The URL can be used to link to this page

06-09-2020 Regular Commission Meeting AgendaCity Commission Enid Weisman, Mayor Howard Weinberg, Vice Mayor Denise Landman, Commissioner Dr. Linda Marrs, Commissioner Gladys Mezrahi, Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner City Manager Ronald J. Wasson City Clerk Elllisa L. Horvath, MMC City Attorney Weiss Scrota Hellman Cole & Bierman CITY COMMISSION MEETING AGENDA June 9, 2020 6:00 p.m. Via Virtual Communications Media Technology This meeting shall be held via virtual communications media technology enabled by the Governor's Executive Order 2020-69, extended through Executive Orders 20-112 and 20-123. Because of COVID-19, and the need to ensure the public health, safety and welfare, this meeting will be conducted remotely via Zoom. Due to the on -going state of emergency and the recommendations from all public health authorities, the City of Aventura recommends that all persons view and participate in the meeting through electronic means. Members of the public wishing to access the meeting, please do so as follows: Join the Zoom Meeting from your computer, tablet, or smartphone at- Zoorn.us/join Meeting ID: 889 8287 0924 You can also dial in using your phone to the any of the following numbers: +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) +1 253 215 8782 US +1 301 715 8592 US Meeting ID: 889 8287 0924 Members of the public will be able to provide comments via audio when directed by the Mayor to do so. Please tap the screen on your cellphone or tablet, or move your mouse on your computer, to view an option to raise your hand. Tap or click on the "raise hand" icon displayed to raise your hand to speak. Callers must press *9 to raise your hand to speak. The City Clerk will notify the Mayor there are public comments and will notify you when it is your turn to speak by turning your microphone on. Speakers will be provided three minutes to provide comments. Comments can also be provided via email to the City Clerk at cityclerk@cityofaventura.com by 5,00 p.m. on the date of the meeting. Comments received will be read into the record and are limited to three minutes. Please list the item you are providing a comment for in your email. City ConHnission ]Enid Weisman, Mayor Howard Weinberg, Vice Mayor Denise Landman, Commissioner Dr. Linda Marlys, Commissioner Gladys Mezrahi, Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner City Manager Ronald J. Wasson City Clerk ]Ellllisa L. Horvath, MMC City Attorney Weiss Scrota Heltman Cole & Bierman CITY COMMISSION MEETING AGENDA June 9, 2020 6:00 p.m. Via Virtual Communications Media Technology 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. SPECIAL PRESENTATIONS: None. 5. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. If the public wishes to speak on a matter on the consent agenda they must inform the City Clerk prior to the start of the meeting. They will be recognized to speak prior to the approval of the consent agenda. A. APPROVAL OF MINUTES: • May 1, 2020 Special Commission Workshop Meeting • May 5, 2020 Regular Commission Meeting • May 14, 2020 Special Commission Meeting • May 14, 2020 Regular Commission Workshop Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. C. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $9,000 FOR SWAT TEAM EQUIPMENT FROM THE POLICE FEDERAL FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ADOPTING A POLICY TO ESTABLISH AN ANNUAL COLLEGE SCHOLARSHIP IN AN AMOUNT OF AT LEAST $2,500 FOR A STUDENT RESIDING IN AVENTURA GRADUATING FROM DON SOFFER AVENTURA HIGH SCHOOL; PROVIDING FOR THE ALLOCATION OF FUNDS AND THE SELECTION PROCESS; AUTHORIZING THE CITY MANAGER TO DO ALL Aventura City Commission Meeting Agenda June 9, 2020 THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SUPPORTING EFFORTS TO COMBAT CYBER CRIMES WHICH HAVE FURTHER ARISEN DURING THE COVID-19 PANDEMIC; SUPPORTING THE EFFORTS OF LAW ENFORCEMENT TO COMBAT ALL FORMS OF CYBER CRIMES; AND PROVIDING FOR AN EFFECTIVE DATE. F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, CONDEMNING BIAS AND HATEFUL SPEECH AND CONDUCT RELATED TO THE COVID-19 PANDEMIC; SUPPORTING AND JOINING THE EFFORTS OF THE ADL TO COMBAT ALL FORMS OF HATRED AND INTOLERANCE; AND PROVIDING FOR AN EFFECTIVE DATE. G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR RFP NO.20-03-06- 3, SCHOOL UNIFORMS FOR AVENTURA CITY OF EXCELLENCE SCHOOL (ACES), TO IBILEY UNIFORM, INC. IN ACCORDANCE WITH THE RFP DOCUMENT; 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; AND PROVIDING FOR AN EFFECTIVE DATE. H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 20-04-20- 3, N.E. 190TH STREET MILLING & RESURFACING, TO H & R PAVING, INC. AT THE BID PRICE OF $385,593.92; 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. L A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE PERFORMING ARTS CENTER AUTHORITY FOR MANAGEMENT, PROGRAMMING AND OPERATIONAL SUPPORT SERVICES FOR THE AVENTURA ARTS & CULTURAL CENTER; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. J. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 20-05-28- 3, DSAHS WATER MAIN RELOCATION, TO MARCDAN, INC. AT THE BID PRICE OF $144,590; 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. Page 2 of 5 Aventura City Commission Meeting Agenda June 9, 2020 K. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, REQUESTING MIAMI-DADE COUNTY MAYOR CARLOS A. GIMENEZ AND THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, TO TRANSFER CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY (CARES) ACT DIRECT FEDERAL FUNDS RECEIVED BY MIAMI-DADE COUNTY ("COUNTY") TO THE CITY OF AVENTURA ("CITY") AND TO OTHER UNITS OF LOCAL GOVERNMENT WITHIN THE COUNTY BASED ON POPULATION AND RATES OF COVID-19 CASES; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN; AND PROVIDING FOR AN EFFECTIVE DATE. L. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING A CONTRACT FOR THE CITY'S PROPERTY, GENERAL LIABILITY, AUTOMOBILE LIABILITY AND PHYSICAL DAMAGE AND WORKERS' COMPENSATION INSURANCE TO FLORIDA MUNICIPAL INSURANCE TRUST; AUTHORIZING THE CITY MANAGER, ON BEHALF OF SAID CITY, TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. M. 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 KEEFE MCCULLOUGH; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. N. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, CONDEMNING BIAS AND DISCRIMINATION ON THE BASIS OF RACE, ETHNICITY AND RELIGION; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN; AND PROVIDING FOR AN EFFECTIVE DATE. 6. ZONING HEARINGS - QUASI-JUDICIAL PUBLIC HEARINGS: Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items, please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross- examination. If you refuse either to be cross-examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO ALLOW THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES AT A COCKTAIL LOUNGE -BAR AREA WITHIN JARANA RESTAURANT LOCATED AT 19505 BISCAYNE BOULEVARD, SUITE E150, IN THE ESPLANADE AT AVENTURA DEVELOPMENT, CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION Page 3 of 5 Aventura City Commission Meeting Agenda June 9, 2020 31-144(C)(2)i. OF THE CITY CODE FOR AN INCREASED HEIGHT OF 12 STORIES OR 200 FEET, WHERE THE CITY CODE PERMITS A MAXIMUM HEIGHT OF 12 STORIES OR 120 FEET; GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-144(C)(2)M. OF THE CITY CODE TO PERMIT A FLOOR AREA RATIO OF 1.99, WHERE THE CITY CODE PERMITS A MAXIMUM FLOOR AREA RATIO OF 1.61, FOR THE DEVELOPMENT OF AN OFFICE AND BANK BUILDING LOCATED AT 3050 AVENTURA BOULEVARD IN THE CITY; PROVIDING FOR RECORDATION; AND PROVIDING FOR AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A VARIANCE FROM SECTION 31-1916)(2)b. OF THE CITY CODE FOR A SECONDARY WALL SIGN AT 18909 NE 29 AVENUE, CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. 7. ORDINANCES - FIRST READING/PUBLIC HEARINGS: None. 8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: A. CITY COMMISSION, IN ITS CAPACITY AS THE AVENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2019-08, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2019/2020 (JULY 1 — JUNE 30) BY REVISING THE 2019/2020 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 42 "STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES," OF THE CITY CODE BY AMENDING ARTICLE 1 "IN GENERAL," CREATING SECTION 42-1 "CONSTRUCTION OF PUBLIC UTILITIES OR WORKS IN PUBLIC RIGHTS - OF -WAY; CONSTRUCTION OF PAVING AND DRAINAGE ON PRIVATE PROPERTY — PERMIT REQUIRED; EFFECT OF INSTALLATION OF CITY UTILITY; EXEMPTION"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. C. CITY COMMISSION, IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2019-09, WHICH ORDINANCE ADOPTED THE DON SOFFER AVENTURA HIGH SCHOOL BUDGET FUND 191 FOR FISCAL YEAR 2019/2020 (JULY 1 — JUNE 30) BY REVISING THE 2019/2020 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. Page 4 of 5 Aventura City Commission Meeting Agenda June 9, 2020 9. RESOLUTIONS/PUBLIC HEARINGS: A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, AMENDING RESOLUTION 96-38 WHICH ADOPTED A FEE SCHEDULE FOR BUILDING PERMITS AND WHICH RESOLUTION WAS AMENDED BY RESOLUTION NO.98- 28, RESOLUTION NO.2000-24, RESOLUTION NO.2009-45 AND RESOLUTION NO. 2019-22; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None. 13. ADJOURNMENT FUTURE MEETINGS Meeting dates, times, and location are subject to change. Please check the City's website for the most current schedule. Meetings will be held either at the City of Aventura Government Center (19200 West Country Club Drive, Aventura) or via virtual communications media technology as designated on the applicable agendas. Please monitor the City's website for procedural changes necessitated by the COVID-19 emergency. COMMISSION REGULAR WORKSHOP - JUNE 18, 2020 AT 9 AM COMMISSION REGULAR MEETING - JULY 7, 2020 AT 6:00 P.M. COMMISSION REGULAR WORKSHOP - JULY 16, 2020 AT 9 AM 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 or cityclerk@cityofaventura.com, not later than two days prior to such proceedings. One or more members of the City of Aventura Advisory Boards may participate in the meeting. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items are available online at cityofaventura.com for viewing and printing, or may be requested through the Office of the City Clerk at (305) 466-8901 or cityclerk@cityofaventura.com. Page 5 of 5 CITY OF "ENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: City Commission FROM: Ellisa L. Horvath, MMC, City Clerk DATE: June 5, 2020 SUBJECT: Approval of Minutes June 9, 2020 City Commission Meeting Agenda Item 5A RECOMMENDATION It is recommended that the City Commission approve the attached minutes, as provided by the City Clerk, for the Commission meetings held in May 2020. BACKGROUND Meetings were held and minutes have been provided for Commission approval for the following: • May 1, 2020 Special Commission Workshop Meeting • May 5, 2020 Regular Commission Meeting • May 14, 2020 Special Commission Meeting • May 14, 2020 Regular Commission Workshop Meeting Should you have any questions, please contact me. /elh attachments ct %t` AVENTURA CITY COMMISSION SPECIAL WORKSHOP MEETING MINUTES MAY 1, 2020 3:00 P.M. Virtual Meeting Via Video Conferencing The following meeting was held via video conferencing through Zoom, as specified on the meeting agenda and enabled by the Governor's Executive Order 2020-69 (extended through Executive Order 20-112), as a result of the state of emergency due to COVID- 19. 1. Call to Order/Roll Call: The meeting was called to order by Mayor Enid Weisman at 3:05 p.m. The following were present: Mayor Enid Weisman, Vice Mayor Marc Narotsky, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi, Commissioner Robert Shelley, Commissioner Howard Weinberg, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. Aventura High School Senior Recognition Car Parade (Mayor Weisman): Mayor Weisman explained former Commissioner Michael Stern's request for a parade for high school graduating seniors residing in Aventura. The Commission discussed the logistics of the parade route, items that could be provided to each senior in the parade, limiting the amount of participant cars, and community outreach via social media and advising the school principals. Michael Stern, former Aventura Commissioner and Aventura resident, thanked the Commission for supporting the parade and reviewed the details involving cars with high school seniors circling Country Club Drive twice, with the assistance of the Aventura Police Department, as well as handling the evite and rsvp responses. Police Chief Bryan Pegues provided comments on the parade route and limiting the number of vehicles. Mr. Wasson explained ways the City would provide information on the event including a press release, use of electronic signs, social media, and advising the condominium managers. Commissioner Weinberg reported that the items provided for the seniors would be paid for via a donation. Aventura City Commission Special Workshop Meeting Minutes — May 1, 2020 City Manager Summary: It was the consensus of the City Commission to proceed with the parade for high school seniors residing in Aventura on May 14, 2020 at 6:00 p.m., pursuant to Mr. Wasson's memorandum and as discussed. Members of the Commission who are able to attend will distribute the discussed items to the seniors in their cars, prior to the parade starting. 3. Adiournment: There being no further business to come before the Commission, the meeting was adjourned by consensus at 3:49 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on June 9, 2020. Page 2 of 2 • AVENTURA CITY COMMISSION REGULAR MEETING MINUTES MAY 5, 2020 6:00 P.M. Virtual Meeting Via Video Conferencing 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6.00 p.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Marc Narotsky, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi, Commissioner Robert Shelley, Commissioner Howard Weinberg, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. Mayor Weisman provided a statement regarding the virtual format of the meeting held via video conferencing through Zoom, as specified on the meeting agenda and enabled by the Governor's Executive Order 2020-69, as a result of the state of emergency due to COVID-19. Members of the public were given instructions for providing comments. 2. PLEDGE OF ALLEGIANCE: The Pledge was led by Mayor Weisman. 3. ELECTION OF VICE MAYOR: Following a nomination made by Commissioner Shelley and unanimously approved by roll call vote, Commissioner Gladys Mezrahi was selected to serve as Vice Mayor for the next six months. 4. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: Following a request by Mr. Wasson and unanimous approval, an item was added for legal counsel to request an Executive Session. Alan Kluger formally requested the scheduling of an Attorney-Client Session for City of Aventura v. School Board of Miami- Dade County. Mr. Wasson will coordinate the scheduling of the session, which Mayor Weisman and Commissioner Landman will not attend, based on their recusal on the matter. Following a request by Mayor Weisman and unanimous approval, an update by the City Manager was added under Special Presentations. 5. SPECIAL PRESENTATIONS: • City Manager Coronavirus (COVID-19) Update: Mr. Wasson reported on the operations of City departments, the mental health hotline, the COVID- 19 testing site, and the census. Discussion was held on additional community outreach ideas to increase the response to the census. Aventura City Commission Regular Meeting Minutes May 5, 2020 6. CONSENT AGENDA: There were no requests from the public to address the Commission. Item F was removed from the agenda by Commissioner Dr. Marks for discussion. A motion to approve the remaining items on the Consent Agenda was offered by Commissioner Shelley, seconded by Vice Mayor Mezrahi, and passed unanimously by roll call vote. The following action was taken: A. Minutes approved as follows: • April 6, 2020 Regular Commission Meeting • April 23, 2020 Special Commission Meeting • April 23, 2020 Regular Commission Workshop Meeting B. Resolution No. 2020-26 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA ARTS AND CULTURAL CENTER ADVISORY BOARD FOR A TWO- YEAR TERM; AND PROVIDING FOR AN EFFECTIVE DATE. C. Resolution No. 2020-27 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 AUDITOR SELECTION COMMITTEE OR ITS DESIGNEE TO NEGOTIATE FOR SAID SERVICES ON BEHALF OF THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. D. Resolution No. 2020-28 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 20-03-19- 3, CITY OF AVENTURA MAINTENANCE AND REPAIR FOR CITY STREETS AND FACILITIES, TO STONE CONCEPT MIAMI INC., METRO EXPRESS INC., THE PAVING LADY, WEEKLEY ASPHALT PAVING INC., AND ALL COUNTY PAVING AT THE INDIVIDUAL BID PRICES AS CONTAINED IN EXHIBIT "A" ATTACHED; 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. E. Motion approved as follows: MOTION TO APPROVE ANNUAL APPROPRIATION FOR SCHOLARSHIP AWARD TO KROP HIGH SCHOOL STUDENT. Page 2 of 8 Aventura City Commission Regular Meeting Minutes May 5, 2020 F. Removed for discussion: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 20-03-27- 3, YACHT CLUB DRIVE SEAWALL REPAIRS, TO SHORELINE FOUNDATION, INC. AT THE BID PRICE OF $448,885.00; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. G. Motion approved as follows: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $10,000 FOR CRIME PREVENTION PROGRAMS, EQUIPMENT, AND TRAINING FROM THE POLICE STATE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. H. Resolution No. 2020-30 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SUPPORTING THE POSITION OF THE MIAMI-DADE COUNTY LEGISLATIVE DELEGATION ("DELEGATION") THAT THE STATE OF FLORIDA AND ALL APPLICABLE LEGISLATIVE AND EXECUTIVE OFFICIALS TAKE ANY AND ALL MEASURES NECESSARY TO ALLOW APPLICANTS TO APPLY FOR REEMPLOYMENT BENEFITS RETROACTIVE TO THE DATE THE APPLICANT LOST HIS/HER JOB FOLLOWING THE DECLARATION OF A STATE OF EMERGENCY BY GOVERNOR DESANTIS DUE TO COVID-19; FURTHER SUPPORTING ALL REEMPLOYMENT MEASURES RECOMMENDED BY THE DELEGATION IN ITS LETTER DATED APRIL 7, 2020 TO GOVERNOR DESANTIS; AND PROVIDING FOR AN EFFECTIVE DATE. ITEM 6F: Mr. Wolpin read the following Resolution title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 20-03-27- 3, YACHT CLUB DRIVE SEAWALL REPAIRS, TO SHORELINE FOUNDATION, INC. AT THE BID PRICE OF $448,885.00; 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. A motion for approval of the Resolution was offered by Commissioner Landman and seconded by Commissioner Dr. Marks. Mr. Wasson explained the bid and selection process for the item. Page 3 of 8 Aventura City Commission Regular Meeting Minutes May 5, 2020 Mayor Weisman opened the item for public comment. Mrs. Horvath provided directions for members of the public to provide comments. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Resolution passed unanimously, by roll call vote, and Resolution No. 2020-29 was adopted. Following a request by Mayor Weisman, reports from both schools were provided as follows: • Aventura City of Excellence School Update: Principal Tyrkala provided a report on the school, including the virtual learning process. • Don Soffer Aventura High School Update: Principal McKnight provided a report on the high school, including the virtual learning process. 7. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: None. 8. ORDINANCES - FIRST READING — PUBLIC HEARINGS: Mr. Wolpin read the following ordinance by title: A. CITY COMMISSION, IN ITS CAPACITY AS THE AVENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2019-08, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2019/2020 (JULY 1 — J[JNE 30) BY REVISING THE 2019/2020 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Narotsky and seconded by Commissioner Shelley. Mr. Wasson explained the amendments to the ACES budget. Mayor Weisman opened the public hearing. Mrs. Horvath provided directions for members of the public to provide comments. There being no comments, Mayor Weisman closed the public hearing. The motion for approval of the Ordinance passed unanimously, by roll call vote, on first reading. Page 4 of 8 Aventura City Commission Regular Meeting Minutes May 5, 2020 Mr. Wolpin read the following ordinance by title- B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 42 "STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES," OF THE CITY CODE BY AMENDING ARTICLE 1 "IN GENERAL," CREATING SECTION 42-1 "CONSTRUCTION OF PUBLIC UTILITIES OR WORKS IN PUBLIC RIGHTS - OF -WAY; CONSTRUCTION OF PAVING AND DRAINAGE ON PRIVATE PROPERTY — PERMIT REQUIRED; EFFECT OF INSTALLATION OF CITY UTILITY; EXEMPTION"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Weinberg and seconded by Commissioner Landman. Mr. Wasson explained the item. Mayor Weisman opened the public hearing. Mrs. Horvath provided directions for members of the public to provide comments. There being no comments, Mayor Weisman closed the public hearing. The motion for approval of the Ordinance passed unanimously, by roll call vote, on first reading. 9. ORDINANCES - SECOND READING/PUBLIC HEARINGS: Mr. Wolpin read the following Ordinance title: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING CHAPTER 4, ALCOHOLIC BEVERAGES, OF THE CITY'S CODE OF ORDINANCES, BY AMENDING SECTION 4-2, LOCATION OF ESTABLISHMENTS, TO CLARIFY APPLICABILITY AND TO REVISE EXCEPTIONS; AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 31-171, OFF STREET PARKING, LOADING AND DRIVEWAY STANDARDS, TO ADD REGULATIONS FOR ELECTRIC VEHICLE CHARGING STATIONS AND SPACES; AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTIONS 31-143, RESIDENTIAL ZONING DISTRICTS, SECTION 31-144, BUSINESS ZONING DISTRICTS AND SECTION 31-145, TOWN CENTER ZONING DISTRICTS TO CLARIFY APPLICABILITY OF CONDITIONAL USES; AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 31-21, DEFINITIONS, TO CLARIFY DEFINITION OF ACCESSORY USE; AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 31-191, SIGN REGULATIONS GENERALLY, BY AMENDING SECTION 31-191(F) TO REVISE AND ADD PROHIBITED SIGNS, BY AMENDING SECTION 31-191(J) TO ADD WALL SIGNS FOR ASSISTED LIVING FACILITIES; AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 31-221, LANDSCAPING REQUIREMENTS TO ADD A DEFINITION AND REGULATION FOR USE OF ARTIFICIAL TURF; AMENDING CHAPTER 31, LAND Page 5 of 8 Aventura City Commission Regular Meeting Minutes May 5, 2020 DEVELOPMENT REGULATIONS, BY AMENDING SECTION 31-147, COMMUNITY FACILITIES DISTRICT, SECTION 31-148, RECREATION/OPEN SPACE DISTRICT AND SECTION 31-149, UTILITIES DISTRICT, TO REVISE PERMITTED SIZE OF ABOVE GROUND FUEL STORAGE TANKS FOR EMERGENCY GENERATORS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Vice Mayor Mezrahi and seconded by Commissioner Shelley. Community Development Director Joanne Carr provided information on the item in response to questions from the Commission. Mayor Weisman opened the public hearing. Mrs. Horvath provided directions for members of the public to provide comments. There being no comments, Mayor Weisman closed the public hearing. The motion for approval of the Ordinance on second reading passed unanimously, by roll call vote, and Ordinance No. 2020-03 was adopted. Mr. Wolpin read the following Ordinance title- B. CITY COMMISSION, IN ITS CAPACITY AS THE AVENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2020/2021 (JULY 1 — J[JNE 30), 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 of the Ordinance was offered by Commissioner Narotsky and seconded by Commissioner Shelley. Mr. Wasson provided comments on the item. Mayor Weisman opened the public hearing. Mrs. Horvath provided directions for members of the public to provide comments. There being no comments, Mayor Weisman closed the public hearing. The motion for approval of the Ordinance on second reading passed unanimously, by roll call vote, and Ordinance No. 2020-04 was adopted. Page 6 of 8 Aventura City Commission Regular Meeting Minutes May 5, 2020 Mr. Wolpin read the following Ordinance title- C. CITY COMMISSION, IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED DON SOFFER AVENTURA HIGH SCHOOL BUDGET FUND 191 FOR FISCAL YEAR 2020/2021 (JULY 1 — JUNE 30), 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 of the Ordinance was offered by Commissioner Landman and seconded by Vice Mayor Mezrahi. Mr. Wasson explained the adjustments made to the budget, in response to direction provided at the first reading. Rachel Windler-Freitag, Charter Schools USA South Florida Area Director, provided information in response to questions on job postings. Mayor Weisman opened the public hearing. Mrs. Horvath provided directions for members of the public to provide comments. There being no comments, Mayor Weisman closed the public hearing. The motion for approval of the Ordinance on second reading passed unanimously, by roll call vote, and Ordinance No. 2020-05 was adopted. 10. RESOLUTIONS/PUBLIC HEARINGS: None. 11. REPORTS: Commissioner Weinberg provided an update on the parade scheduled for May 14t" to recognize this year's high school graduates residing in Aventura. Commissioner Shelley discussed the work of the Auditor Selection Committee and the approval of the related item on the Consent Agenda. 12. PUBLIC COMMENTS: Mr. Wolpin provided information on the process for public comments. Mrs. Horvath provided directions for members of the public to provide comments. The following members of the public provided comments: Rachel Friedland (21019 N.E. 38t" Avenue, Aventura) and Yvonne Llauger (Aventura). 13. OTHER BUSINESS: None. Page 7 of 8 Aventura City Commission Regular Meeting Minutes May 5, 2020 14. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Narotsky, seconded by Commissioner Landman, and unanimously approved; thus, adjourning the meeting at 7:27 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on June 9, 2020. Page 8 of 8 q %t` AVENTURA CITY COMMISSION SPECIAL MEETING MINUTES MAY 14, 2020 9:00 A.M. Virtual Meeting Via Video Conferencing 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 9.03 a.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Gladys Mezrahi, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner Howard Weinberg, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. Mayor Weisman provided a statement regarding the virtual format of the meeting held via video conferencing through Zoom, as specified on the meeting agenda and enabled by the Governor's Executive Order 2020-69 (extended through Executive Order 20- 112), as a result of the state of emergency due to COVID-19. Members of the public were given instructions for providing comments. 2. REQUEST FOR A MOTION TO RECONSIDER THE SELECTION OF THE VICE MAYOR, AND IF THE MOTION IS ADOPTED, CONSIDERATION OF A NEW MOTION TO SELECT A VICE MAYOR: Mayor Weisman explained the reasoning behind placing the item on the agenda, based on the possibility that the correct order of who should serve as Vice Mayor next had not been followed. Mr. Wolpin provided information on the procedure to follow regarding a motion to reconsider. A motion to reconsider the selection of the Vice Mayor was offered by Mayor Weisman and seconded by Commissioner Landman. The Commission discussed the list of prior Vice Mayors and who was deemed to be next on the current Commission to serve in that capacity. Mrs. Horvath provided information based on the list of former Vice Mayors. The motion to reconsider passed (6-1), by roll call vote, with Commissioner Mezrahi voting no. A motion nominating Commissioner Weinberg to serve as Vice Mayor was offered by Commissioner Shelley, seconded by Commissioner Dr. Marks, and passed unanimously, by roll call vote. Aventura City Commission Special Meeting Minutes May 14, 2020 3. ZONING HEARINGS — QUASI-JUDICIAL PUBLIC HEARINGS: Mr. Wolpin reviewed and entered the quasi-judicial procedures into the record and read the following Resolution by title- RESOLUTIONS/PUBLIC HEARINGS: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA MODIFYING THE APPROVAL GRANTED THROUGH RESOLUTION NO. 2014-53, TO INSTALL LED CHANGEABLE COPY PANELS ON THE EASTERLY FACE OF THE COMMERCIAL ADVERTISING SIGN LOCATED AT THE SOUTHWEST CORNER OF BISCAYNE BOULEVARD AND NE 203 STREET (IVES DAIRY ROAD) AND TO EXTEND THE EXPIRY DATE OF THE VARIANCE APPROVAL FROM JANUARY 6, 2020 TO JANUARY 6, 2030, ON PROPERTY DESCRIBED IN EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE DATE. Mrs. Horvath administered the oath to all those wishing to offer testimony on the items. A motion for approval of the Resolution was offered by Commissioner Shelley and seconded by Commissioner Narotsky. Community Development Director Joanne Carr addressed the Commission and entered the staff report into the record, which recommended approval, subject to the conditions listed. The following provided testimony on behalf of the Applicant (Clear Channel Outdoor, Inc.): Greg Hibbs, Real Estate Representative — Clear Channel Outdoor, Inc. (5800 NW 77t" Court, Miami). Mr. Wasson and Mr. Wolpin clarified the differences for the three resolutions to be considered for Clear Channel Outdoor, Inc. The Commission discussed the item. Mayor Weisman opened the item for public comment. Mrs. Horvath provided directions for members of the public to provide comments. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Resolution passed unanimously, by roll call vote, and Resolution No. 2020-31 was adopted. Mr. Wolpin read the following Resolution title- B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31- 193(e)(1) OF THE CITY CODE FOR ALTERATION OF A LEGAL NON- CONFORMING COMMERCIAL ADVERTISING SIGN TO INSTALL LED CHANGEABLE COPY PANELS ON THE EASTERLY FACE OF THE SIGN LOCATED ON THE WEST SIDE OF BISCAYNE BOULVARD AT ITS Page 2 of 5 Aventura City Commission Special Meeting Minutes May 14, 2020 INTERSECTION WITH THE WILLIAM LEHMAN CAUSEWAY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Resolution was offered by Vice Mayor Weinberg and seconded by Commissioner Shelley. Community Development Director Joanne Carr addressed the Commission and entered the staff report into the record, which recommended approval, subject to the conditions listed. The following provided testimony on behalf of the Applicant (Clear Channel Outdoor, Inc.): Greg Hibbs, Real Estate Representative — Clear Channel Outdoor, Inc. (5800 NW 77t" Court, Miami). The Commission discussed the item. Mayor Weisman opened the item for public comment. Mrs. Horvath provided directions for members of the public to provide comments. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Resolution passed unanimously, by roll call vote, and Resolution No. 2020-32 was adopted. 4. RESOLUTIONS/PUBLIC HEARINGS: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING SECOND AMENDMENT TO AGREEMENTS (THE "AGREEMENT") CONCERNING COMMERCIAL ADVERTISING SIGNS BETWEEN THE CITY OF AVENTURA AND CLEAR CHANNEL OUTDOORS, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE AND TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Resolution was offered by Commissioner Shelley and seconded by Commissioner Landman. Mr. Wasson explained the contract negotiated, based on prior Commission direction. The Commission discussed the item and possible amendments to increase the fees for the billboards at the Lehman Causeway location. Greg Hibbs, Real Estate Representative — Clear Channel Outdoor, Inc. (5800 NW 77t" Court, Miami) provided information and responded to questions. Brian Raducci, Assistant City Manager — Finance and Administration, provided information pertaining to an increase in fee percentages. Page 3 of 5 Aventura City Commission Special Meeting Minutes May 14, 2020 A motion to amend the portion of the contract pertaining to the Lehman Causeway billboards was offered by Commissioner Shelley and seconded by Commissioner Dr. Marks to include a 2% increase annually for the V and 4t" years and to include a 3% increase annually for the 5t" through 10t" years. Mr. Hibbs concurred with the amended terms. The motion to amend passed unanimously, by roll call vote. The motion as amended passed unanimously, by roll call vote, and Resolution No. 2020-33 was adopted. 5. CITY COMMISSION, IN ITS CAPACITY AS THE AVENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: MOTION APPROVING THE AVENTURA CITY OF EXCELLENCE SCHOOL (ACES) 2020-2021 SCHOOL YEAR CALENDAR A motion for approval was offered by Commissioner Shelley and seconded by Commissioner Narotsky. Mr. Wasson explained the item. Rachel Windler-Freitag, Charter Schools USA South Florida Area Director, provided information on the difference in the school calendars. Mayor Weisman opened the item for public comment. Mrs. Horvath provided directions for members of the public to provide comments. There being no comments, Mayor Weisman closed the item for public input. The motion for approval passed unanimously, by roll call vote. 6. CITY COMMISSION, IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL: MOTION APPROVING THE DON SOFFER AVENTURA HIGH SCHOOL (DSAHS) 2020-2021 SCHOOL YEAR CALENDAR A motion for approval was offered by Commissioner Narotsky and seconded by Commissioner Dr. Marks. Mr. Wasson explained the item. Mayor Weisman opened the item for public comment. Mrs. Horvath provided directions for members of the public to provide comments. There being no comments, Mayor Weisman closed the item for public input. The motion for approval passed unanimously, by roll call vote. 7. ORDINANCE - FIRST READING/PUBLIC HEARING: Mr. Wolpin read the following Ordinance title: Page 4 of 5 Aventura City Commission Special Meeting Minutes May 14, 2020 CITY COMMISSION, IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2019-09, WHICH ORDINANCE ADOPTED THE DON SOFFER AVENTURA HIGH SCHOOL BUDGET FUND 191 FOR FISCAL YEAR 2019/2020 (JULY 1 — JUNE 30) BY REVISING THE 2019/2020 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Shelley and seconded by Commissioner Narotsky. Mr. Wasson explained the adjustments made to the budget. Principal David McKnight provided information on the amendments and the food program for the students. The Commission discussed the food program for students during the summer months. Mr. Wasson will meet with the Principals for both schools and provide a report to the Commission regarding the food program needs for students. Mayor Weisman opened the public hearing. Mrs. Horvath provided directions for members of the public to provide comments. There being no comments, Mayor Weisman closed the public hearing. The motion for approval of the Ordinance passed unanimously, by roll call vote, on first reading. 8. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Narotsky, seconded by Commissioner Landman, and unanimously approved; thus, adjourning the meeting at 11:04 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on June 9, 2020. Page 5 of 5 rt %t` AVENTURA CITY COMMISSION REGULAR WORKSHOP MEETING MINUTES MAY 14, 2020 Following the 9:00 a.m. Special Commission Meeting Virtual Meeting Via Video Conferencing 1. Call to Order/Roll Call: The meeting was called to order by Mayor Enid Weisman at 11:13 a.m. The following were present: Mayor Enid Weisman, Vice Mayor Howard Weinberg, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi, Commissioner Marc Narotsky, Commissioner Robert Shelley, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. Mayor Weisman previously provided a statement regarding the virtual format of the meeting held via video conferencing through Zoom, as specified on the meeting agenda and enabled by the Governor's Executive Order 2020-69 (extended through Executive Order 20-112), as a result of the state of emergency due to COVID-19. 2. Discussion: Resolution for Don Soffer Aventura High School (DSAHS) $1,000 Student Scholarship Award (Commissioner Dr. Linda Marks): Commissioner Dr. Marks suggested that a scholarship for high school seniors be established for Don Soffer Aventura High School, similar to the one the City established for Michael Krop High School. City Manager Summary: It was the consensus of the City Commission to proceed with a resolution establishing a scholarship for high school seniors, in an amount of at least $2,500, for Don Soffer Aventura High School. 3. Discussion: Employment (Commissioner Dr. Linda Marks): Commissioner Dr. Marks requested that the Commission consider ways to assist unemployed residents with finding jobs. City Manager Summary: It was the consensus of the City Commission for Mr. Wasson to research the feasibility of providing links on the City's website to entities that provide employment assistance, including the Aventura Marketing Council, and to report back to the Commission. 4. Discussion: COVID-19 Testing (Commissioner Dr. Linda Marks): Mr. Wasson discussed the plans for Miami -Dade County and the City for reopening, as part of Phase 1 on May 18, 2020. It was reported that the Banyan testing site, currently at the Aventura Mall, would open at Waterways Park on May 18t" for approximately a month. Commissioner Dr. Marks suggested that the Commission may want to consider extending the length of time the testing site is at the Park. Aventura City Commission Regular Workshop Meeting Minutes — May 14, 2020 City Manager Summary: It was the consensus of the City Commission for Mr. Wasson to provide an update on this item at the June Commission Workshop and for the Commission to determine if the testing site should be extended past June at that time. 5. Update: Investment (Commissioner Robert Shelley): Commissioner Shelley suggested that the City consider different investment options, due to the current environment. Mr. Wasson provided a summary of investments. Brian Raducci, Assistant City Manager — Finance and Administration, reported on the City's investment portfolio, which was being monitored and adjusted as needed. City Manager Summary: It was the consensus of the City Commission for an investment update to be provided at every Regular Commission Workshop, with the investment advisors in attendance. 6. Discussion: Resolution Expressing Support for Police Efforts in Combatting Cyber Crimes (Commissioner Gladys Mezrahi): Commissioner Mezrahi requested a resolution be considered to create awareness of the Commission's support of the police efforts in combatting cyber crimes. City Manager Summary: It was the consensus of the City Commission for the City Attorney to proceed with drafting a resolution for consideration. The following additional items were discussed: Mr. Wasson provided additional information on the Phase 1 opening plan for the City on May 18, 2020 and will provide the Commission with the opening plans for the Aventura Mall. The Commission discussed the importance of the businesses and the public to follow the rules and guidelines, which would be enforced by the City. It was the consensus of the City Commission for Mr. Wasson to provide updates on this item at all Commission Meetings. Vice Mayor Weinberg requested that the Commission consider an anti -hate resolution, related to the COVID-19 pandemic, as requested by the Anti -Defamation League. It was the consensus of the City Commission to place a resolution on the June 9t" Commission Meeting agenda. 7. Adiournment: There being no further business to come before the Commission, the meeting was adjourned by consensus at 12:15 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on June 9, 2020. Page 2 of 2 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: June 5, 2020 SUBJECT: Resolution Declaring Equipment as Surplus June 9, 2020 City Commission Meeting Agenda Item 5B RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution declaring certain equipment as surplus to the needs of the City. BACKGROUND Section 2-258 of the City Code of Ordinances provides that any property owned by the City which has become obsolete or which has outlived its usefulness may be disposed of in accordance with procedures established by the City Manager, so long as the property has been declared surplus by a resolution of the City Commission. If you have any questions, please feel free to contact me. RJW/act Attachment CCO1890-20 RESOLUTION NO. 2020- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager desires to declare certain property as surplus to the needs of the City; and WHEREAS, Ordinance No. 2000-09 provides that all City -owned property that has been declared surplus cannot be disposed of prior to the preparation and formal approval of a resolution by the City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals Adopted. The above recitals are hereby confirmed and adopted herein. Section 2. The property listed on Exhibit "A" has been declared surplus and is hereby approved for disposal. Section 3. The City Manager is authorized to dispose of the property listed on Exhibit "A" through a public auction, sale, trade-in, transfer to other governmental agency or, if of no value, discarded. Section 4. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 5. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman City of Aventura Resolution No. 2020- PASSED AND ADOPTED this 91" day of June, 2020. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 f&) 4 Di2 #?91+s: TO: Ronald y¥ J. Wasson, City Manager FROM: Bryan f±+>+: ChiefPolice \ \ SUBJECT: Surplus P*±rty would like to have the « listed bicycles, owned by the ©» of vent »v, declared §Surplus Property as per City of «©ent»_ APDP, Chapter 6Subsection 2 Page : Lhese items have become yadequa y forpublic purposes: 27««+27&� 22* 222I2 S<?«+277� 22« 222I\ CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission re FROM: Ronald J. Wasson, City Manager `— DATE: June 5, 2020 SUBJECT: Disbursement of Police Federal Forfeiture Funds June 9, 2020 City Commission Meeting Agenda Item 5C RECOMMENDATION It is recommended that the City Commission adopt the following Motion to expend funds from the Police Federal Forfeiture Funds: "Motion authorizing the appropriation of up to $9,000 for SWAT Team equipment from the Police Federal Forfeiture Funds in accordance with the City Manager's Memorandum". If you have any questions, please feel free to contact me. RJW/act Uyw� MIT, TO in CCO1883-20 Ronald J. Wasson, City Manager_ :,.. t ChiefFROM: Bryan Pegues, oli June 11, 2020 1: -: • -•1711 - The Federal Equitable Sharing Agreement (FESA), Section Vill allows for the use federally forfeited funds for law enforcement. Section IX, Ag of the Federal Equitabl'- Sharing agreement requires that the funds be expended only upon request of the Chi of Police to the governing body of the municipality and approval of the governing body. I am requesting City Commission approval for the expenditure of these monies for thi- • - •,' ' - ♦ • 9,0011 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager er DATE: June 5, 2020 SUBJECT: Resolution Adopting a Policy to Establish an Annual College Scholarship in an Amount of at Least $2,500 for a Student Residing in Aventura Graduating from Don Soffer Aventura High School June 9, 2020 City Commission Meeting Agenda Item 5D RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution Adopting a Policy to Establish an Annual College Scholarship in an Amount of at Least $2,500 for a Student Residing in Aventura Graduating from Don Soffer Aventura High School. If you have any questions, please feel free to contact me. RJW/act I_MM-M itaiii CCO1893-20 RESOLUTION NO. 2020- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ADOPTING A POLICY TO ESTABLISH AN ANNUAL COLLEGE SCHOLARSHIP IN AN AMOUNT OF AT LEAST $2,500 FOR A STUDENT RESIDING IN AVENTURA GRADUATING FROM DON SOFFER AVENTURA HIGH SCHOOL; PROVIDING FOR THE ALLOCATION OF FUNDS AND THE SELECTION PROCESS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby adopts a policy to establish an annual college scholarship in an amount of at least $2,500 for a student residing in Aventura graduating from Don Soffer Aventura High School to assist in the funding of his/her college education. Section 2. The scholarship amount of at least $2,500 shall be allocated from the General Fund of the City or from funds provided to the City by the Don Soffer Aventura High School Foundation for such purpose. The Award Evaluation Committee established by the Principal of the Don Soffer Aventura High School shall select the student who is eligible for the scholarship. The annual award of the scholarship shall be subject to approval by the City Commission, as a Consent Agenda item, so as to document approval pursuant to Section 7.05 of the City Charter. Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman City of Aventura Resolution No. 2020- PASSED AND ADOPTED this 91" day of June, 2020. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager er DATE: June 5, 2020 SUBJECT: Resolution Supporting Efforts to Combat Cyber Crimes and Supporting the Efforts of Law Enforcement to Combat all Forms of Cyber Crimes During the COVID-19 Pandemic June 9, 2020 City Commission Meeting Agenda Item 5E RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution Supporting Efforts to Combat Cyber Crimes and Supporting the Efforts of Law Enforcement to Combat all Forms of Cyber Crimes During the COVID-19 Pandemic. If you have any questions, please feel free to contact me. RJW/act UffiRm IT, TO in CCO1892-20 RESOLUTION NO. 2020- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SUPPORTING EFFORTS TO COMBAT CYBER CRIMES WHICH HAVE FURTHER ARISEN DURING THE COVID-19 PANDEMIC; SUPPORTING THE EFFORTS OF LAW ENFORCEMENT TO COMBAT ALL FORMS OF CYBER CRIMES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, since the outbreak of the COVID-19 virus pandemic, the incidence of cyber crimes including scams, fraud and identity theft have continued to rise, as criminals, both foreign and domestic, attempt to take advantage of the pandemic ; and WHEREAS, fraud has further spread in connection with misdirected donations, false offers of virus testing, identity theft, cyber squatting, defacement, and other areas made more vulnerable by the pandemic; and WHEREAS, the City of Aventura Police Department and the State Attorney's Office already do an excellent job in detecting and combatting cyber crimes, and in educating residents of the danger posed by cyber criminals, and the City Commission greatly appreciates and commends those efforts; and WHEREAS, the City Commission calls upon all law enforcement entities of cities, counties, state, regional, and federal, to further work together to enhance the detection and destruction of cyber crimes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Page 1 of 3 City of Aventura Resolution No. 2020- Section 1. Recitals Adopted. The above -stated recitals are hereby confirmed and adopted herein. Section 2. Support. The City Commission respectfully calls upon all law enforcement entities to work together with the City of Aventura Police Department to further augment efforts to prevent, detect, and thwart cyber crimes and to capture and prosecute cyber criminals wherever they are located. Section 3. Effective Date. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman PASSED AND ADOPTED this 9t" day of June, 2020. Page 2 of 3 City of Aventura Resolution No. 2020- ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY ENID WEISMAN, MAYOR Page 3 of 3 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager er s DATE: June 5, 2020 SUBJECT: Resolution Condemning Bias, Hateful Speech and Conduct Related to the COVID-19 Pandemic and Supporting and Joining the Efforts of the ADL to Combat all Forms of Hatred and Intolerance June 9, 2020 City Commission Meeting Agenda Item 5F RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution Condemning Bias, Hateful Speech and Conduct Related to the COVID-19 Pandemic and Supporting and Joining the Efforts of the ADL to Combat all Forms of Hatred and Intolerance. If you have any questions, please feel free to contact me. RJW/act F-IMM- TT i -2 in CCO1891-20 RESOLUTION NO. 2020- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, CONDEMNING BIAS AND HATEFUL SPEECH AND CONDUCT RELATED TO THE COVID-19 PANDEMIC; SUPPORTING AND JOINING THE EFFORTS OF THE ADL TO COMBAT ALL FORMS OF HATRED AND INTOLERANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, since the outbreak of the COVID-19 virus, an incredible number of cases and deaths have been confirmed worldwide, according to the Johns Hopkins University Coronavirus Resource Center, and the Centers for Disease Control and Prevention; and WHEREAS, COVID-19 will not be stopped by political boundaries and was not created or caused by any race or ethnicity, and the World Health Organization has cautioned against using geographic descriptors that can fuel ethnic and racial discrimination; and WHEREAS, COVID-19 has infected people from all racial, national and ethnic backgrounds; and WHEREAS, the City of Aventura is fully committed to the safety, security, and equal treatment of its residents and businesses as it confronts the COVID-19 pandemic; �I WHEREAS, each individual has the ability to promote inclusiveness, celebrate diversity, support all fellow community members, prevent the spread of misinformation, and reject hate and bias in all forms; and WHEREAS, the Anti -Defamation League (the "ADL") has reported that hate crimes, discrimination and aggression against Asian and Jewish people are on the rise throughout the country as these groups are being wrongfully blamed for the COVID-19 outbreak and spread; and WHEREAS, as our history has shown, times of great fear, uncertainty and unrest may lead to the demonization, blaming, and scapegoating of groups as the "other;" and WHEREAS, extremists are taking advantage of COVID-19 to spread their hateful ideologies, including antisemitism, racism, Islamophobia, and Sinophobia; and Page 1 of 4 City of Aventura Resolution No. 2020- WHEREAS, amid the growing spread of COVID-19, there are surging reports of bias -motivated incidents targeting members of the Asian and Pacific Islander community in the U.S.; and WHEREAS, COVID-19 is a public health issue, not a racial, religious or ethnic one, and the deliberate use of terms such as "Chinese virus" or "Kung Fu virus" to describe COVID-19 only encourages hate crimes and incidents against Asians and further spreads misinformation at a time when communities must be working together to get through this crisis; and WHEREAS, the ADL has found that the Jewish community has been wrongfully targeted with blame, hate, antisemitic tropes and conspiracy theories about their creating, spreading and profiting from COVID-19; and WHEREAS, to target and stigmatize specific communities for the COVID-19 outbreak and world-wide spread creates an inexcusable risk to all community members; and WHEREAS, it is critical that the City of Aventura continue to take leadership and stand in solidarity with its Asian and Jewish communities to send a message that discriminatory and hate -motivated behavior or violence will never be tolerated, and will be defeated; and WHEREAS, all persons are encouraged to report any such antisemitic, discriminatory or racist incidents to the proper authorities for investigation and action; and WHEREAS, the City of Aventura wishes to affirm its commitment to the well-being and safety of its Asian and Jewish community members, and all community members, and ensure they know that they are not alone and that the City of Aventura continues to be committed to ending the spread of all forms of hate and bigotry in the midst of the COVID-19 emergency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals Adopted. The above -stated recitals are hereby confirmed and adopted herein. Section 2. Hatred Denounced. The City of Aventura denounces antisemitism, anti -Asian bigotry, and all hateful speech, violent action and the spread of misinformation Page 2 of 4 City of Aventura Resolution No. 2020- related to COVID-19 that casts blame, promotes racism or discrimination or harms the City of Aventura's Asian and Pacific Islander, Jewish, immigrant, all community members, and other communities wherever located . Section 3. Solidarity. The City of Aventura applauds the efforts of the ADL and joins cities, counties and states across this great nation in affirming its commitment to the safety and well-being of all community members, including the Asian and Jewish communities, and in combatting hate crimes targeting Asians, Jews and Pacific Islanders. Section 4. Continued Efforts. The City of Aventura will continue its efforts to protect residents and the targets and victims of hate, and to prosecute and curb hate acts related to COVID-19, in coordination with nonprofit organizations, the State Attorney's Office, the Aventura Police Department and other law enforcement partners. Section 5. Pledge of Support. The City of Aventura recognizes and pledges to continue to support the inalienable rights of all people in our community to be treated with respect and to remain safe during this pandemic. Further, the City calls upon all of our residents to treat each other with respect, and urges residents to join us in calling attention to these harms and in denouncing hate in order to help keep us all safe during this unprecedented pandemic and beyond. Section 6. Effective Date. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman Page 3 of 4 City of Aventura Resolution No. 2020- PASSED AND ADOPTED this 9t" day of June, 2020. ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY ENID WEISMAN, MAYOR Page 4 of 4 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager (94L BY: Anthony Tyrkala, Aventura City of Excellence School Principal Date: June 5, 2020 SUBJECT: Recommendation to Award School Uniforms RFP# 20-03-06-3 June 9, 2020 City Commission Meeting Agenda Item 5G RECOMMENDATION It is recommended that the City Commission award the School Uniforms RFP #20-03- 06-3 to Ibiley Uniform, Inc. BACKGROUND The current contract with Chai Tees LLC for school uniforms at ACES will expire shortly. The City issued a new RFP for school uniforms which was opened on March 6, 2020. The following companies responded to the RFP: Chai Tees, LLC Ibiley Uniform, Inc. The proposals were reviewed by a Committee consisting of the Principal, Business Manager, a staff member and the President of the EESAC. All of the firms were interviewed and provided samples of the uniforms they outlined in their respective proposals. The firms were evaluated based on the following criteria: • Price • Quality • Service • Reliability and Reputation of the Proposer 0 After the interviews were concluded and based on the evaluation criteria, the Committee ranked the companies as follows and recommended the company ranked number one (1) be awarded the contract for the initial two (2) year period- 1 . Ibiley Uniform, Inc. 2. Chai Tees, LLC Ibiley Uniform, Inc. was selected because of the low cost of the uniforms, proximity to ACES and the flexible ordering and delivery options that they provided. If you should have any questions related to this memorandum, please feel free to contact the City Manager. RESOLUTION NO. 2020- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR RFP NO. 20-03-06-3, SCHOOL UNIFORMS FOR AVENTURA CITY OF EXCELLENCE SCHOOL (ACES), TO IBILEY UNIFORM, INC. IN ACCORDANCE WITH THE RFP DOCUMENT; 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; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted proposals for RFP NO. 20-03-06-3, School Uniforms for Aventura City of Excellence School (ACES); and WHEREAS, sealed proposals have been submitted to and received by the City pursuant to the City's RFP notice, solicitation, specifications, proposals, and requirements for the purchase as cited above; and WHEREAS, staff has determined that Ibiley Uniform, Inc. has submitted the most responsible and responsive proposal for said purchase; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive proposer. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1: That proposal/contract for RFP BID NO. 20-03-06-3, School Uniforms for Aventura City of Excellence School (ACES), is hereby awarded to Ibiley City of Aventura Resolution No. 2020- Uniform, Inc. Section 2: That the City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, and specifications as set forth in the subject RFP notice, solicitation, specifications, proposal and requirements, or if a City prepared contract was part of said RFP, said parties shall execute said prepared contract on behalf of the City. Section 3: That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this RFP/contract. Section 4: That this Resolution shall be effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman PASSED AND ADOPTED this 9t" day of June, 2020. Page 2 of 3 City of Aventura Resolution No. 2020- ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 CITY OF "ENTURA DEPARTMENT OF PUBLIC WORKS & TRANSPORTATION MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager er -- BY: Antonio F. Tomei, Capital Projects Manager 7 THRU: Joseph S. Kroll, Pubic Works & Transportation Director DATE: June 5, 2020 SUBJECT: Bid No: 20-04-20-3 — NE 190th Street Milling & Resurfacing June 9, 2020 City Commission Meeting Agenda Item 5H Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 20- 04-20-3, NE 190th Street Milling & Resurfacing to the lowest responsible and responsive bidder, H & R Paving, Inc. for the price of $385,593.92. This project will be funded by Budget Line Item Number 120-5401-541-6305. Background In accordance with the City's Purchasing Ordinance, bids for this project were solicited, advertised, and opened on May 6, 2020. The City received the following (12) bids for this project: H&R Paving, Inc. $ 385,593.92 The Paving Lady $ 396,309.34 Action Property Services $ 405,830.00 Pablon Engineering, Inc. $ 412,735.00 General Asphalt Co., Inc. $ 431,446.30 Star Paving Corporation $ 432,848.91 American Design Engineering Construction, Inc. $ 459,850.00 Atlantic Southern Paving & Sealcoating $ 460,007.70 H&J Asphalt, Inc. $ 518,401.00 All County Paving $ 541,246.75 Weekley Asphalt Paving, Inc. $ 564,187.70 Florida Blacktop, Inc. $ 610,359.77 This bid price allows for milling, asphalt paving, curbing, sidewalk repairs, re -setting brick pavers, handicap ramp installs, adjusting of utilities, pavement markings and restoration. Budget Amount - $326,000 If you have any questions or need any additional information, please feel free to contact me. Kimley»>Horn May 21, 2020 City of Aventura Antonio Tomei, Capital Projects Manager 19200 West Country Club Drive Aventura, FL 33180 Re: City ofAventura N.E. 190' Street Resurfacing City ofAventura Bid No. 20-04-20-3 Bid Recommendation 043508104 Dear Mr. Tomei: The City of Aventura (City) advertised the N.E. 190th Street Resurfacing Project on March 20, 2020. A pre -bid meeting was held on March 31, 2020 to discuss the project with potential bidders, and on April 20, 2020 bids were publicly opened and read. The project primarily includes the roadway resurfacing of N.E. 190"' Street from N.E. 29 b Avenue to the entrance of Hidden Bay Marina. The project also includes improvements to the existing handicap ramps, curbing, and sidewalk. The following is a bid summary of the Total Bid Amounts for the 12 bidding contractors: 1. H&R Paving $ 385,593.92 2. The Paving Lady $ 396,309.34 3. Action Property $ 405,830.00 4. Pabon Engineering $ 412,735.00 5. General Asphalt $ 431,446.30 6. Star Paving $ 432,848.91 7. American Design $ 459,850.00 8. Atlantic Southern $ 460,007.70 9. H&J Asphalt $ 518,401.00 10. M&M Asphalt $ 541,246.75 11. Weekley Asphalt $ 564,187.70 12. Florida Blacktop $ 610,359.77 A Bid Tabulation as well as additional reference information for the four (4) lowest bidders is attached for reference. Kimley-Horn has been asked to review the bids and provide a recommendation of award. Based on the results of the bid, the apparent low bidder is H&R Paving, Inc. with a total bid amount of $385,593.92. The Florida DBPR Online Services website shows a Certified General Contractor (GC) license currently registered with the Florida Department of Business and Professional Regulation. Kimley»>Horn City of Aventura N.E. 1900' Street Resurfacing Bid Recommendation, Page 2 Kimley-Horn called the three (3) references provided by the contractor. As of this date, one (1) of the references has not returned our call, but the two (2) other references were generally satisfied with the Contractor's performance and would utilize their services again. Note that one (1) of the references could not go into detail on their performance, per FDOT policy, but were overall satisfied with their work. As a result, the recommendation is to award this contract to H&R Paving, Inc. as the lowest, responsive bid. H&R Paving, Inc. bid is $1,906.05 below the estimated project budget of $387,500.00. The schedule of this contract is an important element of the project. Therefore, there is a liquidated damages section of the contract that can be enforced if the Contractor's actual construction activities extend beyond the proposed schedule. The schedule is to have all work completed within 210 calendar days from the Notice to Proceed date. The liquidated damages are set at $1,000.00 per day. I would like to thank the City of Aventura for their assistance in bidding this project, and we look forward to proceeding into the construction phase. If you have any questions or need any additional information, please contact me at 954-535-5133. Sincerely, KIMLEY-HORN & ASSOCIATES, INC. Stefano Viola, P.E. Project Manager Copy To: File KAFTL Civi11043jobs1043508104-AventuraNE19thhStResurfacing\BidDocs\BidRecommendationlBidRecommendation-NE190thSt.dom CITY OF AVENTURA BID TABULATION N.E.190 STREET MILLING AND RESURFACING BID # 20-04-20-3 Bid opening after 3:00 pm on Wednesday, May 6, 2020 oelnamn Company • wry TOTAL � wr..Y Addendum Acknowledned Proper Bid Bond Subs Listed Bidder Qua= AMERICAN DESIGN ENGINEERING CONSTRUCTION, INC. $459,850.00 Yes Yes Yes Yes ATLANTIC SOUTHERN PAVING AND SEALCOATING $460,007.70* Yes Yes Yes Yes H $ J ASPHALT, INC $618,401.00 Yes Yes Yes Yes STAR PAVING CORPORATION $432,848.91** Yes Yes Yes Yes FLORIDA BLACKTOP, INC. $610,359.77*** Yes Yes Yes Yes GENERAL ASPHALT CO., INC. $431,446.30**** Yes Yes Yes Yes PABON ENGINEERING, INC. $412,735.00***** Yes Yes Yes Yes ACTION PROPERTY SERVICES $406,830.00 Yes Yes Yes Yes M & M ASPHALT MAINTENANCE, INC. DBA ALL COUNTY PAVING $541,246.75 Yes Yes Yes Yes Page 1 H&R PAVING $385,593.92 I Yes I Yes I Yes I Yes WEEKLEY ASPHALT PAVING, INC. $564,187.70 Yes Yes Yes Yes JANICE M. RILEY, INC. DBA THE PAVING LADY $396,309.34 Yes Yes Yes Yes Offers listed from the vendors herein are the only offers received timely as of the above opening date and time. All other offers submitted in response to this solicitation, if any, are hereby rejected as late. Notes: *Atlantic Southern Paving — Schedule of Value Item #112 — Extend Price should be $109,070.00 instead of $109,170.00 and it change Total Base Bid. Price is now $460,007.70 instead of $460,107.70 **Star Paving Corp. — Schedule of Value Item #128 — Extended Price should be $845.00 instead of $6,760.00 and it change Total Base Bid Price is now $432,848.91 instead of $438,763.91 ***Florida Blacktop — Schedule of Value — Due a typo error Total Base Bid Price is $610,359.77 instead of $610,107.70 ****General Asphalt — Schedule of Value item #102 — Extended Price should be $5,520.00 instead of $5,500.00 and it change Total Base Bid Price is now $431,446.30 instead of $431,426.30 *****Pabon Engineering — Schedule of Value - Due to error on vendor part Total Base Bid Price is $412,735.00 instead of $307,435.00 Purchasing Agent: Indra ariu, CPPB 20W a ted: Page 2 WITEDIT1Z, OF VALUES — BIDDER'S COMPANY NAME - Time to Substantial Completion: 60 calendar days upon issuance of the Notice to Proceed. Time to Final Completion. 30 calendar days. T07AL COXTR-4CT T MUE = 90 CALENDAR DAYS Pay Item Estimated Quantity Description Unit Unit Price Extended Price GENERAL 100 1 Mobilization (5% of Construction Cost) I-S 101 I Maintenance of Traffic (5% of Construction Cost) LS X4 ................... N of 102 1 Storm Water Pollution Prevention Plan LS 1 3 1 Clearing and Grubbing LS FIVI �S?-q .%'Z -SV�Z14 CZ. 104 1 Demolition LS F'c 105 1 !ISite Restoration LS t 106 ... .. ......... 1 11 Root Pruning LS -S "Sco, M ........... --- ......... . ... .. ............. .. '1' iseto C!'� 107 200 Root Barrier LF 108 knce for City of Aventura Police LS $25,000 CIVIL SITE 109 160 Recompact Limerock Base SY i 400 t 00 110 .... ....... ...... . 9 . ........ . . ..... Rework Limerock Base, 4" thick SY Ill 12,800 Milling Existing Asphalt, I" thick SY -Z <e�o 112 13,000 Asphaltic Concrete Superpave SP9.5, 1"thick SY I' ck 14'%0 113 85 Type'F'Curbing LF 114 300 12" Header Curbing LF 115 116 2,350 14 Concrete Sidewalk, 4" thick ....... ... .... .. ...... Concrete Sidewalk and Driveway, 6" thick . ... . ....... SY SY 117 24 ADA Detectable Warning Pad SF 118 1 1,300 Paver Crosswalk SF I .60 N-E, 190* Street lklifling & Resur.Cacing-Addenduin 4 City Of A ventura Bid No. 2M4-20�-3 KHA Project No. 043508104 00410-4 . . . ... . . . ................................ SIGNING & MARKING 119 5,500 i i Thermoplastic, Standard, White, Solid 6" LFF 0 Ct c" . . ............................ . . . . ... 120 720 i Thermoplastic, Standard, White, Solid 12" LF 7- %CIO ot� 121 160 Thermoplastic, Standard, White, Solid 24" 1 LF 4�06 122 3,700 Thermoplastic, Standard, Yellow, Solid 6" LF 123 16 16 .. . ... . ... . .......... Thermoplastic, Standard, White, Arrow EA "z bb cNts 124 1 t . ........ .... -- .... .......... . ...... . Single Post Sign, Relocate LS A 900 ........... I ............ . 125 4 Single Post Sign, New A " eK 126 320 i Yellow Reflective Paint SF 127 1 Reflective Pavement Markers LS 128 f 1 .. . .................. Replace Exist Vehicle Detector Loop LS QILO' o �67-13, C50 . . 129 35 ........ Flexible Traffic Delineator EA 166 100 Curbing for Flexible Traffic Delineator LF I TOTAL EXTENDED PRICE I , 59's "� -L I NE. 1901 Street Milling & Resurfacing Addcaduin 4 City ofAventura Bid -No. ' .10-04-20-3 IULN ProJect No. 043509104 00410-5 The, Contractor is responsible to properly coordinate al.l elements of the Work within each phase of construction and to taisure that the work is corrzpleted in accordattce with dl.e contract documents, The Contractorshall properly secure each work zone tAi restrict public access, as necessary, including, but not limited to utilizing barricades, temporary fencing, signa e, etc. Any changes to the proposed construction phasing plan shall be submitted and approved by, die City o Avetrtura and Consultant prior to starting the Work, The Contractor shall subunit an MOTPlan, liar approval by the City of Aventura and. Consultant prior to starting the Work. The. Contractor shall ensure proper and adequate access to all propertiesfdriveways :is maintained th.roughorat the entire duration ol`ccrrrstruction. Unless specifically allowed by the Work Order, the Contractor shall not store overnight any equipment or stockpile any materials witlhin the right-of-way. At the end of each work day, the Contractor shall remove all stockpiled materials and equiprrtent to an off -site location. authorized. for materials stockpiling and equipment storage, Also includes cast of remobilizing materials and equipment at the Work site at the beginning of each work day, General notes: 1. 'rhe Contractor shall secure a City of Aventura .Public Works permit prior- to starting construction. 2. All work shall comply with city of Aventura standards and the latest edition of the Florida Department of f.ramportation standard specifications for- road and bride construction and design standards. 3. All work. shall be pc rforaled in accordance with. established met ods and practices as approved. by thc; City of Aventura, Miatnii Dade County andlor Florida Department of Tratrsportation standards. All work - shall be subject to the approval of the city's consulting engineer or staff before frrla< payment is trade. 4. BIDDER {understands and agrees that the Contract Price is lump stem to fiurnish and install all of rile Work complete in place. The Schedule, of Values is provided. for the, purpose of Bid. Evaluation and when initiated by the City, the pricing of change orders. Contractor's .price will not be adjusted to reflect any deviation from the Schedule of Values, except to the extent that the City changes the scope of Project after the Contract Date. 5. Allowance lt,tns will be paid based on the actual cost for each itsa. Any allowance :item, orportion of are. allowance item, that is not used shall be reconciled at the completion of the protect and deleted froarr tie contract. KE, 1901h Street Milflnb & Resurfac;in—Addendiarn 4 City of Aventura Bid No- 20-04-20-3 KIIA Project No, 04.3508104 ot141.,0m7 RESOLUTION NO. 2020- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 20-04-20-3, N.E. 190TH STREET MILLING & RESURFACING, TO H & R PAVING, INC. AT THE BID PRICE OF $385,593.92; 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. WHEREAS, the City Manager has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 20-04-20-3, N.E. 1901" Street Milling and Resurfacing; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and requirements for the project/work as cited above; and WHEREAS, staff has determined that H & R Paving, Inc. has submitted the lowest responsible and responsive bid for said project/work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidder; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1: That bid/contract for BID NO. 20-04-20-3, N.E. 190t" Street Milling and Resurfacing, is hereby awarded to H & R Paving, Inc. in the amount of $385,593.92. Section 2: That the City Manager is hereby authorized to execute, on behalf City of Aventura Resolution No. 2020- of the City, a contract by and between the parties embodying the terms, conditions, and specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3: That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4: That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Budget [ � i i1► [�'ii1 Ta'ti i►�i�' � [iy �' � y Q:�c�i�� Section 5: This Resolution shall be effective immediately upon its adoption. The foregoing resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman Page 2 of 3 City of Aventura Resolution No. 2020- PASSED AND ADOPTED this 91" day of June, 2020. ATTEST: ELLISA L. HORVATH, MMC APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY ENID WEISMAN, MAYOR Page 3 of 3 CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J, Wasson, City Manager BY: Brian K. Raducci, Assistant City Manager — Finance and Administra ion DATE: June 5, 2020 SUBJECT: Fourth Amendment to Agreement with Performing Arts Center Authority for Management, Programming and Operational Support Services for the Aventura Arts & Cultural Center June 9, 2020 City Commission Meeting Agenda Item 51 RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing the execution of the attached Fourth Amendment to the Agreement with Performing Arts Center Authority ("PACA") and the City for Management, Programming and Operational Support Services for the Aventura Arts & Cultural Center. BACKGROUND Article 4 of the subject Agreement provides that the current Agreement expires September 30, 2020. The attached Fourth Amendment to the Agreement extends the Agreement for three (3) more years from October 1, 2020 through September 30, 2023. The Agreement provides for a 2.0%, 2.5% and 3% increase in their fee for services in years 2020/21, 2021/22 and 2022/23, respectively. The 2020/21 increase of 2% will be utilized in the preparation of the proposed budget for 2020/21. Based on PACA's proven track record, their performance to date and the City's philosophy of privatizing services to provide professional services to our residents in the most economical manner, it is recommended that we continue to utilize PACA to manage the Aventura Arts & Cultural Center and enter into the 4t" Amendment to the attached Agreement. If you should have any questions related to this memorandum, please feel free to contact the City Manager. Uyw� MIT, TO in RESOLUTION NO. 2020- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE PERFORMING ARTS CENTER AUTHORITY FOR MANAGEMENT, PROGRAMMING AND OPERATIONAL SUPPORT SERVICES FOR THE AVENTURA ARTS & CULTURAL CENTER; 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 Fourth Amendment to the Agreement between the City of Aventura and the Performing Arts Center Authority for management, programming and operational support services for the Aventura Arts & Cultural Center. Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution and the Agreement. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman City of Aventura Resolution No. 2020- PASSED AND ADOPTED this 91" day of June, 2020. ATTEST: ELLISA L. HORVATH, MMC APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY ENID WEISMAN, MAYOR Page 2 of 2 FOURTH AMENDMENT To AGREEMENT Between PERFORMING ARTS CENTER AUTHORITY and CITY OF AVENTURA for MANAGEMENT, PROGRAMMING AND OPERATIONAL SUPPORT SERVICES FOR THE AVENTURA ARTS & CULTURAL CENTER This is the Fourth Amendment ("Fourth Amendment') to the Agreement dated September 28, 2012 ("Agreement' or "AGREEMENT"), between: PERFORMING ARTS CENTER AUTHORITY, an independent special district and a public body, politic and corporate, in Broward County organized in the State of Florida under the laws of Florida (hereinafter "PACA"), which is located at the Broward Center for the Performing Arts in Broward County, Florida 33312, and the City of Aventura (hereinafter "CITY" or "AVENTURA"), a Florida municipal corporation. PACA and the CITY (or "AVENTURA") are collectively referred to as the "parties" or "Parties." RECITALS: On September 28, 2012, the Parties entered into an agreement for PACA to provide programming, management and operational services to AVENTURA (the "Agreement'). The Parties subsequently entered into a First Amendment on September 3, 2015, and a Second Amendment on August 11, 2016, and a Third Amendment effective on September 30, 2017 to renew the Agreement. By this Fourth Amendment, the Parties now seek to amend the Agreement to provide for a fourth renewal term consisting of a total of three (3) years and to provide for payment for such time period. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: Aventura & PACA - 1 - Fourth Amendment 1. The Parties agree that the "Recitals" clauses are true and accurate. 2. Except as modified herein, all terms and conditions of the Agreement, shall remain in full force and effect. Amendments to the Agreement are indicated by use of strikethroughs to indicate deletions and underlining to indicate additions, unless otherwise stated. 3. Article 4, "TERM AND TIME OF PEFORMANCE," is amended as follows: ARTICLE 4 TERM AND TIME OF PERFORMANCE The initial term of this Agreement shall begin on October 1, 2012 ("Effective Date"), and it shall continue in full force and effect for thirty-six (36) months through September 30, 2015, unless terminated sooner as provided in Article 7 herein. Thereafter, the Agreement shall be subject to renewable one year terms not _to_eyneed o total of two (2) one-year terms and a third term renewal consisting of three (3) years, and such further renewal terms as provided by the parties, upon mutual written amendment to this Agreement by PACA and AVENTURA at AVENTURA's discretion. If the term of this Agreement extends beyond a single fiscal year of PACA or of AVENTURA, the continuation of this Agreement beyond the end of any fiscal year shall be subject to the appropriation and availability of funds in accordance with Chapter 129, Florida Statutes, as amended, and Florida Statutes Section 166.241, as amended. By the First Amendment, the Parties renewed the AGREEMENT through September 30, 2016, as the first oftheabove desGribeGd and permitted one year renewal terms By the Second Amendment, the Parties renewed the AGREEMENT through September 30, 2017, as the seGend of the above-deSGF;Aed and permitted one year renewal terms. By the Third Amendment, the Parties renewed the AGREEMENT for the a three-year period commencing October 1, 2017, through September 30, 2020, as the third term acSGFibed above in this Article. By the Fourth Amendment, the Parties renewed the AGREEMENT for a three-year period commencing October 1, 2020, through September 30, 2023. 4. Article 5, "Compensation," Sections 5.2, 5.2.1, and 5.2.2, are amended as follows: 5.2 METHOD OF BILLING AND PAYMENT FOR AVENTURA'S PAYMENTS TO PACA 5.2.1 The fees for Services as stated in Section 5.1.1 shall be payable by AVENTURA to PACA as follows: Aventura & PACA -2- Fourth Amendment •. - - - - - - - ILI •. jIIV_. Tsi41w ■.Unre ... .. The payment for the three (3) year term ending September 30, 2020, shall be made by AVENTURA to PACA as stated herein. - - - - - - - - - - -- -cir ILI +,mrsc Van finnc 1 far Qn-&Ar"mc ■ . . ..NOW - - - -- - - - -- -- - •. Effective on October 1, 2019, with the commencement of the third year of the three-year term, the fees for Services, as stated in Section 5.1.1, shall be payable to PACA as follows: Twelve Thousand Three Hundred Eighty Dollars ($12,380.00) which is due every calendar month cycle for twelve (12) months with the first payment due on October 31, 2019, and on the last day of each subsequent month through September 30, 2020. The payment for the three (3) year term ending September 30. 2023. shall be made by AVENTURA to PACA as stated Aventura & PACA -3- Fourth Amendment herein. Effective on October 1. 2020, with the commencement of the first year of the three-year renewal term, the fees for Services, as stated in Section 5.1.1, shall be payable to PACA as follows: Twelve Thousand Six Hundred Twenty Eight Dollars ($12.628.00) which is due every calendar month cycle for twelve 0 2) months. The first payment shall be due on October 31, 2020, and on the last day of each subsequent month through September 30, 2021. Effective on October 1. 2021, with the commencement of the second year of the three-year renewal term, the fees for Services, as stated in Section 5.1.1, shall be payable to PACA as follows: Twelve Thousand Nine Hundred Forty Four Dollars ($12.944.00) which is due every calendar month cycle for twelve (12) months with the first payment due on October 31, 2021, and on the last day of each subsequent month through September 30, 2022. Effective on October 1. 2022, with the commencement of the third year of the three-year renewal term, the fees for Services, as stated in Section 5.1.1, shall be payable to PACA as follows: Thirteen Thousand Three Hundred Thirty - Two Dollars ($13.332.00) which is due every calendar month cycle for twelve (12) months with the first payment due on October 31, 2022, and on the last day of each subsequent month through September 30, 2023. W,&Lllnrc M00r, ..... ..... KIRMINIESIN W,&Lllnrc M00r, ..... ..... If Vsn-wr,LC-c ■ . ..... •. Aventura & PACA - 4 - Fourth Amendment as ■ . 6 If the gross revenues exceed Two Hundred Twenty-five Thousand Dollars ($225,000.00) for the period of October 1, 2019, through September 30, 2020, PACA shall be paid additional compensation of $12,000.00 for Services for that period no later than October 30, 2020. If the aross revenues exceed Two Hundred Twenty-five Thousand Dollars ($225,000.00) for the period of October 1, 2020, through September 30, 2021, PACA shall be paid additional compensation of $12,000.00 for Services for that period no later than October 30, 2021. If the aross revenues exceed Two Hundred Twenty-five Thousand Dollars ($225,000.00) for the period of October 1, 2021, through September 30, 2022, PACA shall be paid additional compensation of $12,000.00 for Services for that period no later than October 30, 2022. If the gross revenues exceed Two Hundred Twenty-five Thousand Dollars ($225,000.00) for the period of October 1, 2022, through September 30, 2023, PACA shall be paid additional compensation of $12,000.00 for Services for that period no later than October 30, 2023. Such payment obligation of AVENTURA shall survive the expiration of the Agreement. Net revenues as used in this section shall include ticket sales for AACC Presents performances, box office fees, facility fees, facility rent, service package fees, production service fees, net food and beverage revenues, parking revenue, and any other net revenues generated by the operations of the AACC from the users of the AACC. 5.2.2 As to the invoicing for the monthly payment of compensation for the Services, PACA will submit invoices for compensation following the end of each calendar month cycle, after the Services for which invoices are submitted have been Aventura & PACA - 5 - Fourth Amendment completed. An original invoice will be submitted by PACA to AVENTURA. Invoices shall designate the nature of the Services performed for the period. As to the payment of compensation for Services, AVENTURA shall pay PACA for Services by the last day of each month as stated in Section 5.2.1 above, subject to receipt of PACA's invoice statement. To be deemed proper, all invoices must comply with the requirements set forth in this Agreement. As to any additional compensation due for Services as a result of the calculation of the gross revenues each year of the three- year term as stated in Section 5.2.1 above, PACA will submit an original invoice for compensation within fifteen (15) days after September 30 of each year, and AVENTURA shall pay PACA by October 30 of each year including October 30, 2020, and likewise for the renewal term which is provided for in this Fourth Amendment. Such payment obligation shall survive the expiration or earlier termination of the Agreement. Invoices shall designate the nature of the gross revenue calculation resulting in the additional compensation invoice. AVENTURA's responsibility for the expenses described in Section 6.8 in connection with the management, use, occupancy, and operation of the AACC and AVENTURA's additional responsibility to make payments to reimburse PACA for costs associated with the agreed upon employees to staff the AACC and other agreed upon operating costs of the AACC, as stated in Section 5.1.1 shall be invoiced and paid as follows: PACA will invoice AVENTURA within twenty-five (25) days following the end of each calendar month for expenses incurred under Section 6.8 and any reimbursement expenses incurred under Section 5.1.1. AVENTURA shall pay PACA for such reimbursement expenses within thirty (30) days after the date of receipt of the invoice. Such payment obligation shall survive the expiration or earlier termination of the Agreement for the last payment due under this section and invoice(s), if any, remaining unpaid and due under the Agreement. 5. Article 7, "Miscellaneous," Section 7.2.7 is amended as follows: 7.2 TERMINATION Aventura & PACA - 6 - Fourth Amendment 7.2.7 As applicable, the Agreement may also be terminated for cause if AVENTURA or PACA is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes, as amended, or other Scrutinized Companies List as provided by said Florida Statutes, as amended, or if PACA or AVENTURA provides a false certification submitted pursuant to Section 287.135, Florida Statutes, as amended. Applicable clauses required by such statutes are deemed to be incorporated herein. 6. All other terms and conditions of the Agreement (including exhibits) as amended by the First Second and Third Amendments, not inconsistent with this Fourth Amendment, shall remain in full force and effect and are to be performed at the level specified in the Agreement. This Fourth Amendment shall become effective upon complete execution by both Parties or September 30, 2020, whichever date is earlier. (The remainder of this page is intentionally left blank.) Aventura & PACA - 7 - Fourth Amendment IN WITNESS WHEREOF, the Parties hereto have made and executed this Fourth Amendment to the Agreement dated September 28, 2012, on the respective dates under each signature: PERFORMING ARTS CENTER AUTHORITY, signing by and through its Chair or Vice Chair, and CITY OF AVENTU RA, signing by and through its City Manager, duly authorized to execute same. PACA PERFORMING ARTS CENTER AUTHORITY, an independent special district and a public body politic and corporate ATTEST: as PACA's Board Secretary (SEAL) APPROVED AS TO FORM: By County Attorney Chair day of , 2020 Aventura & PACA - 8 - Fourth Amendment FOURTH AMENDMENT TO THE AGREEMENT BETWEEN PERFORMING ARTS CENTER AUTHORITY AND CITY OF AVENTURA FOR, MANAGEMENT, PROGRAMMING AND OPERATIONAL SUPPORT SERVICES FOR THE AVENTURA ARTS AND CULTURAL CENTER AVENTURA CITY OF AVENTURA, a municipality in the State of Florida LIM Ronald J. Wasson, City Manager day of , 2020. ATTEST: APPROVED AS TO FORM: City Clerk By Weiss Serota Helfman Cole & Bierman, P.L. City Attorney (SEAL) Aventura & PACA - 9 - Fourth Amendment CITY OF "ENTURA DEPARTMENT OF PUBLIC WORKS & TRANSPORTATION MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Antonio F. Tomei, Capital Projects Manager vc 7 THRU: Joseph S. Kroll, Pubic Works & Transportation Director DATE: June 5, 2020 SUBJECT: Bid No: 20-05-28-3 — DSAHS Water Main Relocation June 9, 2020 City Commission Meeting Agenda Item 5J Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 20-05-28-3, DSAHS Water Main Relocation to the lowest responsible and responsive bidder, Marcdan, Inc. for the price of $144,590. This project will be funded by Budget Line Item Number 393-6010-561.62-08. Background In accordance with the City's Purchasing Ordinance, bids for this project were solicited, advertised, and opened on May 28, 2020. The City received the following five (5) bids for this project: Marcdan, Inc. $ 144,590.00 ATC Engineering, Inc. $ 180,100.00 Pabon Engineering $ 197,850.00 LPS Utilities $ 217,513.04 American Pipeline Construction $ 227,940.00 The bid price allows for the furnishing of all labor, materials, tools, equipment, machinery, superintendence, mobilization and services necessary for the relocation of an existing 12" watermain, sanitary sewer improvements, and all site restoration as needed for a complete and accepted project. Budget Amount - $186,736 If you have any questions or need any additional information, please feel free to contact me. Kimley»>Horn May 29, 2020 City of Aventura Antonio Tomei, Capital Projects Manager 19200 West Country Club Drive Aventura, FL 33180 Re: City of Aventura Aventura Charter High School Watermain Relocation City ofAventura Bid No. 20-05-28-3 Bid Recommendation 043508115 Dear Mr. Tomei: The City of Aventura (City) advertised the Aventura Charter High School Watermain Relocation Project on May 8, 2020 and the bids were publicly opened and read on May 28, 2020. The project primarily includes the installation of new 12" water main on the Aventura Charter High School property. The following is a bid tabulation summarizing the Total Bid Amounts for the five (5) bidding contractors. 1. Marcdan, Inc. $144,590.00 2. ATC Engineering, Inc. $180,100.00 3. Pabon Engineering, Inc. $197,850.00 4. LPS Utilities, Inc. $217,513.04 5. American Pipeline Construction, LLC $227,940.00 A Bid Tabulation with additional submittal information is attached for reference. Kimley-Horn has been asked to review the bids and provide a recommendation of award. Based on the results of the bid, the apparent low bidder is Marcdan, Inc. with a total bid amount of $144,590.00. The Florida DBPR Online Services website shows a Certified General Contractor (GC) license currently registered with the Florida Department of Business and Professional Regulation. Kimley-Horn called the three (3) references provided by the contractor. The three (3) references were generally satisfied with the Contractor's performance and would utilize their services again. As a result, the recommendation is to award this contract to Marcdan, Inc. as the lowest, responsive bid. The Marcdan, Inc. bid is $28,174.00 below the estimated project budget of $172,764.00. The schedule of this contract is an important element of the project. Therefore, there is a liquidated damages section of the contract that can be enforced if the Contractor's actual construction activities extend beyond the proposed schedule. The schedule is to have all work completed within 90 calendar days from the Notice to Proceed date. The liquidated damages are set at $1,000.00 per day. Kimley»>Horn City of Aventura Aventura Charter High School Watermain Relocation Bid Recommendation, Page 2 I would like to thank the City of Aventura for their assistance in bidding this project, and we look forward to proceeding into the construction phase. If you have any questions or need any additional information, please contact me at 954-535-5133. Sincerely, KIMLEY-HORN & ASSOCIATES, INC. Stefano Viola, P.E. Project Manager Copy To: File KAFTL_civi11043 johs1043508108-Yacht Seawall RepairWontractor BidslDraft Bid Rem=endation.door CITY OF AVENTURA BID TABULATION AVENTURA CHARTER HIGH SCHOOL WATERMAIN RELOCATION BID # 20-05-28-3 Bid opening after 3:00 pm on Thursday, May 28, 2020 Company TOTAL Addendum Acknowledged Prover Bid Bond Yes Subs Listed Yes Bidder Qual. Stmt Yes Pabon Engineering, Inc. $197,860.00 Yes ATC Engineering, Inc. $180,100.00 Yes Yes Yes Yes American Pipeline Construction, LLC $227,940.00 Yes Yes Yes Yes LPS Utilities, Inc. $217,513.04 Yes Yes Yes Yes Marcdan, Inc. $144,590.00 Yes Yes Yes Yes Offers listpri frnm tha VonrinrL, her-C.. aw:. _L _.rr__ -- - -- ---••�� a« Ell= 0111y c,ntils received bmeiy as of the above opening date and time. All other offers submitted in response to this solicitation, if any, are hereby rejected as late. Notes: Purchasing Agent: Indra SarJtuPB Da Page 1 2 0 SECTION 00410 SCHEDULE OF VALUES — BIDDER'S COMPANY NAME: A arC davA I v1 C. Time to Substantial Completion: 60 calendar days upon issuance of the Notice to Proceed. Time to Final Completion: 30 calendar days. TOTAL CONTRACT TL,YIE = 90 CALENDAR DAYS Pay Item Estimated Quantity Description Unit Unit Price Extended Price GENERAL 100 1 General Conditions and Mobilization LS CIVIL 101 602 12" DIP Watermain LF C71 -50 &5101a3 C 102 2 12" Tapping sleeve and valve EA . 103 I 12 12" DIP 45-degree bends EA Sa co 8. 104 2 12" DIP 90-degree bends EA o� 3� . 126, 105 _ 1 Air release valve EA 106 270 Abandon existing 12" watermain LF , 107 2 Cut and cap existing 12" watermain EA �ip , 00 z' 1 p8 1 ... 2" water service EA q 5, 14s •50 ,{ So 5i `CJ 1.09 1 Abandon existing 2" water service EA ( 00 00 110 18 8" DIP sanitary sewer LF 111 14 18" steel casing LF . 00 112 2 Casing vents EA O j Zq ac 113 1 Tree relocation EA 0 :185 1) f ":10 114 2 Light pole relocation EA ) , S() 50 oa 115 180 Concrete sidewalk SY 33.00 010 116 240 Remove and replace brick pavers SY 5. we S6 Oe 117 200 Asphalt pavement restoration SY oo i Aventura Charter High School Watermain Relocation City of Aventura Bid No. 20-05-28-3 KHA Project No. 043508115 00410 - 4 r, ALLOWANCE I 11 S 1 I Off -Duty Police Services I AL I I $5,000.00 L 5., C)C O. TOTAL EXTENDED PRICE General Notes: r rm The Contractor is responsible to properly coordinate all elements of the Work to ensure that the work is completed in accordance with the contract documents. The Contractor shall properly secure all work zones to restrict public access as necessary, including, but not limited to utilizing barricades, temporary fencing, . signage, etc. However, the Contractor shall ensure proper and adequate access throughout the project area is maintained throughout the entire duration of construction. The Contractor shall submit a MOT Plan as applicable for approval by the City of Aventura and Consultant prior to starting the Work. 2. Unless specifically allowed by the Work Order, the Contractor shall not store overnight any equipment or stockpile any materials within the project area and/or right-of-way. At the end of each work day, the Contractor shall remove all stockpiled materials and equipment to an off -site location authorized for materials stockpiling and equipment storage. Also includes cost of remobilizing materials and equipment at the Work site at the beginning of each work day. The Contractor shall secure a City of Aventura Public Works permit prior to starting construction. 4. All work shall comply and be performed in compliance with City of Aventura, Miami -Dade County Standards, Florida Department of Environmental Protection, Florida Department of Health, and Florida Building Code requirements and specifications, and the latest edition of the Florida Department of Transportation standard specifications for road and bridge construction and design standards. 5. BIDDER understands and agrees that the Contract Price is lump sum to furnish and install all of theWork complete in place. The Schedule of Values is provided for the purpose of Bid Evaluation and when initiated by the City, the pricing of change orders. Contractor's price will not be adjusted to reflect any, deviation from the Schedule of Values, except to the extent that the City changes the scope of Project after the Contract Date. Pay Item Notes: Pay Item No. 100 — General Conditions and Mobilization: The cost shall include all work preparatory to actual construction at the site. It shall include, but not be limited to, these Specifications, the Supplementary Conditions, and state and local laws and regulations. The costs of bonds and any required insurance, permits that are required to be obtained by the contractor, erosion control in accordance with permit' conditions, adherence to the applicable NPDES permit and Stormwater Pollution Prevention Plan (SWPPP) regulations and requirements, and any other preconstruction expense necessary for the start of the work. Also included in this section will be all costs associated with providing, implementing, and maintaining Maintenance of Traffic (MOT) plans/traffic control measures. Payment shall be made as a lump sum quantity. The total of mobilization shall not exceed 10% of the contract price. Partial Payments for mobilization shall be as follows: Aventura Charter High School Watermain Relocation City of Aventura Bid No. 20-05-28-3 KHA Project No. 043508115 00410 - 5 RESOLUTION NO. 2020- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 20-05-28-3, DSAHS WATER MAIN RELOCATION, TO MARCDAN, INC. AT THE BID PRICE OF $144,590; 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. WHEREAS, the City Manager of the City of Aventura, Florida, has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 20-05-28-3, DSAHS Water Main Relocation; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and requirements for the project/work as cited above; and WHEREAS, staff has determined that Marcdan, Inc., has submitted the lowest responsible and responsive bid for said project/work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidder; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1: That bid/contract for BID NO. 20-05-28-3, DSAHS Water Main Relocation, is hereby awarded to Marcdan, Inc. in the amount of $144,590. City of Aventura Resolution No. 2020- Section 2: The City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3: That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4: That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Budget Line Item Number 393-6010-561.62-08. Section 5: This Resolution shall be effective immediately upon its adoption. The foregoing resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman City of Aventura Resolution No. 2020- PASSED AND ADOPTED this 91" day of June, 2020. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager er DATE: June 5, 2020 SUBJECT: Resolution Requesting Miami -Dade County ("County") to Transfer Coronavirus Aid, Relief, and Economic Security (CARES) Act and to Appropriate Direct Federal Funds Received by the County to the City of Aventura and Other Local Governments June 9, 2020 City Commission Meeting Agenda Item 5K RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution Requesting Miami -Dade County ("County") to Transfer Coronavirus Aid, Relief, and Economic Security (CARES) Act and to Appropriate Direct Federal Funds Received by the County to the City of Aventura and Other Local Governments. If you have any questions, please feel free to contact me. RJW/act Attachment CCO1894-20 RESOLUTION NO. 2020- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, REQUESTING MIAMI-DADE COUNTY MAYOR CARLOS A. GIMENEZ AND THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, TO TRANSFER CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY (CARES) ACT DIRECT FEDERAL FUNDS RECEIVED BY MIAMI-DADE COUNTY ("COUNTY") TO THE CITY OF AVENTURA ("CITY") AND TO OTHER UNITS OF LOCAL GOVERNMENT WITHIN THE COUNTY BASED ON POPULATION AND RATES OF COVID-19 CASES; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the federal Coronavirus Aid, Relief, and Economic Security ("CARES") Act was signed into law on March 27, 2020 and appropriated $150 billion of direct federal funding for state and local governments to address unforeseen financial needs and risks created by the Novel Coronavirus ("COVID-19") pandemic public health emergency; and WHEREAS, states and units of local government with more than 500,000 residents received direct federal funding through the Coronavirus Relief Fund; and WHEREAS, twelve (12) localities in the State of Florida ("State") received direct federal funds, but no city in Florida (except the combined city/county government of Jacksonville/Duval County) received direct funding; and WHEREAS, the CARES Act appropriated nearly half a billion dollars to Miami - Dade County ("County"), making this the highest amount in direct federal funding to any eligible local government in the State as indicated in the attached and incorporated list of Payments to States and Eligible Units of Local Governments; and WHEREAS the City of Aventura (the "City") has taken unprecedented steps in response to the impact of the COVID-19 pandemic on our community to include hosting testing sites, facilitating mental health services, and assisting first responders, residents, and businesses; and WHEREAS, the City has experienced unforeseen financial needs and risks created by the COVID-19 pandemic public health emergency; and WHEREAS, other units of local government within the County have also experienced unforeseen financial needs and risks created by the COVID-19 pandemic public health emergency; and City of Aventura Resolution No. 2020- WHEREAS, in conversations with the Miami -Dade County League of Cities, the County committed to transferring CARES Act funds to units of local government within the County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. Recitals. That the recitals and findings contained above are hereby confirmed, adopted and incorporated herein. Section 2. Request. That the City Commission hereby respectfully requests that Miami -Dade County Mayor Carlos A. Gimenez and the Board of County Commissioners transfer CARES Act funds directly to the City and to other units of local government within the County based on population and rates of COVID-19 cases, as requested by the Miami- Dade County League of Cities . Section 3. Transmittal. That the City Clerk is directed to transmit a copy of this Resolution to Miami -Dade County Mayor Carlos A. Gimenez, the Board of County Commissioners, and the Miami -Dade County League of Cities. Section 4. Effective Date. That this Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman Page 2 of 11 PASSED AND ADOPTED this 9t" day of June, 2020. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 11 Payments to States and Eligible Units of Local Government Alabama Total allocation $1,901,262,159.90 Eligible local governments that certified: Jefferson County $114,915,910.00 Payment to the state $1,786,346,249.90 Alaska Total allocation and payment to the state $1,250,000,000.00 Arizona Total allocation $2,822,399,971.50 Eligible local governments that certified: Maricopa County $398,960,913.50 Mesa city $90,389,099.40 Phoenix city $293,320,141.10 Pima County $87,107,597.40 Tucson city $95,634,512.10 Payment to the state $1,856,987,708.00 Arkansas Total allocation and payment to the state $1,250,000,000.00 California Total allocation $15,321,284,928.40 Eligible local governments that certified: Alameda County $291,634,022.20 Contra Costa County $201,281,391.70 Fresno County $81,579,507.20 Fresno city $92,755,912.80 Kern County $157,078,307.20 Los Angeles County $1,057,341,431.90 Los Angeles city $694,405,323.80 Orange County $554,133,764.90 Riverside County $431,091,225.60 Sacramento County $181,198,725.20 Sacramento city $89,623,427.20 San Bernardino County $380,408,020.90 San Diego County $334,061,822.10 San Diego city $248,451,019.60 San Francisco city $153,823,502.50 San Joaquin County $132,988,948.70 San Jose city $178,295,348.00 San Mateo County $133,761,077.10 Santa Clara County $158,099,959.50 Stanislaus County $96,085,923.60 Ventura County $147,621,523.10 Payment to the state $9,525,564,743.60 Page 4 of 11 Payments to States and Eligible Units of Local Government Colorado Total allocation $2,233,011,164.20 Eligible local governments that certified: Adams County $90,285,974.40 Arapahoe County $114,569,891.70 Denver city $126,892,711.70 El Paso County $125,704,768.20 Jefferson County $101,708,239.70 Payment to the state $1,673,849,578.50 Connecticut Total allocation and payment to the state $1,382,477,973.40 Delaware Total allocation $1,250,000,000.00 Eligible local governments that certified: New Castle County $322,766,668.80 Payment to the state $927,233,331.20 Florida Total allocation $8,328,221,072.10 Eligible local governments that certified: Brevard County $105,034,237.20 Broward County $340,744,702.30 Hillsborough County $256,847,065.00 Jacksonville city/Duval County $167,120,861.80 Lee County $134,459,744.20 Miami -Dade County $474,085,078.50 Orange County $243,146,628.50 Palm Beach County $261,174,822.80 Pasco County $96,659,479.80 Pinellas County $170,129,283.40 Polk County $126,467,997.40 Volusia County $96,543,791.40 Payment to the state $5,855,807,379.80 Georgia Total allocation $4,117,018,751.10 Eligible local governments that certified: Atlanta city $88,434,611.30 Cobb County $132,638,742.70 DeKalb County $125,341,475.20 Fulton County $104,364,186.80 Gwinnett County $163,368,405.20 Payment to the state $3,502,871,329.90 Hawaii Total allocation $1,250,000,000.00 Eligible local governments that certified: Honolulu County $387,176,021.20 Page 5 of 11 Payments to States and Eligible Units of Local Government Payment to the state $862,823,978.80 Idaho Total allocation and payment to the state $1,250,000,000.00 Illinois Total allocation $4,913,633,437.00 Eligible local governments that certified: Chicago city $470,078,037.60 Cook County $428,597,905.20 DuPage County $161,042,597.50 Kane County $92,900,217.90 Lake County $121,539,986.20 Will County $120,529,326.90 Payment to the state $3,518,945,365.70 Indiana Total allocation $2,610,489,556.60 Eligible local governments that certified: Indianapolis city/Marion County $168,312,120.70 Payment to the state $2,442,177,435.90 Iowa Total allocation and payment to the state $1,250,000,000.00 Kansas Total allocation $1,250,000,000.00 Eligible local governments that certified: Johnson County $116,311,033.60 Sedgwick County $99,636,916.90 Payment to the state $1,034,052,049.50 Kentucky Total allocation $1,732,387,747.50 Eligible local governments that certified: Louisville/Jefferson County metro government $133,793,183.70 Payment to the state $1,598,594,563.80 Louisiana Total allocation and payment to the state $1,802,619,342.60 Maine Total allocation and payment to the state $1,250,000,000.00 Maryland Total allocation $2,344,276,753.70 Eligible local governments that certified: Anne Arundel County $101,071,866.30 Baltimore County $144,369,684.80 Baltimore city $103,559,428.30 Montgomery County $183,336,953.70 Prince George's County $158,670,549.30 Payment to the state $1,653,268,271.30 Page 6 of 11 Payments to States and Eligible Units of Local Government Massachusetts Total allocation Eligible local governments that certified: Boston city Plymouth County Payment to the state Michigan Total allocation Eligible local governments that certified: Detroit city Kent County Macomb County Oakland County Wayne County Payment to the state Minnesota Total allocation Eligible local governments that certified: Hennepin County Ramsey County Payment to the state Mississippi Total allocation and payment to the state Missouri Total allocation Eligible local governments that certified: Jackson County St. Louis County Payment to the state Montana Total allocation and payment to the state Nebraska Total allocation Eligible local governments that certified: Douglas County Payment to the state Nevada Total allocation Eligible local governments that certified: Clark County Las Vegas city Payment to the state New Hampshire Total allocation and payment to the state $2,672,641,383.20 $120,853,359.10 $90,945,729.80 $2,460,842,294.30 $3,872,510,074.60 $116,915,242.60 $114,633,581.40 $152,501,374.40 $219,438,710.20 $188,331,621.00 $3,080,689,545.00 $2,186,827,320.80 $220, 879, 842.00 $96,026,770.70 $1,869,920,708.10 $1,250,000,000.00 $2,379,853,017.00 $122,669,998.30 $173,481,105.80 $2,083,701,912.90 $1,250,000,000.00 $1,250,000,000.00 $166,134,257.90 $1,083,865,742.10 $1,250,000,000.00 $295,004,619.90 $118,944,279.90 $836,051,100.20 $1,250,000,000.00 Page 7 of 11 Payments to States and Eligible Units of Local Government New Jersey Total allocation $3,444,163,690.30 Eligible local governments that certified: Bergen County $162,662,060.40 Camden County $88,375,283.90 Essex County $139,414,976.30 Hudson County $117,327,044.40 Middlesex County $143,966,956.60 Monmouth County $107,974,955.70 Ocean County $105,949,274.70 Passaic County $87,564,767.20 Union County $97,077,214.30 Payment to the state $2,393,851,156.80 New Mexico Total allocation $1,250,000,000.00 Eligible local governments that certified: Albuquerque city $150,364,461.10 Bernalillo County $31,818,045.20 Payment to the state $1,067,817,493.70 New York Total allocation $7,543,325,288.30 Eligible local governments that certified: Erie County $160,306,414.50 Hempstead town $133,832,095.50 Monroe County $129,433,144.90 Nassau County $102,940,678.70 New York city $1,454,710,277.70 Suffolk County $257,655,487.80 Westchester County $168,822,336.10 Payment to the state $5,135,624,853.10 North Carolina Total allocation $4,066,866,177.50 Eligible local governments that certified: Charlotte city $154,549,215.90 Guilford County $93,732,720.60 Mecklenburg County $39,199,343.60 Wake County $193,993,721.20 Payment to the state $3,585,391,176.20 North Dakota Total allocation and payment to the state $1,250,000,000.00 Ohio Total allocation $4,532,572,911.90 Eligible local governments that certified: Columbus city $156,790,569.40 Page 8 of 11 Payments to States and Eligible Units of Local Government Cuyahoga County $215,510,539.80 Franklin County $76,336,362.90 Hamilton County $142,642,734.60 Montgomery County $92,775,281.40 Summit County $94,402,596.50 Payment to the state $3,754,114,827.30 Oklahoma Total allocation $1,534,357,612.40 Eligible local governments that certified: Oklahoma City city $114,302,395.10 Oklahoma County $47,291,598.00 Tulsa County $113,690,799.60 Payment to the state $1,259,072,819.70 Oregon Total allocation $1,635,472,403.80 Eligible local governments that certified: Multnomah County $28,057,836.50 Portland city $114,247,255.50 Washington County $104,660,474.70 Payment to the state $1,388,506,837.10 Pennsylvania Total allocation $4,964,107,464.10 Eligible local governments that certified: Allegheny County $212,190,475.10 Bucks County $109,628,270.10 Chester County $91,606,532.10 Delaware County $98,892,981.10 Lancaster County $95,224,629.70 Montgomery County $144,988,260.00 Philadelphia city $276,406,952.60 Payment to the state $3,935,169,363.40 Rhode Island Total allocation and payment to the state $1,250,000,000.00 South Carolina Total allocation $1,996,468,642.30 Eligible local governments that certified: Greenville County $91,354,041.70 Payment to the state $1,905,114,600.60 South Dakota Total allocation and payment to the state $1,250,000,000.00 Tennessee Total allocation $2,648,084,889.60 Eligible local governments that certified: Memphis city $113,607,217.80 Page 9 of 11 Payments to States and Eligible Units of Local Government Nashville -Davidson metropolitan government $121,122,775.20 Shelby County $49,921,022.30 Payment to the state $2,363,433,874.30 Texas Total allocation $11,243,461,410.70 Eligible local governments that certified: Austin city $170,811,897.20 Bexar County $79,626,415.00 Collin County $171,453,156.40 Dallas County $239,952,372.70 Dallas city $234,443,127.60 Denton County $147,733,721.60 El Paso County $27,484,280.40 El Paso city $118,956,278.90 Fort Bend County $134,262,393.50 Fort Worth city $158,715,568.30 Harris County $425,942,656.10 Hidalgo County $151,582,672.50 Houston city $404,868,873.40 Montgomery County $104,983,285.40 San Antonio city $269,983,717.00 Tarrant County $209,816,856.50 Travis County $61,147,507.20 Williamson County $93,382,340.10 Payment to the state $8,038,314,290.90 Utah Total allocation $1,250,000,000.00 Eligible local governments that certified: Salt Lake County $203,603,981.20 Utah County $111,630,341.90 Payment to the state $934,765,676.90 Vermont Total allocation and payment to the state $1,250,000,000.00 Virginia Total allocation $3,309,738,321.00 Eligible local governments that certified: Fairfax County $200,235,484.90 Payment to the state $3,109,502,836.10 Washington Total allocation $2,952,755,792.90 Eligible local governments that certified: King County $261,582,611.20 Pierce County $157,912,031.30 Seattle city $131,510,475.60 Page 10 of 11 Snohomish County Spokane County Payment to the state West Virginia Total allocation and payment to the state Wisconsin Total allocation Eligible local governments that certified: Dane County Milwaukee County Milwaukee city Payment to the state $143,447,144.10 $91,224,219.50 $2,167,079,311.20 $1,250,000,000.00 $2,257,710,741.60 $95,394,061.70 $62,044,048.60 $102,977, 845.50 $1,997,294,785.80 Wyoming Total allocation and payment to the state $1,250,000,000.00 Page 11 of 11 CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Brian K. Raducci, Assistant City Manager — Finance and Administration DATE: June 5, 2020 SUBJECT: Resolution Awarding Contract for Property, General Liability, Automobile Liability and Physical Damage and Workers' Compensation Insurance June 9, 2020 Commission Meeting Agenda Item 5L Recommendation It is recommended that the City Commission adopt the attached Resolution which awards a contract for property, general liability, automobile liability and physical damage and workers' compensation insurance. Background Since the City's incorporation in November 1995, the Florida Municipal Insurance Trust ("FMIT") has provided the City with its property, general liability, automobile liability and physical damage and workers' compensation insurance coverage. Although FMIT's customer service continues to be excellent, on March 20, 2020 the City issued a Request for Proposals ("RFP") # 20-04-23-2 for Professional Insurance Services and Coverages since it had not been done since 2006. Over that same time, the City's insurance needs have changed due to increased facilities and services provided (i.e., the recent addition of the Don Soffer Aventura High School and Gym facilities). As a result, City staff developed a comprehensive RFP for Professional Insurance Services and Coverages that considered all of the City's existing lines and amounts of coverage including: • Property, Allied Lines and Crime • General/Professional Liability • Automobile Liability and Physical Damage • Workers' Compensation and Employers Liability • Flood • Aviation Insurance for Unmanned Aircraft Systems • Storage Tank Liability The City advertised the availability of the RFP in the Daily Business Review and made available a solicitation package from www.demandstar.com on March 20, 2020. As a result of the COVID — 19 Pandemic, the City extended the deadline twice to ensure that all interested firms would have ample time to respond thoroughly. On May 7, 2020 the City received (via www.demandstar.com) and opened the following two (2) electronic responses that offered complete insurance programs. 1. Florida Municipal Insurance Trust ("FMIT"), and; 2. Public Risk Insurance Advisors ("PRIA") An Evaluation Committee (the "Committee") consisting of the following City staff; Ronald J, Wasson, City Manager, Brian K. Raducci, Assistant City Manager — Finance and Administration, Karen Lanke, Information Technology Director, Brent Rogers, Controller and Gladys Carcamo, Human Resources Manager) thoroughly reviewed the proposals and interviewed both firms on May 27, 2020 via a Zoom Meeting. The interviews were moderated by Indra Sarju, Purchasing Agent. Both firms were well -prepared and had team representatives who specialized in various aspects of the insurance industry. After the interviews concluded, the Committee ranked the firms based on the following evaluation criteria as outlined in the RFP: Evaluation Criteria Maximum Points A Technical Proposal 1) Qualifications and Experience a) Firm Qualifications. See Section XI. C 2) 26 W Management, Supervisory and Staff Experience. See Section XI. C 3) 26 Methodology including Technical Approach and Understanding of the Scope 2) of Services. See Section XI. C 4) 20 B. Pricing (To submit in a separate sealed envelope) 1) Schedule of Compensation. See Section XI. C 5) 30 Total Maximum Points 100 Although the Committee believed that both firms made excellent presentations and that either firm could provide and meet the City's current insurance needs, it unanimously ranked FMIT over PRIA. This was in large part due to the Excellent Customer Service that the City has always received from FMIT and FMIT's aggressive pricing structure that brought in their proposed aggregate premium by nearly $149,000 below that of what PRIA proposed for almost identical coverage. A summary of each firm's respective proposed premium by line of coverage in shown below: Proposals COVERAGE FMIT PRIA Difference PROPERTY, ALLIED LINES AND CRIME (INCLUDING INLAND MARINE AND MISCELLANEOUS PROPERTY COVERAGE) GENERAL/PROFESSIONAL LIABILITY (INCLUDING LAW ENFORCEMENTAND PUBLIC OFFICIALS LIABILITY COVERAGE) AUTOMOBILE LIABILITY AND PHYSICAL DAMAGE WORKERS' COMPENSATION FLOOD AVIATION INSURANCE COVERAGE- UNMANNED AIRCRAFT SYSTEMS STORAGETANK LIABILITY INSURANCE $ 329,620 $ 315,074 $ 14,546 319,641 270,055 49,586 118,721 152,009 (33,288) 400,341 579,954 (179,613) 24,069 24,069 2,945 2,945 - 2,293 2,400 (107) 2 $ 1,197,630 $ 1,346,506 $ (148,876) Although PRIA did not submit premiums for Flood or Aviation Insurance Coverage — Unmanned Aircraft Systems due to the lack of competitive options, for purposes of the analysis found above, the City utilized the bid for these services submitted from FMIT to provide for an apples to apples comparison. Both firms offer a complete insurance program for the City's exposures. Although FMIT was higher than PRIA on the property and the liability lines, they were lower on the automobile liability and workers' compensation lines of coverage which resulted in nearly $149,000 in savings to the City as compared to PRIA. FMIT's proposal contained the following language "The premiums quoted above are priced according to the coverage lines presented. Any change or deletion of coverages may result in re -pricing of remaining coverage lines." During the interview when asked about their aggressive pricing, FMIT indicated that part of this decrease was due to the City receiving a more favorable experience modification factor due to better experience in recent time and a portion was due to their desire to retain the City's business. It is important to note that the City has an aggressive and actively managed Safety Program (represented by each department) designed to keep premiums as low as possible by continually reviewing and identifying potential risks before they become major issues. In addition, over the last several years, the City has taken steps to reduce its exposure (i.e., adding our bus shelters to our coverage schedule and adding flood coverage to all of our City facilities). Although the City could obtain better premiums if we had higher deductibles and retention limits, we are not recommending such changes at this time as this would simply increase our out-of-pocket costs throughout the year and dilute and/or mitigate any potential premium savings. As a result of going through this process, it is estimated that the 2020/21 proposed budget will reflect a conservative savings of at least $150,000 in premiums as compared to the current year budget. With the exception of the Workers' Compensation Premium which is allocated amongst all of the operating departments, all of the other City's insurance costs are budgeted under the Non -Departmental Insurance account. Based on the foregoing, I recommend that the City Commission approve the Resolution to award the insurance bid. The selected firm will be awarded a two (2) year contract. The City reserves the right to extend the Contract for three (3) additional one (1) year terms providing; (a) both parties to the Contract agree to the extension; (b) all the terms, conditions and specifications remain the same. A copy of the RFP, submittals by both firms and other supporting documents are available for review in the Finance Department. 3 RESOLUTION NO. 2020- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING A CONTRACT FOR THE CITY'S PROPERTY, GENERAL LIABILITY, AUTOMOBILE LIABILITY AND PHYSICAL DAMAGE AND WORKERS' COMPENSATION INSURANCE TO FLORIDA MUNICIPAL INSURANCE TRUST; AUTHORIZING THE CITY MANAGER, ON BEHALF OF SAID CITY, TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura requires insurance coverages for comprehensive property including crime and bond; general liability including law enforcement liability and public officials liability; automobile liability and physical damage; and workers' compensation and other insurable risks; and WHEREAS, the City has properly solicited and received requests for sealed bids for the above insurance coverages for the policy year of October 1, 2020 to September 30, 2021; and WHEREAS, the City Commission, upon the recommendation of City staff, desires to award contract to Florida Municipal Insurance Trust. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The contract for property, general liability, automobile liability and physical damage and workers' compensation insurance be awarded to Florida Municipal Insurance Trust in accordance with the Request for Proposals submitted by said company. Section 2. The City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions and specifications as set forth in the subject invitation, specifications, proposal and requirements for property, general liability, automobile liability and physical damage and workers' compensation insurance. Section 3. The City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman City of Aventura Resolution No. 2020- PASSED AND ADOPTED this 9t" day of June, 2020. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CITY OF "ENTURA AUDITOR SELECTION COMMITTEE MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Commissioner Robert Shelley, Committee Chair DATE: June 4, 2020 SUBJECT: Audit Engagement Agreement June 9, 2020 Commission Meeting Agenda Item 5M 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 Keefe McCullough to serve as the City's Independent Auditors for the City for FY 2019/20 — FY 2023/24 and for the Aventura City of Excellence School and the Don Soffer Aventura High School for FY 2020/21 — FY 2024/25. This Agreement shall take effect as of the date of award by the City Commission and be in effect for a two (2) year period. 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. Background At the May 5, 2020 Commission meeting, the City Commission adopted Resolution No. 2020-27 which established a ranking of firms to perform the City's independent audit. That Resolution was the culmination of a process that included an advertisement of the associated RFP in the Daily Business Review and the posting of the solicitation package on www.demandstar.com on February 24, 2020. An evaluation was made by the Auditor Selection Committee consisting of Commissioner Robert Shelley, Committee Chair, Melissa Cruz, Assistant Town Manager/Finance Director — Town of Bay Harbor Islands, and Scott Simpson, Chief Financial Officer — Miami Parking Authority who interviewed four (4) firms and subsequently made final recommendation to the City Commission. Resolution No. 2020-27 included the committee's ranking of Audit Firms in order of preference (with 1 being the best): 0 1. Keefe McCullough 2. Marcum, LLP 3. Mauldin & Jenkins, LLC 4. GLSC & Company, PLLC The Resolution authorized Commissioner Robert Shelley, the Committee Chair 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 City's FY 2019/20 audit and both schools' FY 2020/21 audits with the top ranked firm. The fees have been negotiated and are shown on pages 3-4 of the agreement. Each fee includes out-of-pocket expenses and the cost of drafting, typing and binding twenty (20) copies of the respective audit reports as well as providing electronic copies of the same in PDF that meet all ADA requirements. The fees are as follows: Fee for City's 2019/20 Annual Audit 37 200 (the projected fee under the current agreement for this service would be $42,126, resulting in a projected savings of $4,926 in year 1). Fee for Aventura City of Excellence School 2020/21 Annual Audit $11,000 (the projected fee under the current agreement for this service would be $12,444, resulting in a projected savings of $1,444 in year 1). Fee for Don Soffer Aventura High School 2020/21 Annual Audit $11,000 (the projected fee under the current agreement for this service would be $12,444, resulting in a projected savings of $1,444 in year 1). The Fee for subsequent contract years, ending 2021, 2022, 2023 and 2024 will be in accordance with Exhibit "B" of the attached agreement. The projected aggregate savings over the five (5) years of the engagement is more than $20,000. Based on the foregoing, I recommend that the City Commission approve the attached Resolution that authorizes the City Manager to enter into the Audit Engagement Agreement with Keefe McCullough. A copy of the RFP, and Keefe McCullough's submittal and other supporting documents are available for review in the Finance Department. Should you have any questions pertaining to this memorandum, please feel free to contact the City Manager. RESOLUTION NO. 2020- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED AUDIT ENGAGEMENT AGREEMENT BETWEEN THE CITY OF AVENTURA AND KEEFE MCCULLOUGH; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City 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. 2020-27 established a ranking of firms to serve as said auditor and authorized negotiations with the top ranked firm; and WHEREAS, the Auditor Selection Committee's Chair, Commissioner Robert Shelley has negotiated fees and scope of services with the top -rated firm (Keefe McCullough) 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 Keefe McCullough 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman City of Aventura Resolution No. 2020 PASSED AND ADOPTED this 91" day of June, 2020. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 AUDITOR AGREEMENT THIS IS AN AGREEMENT, dated the _ day of June, 2020, by and between: THE CITY OF AVENTURA, a municipal corporation of the State of Florida, with a business address of 19200 W. Country Club Drive, Aventura, Florida 33180, hereinafter referred to as "CITY," and Keefe, McCullough & Co., LLP, authorized to do business in the State of Florida, with a business address of 6550 N. Federal Highway, 4t" Floor, Fort Lauderdale, FL 33308, 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 for this Agreement and to generally express the objectives and intentions of the 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 February 24, 2020, the CITY advertised its request for proposal No. 20-03-25-2 (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. 20-03-25-2 1.2 On March 27, 2020, the responses to the RFP were opened at the offices of the City Manager. 1.3 On May 5, 2020, the CITY Commission selected and ranked four (4) firms from the list of proposers and authorized the Commissioner Robert Shelley, the Chair of the Auditor Selection Committee to negotiate the terms of an agreement with the highest proposer. 1.4 On June 9, 2020, 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. Page 1 of 10 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 request for proposal No. 20-03-25-2 Section III labeled "NATURE OF SERVICES REQUIRED" attached hereto as Exhibit "A." In case of a conflict or a perceived conflict, between the terms and conditions set forth in Exhibit "A" and the AUDITORS Proposal for Annual Independent Audit Services, Exhibit "A" shall govern. 2.2 During the conduct of the audit, AUDITORS shall schedule regular meetings, with the CITY's Assistant City Manager — Finance and Administration or designee at least weekly to discuss the progress of the work. 2.3 AUDITORS shall furnish 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 15t" of each year for the City's audit and no later than August 19t" for the Aventura City of Excellence School and the Don Soffer Aventura High School audits 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 will be determined and the schedule may be modified accordingly. Page 2 of 10 ARTICLE 4 DELAY IN PERFORMANCE 4.1 Liquidated Damages 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 Fifty Nine Thousand Two Hundred Dollars and No Cents ($59,200.00) (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 37 200.00 These Fees include out-of-pocket expenses and the cost of drafting, typing and binding twenty (20) copies of the Comprehensive Annual Financial Report (CAFR) and providing a "converted" (not scanned) signed electronic copy in PDF that meets all ADA requirements. Aventura City of Excellence School Annual Audit $11,000.00 These Fees include out-of-pocket expenses and the cost of drafting, typing and binding twenty (20) copies of the Audited Financial Statements of the Charter School and providing a "converted" (not scanned) signed electronic copy in PDF that meets all ADA requirements. Page 3 of 10 Don Soffer Aventura High School Annual Audit $11,000.00 These Fees include out-of-pocket expenses and the cost of drafting, typing and binding twenty (20) copies of the Audited Financial Statements of the Charter School and providing a "converted" (not scanned) signed electronic copy in PDF that meets all ADA requirements. The Fee for subsequent contract years, ending 2021, 2022, 2023 and 2024 will be in accordance with Exhibit "B". 5.2 Method of Billing 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. Invoices shall be submitted in sufficient detail to demonstrate compliance with the terms of this Agreement. 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: Keefe, McCullough & Co., LLP 6550 N. Federal Highway, 4t" Floor Fort Lauderdale, FL 33308 ARTICLE 6 CHANGES IN SCOPE OF WORK CITY or AU DITORS 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 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 "B" the City Manager may authorize such additional work in writing. Page 4 of 10 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 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 no additional expense to CITY, 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 or cause it to be terminated, they shall indemnify the CITY against any loss pertaining to this termination up to a maximum of the full contracted fee amount. All finished or unfinished documents, data, studies, surveys and reports prepared by AUDITORS shall become the property of CITY and shall be delivered by AUDITORS to CITY. 7.2.2 This Agreement shall take effect as of the date of award by the City Commission and be in effect for a two (2) year period and shall end upon the AUDITORS completion of the work described herein, however, such date shall not be later than February 15, 2021 for the City's Audit and no later than August 19, 2021 for the Aventura City of Excellence School and the Don Soffer Aventura High School audits. 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. Page 5 of 10 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 and correct entries as to personnel hours charged to this engagement, and any expenses for which AUDITORS expect to be reimbursed. Such books and records will be available at all reasonable times for examination and audit by CITY and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement, unless contacted by CITY and advised such records 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. 7.4.1 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 law may require a specific consideration be given therefore. The parties therefore agree that the sum of Ten 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 that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. Page 6 of 10 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 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. The Financial Strength Rating and the Financial Size category must be "B+" and "VI" or higher, respectively according to 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 furnish, 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 Statutory Employer's Liability $100,000 — Each Accident $500,000 — Disease -policy limit $100,000 — Disease -each employee Page 7 of 10 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. 7.6 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 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. 7.7 Assignments, Amendments. 7.7.1 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 benefit of CITY and its successors and assigns. 7.7.2 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. 7.8 No Contingent 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. Page 8 of 10 7.9 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, 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: Ronald J. Wasson, City Manager City of Aventura 19200 W. Country Club Drive Aventura, FL 33180 Telephone No. (305) 466-8910 Facsimile No. (954) 466-8919 Copy To: Weiss Serota Helfman Cole & Bierman, P.L. 200 East Broward Blvd., Suite 1900 Fort Lauderdale, FL 33301 Telephone No. (954) 763-4242 Facsimile No. (954) 764-7770 AUDITORS: Keefe, McCullough & Co., LLP 6550 N. Federal Highway, 4t" Floor Fort Lauderdale, FL 33308 7.10 Binding Authority. 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 of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 7.11 Headings. Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 7.12 Exhibits. Each Exhibit referred to in this Agreement forms 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. 7.13 Severability. If any provision of this Agreement or application thereof to 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 permitted by law. 7.14 Governing Law. This Agreement shall be governed by the laws of the State of Florida with venue lying in Miami -Dade County, Florida. The parties hereby voluntarily Page 9 of 10 ON A#m A-m 7.15 Extent of Ligreement. 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. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. BT: ATTEST: RONALD J. WASSON, CITY MANAGER Sworn to (or affirmed) and subscribed before me by means of physical presence or — online notarization, this 29 day of M 004..— 2026, by (Name of person making statement) I FTM-N-n-re produced 'K or has produced Identification , type of identificatil Nbffinjft-y� �kj �kj • • a Exhibit A (Referenced From) INDEPENDENT AUDIT SERVICES FOR THE CITY OF AVENTURA RFP # 20-03-25-2 III. NATURE OF SERVICES REQUIRED A. General The City of Aventura is soliciting the services of qualified firms of Independent Certified Public Accountants to audit the City's financial statements for the fiscal year ending September 30, 2020, and the financial statements of the Aventura City of Excellence School and the Don Soffer Aventura High School for the fiscal year ending June 30, 2021, and any required Special Reports such as Grants or other compliance reporting, as well as auditing those financial statements and other Special Reports for the subsequent fiscal year. These audits are to be performed in accordance with the provisions contained in this Request for Proposal. B. Scope of Work to be Performed The City desires the independent auditor to express an opinion as to whether the financial statements of the City and the Aventura City of Excellence School and the Don Soffer Aventura High School chartered by the City and Miami -Dade County Public School District, present fairly, in all material respects, and in accordance with accounting principles generally accepted in the United States of America. 2. The City also desires the auditor to express an opinion on the fair presentation of its government -wide and fund financial statements and schedules in conformity with accounting principles generally accepted in the United States of America. The auditor is not required to audit the supporting schedules contained in the comprehensive annual financial report. However, the auditor is to provide an "in -relation -to" opinion on the supporting schedules based on the auditing procedures applied during the audit of the government -wide and fund financial statements and schedules. The auditor is not required to audit the introductory section of the report or the statistical section of the report. 3. The auditor shall also be responsible for performing certain limited A-1 procedures involving required supplementary information required by the Governmental Accounting Standards Board in accordance with auditing standards generally accepted in the United States of America. 4. The auditor is required to audit the schedule of expenditures of federal awards and state financial assistance in accordance with the Federal and Florida Single Audit Act respectively. The auditor is not required to audit the Aventura City of Excellence School or the Don Soffer Aventura High School for the fiscal year ending June 30, 2020, as both schools will be audited by Caballero Fierman Llerena & Garcia, LLP who will furnish their report to the City's principal Independent Auditor during the engagement. C. Auditing Standards to be Followed To meet the requirements of this request for proposals, the audit shall be performed in accordance with: 1. Auditing Standards generally accepted in the United States of America; 2. The standards for financial audits set forth in the U.S. General Accounting Office's Government Auditing Standards (2022 Revision); 3. The provisions of the Federal Single Audit Act of 1984 (as amended in 1996 and subsequently); 4. The Florida Single Audit Act; 5. The provisions of U.S. Office of Management and Budget (OMB) Circular A-133; 6. Audits of States, Local Governments, and Non -Profit Organizations, Audits of State and Local Governments (Revised) — AICPA. 7. Section 11.45, Florida Statutes; 8. State of Florida Department of Banking and Finance Regulations; 9. Rules adopted by the State of Florida Auditor General for form and content of governmental unit audits; 10.Any other applicable Federal, State and local laws or regulations; Any updates of, or amendments to, these described auditing standards are to be incorporated in future audits performed by the selected auditor performing A-2 auditing engagements for the City in future fiscal years. D. Reports to be Issued Following the completion of the audit of the City's financial statements for the fiscal year ending September 30t", and subsequently, following the completion of the audit of the Aventura City of Excellence School and the Don Soffer Aventura High School's financial statements for the fiscal year ending June 30t", the auditor shall issue: An Independent Auditor's Report on the fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, pursuant to an audit conducted 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. 2. An Independent Auditor's 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. 3. If applicable, an Independent Auditor's Report on Compliance for Each Major Federal Program and Major State Project; Report on Internal Control over Compliance and Report on the Schedule of Expenditures of Federal Awards and State Financial Assistance required by OMB Circular A-133, Section 215.97 Florida Statutes, and Chapter 10.550, Rules of the Auditor General. 4. An Independent Auditor's Report to City Management in Accordance with Audits of States, Local Governments, and Non -Profit Organizations; and Chapter 10.550, Rules of the Florida Auditor General. 5. In the Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters, the auditor shall communicate any material weakness found during the audit. A material weakness is a deficiency, or combination of deficiencies in internal control such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. The reports on compliance and internal controls shall include all instances of noncompliance. Irregularities and illegal acts. The auditors shall be required to make an A-3 immediate, written report to the Assistant City Manager — Finance and Administration and the City Manager of all irregularities and illegal acts or indications of illegal acts of which they become aware. Reporting to the Assistant City Manager — Finance and Administration and the City Manager. Auditors shall also disclose the following: a) The auditor's responsibility under auditing standards generally accepted in the United States of America, and assurances that the independent auditor is currently licensed, and that the members of the audit team have the minimum required Continuing Professional Education credits required for performing audits under Governmental Auditing Standards. b) Significant accounting policies. c) Management judgments and accounting estimates. d) Significant audit adjustments. e) Other information in documents containing audited financial statements. f) Disagreements with management. g) Management consultation with other accountants. h) Major issues discussed with management prior to retention. i) Difficulties encountered in performing the audit. E. Special Considerations 1. The City will submit its Comprehensive Annual Financial Report (CAFR) to the Government Finance Officers Association of the United States and Canada for review in their Certificate of Achievement for Excellence in Financial Reporting program. It is anticipated that the auditor will be required to provide any special assistance deemed necessary to the City in order to meet the requirements of that program. 2. The City currently anticipates that it will not issue any official statements in connection with the sale of debt securities. However, if the City determines it to be in their best interest to issue new debt or refinance existing debt the official statements may be required which will contain the general purpose financial statements and the auditor's report thereon. The auditor shall be required, if requested by the fiscal advisor and/or the A-4 underwriter, to issue a "consent and citation of expertise" as the auditor and any necessary "comfort letters." 3. The City owns two (2) charter schools that are chartered by the Miami - Dade County Public School District. Both schools are included as Major Special Revenue Funds of the City and operate on a fiscal year that begins on July 1st and ends on June 30t". The Aventura City of Excellence Charter School ("ACES") is operated by the City while the Don Soffer Aventura High School ("DSAHS") is operated under a separate Planning/Management Services Agreement with Charter Schools USA ("CSUSA"). The DSAHS audit will be done at the offices of: Charter Schools USA 800 Corporate Drive, Suite 700 Fort Lauderdale, FL 33334 Phone: (954) 202-3500 4. The Schedule of Expenditures of Federal Awards and State Financial Assistance Projects and related auditor's report, as well as the reports on compliance and internal controls are to be issued as part of the CAFR. 5. A list of findings and other weaknesses from the City's most recent financial statement audit are attached to this document (Not Applicable). F. Working Paper Retention and Access All working papers and reports must be retained, at the auditor's expense, for a minimum of five (5) years, unless the firm is notified in writing by the City of the need to extend the retention period. The auditor will be required to make working papers available, upon request, to the following parties or their designees: City of Aventura Cognizant agency(s) pursuant to OMB Circular A-133 U.S. General Accounting Office (GAO) Auditor General of the State of Florida Parties designated by the federal or state governments or by the City as part of an audit quality review process. Auditors of entities of which the City is a recipient or a sub -recipient of grant funds. In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting, reporting or auditing significance. A-5 Exhibit B e k..ULLOugn "'J", V o S! d Ms. Indra K. Sarju, Purchasing Agent City of Aventura 19200 West Country Club Drive Aventura, FL 33180 Dear Ms. Sarju: Please accept this letter as confirmation of our discussion with Commissioner Shelley, Audit Committee Chair, regarding our proposal to provide auditing services to the City for the five-year period ending September 30, 2024 and the City schools ending June 30, 2025, We understand that the City has been impacted by the current COVID-19 crisis and is experiencing higher than normal costs. We have agreed to provide a seven percent (7%) fee reduction in years one and two of our contract for the City audit with the goal of providing some short-term relief to the City. These fees would be added to the annual increases in years three through five to compensate for the adjustment. We have detailed the fees on the attached schedule for clarity. We are excited about the opportunity to continue to serve as your independent auditing firm. Please feel free to contact me directly if you require additional information. KEEFE WCULLOUGH SOUTH FLORIDA BUSINESS JOURNAL a, X �R 9 5 "S Kmccpac('am 1 pq � � ' � , , `rms ir Top p 25 Accounifing Firms Tr up 400 Accounting R the .9,1S. uM PIJOhIOCJI BEST PLACES TO WORK CITT WT ENT F SCHEDULE OF PROPOSED FEES ORIGINAL ANNUAL ADJUSTED PROPOSED FEE ANNUAL FEE ADJUSTMENT FEE YEAR 1 40,000 (2,800) 37,200 YEAR 2 42,000 (2,800) 39,200 YEAR 3 44,000 1,866 45,866 YEAR 4 46,000 1,867 47,867 YEAR 5 48,000 1,867 49,867 220,000 - 220,000 AVENTURA CITY OF EXCELLENCE SCHOOL YEAR 1 11,000 - 11,000 YEAR 2 11,000 - 11,000 YEAR 3 11,000 - 11,000 YEAR 4 11,000 - 11,000 YEAR 5 11,000 - 11,000 DON SOFFER AVENTURA HIGH SCHOOL YEAR 1 11,000 - 11,000 YEAR 2 11,000 - 11,000 YEAR 3 11,000 - 11,000 YEAR 4 11,000 - 11,000 YEAR 5 11,000 - 11,000 would only be in periods d ADDENDUM TO CONTRACT FOR SERVICES (CITY OF AVENTURA — KEEFE, MCCULLOUGH & CO., LLP) THIS ADDENDUM to the contract for the provision of services (the "Contract") is made and entered into effective as of the _ day of 2020, by and between, the City of Aventura, Florida, a Florida municipality, whose business address is 19200 W. Country Club Drive, Aventura, Florida 33180 (the "CITY") and KEEFE, MCCULLOUGH & CO., LLP (the "AUDITORS"). WITNESSETH WHEREAS the CITY and the AUDITORS previously entered into a Contract for audit services to be provided to the CITY by the AUDITORS as described in the contract; and WHEREAS, CITY procurement procedures require that agreements with CITY contractors require the Contractor to comply with the Public Records Act; and WHEREAS, upon CITY'S request, the AUDITORS desires to assure the CITY of the AUDITORS' compliance with the Public Records Act. NOW THEREFORE IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, IT IS HEREBY AGREED BY CITY AND AUDITORS, AS FOLLOWS: (1) Recitals. The above stated recitals are hereby adopted and confirmed. (2) Public Records Act Compliance. a. AUDITOR agrees to keep and maintain public records in AUDITORS' possession or control in connection with AUDITORS' performance under this Agreement. AUDITOR additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. AUDITOR shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Agreement, and following completion of the Agreement until the records are transferred to the CITY. b. Upon request from the CITY custodian of public records, AUDITOR shall provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. c. Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the AUDITOR shall be delivered by the AUDITOR to the CITY MANAGER, at no cost to the CITY, within thirty (30) days. All such records stored electronically by AUDITOR shall be delivered to the CITY in a format that is compatible with the CITY'S information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, the AUDITOR shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. d. Any compensation due to AUDITOR shall be withheld until all records are received as provided herein. e. AUDITORS' failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the CITY. Section 119.0701(2)(a), Florida Statutes CUSTODIAN OF PUBLIC RECORDS. Custodian of Public Records: ELLISA L. HORVATH, CITY CLERK Mailing address: 19200 W. COUNTRY CLUB DRIVE, AVENTURA, FL 33180 Telephone number: 305-466-8901 (3) Conflict. In the event that a conflict arises between the provisions of the Agreement and this Addendum, the provisions of the Addendum shall control. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Addendum to Contract upon the terms and conditions above stated on the day and year first above written. W"HIMNI Ronald J. Wass City Manager City Clerk Engagement Letter - City Keef e MtCullough CPA's + Trusted Advisors Mr. Ronald J. Wasson, City Manager, Honorable Mayor and Members of the City Commission City of Aventura, Florida 19200 West Country Club Drive Aventura, FIL 33180 IWOTI T1,617MOM Hom IN IN comparing ine 111'rormaTion Tor consisierwj,7,1111 s respilnse IL 11111111111 11 L financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1. Management's Discussion and Analysis. 2. Budgetary Comparison Schedules. 3. GASB - Required Supplementary Pension and Other Post -Employment Benefits (OPEB) Schedules. *110111111!r. 80111#10] MAN 0 0 0 A i W I A. comparing and reconciling such information directly to the underlying accounting and other records procedures in accordance with auditing standards generally accepted in the United States of America, and we will provide an opinion on it in relation to the financial statements as a whole, in a report combined with our auditor's report on the financial statements: 1. Schedule of Expenditures of Federal Awards and State Financial Assistance, if applicable. 2. Combining and Individual Non -Major Fund Financial Statements and Budgetary Comparison Sched,les. SOUTH FLORIDA BUSINESS JOURNAL Cc .corn 1 6550 N Federal Hwy, 4th Floor, Fort Lauderdale, FL 33308 Phone� 954.771.0896 Fax: 954.938.9353 To25 Accounting Firms I South Florida Business Journal Top 400 Accounting Firms in the U.S. I INSIDE Public Accounting REST PLACES TO WORK City of Aventura, Florida - 2 - June 1, 2020 The following other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and our auditor's report will not provide an opinion or any assurance on that other information: 0595MM I Fluor. 124 it 14 11 lug] 0 a 11 V 1 Its] re I W14 WHIEWS&I In I GE U Ig rzmmwel I #11 v 1 Imabiq I #1#] 1:4 11 V4 11 a illy a I AINI M W1 • I �i I I a 0- IMMMOW4 on NI plaid 0 lily•I ,A A oil IIIIIIIAMMIDIRIII -I UNIMAK 11*t Tifurneu U•1111011.3,7ze FlId'PtCUIne tMa-A OLMSJUAr-USS-11 e r e p o r f s, o r 'tite pit engagement. KMCcpaxom I 1550 N Federal Hwy, /,th Floor, Fort [-3uderdale, FL. '3308 Pho,�e. `,)54.771.096 Fax: 954.930.9393 City of Aventura, Florida -4- June 1, 2020 As required by the Uniform Guidance and Chapter 10.550, Rules of the Auditor General, we will perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program and state project. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no MJx M-M Xw_#CrWe:�_-K 2 k Chapter 10,550, Rules of the Auditor General. 6_40"I N il LI • low 1MWn1caM-TnaeF AIUFA pruiesslonai SLanuaru UL'Aak the Uniform Guidance and Chapter 10.550, Rules of the Auditor General. Audit Procedures -Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City's compliance with provisions of applicable laws, regulations, contracts, and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. The Uniform Guidance and Chapter 10.550, Rules of the Auditor General requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with applicable federal and state statutes, regulations, and the terms and conditions of federal and state and other applicable procedures described in the OMB Compliance Supplement and Chapter 10.550, Rules of the Auditor General for the types of compliance requirements that could have a direct and material effect on each of the City's major programs and projects. The purpose of these procedures will be to express an opinion on the City's compliance with requirements applicable to each of its major programs and projects in our report on compliance issued pursuant to the Uniform Guidance and Chapter 10.550, Rules of the Auditor General. Eon D. 1100111EISMIR Mum 1. a . MiMM-11 M-I LIM 0 M on - I ^ 1 0 WITANI OM A MEMO 9 is M ME 92 information provided by you. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. We will perform the services in accordance with applicable professional standards. The other services are limited to the financial statements, schedule of expenditures of federal awards and state financial assistance, and related notes services previously defined. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities. KMCcpa,con,,, 6550 N Federal 1 1,Ny, 4th Floor, Fort Lauderdale, FL 33308 Phone: 954.771.0896 Fax: 954.938.9353 � ord no" 'g®r, IN City of Aventura, Florida -7- off RNMIX11 We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any documents selected by us for testing. At the conclusion of the engagement, we will complete the appropriate sections of the Data Collection Form that summarizes our audit findings. It is management's responsibility to electronically submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditor's reports, and corrective action plan) along with the Data Collection Form to the Federal Audit Clearinghouse. We will coordinate with you the electronic submission and certification. If applicable, we will provide copies of our report for you to include with the reporting package you will submit to pass -through entities. The Data Collection Form and the re ortin icka e must be submitted within the earlier of 30 calendar days after receipt of the auditor's We will provide copies of our reports to the City; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public The audit documentation for this engagement is the property of Keefe McCullough and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to the Auditor General or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. if requested, access to such audit documentation will be provided under the supervision of Keefe McCullough personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by the agencies listed above. If we are aware that a federal awarding agency, pass -through entity, or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Any requested work outside the scope of the audit will be discussed in advance with the City's Finance Director and billed at the quoted hourly rates. KMCcpaxomm 1 655UNFedera|Hwy, 4,hRoor,Fu�Lauderdab.FL333U8 Fhon2.954J71.0396 Fax:f5Z�.f38.9J53 City of Aventura, Florida - 8 - June 1, 2020 0 0 ^ 0 - tommagimo copy and return it to us. M30mz= KEEMMcCULLOUGH Willrnl& Benson, C.P.A. BO IM, KMCcpaxom 1 6550 N Federal Hwy, 4th Floor, Fort Lauderdale, FL 33308 Phom954.771,0896 Fax:954,938,9353 City of Aventura, Florida -5- June 1, 2020 Aventura City of Excellence Charter School The audit documentation for this engagement will be retained for a minimum of five years after th,,4 report release date or for any additional period requested by a regulator. if we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the party(ies) contesting tht- audit finding for guidance prior to destroying the audit documentation. Our proposed fees are included in Exhibit B to the Auditor Agreement dated June 1, 2020. Our invoices r - lor these services will be rendered each month as work progresses and payable on presentation. The above fees are based upon the anticipated cooperation from your personnel and the assumption that unexvected circumstances will not be encountered clurin the audit. If ignificant additional time is 9 -si necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Any requested work outside the scope of the audit will be discussed in advance with the City's Finance Director and billed at the quoted hourly rates. We appreciate the opportunity to be of service to the City of Aventura, Florida and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. if you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Regards, KEEFE cCLOUGH Willia G. enson,C.P.A. RESPONSE: YM7Mer correc rjseT e uncierSTanaing Charter School. fim I KMCcpa-corin 1 6550 N Federal Hv.,y, Lth Floor, Fci-t Lauderdale, FL 33308 Phone: 954.771.0896 Fax: 954.938.9353 City of Aventura, Florida -5- June 1, 2020 Don Soffer Aventura High School The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by a regulator. If we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. Our proposed fees are included in Exhibit B to the Auditor Agreement dated June 1, 2020. Our invoices for these services will be rendered each month as work progresses and payable on presentation. The above fees are based upon the anticipated cooperation from your personnel and the assumption necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Any requested work outside the scope of the audit will be discussed in advance with the City's Finance Director and billed at the quoted hourly rates. We appreciate the opportunity to be of service to the City of Aventura, Florida and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Regards, KEEFV�VIc('LjLLOUGH fflw�� This letter correctly sets forth the understanding of City of Aventura, Florida - Don Soffer Aventura High School. am KMCc?,,.,1a,com I 6550 N Federal ldvq, Lth Floor, Fort Lauderdale, FL 33308 Phone: 954.771.0896 Fax: 954.938.9353 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager er DATE: June 5, 2020 SUBJECT: Resolution Condemning Bias and Discrimination on the Basis of Race, Ethnicity and Religion June 9, 2020 City Commission Meeting Agenda Item 5N RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution Condemning Bias and Discrimination on the Basis of Race, Ethnicity and Religion. If you have any questions, please feel free to contact me. RJW/act Attachment CCO1896-20 RESOLUTION NO. 2020- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, CONDEMNING BIAS AND DISCRIMINATION ON THE BASIS OF RACE, ETHNICITY AND RELIGION; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura (the "City"), its Mayor, City Commission, City Manager, Chief of Police, entire Aventura Police Department and employees city-wide, are deeply saddened by the tragic recent events that have occurred across the country; �I WHEREAS, racial, ethnic and religious bias have no place in our city and we are committed to working actively against all forms of discrimination; and WHEREAS, the City actively promotes the acceptance of every race, ethnicity and religion; and WHEREAS, the City asserts that everyone should be safe and not fear harm where they live, work and play; and WHEREAS, the City denounces discrimination and bias against any race, ethnicity or religion; and WHEREAS, the City denounces unnecessary harm inflicted by those who are trained to protect and serve; and WHEREAS, the City denounces inaction by those who have the authority to intervene; and WHEREAS, the City acknowledges that in all professions there are bad actors and that those bad actors need to be quickly rooted out when they adversely impact public safety; and WHERAS, the City denounces violent displays of protests; and WHEREAS, the City encourages citizens to stand up for equality and against discrimination through peaceful speech and action; and City of Aventura Resolution No. 2020- WHEREAS, the City encourages law enforcement and the community to work together for the enjoyment of peace in all neighborhoods; and WHEREAS, the City is committed to safeguarding our community against the damages that bias and discrimination cause and to ensuring that the Constitutional rights of every person who lives, works, and visits our great city are protected. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. Recitals. That the recitals and findings contained above are hereby confirmed, adopted and incorporated herein. Section 2. Support. That the City Commission hereby stands against racial, ethnic and religious bias and discrimination and reaffirms its commitment to fighting for justice and human and civil rights for all. Section 3. Transmittal. That the City Clerk is directed to transmit a copy of this Resolution to Miami -Dade County Mayor Carlos A. Gimenez, the Board of County Commissioners, and the Miami -Dade County League of Cities. Section 4. Effective Date. That this Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman Page 2 of 3 City of Aventura Resolution No. 2020- PASSED AND ADOPTED this 9t" day of June, 2020. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager BY: Joanne Carr, AICP JI&W Community Development Director DATE: June 5, 2020 SUBJECT: Request of Aventura Peruana LLC for Conditional Use Approval to allow the sale and service of alcoholic beverages at a cocktail lounge -bar within the Jarana restaurant located at 19505 Biscayne Boulevard, Suite E150 in the Esplanade at Aventura development, City of Aventura (CUP2002-0001) June 9, 2020 City Commission Meeting Agenda Item 6A RECOMMENDATION It is recommended that the City Commission approve the conditional use application to allow sale and service of alcoholic beverages at a cocktail lounge -bar within the Jarana restaurant (the "restaurant") at 19505 Biscayne Boulevard, Suite E150 in the Esplanade at Aventura development, subject to the following conditions- 1 . This approval shall be granted exclusively to Aventura Peruana LLC operating the Jarana restaurant located at 19505 Biscayne Boulevard, Suite E150, in the Esplanade at Aventura development and may not be transferred to another owner and/or operator of the restaurant or to another location. 2. The cocktail lounge -bar shall operate as an accessory use to the restaurant. 3. Alcoholic beverages shall be served for on -premise consumption only. 4. The cocktail lounge -bar use will be automatically terminated upon termination of the restaurant use. 5. The applicant shall comply with the hours of operation allowed to bars and cocktail lounges for sale of alcoholic beverages for consumption on premises pursuant to Section 4-3(d) of the City Code; namely, between the hours of 8.00 a.m. and 1.00 a.m. the following day. 6. Meals shall be available at the cocktail lounge -bar area, but this does not preclude service of an alcoholic beverage only without food as long as the establishment complies with the food/beverage revenue percentages required by the State license. 7. The applicant shall obtain an alcoholic beverage license from the State of Florida and begin sales and service of alcoholic beverages within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission at the written request of the applicant, provided that the applicant has filed the request for extension within the twelve (12) month period prior to expiration. 8. The applicant shall conduct Responsible Vendor Training pursuant to Florida Statutes to ensure no sales are made to underage customers or to customers who may have been over -served at other establishments. 9. The conditional use approval may be terminated in the event the City Manager determines that the approval has created and/or is creating a disturbance to the community. The applicant agrees to immediately discontinue sales and service of alcoholic beverages upon written notice to the applicant of such a determination. 10.Any discontinuation of the sales and service of alcoholic beverages for a period of 180 consecutive days shall constitute abandonment and shall rescind this approval. THE REQUEST The applicant, Aventura Peruana LLC, is requesting conditional use approval to sell and serve alcoholic beverages at a cocktail lounge -bar within the Jarana restaurant at 19505 Biscayne Boulevard, Suite E150 in the Esplanade at Aventura development, notwithstanding the distance and spacing requirements for sale and service of alcoholic beverages in Section 4-2(a) and (b) of the City Code. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY APPLICANT ADDRESS OF PROPERTY Seritage SRC Finance LLC Aventura Peruana LLC 19505 Biscayne Boulevard, City of Aventura (See Exhibit #2 for Location Map) LEGAL DESCRIPTION Part of Section 3, Township 52 South, Range 42 East, Public Records of Miami -Dade County, Florida (See Exhibit #3 for complete legal description) Zoning — Subject Property: B2 Community Business District oil Property to the North: B2 Community Business District Property to the South: B2 Community Business District Property to the East: B2 Community Business District Property to the West: B2 Community Business District Existing Land Use — Subject property: Properties to the North: Properties to the South Properties to the East: Properties to the West: Commercial Plaza Regional Mall Regional Mall Regional Mall Regional Mall Future Land Use - According to the City of Aventura Comprehensive Plan, the following properties are designated as follows: Subject property: Business and Office Property to the North: Business and Office Property to the South: Business and Office Property to the East: Business and Office Property to the West: Business and Office The Site — The Jarana restaurant is proposed to be located in Suite E150 in the Esplanade at Aventura development that is underway at 19505 Biscayne Boulevard. The tenant location plan is attached as Exhibit #4. The Project - The applicant is proposing to open a restaurant in Suite E150 of the Esplanade at Aventura development. The restaurant will have 5319 square feet of indoor floor area and 1471 square feet of outdoor area. There are 88 seats at tables indoor, 5 seats at the bar, 36 seats at the cocktail lounge and 82 seats at tables on the outdoor patio. Sales and service of alcoholic beverages is proposed at an indoor cocktail lounge -bar. The restaurant and the cocktail lounge and bar are permitted uses in the B2, Community Business, zoning district. A sample floor layout is attached as Exhibit #5 to this report. The applicant will be applying for a 4COP series, SFS class, liquor license from the State of Florida. The state license requires that the restaurant derive at least 51 percent of gross food and beverage revenue from the sale of food and nonalcoholic beverages. It may not operate as a package store and may not sell intoxicating beverages after the hours of serving or consumption of food have elapsed. The license may not be moved to a new location. ANALYSIS Sales and service of alcoholic beverages are permitted by Code at tables inside the restaurant and at tables in the outdoor patio; however, sales and service of alcoholic 3 beverages at the cocktail lounge -bar requires conditional use approval due to the distance and spacing requirements of Chapter 4 of the City Code. Consistency with Comprehensive Master Plan — The request is consistent with the City of Aventura Comprehensive Plan. This establishment is located within property with a Business and Office land use designation. Citizen Comments — As of the date of writing of this report, the Community Development Department has not received any citizen comments. Community Development Department Analysis - Chapter 4 of the City Code regulates the sale and service of alcoholic beverages. Sections 4-2 (a) and (b) establish certain spacing and location requirements applicable to businesses selling alcoholic beverages. The Code provides that, unless first approved as a conditional use, no premises shall be used for the sale of alcoholic beverages to be consumed on or off premises unless it is located at least 1,500 feet from a place of business having an existing liquor license (and not one of the uses excepted by City Code from the spacing requirements) and 2,500 feet from a religious facility or school. Section 4-2 (e) of the City Code allows certain exceptions from this conditional use requirement. Dining rooms in restaurants in the B2 zoning district that serve cooked, full course meals, prepared daily on the premises, are one of the exceptions provided by this Code section. Cocktail lounges -bars in restaurants are also an exception to the conditional use approval requirement, provided that the restaurant has 150 or more seats at tables, including bars or counters at which full course meals are available and provided that the restaurant has more than 2500 square feet of floor space. The dining room in the applicant's proposed restaurant meets the exemption criteria of Section 4-2(e) of the City Code. The restaurant meets the floor area requirement with 5319 square feet of indoor floor area; however, conditional use approval is required for the applicant's proposed sale and service of alcoholic beverages at the cocktail lounge - bar because it does not meet the exemption requirement for the minimum number of seats. The applicant's proposed restaurant has a total of 132 interior seats, where a minimum of 150 seats is required by Code for the exception. The 82 outdoor patio area seats are not included in the calculation to determine compliance with City Code. A liquor survey is required to show spacing and distance to other non-exempt establishments with an existing alcoholic beverage license and to religious facilities and schools. The applicant has submitted the liquor survey attached as Exhibit #6. The survey reveals thirty-six (36) establishments with an alcoholic beverage use within 1,500 feet. Of those thirty-six (36) establishments, there are six (6) are establishments that are not excepted from the distance and spacing requirements of the City Code. Those six establishments are: Caviar & More! Cafe, Beluga Bar, Piacere News Cafe, Genuine Piazza, International Smoke and Serafina restaurant. All six of these establishments applied for and were granted conditional use approval. In addition, the survey identifies one (1) religious facility and one (1) school within 2,500 feet; those In being the Metropolitan Community Synagogue on West Dixie Highway and Aventura City of Excellence School on NE 188 Street. Criteria According to Section 31-73(c) of the City Code, a conditional use approval application is evaluated using the following criteria: 1. The proposed use shall be consistent with the Comprehensive Plan. The request is consistent with the City of Aventura Comprehensive Plan. The future land use designation for this parcel is Business and Office. The business and office future land use designation accommodates the full range of sales and service activities. 2. The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. The establishment, maintenance and operation of the proposed service and sale of alcoholic beverages at the cocktail lounge -bar area within the restaurant will not be detrimental to or endanger the public health, safety or general welfare. The conditions that on -premises consumption of the alcoholic beverage will be made only in conjunction with food service and that the use may be terminated by the City Manager if the use creates a disturbance or is operated in violation of the conditions of this approval will provide safeguards to ensure that the use will not be detrimental. 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The proposed restaurant is located within the Esplanade at Aventura restaurant/retail/office development currently under construction. The immediate neighborhood of the proposed use is comprised of retail, restaurant, office, hotel, commercial and medium and high -density residential uses. The proposed use is consistent with the community character of the immediate neighborhood and existing uses within the surrounding properties. 4. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services shall exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the requirement of these LDR's. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services exist at the City's adopted levels of service or will 5 be available concurrent with demand as provided for in the City's Land Development Regulations. 5. Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. The proposed use is located within the Esplanade at Aventura development adjacent to the Aventura Mall. Adequate measures have been taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Ingress and egress to the development is by way of Biscayne Boulevard and the internal ring road. 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The establishment of this use will not impede the development of surrounding properties for uses permitted in the zoning district. 7. The design of the proposed use shall minimize adverse effects, including visual impacts of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The restaurant is located within the one-story Building E of the Esplanade at Aventura development. The fagade and main entrance are oriented to the interior of the development and landscaped to minimize any adverse effects on adjacent property. The development is providing required setbacks, buffers, landscaping and other design criteria approved by the City. Renderings of the exterior and interior of the restaurant are attached as Exhibit #7. 0 Greenspoon MarderILLP March 05, 2020 City of Aventura c/o Joanne Carr, Community Development Director 19200 West Country Club Drive Aventura, Florida 33180 Adrienne Note, Esq. Brickell World Plaza 104-14"1 Miami, Florida 33131 Phone: 305,789.2770 Fax: 305.537.3900 Direct Phone: 305.789.2733 Direct Fax.-305.S37,3929 ull, adrienne,noto@gmlaw,com Re: Letter of Intent for a Conditional Use Approval for Jarana at 191505 Biscayni Boulevard, Suite E150, Aventura, Florida 33180 Our Law Firm represents Aventura Peruana LLC (the "Applicant"), the tenant of the restaurant space (the "Restaurant Premises") located at 19505 Biscayne Boulevard, Suite E150, Aventura, Florida 33180 ("Property"), The Applicant. is making this application for a Conditional Use Approval as the Restaurant Premises has a bar within the space and would like to utilize that bar as a cocktail loungelbar. The Restaurant Premises consists of a total of 6,790 square feet and a total of 211 seats (5 seats at the cocktail to 36 seats in the lounge, 82 seats indoors at tables, 6 seats indoors at A and flex tables, and 82 seats outdoors at tables), which we have be6n informed by you requires Conditional Use Approval. Please allow this letter, as well as the enclosed application materials, to serve as the Applicant's Letter of Intent ("LOF') in connection with the foregoing application. The Applicant is seeking the ability to utilize the bar within the Restaurant Premises (as shown on the enclosed architectural floor plan) as a cocktail. bar rather than for the sole purpose of a service bar, ie. allowing patrons to enjoy their meal at the bar should they choose to do so, have a drink while waiting for a table within the restaurant, etc. The hours of operation of the restaurant will comply with Chapter 4 of the City of Aventura Code, The Restaurant Premises is located within the 132 (Community Business (B2) District) zoning district, which is intended primarily to provide for general commercial activity for a wide range of goods and services to the entire community and sub region, A restaurant is a main perrpitted use in the B2 zoning district and you have informed us that a cock -tail lounge within a restaurant with less than the required interior accommodations for the service of 200 or more persons at tables and more than 4,000 square feet may be permitted as a conditional use. The Applicant's proposed operation of Jar a. satisfies the criteria set forth in §31-73(c) of the City Code's Land Development Regulations as follows: Boca Raton Denver Ft Lauderdale Iselin Las Vegas Los Ariples Miami Naples New York Orlando Phoenix Pordand San Diego Tallahassee Tampa West Palm Beadn March 05, 2020 Page No. 2 Satisfied. The restaurant is a permitted use within the B2 zoning district and a cocktail lounge/bar within a restaurant may be permitted as a conditional use. Further, these uses are consistent with the City of AventuTa Comprehensive Plan as the Future Land Use designation is both business and office. (2) The establishment, maintenance or operation of the proposed use shall not bt detrimental to or endanger the public health, safety, or general welfare: Satisfied® As set forth in the cumulative application materials, the restaurant and its controlled operation of the venue will not adversely affect the public health, safety, or general welfare, There are other venues within the City of Aventura that have Conditional Use Approvals for the use of a cocktail lounge/bar within the restaurant that do not meet the requirements as referenced above. The use of a cocktail lounge/bar is not anticipated to create an adverse effect or disturbance to the neighboring communities. (3) The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use: Satisfied. The Restaurant Premises is located within Esplanade at Aventura. The Aventura all and its expansion area are located nearby the Restaurant Premises. Therefore, the immediate surrounding area of the Esplanade at Aventura and the Aventura all and its expansion area contain other commercial and retail uses, restaurants, office, hotel, and medium and high density residential uses, The restaurant use is consistent with the surrounding uses. (4) Utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire, and emergency services, shall exist at the City's adopted levels of ax*16V, these-LDRs: Satisfied. The Applicant's use as a restaurant will not alter the levels of service nor will it alter utilities, roadway capacity, and other necessary public facilities, including police, flre, and emergency services. (5) Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets: Satisfied. As the restaurant is located within in Esplanade at Aventura, and nearby the Aventura all and its expansion area, there are adequate measures for ingress and egress to the property, including access to Biscayne Boulevard, West Cotuitry Club Drive, Aventura Boulevard, and convenient, access to the William Lehman Causeway. March 05, 2020 Page No. 3 (6) The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district: Satisfied. As the Restaurant Premises is located in Esplanade at Aventura and nearby the Aventura Mall and its expansion area, the approval of this Conditional Use for the Applicant will not impede the development of the surrounding properties for uses pennitted. (7) The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria: Satisfied. As the Restaurant Premises is located in Esplanade at Aventuxa and nearby the Aventura all and its expansion area, there will be no adverse effect to the approval of this application, including but not limited to visual impacts. In light of the foregoing, and the cwnulative application materials submitted herewith, we respectfully request your favorable review and approval of this application, Very Respectfully Submitted, A " Aax- Adrienne oto, Esq. For the Firm BROWARD COUNTY r�■�o■��®��c E77 VVre%"iQi i9■,M E o®ee ®n DADECOWVTY '`• ■�!�'lo�Sd'!'l�Vi�'/�V4i°! GuffsrFeam `L YA H LUB DR. ■ ■ '■ 1 Par* ■ MARINA • :i �■ Av tertu•u Nuspirof HARBOR COVE CIRCLE WAY ■ .�� - ■ & Center ui Q Wp,Y ■ MP t14�R .r Waterways ■ ;r m WATERWAYS ShoppeS 207 ST. ■ ■ w w ■ COUNTRY CLUB DR. �■ ° The N 205 Promenade ■ ■ ° Shops C p ■ Q O�Ft'L� IVES DAIRY RD. 203 ST. ■ 201 TER. N m o ?urnber Isle ■ Club Z '• AVENTURA �4v9 co D Reson & / ' ■ Ul :3 :• Fire v y OP • J Rescue Aventura cc 's Station Library Z G� S� • O • ¢ Q� A en Mall Subject Site a '■ O YAC� lT Q U tUg �J • ',�■ City of Aventura u Government Center 192 ST. wtLLtAM a 192 ST. is 191 ST. Q�' • MYSSIC W .e X Loehmann's 1909 i • O 3 i■ Fashion Island W . Q ■ t ■ a N 188 ST. • • m 2 '• 0 33180 CARD GARDENS DR. ��ul ' _ _ _ _ _ _ _ _ _ _ _ T 33 _ 60: 'f 1$3 ST. � Dumfoundfing 1 �1 Bay . Atlantic F7 QCCOn 's Little :. Biscayne a Z rn Williams • 3, Sound :o arbour 180 ST, Lake a N f H Point n i� . G? l Maule ' Lake ♦♦ 1/ ♦ ♦♦ ' 2 f UUNU U%Y Roadways ■ . • City Boundary -- • — • — ZIP Code Boundary --•------•- Railroad Exhibit 2 CUP2002-001 PARCELI: APARCEL OF LAND !IYNGIN SECT10N $ TOWNSHIP » SOLFrH, RANGE 42 EAST, MIAMI-DADE COUNTY,FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: AMENDMENTTO EASEMENTAND OPERATING AGREEMENTAND RELATED DOCUMENTS, DATED APRIL 30,2007 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. n cm �x N� o_ od N o A 0 — - - — LANDLORD'S PARCEL IN LEASED PREMISES o' 50' 100' 200' AVENTURA, FL SCALE: 1' = 150'-0* NOTE., The ExW is not a mpmse*Om as to fhe idenfdy, size, lmdm, type or opwft date of any tmproveme f. buAdxg, pem bons, txWT sbmerd, afore, fanenf, ocwpant or ft*,, or the occummy of any pwrjsas, buAdap, or future pmm wa or hdum & Ading wMNn fhs Shopping center Except as odwwiss sxpressty at in fhe Lease, LendWd reserves the right to remove, dranpe. Ow or modry any bL**V , carmmon areas, Impmv me b or ocher Asms Wtcehfd on this EYW of any time and from Ow to tim. 1 a ] 4 \ \ G MINIMUM PLUMBING FIXTURE COUNT REQUIREMENTS RESTAURANT ww e n_r__w_tar_®winam��resa_e h LEGEND: rmrea r...r. ar,r,.ro�eP.rr..�errr+..P wrr.\I.rrrrrr.Pe.ro.�rx.,I.a.r c.. rw.•rar.srrww.m.nria,erm<warYo_r ®_ Exhibit 5 CUP2002-001 LEGEND s.dx Pewvnox Y n_[ POD _ rl P mm—wea\\nm _ mmc un \omc has wR p Pf K nE Emm� m°�iuca_ �P�� m mac � roc w.w av�ax�amor. E o�. m�.eeBiPa .m Glsle, nR * w_PonPmr+—iar mPo uwr m.c nrr q ram roi m¢ oenc ,mime, w.e\a mml x eo.a+uP.w s x •e.... as w. mesa me.o RESTAURANT OCCUPANCY LOAD a 1 — mm. Gmgun Lm —M _r _m_M ®_ _ m__M a_M ®— _ aM nioP _ ..e.ew a rm rew nB_ r_r_ mepia m— .m wm • Ie1N FF9" rt We LOW r sv TRAVEL DISTANCE COMMON PATH DEAD—END •�N'rrt •�N'4n vN"\Irpnn sn/qn •.Nqn .mNgn �v+n ..v+n •.nr.n +vqn +vqn +v+n s_ma—�_cuPu®amr\aa�m_wrm� I 1 7 wm�K. 1 e 1 a 3 • a \ Exhibit 6 CUP2002-001 .sS P WPA . F -M! r IL 0j. 4 s. LL-LOCAIIDfYOFQTAOI��IfS rnmv�r iac,o F110F9frYAOd1EEi: "� i NIIMEY@R71010•.V.I�JIIIIMALCOIOL 11QAOElIC611111111111EA�B//YM WL ��rmv�,e®was uz Frandsco-7— F Fajardo"` NOTE: THIS SKETCH AND DESCRIPTION DOES NOT REPRESENT A BOUNDARY SURVEY Map r1 Lower — Level ! U +e Z O- O -- J I N- a- cc V _ X ,� r e ftF s �- "s�a_F SPECIFIC PURPOSE SURVEY PRCFEssIa SE.?VEYM@ANOYAP w LANNES & GARCIA, INC. FRMIp90D F. FAMIOO PlYOQl71WiYf8M AO7.IYT.MA1@IE / �m.epro�vrsw� _.�o�r..•a.m MAK FLOPEM 331M Francisco �FFajardo �� _ mp"emFAX(JON300 � - - . �.� lei �• ' ■ z � � � � � �� z � � ± � k\' ► - � -Olt" V w �� ar � do � . � �Ilkll ,, � � �� | � r� � r ` �` _ _ � � � - ® - •�� _ _ - - _ .�» � �.� ■ � � ��-\.—•{ \\ ' . if - _� 74 �W- �- 4 ~, •-16 +f II Auk- �r F— AW # w. • a p .6 or dow - - - _ - 0 4 d Nftum�-.. -:.0- w ' lock r APPLICANT REPRESENTATIVE AFFIDAVIT Name Relationship (i.e. Attomeys, A10iteftLandseepe s, Engineers, Labbyfft ) Irzic Pietro B. Pinasco Menchell! Applicant Representative, President of Aventura Peruana LL Adrienne Noto, Esq. Attorney, Greenspoon Marder LLP Joshua Remedios, Es , Attorney, Greenspoon Marder LLP Eduardo Ma hi 2+ Architects, Inc. Ryan McBride The McBride Company (Attach Additional Sheets If Necessary) l Leo h9O Ti ad Q��,_ �Address: STATE OF FLORIDA COUNTY OF "3 D;`: `I I ICI Irzio Mencheill Before me the undersigned authority personally appeared as thorIzed tok" or a Applicant andlor the owner of the property subject to the application, who being first by I swo d swear or a all executed this Affidevit for the purposes stated therein and that It is true and oorrect.,P-'�,\ Notary Public State of Florida At Large Printed Name of Notary My comirnissionexpires: 0 APPLICANT REPRESENTATIVE AFFIDAVIT Francis co Fajardo Mach Additional Sheets If Necessary) is -L) 0AYOF—AdZk,2o,20 VE OF APPLICANT: OWNER ..... I . .. ....... I. . ... ... .. ...... —, Miami, FWds 33131 STATE OF FLORIDA COUNTY OF MIAMI-DADE) Tr7n Before me the undersigned authority personally appeared Notary Public State of Florida At Large PrInled Name of 1I My comryg3sion GI BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with 'x' applicable portions only) 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: I Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative: ii. Member of City Commission or Board is a partner, co -shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; iii, The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board, v. A City Commissioner or Board member is a Client of the Applicant or Representative; v The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission of Board (or Fl\ his or her employer) in a given calendar year; i 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. �tTNM ANq THIS DAY OF _QLtV)2�, 2001.47 ........... WITNESS MY PROPERTY OWNER: 61033�� By: -(Signature) Name:_ (Print) Title (Print) M *The terms 'BLisiness Relationship, " "Client, ' "Customer, ' 'Applicant, ' "Representative' and "Interested Per -son' are defined in Section 2- 395 of the A venlura City Code ,�E A S I WITNES AN HIS DAY OF C)LJ-D 152f r- ,200 REPRES V on Business A E (L led on Business Relationship Affidavit) VNH By- (Signature) By, I (Signature Irzio i tr Pi asco Mencheill Name. (Pratt) Name: ___(Pnnt) President of entura Peru, pa LC Title nnt� Title: (Print) Bye (Signature) By: (Signature Name: (Print) Name: (Print) Title: _(Pratt) Title: (Print) By: (Signature) By: (Signature Name: - (Print) Name: _(Print) Title:— (Print) Title: (Print) By: (Signature) By: (.Signature Title:_ _ _(Print) Title: (Print) Title. (Prlifll) Title: _(Print) By:- -_(Signature) By: (Signature Title: Title. (Print) Title: (RJn1) Title: (Print) By: (Signature) By: (Signature Title: ---__ (Print) Title: —(Print) Title: (Print) Title: —(Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 29 Applicants and Afflants are advised to timely supplement this Affidavit pursuant to See. 3 1-7 1 (b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. STATE OF FLORIDA COUNTY OF MIAMI-DADE) Irzio Pietro B. Pffiene� Before me, the undersigned authodly, personally appearedMenchelli executed this Affidavit for the purposes stated therein and that it is true and correct. AFF SWORN TO AND SUBSCRIBED before me this2bday of Qclzlr;__ - 19 first by me duly sworn, did swear or affirm that he/she STATE OF FLORIDA COUNTY OF MLAMI-DADS} Before me, the undersigned authority, personally appeared the Affient, who being first by me duly sworn, did swear or affirm that halshe executed this Affidavit for the purposes stated Iturrein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this — day of 200- STATE OF FLORIDA COUNTY OF MIAMr-DADS} Before me, the unders4ned authority, perternally appeared ....... executed this Affid"t for the purposes stated herein and that it is true and conct, SWORN TO AND SUBSCRIBED before me this -- day of - -1.1 - 200_ Notary Public State of Florida At Large My commission expirew--- the Affiant, who being first by me duly sworn, did swear or affirm that he/she udd-um Notary Public State of Florida At Large My commission expireir-_— STATE OF FLORIDA COUNTY OF MIAMI-DADE} Before me, the undenspined authorhy, personally appeared the Afferd, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN To AND SUBSCRIBED before rne this -- day of -200-- Notary Public State of Florida At Laqe My commission expires.,- Y. "); BUSINESS RELATIONSHIP AFFIDAVIT* its Affidavit is mace pursuant to Sectian 31-71(b)(2)(ii) of the City of Aventura Land Davd%inwl Code The undmigned Affivt 4ereby dfickrw, that (mair k with Y applca* itMions Only) A:)P-,�'A,NREPRESENTATIVE By Nam T;0e fpf#*) Q -j WITNESS MY HAND THIS 5AY OFJXCLJD�— 201C MMMMM�� By -- Iran* TiVe *rhe lcwni Bvvisess Relauornlmp, 'Chent, ' 'Cusivimr ' AWxant,' Represertratw' ard 'Interested Person' ire deroned in Secleor 2 3-95 of Its, A wnVa ('q Code WITNESS MY HAND TH1210AY OF,10—.(;---- 21-1 REP:R!S�ENE (Lisled on Bus Reiabosh #fidav,t By Watt, By Name AP, Name Ttie By Name /Mr T'lle (Sonature By Name T01P P 6 y Snqrk;lfwlej B y (Sqfwiye Name Name riiw) __(P TMe iArinfq Tit* —00) By 6471WM4-0) By _ ------ tsoutare T,!v� Title Taie Tdle rrrTtBy (Sqvwre 1A.le Title T Title (Pf"fi y t ailq s t I fe) By tSQ7atdfe Tihe Td'e —1pr#10 T fie NOTE 1) Use duphcate sheets if disclosure information for Representative varies i Apphcanv, and Affiants we ad% ised to timely supplement this Affidavit pursuant to Sec, 3 t -7 (b)j 2 it it) of tiw Cm', Land LX,%elopaienf Regulations in the City Code, in the event that priof to considcration of the applicatgoo h, the Board or Commiesion, the intbraiawn pavided in the Affidavit becomes incorreCtur mcompleic Relc��e 1, 0 r. I I the Affiant who beng ftt by me duly swovi did s*oar W affitm Mar he,,SI.e , e v�e or,'�vsgneo awnoray owsonally sop ated ex e: ored Mus Alfiaawt fv me pu,p,7.es stages, Memo and ftt it M true and W(W AFFIANT AN - day 01 201q Pnnted Nam of Not My w mmisve in expam ','0,,P,,JN OF F0 0A DIADE ftelo'e, me �e,stjpnwd Dws,"mr,0Y Appealed exa tr; i AFaav I fc,, vie vufLoses sWec mefeo and Piat it vs due and comm ',IqOP,N T 0 Ar i, ; R 418,-E I n u e r, e m t s day Of 2W- -'A', 01 ')R ID; aliMs, DIADF t -4 ,0oie ane In(-, ul,,Je,Sqnea AuMixRY rrr,-sonally appeared V'i s AKO&M foi mp ouvrieg sWed then and, ftlq as trUeandloyreCt S1,V3PN AND 9&,-R BE,` nefofeme mis day of 200 TAW , CiF COR 7A Belo,e -a t?,e ,"*sirped pesonally appeared 1e pran pores vateil, and 6WI 41 true and correct Ine AffiwL wfto txrng first by me di0r, sworn drd swear co affifn Via! 4,sr,* ENIM NoWl PuWx SWe of F4rdo At LaW PP,IW Name CO Now) My mmmission expres Ode A,%n! Or, tw-,ng lest by me duly sworn did swear w affirrr, tha! heists is Pubk Stale F At Lvge Parted Na im of Notary MY Commavor expires Me Afmi, who bar: first by me duty swom dal swear v affirm. Llial heVie AFRAIN ST 'IWORN r AND SiR ;, W P B�f&e vW W S 08Y of OU Nit" Pubk SW9 of Rairala At La%* Printed N&-ne of Naftry My Comffussfof" exples BUSINESS RELATIONSHIP AFFIDAVIT* -is Afidavill is made WSL�anl 10 Section 31-71(b)'Mhill rf me -'qy 0! AvertUra Land Deve oorrierr Code The undetsIgned Affiant nereby dscioses mai (-myx w,,, ocrtiors omy) Affipt!,ocei; no, ^ave a B,sines Reiationsmp with any -.er.bc-- of the, Qq Corn.missov or any &ty Advisory Bnard is WNCII tie apo!-,altor w* be presented Aff-art hereby aisdoses treat it -Cbeshave a Business Ratationshqo with a member of IN City Crjrnrrrss€or or a '.,.Iy Advisory Board to ivnicn the applicWton will bepresented, as follows ,'Llsl I-orq Board Merriberli who serves on the . ....... names & (I wniss�oner or Advisory (List ""ity Commiss ;on or City Admsory Board upon which member serves; re rati ire of Irie Business Relationship =s as fis1lows Memwr of City C..-Mssion or Board holds or ownestiro intereel:n excess of 1% of total assets or capital slock of Acipi,cart or Represenafire, ]j, Member of City Commission or Board is a partner, co-sharehader (as to sham of a corporaliorwhl& are not sied or, any national or reg��na! slxili exchange; o, jorif verljrer with lie Appkar.t o° Reo°esenjajpve -n Wiy nusiness venlur& Tr; e Aookant or Representative is a Ciient of a mem be? of Vie City Commission or Board of a ';ien' of a-ciner ft.,ofeiss€onali working from the same office cr for the same employer as the member of the City Commission 0, Board V Al Cily Cor-lnss*ner or Board memeer s a Caent nt the Applicant or Representative, The Appficant or RerirasematNe =s a Customer of the member of the City Commls&on or Board for of It s tor her emn!UYE-�, and transacts lore than SIGIOM W dMe busiiness ofthe membef t9 the City or Board,,( -,I h6 or her emptoyer) in a given caleadar year. -t-* MemNf 01 the City C0'T',M-tss:or or Board is a CLIloroer of one Aopficanl o, Rertesenjal!ve and itansacts more than $25= 00 of the business of the Appiioant or Representative in a givers calendar year W T 14 E Si' Nr v r,,A N D T Lill S W DAY OT j A'tDP . K',ANT:KOR3E§OENTIE��. Nall", TP) M rA�%D Ttli---, DAY OF 200 PROPER-Y OVIVNER Name 'e D C, 06 t%111111111 M 1 , rle f0l,,Ts ULi lfte ti, P61/61110(jsh/,a ' (.71tem', - 'Casto npr " 'Appicerrit, - 'Re pireseivauve, ' and -S ction 2 9 c0ht-, AwnwG4 Cay Code Cgs"',, c 69• ?UBLIC % A C) =N. q C-) C) 1•' "ATE (ft Wrcpre.aIvd Petian' aro definee, I w ll i11,1110" 40TARQA-nQN PROVISION S'A-E OFF-ORVDA Y OF WAMHDADE Pefeierne Me irrnersrgned autnonty persor.aky appeared who being first y me ly sworn, did sweaiv axecot&� tms Affidaw eoir ;he pvposes slated therein and that it is tree and Correct A . 1,411 4— A" C4 SWCRN TO AND SiBSCRIBED, before me !h*IU'(P day of IU_OV 200,a0tq . . . ..... ....... ...... . - ........... STA7-E CiF F;OROA C0 IjNIY OF MIAIVC-CARE) Eioiore M,0, h-'e, Undets"goed aut-ronty pre $Dnoifly appeared exe,-,.ert ns AfNiavri fotme purposes staled therein aild ktialt ft s vue and correct SWORN TO AND SUB&CRiBED netbre me this - I day of — 200 Notary P'UNC to of FIJ� P: 'inted liame at Notary P-C4 WA VC> My mrovssior expires the A%rii, eirro Dieng first by me chary sworn, did swear as AM. tiv heisPe NMry �ub"Iir State of Fliorida At Large Panted Nar.he of Notary thy commission expires S?A-E OF PLORIDA COUN-Y OF MIAWDADF) Before me v" uncersVed a0horq, personaily appeared who bwg first by me duy sworn ctd swear or aMrr, teatna;sne exacjted this Affidaw fi-a the purposes staledtheran and that it >s true and correct AFFIANT SWORN `0 AND SUBSCR'SE 0 tmfore me lrrs clay of STATE OF FLORDA GOU,047e OF WAMI-DADE) BeVerre, cre unda-sag-el auMority, pe€soraliy appeared exc�Apdd T,S Affidairl for the purpoSe5 stated Lheer, and that it is true and correct SWORN 10 ArD SJBSCRIBED befrye rrR [his day of -, 200 ..... .. . .. ..... I -- Wall Polio State e Fbida At Large Perrrfed Na.. anof Notary My mmmistircin expires._ the Affiarit, *ho being fist by me o4 ty sworn, did swear or eirrn that he!sr;e mom Notary Public State of Ft4da At Large P,,rnted Name of Notary My comnsitiov expires BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant wSection 31-71(b)(2)(ii)of the City dAventuraLand Development Code. The undersigned Affiant hereby discloses that (mark with "x' applicable porlions only) [�1. A0a |dua no! have oBusiness Relationship withanymmm&er of the City Commission orany City Advisory Board to which the application will be presented |]2. A0anthereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board iowhich the application will &opresented, amfollows: (List name of Commissioner or Advisory Board Member) who oo/ma on the (List City Commission o/City Advisory Board upon which member aerves). The nature ofthe Business Relationship isaafollows: [|i Member of City Commission or Board holds an ownership interest in excess of 1% oftotal assets orcapital stock u|Applicant orRepresentative; i)ii. Member WCity Commission or Board isapartner, co -shareholder (as toshares ofacorporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; |}iii The Applicant o/Representative ioaClient ofamember o/the City Commission orBoard oraClient of another professional working from the same uffinomfor the same employer aathe member ofthe City Commission or uoord� (]ix. ACity Commissioner or Board member isaClient of the Applicant mRepresentative: \}v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or ofhis sher employer) and transacts more than %10.0Q].00of the business of the member of the City Commission mBoard (or his mher employer) iomgiven calendar year. []vi The member uf the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25.00O.O0of the business u[the Applicant u,Representative inagiven calendar year. � W|TNESSMYHAWDTH\8_^�_DAY0F .200 Titla��ttorney (Print) WITNESS MY HAND THIS __ DAY OF200- By: -(Signature) _�� Title: (Print) 'The terms "Business Relationship, " "Client ^ "Cusmnner,^ 'Applicant, ^ "Representative' and "Interested Person' are defined in BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2)(fi) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with 'x' applicable portions only) 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. 2 Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the - (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: i Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative; ii, Member of City Commission or Board is a partner, co -shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; V. A City Commissioner or Board member is a Client of the Applicant or Representative: v The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his 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 _L3 DAY OF U! .1 --JRh o' , 20Q20 APPLICANTREPIRIESENTATIVE: By: f1 (Signature) Naq;r6.J6shua Remedios -(Print) Title -AttOrneY (Print) WITNESS MY HAND THIS - DAY OF 200. MENNIEUREW Name __ __(Print) Title: (Print) 'The terms "Business Relationship, ' "Client, ' "Customer, ' 'Applicant, ' "Representative' and "Interested Person' are defined in Section 2-395 of the A ventura City Code WITNESS MY HAND THIS 13 DAY OF Fe bru,; r q 209Q REPRESENTATIVE: (Listed on Business Relationship Affidavit) By, By. _(Signature Name:Adrienne Noto (Print) Name: --(Print) Title Attorney (Print) Title: -(Print) By: (Signature) By: (Signature Nairn s, Joshua Remedios (Print) Name: (print) Title: Attorney (Print) Title: _(Print) By: - (Signature) By: (Signature Narne: _(print) Name � _ __(Prini) Tifle:-- (Print) Title: (prtril) By: (Signature) By- (Signature Title:_ __ _(Print) Title:_ _(Print) Title: (Print) Title: (print) By: Title: "M -(Signature) By: (Signature (Pnn 1) Title (print) (Print) Title: (Print) By, (Signature) Title: (Print) Title: (Print) By: (Signature Title: __(Print) Title: (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Afflants are advised to timely supplement this Affidavit pursuant to Sec. 3 1-7 1 (b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. STATE OF FLORIDA COUNTY OF MIAMI-DADE) Before me, the undersigned subsidy, personally appeared Adrienne Nato the Affiant who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this _t3L day of _EtjW_w4 20120 Rimnixt G907348 Notary Public State of Flon Expims: Ofter 20i 2023 Enme 11 d Name of No I Wy W. Thry Avon Notary My commission 8XPkG5:___ STATE OF FLORIDA COUNTY OF MIANII-DADS} Before me, the undersigned authrodly, personally apWied Jos,hua Remedi or affirm that hefshe _ ___ __,!e ft Affiant, who being Imu: by me duly sworn, did swear executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this Lj day of j9-_6M42*_0 -Z-77- neft -.#G 7348 story Public Sele of Flod Exphs: Odbber 20i 2023 Ph 11 nted I N I an "I of No6ry BoWed Thri Ann Notary My commission expires:__ STATE OF FLORIDA COUNTY OF MIAMI-DADE) Before me, the undersigned aulhorily, personally appeared,-----,-,, executed this Affidavit for the purposes stated herein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this — day of 11 ". - 200- STATE OF FLORIDA COUNTY OF MIAMI-DADE) the Aftiant, who being first by me duly sworn, did swear or affirm that he/she Notary Public State of Florida At Large Ponied Name of Notary My comm"On exlaresa___ Before me, the undersigned authority, personally appeared the Affient, who being first by me duty sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct SWORN TO AND SUBSCRIBED before me this -- day ce ____ _ _200-. Prioirdi Name f ii My commission expires: . . ..... BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2)(fi) of the City of Avenhura Land Development Code. The undersigned Affiant hereby discloses that: (mark with 'x' applicable portions only) I 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. 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List narne of Commissioner or Advisory Board Wernher) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: I Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative; ii. Member of City Commission or Board is a partner, co -shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; IV. A City Commissioner or Board member is a Client of the Applicant or Representative; [IV The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of them ber 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 -If_ DAY OF 202Q APPLICANTREP ESENTATIVE: By. (Signature) Name: Fr ciscoF ardo -(Print) Title: Surveyor, Vice President of Lances _and _Garcia Inc. _(Prinf) WITNESS MY HAND THIS - DAY OF 2000. ffffizlfl�� By, (Signature) Name:- (Pratt) Title: (Print) the terms "Business Relationship, ` "Client, ' "Custerner, ' 'Applicant, ' "Representative' and "Interested Person' are defined in Section 2-395 of the A ventura City Code. WITNESS MY HAND THIS/ L DAY OF /0,t� -, 209Q REPRESENTATI� : (Listed on Business Relationship Affidavit) By:-.._ -- (Signature Name: Francisco Fajardo (Print) Name:(Print) Title:. V! . ce President of Lannes and Garcia IncRI-int) Title:-.. (Pri n1) By:— (Signature) Name: — (Print) Title: _(Print) By:— --(Signature) Name: (Print) (Print) By: (Sgnature) Title: _._tPrin0 Title: (Print) By:- (Signature) Tifie:---- --ftini) Title: (Print) By: (Signature) Title: (Print) Title: (Print) By:.---- (Signature Name:. ---(Print) Title:-- (Print) By: (Signature Name:-, -(Print) Title: Print By: .. . ...... . (Signature Title: _(Print) Titie'(Print) By:-- (Signature Title:- ft#71) Title:.__.._---_ (Print) By ____ (Signature Title:._........._.._...____. Title; Print NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Afflants 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. STATE OF FLORIDA I COUNTY Of MIAMI-DADE) Before me, the undersigned authority, personally appeared Francisco F ftan2!a�ita the Affiant, who wing first by me duly sworn, did swear or affirm that he/she executed this AffidaW for the purposes stated thefein and M it is true ard cdffedU /0 zo ANGELA P LANNES Florida 6 Notary Public - State of Florida 4 COMMISsion 9 GG 314698 Of MY Comm, Ex:Lires Apr 2, 2023 a ftunccec through Nat! . Nary Aaerl, PNIdinteci Notary My conarposion expires: STATE OF FLORIDA COUNTY OF MIAMI-DADE) Before me, the unde*nod authority, personally appeared, the Agiant, who being first by me duly sworn, did swear or affirm that he/she bxectilled this Affidavit for M purposes stated therein and that* is trhv,6idt&rtbtt WRANT SWORN TO AND SUBSCRIBED before me this _ day -of---, 206 W" P"a We of FW& At Lorp --------------- Haw Name of Nowl My conviassiori pi STATEOF FLORIDA COUNTY OF MIAMI-DACE) Before me, the sodaisighed puttrocity, perWallyapaned, ft AUK who being first by one duly sworn, did swear or affirm that he/she executed this Aflidavit for the purposes stated therein iindfliat It Is true *0 carp@d. SWORN TOAND SUBSCRIBED before roe'this —day of 200 Nobary Pablic %a of FW& At large gnted Narneaf —Notaq My conurnission expires;__-_ STATE OF FLORIDA COUNTY OF MIAMI-DADE) Before me, fine undersigned authofittn personally appeared the Affont, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavil for the purposes stated therein and that Nis true and oorivd� SWORN TO AND SUBSCRIBED before = this — day of 200. AFFIANT PAnkirl Naff* of Notary My commission eapse&— RESOLUTION NO. 2020- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO ALLOW THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES AT A COCKTAIL LOUNGE -BAR AREA WITHIN JARANA RESTAURANT LOCATED AT 19505 BISCAYNE BOULEVARD, SUITE E150, IN THE ESPLANADE AT AVENTURA DEVELOPMENT, CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property, legally described in Exhibit "A", is zoned B2, Community Business District; and WHEREAS, the applicant, Aventura Peruana LLC, through Application No. CUP2002-0001, is requesting Conditional Use approval to permit the sale and service of alcoholic beverages at a cocktail lounge -bar area within the Jarana restaurant (the "restaurant") in Suite E150 of the Esplanade at Aventura development; and WHEREAS, the City Commission held a quasi-judicial public hearing as provided by law to review the application; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for Conditional Use to allow the sale and service of alcoholic beverages at a cocktail lounge -bar area with the Jarana restaurant located at 19505 Biscayne Boulevard, Suite E150, in the Esplanade at Aventura development, legally described in Exhibit "A" to this resolution, is hereby granted exclusively to the applicant subject to the following conditions- 1 . This approval shall be granted exclusively to Aventura Peruana LLC operating the Jarana restaurant at 19505 Biscayne Boulevard, Suite E150, in the Esplanade at Aventura development and may not be transferred to another owner and/or operator of the restaurant or to another location. 2. The cocktail lounge -bar shall operate as an accessory use to the restaurant. 3. Alcoholic beverages shall be served for on -premise consumption only. 4. The cocktail lounge -bar use will be automatically terminated upon termination of the restaurant use. 5. The applicant shall comply with the hours of operation allowed to bars and cocktail lounges for sale of alcoholic beverages for consumption on premises pursuant to Section 4-3(d) of the City Code; namely, between the hours of 8:00 a.m. and 1:00 a.m. the following day. 6. Meals shall be available at the cocktail lounge -bar area, but this does not preclude service of an alcoholic beverage only without food as long as the establishment City of Aventura Resolution No. 2020- complies with the food/beverage revenue percentages required by the State license. 7. The applicant shall obtain an alcoholic beverage license from the State of Florida and begin sales and service of alcoholic beverages within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission at the written request of the applicant, provided that the applicant has filed the request for extension within the twelve (12) month period prior to expiration. 8. The applicant shall conduct Responsible Vendor Training pursuant to Florida Statutes to ensure no sales are made to underage customers or to customers who may have been over -served at other establishments. 9. The conditional use approval may be terminated in the event the City Manager determines that the approval has created and/or is creating a disturbance to the community. The applicant agrees to immediately discontinue sales and service of alcoholic beverages upon written notice to the applicant of such a determination. 10.Any discontinuation of the sales and service of alcoholic beverages for a period of 180 consecutive days shall constitute abandonment and shall rescind this approval. Section 2. The City Manager or designee is authorized to issue permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman Page 2 of 4 City of Aventura Resolution No. 2020- PASSED AND ADOPTED this 91" day of June, 2020. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of , 2020. City Clerk Page 3 of 4 City of Aventura Resolution No. 2020- M";tli A f"AAal Of LW LYING, A SEMN 11 M*MMF1 52 50^ AM45E 42 EAST, MLAI COMM F! DA MMf VAAMWI mm"DAM10ft MIT 1 N9 11 19 111 , IT MI W 2W 404 MD 5"MY 1UGMT4"M LJMEA MSTWE OF VMfMMAPWTH(Na MURETALONGAGAVE M'M1 IMMMISARADMOf "Ah2ak-., W-mum"Jaw I M10 i I M-1 .1 27*900IMI POW, IT"UE N 67' 527-057 It. A UVTAACt Of 433-W FUT TO THE pA nm VOIAT AND Pt ACE Of 11MIFINING Of THE FOUMMIS ....... Flo I RL AIWb"bVZb-ffoA 0151ANCE Of M26 f Frt TO A MINT; THEN(DE IN 4'r 47 23Aw W. A 01-STA14CE a 485431 FEET TO THE PRINCIPAL PONT AND MCC Of ffONNIN6 Iumm rwrou"I Mj , WIM Atcom sm llm� Palo MICK AECOF1005 SM IM, PAGE 4M A -SO AS AFFECTED BY THAT CIRIAIN ONAECOICIND I -if Page 4 of 4 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM. Ronald J. Wasson City Manager BY: Joanne Carr AICP Community Development Director DATE: June 5, 2020 SUBJECT: Request by 3050 Aventura Owner LLC for Conditional Use Approval for (1) increased height of 12 stories or 200 feet, where 12 stories or 120 feet are permitted by Code, and (2) increased floor area ratio of 1.99, where a maximum floor area of 1.61 is permitted by Code for a 12-story building, for a proposed office/bank building located at 3050 Aventura Boulevard, City of Aventura, Case File No. CUP2005-0002 June 9, 2020 City Commission Meeting Agenda Item 613 RECOMMENDATION It is recommended that the City Commission approve the request submitted by the applicant, 3050 Aventura Owner LLC, for conditional use approval to permit an increased height of 12 stories or 200 feet and to permit a floor area ratio of 1.99 for the LEEDO Gold office/bank development located at 3050 Aventura Boulevard, City of Aventura, subject to the conditions listed in this staff report. THE REQUEST The applicant is requesting (1) conditional use approval pursuant to Section 31- 144(c)(2)i. of the City Code to permit a building height of 12 stories or 200 feet, where Section 31-144(c)(5)b. of the City Code permits a maximum of 12 stories or 120 feet, and (2) conditional use approval pursuant to Chapter 14, Article VI., Green Building Program and Section 31-144(c)(2)m. of the City Code to permit a floor area ratio of 1.99 where Section 31-144(5)a.2. of the City Code permits a twelve story building to have a maximum floor area ratio of 1.61, both for a proposed office/bank building located at 3050 Aventura Boulevard, City of Aventura. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY APPLICANT ADDRESS OF PROPERTY SIZE OF PROPERTY: 3050 Aventura Owner LLC Michael J. Marrero 3050 Aventura Boulevard, City of Aventura (See Exhibit #2 for Location Map) Approximately 1.3167 acres LEGAL DESCRIPTION Portion of Tract E, Aventura Second Addition, according to the plat thereof recorded in Plat Book 99, Page 21, recorded in the Public Records of Miami -Dade County, in the City of Aventura (complete legal description provided in Exhibit #3) 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: B2, Community Business District RMF4, Multifamily High Density Residential District B2, Community Business District B2, Community Business District B2, Community Business District Office/Bank Building Residential Condominium Office Building Resort/Hotel Commercial Plaza Future Land Use - According to the City of Aventura Comprehensive Plan, the following properties are designated as follows: Subject property: Business and Office Property to the North: Medium -High Density Residential Property to the South: Business and Office Property to the East: Business and Office Property to the West: Business and Office oil The Site - The existing site is a 1.3167 acre parcel at the southwest corner of Aventura Boulevard and West Country Club Drive. It presently contains a three story office/bank building that houses the Safra Bank on the first and second floor and offices on the third floor. There is surface parking to the west and south of the building. The Project - The applicant proposes to demolish the existing building and construct a LEEDO Gold certified, 113,814 square foot, 12-story building with a two-story, 44.5 foot tall ground floor entry level, 14.5 foot tall office space levels on Floors 3 through 8, 16 foot tall bank space levels on Floors 9 through 11, a 20.5 foot tall VIP lounge on Floor 12 and a rooftop terrace for bank patrons with planters, seating and water feature. The overall building height is 200 feet. The building is a unique inverted pyramid shape with metal structure and glass designed to be iconic architecture in the City. A sun glare study was submitted as part of the site plan drawings to ensure that the large amounts of glass and metal do not cause a reflection concern for the neighboring residential building to the north. The study shows that reflection may occur for approximately 1 % of the total annual daylight hours. A specific type of glass and louvres have been selected to mitigate any reflection. The uses proposed require a total of 369 parking spaces. The applicant proposes 377 spaces, with 43 spaces on the surface and the remaining 334 spaces in three underground levels. The underground levels will be accessed by a ramp at the westerly limit of the site. The ramp will be covered with a metal structure wrapped by a green wall. There are two existing two-way accesses on Aventura Boulevard and West Country Club Drive. These existing driveways will be maintained in the same location. The main entrance to the building is on Aventura Boulevard. A picture of the existing building, a rendering of the proposed building and the site development plan are attached as Exhibits #4 and #5. The Administrative Site Plan Approval application is under review by City staff. The administrative approval is subject to approval by the City Commission of the requested conditional use and subject to approval by the Miami -Dade County Fire Rescue Department. ANALYSIS Consistency with Comprehensive Master Plan — The development proposal is consistent with the City of Aventura's Comprehensive Plan. The future land use designation for the parcel is Business and Office. Citizen Comments — As of the date of writing of this report, the Community Development Department has not received any written citizen comments. Notice of the public hearing has been advertised in a newspaper of general circulation and mailed to all property owners within a 300-foot radius of the site not less than 10 days prior to the 3 hearing. A public notice sign has been posted on the site no later than 10 days prior to the hearing. Community Development Department Analysis - The development parcel is located in the Community Business (132) zoning district. The proposed office/bank uses are permitted uses in the B2 zoning district. Increased height and increased floor area ratio may be permitted in the B2 zoning district following conditional use approval. Each conditional use request will be analyzed independently. I. Request for Conditional Use Approval for increased building height of 200 feet, where a maximum building height of 120 feet is permitted in the 132 zoning district. Pursuant to Section 31-144(c)(5)b. of the City Code, the maximum height of buildings in the Community Business (132) zoning district is 12 stories or 120 feet. Section 31- 144(c)(2)i. provides that uses that exceed the height limitation, up to a maximum of 20 stories or 200 feet, may be permitted if first approved as a conditional use. Consistent with the City Code, the applicant's proposal is a 12-story, 200-foot tall office and bank building. Criteria The following is staff's evaluation of the proposed use, pursuant to the criteria for approval of conditional uses provided in Section 31-73(c) of the City's Land Development Regulations. 1. The proposed use shall be consistent with the Comprehensive Plan. The proposed use is consistent with the City's Comprehensive Plan. The future land use designation for this parcel is Business and Office. This future land use category permits a full range of sales and service activities, including the proposed uses. 2. The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. The establishment, maintenance and operation of the proposed use will not be detrimental to or endanger the public health, safety or general welfare. The uses proposed are the same uses that exist in the current building on site. 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The immediate neighborhood of the proposed use is comprised of office, commercial, residential and hotel uses. The proposed development is consistent with the community character of the immediate neighborhood. In 4. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services shall exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the requirement of these LDR's. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the City's Land Development Regulations. 5. Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Adequate measures have been taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. The current driveways on Aventura Boulevard and West Country Club Drive will be maintained in the same place and used for access to the proposed building. 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The establishment of this use will not impede the development of surrounding properties for uses permitted in the zoning district. 7. The design of the proposed use shall minimize adverse effects, including visual impacts of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The design of the proposed use minimizes adverse effects, including visual impacts of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The architectural design is a unique inverted pyramid designed as iconic architecture for the City. All required setbacks and lot coverage comply with the criteria of the City Code. Conditional use approval is requested for height and floor area ratio. The applicant has submitted a sun glare study and building design details to ensure that reflection of the glass and metal will not be a concern for the neighboring residential building to the north. The access ramp to the subterranean parking levels will be covered with a green wall to complement the other landscape materials. The green building design elements will minimize adverse effects on the environment. II. Request for Conditional Use Approval for increased floor area ratio pursuant to the City's Green Building Program and Section 31-144(c)(2)m. of the City Code The City Commission enacted a Green Building Program for the City through Ordinance No. 2009-18 adopted on October 6, 2009. It is now codified as Chapter 14, Article VI., Green Building Program, of the City Code. This program recognizes that 5 green building construction results in benefits to the environment, economy and health of the community. The City Commission determined that due to these benefits, it was in the best interests of City residents to provide an incentive program for new development constructed to either Leadership in Energy and Environmental Design, or LEEDO, standards developed by the US Green Building Council or other recognized green building rating system approved by resolution of the City Commission. The LEEDO program has certified, silver, gold and platinum certification levels based on design elements incorporated into the building. The incentives provided in the City's Green Building Program are also incorporated into the B2 zoning district regulations as conditional uses. Incentives are based on the level of certification attained by the building. Certified and silver level buildings are awarded expedited site plan and building permit review, marketing incentives and administrative variances by the City. Gold and Platinum level buildings are awarded all of the above incentives and may be awarded increased floor area ratio and increased lot coverage using the conditional use approval criteria in Section 31-73 of the City Code. The Green Building Program requires that, prior to award of incentives for Gold and Platinum buildings, the applicant must register the development with the US Green Building Council for LEEDO certification, provide the City with the project's checklist of certification details and confirm by written agreement and covenant that those checklist items will be incorporated into the development, shown or noted on the application for City building permit and maintained in perpetuity. The applicant must also provide the City with a performance bond to guarantee the proposed certification level, in an amount equal to 1 % to 5% of construction costs as approved by the City. The range in percentage levels of the bond is based on the increased percentage of lot coverage and/ or floor area ratio requested by the applicant. The applicant has designed the building to achieve LEEDO Gold certification and is requesting the development incentives provided by the City's Green Building Program. The request is floor area ratio of 1.99, or 113,814 square feet of floor area, under the provisions of Green Building Program which provides for a floor area ratio bonus of up to 2.0 when the building achieves LEEDO Gold or Platinum certification. Without the bonus, only a floor area ratio of 1.61, or 92,345 square feet of floor area, is permitted by Section 31-144(c)(5)a.2. of the City Code, based on the building height of 12 stories. Based on the percentage of floor area ratio bonus requested, the bond amount will be $3,075,000 which is 5% of construction costs of $61,500,000. Compliance with Green Building Program - The applicant has submitted its LEEDO registration checklist, attached as Exhibit #6. It proposes the following: • Sustainable Sites Category 8 of 11 possible points • Water Efficiency Category 5 of 11 possible points 0 • Energy and Atmosphere Category • Materials and Resources Category • Indoor Environmental Quality • Innovation and Design Category • Regional Priority Category • Integrative Progress • Location and Transportation 23 of 33 possible points 4 of 14 possible points 8 of 10 possible points 6 of 6 possible points 3 of 4 possible points 1 of 1 possible points 10 of 20 possible points The proposed checklist results in a pre -certification estimate of 68 points, which is LEEDO Gold level, plus another 9 possible points. Prior to the issuance of a building permit, the applicant will be required to enter into the form of Agreement and Covenant attached as Exhibit #7 and record the same on title to the parcel. This Agreement confirms the building's registration with the LEEDO program, the proposed certification level, maintenance of the green design elements and amount of performance bond. Criteria The following is staff's evaluation of the proposed use, pursuant to the criteria for approval of conditional uses found in Section 31-73(c) of the City's Land Development Regulations. 1. The proposed use shall be consistent with the Comprehensive Plan. The proposed use is consistent with the City's Comprehensive Plan. The future land use designation for this parcel is Business and Office. This future land use category accommodates that full range of sales and service activities, including the proposed uses. 2. The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. The establishment, maintenance and operation of the proposed use will not be detrimental to or endanger the public health, safety or general welfare. The uses proposed are the same uses as exist in the current building on site. The green building design elements will enhance the public health, safety and general welfare. 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The immediate neighborhood of the proposed use is comprised of office, commercial, residential and hotel uses. The proposed development is consistent with the community character of the immediate neighborhood. 4. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services shall exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the requirement of these LDR's. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the City's Land Development Regulations. 5. Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Adequate measures have been taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. The current driveways on Aventura Boulevard and West Country Club Drive will be maintained in the same place and used for access to the proposed building. 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The establishment of this use will not impede the development of surrounding properties for uses permitted in the zoning district. 7. The design of the proposed use shall minimize adverse effects, including visual impacts of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The design of the proposed use minimizes adverse effects, including visual impacts of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The building is set back to the south, so that distance to the residential building to the north is maximized at 235 feet. The architectural design is a unique inverted pyramid designed as iconic architecture for the City. The applicant has submitted a sun glare study and building design details to ensure that reflection of the glass and metal design will not be a concern for the neighboring residential building to the north. The access ramp to the subterranean parking levels will be covered with a green wall to complement the other landscape materials. The green building design elements will minimize adverse effects on the environment. CONDITIONS OF APPROVAL 1. Plans submitted for building permit shall substantially comply with those submitted as follows: • Safra Bank - 3050 Aventura, ALTA/NSPS Land Title Survey, Sheet 1 of 2, prepared by Fortin Leavy Skiles Inc., dated 12/18/98, last revised 2/20/20, signed and sealed. • Safra Bank - 3050 Aventura, ALTA/NSPS Land Title Survey, Sheet 2 of 2, prepared by Fortin Leavy Skiles Inc., dated 12/18/98, last revised 2/20/20, signed and sealed. • 3050 Aventura, Civil Plans, Cover Sheet, Sheet C1, prepared by Fortin Leavy Skiles Inc., dated 12/04/19, last revised 2/25/20, signed and sealed. • 3050 Aventura, Civil Plans, Paving, Drainage, Water and Sewer Notes, Sheet C2, prepared by Fortin Leavy Skiles Inc., dated 12/04/19, last revised 2/25/20, signed and sealed. • 3050 Aventura, Civil Plans, Paving, Drainage, Water and Sewer Notes, Sheet C3, prepared by Fortin Leavy Skiles Inc., dated 12/04/19, last revised 2/25/20, signed and sealed. • 3050 Aventura, Civil Plans, Adjacent Driveway Plan, Sheet C4, prepared by Fortin Leavy Skiles Inc., dated 12/04/19, last revised 2/25/20, signed and sealed. • 3050 Aventura, Civil Plans, Stormwater Pollution Prevention Plan, Sheet C5, prepared by Fortin Leavy Skiles Inc., dated 12/04/19, last revised 2/25/20, signed and sealed. • 3050 Aventura, Civil Plans, Stormwater Pollution Prevention Details, Sheet C6, prepared by Fortin Leavy Skiles Inc., dated 12/04/19, last revised 2/25/20, signed and sealed. • 3050 Aventura, Civil Plans, Demolition Plan, Sheet C7, prepared by Fortin Leavy Skiles Inc., dated 12/04/19, last revised 2/25/20, signed and sealed. • 3050 Aventura, Civil Plans, Paving, Drainage, Water and Sewer Plan, Sheet C8, prepared by Fortin Leavy Skiles Inc., dated 12/04/19, last revised 2/25/20, signed and sealed. • 3050 Aventura, Civil Plans, Geometry, Signage and Pavement Marking, Sheet C9, prepared by Fortin Leavy Skiles Inc., dated 12/04/19, last revised 2/25/20, signed and sealed. • 3050 Aventura, Civil Plans, Enlarged Site Plan, Sheet C10, prepared by Fortin Leavy Skiles Inc., dated 12/04/19, last revised 2/25/20, signed and sealed. • 3050 Aventura, Civil Plans, Paving, Drainage, Water and Sewer Details, Sheet C11, prepared by Fortin Leavy Skiles Inc., dated 12/04/19, last revised 2/25/20, signed and sealed. • 3050 Aventura, Civil Plans, Paving, Drainage, Water and Sewer Details, Sheet C12, prepared by Fortin Leavy Skiles Inc., dated 12/04/19, last revised 2/25/20, signed and sealed. • 3050 Aventura, Civil Plans, Sections, Sheet C13, prepared by Fortin Leavy Skiles Inc., dated 12/04/19, last revised 2/25/20, signed and sealed. • 3050 Aventura, Landscape Plans, Cover Sheet, Sheet G1.00, prepared by Raymond Jungles Inc. , signed and sealed. • 3050 Aventura, Landscape Plans, Tree Disposition Schedule, Sheet LR.100, prepared by Raymond Jungles Inc., dated 2/25/20, signed and sealed. • 3050 Aventura, Landscape Plans, Tree Disposition Schedule, Sheet LR.200, prepared by Raymond Jungles Inc., dated 2/25/20, signed and sealed. 9 • 3050 Aventura, Landscape Plans, Canopy Plan Ground Floor, Sheet LP.100, prepared by Raymond Jungles Inc., dated 2/25/20, signed and sealed. • 3050 Aventura, Landscape Plans, Understory Plan - Ground Floor, Sheet LP.200, prepared by Raymond Jungles Inc., dated 2/25/20, signed and sealed. • 3050 Aventura, Landscape Plans, Landscape Plan - Roof, Sheet LP.250, prepared by Raymond Jungles Inc., dated 2/25/20, signed and sealed. • 3050 Aventura, Landscape Plans, Planting Schedule, Sheet LP.300, prepared by Raymond Jungles Inc., dated 2/25/20, signed and sealed. • 3050 Aventura, Landscape Plans, Planting Details, Sheet LP.400, prepared by Raymond Jungles Inc., dated 2/25/20, signed and sealed. • 3050 Aventura, Architectural Plans, Cover Sheet, Sheet A-000, prepared by ODP Architecture and Design, dated 12/6/19, last revised 02/25/20, signed and sealed. • 3050 Aventura, Architectural Plans, Project Data, Sheet A-001, prepared by ODP Architecture and Design, dated 12/6/19, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, Sheet Index, Sheet A-002, prepared by ODP Architecture and Design, dated 12/6/19, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, ADA Notes, Sheet A-003, prepared by ODP Architecture and Design, dated 02/25/20, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, East Elevation - Material Presentation, Sheet A-020, prepared by ODP Architecture and Design, dated 02/25/20, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, South Elevation - Material Presentation, Sheet A-021, prepared by ODP Architecture and Design, dated 02/25/20, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, West Elevation - Material Presentation, Sheet A-022, prepared by ODP Architecture and Design, dated 02/25/20, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, North Elevation - Material Presentation, Sheet A-023, prepared by ODP Architecture and Design, dated 02/25/20, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, Solar Study, Sheet A-025, prepared by ODP Architecture and Design, dated 02/25/20, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, Sun Glare Analysis, Sheet A-026, prepared by ODP Architecture and Design, dated 02/25/20, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, Site Context Plan, Sheet A-050, prepared by ODP Architecture and Design, dated 12/06/19, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, Site Plan, Sheet A-051, prepared by ODP Architecture and Design, dated 12/06/19, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, Basement Floor 01, Sheet A-100B1, prepared by ODP Architecture and Design, dated 12/06/19, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, Basement Floor 02, Sheet A-100B2, prepared by ODP Architecture and Design, dated 12/06/19, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, Basement Floor 03, Sheet A-100B3, prepared by ODP Architecture and Design, dated 12/06/19, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, Ground Floor Plan, Sheet A-101, prepared by ODP Architecture and Design, dated 12/06/19, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, Typ. Office Shell, Floors 02-07, Sheet A- 102, prepared by ODP Architecture and Design, dated 12/06/19, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, Bank Floor 08-11, Sheet A-103, prepared by ODP Architecture and Design, dated 12/06/19, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, Level 12, Roof Terrace Floor Plan, Sheet A- 112, prepared by ODP Architecture and Design, dated 12/06/19, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, East Elevation, Sheet A-200, prepared by ODP Architecture and Design, dated 12/06/19, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, South Elevation, Sheet A-201, prepared by ODP Architecture and Design, dated 12/06/19, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, West Elevation, Sheet A-202, prepared by ODP Architecture and Design, dated 12/06/19, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, North Elevation, Sheet A-203, prepared by ODP Architecture and Design, dated 12/06/19, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, Section A -A, Sheet A-300, prepared by ODP Architecture and Design, dated 12/06/19, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, Section B-B, Sheet A-301, prepared by ODP Architecture and Design, dated 12/06/19, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, Section C-C, Sheet A-302, prepared by ODP Architecture and Design, dated 12/06/19, last revised 02/25/20, signed and sealed ill • 3050 Aventura, Ground Floor Site Plan Drainage, Sheet 52-00-01, prepared by Christopher S. Work. PE, dated 2/25/20, signed and sealed • 3050 Aventura, Basement 1 Site Drainage Plan, Sheet 52-131-01, prepared by Christopher S. Work. PE, dated 2/25/20, signed and sealed • 3050 Aventura, Basement 2 Site Drainage Plan, Sheet 52-132-01, prepared by Christopher S. Work. PE, dated 2/25/20, signed and sealed • 3050 Aventura, Basement 3 Site Drainage Plan, Sheet 52-133-01, prepared by Christopher S. Work. PE, dated 2/25/20, signed and sealed • 3050 Aventura, Site Plan Drainage Schematic, Sheet 52-SC-01, prepared by Christopher S. Work. PE, dated 2/25/20, signed and sealed • 3050 Aventura, Ground Floor Plant Spatial Layout, Sheet 55-00-01, prepared by Christopher S. Work. PE, dated 2/25/20, signed and sealed • 3050 Aventura, Level 12 Plant Spatial Layout, Sheet 55-12-01, prepared by Christopher S. Work. PE, dated 2/25/20, signed and sealed • 3050 Aventura, Basement 1 Plant Spatial Layout, Sheet 55-131-01, prepared by Christopher S. Work. PE, dated 2/25/20, signed and sealed • 3050 Aventura, Basement 2 Plant Spatial Layout, Sheet 55-132-01, prepared by Christopher S. Work. PE, dated 2/25/20, signed and sealed • 3050 Aventura, Basement 3 Plant Spatial Layout, Sheet 55-133-01, prepared by Christopher S. Work. PE, dated 2/25/20, signed and sealed • 3050 Aventura, Level 01 Proposed Site Lighting Plan, Sheet 63-00-01, prepared by Christopher S. Work. PE, dated 2/25/20, signed and sealed • 3050 Aventura, Site Lighting Illuminance Plot, Sheet 63-00-02, prepared by Christopher S. Work. PE, dated 2/25/20, signed and sealed. 2. Building permits shall be obtained within 12 months of the date of this Resolution, failing which this approval shall be deemed null and void. The City Commission may, by resolution or motion at a regular meeting, grant one extension of up to six months for good cause shown by the applicant and upon written request for such extension by the applicant within the initial 12 month approval period. 3. Any discontinuation of the approved conditional use for a period of 180 consecutive days shall constitute abandonment and shall rescind the approval of the conditional use. 4. Prior to issuance of a building permit by the City for the proposed development, the applicant shall- (i) enter into and record in the Public Records of Miami -Dade County, at its expense, and in form satisfactory to the City Manager and City Attorney, the Agreement and Covenant in fulfillment of all requirements of the City's Green Building Program; and (ii) provide to the City a performance bond or other security approved by the City Manager and City Attorney in the amount of 5% of building construction NJ costs as approved by the City's Building Official to guarantee attainment of LEEDO Gold certification by the US Green Building Council; and (iii) submit and receive approval from the City Manager of a detailed job -site plan as required by City of Aventura Ordinance No. 2006-05. 5. Prior to issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy, the applicant shall- (i) provide an as -built survey and Elevation Certificate in form approved by the City; and (ii) provide to the City, evidence of compliance with City Code Section 31-242 regarding amplification systems public safety radio system protection; and 6. Issuance of a development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. 13 R �'1-4-1 �1101 VIA FACSIMLE AND E-MAIL Exhibit I December 11, 2019 CUP2005-0002 Community Development Director City of Aventura 19200 West Country Club Drive, 4th Floor Aventura, Florida 33180 4? . — - - ------------- - - ------ ---- -------------- -- M�� EtpXgft. The Property is identified by Miami -Dade County Folio 28-2203-025- 0010 and located within the City's Community Business (B2) Zoning District. It is 1.31 acres in size and currently contains a three-story bank and office building that was originally constructed in 1991. The building currently houses Safra Bank's South Florida operations on its first and second floors. SOUrHEAST FINANCIAL CENTER o 200 SOUTH ENaCAYNE BOWEVARO, SUITE SSG a MIAMI R-ORIDA 33131 PHONE. 305274.5300 9 FAX. 305.377.6222 0 WWW.BRZONINGLAW-CIOM Conditional Use RqqjLest. Pursuant to the City's Land Development Regulations (LDRs), the Applicant would like to request a height of 200 feet, where 120 feet would be permitted by right. The building will not seek any floors beyond the twelve (12) stories pemutted by right, a-< ®�:©».c.e«: :«;y©:;a d �: W" WIN use approval: 11 111 1 plqi Ir iiiiii R, III 1� I The application is consistent with the goals and objectives of the Comprehensive Plan, specifically the City's objectives of environmental stewardship and responsible development. (2) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare; (3) The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use; The Property is consistent with community character of the immediate neighborhood. Again, it replaces and improves upon an existing building on the Property for the same use. (4) Utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of theses LDRs; approval The Project is not expected to result in a failure of the City's adopted levels of service, Upon City's zoning regulations, which implies that the City has envisioned and anticipated this type of development on this particular parcel. (5) Adequate measures exist or shall be taken to provide ingress and egress to the proposed songestion in the public There is nothing to suggest that the approval of the Project and its conditional use will have any detrimental effect on the ability of develop for uses permitted in their zoning districts. proposed(7) The design of the use shall minlinuize adverse effects, ,. orientation,visual impacts, of the proposed use on adjacent property through the use of building buffers, d other design For all the foregoing reasons, .e applicant respectfully requests your Ms. Joanne Carr 'It, r I have any questions, comments, or require additional information, please do not hesitate to phone my direct line at (305) 377-6238. Sincerely yours, P/I---I�------ Michael J. Marrero w7mW144�Wffol WWMNVUI &UOUZI�I� COMO, &P. i BROWARD COUNTY DADE COUNTY IVES w X_ 3 MIAMI GARDENS DR. f /e Amv 17 Aventura Hospital & Medivul Center ) w Q The N Promenade Shops 203 ST. 1 201 TER. N AVENTURA 0Lv0 Fire Ik = / Rescue Aventura Station Library Aventura Mall :0 192 ST. 191 ST. ■ ° L.oehmann's Fashion L ■ Island ; e - 1 Maute I Lake ry ri Y! 1,611m:1%, ire■ Guljstream ^"` e4■4t!'C`!*V4i7■{��`RY*'i ■ Park YACH B DR. ■ MARINA ■ HARBOR COVE WAY CIRCLE ■ j a MA �NERWAY t�i • Waterways ■ WATERWAYS Shoppes 207 ST. ■ COUNTRY CLUB DR. ■ O ° ■ Subject Site ■ m Resort clubcc U OP i • • z v� 3e • a, • 0 O YACHT Q`� i ity of Aventura U UUB �J • overnment Centerl cuMA i mysTic • • • • 188 ST. • • 33180 1 T 33 60: 3T. Dunijoundling i Bay • F� • Little Z y Williams • Sound Maine w N • Lake �1 • • DP G i a • ♦ ° ♦i kr • r Exhibit 2 CUP200"002 192 ST. ff s l J m 15 UUZ R Atlantic Ocean Roadways City Boundary —.—.— ZIP Code Boundary ........... Railroad Re: Tract R of Aventura Second Addition, according to the Plat thereof, recorded in Plat Book 99, Page 2 1, of the Pub) ic Records of Miam i-Dade County, Florida. mm 7 F, * _, acrio paheasedednFoo990M SodtBk; Page 2 1, of the Public Records of Miami -Dade County, Florida, being more particularly described as follows: Begin at the southwest comer of said Tract E; thence along the southerly and easterly boundary of said Tract E for the next two courses; thence North 87 Degrees 19 Minutes 28 Seconds as for 266.00 Feet the�,* s 40 Minutes 32 Seconds West for 645.01 F", the=i, ,c North 02 De, South 87 Degrees 19 Minutes 28 Seconds West for 266.00 Feet to a point on the westerly boundary of said Tract E; thence South 02 Degrees 40 Minutes 32 Seconds East along the ©© line of said Tract E for 645.01 feet of the point of beginning. M Easement rights created by Restrictive Covenant and Easement Agreement, recorded in OR Book 13768, Page 639, as affected by: Final Summary Judgment recorded in 0.R_ Book 20709, Page 3144 of the Public Records of Miami -Dade . rA40. IN -kii ...I a OIL 46 x. p 4 '1 1 41 66— —A AIO lL� -'P' M - L t AM tio Safra Bank I - ___f ry � IL-- - e r- r k a +r ■v *. �� rl� i 1 \ OWNER � ARWECT OF RECORD ! DESGN \� ( STRUCTURAL . R . _ENGINEER � yi ...E . »>s= \ ) ` _ \ AVENTURA k-050 TA LOCATION TA nkTA PROJECT NME ANDADDRESS TOTAL LOT COVERAGE AS PER ARTICLE Al, SEC-144.c.5.2 FL AS PER ARTICLE E,•r �WW, SEW-144.c 5.2 LEGAL DESCRIPTION MP . �—i= P R rrea;Fi°rxre�nrceu eas,c,n�sw.xrxers°&ssems",%re�.Frer�a°rwna EN BUILDING CERTIFICA''Tn > SCOPE OF WORK P.WSEe@F%£g & IX 0 VARIANCES %t We wit. §. lYz9c� f� Es6TF§ATP€31&" F MiweaE qq�� K: EEF l NRib€.�i.' f MOM —30-0 Wi*ei4PH PoR'iPA.W .B'CR TfALe k WG'e..ti &t-uFgGb. wMa W fll ANSI£ CrtA1' 11 Ia�.F'1rFa'Ptw &.*Cea'. ix�i Fu%Td£ iltl?.. ti7 Rkm MI E¢ . m M 0Y M [%k€4T 1£F@ Y..YP£ Ea WARY IML:Cq E'roxE� s �F'at�pf _Wwff k�iTEA fNl£MEc&'ES#tDR£ _ %sSY.n,xK4tT, q 6F a F.� firms t1E0.4't@C€ ligt FW. C&Y A ±WRf'FSt YSff. tt&W'fE'g{'6 rotl^.tsIXWP q:.tE�ta Hxk.Sflu?�av Wms affwa�+"I�UtR � &A Pd R ��R44' RPo% � TPP ad3#.c S4 Ft�ffpY.%Y. ABOREVIATKW STRUCTURAL E�GHEER — Ziwi Project Name. 3050 Aventura Date5/15120 Y ?+ ?- 1 D D t}Integrative Process LEER for Neighborhood Development Location Sensitive land Protection High Priority Site Surrounding Density and Diverse Uses Access to Quality Transit Bicycle Facilities Reduced Parking Footprint (LEER 0.1) Electric Vehicles- v4.1 Construction Activity Pollution Prevention Site Assessment Site Development-Protect/Restore Habitat - 0.1 Open Space Rainwater Management v4.1 Heat Island Reduction Light Pollution Reduction Tenant Resign and Construction Guidelines Indoor Water Use Reduction s Indoor WCooling aterWater Metering Minimum Energy Performance Building -Level Energy Metering Fundamental Refrigerant Management Enhanced Commissioning Optimize Energy Performance Advanced Energy Metering Demand Response Renewable Energy Production Enhanced Refrigerant Management Green Power and Carbon Offsets a )LI: TOTAL &g 5 21 12 Storage and Collection of Recyclables M C&D Waste Management Planning Building Ltfe-Cycle Impact Reduction BPDO: EnvironmentM Product Declarations BPDO: Sourcing of Raw Materials BPDO: Material Ingredients Minimum Indoor Air Quality Performance Environmental Tobacco Smoke Control Enhanced Indoor Air Quality Strategies Love -Emitting Materials Construction lndoor Air duality Management Plan Daylight Quality Views Innovation in Resign; Green Building Education ,edit: °IBC Assessment + Planning for Resilincee Bird Collision Deterrence Innovation in Design; Q+M starter kit Pilot Credit: Integrative Analysis of building materials Pilot Credit. Biophilic Design LEER Accredited Professional Regional Priority: Optimize Energy (8 pt threshotd)I Regional Priority: Bicycle Facilities (1 Ist threshold) Regional Priority: Protect or restore (2 pt threshold) Outdoor water use reduction (2 pt threshold) City of Aventura 19200 West ount&i lub Drive B I 119- V, I jtiT jL10 GS.Wim CHAPTER 14, ARTICLE VL, CITY CODE KNOWALL BY THESE PRESENTS that the undersigned Owner hereby makes, declares and imposes on the land herein described, this agreement and covenant running with the land, which shall be binding on the Owner, all heirs, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under them; WHEREAS, 3050 Aventura Owner LLC, ( the "Owner"), holds fee simple title to the land in the City of Aventura, Miami -Dade County, Florida, more specifically described in Exhibit "A" (the "Propertyattached hereto, and WHEREAS, the City Commission of the City of Aventura ("City") adopted a Green Building Program by Ordinance No. 2009®1 on October 6, 2009, now Chapter 14, Article VI, of the City Code, and WHEREAS the Green Building Program provides incentives to the Owner to attain LEEDS certification by the Green Building Certification Institute and the Owner has filed an application to the City Commission for award of those incentives through the Conditional Use Approval process in the City Code; and WHEREAS the City Code requires that any Green Building Program Participant requesting award of incentives shall provide its LEEDS certification checklist to the City and that the checklist and certification details shall be confirmed through a written agreement between the property owner and the City and through a covenant recorded in the Public Records, and WHEREAS, the Owner desires to develop an office and bank facility on the Property and wants to assure the City that the development will be built in accordance with proffered plans consistent with the City Code, and specifically, that the building will be constructed so as to attain LEEDS Gold or Platinum certification by the Green Building Certification Institute, ,?,nd WHEREAS, the Owner has proposed the manner of compliance with LEEDS Gold Platinum certification pursuant to the checklist attached as Exhibit "B" and wishes to assure t City that these checklist items will be incorporated into the development, shown or noted on t building permit plans and maintained in perpetuity. NOW THEREFORE, in consideration of the foregoing recitals and other good valuable consideration, the receipt and sufficiency of which are hereby acknowledged, t Owner hereby aees ancovenants, for themselves, their heirs, successrs and assigns follows: .1 grd o I Recitals. The above recitals are true and correct and are adopted by the Owner and are incorporated as part of this Agreement. 2. Covenant Running With The Land. This Restrictive Covenant and Agreement (herei after referred to as the "Covenant") on the part of the Owner shall constitute a covenant running with the land and will be recorded, at Owner's expense, in the public records of Miami -Dade County, Florida, and shall remain in full force and effect and be binding upon the heirs, successors and assigns of the respective parties hereto. 3. Site Plan. The Property will be developed in accordance with the site plan entitled "3050 Aventura" under Case File No. SP1912-0001 ("Site Plan"). 4. Green Bung Desi&n Elements. The Owner proposes to construct the building with green building design elements shown on Exhibit "B" so as to attain LEEDS for Core and Shell Gold or Platinum certification by the Green Building Certification Institute. 5. Building Permit. The owner shall cause all LEEDS checklist items listed in Exhibit "B" to this Covenant to be shown or noted on the construction plans submitted to the City for Building Permit application. 6. Maintenance of the Green BuildLn�Besi wnElements. The green building design elements as listed on the LEEDS checklist and constructed pursuant to the Building Permit shall be maintained by the Owner or subsequent owner(s) in perpetuity. 7. Performance Bond. Prior to issuance of a building permit for this development, the Owner shall provide to the City a performance bond in the form of an irrevocable Letter of Credit, or other security in form approved by the City Manager and City Attorney, in the amount of 5% of the value of the proposed costs of construction as approved by the City's Building Official to guarantee LEEDS Gold or Platinum certification of the building by the US Green Building Certification Institute. The security shall be subject to call by the City one hundred and eighty (180) days from the issuance of the certificate of occupancy or certificate of completion, whichever first occurs, if LEEDS certification has not been achieved by that time. Reasonable extensions of time, up to a maximum of one (1) year from the issuance of the certificate of occupancy or certificate of completion, whichever first occurs, may be granted by the City Manager or his designee for good cause. If the Owner fails to complete LEED0 certification as committed witlun one (1) year from the issuance of the certificate of occupany or certificate of completion, then the City Manager or his designee shall deem such security forfeited to the City for any lawful governmental purpose identified by the City Commission. If the development receives LEED* certification at the level committed by the Owner prior to the expiration of the one hundred and eighty (180) day period provided. for above, or extensions of time as granted by the City Manager or his designee, and the security has not been forfeited as provided above, then the security may be released following submittal to the City of written proof of level of LE0 certification awarded by the Green Building Certification Institute. 8. Term. The provisions of this Covenant shall become effective upon their recordation in the public records of Miami -Dade County, Florida, and shall continue in effect for a period of thirty (30) years after the date of such recordation, after which time they shall be extended automatically for successive periods of ten (10) years each, unless released in writing by the then Owners of the Property or portion of the Property for which the release is sought, and by the City Manager upon the demonstration that the same is no longer necessary to preserve and protect the Property for the purpose herein intended. 9. Multivle Ownership. In the event multiple ownerships are created subsequent to Site Plan approval, each of the subsequent owners, mortgagees, heirs, assigns and other parties in interest shall be bound by the terms, provisions and conditions of this Declaration. 10m Modification or Release, The individual Parcels within the Property may be modified or released from this Declaration should the approved building be demolished or destroyed and a new building erected in its place that does not apply for incentives under the City of Aventura Green Building Program set out in Chapter 14, Article I. of the City Code, provided; however, that any release or modification shall be approved by the City Manager as described in Section 8 hereof, 11. Enforcement. Enforcement shall be by action against any parties or persons violating or attempting to violate any of these covenants. The prevailing party in any action or suit arising out of or pertaining to this Covenant shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may detennine to be reasonable attorney services. This enforcement provision is in addition to any other remedy at law, in equity or both. 12. Severabili . Invalidation of any one of these Declarations, by judgment of Court, shall not affect any of the other provisions, which shall remain in full force and effect. 13. Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. 14. Authorization o In the event of a violation of this Covenant, in addition to any other remedies available, the City is hereby authorized to withhold any permits, and refuse to make any inspections or grant any approval, until such time as this Declaration is complied with. 15. Recording. This Covenant shall be recorded in the Public Records of Miami -Dade County at the Owner's expense. WITNESSES: 3050 ARA OWNER LLC, a Florida limited liability company Print Name: By: Print Name: Title: Print Name: [CORPORATE SEAL] STATE OF )SS COUNTY OF The foregoing instrument was acknowledged before me this 2020,by as who is personally known to me or who has produced who executed same for the purposes described therein. [SEAL] By: City Manager ME - day of of My Commission Expir Notary Public, I RM Approved as to fonn and legal sufficiency on this day of 2020 APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-71(b)(2Xi) of the Cky of Ayentura Land Development Code, this Applbnt Representative Affidavit is hereby made and submiWW. The understned authatized mpresentative of the indiQual or entity applying for the Developmnt Perait, which is idernified in the amornparrying appkation, and the owner of the property subject to the application (if dlHerent) hereby lists and identifies an persons reptesenfiq the individual or entity apoying lim the Developnitent Permit in connection Qh the application, as follows, z= Relationship (i.e. Attorneys, Architects, Landscape Architects, Engineers, Lobbyists, Etc) WITNESS MY HAND THIS _ — DAY OF 20OLO Name - Ohl) Title; - Address; --- STATE OF FLORIDA COUNTY OF MLAMI-DADE) Before me the undersigned authority personally appear as the authofted representafive of the Applicant andkir the owner of the property subject to the application, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and coffecL :)fiay of A SWORN TO AND SUBSCRIBED BEFORE ME this FFIA T .2OkO MILISSA FERNANDEZ NoO Y Public State of n 8 At tar e - �d Name of No MY COMMISSIO11100 2 N 054$* IM TIC J 4 0't-LO' & 02 U%24.22 M)p �rninissjon expir EXPIRES. J S Pa i k r &,,% s ty 1+&,,I (-c ctvv I 1� m� f BUSINESS RELATIONSHIP AFFIDAVIr the spolicalb", Will be pvwmd Board to WAft " application *a be prowft a follows WITNESS MY HAND THIS — DAY OF 200 By Tire ^j PROPERTY OWNER ""JOAY F OTNESS MY HAND THIS Oy REPREr T#I'IVE �Listed on Business RpiatwsMv Affif,%Vt Name N iv,, e T,, e Nalne n n"N Name ue, Z, Tdie, By T49— By,- TdIe 17-yinw) ?11# nt W P, pqp" n" a "a fi "An""v""no T*-- NOTF : 1) Use duplicate s1weli if disclowe intocaiation for 2) Applicsous anJ Affiaw,, me a& kw %inwei,,fl iuq,,y!ctn,w, puor,J-AWI "W, "t"N" i 2"pk" of the Chy's Land Re,,qgpAmh!,rv, in uh�c tea. MAV OIs ot applicatioti by the Ciry Rtnard u,", ( Gnwnn (lie n) p'n" ihw A IWPI�, d HU, MLI T t4QjA-RIZAj1Mei ON STA'k OF MQ[U C4UNTY (Y, VAM aO ADF Befcve rfte, me wm"roo airwq pefsvialty sopsmal 0,klf, t:c �4 b,* V W*V,!, SA*a, 00m vow., weLged hs AKdjw4 kv ft pvpOW sWO ��WPA vd �hx , is fn*InCl W'M TO AND .9uBSCRAWD, oekre �,e s 11-0,11lay , ooiva STA—r EY FLOMA (;O,kWrY OF %AA N *Q E F, PA NMry Pub0c SOM of Fbtda Renee Bamd My COMM=Uft GO 2321971: ,Z ti IA "va", safe 'v" Ps x,da At L"o c, 45 CA C cClri oclu-,; . . . ....... ��i 0, Rewe me me unewsqw axivae, wsrww�,, apowee ni ul - aibcv.wd fts Miagml ky Mo w, pos4sa9ft Me co ano tM KA w cawfI10 I L iWl "ll, SRN TAte ,` ND I -g t0l, 11 STA4, OF fLORQUA (ZLAVY ()F WALN DADE) Beh's me IN v4wswed avw "If wlala �� &xw.,fo execAw 06 AFdAAt kv ", Npaws sWed Pwrtmaw,# �,w � �e ne avcavp, a-�01 , SWORN TO AMC. S TA fk, OF F LORIDA MiNTY OF WAW,Wx,, Howe fft ow unawswea aww""fiv P*ww V Awmaw, ac"IN hs ARM" W Me owpom stosa the vw and Utz` iocwvori SA4AN T() AN() SUH&'RLH[�be�r,,.e s 3h,-2f Ah' Q, L rDuw,c,,-,-w% x Fpr At x no UXIIIC—e— ,Ivl Nell -ear 9h, ego. 05, O'c", 01 VC,vZ1,411,11 A " � V'fi, AHLA WKI ', 'e �*, 1, 111414111* Li All -M o v SPB= uato gee rGr- Al 4211 J E 7Mf (A C C , 01. *1 ,, ,; i4yu t,,f � , , E wwn-, n%,/,� 0,w- una? A,F G.pj T WITNESS MY HAND THIS -LO DAY OF 114Y M- REPRESENTATIVE: (Listed on Business Relationship Affidavit) By:,.- CA-WtW� Aelgriature) By--- (Signature Name: kA*Iqt Name: (Print) Title:, (Print) Title-.- ---ftint) AlAjvAaIZ�4- By;-- (Signature) Name:-- (Print) Title: (Print) By:-- -- (Signature) Name:--- — (Print) Title:--_,, (Print) By: -- (Signature) Title: __,-___ (Print) Title: —(Print) By:--- (Signature) Title: (Print) Title:-.. (Print) By: (Signature) Title: (Print) Title: (Print) By— (Signature Name: (Print) Title:, , - (Print) By, (Signature Name:_ Title: -- By: ------- (Signature Title:. (Print) Title:-- (Print) By:------ (Signature Title:--- (Print) Title: By: (Si gnature Title: Title.----,--- (Print) 2) Applicants and Afflants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF ftgftliltilicr )A10&7W C. V/1— rA) _ I COUNTY OFV=:;=E)MjFCA�fj 6 ft Before me, the undersigned authority, personally appeared 4! lwv— A� the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct I/ — Af F --I A�N �T SWORN TO AND SUBSCRIBED before me this day ofA"_�__20 NOTAX-y Notaa,Pubi c et e of Floit Lar e 0' Lo Printed Name of Notary My commission expires:- R —al 3 -7-3 'Z COU0 --- - -------------- - ------- -------- ------ ------- ------ ---- - -- ---------- ------ - ------- --------------------------- ---------- ---------- ----------- --------------- STATE OF FLORIDA COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared the Affiant, who being first by me du)y sworn, did swear or affirm that heJshe axeculed this Affidavit for the purposes stated therein and that it is true and correct. AFF(ANT STATE OF FLORIDA COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared the Affiant, who being first by me duly sworn, did swear or affirm that he/ executed this Affidavit for the purposes stated therein and that it is true and =rect. I AFFIANT Not" Public State of Flonda At Large Printed Name of Notary My commission expires: — STATE OF FLORIDA COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared the Affiant, who being first by me duly sworn, did swear or affirm that h ,2xeculed this Affidavit for the purposes stated therein and that it is bue and correct. elsi SWORN TO AND SUBSCRIBED before me this - -dayof __ __ _200 AFFIANT Notary Public State of Florida At Large Printed Name of Notary My commission expires— WITNESS MY KANO THIS 19 DAY OF 2020 BY,_ ISOMYR) Name:- , �WMO By:,, � _ MOM* Nome"_ jfthg) (P(kV) BY" TiQe,-_- TOw (Pt") BY,_ _rSook") TIW.— __ — (R#* T11119; 04 By: (SOMIMP) 'ride, M") Tide,._ IP*O 0 Z= Narne,_—, , PW Tilic Name: __ ftli) BY; It Name:-,,, _,__(RA%) Title: Pik (S4natufe TO,_ EM TRIG:__ Tille:___ sy:_(Stolatwe Tifle:_ __ __OW 2) Applicants and fflants are advised to timely supplement this Affidavit pursuant to See. 31-71(b)(2)(iv) of [lie City's Land Development Regulations in the Oty Code, in the event that prior to consideration of the application by the City Board or Commission, the information proviricd in 1he Affidavit becomes incorrect or incomplete. STATE OF FLOP) I CHillsborough ame tow, pie usymwmu mia*' P.... opparl'Victor Iraheta the AffianL who b&V kst by me dWy s"n. did swear or alkm Mat heilshe exaculedthis Affidetat ter Me purpom sWed twain mad to it is hue and C.W- AP40F14NT SMRN TO AND SUBSCRIBED beforemethis 19 day of -May— 2020 MELINDA F MAXWELL 1, Nolary Pubk — State of My 0Florida 01 At Let & 2022 im a Expims Apr '04 inn _a_ Comm Med Name I-- — dmm— My omarr*zian expkas-ApfiLB� 2022 STATE OF FLORL-A COUNTY OF MIAN-OME) Abe me, Um umlerWped aullw4, personally appmed —_ -_— _ Me Alliant, who being iml by me dedy sworn. did swear or affirm that haIsm executed hs Arlduel for Ow putpom stalied Merm and lhat 9 is true and correct, WOtT SWORN TO AND SUBSCRIBE D berme me oft day of 200_, 406-ry Ai6v State of A" A(Gi� Pnri�dkeme of Naian—j My comnrisslon expim— STATE OF FLORIDA COUNTY OF LRAMI-DADE) Before me, the untleratped authority, Pas** aPpeared Ihe Affent, who baitV ka by me duty mmn, did swear or a that h&Vw execM hs AffidM for dw purposes stated Mrdn and dw If is We and mmd, AFF[ik Ekhr.—Je4m, �MYMVIV �10 mmv L, 11 �16 rik-SrTow, 11 t Nww—tMN) Tlk W�_Mvmbls) TMO----#W T11IM—MOV eyP_ T4w 13f.-MOMM) Ti 'I'lk-01ho By:--- (Sofifute T& By: (SOMOV Name.,_ --(A" Tive: n "M By,---- Tok Tido:_ —, Nmurft TiOe:— ep" By'-- POMP (Pt") 2) Applicants and AMants are advised to timely supplement this AMdavil pursuant to See, 31-7 I(b)(2)(iv) of the C4's Land Development Regulations in the City Code, in the event that he prior to consideration of the application by the City Board or Conimissimn, tlulbrination provided In the Affidavit becomos incorred or inoomplete. Bake mo, Bw undwaliped suftly, pomanotty Wasted I* AtUrd, who bdq Nst by nm duty mwo, did svmr of Am that befthe usmitad Oils ANdmA W ft purpmr, slated WWn W dial 4 Is we &W med ;FiWf ' - ' -, - - .,..:.ter - ' !IM MINARIANA 'I � B*m a, he slowly. pasmalf op"fed a M Mont, who being Arg by im dui two, dW *we& or aft Dial hem@ mWW ft Affidad W the ppam Wed Vatmin md INA It 4 Inn afd camel. SWRN TO AND WBSMSED before n-M INS , - -day at, .,— _ ., 200- 6iiiiiiii- ii; WF_,_WiiJiL4i_ WITNESS MY HAND THIS !�� DAY OF MV__- .20a zozo REPRESENT (Listed on Business Relationship Affidavit) XBY:-- By; Name:, (breast) Name:- Title: A%lakAdmirprint) Title: By:--.- By:— Name:- .—,---jPYin1) Name: Title:. .(print) Title: _(Print) By:- -(Signahlre) By; (Signallize Name:— -(Print) Name,--—- (Print) Title: --_-- (Punt) Title: ------(Print) By: By: _ (Signwarp Title:_____ Title:-_ _(Pr#71) Title: (Plial) Title: By:-. _ —(SiQlk71afe) Title:-- --(Print) Title, ———(Pri1?0 By: (Signature) Title: (P1101) Title:------- (Print) ��=Iljrjjijijviji I III IgI1,111pill I 111111111:11111 By; � (Signature. Title: Title:_ ------ By:,- --- (Signature Title:_. . . . . . .......... (Pant) Tille, 2) Applicants and Afflants are advised to timely supplement (his Affidavit pursuant it,, See. 3 ( -7 1 (b)(2)(iv) of the City's Land Development Regulations in (lie City Code, in the event that prior it) consideration of the application by the City Board or Commission, the infornialion provided in the Affidavit becomes incorrect or incomplete. NO I QN STATE CIF FLORIDA COUNTY OF MIAMI•DADE) Before me, the undersigned authority, personally appeased Z454_4__._ the Afleml, who being first by too duly sworn, did swear or affirm that he/she executed his Affidratt for the purposes stated therein and that if is true and correct. XAFeAleTV SWORNTOAND SUBSCRIBED before ine this /il"day of. - *t. XDZO Printed Name of Notary My Commission expPres:_ --- - ----------- _.__---__-'_ .... . ...... ......... ........ .................. STATE OF FLORIFIA COUNTY OF MAMI-OADE) Before me. the undersigned authority, personally appeared M AM ant, who being first by me duly sworn, did swear or affirrin that he/She executed this Affidavit for the purposes stated therein and that it is true and correct. AFHANT Notary Public State of Ronda At Large Printed Name of Notary Mycommission expires._ . . ........ ......... ........ ------ - -------- STATE OF FLORIDA COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared, the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes slated therein and dial it is true and correct. AFHAWT SWORN TO AND SUBSCRIBED before me Ws —, -dayef_ — __ _200 Notary Public State of Florida At Large Printed Name of Notary My commission expires:. ... . ....... ........ ............................................. ....... ...... STATE OF FLORIDA COUNTY OF MIAMI�DADE) Before one, the undarsi rid authority, personally appeared he Affiatil, who being first by one duly sworn, did swear or affirm dial he/she executed this Affidavit for the purposes stated therein and that it is true and conroot. SWORN TO AND SUBSCRIBED before AFFIANT Notary Public State of Florida At Large Printed Name of Notary mycornmissionerrpiies:" 114 ITNSS i4L WEMY HANT D HIS / 'a., - DAY F 0 REP PE ENTATIVE: (Listed on Business RelaWship Affidavit) X� 1Y. 1we) By (Print) Name:.. Name:_` Iptiol, Title: L s -1 z a &-_1 _ ___ _ (Ptint) Title: (SigrnnrrrreJ Name:-. (prim) Title: (Print) By:_ Name: Tille:__ (Rhyt) By: ___ _(S0natute) TiUe:_______.. — __._(Print) Title:, RIM) By- _(Sigwlilfe) Title: __(Print) By: (Si gnadire) Title:_ ft/nO TIk:(R#i0 __ ___(Prill) By_. _ (Signawfe Name: Rini) By: (Signature Name:. _(Rini) Title: Rh7l Si 7111re Title:--- __(Rkit) Tide-.. (Rini) By:.,,--. (Signaturip Title:. Pf #w) —(Rant) Tftle:_.. ,_ _--(Prinv) 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to See. 31-71(b)12)(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. My commbsim al iTATTWI COUNTY OF MWA-ME) mrt=— MUOUMI AFFiTOTT ........... -- STATE OF FLORIDA CWM OF MWA-DAM) 11111,11111iligg", 1111111 Ili 11, 11111 Jill =WMITIM =0 AFFi��f §6 Gi FWldli Ali Lgiii 6 NOW4 , , — , -- — WITNESS MY HAND THIS p.DAY OF REIRR:ESEIVE., (Listed on Business Relationship Affidavit) x eZ 0y: By: (S4ipamire Nam: Name: (PUM) TI DDA rl-o-c—A —A-1vr (x w) Tille., —(Print) it -- (SigmAlre) Now:- ----- --(Pnn0 Title,— Pf") BY: Name: jhh) Tifie:-_ By,--- —(Sigrwitire) Tille:--- _--() Tie:. — — —An) By:— - --twgnalilre) Title -- Title Ptint Pia) By:- -- — (Skpaur Name: --(PVi7l) Title. By(Sigialiffe Name:--_ � _(Ptim) Title: — --(Pf*i) By:---- . - - - - — (St tare Title: _(Pirkw) Tice: __(PrW) By aigmillre Title: Title: Sy: (S4nalure Tile: 2) Applicants and Afflants are advised to limeiy supplement this Affidavit pursuant to Sec31-71(b)(2)(iv) of the City's Land Development ReguInfions 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. Rnfare me, lhoundersignaxil authority, personalty the Atharil, who being first by me duly sworn, did swear or affirm that he/she steavied this AfrdM for the purposes stated therein and Met R is true and act. H Rio F do 359233 p! rest ^ E4;' 3'111 4' 111 0 '1 111 IN FERNANDO PORPHiRIO -Stat* of Florida Notary Public SWORN TO AND SUBSCRIBED before me this ig. day of Commissionlif GG 359233 MV Commission Expires ... .. August_2. 2023 of Ida At Largo Tt Printed Na= of Nolari .......... .... . ... ........ ........ STATE OF FLORIDA COUNTY OF MAW-DADIE) Before me. the undersigned atilhofily, personally appeared -- -- - - - executed this Affidavit for Ithe purposes stated therein and that it is he and mmi, SWORN M AND SLIBSCRIBED before me 63 day of -- 200_ Notary Pubic State of Flodde At large Printed Nairia of Moiety My mission expires:. . . ............ ........................... STATE OF FLORIDA COUNTY OF MKMI-DADE) Before ine, be undersoled authority personally appeated neWed this Allidewix for the purposes stated lherein and that it is true and coired SWORN TO AND SUBSCRI13ED beforeme this — -dayof --- --- _200 SWORN TO AND SUBSCRIBED before me this day of ..200-. the Affiarit, who being W by rne dull sworn, did sweet or affiffir that he/she Printed Name of Notary My Commission axpkes-'. .......... .— ... ... --- ... ...... RESOLUTION NO. 2020- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-144(C)(2)i. OF THE CITY CODE FOR AN INCREASED HEIGHT OF 12 STORIES OR 200 FEET, WHERE THE CITY CODE PERMITS A MAXIMUM HEIGHT OF 12 STORIES OR 120 FEET; GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-144(C)(2)M. OF THE CITY CODE TO PERMIT A FLOOR AREA RATIO OF 1.99, WHERE THE CITY CODE PERMITS A MAXIMUM FLOOR AREA RATIO OF 1.61, FOR THE DEVELOPMENT OF AN OFFICE AND BANK BUILDING LOCATED AT 3050 AVENTURA BOULEVARD IN THE CITY; PROVIDING FOR RECORDATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 31, "Land Development Regulations," Article VII, Use Regulation, Section 31-144 "Business Zoning Districts," of the City Code of Ordinances, the applicant, 3050 Aventura Owner LLC, has applied to the City of Aventura (the "City") for Conditional Use Approvals (Application No. CU2005-0002) related to the development of an office and bank building (the "Development") located at 3050 Aventura Boulevard in the Community Business (B2) District, as legally described in Exhibit "A" (the "Property"); and WHEREAS, pursuant to Chapter 14, "Buildings and Buildings Regulations" Article VI, "Green Building Program," the applicant has voluntarily elected to construct the building as a LEEDO Gold development, which provides for certain incentives; and WHEREAS, pursuant to Section 31-144(c)(2)i., the applicant has requested Conditional Use Approval to permit a height of 12 stories or 200 feet, where the City Code permits a maximum height of 12 stories or 120 feet; and WHEREAS, pursuant to City Code Section 31-144(c)(2)m., the applicant has requested Conditional Use Approval for a LEEDO Gold development to permit a floor area ratio of 1.99, where the City Code permits a maximum floor area of 1.61; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein, and it is in the best interest of the City to grant the requests for Conditional Use Approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. City of Aventura Resolution No. 2020- Section 2. That the application for Conditional Use to permit a building height of 12 stories or 200 feet, where a maximum height of 12 stories or 120 feet is permitted by Code, is hereby granted subject to the conditions set out in this Resolution, for property legally described in Exhibit "A" and known as municipal address 3050 Aventura Boulevard, City of Aventura. Section 3. That the application for Conditional Use to permit a floor area ratio of 1.99, where the City Code permits a maximum floor area ratio of 1.61, is hereby granted, subject to the conditions set out in this Resolution, on property legally described in Exhibit "A" and known as municipal number 3050 Aventura Boulevard, City of Aventura. Section 4. Approval of the application above is subject to the following conditions- 1 . Plans submitted for building permit shall substantially comply with those submitted as follows: • Safra Bank - 3050 Aventura, ALTA/NSPS Land Title Survey, Sheet 1 of 2, prepared by Fortin Leavy Skiles Inc., dated 12/18/98, last revised 2/20/20, signed and sealed. • Safra Bank - 3050 Aventura, ALTA/NSPS Land Title Survey, Sheet 2 of 2, prepared by Fortin Leavy Skiles Inc., dated 12/18/98, last revised 2/20/20, signed and sealed. • 3050 Aventura, Civil Plans, Cover Sheet, Sheet C1, prepared by Fortin Leavy Skiles Inc., dated 12/04/19, last revised 2/25/20, signed and sealed. • 3050 Aventura, Civil Plans, Paving, Drainage, Water and Sewer Notes, Sheet C2, prepared by Fortin Leavy Skiles Inc., dated 12/04/19, last revised 2/25/20, signed and sealed. • 3050 Aventura, Civil Plans, Paving, Drainage, Water and Sewer Notes, Sheet C3, prepared by Fortin Leavy Skiles Inc., dated 12/04/19, last revised 2/25/20, signed and sealed. • 3050 Aventura, Civil Plans, Adjacent Driveway Plan, Sheet C4, prepared by Fortin Leavy Skiles Inc., dated 12/04/19, last revised 2/25/20, signed and sealed. • 3050 Aventura, Civil Plans, Stormwater Pollution Prevention Plan, Sheet C5, prepared by Fortin Leavy Skiles Inc., dated 12/04/19, last revised 2/25/20, signed and sealed. • 3050 Aventura, Civil Plans, Stormwater Pollution Prevention Details, Sheet C6, prepared by Fortin Leavy Skiles Inc., dated 12/04/19, last revised 2/25/20, signed and sealed. • 3050 Aventura, Civil Plans, Demolition Plan, Sheet C7, prepared by Fortin Leavy Skiles Inc., dated 12/04/19, last revised 2/25/20, signed and sealed. • 3050 Aventura, Civil Plans, Paving, Drainage, Water and Sewer Plan, Sheet C8, prepared by Fortin Leavy Skiles Inc., dated 12/04/19, last revised 2/25/20, signed and sealed. • 3050 Aventura, Civil Plans, Geometry, Signage and Pavement Marking, Sheet C9, prepared by Fortin Leavy Skiles Inc., dated 12/04/19, last revised 2/25/20, signed and sealed. Page 2 of 8 City of Aventura Resolution No. 2020- • 3050 Aventura, Civil Plans, Enlarged Site Plan, Sheet C10, prepared by Fortin Leavy Skiles Inc., dated 12/04/19, last revised 2/25/20, signed and sealed. • 3050 Aventura, Civil Plans, Paving, Drainage, Water and Sewer Details, Sheet C11, prepared by Fortin Leavy Skiles Inc., dated 12/04/19, last revised 2/25/20, signed and sealed. • 3050 Aventura, Civil Plans, Paving, Drainage, Water and Sewer Details, Sheet C12, prepared by Fortin Leavy Skiles Inc., dated 12/04/19, last revised 2/25/20, signed and sealed. • 3050 Aventura, Civil Plans, Sections, Sheet C13, prepared by Fortin Leavy Skiles Inc., dated 12/04/19, last revised 2/25/20, signed and sealed. • 3050 Aventura, Landscape Plans, Cover Sheet, Sheet G1.00, prepared by Raymond Jungles Inc., signed and sealed. • 3050 Aventura, Landscape Plans, Tree Disposition Schedule, Sheet LR.100, prepared by Raymond Jungles Inc., dated 2/25/20, signed and sealed. • 3050 Aventura, Landscape Plans, Tree Disposition Schedule, Sheet LR.200, prepared by Raymond Jungles Inc., dated 2/25/20, signed and sealed. • 3050 Aventura, Landscape Plans, Canopy Plan Ground Floor, Sheet LP.100, prepared by Raymond Jungles Inc., dated 2/25/20, signed and sealed. • 3050 Aventura, Landscape Plans, Understory Plan - Ground Floor, Sheet LP.200, prepared by Raymond Jungles Inc., dated 2/25/20, signed and sealed. • 3050 Aventura, Landscape Plans, Landscape Plan - Roof, Sheet LP.250, prepared by Raymond Jungles Inc., dated 2/25/20, signed and sealed. • 3050 Aventura, Landscape Plans, Planting Schedule, Sheet LP.300, prepared by Raymond Jungles Inc., dated 2/25/20, signed and sealed. • 3050 Aventura, Landscape Plans, Planting Details, Sheet LP.400, prepared by Raymond Jungles Inc., dated 2/25/20, signed and sealed. • 3050 Aventura, Architectural Plans, Cover Sheet, Sheet A-000, prepared by ODP Architecture and Design, dated 12/6/19, last revised 02/25/20, signed and sealed. • 3050 Aventura, Architectural Plans, Project Data, Sheet A-001, prepared by ODP Architecture and Design, dated 12/6/19, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, Sheet Index, Sheet A-002, prepared by ODP Architecture and Design, dated 12/6/19, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, ADA Notes, Sheet A-003, prepared by ODP Architecture and Design, dated 02/25/20, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, East Elevation - Material Presentation, Sheet A-020, prepared by ODP Architecture and Design, dated 02/25/20, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, South Elevation - Material Presentation, Sheet A-021, prepared by ODP Architecture and Design, dated 02/25/20, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, West Elevation - Material Presentation, Sheet A-022, prepared by ODP Architecture and Design, dated 02/25/20, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, North Elevation - Material Presentation, Sheet A-023, prepared by ODP Architecture and Design, dated 02/25/20, last revised 02/25/20, signed and sealed Page 3 of 8 City of Aventura Resolution No. 2020- • 3050 Aventura, Architectural Plans, Solar Study, Sheet A-025, prepared by ODP Architecture and Design, dated 02/25/20, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, Sun Glare Analysis, Sheet A-026, prepared by ODP Architecture and Design, dated 02/25/20, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, Site Context Plan, Sheet A-050, prepared by ODP Architecture and Design, dated 12/06/19, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, Site Plan, Sheet A-051, prepared by ODP Architecture and Design, dated 12/06/19, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, Basement Floor 01, Sheet A-100B1, prepared by ODP Architecture and Design, dated 12/06/19, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, Basement Floor 02, Sheet A-100B2, prepared by ODP Architecture and Design, dated 12/06/19, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, Basement Floor 03, Sheet A-100B3, prepared by ODP Architecture and Design, dated 12/06/19, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, Ground Floor Plan, Sheet A-101, prepared by ODP Architecture and Design, dated 12/06/19, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, Typ. Office Shell, Floors 02-07, Sheet A-102, prepared by ODP Architecture and Design, dated 12/06/19, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, Bank Floor 08-11, Sheet A-103, prepared by ODP Architecture and Design, dated 12/06/19, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, Level 12, Roof Terrace Floor Plan, Sheet A- 112, prepared by ODP Architecture and Design, dated 12/06/19, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, East Elevation, Sheet A-200, prepared by ODP Architecture and Design, dated 12/06/19, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, South Elevation, Sheet A-201, prepared by ODP Architecture and Design, dated 12/06/19, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, West Elevation, Sheet A-202, prepared by ODP Architecture and Design, dated 12/06/19, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, North Elevation, Sheet A-203, prepared by ODP Architecture and Design, dated 12/06/19, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, Section A -A, Sheet A-300, prepared by ODP Architecture and Design, dated 12/06/19, last revised 02/25/20, signed and sealed Page 4 of 8 City of Aventura Resolution No. 2020- • 3050 Aventura, Architectural Plans, Section B-B, Sheet A-301, prepared by ODP Architecture and Design, dated 12/06/19, last revised 02/25/20, signed and sealed • 3050 Aventura, Architectural Plans, Section C-C, Sheet A-302, prepared by ODP Architecture and Design, dated 12/06/19, last revised 02/25/20, signed and sealed • 3050 Aventura, Ground Floor Site Plan Drainage, Sheet 52-00-01, prepared by Christopher S. Work. PE, dated 2/25/20, signed and sealed • 3050 Aventura, Basement 1 Site Drainage Plan, Sheet 52-131-01, prepared by Christopher S. Work. PE, dated 2/25/20, signed and sealed • 3050 Aventura, Basement 2 Site Drainage Plan, Sheet 52-132-01, prepared by Christopher S. Work. PE, dated 2/25/20, signed and sealed • 3050 Aventura, Basement 3 Site Drainage Plan, Sheet 52-133-01, prepared by Christopher S. Work. PE, dated 2/25/20, signed and sealed • 3050 Aventura, Site Plan Drainage Schematic, Sheet 52-SC-01, prepared by Christopher S. Work. PE, dated 2/25/20, signed and sealed • 3050 Aventura, Ground Floor Plant Spatial Layout, Sheet 55-00-01, prepared by Christopher S. Work. PE, dated 2/25/20, signed and sealed • 3050 Aventura, Level 12 Plant Spatial Layout, Sheet 55-12-01, prepared by Christopher S. Work. PE, dated 2/25/20, signed and sealed • 3050 Aventura, Basement 1 Plant Spatial Layout, Sheet 55-131-01, prepared by Christopher S. Work. PE, dated 2/25/20, signed and sealed • 3050 Aventura, Basement 2 Plant Spatial Layout, Sheet 55-132-01, prepared by Christopher S. Work. PE, dated 2/25/20, signed and sealed • 3050 Aventura, Basement 3 Plant Spatial Layout, Sheet 55-133-01, prepared by Christopher S. Work. PE, dated 2/25/20, signed and sealed • 3050 Aventura, Level 01 Proposed Site Lighting Plan, Sheet 63-00-01, prepared by Christopher S. Work. PE, dated 2/25/20, signed and sealed • 3050 Aventura, Site Lighting Illuminance Plot, Sheet 63-00-02, prepared by Christopher S. Work. PE, dated 2/25/20, signed and sealed. 2. Building permits shall be obtained within 12 months of the date of this Resolution, failing which this approval shall be deemed null and void. The City Commission may, by resolution or motion at a regular meeting, grant one extension of up to six months for good cause shown by the applicant and upon written request for such extension by the applicant within the initial 12 month approval period. 3. Any discontinuation of the approved conditional use for a period of 180 consecutive days shall constitute abandonment and shall rescind the approval of the conditional use. 4. Prior to issuance of a building permit by the City for the proposed development, the applicant shall- (i) enter into and record in the Public Records of Miami -Dade County, at its expense, and in form satisfactory to the City Manager and City Attorney, the Agreement and Covenant in fulfillment of all requirements of the City's Green Building Program; and (ii) provide to the City a performance bond or other security approved by the City Manager and City Attorney in the amount of 5% of building construction costs Page 5 of 8 City of Aventura Resolution No. 2020- as approved by the City's Building Official to guarantee attainment of LEEDO Gold certification by the US Green Building Council; and (iii) submit and receive approval from the City Manager of a detailed job -site plan as required by City of Aventura Ordinance No. 2006-05; and (iv) record this Resolution, at its expense, in the Public Records of Miami - Dade County, Florida and provide a recorded copy to the City Clerk. 5. Prior to issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy, the applicant shall- (i) provide an as -built survey and Elevation Certificate in form approved by the City; and (ii) provide to the City, evidence of compliance with City Code Section 31-242 regarding amplification systems public safety radio system protection. Section 5. The City Manager is authorized to issue permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 6. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 7. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman Page 6 of 8 City of Aventura Resolution No. 2020- PASSED AND ADOPTED this 9t" day of June, 2020. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of , 2020. City Clerk Page 7 of 8 City of Aventura Resolution No. 2020- Exhibit "A" Legal Description of Property 3050 Aventura Boulevard, City of Aventura Tract E of Aventura Second Addition, according to the plat thereof recorded in Plat Book 99, Page 21, of the Public Records of Miami -Dade County, Florida. Less: A portion of Tract E, Aventura Second Addition, according to the plat thereof recorded in Plat Book 99, Page 21, of the Public Records of Miami -Dade County, Florida, being more particularly described as follows: Begin at the southwest corner of said Tract E; Thence along the southerly and easterly boundary of said Tract E for the next two courses, Thence North 87 degrees 19 minutes 28 seconds East for 266.00 feet; Thence North 02 degrees 40 minutes 32 seconds West for 645.01 feet; Thence South 87 degrees 19 minutes 28 second West for 266.00 feet to a point on the westerly boundary of said Tract E; Thence South 02 degrees 40 minutes 32 seconds East along the westerly line of said Tract E for 645.01 feet to the point of beginning. Easement rights created by Restrictive Covenant and Easement Agreement, recorded in OR Book 13768, Page 632, as affected by Final Summary Judgment recorded in OR Book 20708, Page 3144 of the Public Records of Miami -Dade County, Florida Page 8 of 8 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO- City Commission FROM- Ronald J. Wasson --� City Manager BY- Joanne Carr, AICP j4w Community Development Director DATE- June 5, 2020 SUBJECT- Requests of 10X HQ LLC for Sign Variance 18909 NE 29 Avenue, City of Aventura File Number SV2003-0001 June 9, 2020 City Commission Meeting Agenda Item 6C RECOMMENDATION It is recommended that the City Commission approve the requests for sign variance to permit (1) a secondary wall sign measuring 27.8 square feet, where a secondary sign measuring 18.45 square feet is permitted by Code, and (2) a wall sign located within 300 feet of a residentially zoned property, where wall signs within this distance are not permitted by Code, with the following conditions- 1. That the sign submitted for permitting comply with the drawings submitted with this application, those being- • "Contractors Inc., 18909 NE 29 Avenue, Aventura, FL, 33180", Sign 1 — NE 29 Ave (Existing), Page 1 of 5, prepared by FastSigns. • "Contractors Inc., 18909 NE 29 Avenue, Aventura, FL, 33180", Sign #1 Location Plan, Page 2 of 5, prepared by FastSigns. • "Contractors Inc., 18909 NE 29 Avenue, Aventura, FL, 33180", Sign 2 — NE 190t" Street (Proposed), Page 3 of 5, prepared by FastSigns. • "Contractors Inc., 18909 NE 29 Avenue, Aventura, FL, 33180", Sign #2 Location, Page 4 of 5, prepared by FastSigns. • "Contractors Inc., 18909 NE 29 Avenue, Aventura, FL, 33180", Sign Details, Page 5 of 5, prepared by FastSigns. 2. The applicant shall obtain a sign permit within twelve (12) months of the date of the approving resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. THE REQUEST The applicant, Courtney Jared Bannan, Esq. on behalf of 10X HQ LLC, is requesting a variance from Section 31-1910)(2)b. of the City Code to permit a secondary wall sign measuring 27.8 square feet, where a secondary sign measuring 18.45 square feet is permitted by Code and to permit a wall sign within 300 feet of a residentially zoned property, where wall signs within that distance are not permitted by Code and, for the one-story office building at 18909 NE 29 Avenue. The applicant's letter of intent is attached as Exhibit #1. BACKGROUND OWNER OF PROPERTY 10X HQ LLC APPLICANT Courtney Jared Bannan, Esq. Corporate Counsel for the owner LOCATION OF PROPERTY 18909 NE 29 Avenue Location Map is attached as Exhibit #2 Aerial Map is attached as Exhibit #3 LEGAL DESCRIPTION Tract P of Marina Del Rey Revised, according to the plat thereof recorded in Plat Book 144, Page 89 of the Public Records of Miami -Dade County, Florida ZONING Subject property: TC1, Town Center District Property to the North: RMF3, Multifamily Medium Density Residential District Property to the South: TC1, Town Center District Property to the East: RMF3, Multifamily Medium Density Residential District Property to the West: TC1, Town Center District EXISTING LAND USE Subject property: Office Building Property to the North: Residential Property to the South: Business/Office Property to the East: Residential Property to the West: Commercial K FUTURE LAND USE — According to the City of Aventura Comprehensive Plan, the following properties are currently designated as follows: Subject property: Town Center Property to the North: Town Center Property to the South: Town Center Property to the East: Medium High Density Residential Property to the West: Town Center The Site -The subject site is a 1.57 acres property with frontages on both NE 29 Avenue and NE 190 Street and municipal addresses of 18901-18909 NE 29 Avenue. The site contains a one-story office building with 83 surface parking spaces. The Project — The owner has erected one 36.9 square foot wall sign on the west elevation on NE 29 Avenue, with all necessary permits, reading "Cardone Enterprises". It wishes to obtain a permit for a secondary sign measuring 27.8 square feet reading "Cardone Capital" on the north elevation on NE 190 Street. The sign drawings, showing the existing and proposed signs, are attached as Exhibit #4 to this staff report. Both signs are reverse channel letter (halo lit) signs that are illuminated to a level of approximately 850 lumens and 750 lumens respectively. A maximum illumination of 4000 lumens is permitted by City Code. History - This building formerly housed the Northern Trust Bank and law offices. In September of 2003, through Resolution No. 2003-57, the City Commission granted sign variance approval for two wall signs, measuring 35 square feet each, on the west and north elevation of the building. The signs proposed by this application are in the same location as previously approved and are slightly smaller in total square footage. A total sign area of 70 square feet overall was approved in 2003 where 64.7 square feet is proposed by this application. Citizen Comments — As of the date of writing of this report, the Community Development Department has received no verbal or written citizen comments ANALYSIS The building has 200 feet of frontage of NE 29 Avenue and 140 feet of frontage of NE 190 Street. There are entrances on NE 29 Avenue and NE 190 Street. As a corner location, the City Code allows one primary wall sign at a maximum size of 1 square foot for each lineal foot of building frontage, in this case, 200 square feet, and one secondary wall sign at 50% of the size of the primary sign, or 100 square feet. The north elevation of the building, facing NE 190 Street, is approximately 200 feet in distance from residentially zoned property to the north. 191 The applicant has obtained a sign permit and erected a 36.9 square foot wall sign on the west elevation of the building, facing NE 29 Avenue. This is the primary wall sign and it complies with the criteria of the City Code. The applicant wishes to obtain a permit for a secondary wall sign, facing NE 190 Street. The west elevation, where the second wall sign is proposed, is approximately 200 feet from the residential development to the north. The City Code does not permit wall signs within 300 feet of a residentially zoned property. The City Code does permit a second wall sign for corner locations; however, this second wall sign is limited to 50% of the size of the primary wall sign. In this case, the primary wall sign is 36.9 square feet; therefore, the second wall sign maximum is 18.45 square feet. A sign area of 27.8 square feet is proposed. Sign variance approval is required for the distance to a residentially zoned property and for the size of the second wall sign. CRITERIA FOR SIGN VARIANCE APPROVAL The criteria for approval of sign variances are set out in Section 31-191(m)(8) of the City of Aventura Land Development Regulations, as follows: "The Sign Variance maintains the basic intent and purpose of these regulations, particularly as it affects the stability and appearance of the City and provided that the variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship to the land is required." The basic intent and purpose of the sign regulations is to allow signage that is effective in indexing the environment, serves as an index to needed goods and services, enhances the physical appearance of the City, promotes traffic safety while preventing visual distraction and is compatible with its surroundings. The total square footage of signage requested, at 64.7 square feet, is substantially less than the square footage of 300 square feet that would be allowed by City Code for two wall signs on the building. The proposed illumination level is very low, at a maximum of 850 lumens, to prevent any disturbance to the neighboring residential development. The requested sign will effectively index the environment, will preserve the physical appearance of the City and will prevent visual distraction while providing direction and visibility. CI LETTER OF INTENT IN SUPPORT OF REQUEST FOR VARUNCE com?"Tum-ry r2c= -Vr P �Vf HFYOP W111"R This letter of intent is in support of the request for a sign variance so that Cardone Capital, an I I " affiliated company to Cardone Training Technologies, Inc., will be granted the per.rnit-for-a----] commercial sign that faces a residential neighborhood, Cardona e Capital shares a space wiardone Training Technologies, Inc., and the sign assists our customers by making the building visible for Cardone Capital clients. The sign does face approximately 17 units in the Camden rental community, However, the community also faces commercial signs from other retailers and businesses on the same south side, as well as the North and West side. As stated above, those residential, units that face CTTI also face other commercial buildings with commercial signage behind us and on a diagonal level, Please not that the sign is actually replacing a sign that used to be there when this building was home to Northern Trust Bank. I The full legal description is: MARINA DEL REY REVISED P13 144-89 T- 183 85 TR P LOT SIZE 1.51 AC MIL F/A1U 30- 2203-051-0050 F/A/1J 30-2203-052-0050 OR 19749-3232 06012 (2) Thank you kindly for your considerah 004CLI 11AIS -�4 01� BROWARD COUNTY DADE COUNTY IVES MIAMI GARDENS DR. �/ 1 a 1 Guljstream ■� lark �. YACH L B DR. ■ MARINA ■ Arenraru O OVE HARBOR C CIRCLE ' Hu.grita! WAY ■ & enteJu! m� Q tJ1P tNERWAY : w a The N Promenade Shops 203 ST. 1 201 TER. N 0 co AVENTURA Fire U }� Rescue Aventura Station Library Z O U Aventura Mall City of Aventura Government Center 192 ST. Waterways COUNTRY CLUB DR. O � YLrnberryIsle Resort do Club /1 / f1 YACHT 91 ST. 190 M,(STIC • Laehmann's • • Fashion ui • Im Island a Subject Site • • A N • 33180 183 ST. Dur4oundling ; Bay • Little Z F7 Williams • Maule m Sound ; 80 ST. Lake N a i OP o i Maule LAke • t UUNU r' Atlantic Ocean Roadways ■ - - - • City Boundary • — • — ZIP Code Boundary ....... Railroad Exhibit 2 SV2003-0001 Sign 1 - NE 29th Ave (EXISTING) °n ardone Enterprise Store front is 200' 18909 NE29th - .090 Aluminum Faces; .063/ 3" deep welded returns - 3/16" Clear Poly -backs with Riv-Nuts & 1/4" x 6" Aluminum Threaded Rods -WHITE LED Illumination -Black Painted Letters APROX LUMENS 850 sited Channel Letters TOTAL SQFr 36.9 SQFT FASTSi11faN.S I D a v I e 7080 W. SR 84 V, Davie, FL 33317 T.,954-370-7201 508@fastsigns.com o Copyright 2013 Al designs and drawbngs are the sole property of Fastsigns i Davie, and may not be reproduced, published, ringed or used in airy way without writtrn per.. am and consent. In addition, all Ideas, contents of proposals, and ali span adorn of any PMect entered Into with Fasttlgns i Davie are all rights reserved. Fastslgns I Davit hereby nr It in all i eatirguis lets payment of grn. Contrac Donato G ices John Canj )841 CBC #0571 EC # 13001 — - r- — Architec41 O O �+ O XC4 w> U) Notes: By signing bebw, 1 confirm I hoe wmwed this prod corefiAly, found it to be correct, ow approve this P-iod ,rdomer Signature Date PG. (1) of (5) 18909 NE29th Ave, Aventura, FL 33180 Letters FASTSIMSIDavle ""thmilmMmdontilre 7080 W. SR 84 #7, Davie, FL 33317 T. 954-370-7201 508@fastsigns.com Ocopyft R=3 Ali designs and drawho are she sole prop"of Fastsigns I DrA%and troy root be reproduced, published charged or used in rW way without written permission and consent In addition, all ideas, contents ofpropossls, and all specifications of any project entered Into with Fausigns j Davie are all rights reserved Fastsigns I Davie hereby retains a security Interest In all siysage herein, which is extinguished upon full and complete payment loll invoices for these signs. Contractor: Donato Construction Services John Campbell 1954-294-0941 CBC #057224 EC #13003452 Architect/Engineer Notes: Dv signing below, i confirm f have reviewed Ifus proof carefully, found it to be correct, and approve this project Customer signature Date PG. (2) of (5) Sign 2 - NE 190th Street (PROPOSED) 200" TOTALSQFT 27.8 SQFT FASMIGRfS ( Davie tio�. aw, r.e. srea e�. rt� 7080 W. SR 84 V, Davie, FL 33317 M 954-370-7201 508@Eastsigns.com oCavr101I3AN desWm and drawings am the tole prop" of • (� 20" Car one atal Fasulgnt l Davle, and may not be reproduced pubnshed, changed In an ten al and consent In addition, pliautw roposaK an pamhslon oofway %a%csed an ideascements o awp-ojeand an speclflratlpe carry Pmkc< en0ered into with Fa"sigm I Davie are all row reserved Fasuigns l Davie hereby retains a sectary interest in all signage herein, which is - .090 Aluminum Faces; .063/ 3" deep welded returns extinguished upon fulland - 3/16" Clear Poly -backs with Riv-Nuts & 1/4" x 6" Aluminum Threaded Rods sigcomplete these payment or an inroicrs far these signs. Contractor. -WHITE LED Illumination Donato Construction Services -Black Painted Letters John Campbell1954-2%-0841 APROX LUMENS 750 CBC #057224 EC#13003452 Store front is 140' Cardone Ca IUI aw_Z + 6 E Architect/Engineer Notes: By signing below, I confirm I ha rewwwa i ihis proof carefully, found a to be correct, and opprove this project 1 a a MINNa a ■ ■ ACCORDANCE WITH ART CLE 600 OF LOTHIOS INCLUDES PROPER GROUTHERAPPLICA NDING AND BONDING OF SIGN(S). SIGN WILL BEAR UL LABEUS1. PG.of contractors roc. FL 33180 Reverse Lit individually mounted Channel Letters FASTSIS NS I D a v l e 7080 W. SR 84 #7, Davie, FL 33317 T:954-370-7201 508@fastsigns.com C Copy No 2013 AN designs and drawings we the sole properly of Fastsigns I Daft and may not be reproduced, publbhed, d-Ved or used in any way without written permission and consent. In addition, all Ideas, contents of proposals, and all spedlicadons of any Psoka entered Into with Fastslgrn I Davie are all fights reserved. Fastslgns I Davie hereby reta6ts a security interest in all sgnape hweK which is ectinguished upon fug and complete payment of as invokes for these sgm. Contractor: Donato Construction Services John Campbell 1 954-294-0841 CBC #057224 AC #13003452 ineer Notes: By signing belva, I confirm I have reviewed this proof mrehdly, found a to be coned, and oPP ove Mrs project !'-.sstorrier Signaiwe Date PG. (4) of (5) THE NEC 25 ELECTRIIC CODE ARTICLE 250, MMU 600 AND 725 REQUIRE T NON -CURRENT NG E PARTS ALUMINUM ANGLE TO ATTACH BACK TO RETURNS EYING THE META OF SECTION S@ GROUNDED. NOD. THIS NUDES LOW VOLTAM ORCUFTS OF LED ILLUMUTED SM FABRICATED ALUMINUM RETURNS (UL48) MAKE SURETO READ AND UNDERSTAND THESE SECTKX6 PRIOR TO INSTALLATION. FASTENERS APPROPRIATE TO WALL MATERIALS (VERIFY LOCAL CODE REQUIREMENTS) WALL CONSTRUCTION ENCLOSURE RATED MATERIALS AND THICKNESS VARIES PRIMARY ELECTRIC LINE NEC 600 S POLYCARBONATE BACK TO PANEL BOX SEAL ALL BUILDING PENETRATIONS (U.4 ) ALUMINUM LETTER FAC SPLICE CONNECTORS 14 GROUNDING WIRE LISTED DISCONNECT SWITCH NOT WITTING SIGHT OF THE SIGN (MUST 0E LOCKABLE IN OPEN POSITION - NEC 600 6) REQUIRED FOR ALL REMOTE LED ILLUMINATION— POWER SUPPLY MRED CHANNEL LETTERS ENCLOSURE 'Fi' FC TO ENCLOSURE GROUNDING LUG (PAINT GREEN) BRANCH CIRCUIT CONDUCTORS SECURED TO WALL MTH STRAPS 1(4' DRAIN HOLES (NEC 600 9) � � �` � _^ CONDUIT LOCKNUT (NEC 600 7) 4 U WEATHERPROOF LISTED DISCONNECT S TCH CLASS 2 POWER SUPPLY May be requwed by Ical codes or Fire Dept (NEC 6006(A)(1) GROUNI)MG,ARRE (AW 14) FROM TERMINAL LUG (PAINT GREEN) TO ENCLOSURE(NEC 600 7(D) CONDUIT NOT REQUIRED IF (PLTC) POWER LIMITED SIRE IS USED ANCHOR SCHEDULE t.: q I D av€e r0 SR 64 07, Oavl, FL 3331 IR 370.3201 508@fasWgns.com aAPPLICANT REPRESENTATIVE AFFIDAVI Architects, Engineers, Lobbyists, Sign Consultant 1-m I MFUS wo 1-7 000 Ijl� Ili 111 I. w NotaryPublic State of Florida Melissa Harless } r 0 Expires .. I APPLICANT REPRESENTATIVE AFFIDAVIT I wrrNESS MY HAND THIS -'A DAY 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 Afflant hereby discloses that: (mark with 'x applicable portions only) 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. im 2. Affiant hereby discloses that it doeLhave a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as foliow& (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: I. Member of City Commission or Board holds an ownership interest in excess of 11% of total assets or capital stock of Applicant or Representative; ii, Member of City Commission or Board is a partner, co -shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; iv. A City Commissioner or Board member is a Client of the Applicant or Representative; {IV The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of them ber 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 th business of the Applicant or Representative in a given calendar year. WITNESS M� i DAY OF Aaxz -LL DAY OF 0 =� i "Client " "Customer, ' 'Applicant, ' 'Representative' and "Intelested Person" are defined in R, -Tode WITNESS MY HAND THIS DAY OF RE IV , Listed on Business Relationship Affidavit) By:' --�Sqnature) q Itj By:--._ (Signature Name: Co e�y Jared Bann#qn Name:--- (Print) Title: —ttorne (Pont) Title: (Print) By:— (Signature By: (Signature Name:_- ert Reyes (Print) Name: (Print) Title:§igi 'Consultant ---(Print) Title (print) By:— lid dss— (Signature) 506PO)o By: (Signature Name: -_(Ptint) T 6-6� & —Vt_ Name: —(Print) I t I e: (Pi in r) Title:_- - (Print) By --(S (.Sig By:--,----- (Signature Title:-- __(Print) Title: (Print) By:- (Signature) Title: —(Print) Title: (Print) By (Signature) Title: (Print) Title: (Print) ffmiiilffl� Title: (Print) Tide:_-_ _-___(Piint) By:,-- (Signature Title:- (Print) Title:__ _ __ ________(Fr0t) By: —(Signature Title:__ _,_ __— ____(Print) Title:— -__ (Print) 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to See. 31-71(b)(2)(iv)of the City's Land Development Regulations in the City Code, in the event that prior to consideration ®f the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete, ?nj � WAYE OF FLGIft! C ) comm MIL m .. ... p� man dd swear «, .hWm *«- Printed Nam of My ° l ! $ WJM OF ! > A of Fbift At LMM P*"Nwftdmdwy STATE OF FLORIDA COUNTY OF MIAMI-DADE) Before me, the undersit;ned authority, perswdy appeared the Athens, who being first by me duly sworn, did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and cZw—ect SWORN TO AND SUB11% R I BE Q, VP- tl P-r 511A I t5 NOTARY PUBLIC -STATE OF FLORIDA COMO GG059&U EAOrn 1/4/2021 STATE OF FLORG& COUNTY OF MIAMDADS) Before me, the undersigned au", personally appeared The Affiant who being first by .du sworn, did swear or-ailkm that he"i executed Ws Affidatnt for the purposes stated therein and that it is true and corred. STATE OF FLORIGA COUNTY OF MIAMI-DADE) .......... Before me, the undersigned authority, personally appeared _ SWORN TO AND SUBSCRIBED before rw this -- - day of _ 200_ AFFIANT Printed Name of Notary !L com""M ewhvs:�M�� AFFIANT Printed No of Notary myWWASimmow— RESOLUTION NO. 2020- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A VARIANCE FROM SECTION 31-1910)(2)b. OF THE CITY CODE FOR A SECONDARY WALL SIGN AT 18909 NE 29 AVENUE, CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Applicant, Courtney Jared Bannan Esq., on behalf of 10X HQ LLC, through Application No. SV2003-001, has requested a sign variance to permit a secondary wall sign measuring 27.8 square feet on the north elevation of the one-story building at 18909 NE 29 Avenue, where a secondary wall sign measuring 18.45 square feet is permitted by Code, and to permit a wall sign within 300 feet of a residentially zoned property, where wall signs within that distance are not permitted by Code; and �I WHEREAS, the property described herein is zoned TC1, Town Center District; WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the application for sign variance for a 27.8 square foot secondary sign located within 300 feet of a residentially zoned district meets the criteria of the applicable codes and ordinances to the extent the application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. SV2003-001 for Sign Variance to permit 27.8 square foot secondary wall sign on the north elevation of the one-story building on property legally described as Tract P of Marina Del Rey Revised, according to the plat thereof recorded in Plat Book 144, Page 89, of the Public Records of Miami -Dade County, Florida, with municipal address of 18909 NE 29 Avenue, is hereby granted exclusively to the applicant, with the following conditions: 1. That the sign submitted for permitting comply with the drawings submitted with this application, those being: • "Contractors Inc., 18909 NE 29 Avenue, Aventura, FL, 33180", Sign 1 — NE 29 Ave (Existing), Page 1 of 5, prepared by FastSigns. • "Contractors Inc., 18909 NE 29 Avenue, Aventura, FL, 33180", Sign #1 Location Plan, Page 2 of 5, prepared by FastSigns. City of Aventura Resolution No. 2020- • "Contractors Inc., 18909 NE 29 Avenue, Aventura, FL, 33180", Sign 2 — NE 190" Street (Proposed), Page 3 of 5, prepared by FastSigns. • "Contractors Inc., 18909 NE 29 Avenue, Aventura, FL, 33180", Sign #2 Location, Page 4 of 5, prepared by FastSigns. • "Contractors Inc., 18909 NE 29 Avenue, Aventura, FL, 33180", Sign Details, Page 5 of 5, prepared by FastSigns. 2. The applicant shall obtain a sign permit within twelve (12) months of the date of the approving resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman Page 2 of 3 City of Aventura Resolution No. 2020- PASSED AND ADOPTED this 91" day of June, 2020. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of , 2020. City Clerk Page 3 of 3 CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Brian K. Raducci, Assistant City Manager — Finance and Administration DATE: May 1, 2020 SUBJECT: Ordinance Amending 2019/20 Charter School Fund (ACES) Budget 11t Reading May 5, 2020 City Commission Meeting Agenda Item 8A 2"1 Reading June 9, 2020 City Commission Meeting Agenda Item 8A RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance amending the 2019/20 Charter School Fund (ACES) Budget. The total amount of the amendment is $199,248. BACKGROUND The attached document (Exhibit A) has been prepared to recognize unanticipated revenues and related expenditures as follows: • $27,523 is associated with a Title IV Student Support and Academic Enrichment Federal grant that is passed through the Florida Department of Education. The grant is intended to improve students' academic achievement by: o increasing the capacity of State Educational Agencies (SEAs), Local Educational Agencies (LEAs) and local communities to provide all students with access to a well-rounded education o improving school conditions for student learning o improving the use of technology to improve the academic achievement and digital literacy of all students The related operating expenditure accounts have been increased for a corresponding total of $27,523. • $32,000 (estimate) in funds for the School Resource Officer Allocation that was made available in the wake of the tragic shooting at Marjory Stoneman Douglas High School. The Florida Legislature passed and Governor Rick Scott signed SB 7026, the Marjory Stoneman Douglas High School Public Safety Act which 0 outlined significant reforms to make Florida schools safer. The related expenditure account for a portion of the School Resource Officer's cost will be reflected under Operation of Plant — Other Support Personnel in the amount of $32,000. • $139,725 associated with the State of Florida's Best and Brightest Teacher Scholarship Program which rewards classroom teachers who have been evaluated as highly effective and who have earned college entrance scores on the SAT or ACT at or above the 80t" percentile. The related Bonus expenditure accounts have been increased for a total of $139,725. If you should have any questions related to this memorandum, please feel free to contact the City Manager. BKR/bkr ORDINANCE NO. 2020- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2019-08, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2019/2020 (JULY 1 — JUNE 30) BY REVISING THE 2019/2020 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the Aventura City of Excellence School and upon the recommendations of the City Manager (and the concurrence of the Assistant City Manager — Finance and Administration as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 2019/2020 Operating and Capital Budget of the Aventura City of Excellence School as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. The City Commission hereby authorizes the amendment of Ordinance No. 2019-08, which Ordinance adopted a budget for the 2019/2020 fiscal year for the Aventura City of Excellence School by revising the 2019/2020 budget as set forth on the attached Exhibit "A", which exhibit is deemed incorporated by reference as though set forth in full herein. City of Aventura Ordinance No. 2020- Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Narotsky, who moved its adoption on first reading. This motion was seconded by Commissioner Shelley, and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Commissioner Howard Weinberg Yes Vice Mayor Gladys Mezrahi Yes Mayor Enid Weisman Yes The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman Page 2 of 3 City of Aventura Ordinance No. 2020- PASSED on first reading this 5t" day of May, 2020. PASSED AND ADOPTED on second reading this 91" day of June, 2020. ATTEST: ELLISA L. HORVATH, MMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY ENID WEISMAN, MAYOR Page 3 of 3 Exhibit A FY 2019120 Budget Amendments CHARTER SCHOOL FUND (190) SCHOOL 2019/20 2019/20 2019/20 OBJECT REV/OBJ ADOPTED AMENDED REVISED CODE CODE CATEGORY/DESCRIPTION BUDGET AMOUNT BUDGET Revenues State Shared Revenues: 3316000 3340 FDOE Student Support & Acad Enrich Grant 3359100 3310 Florida Education Finance Program (FEFP) School Resource Officer Allocation 3359301 3363 Best & Brightest Subtotal Total Amendments - Revenues Expenditures 190-6001-569 - K-3 Basic 5101 Personnel Services 1502 291 Bonuses Subtotal Operating Expenditures 5411 520 Textbooks Subtotal Total K-3 Basic 5101 190-6002-569 - 4-8 Basic 5102 Personnel Services 1502 291 Bonuses Subtotal Operating Expenditures 4001 330 5290 590 5411 520 5901 791 Travel/Conferences/Training Other Mat'I & Supply Textbooks Athletic Activities Subtotal Total 4-8 Basic 5102 190-6003-569 - Exceptional Student Program 525C Personnel Services 1502 291 Bonuses Subtotal Operatina Expenditures 4001 330 Travel/Conferences/Training Subtotal Total ESP 5250 190-6004-569 - Substitute Teachers 5901 Personnel Services 1502 291 Bonuses Total Substitute Teachers 5901 27,523 $ 27,523 7,440,000 32,000 7,472,000 - 139,725 139,725 $ 7,440,000 $ 199,248 $ 7,639,248 $ 199,248 $ 48,000 $ 51,232 $ 99,232 $ 48,000 $ 51,232 $ 99,232 $ 70,000 $ 2,112 $ 72,112 $ 70,000 $ 2,112 $ 72,112 $ 118,000 $ 53,344 $ 171,344 $ 60,000 $ 72,192 $ 132,192 $ 60,000 $ 72,192 $ 132,192 $ 7,000 $ 6,500 $ 13,500 60,000 4,000 64,000 95,000 10,935 105,935 18,000 3,217 21,217 $ 180,000 $ 24,652 $ 204,652 $ 240,000 $ 96,844 $ 336,844 $ 5,000 $ 6,986 $ 11,986 $ 5,000 $ 6,986 $ 11,986 $ 1,000 $ 759 $ 1,759 $ 1,000 $ 759 $ 1,759 $ 6,000 $ 7,745 $ 13,745 $ 500 $ 4,657 $ 5,157 $ 500 $ 4,657 $ 5,157 190-6006-569 - School Administration 730C Personnel Services 1502 291 Bonuses $ 6,500 $ 4,658 $ 11,158 Total School Administration 7300 $ 6,500 $ 4,658 $ 11,158 190-6008-569 - Operation of Plant 7900 Personnel Services 1260 160 Other Support Personnel Total Operation of Plant 7900 Total Amendments - Expenditures $ 31,410 $ 32,000 $ 63,410 $ 31,410 $ 32,000 $ 63,410 $ 199,248 CITY OF "ENTURA PUBLIC WORKS/TRANSPORTATION DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J Wasson, City Manager BY: Joseph S Kroll, Public Works/Transportation Director DATE: May 1, 2020 SUBJECT: Ordinance to Amend City Code Article 1 "In General" Creating Section 42-1 Construction in Public Rights -of -Way 11t Reading May 5, 2020 City Commission Meeting Agenda Item 8B 2"1 Reading June 9, 2020 City Commission Meeting Agenda Item 8B Recommendation: It is recommended that the City Commission adopt the attached Ordinance approving the City Code amending Article 1 "in general" creating section 42-1 construction in Public Rights -of Way. Background: The Request for the Amendment to the City Code will allow the Public Works/Transportation Department to enforce all work that is being done in the city's rights of way by contractors to restore the area as originally found after work is completed. With much new construction being performed and permitted within the public rights of way this ordinance will ensure that these areas will be returned to the City of Aventura standards. The city budgets and maintains its rights of ways to Aventura standards and this ordinance will keep it that way. Staff recommends approval of amending Article 1 Section 42-1. JSK/gf Attachments: Exhibit "A" Ordinance ORDINANCE NO. 2020- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 42 "STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES," OF THE CITY CODE BY AMENDING ARTICLE 1 "IN GENERAL," CREATING SECTION 42-1 "CONSTRUCTION OF PUBLIC UTILITIES OR WORKS IN PUBLIC RIGHTS -OF -WAY; CONSTRUCTION OF PAVING AND DRAINAGE ON PRIVATE PROPERTY — PERMIT REQUIRED; EFFECT OF INSTALLATION OF CITY UTILITY; EXEMPTION"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, construction or public work within an existing right-of-way commonly involves the destruction and loss of use of roads, sidewalks, curbs and gutters, thereby disrupting the day-to-day life of our residents, including adjacent private property owners; and WHEREAS, construction and public work within the right-of-way also commonly involves cutting pavement, which may degrade the pavement structure, such as making pavement rougher and creating discontinuities in the pavement structure; and WHEREAS, when pavement on roads, sidewalks, curbs, and gutters is replaced with material different than the original pavement, what typically results are disjointed right-of-way projects that look sloppy to residents and visitors; and WHEREAS, replacing cut pavement of one material with a different material also lessens the durability of City right-of-ways; and WHEREAS, less durable right-of-ways lead to increased replacement and repairs, which cause more inconvenience and increased safety hazards for our residents and visitors; and WHEREAS, the City desires to require any person, corporation, partnership, association, City department, or other legal entity performing any construction or public work within an existing right-of-way to restore the right-of-way, including sidewalks, curbs, gutters, and landscaping to their preexisting conditions; and City of Aventura Ordinance No. 2020- WHEREAS, the City desires to also require that pavement in the right-of-way removed, damaged, or destroyed during construction or public work, be replaced with the same type of material as that which existed before the construction or public work was started; and WHEREAS, this Ordinance shall not impair or affect any rights of Florida Power & Light (FPL) pursuant to the City/FPL electric utility Franchise; and WHEREAS, the City Commission finds that this Ordinance is in the best interest of the City and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Incorporated. That each of the above -stated recitals are hereby adopted and confirmed. Section 2. City Code Amended. That Article 1 " In General " of Chapter 42 "Streets, Sidewalks, and Other Places" of the City Code is hereby amended by creating Section 42-1 "Construction of public utilities or works in public rights -of -way; construction of paving and drainage on private property — Permit required; effect of installation of City facility; exemption" to read, as follows: Chapter 42 — STREETS, SIDEWALKS, AND OTHER PLACES ARTICLE 1 — IN GENERAL Sec. 42-1. - Construction of public utilities or works in public rights -of -way; construction of paving and drainage on private property — Permit required; effect of installation of City facility; exemption. The term "right-of-way" or "rights -of -way" shall be construed throughout this Section to include, but not be limited to, all proposed dedications of public rights -of -way set forth l l Additions to existing City Code text are indicated by underline; deletions from existing City Code text are indicated by stFikethFeUgh. Page 2 of 6 City of Aventura Ordinance No. 2020- on official grading and drainage plans required to accompany approved and valid tentative plats, as well as all existing or dedicated rights -of -way. (a) It shall be unlawful for any person, corporation, partnership, association or other legal entity to construct utilities or other public works, except mailboxes in road and street right-of-way and easements in the City, without first having obtained a permit from the Public Works and Transportation Department. All said construction work in said right-of-way shall conform to uniform standards established by the official manual of public works construction. It shall also be unlawful for any person, corporation, partnership, association or other legal entity to construct paving or drainage on private property for areas used for vehicle driveways or parking in the City, without first having obtained a permit from the Public Works and Transportation Department. If the Director of the Public Works and Transportation Department determines that the permittee is not performing the construction in accordance with the conditions of the permit or the approved plans upon which the permit was issued or in conformance with the uniform standards established by the official manual of public works construction, the Director may order suspension of the permit or the stopping of work until such time as the permittee has complied with the permit, plans, or standards. In such case, the permittee shall take all necessary precautions to leave the work area in a safe and secure condition. ii. The Director may withhold the issuance of public works permits to a contractor if that contractor has previously been issued a citation regarding work that requires a public works permit as listed in Chapter 8CC of the Code of Miami -Dade County or Article V of Chapter 2 of the City Code, and the citation is still outstanding forty-five (45) days after the date the citation was issued. In the event of any future widening, repairs, installation, construction, or reconstruction, by or for the City, of any road, bridge, canal, culvert, traffic signal, streetlight, water distribution system, sewage collection system, storm drainage system, or any other City facility within the public right-of-way in which the permittee or owner has constructed any utility, said permittee or owner shall move or remove such utility as may be required for the public convenience as and whenever specified by the Director and at the permittee's own expense. (c) Permits for the installation of liquefied petroleum gas in easements will be issued by the Miami -Dade County Fire Safety Bureau rather than the City Public Works and Transportation Department. The United States, federal agencies and their contractors, in the execution of federal projects authorized by Congress, are exempted from the provisions of this Section. (e) Whenever any person, corporation, partnership, association. City Department or other legal entity performs any construction or public work within an existing right- of-way located within the City, the right-of-way, including sidewalks, curbs and putters, and landscaping must be restored to their legally permissible preexisting Page 3 of 6 City of Aventura Ordinance No. 2020- condition, including any aesthetic enhancements thereto and any adjacent private property damaged during construction, within: i. Thirty (30) days of completion of the construction or public work in that right of way or within thirty (30) days of damage to the affected property or area, whichever occurs first: or ii. Fifteen (15) days of completion of the construction or public work in the right-of-way or within 15 days of damage to the affected area, whichever occurs first, if such right-of-way is located within the Rapid Transit Zone as identified in chapter 33C or within an urban center or urban area district as identified in chapter 33, if applicable within the City. Prior to the time such construction work begins, the contractor, by posting the construction site, shall inform the local community of the requirement imposed upon the contractor to restore the right-of-way as well as any affected adjacent Private property and the fines that could be imposed for each failure to do so. In restoring the roads, sidewalks, curbs, and putters in the right-of-way as required by this Section, the person, corporation, partnership, association. City department, or other legal entity that performed the construction or public work shall replace the removed, destroyed, or damaged roads, sidewalks, curbs, and putters in the right-of-way with the same material as that which existed before the construction or public work was started. Nothing herein prohibits the use of improved or upgraded materials for the restoration of roads, sidewalks, curbs, and putters in the existing right of -way located within the City. Lq) All work to be done pursuant to this Section shall be performed in compliance with the Public Works Manual. Any entity failing to restore the right-of-way to its preexisting condition or better within the time permitted shall be subject to a civil fine of five hundred dollars ($500.00) per violation per day until such time as the right-of-way is restored, as well as five hundred dollars ($500.00) per day for each affected adjacent private property until it is restored Secs. 42. 1 42.-2 — 42-30. — Reserved. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. 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 Ordinance may be re - Page 4 of 6 City of Aventura Ordinance No. 2020- numbered or re -lettered to accomplish such intention; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Weinberg, who moved its adoption on first reading. This motion was seconded by Commissioner Landman and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Commissioner Howard Weinberg Yes Vice Mayor Gladys Mezrahi Yes Mayor Enid Weisman Yes The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman PASSED on first reading this 5t" day of May, 2020. PASSED AND ADOPTED on second reading this 9t" day of June, 2020. Page 5 of 6 City of Aventura Ordinance No. 2020- ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 6 of 6 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission/Governing Board FROM: Ronald J. Wasson, City Manager BY: David McKnight, Principal, Don Soffer Aventura High School Jonmark Williams, Sr. Financial Analyst, Charter Schools USA DATE: May 8, 2020 SUBJECT: Ordinance Amending 2019/2020 Don Soffer Aventura High School Fund ("DSAHS") Budget 11t Reading May 14, 2020 Special City Commission Meeting Agenda Item 7 2"1 Reading June 9, 2020 City Commission Meeting Agenda Item 8C RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance amending the 2019/2020 Don Soffer Aventura High School Fund ("DSAHS") Budget. The total amount of the budget amendment is $436,446 as outlined below. BACKGROUND As we quickly approach the end of DSAHS' first year of operations, it is necessary to formally amend the 2019/2020 budget to ensure that the "final" adopted budget contains sufficient appropriations to satisfy all of the actual expenditures. As a result, the attached document has been prepared by Charter Schools USA ("CSUSA") in collaboration with City staff to project the final year-end revenues and expenditures to ensure that any revenue overages and shortfalls and expenditure overruns and savings are properly identified and adjusted where necessary. This "clean up" amendment process is a normal part of our year-end fiscal operations and is largely impacted by the fact that this is DSAHS' first year of operations as well as the economic uncertainty that has been created by the global pandemic crises ("COVI D-1 9"). Since the detailed budget, accounting and general ledger are maintained by CSUSA, all revenues and expenditures will be reviewed and analyzed on a categorical basis and adjusted in the aggregate. The explanations provided are not designed to be all inclusive, but rather provide a framework for the necessary adjustments. Listed below is a summary of the DSAHS 2019/2020 amendments, the underlying circumstances that support each recommendation and the supporting schedule — "Exhibit A". 0 REVENUE: $436,446 projected net unfavorable variance Operating Revenue: $79,598 projected net favorable variance FTE — $54,570 favorable variance due to greater student enrollment, a higher FEFP per student funding rate than originally budgeted as well as the receipt of Safe Schools Funding. NSLP Revenue/Food Services — $11,351 net favorable variance due to greater student participation in the school lunch program which will be used to offset additional related Contracted Food Services costs. Other Revenue Sources — $13,677 net favorable variance including Capital Outlay, E- Rate Program, FL Teacher Lead Program and School Recognition. Other Operating Revenue: ($400,000) projected unfavorable variance Granite Aventura LLC - Donation — as discussed during the April 23, 2020 Commission meeting, the 2nd payment pertaining to this donation has not yet been received. Due to the economic uncertainty resulting from COVID-19, it is highly unlikely that these funds will be fully realized in the near future. As a result, this shortfall will need to be covered through an advance from the City's General Fund. Other Non -Revenue: City Subsidy — Advance from the City's General Fund An unfavorable increase of $756,848 as outlined below: • $400,000 will need to be advanced from the City's General Fund due to the donation shortfall referenced above. • In addition, $356,848 will need be advanced from the City's General Fund as it pertains to the difference of the net favorable operating revenue ($79,598) and the net unfavorable expenditure variance ($436,446) as described below: EXPENDITURES: ($436,446) projected net unfavorable variance Operating Expenditures: ($282,971) projected net unfavorable variance Total Compensation — ($109,163) unfavorable variance due to higher than budgeted average salaries to fill roles in areas of critical shortage. In addition, costs for group insurance and benefits exceeded their original budget. Professional Services — ($56,296) projected net unfavorable variance due primarily to: • $13,000 for unanticipated Legal Fees related to resolving Cambridge eligibility requirements. • Nearly $7,000 more for the 5% fee to the County Board than originally anticipated. • $25,000 for an Advertising/Marketing expenditure to support the grand opening, website hosting and online school identity plan that was not considered in the original budget. Vendor Services — ($33,821) projected net unfavorable variance primarily caused by: • the cost of the Contracted Food Service exceeding the original budget due to higher than anticipated student demand. More than $11,000 of this cost will be offset by additional Food Services Revenue. • In addition, a $6,000 allocation will be reflected to cover a small portion of the cost of the School Resource Officer to offset a portion of the Safe Schools Funding. Administrative Expenditures — ($9,046) projected net unfavorable variance resulting from the higher than anticipated cost to equip classrooms and school offices with an initial stock of office supplies. Instructional Expenditures — ($110,703) projected net unfavorable variance primarily resulting from: • $109,000 for the additional cost of Consumable Instructional expenditures pertaining to additional textbooks and specialized instructional programs. • $51,000 for the additional cost of Cambridge Testing Materials that was not originally anticipated. Other Operating Expenditures — $23,753 net favorable variance due to the cost for Telephone and Internet coming in lower than originally budgeted. Fixed Expenditures — $12,305 net favorable variance due to the school contracting for only one (1) copy machine instead of the two (2) that were budgeted. Capital Expenditures: ($153,475) net unfavorable variance The 2019/2020 adopted budget included $250,000 in revenue and expenditures pertaining to the Florida Department of Education's Public Charter School Program ("CSP") Planning, Program Design & Implementation Grant. Due to the timing of when the grant application was finally approved (after the School opened) and when the actual purchase for student textbooks and instructional licenses took place (before School opened), most of these items were deemed ineligible for grant purposes. As a result, additional grant expenditures including greater student consumables and capital outlay to furnish art supplies, science lab supplies and computer hardware that were not considered in the original budget need to be made in order to fully utilize the grant. If you should have any questions related to this memorandum, please feel free to contact the City Manager. Respectfully submitted, David McKnight Jonmark Williams Principal, Don Soffer Aventura High School Sr. Financial Analyst, CSUSA N ORDINANCE NO. 2020- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2019-09, WHICH ORDINANCE ADOPTED THE DON SOFFER AVENTURA HIGH SCHOOL BUDGET FUND 191 FOR FISCAL YEAR 2019/2020 (JULY 1 — JUNE 30) BY REVISING THE 2019/2020 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of Don Soffer Aventura High School and upon the recommendations of the Principal of the Don Soffer Aventura High School, the City Manager (and the concurrence of the Assistant City Manager — Finance and Administration as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 2019/2020 Operating and Capital Budget of the Don Soffer Aventura High School as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. The City Commission hereby authorizes the amendment of Ordinance No. 2019-09, which Ordinance adopted a budget for the 2019/2020 fiscal year for Don Soffer Aventura High School by revising the 2019/2020 budget as set forth on the attached Exhibit "A", which exhibit is deemed incorporated by reference as though set forth in full herein. City of Aventura Ordinance No. 2020- Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Shelley, who moved its adoption on first reading. This motion was seconded by Commissioner Narotsky, and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Gladys Mezrahi Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Howard Weinberg Yes Mayor Enid Weisman Yes The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman Page 2 of 3 City of Aventura Ordinance No. 2020- PASSED on first reading this 14t" day of May, 2020. PASSED AND ADOPTED on second reading this 91" day of June, 2020. ATTEST: ELLISA L. HORVATH, MMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY ENID WEISMAN, MAYOR Page 3 of 3 Don Soffer Aventura High School FY 2019/2020 Budget Amendment Supporting Schedule Total Number of Students Forecasted Average FTE per Student REVENUE: Operating Revenue FTE Capital Outlay NSLP Revenue Food Services Transfers In from the City's General Fund City's Intersection Safety Camera Program Grants Miscellaneous Revenue (includes E-Rate Program) FL Teacher Lead Program School Recognition Subtotal Granite Aventura LLC - Donation Total Operating Revenue Other Non -Revenue City Subsidy * Advance from the City's General Fund Total Revenues Counts towards City Subsidy EXPENDITURES Operating Expenditures Compensation Administrative Staff Instructional Staff Benefits/Other Total Compensation Professional Services Vendor Services Administrative Expenditures Instructional Expenditures Other Operating Expenditures Fixed Expenditures Total Operating Expenditures Capital Expenditures Computers - Hardware Computers - Software Audio Visual Equipment FF&E Total Capital Expenditures Total Unadjusted Operating and Capital Expenditures Unadjusted Revenue over/(under) Expenditures CSUSA Subsidy to offset Professional Services *** Adjusted Revenues over/(under) Expenditures Total Adjusted Operating and Capital Expenditures Exhibit A ADOPTED AMENDED REVISED BUDGET AMOUNT BUDGET 200 3 203 6,789.00 143.00 6,932.00 $ 1,357,800 $ 54,570 $ 1,412,370 116,463 (14,181) 102,282 15,068 (1,061) 14,007 38,590 12,412 51,002 115,000 - 115,000 250,000 - 250,000 20,000 18,038 38,038 - 4,446 4,446 - 5,374 5,374 $ 1,912,921 $ 79,598 $ 1,992,519 400,000 (400,000) - $ 2,312,921 $ (320,402) $ 1,992,519 $ 176,492 $ 756,848 $ 933,340 $ 2,489,413 $ 436,446 $ 2,925,859 $ 433,235 $ 71,394 $ 504,629 840,493 29,827 870,320 234,565 7,942 242,507 $ 1,508,293 $ 109,163 $ 1,617,456 $ 282,550 $ 56,296 $ 338,846 261,329 33,821 295,150 10,310 9,046 19,356 183,450 110,703 294,153 279,121 (23,753) 255,368 29,360 (12,305) 17,055 $ 2,554,413 $ 282,971 $ 2,837,384 $ - $ 127,051 $ 127,051 7,716 7,716 12,242 12,242 6,466 6,466 $ - $ 153,475 $ 153,475 $ 2,554,413 $ 436,446 $ 2,990,859 $ (65,000) $ - $ (65,000) $ 65,000 $ - $ 65,000 $ 2,489,413 $ 436,446 $ 2,925,859 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager BY: Joanne Carr AICP J(Aw Community Development Director DATE: June 5, 2020 SUBJECT: City of Aventura Building Permit Fee Schedule Cost Recovery for Public Safety Radio System Protection Testing June 9, 2020 City Commission Meeting Agenda Item 9 RECOMMENDATION It is recommended that the City Commission approve the attached resolution adding Public Safety Radio System Protection, Pre -testing evaluation fee and Post -installation evaluation fee to the City of Aventura Building Permit Fee Schedule. BACKGROUND Section 14-91 of Chapter 14, Article IV. Building Permits, of the City Code authorizes the City to impose fees for the issuance of building permits and related services of the Community Development Department. The Code provides that such fees shall be set and may be amended from time to time by resolution of the City Commission following a public hearing. The City's original building permit fee schedule was adopted by City Commission in October of 1996. It has been amended in March of 1998 to add a fee for hot water heater replacements; in April of 2000 to increase fees to reflect changes in State and County rules and regulations that had a cost impact on the building inspection process, to include new required reviews and to include new services previously not included in the fee schedule; in November of 2009 for a small increase in permit fees to correspond with the permit fees charged by Miami -Dade County and for provision of an up -front permit fee and in April of 2019 to clarify and correct scrivener's errors. Chapter 31, Article XI, Section 31-242, provides for installation of amplification systems in new buildings that fail to support adequate radio coverage for the City Police Department's radio system or interfere with the City Police Department's interoperability with other public safety communications. The Police Department has advised of a proliferation of amplification systems being installed as a result of a Miami Dade County life safety ordinance that requires installation of these systems in the majority of new buildings and in buildings under renovation for Miami Dade Fire Rescue Department and Miami Dade Police Department radio systems. This has resulted in the need for more frequent and advanced testing for interference with the Aventura Police Department radio systems. In the past, developers have not been charged for the test; however, the more frequent and advanced testing has resulted in increased cost that is recommended to be recovered as part of the building permit. The pre- testing evaluation fee charged to the City by the communications contractor is $255.00 and the post -installation evaluation fee is $425.00. Staff recommends that these two fees be added to the building permit fee schedule to recover costs incurred for the radio coverage evaluation in new buildings, when such evaluation is deemed necessary by the Aventura Police Department. Proposed Addition to Building Permit Fee Schedule: Public Safety Radio System Protection - Pre -testing evaluation fee $255.00 Public Safety Radio System Protection - Post -installation evaluation fee $425.00 The proposed addition to the building permit fee schedule is a cost recovery of the amount paid by the City to the radio system evaluation contractor. This addition will not change any existing permit fees. oil RESOLUTION NO. 2020- A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, AMENDING RESOLUTION 96-38 WHICH ADOPTED A FEE SCHEDULE FOR BUILDING PERMITS AND WHICH RESOLUTION WAS AMENDED BY RESOLUTION NO. 98-28, RESOLUTION NO. 2000-24, RESOLUTION NO. 2009-45 AND RESOLUTION NO. 2019-22; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 14-91 of the City Code, the City Commission is authorized to set a fee schedule for building permit fees; and WHEREAS, the City Commission adopted Resolution No. 96-38 which established the fee schedule for building permit fees; and WHEREAS, the City Commission adopted Resolution No. 98-28, Resolution No. 2000-24, Resolution No. 2009-45 and Resolution No. 2019-22, which provided for amendment to the building permit fee schedule; and WHEREAS, the City Commission has held the required public hearing, duly noticed in accordance with law; and WHEREAS, the City Commission has deemed it necessary to further amend the building permit fee schedule to include cost recovery for public safety radio system protection, pre -testing evaluation and post -installation evaluation in new buildings in the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: City of Aventura Resolution No. 2020- Section 1. That the fee schedule for building permits in the City of Aventura adopted by Resolution No. 96-38, amended by Resolution No. 98-28, Resolution No. 2000- 24, Resolution No. 2009-45 and Resolution No. 2019-22, is hereby amended as set forth in Exhibit "A" attached hereto and incorporated herein. Section 2. That the City Manager is hereby authorized to take all necessary and expedient action to carry out the aims of this Resolution. Section 3. Effective Date. That this Resolution shall be effective immediately upon adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman PASSED AND ADOPTED this 9t" day of June, 2020. Page 2 of 3 City of Aventura Resolution No. 2020- ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of , 2020. City Clerk Page 3 of 3 City of Aventura, Florida Community Development Department Building Permit Fee Schedule Page 1 of 21 BUILDING PERMIT FEE SCHEDULE A. GENERAL INFORMATION ON SPECIAL FEES, REFUNDS, EXTENSIONS AND CANCELLATIONS 1. DOUBLE FEES When work for which a permit is required is commenced prior to the obtaining of a permit, the permit applicant shall be required to pay one hundred dollars ($100.00) plus a double permit fee. The payment of the required fee shall not relieve any person, firm or corporation from fully complying with all of the requirements of all applicable regulations and codes, nor shall it relieve them from being subject to any of the penalties therein. The double fee requirements shall be applicable to all divisions of the Community Development Department. For second offense of doing work without a permit, the permit applicant shall be required to pay twice the double permit fee plus two hundred dollars ($200.00). For each offense thereafter, the permit applicant shall be required to pay twice the double permit fee plus five hundred dollars ($500.00). 2. REINSPECTION FEES When extra inspection trips are necessary due to (1) wrong address being given on call for inspection, (2) prior rejection of work due to faulty construction, (3) work not being ready for inspection at time specified, (4) failure to call for final or other inspections, (5) required corrections not being made or completed at time specified, (6) no access to site (7) partial inspection requested, a fee of seventy-five dollars ($75.00)for each re - inspection shall be charged to the permit holder in the trade concerned. If it is determined by the field inspector concerned, that the job has the same problem after the re -inspection fee is assessed and paid, then a second re -inspection fee of one hundred dollars ($100.00) shall be charged. The payment of re -inspection fees shall be required prior to requesting the next required inspections. 3. LOST AND REVISED PLANS FEE a. LOST PLANS When plans for new buildings and additions are lost by the owner or contractor, a recertification fee will be required to review, stamp and approve a new set of plans as a field copy. Such fee shall be based on thirty percent (30%) of the original building permit fee, with a minimum fee for Group Occupancy R3 (single family residences or duplexes) of seventy-five dollars ($75.00), and a minimum fee for all others of one hundred and thirty dollars ($130.00). Page 2 of 21 b. REVISED PLANS PROCESSING FEE 1. Major plan revision after permit is issued shall be subject to a fee of fifty percent (50%) of the original permit fee up to a maximum of one thousand dollars ($1,000.00). 2. Each time plans are revised for any reason during the processing period they shall be subject to a fee increase of fifty percent (50%) of the original permit fee up to a maximum of one thousand dollars ($1,000.00). Minor plan revision shall be subject to a fee at the rate of twenty eight dollars and seventy five cents ($28.75) per sheet. c. LOST BUILDING PERMIT FEE A replacement fee of thirty dollars ($30.00) shall be charged for the loss of a Building Permit document after a permit has been issued. 4. REFUNDS, TIME LIMITATION, CANCELLATIONS The fees charged pursuant to this schedule, provided the same are for a permit required by the Florida Building Code, may be refunded by the Director of the Community Development Department, subject to the following: a. No refunds shall be made on requests involving: 1) permit fees of one hundred and thirty dollars ($130.00) or less; or 2) permits revoked by the Building Official or Director of Community Development under authority granted by the Florida Building Code, or permits canceled by court order; or conditional permits; or 3) permits which have expired; or 4) permits under which work has commenced as evidenced by any recorded inspection having been made by the Department; or 5) the original permit holder when there is a change of contractor. b. A full refund less one hundred and thirty dollars ($130.00) or fifty percent (50%) of the permit fee, whichever deduction is greater, rounded to the nearest dollar, shall be granted to a permit holder who requests a refund provided that: 1) the Department receives a written request from the permit holder prior to the permit expiration date; and Page 3 of 21 2) the permit holder submits with the written request the applicant's validated copy of said permit; and 3) no work has commenced under such permit as evidenced by any recorded inspection. C. Where there is a change of contractor or qualifier involving a permit, the second permit holder shall pay a fee of one hundred and ten dollars ($110.00). d. A fee of sixty three dollars and twenty five cents ($63.25) shall be paid by the permit holder who submits a written request for a permit extension as authorized by the Florida Building Code. e. Permit renewal 1) within six (6) months of expiration fee will be 50% of original permit fees. 2) after six (6) months of expiration fee will be 100% of original permit fees. Provided that no refund had been made as provided in this Section. 5. SPECIAL PROJECTS a. A fee equal to actual staff time and related costs shall be assessed for special projects requiring research by the department in order to answer questions proposed by developers, attorneys, realtors in connection with the use, re - subdivision, and development of properties, or to determine if any existing violations are on the property through a review of departmental records. Such special fee only will be levied for requests outside the scope of normal Department work. A minimum fee of sixty dollars ($60.00) shall be charged. A fee equal to two dollars ($2.00) per page shall be assessed for pre-programmed computer reports on department records. The minimum fee shall be fifty dollars ($50.00). 6. GENERAL INFORMATION a. Fees required by other regulatory agencies, such as the State of Florida and Miami - Dade County will be added to the final permit. b. Impact fees are assessed on certain building permits, including reapplication on expired permits. 7. FLOOD PLAIN REVIEW a. Flood Plain Plan Review (Residential), per plan $17.25 Page 4 of 21 b. Flood Plain Plan Review ( Commercial), per plan $28.75 B. BUILDING PERMIT FEES Fees listed in section B include only building permit fees and do not include plumbing, electrical or mechanical fees, certificate of occupancy fees, or contractor/tradesmen fees which are listed in the following sections: 1. A fee equal to the greater of 1/z% (0.50%) of the estimated job cost or the minimum permit fee, as stated in the permit fee schedule, shall be collected at the time a permit application is submitted. Such fee collected at the time of permit application shall be credited to the final permit fee. If such permit is not picked by the applicant or representative after the permit reviews have been performed, this fee shall be retained by the City and shall not be refunded. 2. MINIMUM FEES FOR BUILDING PERMIT The minimum fee for all building permits is applicable to all items in $130.00 the section - except as otherwise specified (This minimum does not apply to add on building permits issued as supplementary to current outstanding permits for the same job.) 3. NEW BUILDINGS OR ADDITIONS In addition to the fees set out below, the following cost recovery shall be added to the permit fee for Public Safety Radio System Protection evaluations, when such evaluations are deemed necessary by the Aventura Police Department. Public Safety Radio System Protection - Pre -testing evaluation fee $255.00 Public Safety Radio System Protection - Post -installation evaluation fee $425.00 New Construction Single Family and Duplex per sq ft 0.35 per sq. ft. Prefabricated utility sheds with slab (max 100 sq. ft. of 130.00 floor area) Alterations or repairs to Single Family Residence or Duplex (Group 1) per $1.00 of estimated cost or fractional 0.06 Part Minimum Fee 130.00 Repairs due to fire damage per $1.00 of estimated cost or fractional part (copy construction contract required) 0.07 Minimum Fee 255.00 Storage & Industrial Use of Group S& F occupancies 100 10.50 Page 5 of 21 sq. ft. or fractional part of floor area Shade Houses per 100 sq. ft. or fractional part of floor area 0.40 Greenhouses & buildings for agricultural uses (nonresidential) when located on the remises so used per 100 sq. ft. or fractional part of floor area 6.50 Mobile Home additions - each 100 sq. ft. or fractional part of floor area 7.90 Tents 150.00 All others in Group 3 per 100 sq. ft. or fractional part of floor area 12.00 For structures of unusual size or nature such as arenas, stadiums and water and sewer plants, the fee shall be based on construction cost for each $1,000 of estimated cost or fractional part 6.25 4. NEW CONSTRUCTION OTHER THAN GROUP R3 For each $1,000 of estimated cost or fractional part 10.00 Subsoil preparation for each $1,000 of estimated costs does not include C.O. to occupy property) 6.00 5. ALTERATIONS AND REPAIRS TO BUILDINGS AND OTHER STRUCTURES (EXCEPT GROUP R3) For each $100.00 of estimated cost or fractional part 1.40 Minimum Fee 225.00 6. MOVING BUILDINGS OR OTHER STRUCTURES For each 100 square feet or fractional part thereof (does not include cost of new 10.00 Foundation or repairs to building or structure) 7. ROOFING (Including re -roofing) Roofing shingle and other roof types not listed Per sq. ft. up 30,000 sq. ft. 0.10 Each sq. ft. thereafter 0.06 Roofing Tile Per sq. ft. up to 30,000 0.13 Each sq. ft. thereafter 0.07 8. FENCES AND/OR WALLS Metal each linear foot 1.35 Wood (each linear foot) 0.75 Page 6 of 21 Concrete (each linear foot) 1.35 9. SWIMMING POOLS, SPAS, AND HOT TUBS Each new pool/spa/hot tub 135.00 Repairs 130.00 10. TEMPORARY PLATFORMS AND TEMPORARY BLEACHERS TO BE USED FOR PUBLIC ASSEMBLY or each 100 square feet or fractional part of platform area PF 6.00or each 100 lineal feet or fractional part of seats 5.15 11. DEMOLITION OF STRUCTURES For each structure 170.00 12. STOREFRONT/FIXED GLAZING/CURTAIN WALLS Each 100 sf or fraction thereof 1 10.00 1 13. SHOP DRAWING REVIEW 130.00 14. INSTALLATION OR REPLACEMENT OF WINDOWS OR DOORS First 5 windows and/or doors Minimum Fee Each additional window 10.00 15. SCREEN ENCLOSURES, CANOPIES AND AWNINGS a. SCREEN ENCLOSURES Each 100 square feet or fraction 1 10.00 1 b. FREE STANDING CANOPIES For each $1,000.00 of estimated cost or fractional part 10.00 c. AWNINGS AND CANOPIES Horizontal projection per square feet area covered 0.09 d. SHUTTERS Page 7 of 21 Shutters a to 600 square feet 130.00 Each additional square foot 0.09 16. TRAILER TIE DOWN Trailer: including tie down 130.00 This does not include installation of meter mounts and service equipment. Separate mechanical plumbing and related electrical permits are required. 17. SIGN PERMIT FEES C. PLUMBING PERMIT FEES 1. MINIMUM PLUMBING OR GAS FEE PER PERMIT Except as otherwise specified 130.00 (This minimum does not apply to add on plumbing permits issued as supplementary to current outstanding permits for the same job.) 2. ROUGHING -IN OR PLUGGED OUTLETS Bathtubs, closets, doctors, dentists, and hospital sterilizers, autoclaves, autopsy tables and other fixtures, appurtenances or other appliances having water supply or waste outlet, or both, drinking fountains, fixtures discharging into traps or safe waste pipes, floor drains, laundry tubs, lavatories, showers, sinks, slop sinks, urinals, water heaters For each roughing -in or plugged outlet 9.00 Fixtures set on new roughing -in or plugged outlets or replaced on old roughing in : each fixture 9.00 3. SEPTIC TANKS, SETTLING TANKS, GAS AND OIL INTERCEPTORS, GREASE TRAPS: (Including tank abandonment, drain the and relay for same) 150.00 Installation 4. SEWER Each building storm sewer and each building sewer where connection is made to a 45.00 septic tank, to a collector line or to an existing sewer or to a city sewer or soakage Page 8 of 21 pit or to a building drain outside a building Sewer Capping 45.00 5. CONDENSATE DRAIN (AIR CONDITIONING): Per outlet 18.00 6. WATER PIPING: Water service connection to a municipal or private water supply system (for each meter on each lot) 12.00 Water connection or outlets for appliance or installations not covered by fixture set above 18.00 Irrigation system, and underground sprinkler system for each zone 25.00 Solar water -heater installation, equipment replacement or repair 130.00 Swimming pool piping, not including well (new installation or replacement including service connection 130.00 Sump pump 18.00 2" or less water service backflow assembles 50.00 2 1/z" or larger water service backflow assembles 80.00 Repairs to water piping: for each $1,000 estimated cost or fractional part 50.00 7. WELLS All wells 130.00 8. NATURAL GAS OR A LIQUEFIED PETROLEUM: For each outlet includes meters and regulators) 9.00 For each appliance (does not include warm air heating units, but does include unvented space heaters and vented wall heaters -No duct work) (See Fee section E (3) for heating) 9.00 For each meter (new or replacement) 60.00 For major repairs to gas pipe where no fixture or appliance installation in involved See repairs Underground L.P. Gas Tanks 130.00 Above ground L.P. Gas Tanks 130.00 Change of company - (no additional appliances or outlets) 70.00 9. WATER TREATMENT PLANTS, PUMPING STATIONS, SEWAGE TREATMENT PLANT AND LIFT STATIONS: Water treatment plant interior plant piping) 300.00 Sewage treatment plan interior plant piping) 215.00 Lift Station (interior station piping) 345.00 Page 9 of 21 Sewage ejector 125.00 10. WATER AND GAS MAINS: (On private property and other than public utility easements) Each foot 1.50 11. STORM AND SANITARY UTILITY AND/OR COLLECTOR LINES BUILDING DRAIN LINES: Each 50 lineal feet 15.00 Each manhole or catch basin 15.00 12. TEMPORARY TOILETS - WATERBORNE OR CHEMICAL Tem orary Toilet Unit Each 130.00 Renewal of temporary toilet same charge as original permit 130.00 13. DENTAL Each system (chair) 100.00 14. TRAILER OR MANUFACTURES HOMES CONNECTIONS Construction Trailers Each unit 120.00 15. REPAIRS Each $100.00 estimated cost or fractional part 15.00 16. WATER HEATERS REPLACEMENT (RESIDENTIAL ONLY) Each unit 130.00 D. ELECTRICAL PERMIT FEES 1. MINIMUM ELECTRICAL PERMIT FEE INCLUDING REPAIR WORK PER PERMIT Except as otherwise specified 130.00 Page 10 of 21 (This minimum does not apply to add -on electrical permits issued as supplementary to current outstanding permits for the same job and demolition work.) 2. PERMANENT SERVICE TO BUILDINGS - NEW WORK ONLY (The following fee shall be charged for total amperage of service.) For each 100 amp. or fractional part 7.00 3. FEEDERS: (Includes feeders to panels, M.C.C.; switch -boards, generators; automatic transfer switches, elevators, etc.) Each feeder 18.00 4. AGRICULTURAL SERVICE (Permanent) Per am 130.00 5. TEMPORARY SERVICE FOR CONSTRUCTION Per service 130.00 6. TRAILER SERVICE (CONSTRUCTION) Per service 170.00 7. TRAILER SERVICE (RESIDENTIAL) Per service 130.00 8. TEMPORARY SERVICE FOR TEST (COMMERCIAL ONLY) a. Equipment and service (30 day limit) per meter 130.00 b. Elevator 180 day limitper elevator 130.00 9. RESIDENTIAL WIRING (New construction of Group R3 and living units of Group R1 ) Applies to all electrical installations except common areas, parking lot area and/or buildings and house service of Group R1 For each 100 square feet or fractional part of floor area 11.00 Common areas of Group R1 includes: corridors, public lounges, elevators, pumps, A/C (public area), lights, outlets, house and emergency service, etc. These areas shall be subject to the fees below: Page 11 of 21 10. ALL OTHER WIRING AND OUTLETS: a. Includes boxes, receptacles, switches, sign, fractional motor, fans, low voltage 2.50 outlets, empty outlets for telephone, CTV, each outlet, 110 volt smoke detectors each outlet box b. Special outlet 10.00 c. Commercial equipment (KVA rated) X-ray outlets, commercial cooking 10.00 equipment, presses, generators, transformers, permanently connected. For each 10 KW or fractional part Motors (Fractional already covered on general outlets) 13.00 Air conditioning and refrigeration system (new work). Applies to commercial and residential, agricultural and industrial. Covers related work, except wall or window units which are covered under special outlets. 1) Per ton or fraction part thereof 9.00 2) Air conditioning and refrigeration system strip heating, space heating. For each 10 KW of fractional part 2.30 3) Replacement or relocation of existing A/C and refrigeration units (same size) Per ton 1.20 Per KW .65 Electrical equipment — replacement (existing facilities) Fee based on cumulative cost of the following components: 1 Switchboards, M.C.C. panels, control boards. For each board 30.00 11. LIGHTING FIXTURES Fee based on cumulative cost of the following components: Includes floodlights, spotlights, parking lights, tennis court lights, fluorescent and incandescent fixtures, etc. a. Per fixture 2.30 b. Plugmold, light track, neon strips. Each 5 feet or fractional part 4.45 c. Per lighting pole standards Fixture to be charged separately) 18.00 12. SIGNS & ARCHITECTURAL FEATURE (Indoor Neons) Per outlet 12.00 Per square feet of sign 1.75 Repairs, and reconnection each 85.00 Neon strips each 5 feet or fractional part 5.00 13. TEMPORARY WORK ON CIRCUSES, CARNIVALS, FAIRS, CHRISTMAS TREE LOTS, FIREWORKS, TENTS, ETC. Page 12 of 21 Per Ride or Structure 72.00 14. FIRE DETECTION SYSTEM Includes fire alarm systems, Halon, etc. Does not include single 110 volt residential detectors. Per system 180.00 15. MASTER TELEVISION ANTENNA AND RADIO SYSTEM Does not include CATV and telephone empty conduit system. Does include free wiring of same. Master control 30.00 Each device 1.70 16. BURGLAR ALARM SYSTEM Wiring 90.00 Installation Devices 65.00 Complete System 130.00 17. INTERCOM SYSTEM Includes residential (3 units or more), nurse call, paging, etc.: Each system plus devices 110.00 18. ENERGY MANAGEMENT SYSTEM Per floor 150.00 Repair per floor 85.00 19. SWIMMING POOLS, ELECTRICAL Fee based on cumulative cost of the following components a. Residential pool or spa (Group I) (Includes motor and pool lights) 85.00 b. Residential Combination pool/spa (includes motor and pool lights) 130.00 c Commercial and multi -family dwelling pool or spa 200.00 d Commercial, multi -family dwelling combination pool/spa 275.00 20. FREE STANDING SERVICE - New meter and service (Requires processing) Fee based on cumulative cost of the following components: Includes lift stations, sprinkler systems, street lighting, parking lots, etc. that 130.00 Page 13 of 21 require new service with separate meter E. MECHANICAL PERMIT FEES 1. MINIMUM MECHANICAL PERMIT FEE Except as otherwise specified 130.00 (This minimum does not apply to add on mechanical permits issued as supplementary to current outstanding permits for the same job.) 2. AIR CONDITIONING AND REFRIGERATION, INCLUDING THE RELOCATION OF EQUIPMENT Separate permits are required for electrical, water and gas connections. For each ton capacity or fractional part thereof 22.00 Room A/C Wall units 70.00 3. FURNACES AND HEATING EQUIPMENT, INCLUDING COMMERCIAL DRYERS, OVENS AND OTHER FIRED OBJECTS NOT ELSEWHERE CLASSIFIED (Includes all component parts of the system except fuel and electrical lines). I For each KW 1 4.50 1 4. FIRE SPRINKLER SYSTEM 70.00 5. STORAGE TANKS FOR FLAMMABLE LIQUIDS Per tank 1215.00 1 6. INTERNAL COMBUSTION ENGINES 110.00 7. COMMERCIAL KITCHEN HOODS Each 180.00 8. OTHER FEES a. Fire chemical halon and sprav booths Page 14 of 21 For each system 150.00 b. Insulation, Pneumatic Tube, Conveyor Systems, Pressure and Process Piping, Sheet metal or Fiberglass Air Conditioning Duct, Cooling Towers, Mechanical Ventilation Ductwork or Ductless Ventilation For each $1,000.00 or fractional part of estimated cost 15.00 9. WATER TOWERS Per ton 15.00 F. BOILERS AND PRESSURE VESSELS Installation permit fees: Including initial inspections and certificate. Does not include installation or connection of fuel and water lines. 1. BOILERS: The following fees apply to each boiler to be installed. Boilers less than 837 MBTU each 110.00 Boilers 837 MBTU to 6,695 MBTU each 130.00 Boilers 6,695 MBTU and up each 180.00 Steam driven prime movers, each 85.00 Steam actuated machinery, each 85.00 Unfired pressure vessels (operating at pressures in excess of 60 psi and having volume of more than 5 cubic feet) each pressure vessel 110.00 Boiler Repair for each $1,000.00 or fractional part of cost 15.00 2. FEES FOR PERIODIC RE -INSPECTION: Steam Boilers (annual) Each 180.00 Hot water boilers annual Each 75.00 Unfired pressure vessels (annual) Each 65.00 Miniature boilers annual Each 65.00 Certificate of inspection (where inspected by insurance company) each 110.00 Shop inspection of boiler or pressure vessels per completed vessel 110.00 (Minimum of $280.00 per half day, full day, regardless of number of vessels inspected) 560.00 G. CERTIFICATE OF USE AND OCCUPANCY AND CERTIFICATE OF COMPLETION The following original fees shall be paid for all uses. The indicated renewal fee applies to those uses which are required to be renewed annually by Code or by Resolution. All non- renewable uses are issued permanent use and occupancy certificates which shall remain Page 15 of 21 valid for an unlimited time, unless revoked for cause or abandoned and providing there is no change of use, ownership, or name, or that there is no enlargement, alteration or addition in the use or structure. RESIDENTIAL (CO per unit) Original Fee Annual Renewal Fee Duplexes, per structure 40.00 None Bungalow courts 52.00 None Apartments, hotels, motor hotels 63.25 None and all multiple family uses -per building with 4-50 Units 51-100 Units 75.00 None 101-200 Units 86.36 None 201 or more units 97.75 None Private school, day nursery, 103.50 57.50 convalescent and nursing home, hospital, ACFL and Developmentally Disabled home care BUSINESS, WHOLESALE & Original Fee Annual RETAIL Renewal Fee Per square feet of business area .0345 (B1) Minimum 115.00 63.25 Automobile, trailer, boat, truck, .0345 etc., rental or sales from open lot or combination open lot and building per square feet of business area Minimum 115.00 184.00 Change of owner or restaurant 103.50 63.50 liquor/beer/wine in conjunction with restaurants, grocery stores, etc INDUSTRIAL Original Fee Annual Renewal Fee Page 16 of 21 Per square feel of business area .0345 Minimum 115.00 63.50 Automobile used parts yard, .023 commercial incinerators, junkyards, slaughterhouses, bulk storage or petroleum products, and utility plants. Per square feet of business area Minimum 483.00 184.00 UNUSUAL USE, SPECIAL Original Fee Annual PERMITS Renewal Fee All unusual uses, except the 241.50 184.00 following Churches None None Airport, commercial dump 483.00 184.00 permits, racetracks, stadiums Cabaret, nightclub, liquor or 304.50 304.50 package store Rock quarries, lake excavations 362.25 184.00 and/or filling thereof Circus or Carnival (per week) 212.75 212.75 Open lot uses 143.75 120.75 Land clearing, sub soil preparation 126.50 143.75 AGRICULTURAL Original Fee Annual Renewal Fee All uses, except as otherwise listed 143.75 143.75 herein TRAILER USE Original Fee Annual CERTIFICATES Renewal Fee a. Trailers approved for temporary 207.00 207.00 Page 17 of 21 occupancy during construction of a residence (section 33-168 Metro Code) b. Trailers approved for 402.50 402.50 commercial purposes or development projects, including watchman's quarters and temporary sales trailers CHANGE OF USE OR NAME Where there is a change of use or name, the fee shall be the original fee listed for the proposed use. REFUNDS No refunds shall be made of fees paid for use and occupancy permits. In case of error, adjustment may be made by the Director of the Community Development Department. OCCUPANCY WITHOUT C.O. Original Fee Annual Renewal Fee (In violation) (WO) 172.50 plus a double C.O.fee FALURE TO RENEW C.O. C.O.'s not renewed on or before the renewal date will be assessed a $172.50 violation fee plus a double C.O. fee CERTIFICATE OF Original Fee Annual COMPLETION Renewal Fee Single family residence, 28.75 None Townhouse Unit, and commercial shell C.O. AND TCO INSPECTION FEE When an inspection is necessary prior to the issuance of a C.O. or TCO, an inspection fee of $34.50 is charged for each inspector who is required to make Page 18 of 21 a field inspection. Temporary C.O.s will be charged at a fee equal to the final C.O. cost in addition to the inspection fee. This fee will be valid up to ninety (90) days. C.O. REINSPECTION FEE When extra inspection trips are necessary due to 1) wrong address being given on a call for inspection 2) required corrections not being made or completed at time specified 3) failure to provide access to the property or use, a fee of $57.50 for each inspector who must return shall be charged. Any re - inspection after the initial re -inspection shall require payment of a $115.00 fee H. ANNUAL FACILITY PERMITS In accordance with the provisions of the Florida Building Code, each firm or organization which performs its own maintenance work with certified maintenance personnel as well as helpers thereunder may pay to the City of Aventura an annual Master and Subsidiary Facility Permit (Premise Permit) fee in lieu of other fees for maintenance work. Such fee shall be paid to the Community Development Department and such permit shall be renewed annually at a fee which is calculated in accordance with the provisions of this subsection. 1. CALCULATION OF THE INTIAL MASTER FACILITY PERMIT FEE Each firm or organization which obtains an annual Master premise permit shall include in their application for such permit the total number of maintenance personnel, including helpers and trainees thereunder assigned to building, electrical, plumbing or mechanical work. The Master Facility Permit (Premise Permit) shall be computed by multiplying the total number of such employees times seventy-two dollars ($72.00). The minimum Master Facility Permit fee shall be one thousand three hundred and fifty dollars ($1350.00). 2. CALCULATION OF THE INITIAL SUBSIDIARY FACILITY PERMIT FEE Each firm or organization which utilizes decentralized locations in addition to the main location described under 1. above may additionally apply for a Subsidiary Facility Permit (Premise Permit) for each such decentralized location. Such application for a Subsidiary Facility Permit (Premise Permit) shall include the same information required in 1. above. The Subsidiary Facility Permit Fee shall be computed by multiplying the Page 19 of 21 total number of such employees times seventy-two dollars ($72.00). The minimum Subsidiary Facility Permit fee shall be three hundred and eighty dollars ($380.00). 3. RENEWAL OF FACILITY PERMIT Prior to each facility permit expiration, the holder will be sent a renewal notice to continue the facility permit for the next renewal period. The calculation of the renewal facility permit fee shall be the same as the method used to calculate the original facility permit fee. No allowances shall be made for late renewal fees or part year renewal fees. I. 40-YEAR RECERTIFICATION FEES For every application for 40-year recertification under the Florida Building Code, there shall be paid to the Community Development Department for the processing of each application a fee of three hundred and seventy five dollars ($375.00). For every application for subsequent recertification at 10 year intervals thereafter, there shall be paid to the Community Development Department for the processing of each application a fee of three hundred and seventy five dollars ($375.00). Recording fees: Established by the Clerk of the Court (Recorder) J. STRUCTURAL GLAZING SYSTEMS — RECERTIFICATION FEES For the initial application for structural glazing recertification and each subsequent application, there shall be paid to the Community Development Department for the processing of each application a fee of three hundred and fifty five dollars ($355.00). K. FLORIDA BUILDING CODE — UNSAFE STRUCTURES Case Processing Fee 500.00 Pictures - each 2.90 Inspection Fee - each 160.00 Posting of Notices - each 50.00 Unsafe Structures Board Processing Fee 180.00 Title Search Actual Cost Court Reporting Transcription Actual Cost Legal Advertisement Actual Cost Permit Fees Actual Cost Lien/Recordation/Cancellation of Notices - each Actual Cost Bid Processing Fee 145.00 Page 20 of 21 Demolition/Secure Services Actual Cost Asbestos Sampling & Abatement Actual Cost Information 30.00 -Corporate Extension Fee 150.00 End of Building Permit Fee Schedule Page 21 of 21