..iJ
October 11, 2005 City Commission Meeting Agenda Item:l...=ß
November 1, 2005 City Commission Meeting Agenda Item -
RECOMMENDATION
It is recommended that the City Commission take the following actions:
1. Approve the application for amendment to the Official Zoning Map of the City of
Aventura by amending the zoning designation for a .51 acre parcel of land at
northeast corner of North Country Club Drive and NE 34 Avenue from CF,
Community Facilities District, to RS2, Residential Single Family District, and;
2. Approve the application for amendment to the Official Zoning Map for the City of
Aventura by amending the zoning designation for two submerged parcels of land
lying south of NE 207 Street and east of NE 34 Avenue measuring 5.39 acres
more or less from RMF4, Multifamily High Density Residential District to CNS,
Conservation District, to be effective upon the owner obtaining all governmental
approvals necessary to construct five boat slips and associated docks to be
used as accessory uses to the five single family homes proposed on the 0.51
parcel owned by Aventura-Ensenada Inc.
THE REQUEST
As part of a settlement agreement with the owners, the City is acting as applicant on
behalf of the owners, Aventura-Ensenada Inc. and Aventura Land and Development
Corporation to request two amendments to the Official Zoning Map of the City of
Aventura.
The first amendment is a change to the zoning designation for a .51 acre parcel of land
at the northeast corner of NE 34 Avenue and North Country Club Drive from CF,
Community Facilities District to RS2, Single Family Residential District. The second
amendment is a change to the zoning designation for two submerged parcels of land
lying south of NE 207 Street and east of NE 34 Avenue together measuring 5.39 acres
more or less from RMF4, Multifamily High Density Residential District to CNS,
Conservation District. (See Exhibit #1 for Letters of Intent)
BACKGROUND
OWNER OF PROPERTY:
Aventura-Ensenada Inc. (Parcel 1 in
the legal description attached as Exhibit #4)
Aventura Land and Development Corporation
(Parcel 2 in the legal description attached
as Exhibit #4)
NAME OF APPLICANT:
City of Aventura
LOCATION OF PROPERTY:
Parcel 1: NE 34 Avenue at North Country
Club Drive
Parcel 2: Submerged Land lying south of
NE 207 Street and east of NE 34 Avenue
(See Exhibit #2 for Location Map and
Exhibit #3 for Aerial Survey Plan)
LEGAL DESCRIPTION:
Parcel 1: Part of Tract F, First Addition
Biscayne Yacht and Country Club, Plat Book
89, Page 100, City of Aventura, as recorded in
the public records of Miami-Dade County,
Florida
Parcel 2: Private Canal on the Plat of
Aventura First Addition, Plat Book 99, Page 11
and Part of the Private Canal on the Plat of
First Addition to Biscayne Yacht and Country
Club, Plat Book 89, Page 100, City of
2
Aventura, as recorded in the Public Records of
Miami-Dade County, Florida
(See Exhibit #4 for complete legal description)
SIZE OF PROPERTY:
Parcel 1: Approximately .51 acres
Parcel 2: Approximately 5,39 acres
DESCRIPTION ¡BACKGROUND
I. Parcel 1
Parcel 1 to this application is a ,51 acre upland parcel at the northeast corner of NE 34
Avenue and North Country Club Drive. It has been used as a private park for many
years. The site is a grassed area with trees, a bench, a flag pole, pet waste facilities
and two "George Berlin Park" signs,
Upon enactment of the City's land Development Regulations in July of 1999, this
parcel of land was zoned CF, Community Facilities District, to recognize its past and
current use as a private park. The future land use designation of the parcel is Medium-
High Density Residential.
The land owner had applied to the City Commission for rezoning of this parcel in May of
2004 from CF, Community Facilities District, to RMF4, Multifamily High Density
Residential District. That request was denied by the City Commission because it did
not meet the standards for review of amendments to the Official Zoning Map as set out
in Section 31-77(f) of the City Code, In the staff report prepared for City Commission's
consideration in May of 2004, City staff stated that it would support a reduced intensity
of residential development on this site and suggested an RS2 zoning category which
would allow the following uses:
. One-family detached dwelling
. Publicly owned recreation buildings and facilities, playgrounds, playfields and
parks
. Uses accessory to any of the above uses when located on the same plot
. Zero lot line dwelling units
The rezoning request is to change the zoning designation of this parcel from CF,
Community Facilities District, to RS2, Residential Single Family District. The owner is
proposing five single family, zero lot line dwellings, The City's Traffic Consultant had
advised as part of the 2004 report that traffic associated with five single family dwellings
would not be expected to have an adverse impact on traffic patterns or congestion.
II. Parcel 2
Parcel 2 to this application is comprised of two parcels of submerged land lying south of
NE 207 Street, east of NE 34 Avenue and north of the Ensenada and EI Dorado
3
condominium developments. The two parcels measure approximately 5.39 acres.
The current zoning of these parcels according to the City's Land Development
Regulations is RMF4, Multifamily High Density Residential District. The future land use
designation of these parcels is "water",
The land owner had applied to the City for administrative site plan approval for
development of the most easterly parcel in December of 2004. The site plan proposed
a 12 story, 148 unit residential condominium building on pilings in the canal. City staff
had requested that the applicant address two threshold issues prior to continuing site
plan review discussions, Addressing those issues was necessary for an amendment to
the City's Comprehensive Plan Future Land Use Map and a plat restriction on use of
the canal. The applicant appealed this administrative decision by staff. The appeal
was filed on January 21, 2005, heard at the June 7, 2005 meeting of the City
Commission, deferred at the request of the applicant at the June 7 meeting to the first
meeting in September, 2005 and further deferred at the request of the applicant for an
additional period of not less than 90 days from August 18, 2005.
The rezoning request is to change the zoning designation of the two canal parcels from
RMF4, Multifamily High Density Residential District, to CNS, Conservation District. The
proposed CNS, Conservation District, zoning designation would allow the following
uses:
. Passive outdoor recreational uses such as wildlife sanctuaries and feeding
stations, nature centers and trails, outdoor research stations and walkways
. Fishing, boating and camping facilities
. Structures used for flood control, drainage and water storage
. Wetlands
. Uses which do not impair the natural environment or disturb the natural
ecosystem of the area and which are not in conflict with applicable water
management and wildlife protection policies of local, state and federal agencies
. Waterways
The owner proposes to construct five boat slips and associated docks which will be for
accessory use only to the five single family homes proposed on Parcel 1 of this report.
These boat slips and docks will require approval of a Class I permit from Miami-Dade
County Department of Environmental along with the approval of the City and other
governmental agencies. As part of the Settlement Agreement, staff recommends that
the rezoning ordinance provide that the rezoning of the canal parcels shall not be
effective unless and until the owner receives the required governmental approvals for
the five boat slips and docks.
These two rezoning applications have been filed by the City as applicant pursuant to a
Settlement Agreement between the owners and the City; however, each application
remains subject to the same standards for review of amendments to the Official Zoning
Map which the City Commission would apply to any rezoning application, Those
4
standards of review are contained in Section 31-77(f) of the City Code and are analyzed
in the following sections of this report.
ANALYSIS
I. Parcel 1
The owner has submitted a conceptual site plan showing the proposed lot layout and
color renderings of the proposed dwelling units. Five single family dwellings are
proposed with access from NE 34 Avenue. The plan and renderings are attached as
Exhibit #5.
Future Land Use Designation
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Zoning
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Existing Land Use
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Medium High Density Residential
Water
Parks and Recreation
Medium High Density Residential
Medium High Density Residential
CF, Community Facilities District
RMF4, Multi-Family High Density Residential District
ROS, Recreation Open Space
RMF4, Multi-Family High Density Residential District
RMF4, Multi-Family High Density Residential District
private park
marina
golf course
residential condominium
residential condominium
Access - The parcel has approximately 156 feet of frontage on North Country Club
Drive and approximately 146 feet of frontage on NE 34 Avenue.
Conformity to City Comprehensive Plan - The proposed amendment is consistent
with the existing future land use designation of Medium High Density Residential
Standards for reviewing proposed amendments to the Official Zoning Map found
in Section 31-77 of the Land Development Regulations:
1, Whether or not the proposed amendment is consistent with goals, objectives and
policies of the City's Comprehensive Plan.
5
The proposed amendment is consistent with the goals, objectives and policies of the
City's Comprehensive Plan. The parcel is designated as Medium-High Density
Residential land use on the Future Land Use Map. The RS2 zoning designation
may be placed on land designated residential on the City's Future Land Use Map,
2. Whether or not the proposed zoning district is compatible with the surrounding
area's zoning designation(s) and existing uses,
The proposed RS2 residential zone is compatible with surrounding residential
zoning designations and existing residential uses.
3. Whether or not the subject property is physically suitable for the uses permitted in
the proposed district.
The subject property is physically suitable for the uses permitted in the proposed
district. A conceptual site plan and rendering of the proposed development has
been submitted to show lot configuration and access.
4, Whether or not there are sites available in other areas currently zoned for such use,
There are sites available in other areas currently zoned for RS2 uses.
5. If applicable, whether or not the proposed change will contribute to redevelopment
of an area in accordance with an approved redevelopment plan.
This standard is not applicable to this proposed amendment.
6, Whether or not the proposed change would adversely affect traffic patterns or
congestion.
Attached as Exhibit #6 is a letter from the City's Traffic Consultant, Tinter Associates
Inc., Transportation Engineers, dated September 15, 2005 confirming that, in its
opinion, traffic associated with five single family dwellings is not anticipated to
detrimentally affect traffic patterns or congestion at nearby intersections,
7, Whether or not the proposed change would adversely impact population density
such that the demand for water, sewers, streets, recreational areas and facilities,
and other public facilities and services would be adversely affected,
Address Lot Increase in Population Overall Increase
Size Densitv Factor in Population
NE 34 Avenue at 0.51 ac 5 single family 1.80 9
North Country dwelling units
Club Drive
6
Using the population factor from the 2000 census at 1.80 persons per unit, the
proposal increases population by 9 persons, This proposed change would not
adversely affect population density such that the demand for water, sewers and
other public facilities and services would be adversely affected.
8. Whether or not the proposed change would have an adverse environmental impact
on the vicinity.
The proposed change will not have an adverse environmental impact on the vicinity.
9, Whether or not the proposed change would adversely affect the health, safety, and
welfare of the neighborhood or the City as a whole.
The proposed change will not adversely affect the health, safety, and welfare of the
neighborhood or the City as a whole.
School Impacts - The application has been submitted for comment to the Miami Dade
County School Board in accordance with the Interlocal Agreement entered into between
the City and the Board in February of 2003. The Interlocal Agreement provides that if
the application will generate new students, the School Board must first advise what
options it has identified to meet the anticipated demand and, then, if the affected
schools are at more than 115% capacity, the School Board will ask the owner and the
City to meet with it in a collaboration meeting to discuss additional options to relieve
overcrowding.
The School Board has advised by electronic mail message that it has determined that
this application does not meet the review threshold as it will not generate additional
school children.
I. Parcel 2
The applicant has submitted the proposed development concept for the easterly portion
of the submerged lands, as shown on the conceptual site plan attached as Exhibit #5.
Up to five boat slips are proposed as accessory use to the five single family dwellings,
These slips will be accessed by foot or golf cart type vehicle from the residences. No
parking area is provided or required for accessory uses. A covenant will be recorded to
prohibit sale of any of the slips to anyone other than the upland home owners,
Future land Use Designation
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Water
Medium Density Residential and
Business and Office
Medium-High Density Residential
Water
Water
7
Zoning
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Existing land Use
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
RMF4, Multifamily High Density Residential District
B2, Community Business District and
RMF3,Multifamily Medium Density Residential District
RMF4, Multifamily High Density Residential District
CNS, Conservation District
RMF4, Multi-Family High Density Residential District
private canal
retail plaza and residential
residential condominiums
private canal
marina
Access - The parcels are approximately 1565 feet long and approximately 150 feet
wide and consist of submerged land.
Conformity to City Comprehensive Plan - The proposed amendment is consistent
with the existing future land use designation of Water.
Standards for reviewing proposed amendments to the Official Zoning Map found
in Section 31-77 of the land Development Regulations:
1. Whether or not the proposed amendment is consistent with goals, objectives and
policies of the City's Comprehensive Plan.
The proposed amendment is consistent with the goals, objectives and policies of the
City's Comprehensive Plan. The parcel is designated as water on the Future land
Use Map. The CNS zoning designation may be applied to all land designated on the
City's Future land Use Map as water or parks and recreation,
2, Whether or not the proposed zoning district is compatible with the surrounding
area's zoning designation(s) and existing uses.
This proposed conservation zone is compatible with surrounding residential zoning
designations and existing use of the canal.
3. Whether or not the subject property is physically suitable for the uses permitted in
the proposed district.
The subject property is physically suitable for the uses permitted in the proposed
district. A conceptual site plan showing proposed boating facilities has been
submitted.
4, Whether or not there are sites available in other areas currently zoned for such use.
8
There are sites available in other areas currently zoned for CNS uses,
5. If applicable, whether or not the proposed change will contribute to redevelopment
of an area in accordance with an approved redevelopment plan.
This standard is not applicable to this proposed amendment.
6. Whether or not the proposed change would adversely affect traffic patterns or
congestion.
The proposed boating facilities will be an accessory use only to the five single family
homes proposed on the upland parcel. No parking is provided or required for
accessory uses, therefore, the proposed change will have no impact on traffic
patterns or congestion,
7, Whether or not the proposed change would adversely impact population density
such that the demand for water, sewers, streets, recreational areas and facilities,
and other public facilities and services would be adversely affected.
The proposed boating facilities will be used as accessory use only to the five single
family homes proposed on the upland parcel. If the parcel was developed for other
permitted uses in the CNS district, those uses would not result in any increase in
population. Therefore, the proposed change would not adversely impact population
density such that the demand for water, sewers, streets, recreational areas and
facilities and other public facilities and services would be adversely affected,
8, Whether or not the proposed change would have an adverse environmental impact
on the vicinity.
The proposed change will not have an adverse environmental impact on the vicinity.
Use of the parcel for any permitted use in the district will be subject to City and
County DERM review and approval.
9. Whether or not the proposed change would adversely affect the health, safety, and
welfare of the neighborhood or the City as a whole.
The proposed change will not adversely affect the health, safety, and welfare of the
neighborhood or the City as a whole.
School Impacts - The proposed uses in the CNS district will not result in an increase
in population, therefore, there will be no effect on school capacity due to this proposed
change.
Conclusion - An evaluation of the standards of review for amendment to the Official
Zoning Map set out in Section 31-77(f) of the City Code shows that the applications to
9
change the zoning on these two parcels meet those standards.
recommends approval of the applications.
10
Staff therefore
City of
A ventura
Government Center
19200 West Country Club Drive
Avenrura, Florida 33180
September 9, 2005
SUSAN GO1TLIEB
MAYOR
Mr. Eric M. Soroka, ICMA-CM
City Manager
City of Aventura
19200 West Country Club Drive
Aventura, FL 33180
COMMlSStONERS
ŒV AUERBACH
BoB DIAMONO
HARP.V HallBERG
BILLVJOEl
MICHAELSTtRN
Luz UuAEZ WEINBERG
RE: Aventura-Ensenada Inc, Application for Rezoning
.51 acre parcel at North Country Club Drive and NE 34 Avenue
City of Aventura
Case File No. 01-REZ-05
ERIC M. SOROKA, ICMA-CM
CrrtMANAGER
Dear Mr. Soroka:
This letter shall serve as the Letter of Intent for Application for Rezoning under
Case File No. 01-REZ-O5,
Aventura-Ensenada Inc. is the owner of a ,51 acre parcel of land at the northeast
corner of North Country Club Drive and NE 34 Avenue identified as "George
Berlin Park". This parcel was designated for high density residential uses by the
previous Miami-Dade County zoning map, That designation was changed in
1999 to CF (Community Facilities) District upon enactment of the City of
Aventura's Land Development Regulations.
Under the terms of an agreement between the owner and the City, the City has
agreed to act as applicant for the rezoning of this parcel from CF (Community
Facilities) District to RS2 (Residential Single Family) District. The RS2 zoning
designation will permit a maximum of five single family dwelling units on this
parcel. A conceptual site plan showing the proposed layout of the homes is
attached.
Yours~. Iy
Cx,. ,
Joai'1ne arr, AICP
Planning Director
Exhibit #1
01-REZ-O5 & 02-REZ-O5
PHONE: 305-466-8900 . FAX: 305-466-8939
www,cityofaventura.com
N. ~. ~itI ","VI;.
Exhibit ~1REZ-O5
01-REZ-O5 & 0 -
City of
A ventura
Government Center
19200 West Country Club Drive
Aventura, Aorida 33180
September 9, 2005
SUSAN Go1TLIEB
MAYOR
Mr. Eric M. Soroka, ICMA-CM
City Manager
City of Aventura
19200 West Country Club Drive
Aventura, FL 33180
COMMISSIONERS
ZEV AUERBACH
BoBDIMIONO
HARRY HoUBEOC
BIUYJOEl
MICHAElSTEIlN
wz URBAEZ WEINBERG
RE: Aventura Land and Development Corporation
Application for Rezoning
Canal parcels south of NE 207 Street, City of Aventura
Case File No. 02-REZ-05
htc M. SoROKA. ICMA-CM
CrrYMANAGER
Dear Mr. Soroka:
This letter shall serve as the Letter of Intent for Application for Rezoning under
Case File No, 02-REZ-05.
Aventura Land and Development Corporation is the owner of two separate
parcels of submerged land containing approximately 5,39 acres lying south of the
NE 207 Street CNaterways Boulevard) roadway and east of NE 34 Avenue.
These parcels are designated as "water" on the Future Land Use Map and RMF4
(Multi-family High Density Residential) District on the City's zoning map.
Under the terms of an agreement between the owner and the City, the City has
agreed to act as applicant for the rezoning of these parcels from RMF4
(Mulitfamily High Density Residential) District to CNS (Conservation) District.
The owner proposes to construct five boat slips in the canal which will be
accessory uses to its single family home development at the corner of NE 34
Avenue and North Country Club Drive.
~our~JtJIY. ur;t Iy
~.
Joanne Carr, AICP
Planning Director
Exhibi~ #1
01-REZ-O5 & 02-REZ-O5
PHONE: 305-466-8900 . FAX: 305-466-8939
www,cityofaventura.com
BROWARD COUNTY
..-.-.-.-. ,40
DADE COUNTY I~
:.
:.
!~
:.
¡~
:.
:.
i:
¡YES DAIRY RD. :.
'.
:~
:.
i:
:.
:.
:.
:.
1:
:.
:.
:.
:.
i:
i:
i:
:.
:.
:.
i:
:.
:.
:.
,:.
201 TER.
ci
::;
OJ
;Z
ù'i
0
0
AVENTURA \3\-\l\)'
Fire fI D
Rescue Aventura
Station Library
~
:r:
w
X
ëi
~
192 ST.
wehmann's
Fashion oj
Island :¡:
'"
'"
ci
:>
--'
OJ
;Z
ù'i
0
0
MIAMI
GARDENS DR,
Arlantic
Ocean
e
Roadways
City Boundary
ZIP Code Boundary
Railroad
Exhibit #2
01-REZ-O5 & 02-REZ-O5
LEGAL DESCRIPTION OF LANDS
Parcel 1 :
A PARCEL Of LANO DESCRIBED AS A PORTION Of TRACT "F" Of FlRST ADDITION BISCAYNE YACHT ANO COUNTRY CLUB, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK S9 AT PAGE 100 OF THE PUSUC RECORDS OF DADE COUNTY (NOW MIAMI-DADE COUNTY), FLORIDA. MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE YÆ:ST ~ CORNER OF SECTION 35, TOlIN SHIP 51 SOUTH, RANGE 42 EAST CITY OF AVENTURA. MIAMI-DADE COUNTY, FLORIDA;
THENCE S02'OO'25"E FOR 1.60 FEET TO A POINT OF CURVATURE Of A CIRCULAR CUR'Æ CONCA'Æ TO THE NORTHYÆ:ST; THENCE ALONG THE ARC OF
SAID CUR'Æ. HAVING A RADIUS Of 1091.35 FEET AND A CENlRAL ANGLE OF 10'9'43" FOR 196,74 FEET TO A POINT ON SAID CUR\IE; THENCE
SSI'4O'42"E ON A UNE RADIAL TO THE POINT ON CUR'Æ FOR 50.00 FEET TO A POINT ON THE BOUNDARY OF SAID TRACT "F;" THENCE SOS'9'18"W
FOR 1.69 FEET TO THE POINT OF BEGINNING OF SAID PARCEL OF LAND; THENCE ALONG THE BOUNDARY OF SAID TRACT "f" FOR THE FOLLOYl1NG
THREE (3) COURSES; (1) THENCE CONTINUE SOS'9'IS"W FOR 96.00 FEET TO A POINT OF CURVATURE OF A CIRCULAR CUR'Æ CONCA'Æ TO THE
NORTHEAST: (2) THENCE ALONG THE ARC OF SAID CUR'Æ. HAVING A RAOIUS OF 50,00 FEET AND A CENTRAL ANGLE OF 90'00'00" FOR 78.54 FEET
TO THE POINT OF TANGENCY; (3) THENCE 581'40'42"E FOR 106.00 FEET TO A POINT ON SAID BOUNDARY OF TRACT "F;" THENCE NOS'9'IS"E FOR
146.00 FEET; THENCE NSI'4O'42"W FOR 156.00 FEET TO THE POINT OF BEGINNING.
Parcel 2:
All. THOSE LOTS, PIECES OR PARCE1.5 OF LAND SITUATE, LYING AND BEING IN SECTION 35, TOIINSHIP 51 SOUTH. RANGE 42 EAST. CITY OF AVENTUF
MIAMI-DADE COUNTY. FLORIDA. THE SAME BEING MORE PARTICULARLY OESCRIBED AS FOLLOWS, VlZ.:
PARCEL "PRIVATE CANAL", LESS PORTIONS LYING IN "AVENTURA-MARINA CONDOMINIUM NO, I," ACCORDING TO THE DECLARATION THEREOF, AND
RECORDED IN OFF1C1AL RECORDS BOOK S096 AT PAGE S76 OF "FlRST ADDITION TO BISCAYNE YACHT AND COUNTRY CLUB," ACCORDING TO THE PLA1
THEREOF. AS RECORDED IN PLAT BOOK 89 AT PAGE 100 OF THE PUBUC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, ALSO. LESS THE PORTIONS
LYING IN "AVENTURA FlRST ADDITION" ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 99 AT PAGE 11 OF THE PUBUC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
TOGETHER YI1TH:
"PRIVATE CANAL" PORTION OF A'ÆNTURA FlRST ADDITION, ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 99 AT PAGE 11 OF THE
PUBUC RECORDS OF DADE COUNTY (NOW MIAMI-DADE COUNTY), FLORIDA.
Exhibit #4
01.REZ-O5 & 02.REZ-O5
-- ~-t~..~.
.,
. "'-
Tinter Associates, Inc. , Transportation Engineers
3303 West Commercial Blvd.- Ste201- Ft. Lauderdale, FL 33309-(954) 484-3633- Fax (954) 484-%12' W\'owtiater.com
\>It.Ct.\-'¡t.\:
\ 't~~"
~t'? 1. r:R\l.t."í
\)t.'-It.\i
~f:j~~~~\\\
September 15. 2005
Ms. Joanne Carr, AICP
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
RE:
A VENTURA ENSENADA, INC.
CITY OF AVENTURA
TINTER ASSOCIATES PROJECT NO. 01-2051R
Dear Ms. Carr:
This letter report should serve as a follow-up to our original correspondence of April 14, 2004 in
which several development scenarios were evaluated in response to a rezoning request for
property located along the north side of North Country Club Drive immediately east of N,E. 34th
Avenue within municipal limits of the City of Aventura. To assist your office at this time
additional analysis has been completed by this firm examining the effect on the area roadway
network of completing 5 single-family detached dwelling units on the subject property.
As before, trip generation characteristics were quantified through use of data available from the
Institute of Transportation Engineers (ITE) report Trip Generation, 7th Edition, According to ITE
land Use Code (lUC) 210, 'Single Family Detached Housing' the 5 dwelling units should
produce 48 vehicular trips per day (24 entering and 24 exiting) with 4 occurring during the A.M.
peak hour (1 entering and 3 exiting) and 5 occurring during the P.M. peak hour (3 entering and
2 exiting). These peak hour volumes have been incorporated into an intersection summation
worksheet that includes existing turning movement count data as collected by this firm and used
in our April 2004 analysis. Table A is attached for your use.
An analysis of daily conditions along North Country Club Drive, a four-lane divided facility, was
performed for the single-family development scenario, According to a 24-hour machine count
conducted along North Country Club Drive on Tuesday March 16th, 2004 North Country Club
Drive processes 14,941 vehicles per day. A comparison of this volume to appropriate
generalized maximum level of Service volume thresholds developed by the Florida Department
of Transportation in the most recent edition of Quality/level of Service Handbook (21,700
vehicles per day) shows that North Country Club Drive currently operates within acceptable
parameters and should continue to do so with the addition of traffic (48 vehicles per day) from
the proposed 5 single family dwelling units.
Exhibit #6
01-REZ-O5 & 02-REZ-O5
City of Aventura
September 15, 2005
Page 2
Similarly, the signalized intersection capacity analysis completed for existing and future peak
hour conditions at the intersection of North Country Club Drive and N.E, 34th Avenue shows the
intersection currently operates at acceptable Level of Service (LOS) 'C' and should continue to
operate at this level of service with addition of peak hour traffic volumes from the proposed
single family homes. A comparison of vehicular delay shows no measurable impact during the
A.M. peak hour and a tenth of a second increase during the P.M. peak hour. Peak hour
intersection analysis worksheets are attached for your use. In summary, the effect of
developing the subject property as proposed should have an insignificant impact on the area
roadway network as shown herein.
I trust the information contained herein will assist in your review of the proposed residential
development. Of course, should you have questions regarding the issues discussed herein,
please do not hesitate to contact me directly.
Very truly yours,
(f. ~~ ,~
J. Suzanne Danielsen, P.E.
Senior Project Engineer
JSD:fmt
W>200,fl1os""-2{)51 R.002
Tinter Associates, Inc. . Transportation Engineers
Table A
Aventura Ensenada, Inc.
Intersection Summation
Assuming N. Country Club Drive Access
and 5 Single-Family Dwelling Units
'!'['\:
~;r'" "\'Ñôît~~~ìïhíiÝC~Jrô.~;,,;~;"'3~A
.{:A.M.pe~,~,~,9~l!d~:Q~.9:~Or' '::;~ .
,C:,!u Jt Date: 1~~s(!,~.Y;M~rF!11~; 2003.::
":; '. '.~::~S,~':';. ",' ','..'
Northbound Southbound Eastbound
LT Thru RT LT Thru RT LT Thru RT
Factors
Westbound Total %
LT Thru RT
4 195 352 1,521
4 195 352 0.00%
0 0 0 0.00%
0 0 0 0.00%
4 195 352
1 in
1 1 1 3 3 out
5 196 353 1,524
Existing 67 58 13 238 27 189 190 176 12
Season 67 58 13 238 27 189 190 176 12
Growth 0 0 0 0 0 0 0 0 0
Ap Dev 0 0 0 0 0 0 0 0 0
Backg~d 67 58 13 238 27 189 190 176 12
Project 0 0 0 0 0 0 0 0 0
Total 67 58 13 238 27 189 190 176 12
Factors
Northbound Southbound Eastbound Westbound Total %
LT Thru RT LT Thru RT LT Thru RT LT Thru RT
Existing 22 23 5 350 42 197 329 230 34 6 196 278 1,712
Season 22 23 5 350 42 197 329 230 34 6 196 278 0.00%
Growth 0 0 0 0 0 0 0 0 0 0 0 0 0.00%
Ap Dey 0 0 0 0 0 0 0 0 0 0 0 0 0.00%
Backg~d 22 23 5 350 42 197 329 230 34 6 196 278
3 in
Project 0 0 0 1 0 0 0 1 0 1 1 1 5 2 out
Total 22 23 5 351 42 197 329 231 34 7 197 279 1,717
Tinter Associates, Inc.
HCS2000, signalized Intersections Release 4.1c
Analyse, jsd Ineer., N Counery Club or ae HE 34 Av
Agency' Tinter ABsociates, Inc. Area Type, All other areas
Date, 03/23/2004 Jurisd, City of Aventura
Period, A,M. Peak-Existing Conditions Year, 2004
Project ID, North Country Club Drive at N.E. 34 Avenue
E/W St, N Country Club Drive N/S St, N.E. 34 Avenue
SIGNALIZED INTERSEcnON SUMMARY
I LEast~undR I LWest~oundR I LNort~un~
~~~~!~~S 1'~0' 17~R ,: \4 0 19~TR3:2 16~ 1 5aiR ,:
Lane width 12.012,0 12.0 12.0 12.0
RTOR Vol 0 0
Southbound
L T R
1 1 I
L TR
238 27
12.0 12.0 189
I
Duration
Phase Combination 1
Ea Left A
Thru A
Right A
Peds X
WB Left
Thru
Right
Peds
NB Right
sa Right
Green
Yellow
All Red
,,<>pr/
Lane
Grp
Lane
Group
Capacity
0.25
Area Typo, All other areas
Signal Operations
3 4
2
P
P
P
X
P
P
P
X
5
NB Left A
Thru A
Right A
Peds X
SB Left A
Thru A
Right A
Peds X
Ea Right
WB Right
20.0 30.0
3.0 4,0
1.3 1.1
30.0
4.0
1.0
Cycle Length, 94.4
Interaection Performance Summary
Adj Sat Ratios Lane Group ,,<>proach
Flow Rate
(sl
~
Delay LOS Delay LOS
Eastbound
L 555
TR 2035
Westbound
LTR
936
Northbound
L 315
TR 564
Southbound
L 344
TR 511
1766 0.36 0.58 11.2 a
3537 0.10 0.58 9.0 A 10.1
2944 0.62 0.32 30.4 30.4
991 0.23 0.32 24,0
1776 0.13 0.32 23.0 23.5 C
1084 0.73 0,32 36.3 D
1607 0.44 0.32 26.2 C 31.5
(sec/vehl
Intersection Delay. 25.1
Intersection LOS . C
HCS2000, Signalized Intersections Release 4.1c
HCS2000, Signalized Intersections Release 4.1c
Analyst, jsd Inter., N Country Club Dr at HE 34 Av
Agency, Tinter Associates, Inc. Area Type, All other areas
Date, 03/23/2004 Jurisd, City of Aventura
Period, P.M. Peak-Existing Conditions Year, 2004
Project 10, North Country Club Drive at N.E. 34 Avenue
E/W St, N Country Club Drive N/S St, N.E. 34 Avenue
Eastbound
L T R
SIGNALIZED INTERSEt:-rION SUl<MARY
I Westbound Northbound
LTR LTR
I 0 2 0
LTR
6 196 278
12.0
I
1 1
L TR
350 42 197
12.0 12.0
Southbound
L T R
NO. Lanes 1 2
LGConfig L TR
Volume 329 230 34
Lane Width 12.0 12.0
RTOR Vol
Ouration
Phase Combination I
Ea Left A
Thru A
Right A
Peds X
WB Left
Thru
Right
Peds
NB Right
sa Right
Green
Yellow
All Red
Afipr/
Lane
Grp
Lane
Group
Capacity
1 1
L TR
22 23 5
12.0 12.0
0
0.25
Area Typo, All other areas
Signal Operations
3 4
5
NB Left A
Thru A
Right A
Peds X
sa Left A
Thru A
Right A
Peds X
Ea Right
WB Right
30.0
4.0
1.0
cycle Length, 94.4
Intersection Performance summary
Adj Sat Ratios Lane Group Approach
Flow Rate
(sl
2
P
P
P
X
P
P
P
X
20.0 30.0
3.0 4.0
1.3 1.1
~
Delay LOS Delay LOS
Eastbound
L 590
TR 2018
Westbound
LTR
970
Northbound
L 297
TR 582
Southbound
L 416
TR 522
1776 0.59 0.58 13.2 a
3508 0.14 0.58 9.3 A 11.5
3051 0.52 0.32 28.3 28.3
935 0.08 0.32 22.6 C
1832 0.05 0,32 22.4 C 22.5
1308 0.88 0.32 50.3 D
1642 0.48 0.32 26.6 C 40.7
(see/vehl
Intersection LOS - C
Intersection Delay - 26.6
HCS2000, Signalized Intersections Release 4. lc
HCS2000, Signalized Intersections Release 4.1c
Analyst, jsd Inter., N Country club Dr at HE 34 Av
Agency, Tinter Associates, Inc. Area Type, All other areas
Date, 09/15/2005 Jurisd, City of Aventura
Period, A.M. Peak-with 5 SF du Year, 2004
Project ro, North Country Club Drive at N.E. 34 Avenue
EIW St, N Country Club Drive NIS St, N.E. 34 Avenue
SIGNALIZED INTERSECTION SU>1MARY
I Eastbound I Westbound I Northbound=1 Southbound
LTR LTR LTR LTR
1120102011101110
L TR LTR 1 L TR L TR
190 176 12 5 196 353 167 58 13 1238 27 139
12.012.0 12.0 12.0 12. 12.0 12.0
0 0 1 0
No. Lanes
LGConfig
Volume
Lane width
RTOR Vol
I-
I
Duration
Phase combination 1
EB Left A
Thru A
Right A
Peds X
WB Left
Thru
Right
Peds
NB Right
S8 Right
Green
Yellow
All Red
Appr/
Lane
Grp
Lane
Group
Capacity
0.25
Area Type, All other areas
Signal Operations
3 4
2
P
P
P
X
P
P
P
X
5
NB Left A
Thru A
Right A
Peds X
S8 Left A
Thru A
Right A
Peds X
EB Right
WB Right
20.0 30.0
3.0 4.0
1.3 1.1
30.0
4.0
1.0
Cycle Length, 94.4
Intersection Performance Summary
Adj Sat Ratios Lane Group Approach
Flow Rate
{sl
~
Eastbound
L 553
TR 2035
Delay LOS Delay LOS
Westbound
LTR
936
Northbound
L 315
TR 564
Southbound
L 344
TR 511
1766 0.36 0.58 11.2 8
3537 0.10 0.58 9.0 A 10.1
2944 0.62 0.32 30.5 30.5
991 0.23 0.32 24.0
1776 0.13 0.32 23.0 23.5 C
1084 0.73 0.32 36.3 D
1607 0.44 0.32 26.2 C 31.5
Intersection Delay - 25.1 {sec/vehl
Intersection LOS - C
HCS2000, signalized Intersections Release 4.1c
HCS2000, signalized Intersections Release 4.1e
Analyst, jsd Inter., N Country club Or at NE " Av
Agency, Tinter Associates, Inc. Area Typo, All other areas
Date, 09/15/2005 Jurisd, City of Aventura
Period, P.M. Peak-with 5 SF du Year, 2004
project re, North Country Club Drive at N .E. 34 Avenue
EIW St, N Country Club Orive NIS St, N.E. 34 Avenue
Eastbound
L T R
SIGNALIZED INTERSEerICN SUMMARY
I Westbound I Northbound~~] Southbound ¡-
LTR LTR LTR
10201110\'10\
LTR L TR L TR
\7 197 279 122 23 5 351 42 197 I
12.0 12.0 12.0 12.0 12.0 I
I 0 0
No. Lanes 1 2
LGConfig L TR
Volume 329 231 "
Lane Width 12.012.0
RTOR Vol
Duration
0.25
Area Typo, All other areas
Signal Operations
3 4
Phase Combination 1
EB Left A
Thru A
Right A
Peds X
WB Left
Thru
Right
Peds
HE Right
SB Right
Green
Yellow
All Red
Apprl
Lane
Grp
Lane
Group
capacity
5
HE Left A
Thru A
Right A
Peds X
SB Left A
Thru A
Right A
Peds X
EB Right
WB Right
30.0
4.0
1.0
Cycle Length, 94.4
Intersection Performance summary
Adj Sat Ratios Lane Group Approach
Flow Rate
(sl
2
P
P
P
X
P
P
P
X
20.0 30.0
3.0 4.0
1.3 1.1
vie glC
Delay LOS Delay LOS
Eastbound
L 589
TR 2018
Westbound
LTR
969
Northbound
L 297
TR 582
Southbound
L 416
TR 522
1777 0.59 0.58 13.2 B
3508 0.14 0,58 9.3 A 11.5
3049 0.52 0.32 28.4 28.4
935 0.08 0.32 22.6 C
1832 0.05 0.32 22.4 C 22.5
1308 0.89 0.32 50.7 D
1642 0.48 0.32 26,6 c 40.9 D
Intersection Delay - 26,7 (sec/vehl
Intersection LOS - C
HCS2000, signalized Intersections Release 4.1c
ORDINANCE NO. 2005- -
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF AVENTURA BY AMENDING THE ZONING
DESIGNATION FOR A 0.51 ACRE PARCEL OF LAND
LOCATED ON NE 34 AVENUE AT NORTH COUNTRY
CLUB DRIVE, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT A, FROM CF, COMMUNITY FACILITIES
DISTRICT TO RS2, RESIDENTIAL SINGLE FAMILY
DISTRICT; AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF AVENTURA BY AMENDING THE ZONING
DESIGNATION FOR TWO PARCELS OF SUBMERGED
LAND TOGETHER MEASURING 5.39 ACRES MORE OR
LESS LOCATED SOUTH OF NE 207 STREET AND EAST
OF NE 34 AVENUE, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT B, FROM RMF4, MULTIFAMILY
HIGH DENSITY RESIDENTIAL DISTRICT TO CNS,
CONSERVATION DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the applicant, City of Aventura, on behalf of the owners, Aventura-
Ensenada Inc. as to Parcel 1 described in Exhibit A and Aventura land and Development
Corporation as to Parcel 2 described in Exhibit B, through Applications Nos. 01-REZ-O5
and 02-REZ-O5, has applied to amend the Official Zoning Map of the City of Aventura by
amending the zoning designation for Parcel 1 legally described in Exhibit A attached
hereto from CF, Community Facility District to RS2, Residential Single Family District
and by amending the zoning designation for Parcel 2 legally described in Exhibit B
attached hereto from RMF4, Multifamily High Density Residential District to CNS,
Conservation District; and
Ordinance No. 2005- -
Page 2
WHEREAS, the City Commission has been designated as the local planning
agency for the City pursuant to Section 163.3174, Florida Statutes, and as the local
planning agency has determined that the rezonings are consistent with the applicable
provisions of the City Comprehensive Plan; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the applications for rezoning and
has considered the testimony of all interested parties at the public hearings, and has
determined that the rezoning actions set forth in this Ordinance are consistent with the
Comprehensive Plan and intended use of the land.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1.
Recitals. The foregoing whereas clauses are hereby ratified
and incorporated within this ordinance.
Section 2. Official Zonina Map Amended. That the Official Zoning Map
of the City of Aventura is hereby amended by amending the zoning designation for a
0.51 acre parcel of land located on NE 34 Avenue at North Country Club Drive (Folio
Number 28-1235-010-0010) from CF, Community Facilities District, to RS2, Residential
Single Family District (see Exhibit "A" for Legal Description).
Section 3.
Official Zonina Map Amended. That the Official Zoning Map of the
City of Aventura is hereby amended by amending the zoning designation for two
Ordinance No. 2005- -
Page 3
parcels of submerged lands together measuring approximately 5,39 acres located south
of NE 207 Street and east of NE 34 Avenue (Folio Numbers 28-1235-010-0030 and 28-
1235-013-0010) from RMF4, Multifamily High Density Residential District, to CNS,
Conservation District (see Exhibit "8" for Legal Description).
Section 4. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 5. Inclusion in the Code. It is the intention of the City Commission, and
it is hereby ordained that the provisions of this Ordinance shall become and be made a
part of the Code of the City of Aventura and that the Official Zoning Map of the City may
be revised so as to accomplish such intentions,
Section 6. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading as to the zoning map amendment for the parcel described in
Exhibit "A". This Ordinance shall be effective, as to the zoning map amendment for the
parcel described in Exhibit "8", upon the owner obtaining all necessary govemmental
approvals to construct five boat slips and associated docks within the parcel.
Ordinance No. 2005- -
Page 4
The foregoing Ordinance was offered by Commissioner
who moved its adoption on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbàez Weinberg
Mayor Susan Gottlieb
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 Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbàez Weinberg
Mayor Susan Gottlieb
PASSED on first reading this 11th day of October, 2005.
Ordinance No. 2005- -
Page 5
PASSED AND ADOPTED on second reading this 1st day of November, 2005,
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL f\JFFICIENCY:
r~
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this - day of
,2005,
CITY CLERK
EXHIBIT "A" TO
ORDINANCE NO. 2005-
Legal Description of Land
A PARCEl OF LAND DESCRIBED AS A PORTION OF lRACT "F" OF FIRST AODITlON BISCA'l'NE YACHT AND COUNlRY CLUB, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 89 AT PAGE 100 OF THE PUBUC RECORDS OF DADE COUNTY (NOW MIAMI-OADE COUNTY), FlORIDA. MORE
PARTICULARLY DESCRIBED AS FOlLOWS:
COMMENCE AT THE YÆST 14 CORNER OF SECTION 35, TOWNSHIP 51 SOUTH, RANGE ~2 EAST CITY OF AVENTURA. MIAMI-DADE COUNTY, FlORIDA:
THENCE 5O2'O0'25"E FOR 1,60 FEET TO A POINT OF CURVATURE OF A CIRCUlAR CUR'Æ CONCA'Æ TO THE NORTHYÆST, THENCE ALONG THE ARC OF
SAlO CURI/E, HA\1NG A RAOIUS OF 1091,35 FEET AND A CENlRAL ANGLE OF 10'9'43" FOR 196,7~ FEET TO A POINT ON SAID CUR','£; THENCE
S81'40'~2t: ON A UNE RADIAL TO THE POINT ON CUR'Æ FOR 50.00 FEET TO A POINT ON THE BOUNDARY OF SAID TRACT "f:" THENCE S08'9'18"W
fOR 1.69 FEET TO THE POINT OF BEGINNING OF SAID PARCEl Of LAND: THENCE ALONG THE BOUNOARY Of SAlO lRACT "f" FOR THE FOlLOW1NG
THREE (3) COURSES; (1) THENCE CONTINUE SO8'9'1S"W fOR 96.00 FEET TO A POINT Of CURVATURE Of A CIRCULAR CUR'Æ CONCA'Æ TO THE
NORTHEAST, (2) THENCE ALONG tHE ARC Of SAID CURI/E, HA\1NG A RADIUS Of 50.00 FEET ANO A CENTRAL ANGLE OF 9D'OO'OO" FOR 78.5-4 FEEl
TO tHE POINT Of TANGENCY: (3) tHENCE SS1'40'~2"E fOR 106.00 FEET TO A POINT ON SAID BOUNDARY Of lRACT "f:" THENCE NOS'9'IS"E fOR
1-46.00 FEET, THENCE NS1'40'~2"W fOR 156,00 FEET TO THE POINT Of BEGINNING.
EXHIBIT "B" TO
ORDINANCE NO. 2005-
legal Description of land
ALL lHO5£ LOTS, PIECES OR PARCELS Of LAND SITUATE, LYING AND BEING IN SECTION 35, TO'loNSHIP 51 SOUlH, RANGE 42 EAST, CITY OF AVENTUR
MIAMI-DADE COUNTY, FLORIDA, lHE SAME BEING MORE PARTlCULARLY DESCRIBED AS FOLLOWS, 1w1z.:
PARCEL "PRIVATE CANAL", LESS PORTIONS LYING IN "AVENTURA-MARlNA CONDOMINIUM NO.1: ACCORDING TO lHE DECLARATlON lHEREOF, AND
RECORDED IN OfFICIAL RECORDS 800K 8096 AT PAGE 876 Of "FIRST ADDITlON TO BISCAYNE YACHT AND COUNlRY CLUB: ACCORDING TO lHE PLAT
lHEREOf. AS RECORDED IN PLAT BOOK 89 AT PAGE 100 OF lHE PUBUC RECOROS OF MIAMI-DADE COUNTY, FLORIDA, ALSO, LESS lHE PORTIONS
LYING IN "AVENTURA FIRST ADDITlON" ACCORDING TO lHE PLAT lHEREOF. AS RECORDED IN PLAT BOOK 99 AT PAGE 11 Of lHE PUBUC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
TOGElHER I'I\lH:
"PRIVATE CANAL" PORTlON OF AVENTURA FIRST ADDiTlON. ACCOROING TO lHE PLAT lHEREOF. AS RECORDED IN PLAT BOOK 99 AT PAGE 11 OF lHE
PUBUC RECORDS Of DADE COUNTY (NOW MIAMI-DADE COUNTY). FLORID"-
'"
"""
BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavft Is made pursuant to Section 31.71(b)(2)OD of 1I1e City of Aventura land Development Code, The undersigned Affiant hereby
discloses that (mark with 'x' applicable portions only)
~1.
Affiant does IJQ! have a Business Relationship with any member of the CIty Commission or any City Advisory
Board to which the application will be presented.
[ ¡ 2,
Affiant hereby discloses that " does have a Business Relalionship with a member of the CIty Commission or a
City Advisory Board to which the application wli be presented, as foliows:
selVes),
(List name of Commissioner or Advisory Board Member) who selVes on the
(Ust City Commission or City Advlscxy Board upon which member
[]i.
The nature of 1I1e Business Relationship Is as follows:
II fl.
[J1ß,
¡
¡
~
!
[]iv,
[Jv.
Mamber of CIty Commission or Board holds an ownership Interest in excess of 1 % of total assets or
capital stock of ApplIcant or Representative;
Member of CIty Commission or Bm Is a partner, c:o-shareholder (as to shares of a corporation
which are not fisted on any national or regional stock exchange) or Joint vooturer with the Appticant or
Representative In any business venture; .
The Applicant or Representative Is a Cnent of a member of the City Commission or Board or a Client
of another professional wol1<lng from the sanie office or for the same employer as the member of the
CIty CommIssion or Board;
A City Commissioner or Board member Is a Client of the Applicant or Representalive;
The Applicant or Representative Is a Customer of the member of the CIty Commission or Board (or of
his or her employer) and transacts more than $10,000.00 of the business of the member of the City
Commission or Board (or his or her employer) In a given calendaryea~
[J vI.
The member of the City Commission or Board Is a Customer of the Applicant or Representative and
transacts mora than $2~,OOO,00 of the business of the AppUcant or Representative In a given
calendar year,
WITNESS MY HAND THIS - DAY OF
APPLICANT:
By:
Name:
Tllia:
200_,
(Signature)
(PrlnO
(Print)
WITNESS MY HAND THIS - DAY OF
PROPERTY OWNER:
By:
Name'
Tllie:
,20O_.
(Signature)
(PrinO
(Print)
'The t9lmS 'Business Relationship,' 'Ciant,' 'Q¡stomer,' "/vJpDcan~' 'Representa"...' and 'Interested Parson' are defUJed In
Section 2-395 of the Aventura CIty Code.
WITNESS MY HAND THIS ~~AY OF ~ 2025
REPRESENTATIVE: (List on Iness Re1aUonshlp A!f¡davit)
B ' ~Signature)
Name:'So.n-."",¡E. fóol"-1n(Print)
TiUe:~"py
By:
By: (Signature
Name: (Print)
Tille: (Print)
By: (Signature
Name: (Print)
Title: (Print)
By: (Signature
Name: (Print)
Title: (Print)
By: (Signatura
Name: (PrinQ
Title: (Print)
By: (Signature
Name: (Print)
Title: (Print)
By: (Signature
Name: (Print)
Title: (Print)
Na :
By: (Signature)
Name: (Print)
Title: (PrinQ
By: (Signature)
Name: (Print)
Title: (Print)
By: (Signature)
Name: (Print)
Title: (Print)
-1 By: (Signature)
! Name: (Print)
I TiUe: (Print)
NOTE: 1) Use duplicate sheets H dlsclosurelnfolmaUon for Representative varies
2) Applicants and AlI1anls Ire advised to timely supplement this Affidavit pursuant to Sec. 31,71(b)(2)(iv) of the
City's Land Development RegulaUonsln ths City Code,ln the event that prior to consideratIon of the application
by the City Board or CommIssion, the Information provided In the AlI1devlt becomes Incorrect or Incomplete.
NOTARIZATION PROVISION
STATEOFFLORIDA )
couNTYor'mM~p ~ ¿
Bef",e me, \he under>¡ned Iu1hOl1ty, per""'.ly I I1T the A~anL who being f.,t by me d~y swan, ád ,wear or Iffimlthlt
helshe"""18d~lsAl1ido\Ì\for~lpurposesstaled~e"iIn,"d~ltkblJUe,"d""ecI. .. ßß
~[¡ ~
AfFIANT
;t-~ ÔÏ< ",e me thl. jC¡::'YOf~20o5""
~~. <¡-~ """"ISS1a<NUt.!QER ~ r-2L ~
~ ~ DC1~ NclaryPIlbUcSlet"fF~~daAllI~~
..,~ 0" "yCOlAMlSSfJNEXPIRES ""~r" 1-1, ðA-"1",r
OF F~ JUNE1B,2DO6 P~ntedNemecfNoIary
My commission explres'-.
STATE OF F!.ORIDA
CDUNTYOr~~~~"k> A-I\¡-k...a,u-j J"'.
Beforema,the"'der>gnedeu1hOl1~"""""aI1Ylppeared ~Ary\'IJ,JO/<:>
he/she executed this Alida'oilforthe purposes oteted thereia and that lis lJUe ",d ccnec:t.
i:!:-
SWO!1N TO AN!) SUBSCRIBEO befOOl me IhIs ~ doy of ~ 2005
""""', MarciaE.Newl~d
ii<it!;¿¡,~~ Conunisslon IDD201992 N
~~, ':1'::EExpircs:May21,2001
";;~.~1i-.<!"~ Ad"::::"cO..1I>:.
STATEOFF!.ORlDA )
COUNTY OF MiAMI-DADE}
Bef"e me, the underilgned luthority, """",el~ appeared
helsheex""'tedth¡'AffKl8'oitfor\hepurpcs...tetedthereinllldthetül;true",dccneeL
the AffianL who bein¡frot by me duly sworn, lid ...ar '" affiml thai
AfFIANT
SWORN TO AND SUBSCRIBED before me this - tIey 01 ~ 200_,
-1
I
i
NoIoryPubleSteteofPaldaAIl"1le
PTinta<l Name of NcIaIy
My ccnunIosion "Plres'-.
STATE OF FtORIDA )
COUNTY Of 1JjAM~)
Before me, the unders~ned euthorily, persOOli~ Ippeared
he/st¡e..""tedthIsAfidavltforl1epurposessfata<ltherolnllldthatllbtruell\dcc-
the AlianL .", being t,.¡ by m. duly swom, lid swear or affiml that
AfFIANT
SWORN TO AtIJ SUBSCRIBED be""" me this - doy of ~ 200-
NclaryPubRcSfaleofFlorideAliN¡¡e
P~nlldNameofNoIary
My _mission "P~
! -'-- --
.---.---u_--
, -"'- ~ -, "
http://us.f600.mail.yahoo.com/ym/ShowLette
Exhibit #5
01-REZ-O5 & 02-REZ-O5
'"
0
'"
0
'"
Ii">
0
'"
~
Š
à:
/05
Page 1 ot 1
http://us.f600.mail, yahoo.com/ym/ShowLetter/persp5_copia.jpg?box=Inbox&MsgId= 7457_5342394_9555_1774_88... 9/14/05
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE:
City Commission :... ~êJ
Eric M, Soroka, ICMA-CM, crla(ag r
September 29, 2005
Ordinance Amending Article VII "Code of Ethics" of Chapter 2 of the
City Code
TO:
FROM:
SUBJECT:
1st Reading September 6,2005 City Commission Meeting Agenda Item..!t..
2nd Reading October 11, 2005 City Commission Meeting Agenda Item -
Attached please find an Ordinance amending Article VII "Code of Ethics" of Chapter 2
of the City to address additional supplementary ethics code provisions which relate to
investments and real estate transactions and adopting campaign finance reforms
provisions relating to prohibiting political campaign contributions by City vendors.
This document was reviewed at the July Workshop Meeting. If you have any questions,
please feel free to contact me.
EMS/act
CCO1423-05
ORDINANCE NO. 2005--
AN ORDINANCE OF THE CITY OF A VENTURA,
FLORIDA; AMENDING THE CITY CODE BY
AMENDING ARTICLE VII "CODE OF ETHICS" OF
CHAPTER 2 "ADMINISTRATION", BY AMENDING
SECTION 2-396 "FURTHER ETHICS STANDARDS;
PROHIBITIONS AND RESTRICTIONS" AT
PARAGRAPH (C) "FURTHER RESTRICTIONS ON
TRANSACTIONS" BY RENUMBERING AND
REVISING EXISTING SUBPARAGRAPH (m) TO BE
SUBPARAGRAPH (iv) AND BY CREATING A NEW
SUBPARAGRAPH (m) TO PROHIBIT
INVOLVEMENT OF CITY PUBLIC OFFICERS AND
EMPLOYEES IN CERTAIN INVESTMENTS AND IN
CERTAIN REAL ESTATE TRANSACTIONS; AND BY
CREATING ARTICLE IX "CAMPAIGN FINANCE
RESTRICTIONS" OF CHAPTER 2
"ADMINISTRATION" OF THE CITY CODE, BY
CREATING SECTION 2-420 "PROHIBITED
CAMPAIGN CONTRIBUTIONS FROM VENDORS",
TO CREATE RESTRICTIONS UPON THE MAKING
OR RECEIPT OF POLITICAL CAMPAIGN
CONTRIBUTIONS FROM OR WHICH ARE
DELIVERED, SOLICITED OR PROVIDED BY
VENDORS OF THE CITY; PROVIDING FOR
DEFINITIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR PENALTY; PROVIDING FOR
INCLUSION IN CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura desires to adopt additional
supplementary ethics code provisions which expressly relate to investments and to real estate
transactions, and to further promote the ethical standards of the City by adopting campaign
finance refonn provisions prohibiting political campaign contributions which are made, solicited,
delivered or provided by City vendors; and
WHEREAS, the City Commission finds that the additional regulations and restrictions,
as provided herein, are in the best interest of the City,
Ordinance No, 2005--
Page 2
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:!
Section 1. Recitals Adopted. That each of the above stated recitals is hereby
adopted and confirmed.
Section 2. City Code Amended. That Article VII "Code of Ethics" of Chapter
2 "Administration" of the City Code of the City of Aventura is hereby amended by
amending Section 2-396 "Further Ethics Standards; Prohibitions and Restrictions", to
read as follows:
Section 2-396 - Further Ethics Standards; Prohibitions and Restrictions
(c)
Further Restriction on Transactions.
(i)
In the event that during the term of office of a member of the City
Commission, the City Commission grants an application (the "City
Approval") for a rezoning, variance, conditional use, or zoning code or
comprehensive plan amendment, upon the application of a person or entity
(the "Zoning Applicant"), no person then serving as a member of the City
Commission at the time of the City Approval shall then and for a period of
two years after the issuance of the City Approval, regardless of whether
still serving on the City Commission, perform any services for or directly
or indirectly accept any financial remuneration, any financial interest in or
any special private gain from the Zoning Applicant or from any successor
or assignee of the Zoning Applicant, as a result of or in relation to any
development which is enabled to occur as a direct consequence of such
City Approval. Notwithstanding any provision of this paragraph (c)(i), the
restrictions and prohibitions of this paragraph (c)(i) shall not apply to a
member of the City Commission who has recused himself or herself from
participating in or voting upon the item of City Approval and has absented
himself or herself from the Commission meeting pertaining to such item,
(ii)
This paragraph (c) shall not preclude the provision of services or the sale
or lease of goods by a member of the City Commission to persons who
subsequently, independently enter into a transaction with the developer,
'I Proposed additions to existing City Code text are indicated by underline; proposed deletions from
existing City Code text are indicated by strikethrough; presently existing text is indicated by the absence of
any underlining or strikethroHgho.
2
Ordinance No, 2005--
Page 3
owner or operator of the property developed as a result of the City
Approval solely by such person's purchasing or obtaining a lease for a unit
in a building which was enabled to be built or redeveloped as a result of a
City Approval.
í.ili.l
Pursuant to Section 2-11.1(0) of the Miami-Dade County Code and as
further specified herein:
ill
(Ql
No member of the Citv Commission or anv Citv officer or
employee shall acquire a financial interest in a project. business
entitv or propertv at a time when he or she believes or has reason
to believe that the said financial interest will be directlv affected bv
his or her official actions or bv the official actions bv the Citv or
Citv agencv of which he is an official. officer or emplovee,
Anv member of the City Commission or any Citv officer or
emplovee who participated in the Citv development approval
process concerning a residential development. shall be barred for a
period of two (2) years following such participation ITom
purchasing directlv or indirectlv anv dwelling unit at a price which
he or she knows or should know is less than that which is then
being offered to the general public or ITom purchasing any such
dwelling at a discounted price which he or she knows or should
know would constitute a gift requiring disclosure by him or her
pursuant to Section 112.3148. Florida Statutes. In addition. at the
time of the closing of the purchase transaction. he or she shall file
with the City Clerk a disclosure affidavit confirming that any
purchase made complies with this paragraph (iii)(b). The
disclosure shall be made on an official Citv fonn which has been
prepared by the Citv Attornev for the purpose of disclosing anv
such purchases,
fiHt fu1The prohibitions of this paragraph (c), exclusive of subparagraph (iii)(a).
may be waived for a specific transaction by Resolution of the City
Commission which is adopted following a public hearing by a five-
seventh (5/7) (five member affirmative vote) of the City Commission, if
not contrary to other applicable ethics provisions, upon a finding that:
(I)
The proposed transaction is consistent with the purposes of Article
VII of Chapter 2 of the City Code; and
(2)
The transaction will not create or tend to create even the
appearance of any impropriety.
3
Ordinance No, 2005--
Page 4
(d)
Applicability to Firms, Business Entities, Business Associates.
The restrictions and prohibitions which are imposed by paragraphs (a), (b)
and (c) of this section upon any person, by virtue of that person's service
(or former service) as a member of the City Commission, shall also be
applicable to any firm or business entity in which such member of the City
Commission has an employment, independent contractor or material
interest and to any business associate of such member of the City
Commission. The terms "material interest" and "business associate" have
the meaning indicated by Section 112.312, Florida Statutes.
(e)
Definitions.
Except as otherwise indicated herein or required by the context used
herein, the terms utilized herein which are defined in Section 112.312,
Florida Statutes, or in Section 2-11.1 of the Miami-Dade County Code,
shall have the meanings provided in such state statute and county code
provisions.
(f)
Stricter provisions prevail.
Nothing in this section shall be construed to impair or diminish any stricter
ethical standards which are provided by Section 112.313, et. seq. of the
Florida Statutes, Section 2-11,1 of the Miami-Dade County Code or by the
provisions of the Charter and Ordinances of the City or by any applicable
federal law.
Section 3.
That the City Code of the City of Aventura, Florida, is hereby
amended by creating Article IX "Campaign Finance Reform", consisting of Section 2-
420 "Prohibited Campaign Contributions by Vendors", of Chapter 2 "Administration" to
read as follows:
Sec. 2-420. Prohibited Campail!n Contributions by Vendors.
&.
General. Prohibition. Disqualification. Definitions.
ill
(ill
No vendor shall give, solicit for, deliver or provide a
campaign contribution directly or indirectly to a
candidate, or to the campaign committee of a
candidate. for the offices of mavor or commissioner.
Commencing on the effective date of this ordinance,
all proposed citv contracts. as well as requests for
4
Ordinance No, 2005-
Page 5
í!:ù
ill
ill
proposals (RFP). requests for Qualifications (RFO)
requests for letters of interest (RFLI). or solicitations
of bids issued by the city. shall incorporate notice of
this section so as to notify potential vendors of the
proscriPtion embodied herein.
No candidate or campaign committee of a candidate
for the offices of mavor or commissioner. shall
deposit into such candidate's campaign account anv
campaign contribution which is received directlv or
indirectlv from a vendor or which such candidate or
campaign committee knows or should know was
solicited by or for a Vendor or delivered or provided
bv a Vendor. Candidates (or those acting on their
behalf) shall ensure compliance with this code section
by confiITning through examination of the official
vendor list which is posted on the Citv of Aventura
web site to verify the vendor status of anv potential
contributor. A candidate or the campaign committee
of a candidate shall not be in violation of this
paragraph (b) if the vendor was not listed as a vendor
in the Citv web site at the time that the contribution
was received or deposited so long as the candidate or
the campaign committee of a candidate did not know
that the person or entitv was a vendor of the Citv.
Each prohibited act of giving. soliciting for.
delivering or providing a campaign contribution or
depositing a campaign contribution in violation of this
section shall constitute a separate violation. All
contributions deposited into a candidate's campaign
account in violation of this section shall be forfeited
to the citv's general revenue fund.
ill
A person or entitv. other than a then existing vendor.
who directly or indirectlv makes a campaign
contribution to a candidate who is elected to the office
of mavor or commissioner shall be disqualified for a
period of 12 months following the swearing in of the
subiect elected official from serving as a vendor with
the citv, A then existing vendor who directly or
indirectlv makes a contribution to a candidate who is
elected to the Office of Mavor or Commissioner. shall
be disqualified from serving as a vendor with the Citv
for a period of twelve (12) months !Tom a final
finding of a violation of this section. or from the time
5
Ordinance No. 2005-
Page 6
ill
í!ù
of action on a waiver request bv the Citv Commission
pursuant to paragraph (B) below. in the event that a
waiver is sought by the vendor. In the event that such
waiver request for a particular transaction is granted.
the affected vendor shall nonetheless be disqualified
ITom serving as a vendor with the Citv as to any other
goods. equipment or services to be provided bv the
vendor to the Citv. bevond the vendor goods.
equipment or services which are the subiect matter of
any waiver which is granted, In the event such
waiver request is denied for a particular transaction.
the twelve 112) month disqualification period shall
continue to apply to both the particular transaction for
which the waiver was sought. as well as all other
vendor activities for the provision of goods,
equipment or services to the City during that twelve
112) month period,
For purposes of this section. the term "disqualified"
shall be defined to include:
ill
Termination of a contributor/vendor's
existing contracts with the citv. subiect to
the applicable waiver provisions of
paragraph B herein: and
@
Disqualification of a contributor's response
to solicitation requests for prospective
vendor contracts with the citv. subiect to the
applicable waiver provisions of paragraph B
herein.
As used in this section:
(ill Vendor,
ill A "vendor" is a person and/or entitv who has
been selected bv the Citv as the successful bidder
on a present or pending bid to provide to the Citv
goods. equipment or services. or has been approved
bv the City on a present or pending award to
provide to the Citv goods. equipment or services.
prior to. upon or following execution of a contract.
or purchase order.
@ "Vendor" shall include natural persons and/or
entities who hold a controlling financial interest in a
vendor entitv, The term "controlling financial
6
Ordinance No, 2005--
Page 7
ili.ì Services.
interest" shall mean the ownership. directlv or
indirectlv. of ten percent or more of the outstanding
capital stock in any corporation or a direct or
indirect interest of ten percent or more in a firm.
The term "firm" shall mean a corporation.
partnership. business trust or any legal entity other
than a natural person,
(iii) "Vendor" shall not include Citv officers or
employees.
(iv) For purposes of this section. "vendor" status
shall terminate upon completion of performance of
the agreement for the provision of goods. equipment
or services.
For purposes of this section. the term "services"
shall mean the rendering bv a vendor through
competitive bidding or otherwise. of labor.
professional and/or consulting services to the Citv.
including. but not limited to. the provision of
lobbying services to the Citv.
ill Cam/JaÙm Contributions.
The term "campaign contribution" shall have the
meaning which is ascribed to the term
"Contributions" pursuant to Section 106.011.
Florida Statutes. as amended,
.!!, Waiver offJrohibition.
ill Criteria (or Waiver.
ill}
The requirements of this section mav be waived bv
the affirmative vote of five members of the Citv
Commission for a particular transaction after a
public hearing. upon finding that:
The goods. equipment or services to be involved in
the proposed transaction are unique and the Citv
cannot avail itself of such goods. equipment or
services without entering into a transaction which
would violate this section but for waiver of its
requirements: or
7
Ordinance No. 2005-
Page 8
ilil
w
(ill
The business entitv involved in the proposed
transaction is the sole source of supp1v as
detennined by the City Manager in accordance with
procedures established bv the Citv Manager: or
An emergency contract (as authorized by Section 2-
253(5) of this Code) must be made in order to
protect the health. safetv or welfare of the citizens
of the Citv: or
A contract for the provision of goods. equipment or
services exists which. if tenninated bv the Citv.
would be substantiallv adverse to the best economic
interests of the City,
(2) Limited Waiver.
Notwithstanding the denial of the Citv Commission
of a waiver request regarding the provision of
goods. equipment or services under an existing
contract pursuant to paragraph B(a) above. the Citv
Commission. mav bv the affinnative vote of five (5)
members of the Citv Commission after a public
hearing. grant a limited waiver concerning an
existing contract for the provision of goods.
equipment or services between a vendor and the
City upon finding that in order to protect the health.
safetv and welfare of the citizens of the City. it is
necessarv that the affected contract be continued for
a limited duration (not to exceed a period of six (6)
months) in order for the Citv to obtain a
replacement vendor.
ill Full Disclosure.
Any grant of a waiver or limited waiver by the City
Commission must first be supported with a full
disclosure of the subiect campaign contribution,
k lmolementation,
The Citv Manager is authorized to adopt additional
procurement procedures for goods. equipment or
services to implement this section. These
procedures shall provide for the assemblv.
8
Ordinance No, 2005--
Page 9
maintenance and posting of an official Citv vendor
list as referenced herein.
.Q, Penaltv.
The Ethics Commission created pursuant to Miami-
Dade Countv Ordinance 97-105. shall have primary
iurisdiction for enforcement of this Section 2-420 of
the Citv Code. A finding by the Ethics Commission
that a person violated this section. shall subiect such
person to an admonition or public reprimand and/or
a fine of $250,00 for the first such violation. and
$500,00 for each subsequent violation.
.!;, Aoolicabilitv,
This section shall be applied onlv prospectively to
campaign contributions which are made after the
date of adoption of this section.
Section 4.
Severability. That the provisions of this Ordinance are declared to
be severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 5.
Penalty.
That Section 2 of the Ordinance shall be subject to
enforcement pursuant to City Code Section 2-394; and Section 3 of this Ordinance shall
be subject to enforcement as provided in new Section 2-420(D) as provided therein
above,
Section 6.
Inclusion in the Code.
That it is the intention of the City
Commission, and it is hereby ordained that the provisions of this Ordinance shall become
and be made a part of the Code of the City of Aventura; that the sections of this
9
Ordinance No. 2005--
Page 10
Ordinance may be renumbered or relettered to accomplish such intentions; and that the
word "Ordinance" shall be changed to "Section" or other appropriate word.
Section 7. Effective Date. That upon adoption on second reading this Ordinance
shall be effective immediately and shall be applied prospectively only,
The foregoing Ordinance was offered by Commissioner Weinberg, who moved its
adoption on first reading, This motion was seconded by Vice Mayor Auerbach, and upon
being put to a vote, the vote was as follows:
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stem
Commissioner Luz Urbàez Weinberg
Vice Mayor Zev Auerbach
Mayor Susan Gottlieb
yes
yes
yes
yes
yes
yes
yes
The foregoing Ordinance was offered by Commissioner
who moved its adoption on second reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stem
Commissioner Luz Urbàez Weinberg
Vice Mayor Zev Auerbach
Mayor Susan Gottlieb
PASSED AND ADOPTED on first reading this 6th day of September, 2005.
10
Ordinance No. 2005--
Page II
PASSED AND ADOPTED on second reading this _day of October, 2005.
Susan Gottlieb, Mayor
ATTEST:
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
!'4~~
City Attorney
11
Published Dailv
MIAMI, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally appeared:
MARIA ANGEL
Who on oath that she is
ADVERTISING OFFICE MANAGER
Of the Miami Herald Publishing Company, a daily newspaper at Miami in Dade County,
Florida; that the advertisement for:
C! r7 tJ P /f-l/c"A.JrV /1,4-
was published in said newspaper in the issue of:
II A- J 7hf/r501uy
5-epf 79, ZtltJS'-
Affiant further says that the Miami Herald is a newspaper published at Miami, in the said
Dade County, Florida, and that the said newspaper has heretofore been continuously
published in said Dade County, Florida, each day and has been entered as second class
mail matter at the post office in Miami, in said Dade County, Florida, for a period of one
year next preceding the first publication of the attached copy of advertisement.
~ ~ c-. U
M RIA ANGEL
-.,.-.................,
LJ~A j :.:.I~NANDEZ :
CornmI OD0382311 :
_2111_ l
......~1.- ..
- _....
Sworn to and subscribed before me
This 2 day of ~tc; b-ilL
L- ~ ;k~~.~
LISA ANN HERNANDEZ - J
A.D. 2005
-.T--r-
T"T-
T
..@..i.~.,.?;.i:.:..':':'.'..
"U'
?: ' ,,~
>~ 0; of E"C.u/'
CITY OF AVENTURA
NOTICE OF HEARING OF LOCAL
PLANNING AGENCY AND NOTICE OF
AMENDMENT OF THE CITY'S LAND
DEVELOPMENT REGULATIONS
Public Notice is hereby given that the Aventura City
Commission, sitting as the City of Aventura Local Planning
Agency will meet in a public hearing on Tuesday, October 11,
2005 at 6:00 p.m. to consider adoption of the following
Ordinance:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA AMENDING SECTION 31-21 "DEFINITIONS"
OF THE CITY'S LAND DEVELOPMENT REGULATIONS
TO INCLUDE A DEFINITION OF "GROSS LEASABLE
AREA"; AMENDING SECTION 31-144(C)
"COMMUNITY BUSINESS (B2) DISTRICT" OF THE
CITY'S LAND DEVELOPMENT REGULATIONS TO
AMEND THE REGULATIONS REGARDING MINIMUM
LANDSCAPED OPEN SPACE FOR SHOPPING
CENTERS CONSISTING. OF MORE THAN 1,000,000
SQUARE FEET DUE TO THE UNIQUE
CHARACTERISTICS OF THESE CENTERS;
AMENDING SECTION 31-171 "OFF-STREET PARKING
AND LOADING STANDARDS" OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO AMEND THE
REGULATIONS FOR PARKING REQUIREMENTS FOR
SHOPPING CENTERS CONSISTING OF MORE THAN
1,000,000 SQUARE FEET OF GROSS LEASABLE AREA
DUE TO THE UNIQUE AND SPECIAL DEMANDS OF
THESE LARGER CENTERS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
Immediately following the Local Planning Agency meeting,
the City Commission of the City of Aventura, as the governing
body, will consider at a public hearing, as first reading,
adoption of the above described Ordinance.
The above described Public Hearings will be heid
commencing at 6:00pm on Tuesday, October 11, 2005, at
City of Aventura Government Center, 19200 West Country
Club Drive, Aventura, Florida, 33180. The' proposed
Ordinance may be inspected by the public at the Office of the
City Clerk, 19200 West Country Club Drive, Aventura, Florida.
Interested parties may appear at the Public Hearing and be
heard with respect to the proposed Ordinance.
In accordance with the Americans with Disabilities Act of
1990, all persons who are disabied and who need special
accommodations to participate in this proceeding because of
that disability shouid contact the Office of the City Clerk,
(305) 466-8901, not later than two business days prior to
such proceedings.
If a person decides to appeal any decision made by the City
Commission, as Local Planning Agency or as the governing
body, with respect to any matter considered at a meeting or
hearing, that person 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.
Teresa M. Soroka, MMC, City Clerk
^ ------.....-.--.. -..-..--.-y--.....T-...- .-.---.......,. - -r-r-
""r
_m-Y--T-
- -....---...'T - T'""T--
I /'~[~~;;~~~]~\
;;:3$! j;;:;:
.~
.... .'
."",. ......c:
c"'b.- of E:S:cC{\C
. CITY OF AVENTURA
NOTICE OF HEARING OF LOCAL
PLANNING AGENCY
AND NOTICE OF APPLICATIONS
FOR AMENDMENT
TO OFFICIAL ZONING MAP
Public Notice is hereby given that the City of Aventura Local
Planning Agency will meet in a public hearing on Tuesday,
October 11, 2005 at 6:00 p.m. to make a recommendation
regarding the adoption of the following Ordinance:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF AVENTURA BY AMENDING. THE ZONING
DESIGNATION FOR A 0.51 ACRE PARCEL OF LAND
LOCATED ON NE 34 AVENUE AT NORTH COUNTRY
CLUB DRIVE, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT A. FROM CF. COMMUNITY FACILITIES
DISTRICT TO RS2, RESIDENTIAL SINGLE FAMILY
DISTRICT; AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF AVENTURA BY AMENDING THE ZONING
DESIGNATION FOR TWO PARCELS OF SUBMERGED
LAND TOGETHER MEASURING 5.39 ACRES MORE OR
LESS LOCATED SOUTH OF NE 207 STREET AND EAST
OF NE 34 AVENUE, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT B. FROM RMF4. MULTIFAMILY
HIGH DENSITY RESIDENTIAL DISTRICT TO CNS,
CONSERVATION DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
Immediately following the Local Planning Agency meeting, the
City Commission of the City of Aventura, as the governing body,
will consider at a public hearing adoption of the Ordinance.
The Public Hearing will be held at City of Aventura Government
Center, 19200 West Country Club Drive, Aventura, Aorida,
, 33180. The proposed Ordinance may be inspected by the public
at the Office of the City Clerk, 19200 West Country Club Drive,
Aventura, Florida. Interested parties may appear at the Public
Hearing and be heard with respect to the proposed Ordinance.
In accordance with the Americans with Disabilities Act of 1990,
all persons who are disabled and who need special
accommodations to participate in this proceeding because of
that disability should contact the Office of the City Clerk, (305)
466-8901, not .Iater than two business days prior to such
proceedings.
If a person decides to appeal any decision made by the City
Commission with respect to any matter considered at a meeting
or hearing, that person 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.
Teresa M. Soroka, MMe, City Clerk
.~
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
SOOKIE WILLIAMS, who on oath says that he or she is the
VICE PRESIDENT, Legal Notices of the Miami Daily Business
Review flk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA" PROPOSED ORDINANCE - 10/11/2005
ORDINANCE AMENDING ARTICLE VII 'CODE OF ETHICS", ETC.
in the XXXX Court,
was published in said newspaper in the issues of
09/09/2005
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any ount, rebate, commission or refund for the purpose
of s cu ng this advertisement for publication in the said
ne sp er.
Sworn to and subscribed before me this
~I7))
(SEAL)
~ 2005
,)
SOOKIE WILLIAMS personally known to me
...... it\. Maria I Mesa
. ~; My Commissoon 00293855
~........ Expif8s Ma<<:t1 04, 2008
.
'\:~.,PY
CITY OF AVDn'URA
PUBLIC N01'ICIl OF PROPCItID OIIDINANCB
NOTICE IS HEREBY GIVEN that on Tuesday, the tlt1tday of Octobar,
2005 at a meating of the City Commission of the CiIy.!>IAventura, to ba
held at 6:00 p.m. in the Commission Chamber at A_J8 Government
Cantar, 19200 West CountJy Club Driva, A-. ~ the City
Commission will ooneidef the adoption 01 the. ~ 0rdInan0e on
second reading, entiUed:
, ',:"",~.
AN ORDINANCE OF THE CITY OF AVENTIlRA, fLc)RIDA,
AMENDING THE CITY CODE BY AM~.. VII
"CODE OF ETltICS" OF CHAPTER 2 "~i1ON"
BY AMENDING SECllON 2_ "fIl~,.Ent.cS
STANDARDS, PROHIBmONS AND~. . " AT
PARAGRAPH (C) "FURTHER. ON
TRANSAC1!ONS" BY RENUMBERING AND' . - G Ell- .
ISTlNG su'BPAIlAGRAPH 00) TO BE suBP~ (Iv)
AND BY CIlI!ATING A N~SU~AIIAQMPH 011) TO
PROHIBIT INVOI."-llTOFetn'~RSAND
EMPLOYEES IN CERTAIN 1Ift....,_..~AND.. CERTA"
REAL ESTATE~TING
ARTICLE IX 'c " OF
CHAPTER 2 "AIlMtNISTRATION" OF THE CITY CODE, BY
CREATING SECTION- ~' "PROHIIlfTED8AMPAlGN
CONI18I1lONS FIIOM V&alAS", 10 C1EATE I'ESl1'IIc.
110NS UPON THE __ OR RECEIPT OP'POUIlCAL
CA....AIGN CONTRIIlUTIall8 FIIOMOR WIIlCIf ME DE-
LIVERED, SOUCITED OR PROVIDED BY VENDORS OF THE
CITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR
SEVl!IlABIUrY; PIIOVIIlIN/J .FOR PENALTY; ~
FOR INCLlISlON IN CODe! AND PRO~ J'OR- AliI. i!F'
FetmEDATE,' -.' ,
The proposed Ordinance may be" -"'<l by the pubic at tMOIft'ce of
the City Clark; 19200 West CountIY' Club Drive, A........., _.
Interestad parties may appear at the Public Heal1ng 8I1!l be Ii8ard with
respect to the proposed Ordinance. AIry person wishing 10 address the
City Commission on any itam at tills Public Hearing may do 80 after the
Mayor opens the public hearing.
In aooordance with the Americans with DisabiIItiao.Ad 01 lll9O, all
persons who are disabled and who need specIaIllCCOI_ns to
participate in this proceeding because of II1at disability _ contacl the
Office of the City Clerk, 305-466-8901, not later than _llUtlIneSS days
prior to such proceedings.
If a person _ to appe8/ any _Ion made by the City Commission
with respect to any mattar cons_ at a meating or hearing, that person
will need a record of the proceodlngs and, for such purpGM, may need to
ensure that a verbatim recprd of the proceedings is. made, which record
includes the testimony and evidence upon which the appeal is to be
based.
919
Teresa M. Soroka, MMC City Clark
05-4-43I584240M