05-02-2006
City r.nmmiJZ/lion
Susan Gonlieb, Mayor
A~e City of
~ventura
~
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City MV16Irer
Eric M. Soroka, ICMA-CM
Zev Auerbach
Bob Diamond
Billy Joel
Harry Holzberg
Michael Stem
Luz Urbaez Weinberg
Citv CIen
Teresa M. Soroka, MMC
City Attom~y
Weiss Serota Helfman
Pastoriza Cole & Boniske
AGENDA
MAY 2, 2006 6 p.m.
Government Center
19200 West Country Club Drive
Aventura. Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AGENDA: Request for Deletions/Emergency Additions
4. SPECIAL PRESENTATIONS: 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.
A. APPROVAL OF MINUTES:
April 4, 2006 Commission Meeting
April 20, 2006 Workshop Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION 01-0103-074 FOR PROFESSIONAL
PLANNING SERVICES BY AND BETWEEN THE CITY OF
AVENTURA AND CRAVEN THOMPSON & ASSOCIATES FOR
THE TOTAL AMOUNT OF $50,000.00; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE ACCEPTANCE
OF DEDICATIONS OF CERTAIN REAL PROPERTY FROM
CERTAIN OWNERS FOR THE CREATION OF NE 27TH
AVENUE; AUTHORIZING THE CITY MANAGER AND CITY
ATTORNEY TO TAKE ALL ACTION NECESSARY TO
May 2, 2006 c-.....:..... Meolina
COMPLETE THE DEDICATION AND ACCEPTANCE OF SUCH
REAL PROPERTY; AND PROVIDING AN EFFECTIVE DATE.
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, SUPPORTING THE STATE OF
FLORIDA DEPARTMENT OF ELDER AFFAIRS'
COMMUNITIES FOR A LIFETIME INITIATIVE AND
PROVIDING FOR AN EFFECTIVE DATE.
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, ADOPTING THE NATIONAL
INCIDENT MANAGEMENT SYSTEM (NIMS); PROVIDING
FOR IMPLEMENTATION; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR
AN EFFECTIVE DATE.
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AWARDING AND LETTING A
BID/CONTRACT FOR BID NO. 06-2-22-2, ELECTRICAL
MAINTENANCE SERVICES TO HORSEPOWER ELECTRIC,
INC. AT THE NEGOTIATED PRICE DESCRIBED IN EXHIBIT
"A"; 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. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, SELECTING THE FIRM OF
CROWDER-GULF JOINT VENTURE, INC. TO PERFORM
PROFESSIONAL DISASTER RECOVERY SERVICES
RELATIVE TO RFP NO. 06-2-17-2, DISASTER RECOVERY
SERVICES; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE THE TERMS AND FEES FOR SAID SERVICES;
AUTHORIZING NEGOTIATIONS WITH AN ALTERNATE
FIRM TO PERFORM THE REQUIRED SERVICES SHOULD
NEGOTIATIONS WITH SELECTED FIRM BE
UNSUCCESSFUL; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, APPROVING PURCHASE AND
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May 2, 2006 C.....:....;... Meolina
SALE AGREEMENT BETWEEN GULFSTREAM PARK
RACING ASSOCIATION, INC., AND THE CITY OF A VENTURA
CONCERNING CITY'S ACQUISITION OF LAND FOR CITY'S
WATERWAYS PARK PROJECT; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR EFFECTIVE DATE.
I. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA APPROVING CHANGE ORDER NO.
1 TO BID NO. 06-2-21-2, LANDSCAPE MATERIAL
PROCUREMENT AND DELIVERY FOR HURRICANE
LANDSCAPE RESTORATION TO LUKE'S LANDSCAPING,
INC. AT THE PRICE OF $49,006.25 FOR THE PURPOSE OF
LANDSCAPING THE WESTERN MEDIANS OF WILLIAMS
ISLAND BOULEVARD; 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.
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 he requests
public comments. An opportunity for persons to speak on each item will be made available after the applicant and staffhave
made their presentations on each item. All testimony. including public testimony and evidence, will be made under oath or
affinnation. 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 pennitted to
cross-examine wiblesses, but the public may request the Connnission to ask questions of staff or wiblesses 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.
7. ORDINANCES: FIRST READING/PUBLIC INPUT:
A. ORDINANCE OF THE CITY OF A VENTURA, FLORIDA;
AMENDING THE CITY CODE BY AMENDING CHAPTER 26
"ELECTIONS", BY AMENDING SECTION 26-32
"COMMENCEMENT OF TERM OF ELECTED OFFICIALS",
BY AMENDING PARAGRAPH (C) TO REVISE DATE OF
COMMENCEMENT OF THE TERM OF OFFICE FOR
REGULAR TERMS OF THE MAYOR AND COMMISSIONERS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING THE CITY CODE BY AMENDING CHAPTER 26
"ELECTIONS", BY AMENDING SECTION 26-34 "EARLY
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May 2, 2006 ('nnmi..... MediDg
ELECTIONS: REVISING AND UPDATING PROVISIONS
DESCRIBING SCOPE, APPLICABILITY, EARLY VOTING
DURATION AND PROCEDURES; OPTING OUT OF THE
REQUIREMENTS OF PARAGRAPH (2) OF SECTION 101.657,
FLORIDA STATUTES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN
EFFECTIVE DATE.
8. PUBLIC HEARING: ORDINANCES: SECOND READING:
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA;
AMENDING THE CITY CODE BY AMENDING CHAPTER 14
"BUILDINGS AND BUILDING REGULATIONS", AT ARTICLE V
"CONSTRUCTION SITES", BY AMENDING SECTION 14-100
"SECURING OF CONSTRUCTION SITES"; TO REVISE TITLE OF
SECTION 14-100 TO BE "SECURING OF CONSTRUCTION SITES;
OTHER RESTRICTIONS"; REVISING EXISTING REGULATIONS
CONCERNING CONSTRUCTION SITES TO CONFORM TO MIAMI-
DADE COUNTY CODE REFERENCE AND ADDING ADDITIONAL
PROVISIONS CONCERNING ENFORCEMENT AND PENAL TIES,
PARKING OF CONSTRUCTION WORKER VEHICLES,
PROTECTION OF PUBLIC ROADWAYS AND RIGHT OF WAY,
ENFORCEMENT OF NOISE REGULATIONS, AND ESTABLISHING
REQUIREMENTS FOR JOB SITE MAINTENANCE, COMPLIANCE
WITH JOB-SITE PLAN, AND OTHER PURPOSES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR PENALTY; AND PROVIDING FOR AN EFFECTIVE
DATE.
9. RESOLUTIONS - PUBLIC HEARING: None.
10. REPORTS
11. PUBLIC COMMENTS
12. OTHER BUSINESS: None.
13. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS
COMMISSION WORKSHOP
MAY 18, 2006
9 A.M.
COMMISSION MEETING
JUNE 6, 2006
6 P.M.
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May 2, 2006 (".nm:....~.. Meolina
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled
and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City
Clerk. 305-466-8901. not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory
Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any
matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. Agenda items may be viewed at the Office of the City Clerk. City of Aventura Government Center, 19200 W. Country Club
Drive. Aventura, Florida. 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-
8901.
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MINUTES
CITY COMMISSION MEETING
APRIL 4, 2006 - 6 PM
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan
Gottlieb at 6:00 p.m. Present were Commissioners Zev Auerbach. Bob Diamond, Harry
Holzberg, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Billy Joel, Mayor Gottlieb,
City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M.
Wolpin. As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Led by Madelyn Giardello.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: None.
5. ELECTION OF VICE MAYOR: Commissioner Auerbach nominated Commissioner
Weinberg to serve as Vice Mayor for the next six month period. The nomination was
seconded by Commissioner Joel and unanimously passed.
6. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Joel, seconded by Commissioner Stern, unanimously passed and the
following action was taken:
A. The minutes of the March 7, 2006 Commission Meeting and March 16,
2006 Workshop Meeting were approved.
B. Resolution No. 2006-17 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ACCEPTING AND ADOPTING THE ELECTION
RESULTS OF THE MARCH 21, 2006 MUNICIPAL SPECIAL MAIL-IN
BALLOT ELECTION, AS CERTIFIED BY THE CANVASSING BOARD
AND ATTACHED HERETO; PROVIDING AN EFFECTIVE DATE.
C. Resolution No. 2006.18 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED WORK AUTHORIZATIONS; 01-0103-068,
01-0103-069, 01-0103-070, FOR PROFESSIONAL ENGINEERING
SERVICES TO PERFORM TRAFFIC STUDIES BY AND BETWEEN THE
CITY OF AVENTURA AND CRAVEN THOMPSON & ASSOCIATES FOR
THE TOTAL AMOUNT OF $48,200.00; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
D. The following motion was approved:
MOTION AUTHORIZING THE CITY MANAGER TO PROCEED WITH
THE PROPOSED PERFORMING ARTS CENTER PHASE I ACTION
PLAN IN ACCORDANCE WITH MEMORANDUM DATED MARCH 30,
2006.
E. The following motion was approved:
MOTION TO REJECT ALL BIDS TENDERED FOR ELECTRICAL
MAINTENANCE SERVICES AND AUTHORIZING CITY MANAGER TO
NEGOTIATE WITH SOLE BIDDER
F. Resolution No. 2006-19 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING AN EXTENSION OF TIME TO
RECORD THE MARINA DEL REY SECOND REVISED FINAL PLAT,
BEING A REPLAT OF A PORTION OF TRACT N OF MARINA DEL REY
REVISED, PLAT BOOK 144, PAGE 89, LYING IN THE SOUTH V. OF
SECTION 3 TOWNSHIP 52 SOUTH, RANGE 42 EAST, CITY OF
AVENTURA, MIAMI.DADE COUNTY, FLORIDA; PROVIDING FOR AN
EFFECTIVE DATE.
G. The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $100,000
FOR E-911 SYSTE EQUIPMENT & BUILD-OUT FROM THE POLICE
FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM.
7. 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 upm any of these items, please inform the Mayor when he
requests public comnents. An opportunity for persoos to speak on each item will be nwIe available after the applicant and staff have nwde their
presentations on each item. All tcstiroony. including public testimony and evidence. will be made under 08th or affirrnmoo. Additionally, each persal
who gives testimony tMy be subject to cross-examination. If you refuse either to be cross~xamined or to be sworn, your testimony will be given its
due weight. The general public will not be pennitted to cross-examine witnesses. but the public may request the Conmissioo to ask questions of staff
or witnesses on their behalf. Persoos representing organizations JTlJst present evidence of their authOOty to speak for the organizatioo. Further details
of tile quasi-judicial procedures may be obtained from the Cleric
Mr. Wolpin reviewed the quasi-judicial proceedings. Ex-parte communications by
Commissioners, if any, were disclosed and filed with the City Clerk in accordance with
2
City Code Section 34. All witnesses giving testimony in these hearings were sworn in
by City Clerk Teresa M. Soroka. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING ALTERNATE BUILDING LAYOUT DESIGN AS
BEING IN COMPLIANCE WITH CONDITION CONTAINED IN SECTION 2
"WAIVER GRANTED" OF CITY RESOLUTION NO. 2006-08 GRANTING
MORATORIUM WAIVER APPLICATION FOR LINCOLN POINTE PROPERTY
CONSISTING OF 8.77 :I: ACRES LOCATED AT 17900 NORTHEAST 31ST
COURT IN THE CITY OF AVENTURA; PROVIDING FOR A RESIDENTIAL
TOWER BUILDING OF A WIDTH WHICH IS GENERALLY NOT TO EXCEED
FOUR HUNDRED (400') FEET, WITH A HEIGHT NOT TO EXCEED THIRTY
FIVE (35) STORIES, FOR THE REDEVELOPMENT OF LINCOLN POINTE;
PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE
DATE.
A motion for consideration was offered by Commissioner Holzberg and seconded
by Commissioner Diamond. Planning Director Joanne Carr explained the
request of the applicant and entered the staff report into the record. The
following individuals addressed the Commission: Stanley Price, Esq., Bilzin
Sumberg; Charles Benson, Charles Benson & Associates, architects; Giobert
Benhamou and Tom Brinkley, 18877 NE 29th Street, representing the applicant;
Jonathan Evans, 7000 Island Blvd.; Carlos Aguierra, President, Williams Island
POA; Bob Burroughs; and George Tower, 7000 Island Blvd. There being no
further speakers, the public hearing was closed. A motion was offered by
Commissioner Joel to approve the resolution providing for the alternate building
layout design on Exhibit A which provides one building containing two vertical
groupings of dwelling units with a common lobby with reference in the resolution
to the second amended settlement agreement. The motion was seconded by
Commissioner Auerbach, passed unanimously by roll call vote and Resolution
No. 2006.20 was adopted.
A motion was offered by Vice Mayor Weinberg, seconded by Commissioner Joel
and unanimously passed to add the following resolution to the agenda, which
was read by title by Mr. Wolpin:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING SECOND AMENDMENT TO
SETTLEMENT AGREEMENT BETWEEN SHEFAOR/TARRAGON,
LLLP, AND THE CITY OF AVENTURA, CONCERNING 8.77 ACRE %
PARCEL OF LAND LOCATED AT 17900 NORTHEAST 31ST COURT IN
THE CITY OF AVENTURA, COMMONLY KNOWN AS THE LINCOLN
POINTE PROPERTY; AUTHORIZING EXECUTION OF SECONDN
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AMENDMENT TO SETTLEMENT AGREEMENT; AUTHORIZING
IMPLEMENTATION OF SECOND AMENDMENT TO SETTLEMENT
AGREEMENT; PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Joel, seconded by Vice
Mayor Weinberg, unanimously passed and Resolution No. 2006-21 was
adopted.
8. ORDINANCES: FIRST READING/PUBLIC INPUT: Mr. Wolpin read the following
ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMENDING THE
CITY CODE BY AMENDING CHAPTER 14 "BUILDINGS AND BUILDING
REGULATIONS", AT ARTICLE V "CONSTRUCTION SITES", BY AMENDING
SECTION 14.100 "SECURING OF CONSTRUCTION SITES"; TO REVISE
TITLE OF SECTION 14.100 TO BE "SECURING OF CONSTRUCTION SITES;
OTHER RESTRICTIONS"; REVISING EXISTING REGULATIONS
CONCERNING CONSTRUCTION SITES TO CONFORM TO MIAMI-DADE
COUNTY CODE REFERENCE AND ADDING ADDITIONAL PROVISIONS
CONCERNING ENFORCEMENT AND PENALTIES, PARKING OF
CONSTRUCTION WORKER VEHICLES, PROTECTION OF PUBLIC
ROADWAYS AND RIGHT OF WAY, ENFORCEMENT OF NOISE
REGULATIONS, AND ESTABLISHING REQUIREMENTS FOR JOB SITE
MAINTENANCE, COMPLIANCE WITH JOB.SITE PLAN, AND OTHER
PURPOSES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR PENALTY; AND PROVIDING FOR
AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and seconded by
Commissioner Auerbach. Mayor Gottlieb opened the public hearing. Bob
Burroughs addressed the Commission. The being no further speakers, the
public hearing was closed. The motion for approval passed unanimously by roll
call vote.
9. PUBLIC HEARING: ORDINANCES: SECOND READING: None.
10. RESOLUTIONS - PUBLIC HEARING: Mr. Wolpin read the following resolution by
title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, AMENDING RESOLUTION NO. 96-39 WHICH PROVIDED A FEE
SCHEDULE FOR ENGINEERING AND PUBLIC WORKS INSPECTION
PERMIT AND REVIEW; AUTHORIZING THE CITY MANAGER TO DO ALL
4
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Joel and seconded by
Commissioner Diamond. The motion for approval passed unanimously and
Resolution No. 2006.22 was adopted.
11. OTHER BUSINESS: None.
12. PUBLIC COMMENTS: Jack Ross, Aventura Optimist Club and participants of the
Zone Contest, as follows: Ashley Kumakis and Lucas Simons.
13. REPORTS As submitted.
14. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 8 p.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing
will need a record of the proceedings and. for such purpose, may need to ensure that a verbatim record of the proceedings is made.
which record includes the testimony and evidence upon which the appeal Is to be based.
5
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MINUTES
COMMISSION WORKSHOP MEETING
APRIL 20, 2006 9 A.M.
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan
Gottlieb at 9 a.m. Present were Commissioners Zev Auerbach, Bob Diamond, Billy
Joel, Harry Holzberg, Michael Stern, Vice Mayor Luz Urbaez Weinberg, Mayor Gottlieb,
City Manager Eric M. Soroka, and City Attorney David M. Wolpin. As a quorum was
determined to be present, the meeting commenced.
1. GULFSTREAM PARK UPDATE: After consensus by the Commission to place this
item on the agenda, the City's special counsel, John Shubin, and Mr. Soroka
provided an u~date on the status of Gulfstream Park DRI, and specifically issues
relating to 213 Street.
CITY MANAGER SUMMARY: Consensus to accept the proposed DRI development
order language relating to 213th Street.
2. REVISED COMMENCEMENT TERM ORDINANCE (City Manager): City Clerk
Teresa Soroka noted that due to the elimination of run-off elections pursuant to the
recent charter amendment election, an amendment to the term of commencement of
office for newly elected officials was in order. Commission reviewed draft legislation
prepared by the City Attorney to provide that commencement of terms for newly
elected officials would be amended to the third day after the first Tuesday in March
of odd years following the general election.
CITY MANAGER SUMMARY: Consensus to proceed with first reading of ordinance
at May meeting.
3. COMMUNITY SERVICES ADVISORY BOARD APPOINTMENTS (City Manager):
Mr. Soroka noted that the terms of the current Board have expired and
reappointment should be addressed.
CITY MANAGER SUMMARY: Consensus to advertise applications for membership
for Commission review.
4. OLDER AMERICANS MONTH (Mayor Gottlieb): Mayor Gottlieb discussed
correspondence she received from Lt. Gov. Toni Jennings requesting a resolution
from the City supporting the State Department of Elder Affairs' Communities for a
Lifetime Initiative.
CITY MANAGER SUMMARY: Consensus to proceed.
5. SISTER CITIES (Mayor Gottlieb) (Taken out of order) Mayor Gottlieb advised
Commission of her discussion with Dr. Itzhak Ben Gad, Consul General of Israel,
regarding a sister city relationship.
CITY MANAGER SUMMARY: Consensus not to proceed at this time.
6. INAUGURAL POSITIVE AGING AWARDS (Mayor Gottlieb): Mayor Gottlieb
discussed correspondence from the Alliance for Aging, Inc. requesting the city
participate in the Inaugural Positive Aging Awards.
CITY MANAGER SUMMARY: Due to the time constraints, consensus to participate
in 2007.
Mayor Gottlieb distributed information from the Miami-Dade County League of Cities
requesting participation by elected officials on League committees.
7. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 10:30 a.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing
will need a record of the proceedings and, to< such purpose. may need to ensure that a verbatim record of the proceedings is made.
which record Includes the testimony and evidence upon which the appeal is to be based.
2
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE: April 20, 2006
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, C'
SUBJECT: Resolution Approving Craven Thompson Work Authorization to
Perform Planning Services
May 2,2006 City Commission Meeting Agenda Item 6~B
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
execution of the attached Work Authorization from Craven Thompson & Associates to
perform planning services for the Community Development Department.
BACKGROUND
The current budget contains a Senior Planner position with an overall cost of $74,000.
The position is currently open. The previous employee left to take a job in the private
sector. Due to a decrease in development applications that will continue as the City
reaches build out, it will become increasingly difficult to recruit for this position and to
retain an individual for a long period of time.
The Planning Director and I discussed this dilemma and felt it was best to address this
situation by retaining the services of a contractual planner. We requested the City
Engineer, Craven Thompson, to recommend an experienced subcontractor with
planning services. Based on this discussion, the Planning Director selected the
Cordova Mendez Design Group, Inc.
Services will include site plan review, plat review, coordination of site plan applicants,
preparation of planning reports, review and interpretation of City Code and other
planning services as requested by the City. The annual cost is estimated to be $50,000
at $125 / hour.
Overall, the recommended course of action allows the City to continue to provide a high
level of planning services within current budgetary guidelines.
Memo to City Commission
Page 2
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01482-06
RESOLUTION NO. 2006-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION 01-0103-074 FOR PROFESSIONAL
PLANNING SERVICES BY AND BETWEEN THE CITY OF
AVENTURA AND CRAVEN THOMPSON & ASSOCIATES
FOR THE TOTAL AMOUNT OF $50,000.00;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Work Authorization No. 01-0103-074 from Craven Thompson & Associates to perform
professional planning services for the total amount of $50,000.00.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
adoption. The motion was seconded by Commissioner
a vote, the vote was as follows:
, who moved its
and upon being put to
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Vice Mayor Luz Urbaez-Weinberg
Mayor Susan Gottlieb
Resolution No. 2006
Page 2
PASSED AND ADOPTED this 2nd day of May, 2006.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
C]TYL~~
WORK AUTHORIZATION NO. 01-0103-074
The City of Aventura has requested Work Authorization No. 01-0103-074.as provided
for in the Agreement between the City of Aventura and Craven Thompson and
Associates, Inc. and approved by the City Commission on July 3, 2001.
This Work Authorization No 01-0103-074 provides for technical services in accordance
with Articles 3, 4, 6, 7 and 8 of the Agreement as further detailed in the scope of services
in Exhibit A.
Payment for such services shall be in accordance with Article 5 of the Agreement.
Planning Services
Provide Miscellaneous Panning Services. ............... .............................. $125.00 per hour
. .................. ... ........................................... ........ ......... .... ............Not- To-Exceed $50,000.00
Total Planning Services.................$125.00 per hour, Not-To-Exceed $50,000.00
Reimbursable Expenses
Printing, Graphics, Communications ..................................................................... $2,500.00
Couriers, Express Mail, Etc.................................................................................... $2.500.00
Total Reimbursable Expenses............................................................................. $5,000.00
Total Estimated Labor Expenses are .................................................................... $50,000.00
Total Estimated Reimbursable Expenses are ......................................................... $5,000.00
The time period for this work authorization will be:
Planning Services ...................................................12 Months
CITY:
ATTEST
CITY OF A VENTURA, FLORIDA
through its City Manager
BY
BY
City Clerk
City Manager
Teresa M. Soroka. MMC
Eric M. Soroka. ICMA-CM
day of
,2006
APPROVED AS TO FORM
BY
Notice to Proceed_ Yes
No
City Attorney
Weiss Serota & Helfman, P.A.
Project Initiation Date
RECOMMENDED through its
Director of Planning
BY
Director of Planning
Joanne Carr. AICP
day of
,2006
Ji>:"'ibi~ A
Cor.sultant shall provide miscellaneous pianning services as requested by the City's Director of
Hanning. Service shall include, but not be limited to: meeting attendance, site plan review, plat
review, coordination with site plan applicants and/or Director of Planning, preparation of
planning reports, review and interpretation of City Code, assistance in processing site plan
applications and approvals, and other planning services as requested. Consultant or Consultant's
repi~cef1cat;fe shall be available for meetings and coordination a, City Hail on a weekly basis as
requested by the City's Director of Planning. Consultant shall use Cordova Mendez Design
Group, Inc. as a subconsultant for miscellaneous planning services.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, City
DATE: April 25, 2006
SUBJECT: Conveyance of N.E. 27th Avenue From Private to Public Roadway
May 2,2006 City Commission Meeting Agenda Item..s:......C!...
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution which
provides for the dedication of a twenty-four (24) foot wide private easement (N.E. 2ih
Avenue) to the City that converts the subject avenue from private to public as required
to facilitate the capital improvements completed on the roadway.
BACKGROUND
Use of private property was required to provide for the required right-of-way. Width to
construct sidewalks, roadway and street lighting improvements for the N.E. 2ih Avenue
Roadway Improvement project.
The dedications finalize the required documents to convert the roadway from private to
public ownership.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CCO 1483-06
- --- ...._---_..__.__.._.~_.---......_--.-._-----'-_._.------_.--..-...-...... -.--.-.--.--- .............-...-. --.-
RESOLUTION NO. 2006- _
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE ACCEPTANCE OF
DEDICATIONS OF CERTAIN REAL PROPERTY FROM CERTAIN
OWNERS FOR THE CREATION OF NE 27TH AVENUE; AUTHORIZING
THE CITY MANAGER AND CITY ATTORNEY TO TAKE ALL ACTION
NECESSARY TO COMPLETE THE DEDICATION AND ACCEPTANCE
OF SUCH REAL PROPERTY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura, Florida (the "City"), desires
to create NE 27th A venue as a public road within the City; and
WHEREAS, certain individuals and entities as listed on the attached Exhibit "A" (the
"Owners") are the owners of fee simple title to certain real property that would be used to create
NE 27th Avenue, to be located in the City; and
WHEREAS, the real property is more particularly described in the Legal Descriptions
and Sketches attached hereto as Exhibit "B" (the "Legal Descriptions and Sketches"), and by this
reference made a part hereof, and is hereinafter referred to as the "Properties"; and
WHEREAS, the Owners desire to dedicate the Properties to the City for the purposes
necessary for the creation ofNE 27th Avenue; and
WHEREAS, the City desires to accept the Properties from the Owners pursuant to Right
of Way Deeds, which are attached hereto as Exhibit "C" (the "Right of Way Deeds"); and
WHEREAS, the City desires to use the Properties for public roadway purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Resolution No. 2006-
Page 2
The foregoing Recitals are true and correct and are incorporated herein by
Section 1:
this reference.
Section 2:
The City Commission hereby approves of the acceptance of the Right of
Way Deeds attached hereto as Exhibit "C" and by this reference made a part hereof.
Section 3:
The City Commission hereby accepts the dedication from the Owners to
the City of the Properties as more particularly described in the Legal Descriptions and Sketches
attached hereto as Exhibit "B" and by this reference made a part hereof.
Section 4:
The City Commission hereby authorizes the City Manager and the City
Attorney to take all action necessary to complete the dedication and acceptance of the real
property. Further, the City Manager and City Attorney are authorized to take any necessary
action in order to obtain and accept any additional dedications which are necessary for
the completion of the establishment of the public road.
Section 5:
That this Resolution shall take effect immediately upon adoption.
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
, who
, and
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stem
Vice Mayor Luz Urbaez Weinberg
Mayor Susan Gottlieb
--------~--.........-.-
Resolution No. 2006-
Page 3
PASSED AND ADOPTED this 2nd day of May, 2006.
Susan Gottlieb, Mayor
Attest:
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
f~
City Attorney
Filed in the Office of the City Clerk this _ day of May, 2006.
EXHIBIT "A"
THE OWNERS
18305 BISCA YNE BOULEVARD, INC.,
a Florida corporation
AFFORDABLE COMMUNITY HOUSING TRUST-ALPHA, INC.,
a California not-for-profit corporation
A VENTURA LAND INVESTMENTS, LP,
a Florida limited partnership
EXHIBIT "B"
LEGAL DESCRIPTIONS AND SKETCHES
.'
18305 BISCAYNE BLVD., INC.
DESCRIPTION: ROADWAY DEDICATION (SOUTHWEST)
PORTIONS OF TRACTS 'A' AND 'B', GLENDALE, ACCORDING TO THe PLAT THEREOF, AS
RECORDED IN PLAT BOOK 127, PAGE 84, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA, DESCRIBED AS FOLLOWS.
BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT 'B', THENCE SOUTH 89"57'54"
WEST, ALONG THE SOUTH BOUNDARY OF SAID TRACT 'B', A DISTANCE OF 43.47 FEET;
THENCE NORTH 46"10'18" EAST, A DISTANCE OF 34.80 FEET TO A POINT ON THE ARC OF A
CURVE CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS SOUTH 87'37'22" EAST FROM
THE LAST DESCRIBED POINT; THENCE NORTHERLY, A1.0NG A CURVE 19.00 FEET WEST OF
AND CONCENTRIC WITH THE EAST BOUNDARY OF SAID TRACT 'B', BEING ALONG THE ARC
OF SAID CURVE, HAVING A RADIUS OF 589.00 FEET, A CENTRAl. ANGLE OF 18"42'10", FOR AN
ARC DISTANCE OF 185.87 FEET; THENCE NORTH 89"59'25" EAST, ALONG THE NORTH
BOUNDARY OF SAID TRACTS 'A' AND 'B', BEING A NON-TANGENT LINE, A DISTANCE OF 20.14
FEET TO A POINT ON THE ARC OF A CURVE CONCAVE EASTERLY, WHOSE RADIUS POINT
BEARS SOUTH 70"14'03" EAST FROM THE lAST DESCRIBED POINT; THENCE SOUTHERLY,
ALONG THE EAST BOUNDARY OF SAID TRACT 'B' AND THE ARC OF SAID CURVE, HAVING A
RADIUS OF 550.00 FEET, A CENTRAL ANGLE OF 19"48'03", FOR AN ARC DISTANCE OF 190.07
FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE WITHIN THE CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA,
CONTAINING 3,900 SQUARE FEET OR 0.090 ACRES, MORE OR LESS.
NOTE: BEARINGS SHOWN HEREON ARE BASED ON THE SAID PLAT OF GLENDALE, THE
EASTERN-MOST SOUTH BOUNDARY BEARS SOUTH 119"57'54" WEST.
CERTIFICATE:
WE HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO CHAPTER 81G17-
8 (FLORIDA ADMINISTRATIVE CODE), MINIMUM TECHNICAl. STANDARDS FOR LAND
SURVEYING IN THE STATE OF FLORIDA AS ADOPTED BY THE DEPARTMENT OF BUSINESS
AND PROFESSIONAL REGULATION, BOARD OF PROFESSIONAL LAND SURVEYORS IN
SEPTEMBER, 1981, AS AMENDED, PURSUANT TO CHAPTER '472.027 OF THE FLORIDA
STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF OUR K WLEDGE AND BELIEF.
OCIATES, INC.
FlR~ffl~
GINAL RAISED &EAL
LORIDA LICENS' SURVEYOR AND
. DOUGLAS M. DAVIE
PROFESSIONAL SURVEYOR AND MAPPER NO. 4343
STATE OF FLORIDA
This sketch I. not valid without the signature and the
original 8881 of 8 Florida licensed surveyor and mapper.
APR 0 6 ZOOS
SHEET 1 OF 2
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(iJ CRAVEN -THOMPSON & ASSOCIATES, INC.
E" ENGINEERS . PLANNERS . SURVEYORS
11I.:. 3563 N.W. 53RO SlREET FORT LAUDERDALE, FLORIDA 33309 (954) 739-6400
FAX: (954) 739-5409 ,
ltQli: 1loftS IS SI A SKETQt t:F SURW;Y, but DIlly II ~ depl'dfan
Fa<: CITY OF A VENTURA 0flIi. _..... -- ",......... ... Gold - ........ of
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SKETCH TO ACCOMPANY DESCRIPTION
, ROADWAY DEDlCA nON, (SOUTHEAST) .-'
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LEGEND:
R..- 'RADIUS
L - LENG1H ' ,
A - CENlRAL .ANGLE '
, '~ - CENlERUNE '
, /1'1
.1/ J
" I
Ij I
I I'
I I
I I
I I
I I
I I
I I
I I
N.W. CORNER'lRACT "A", I I ' 81SCA'lNE COJ.tMERClAL
PORT v.IWAN SU9DII.1SlC>>l I I PLAT BOOK 1<1-3, PAGE 38 '
I I MIAMI-DADE COUNTY RECOROS "
I I ' .. ,','
''-1
'/"/
(, I ','- . NOR~ BOUNDARY
I- I ' . ClI',1RACT 'A'
../ .~
/' I.
//. ~ RADIAL AT 1HIS POINT
,/' ~/.. ~O'~"E .
R=I34.00'
bo06"51'13"
L-16.05'
,TRACT ~C"
TRACT, ~B"
BISCA 'fNE COMMERCIAL
PLAT BOOK.. H3, PAGE,,3B ", _
MIAMI-DADE. COUNn' .RECOI!DS, :,.-"
.. ,.'
.. '
"',-::',:.r..:" . ::
\.;'.....
1;-,
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TRACT -A"
R-I50.00' .-
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1.-17.0tl'
R-550.nD'
bo31'D~OO.
L-2.9.18'
\\BT BOUND
or TRACT "A'
16'_n. R-534.00'
-"'b0:28"29'Q3"
L-2115.47
TRACT 'A'
PORT \\IWAMS SU DIVISION
PLAT BOOK 127, AGE <16
MIAMI-DADE COWN RECORDS
S69'S9'2S"E
GLENDALE
PLAT BOOK 127, PAGE 64
_ MIAMI-DADE COUNTY RECORDS
TRACT .A.
(NON-RACIAL)
S44"21'32"'E
34.91'
POINT OF BEGINNING
SOUTHI'oEST CORN
lRACr 'A' (RADIAL)
N8il'5754"'E
41.00'
N.E. 183rd STREET lWD..LIAMS ISLAND BL VOl
CRJc:HT-(lF-WAYVAR!ES1
UPDATES and/or R~S100S
SHEET 2 OF 2 SHEETS
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DAlm 4/4/05
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(jj- CRAVEN -THOMPSON & ASSOCIATES, INC.
ENGINEERS . PLANNERS . SURVEYORS
'btt.-r' 3563 N.W. 53RD STREET FORT LAUDERDALE. FLORIDA 33309 (954) 739-6400
r;J1 . FAX: (954) 739-6409
,
FOR, CITY OF AVENlURA
8
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of Ute .....tIan "'"" h~ Th_ hM b~ no n.ld work. w.wrn, of
tfI. .ubjlct prafl<<'t)l. ar monumenb Mt Iq eonnKtIon .Un th. pr~tlon
of tho "'(Clf'II'tGtbl thown h-.an.
SKETCH TO ACCOMPANY DESCRIPTION
ROADWAY DEDICATION (SOUTHWEST)
MIAMI GARDENS DRIVE
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LEGEND:
R - RADIUS
L - LENG1H
IJ. - CENTRAL ANGLE
~ - CENIERUNE
TRACT -B"
BISCA~E COMMERCIAL
PLAT BOOK 143, PAGE 38
MIAMI-DADE COUNTY RECORDS
TRACT "A"
S891lS'25"E
20.14'
R-56S.M'
6016'4:1';0"
L-165.6T
GLENDI\LE
PlAT BOOK 127. PAGE 64
MIAMI-DADE COUNTY RECORDS
TRACT "A"
RADlAL- AT 1H15 POINT
S8T3T22''E
N46'O'16"E '
34.60'
S8S"!i7'54"W 4J.47'
SOU1H BOUNDARY
TRACT 'B'
UPDATES and/or RE'II1SONS DATE
JOB NO.: 01-0103-02 DRA'MII BY: 0"'0
1/ I
1/ J
" I
'I I
N.W. CORNER TRACT "A"
PORT W1UJAM SUBOl\llSlON
TRACT "c"
BISCA~E COMMERCIAL
PLAT BOOK 143, PAGE 38
MIAMI-DADE COUNTY RECORDS
, ..
NOR1H BOUNDARY
OF TRACT 'A'
RADIAl. AT lHlS POINT
S70'4'03''E
-TRACT 'A'
PORT W1UJAMS SU ol\llSlON
PLAT BOOK 127. AGE 46
MIAMI-DADE COUNT RECORDS
EAST BOUNDARY
OF TRACT 'B'
R_550.M' SOU1H OUNoARY
bolS"48'03" OF TRA T 'A'
L-19o.0T
NE_ 183rd STREET (WILLIAMS ISLAND BL YDJ
lRIGHT..()F'-WAYVARlESJ
POINT OF BEGINNING
SOUlHEAST CORNER
TRACT 'B'
SHEET 2 OF 2 SHEETS
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AFFORDABLE COMKUNITY HOUSING
TRUST-ALPHA, INC.
DESCRIPTION: ROADWAY DEDICATION (SOUTHEAST)
A PORTION OF TRACT' A', PORT WILUAMS SUBDMSION, ACCORDING TO THE PLAT THEREOF,
AS RECORDED 'IN PLAT BOOK 1%1. PAGE <IS, OF THE PUBUC RECORDS OF M1AM~DADE
COUNTY. FLORIDA, DESCRIBED AS FOLLOWS.
BEGINNING AT THE SOUTHWEST CORNEll OF SAlO ,TRACT' A', SAID POINT BEING ON THE ARC
OF A CURVE CONCAVE EASTER\.Y, WHOsE RADIUS POINT, BEARS NORTH 89"57'54" EAST ,
FRDM SAID POINT OF BEGINNING; THENCE NORTHERLY AND NORTHEASTERLY. ALONG THE
ARC OF SAID CURVE, HAVING A RADIUS OF sso.oo FEET. A CENTRAL ANGLE OF 31"10'00" FOR
AN ARC DISTANCE OF 2lIII.1t FEET TO THE POINT OF COMPOUNO CURY ATURE OF A CURVE
CONCAVE SOUTHEASTalLY, THENCE 'NORTHEASTERLY, ALONG THe ARC OF SAID CURVE,
HAVING A RADIUS OF 150.00 FEET, A CENTRAL ANGLE OF ll"2ll'37", FOR AN ARC DISTANCe OF
17.00 FEET, THE LAST TWO (2) DESCRIBED COURSES BEING ALONG THE WEST BOUNDARY
OF SAID TRACT "A'; THENCE SOUTH ~8'18. EAST, A DISTANCE OF 1tL03 FEET: TO A POINT:
ON THE ARC OF A CURVE CONCAVE SOUTHEASTERLY, WHOSE RAOIUS POINT BEARS SOUTH,
52'00'23' EAST, FROM THE LAST DESCRIBED POINT; THENCE SOUTHWESTERLY, ALONG THE
ARC OF SAID CURVE, HAVING A RADIUS OF 134.00 FEET, A ceNTRAl. ANGLE OF 6"51'43', FOR
, AN ARC DISTANCE OF 16.05 .f'EET; TO THe POINT OF COMPOUND CURY ATURE OF A CURVE
CONCAve SOUTHEASTER\. Y; THENCE SOUTHWESTERI. Y AND SOUTHERLY, ALONG THE' ARC
OF SAID CURVE, HAVING A RADIUS OF S34.OO FEET, A CENTRAL ANGLE OF 28'29'03', FOR AN
ARC DISTANCE OF 265.47 FEET, THE LAST TWO (2) DESCRIBED COURSES BEING 16.00 EAST
OF AND CONCENTRIC WlTH,SAID WEST BOUNDARY; THENCE SOUTH 44"Z1':12" EAST, A
DISTANCE OF 34.94 FEET; THENce SOUTH 89"57'54' WEST, ALONG THE soutH BOUNDARY OF ,
SAID TRACT 'Ar, A DISTANCE OF 41.00 FEET TO THE POINT OF BEGINNING.
SAlO LANDS SITUATE WITHIN THE crrv OF AVENTURA, MIAMI-DADe COUNTY, FLORIDA.
CONTIANING 5,29fl SQUARE FEET OR 0.122 ACRES MORE OR LESS. '
NOTE: BI!ARINGS' SHOWN HEllEON AREllASED ON SAID PLAT OF PORT W1L1.1AMS
SUBDIVISION, THE NORTH BOUNDARY OF sAlIi TRACT 'A' BEARS SOUTH 89'&9'26" EAST.'
CERTIFICATE:
.
. ,;
, WE HeREBY, CERTIFY-rHATTHIS DESCRIPTION AND sKETCH CONFORMS TO CHAPTER 81017-
6 (FlORIDA ADMINISTRATIVE CODE)" MINIMUM Tl!CHNICAL STANDARDS FOR LAND
, SURVEYING IN THE STA'I'E OF FLORIDA AS-ADOPTED,BY THE DE~ARTMENT OF BUSINESS
AND PROFESSIONAL REGULATION. BOARD Of PROFeSSIONAL LAND, SURVEYoFill IN
'SEPTEMBER, 1981, 'AS, AMENDED, 'PURSUANT TO CHAPTER 472.027 OF THE RoORlDA
STATUTES; AND IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BEUEF; ,
CRAVEN'THOMPSoN '
CERTIFICATE OF
, THIS SKETCH I -
SlGHATU
pftO~SURVet6lt'~ ""'"PER NO. 4343
STATE OE'R.oRlDA
THIS SIQ5TCH IS NOT V AWD witHOUT THE SIGNATURE
AND THE ORIGINAL SEAL OF A RoORlDA UCENSED
SURVEYOR AND M.v'PER.
APR 0 8 ZUOS
SHEET 1 OF 2
N:'ICericallJOBS\2OQ1'Dl-01~ROM1WAYOIEDICATION.doc .
enatedon 4f4r.Z00511:08."tIOAM
-
':;
A VENTURA LAND INVESTMENTS, LP
. ."
DESCRIPTION: ROADWAY DEDICATION (EAST)
A PORTION OF TRACT.... PORT WIWAMS SUBDIVISION. ACCORDING TO THE; PLAT THEREOF.
AS RECORDED IN PLAT BOOK 127, PAGE 4& OF THE PUBUC RECORDS OF MIAMI.DADE
COUNTY, FLORIDA, DESCRIBED AS FOLLOWS.
BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT 'Jll; THENCE SOUTH BlffilI2lr EAST
ALONG THE NORTH BOUNDARY OF SAID TRACT 'f/, A DISTANCE OF 16.00 FEET: THENCE
SOUTH OOlXl3Il'WEST, ALONG A UNE 18.00 FEeT EAST OF, AS MEASURED AT RIGHT ANGLES
TO, AND PARALLEL WITH, THE WEST BOUNDARY OF SAID TRACT 'PI, A DISTANCE OF 10.87
FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY; THENCE
SOUTHERLY AND SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF
158.00 FEET, A CENTRAL ANGLE OF 511'42S3' FOR AN ARC DISTANCE OF 182.&9 FEET TO THE
POINT OF REVERSE CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY: THENCE
SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 134-00 FEET, A
CENTRAL ANGLE OF 21'4:r44' FOR AN ARC DISTANCE OF 50.82 FEET, THE LAST TWO (2)
DESCRIBED COURSES BEING 16.00 FEET EAST OF. AND CONCENTRIC WITH, THE WEST
BOUNDARY OF SAIO TRACT 'Jll; THENCE NORTH 55"2IM8'WEST, ALONG A NONoT ANGENT LINE,
A DISTANCE OF 18.03 FEET TO A' POINT ON THE ARC OF A CURVE CONCAVE
SOUTHEASTERLY, WHOSE RADIUS POINT BEARS SOUTH 62"22'29' EAST FROM THE LAST
DESCRIBED POINT: THENCE NORTHEASTERLY, ALONG THE ARC OF SAID CURVE, HAVING A
RADIUS OF 150.00 FEET, A CENTRAL ANGLE OF 22'llIi57', FOR AN ARC DISTANCE OF 57.B8 FEET
TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE NORTHWESTERLY; THENCE
NORTHEASTERLY AND NORTHERLY, ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF
140.00 FEET, A CENTRAL ANGLE OF &9'4253', FOR AN ARC DISTANCE OF 145.91 FEET TO THE
POINT OF TANGENCY: THENCE NORTH 0lJ'0II35' EAST, A DISTANCE OF lD.87 FEET TO THE
POINT OF BEGINNING, THE LAST THREE (3) DescRIBED COURSES BEING ALONG SAID WEST
BOUNDARY.
SAID LANDS SITUATE WITHIN THE CITY OF AVENTURA, MIAM~DADE COUNTY, FLORIDA.
CONTAINING 3,512 SCUARE FEET OR 0.011 ACRES, MORE OR LESS.
NOTE: BEARINGS SHOWN HEREON ARE BASED 011 SAID PLAT OF PORT W1LUAMS
SUBDMSION, THE NORTH BOUNDARY OF SAID TRACT 'PI BEARS SOUTH 8ll"BlI25'EAST.
CERTIFICATE:
WE HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO CHAPTER 81 G17.
8 (FLORIDA ADMINISTRATIVE CODE), UINIIIUM TECHNICAL STANDARDS FOR LAND
SURVEYING IN THE STATE OF FLORIDA AS ADOPTED BY THE DEPARTMENT OF BUSINESS
AND PROFESSIONAL REGULAnON, BOARD OF PROFESSIONAl LAND SURVEYORS IN
SEPTEMBER, 1ll81, AS AMENDED, PURSUANT TO cuAJ>reR 472.027 OF THE FLORIDA
STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BEUEF.
APR 0 6 2005
SHEET1 OF2
N:\CIIrfcaf\JOBS\2OOl\01.o1~ ROADWAY DElJlCA11ON.dOc
c...... on 4IS/2OO!i 1:47:00 AM
OIl"","",
(jj
CRAVEN -THOMPSON & ASSOCIATES, INC.
ENGINEERS . PLANNERS . SURVEYORS
3563 N.W. 53RD S'TRrrT FORT LAUDeRDALE:, n..ORIDA ~3309 (~54) 73~-:S400
FAX, (954) 739--60\09
FOR, CITY OF A VENTURA
. JmII:: 1KS IS .wI A stCEJQi Of" SUR\IEY. but my II graphic dtlPlCtlci!
ofth. ~ --'n_lIMnotuub.-. no tr.Id-w. ~ tit
tII. 1IUb}M:t ~ or tnClt'Ul'Mna _ In _,,~ with th. pnpwatfllll
01 Ul. Infcnilotlon iIh_ "'-'-
SKETCH TO ACCOMPANY DESCRIPTION
ROADWAY DEDICATION (EAST PARCEL)
~
M1AMl~DRlVE:
i:I
i:I
~
~
&l
LEGalD,
R - RADIUS
L - LENGTH
A - CENTRAL ANGLE
'f - CENlERUNE
TRACT -B"
POINT Of' BEGlNIltKl
N. w. CORNER TRACT "A'
PORT 'MWAN SUBOl\llSlON
N<X1OO'311"E
lD.ll7'
R-140.00'
ba59'42'?3"
-
81SCA YNE CQI,lMERClAL
PLAT BOOK 143, PAGE 36
MIAWI-DADE COUNTY RECORDS
R-150.00'
TRACT "A' bo22'1J5'57-'
L-57..ae'
RADIAl AT~-dgl1l
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UPDAlE'S and/or RE'ASJatlS DA.TE
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DRA.YIoI BY: DUD
EXHIBIT "C"
RIGHT OF WAY DEEDS
.'
This instrument Prep....,d by
and after recording return to:
Steven W. Zelkowitz, Esq.
Weiss Serota Helfman Pasloriza
Cole & Boniske P.A.
2665 South Bayshore Drive
Suite 420
~,F1orid. 33133
TeL: (305)854-0800
Property Appraiser's Parcel
Folio No. 28-2203-<J41-0020
RIGHT OF WAY DEED TO CITY OF A VENTURA
CONVEYS THE TITLE FOR PUBLIC ROADWAY PURPOSES
THIS INDENTURE, made this ~ day of ~~_~ 2005, by b........,.t....1INE
,,- ..., 1"I1~ a Florida coIpOt'ation, whose post office address is 999 Brickell Bay
Drive, Suite 1801, Miami, Florida 33131, party of the first part, and the CITY OF
A VENTURA, a Florida municipal coIpOration, having an address at 2999 N .E. 191 Street, Suite
500, Aventura, Florida 33180, and its successors in interest, party of the second part,
WIT N E SSE T H:
That the said party of the first part, for and in ,consideration of the sum of One Dollar to it
in hand paid by the party of the second part, receipfwhereof is hereby acknowledged, and for
other and further good and valuable considerations, does hereby grant, bargain and sell to the
party of the second part, and its successors in interest, for the purpose of a public roadway and
purposes incidental thereto, the following described land, situate, lying and being in the County
of Miami-Dade, State of Florida, to-wit:
See Exhibit "A" attached hereto and by this reference made a part hereof.
It is the intention of the party of the first part by this instrument to convey to the said
party of the second part, and its successors in interest, the land above described for use as a
public roadway and for all purposes incidental thereto.
The conveyance provided for in this instrument shall be deemed to satisfy the
requirements of Section 3l-76(i)(I) of the Aventura Code of Ordinances, and the party of the
f!fst part, through this conveyance, shall retain all rights due to it under Section 3l-76(i) of the
Aventura Code of Ordinances.
It is expressly provided that if and when said roadway shall be lawfully and
permanently discontinued, the title to the said above described land shall immediately revert to
the party of the first part, its successors and assigns, and it or they shall have the right to
immediately re-possess the same,
And the said party of the first part will defend the title to said land against the lawful
claims of all persons whomsoever, claiming by, through or under it.
IN WITNESS WHEREOF, the said party of the first part, has executed this
instrument the day and year first above written.
Signed, Sealed, Attested
And delivered in our pr
Print Name:
18305 BISCAYNE BOULEVARD,
INC., a Florida co 0 'on
^ <>' .....b
~
Name: .Jo
Title:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
.'
S. THE 170REGOING INSTRUMENT was ack;powledged before me this 1 day of
c.rt-___......,. , 2005, by \S'......."""'....... \'..\;.lr..... 6 ,as ~(C.t>,d..(\lt-
of 18305 BISCAYNE BOULEVARD, INC., a Florida corporation, who is check one) [-....'J'
personally known to me [ ] or has produced , as
identification.
V'--
NOTARY PUBLIC, STATE OF FLORIDA
!fA-
L
My Commission Expires:
~ a\. 0eIi0r0h Mo... IId.a
. ~. . My Co\11IIiIIioo C0212l2'1
",,..1 expkII Me\' 1~. 2007
2
Thls instrument Preparedby
and after recording return to:
Lillian Arango de ]a Hoz, Esq.
Weiss Serota Helfman pastoriza
Cole & Booiskc P .A.
2665 South Bayshore Drive
Suite 420
Miami, Florida 33133
Tel: (305)85~800
Property Appraiser's Parcel
Folio No; 28-2203-040-0010
RIGHT OF WAY DEED TO CITY OF A VENTURA
CONVEYS THE TITLE FOR PUBLIC ROADWAY PURPOSES
THIS DEED, made this 2.St:: day of r"'-pr.,.......G€'~ , 2005, by~.lm1r.~
.e05lMtINn:"HQUSINQ. TRlJSl\' - A.IoP~ ~; a California nonprofit corporation,
whose post office address-iSom-rtariviera Drive, Sacramento, California 95826(hereinafter the
"Grantor"), and the CITY OF A VENTURA, a Florida municipal corporation, having an address at
2999 N.E. 191 Street" Suite 500, Aventura, Florida 33180, and its successors in interest,
(hereinafter the "Grantee'').
WITNESSETH:
That the Grantor, for and in consideration of the sum of TEN AND 00/100 DOLLARS
($10.00), to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, and for
other and further good and valuable considerations, does hereby remise, release and quitclaim to
the Grantee, and its successors in interest, for the pmpose of a public roadway and pmposes
incidental thereto, its inierest i.u the following described land, situate, lying and being in the
County of Miami-Dade, State of Florida, to-wit:
See Exhibit "A" attached hereto and by this reference made a part hereof (the "Property'').
The Property is granted subject to easements, covenants, restrictions and conditions
appearing of record or apparent upon an accurate survey and inspection of the Property. The
Grantee, and its successors in interest, hereby waive all claims against the Grantor, as they may
relate to the transfer of the Property.
The Grantor shall retain the right to maintain, use and repair existing utilities and
improvements as are currently installed on the Property, subject to the following requirements:
(i) Grantor shall provide Grantee with advance written notice of all intended maintenance or
I.
repair work to the Property, at least ten (10) days prior to the commencement of the work; and
(ii) attainment of all applicable approvals and permits from the City of A ventura. The Grantor
shall further retain the right to install new utilities and improvements on the Property, as
necessary to serve the Grantor's adjacent property, subject to the following requirements: (i)
Grantor shall provide Grantee with advance written notice of all intended new utilities or
improvements, at least ten (10) days prior to co=encement of the work; and (ii) approval and
permitting as applicable of such intended new utilities or improvements by the City of A ventura.
The installation of lighting or signage improvements on the Property by the Grantor is expressly
prohibited.
It is the intention of the Grantor by this instrument to convey to the Grantee, and its
successors in interest, the Property for use as a public roadway and for all purposes incidental
thereto.
! It is expressly provided that if and when said roadway shall be lawfully and permanently
discontinued, the title to the Property shall immediately revert to the Grantor, its successors and
assigns, and it or they shall have the right to immediately re-possess the same.
IN WITNESS WHEREOF, the Grantor has executed this instrument the day and year
first above written.
GRANTOR:
Signed, Sealed, Attested
And delivered in our presence:
AFFORDABLE COMMUNITY
HOUSING TRUST - ALPHA, INC.,
a California nonprofit corporation
B~~-
N e:~cll.-, "1.I"-'1-4'""C"'l'-\o
Title: ~""C..~'I -"'l.-. 'V, '("..f.....,,-ur
~7
Print Name: '),flu. ,J, ft.IL
2
STATE OF California )
COUNTY OF~..~-l-o )
THE FOREGOING INSTRUMENT was acknowledged before me this "2.'S ~ day of
<G-~ . 200S, by J'C1-1.-J (-0... /Io"I.A... c "'I~O . as ~<:.Oi"H.T.r of
AFFORDABLE COMMUNITY HOUSING TRUST - ALPHA, INC., a California nonprofit
corporation, who is ( check one) [ ] personally known to me [ ] or has produced
u<L'F "I" "". ,o"'.~ . u~ E}>----
NOTARY PUBliC, STAlE OF CALIFORNIA
My Comm;!lSion Expires:
.g- 2-\. - oC,
SCOTT THORESON
~~#1602137 Gl~
~-, PUBI,Jc. WORMA
SACRAMENTO COUNTY 0
COltIl. EXI'fRfS AUG. 21, 2009 M
l.
I
I
~.
:"
r
3
This instrument Prepared by
8Dd after reeordiDg return to:
Ullian Anmgo de Ia Hoz, Esq.
Weiss Scrota Helfman Pastoriza
Cole & Boniske P.A.
2665 South Bayshore Drive
Suitc420
Miami, F10rida 33133
Tel.: (305)8~800
Property Appmiser's Parcel
Folio No. 28-2203-040-0020
RIGHT OF WAY DEED TO CITY OF AVENTURA
CONVEYS THE TITLE FORPUBUC ROADWAY PURPOSES
TInS INDENTURE, made this 7th day of October, 2005, by AVEN"nl'.RA:
LAND INVES'FMENTS,-CP;, a Florida limited partnership, whose post office address is 2777
N.E. 183m Street, Aventura, Florida 33160, party of the first part, and the CITY OF
A VENTURA, a Florida municipal COIpo1'lltion, having an address at 2999 N.E. 191 Street, Suite
500, Aventura, Florida 33180, and its successors in interest, party of the second part,
WITNESSETH:
That the said party of the first part, for and in consideration of the sum of One Dollar to it
in hand paid by the party of the second part. receipt whereof is hereby acknowledged, and for
other and further good and valuable considerations, does hereby grant, bargain and sell to the
party of the second part, and its successors in interest, for the purpose of a public roadway and
purposes incidental thereto, the following described land, situate, lying and being in the County
of Miami-Dade, State of Florida, to-wit
See Exhibit "A" attached hereto and by this reference made a part hereof.
It is the intention of the party of the first part by this instrument to convey to the said
party of the second part, and its successors in interest, the land above described for use as a
public roadway and for all purposes incidental thereto.
It is expressly provided that if and when said roadway shall be lawfully and permanently
discontinued, the title to the said above described land shall immediately revert to the party of
the first part, its successors and assigns, and it or they shall have the right to immediately re-
possess the same.
T.-.-~
And the said party of the first part will defend the title to said land against the lawful
claims of all persons whomsoever, cJ~;m;ng by, through or under it.
IN WITNESS WHEREOF, the said party of the first part, has executed this instrument
the day and year first above ~tteJL
Signed, Sealed, Attested
And delivered in our presence:
A VENTURA LAND
INVESTMENTS, L.P.,
a Florida limited partnership
~ -7l
.-:? //~ L
Print Name: -::u~u-~ ~ ~Cv--
r...~r
By: Jf ~(
Name: David Tessler
Title: Pres i dent
~~
Print Name: '\'\ \.e~ s ~.........
STATE OF ILLINOIS )
COOK COUN1Y )
I nm F~REGOING INS~ was acknowled.ged before me this~ 'lay of
(J~ .2005, by ~ -f<"7S\.t.1/ . as ~
of A VENTIJRA LAND INVESTMENTS, L.P., a Florida limited partnership, who is (check one)
[ )<:? personally known to me [ ] or has produced
( ~ . as identification.
My Commission Expires: B ~ 10<0
.......0.................
: "OFFICIAL SEAL" :
: KAREN K. USMILLER :
: Nolary Public, Slale of Illinois :
. My Commission Expires 08/26/060
o 0
.........................
2
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
City Commission ~
Eric M. Soroka, ICMA-CM, Ci anaer
~ ~.
April 25, 2006
TO:
DATE:
SUBJECT:
Resolution Supporting the State of Florida Department of Elder
Affairs' Communities for a Lifetime Initiative
May 2,2006 City Commission Meeting Agenda Item S ~))
As requested by Mayor Susan Gottlieb at the April Workshop Meeting, attached is a
Resolution supporting the State of Florida Department of Elder Affairs' Communities for
a Lifetime Initiative.
EMS/act
Attachment
CC01485-06
RESOLUTION NO. 2006-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, SUPPORTING THE
STATE OF FLORIDA DEPARTMENT OF ELDER AFFAIRS'
COMMUNITIES FOR A LIFETIME INITIATIVE AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Florida Department of Elder Affairs' has instituted the
Communities for a Lifetime initiative to make Florida a friendlier place to live for people
of all ages, that they may be as independent as long as possible, and remain in their
homes and in the communities they love; and
WHEREAS, the State of Florida has the highest percentage of elders of any
state in the nation and our elder population will continue to increase, reaching numbers
without precedent in the first part of the XXI Century; and
WHEREAS, in order to allow all residents to maintain their dignity, security and
independence, communities must evaluate, assess and modify their infrastructures to
become a Community for a Lifetime; and
WHEREAS, the City of Aventura and the Florida Department of Elder Affairs
share the vision and responsibility to improve the life of all citizens so they can prepare
for and enjoy aging in place throughout their life; and
WHEREAS, in order to achieve our mutual goals, cities and counties should
begin to build together a place free of physical, emotional, and social barriers.
-_.,~.,._.--._.---
Resolution No. 2006-_
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City of Aventura supports the Florida Department of Elder
Affairs' Communities for a Lifetime initiative to make Florida a friendlier place to live for
people of all ages, that they may be as independent as long as possible, and remain in
their homes and in the communities they love; and
Section 2. The City of Aventura will make every effort to evaluate and remove
barriers to create a Community for a Lifetime.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Vice Mayor Luz Urbaez-Weinberg
Mayor Susan Gottlieb
Resolution No. 2006-_
Page 3
PASSED AND ADOPTED this 2nd day of May, 2006.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPRrED AS TO LE~AL SUFFICIENCY:
CITY ATT~
STATE OF FLORIDA
OOfficc of t~c Iliicutcnant ~oucrnor
TONI JENNINGS
LT. GOVERNOR
THE CAPITOL
TALLAHASSEE. FLORIDA 32399-000]
www.flgov.com
850-488-4711
850-921-6114 fax
April 4, 2006
Mayor Susan Gottlieb
City of Aventura
19200 W. Country Club Drive
Aventura, FL 33180
Dear Mayor Gottlieb:
It is my pleasure to join Elder Affairs Secretary Carole Green in recognizing May 2006
as Older Americans Month. In the enclosed letter, Secretary Green presents a compelling
case for supporting the Communities for a Lifetime (CFAL) initiative established by
Governor Jeb Bush and the Florida Cabinet.
By adopting a CF AL Resolution, your community will be taking the first step toward
assuring a quality life experience for all Floridians, particularly our valued seniors.
I hope you will give favorable consideration to this excellent opportunity to celebrate
Older Americans Month through participation in the CF AL initiative.
v[Z:~
Toni Jennings
mc
Enclosure
)
1':0 Governor's Mentoring Initiative
f' BE A MENTOR. BE A BIG HELP.
\0~ l-I\OO.H25-37H6
DEPARTMENT OF
ELDER
AFFAIRS
STATE OF FLORIDA
JEB BUSH
GOVERNOR
CAROLE GREEN
SECRETARY
4040 ESPLANADE WAY
TALLAHASSEE,
FLORIDA 32399-7000
phone 850.414.2000
fax 850.414.2004
TDD 850.414.2001
April 4, 2006
Mayor Susan Gottlieb
City of Aventura
19200 W. Country Club Drive
Aventura, FL 33180
Dear Mayor Gottlieb:
As Older Americans Month (May 2006) approaches, it is appropriate to focus on the
fact that Florida demographics are rapidly changing. The facts are:
. Very soon, for the first time in history, the number of older people in our
nation will exceed the number of children; and,
. The aging baby boomer generation, currently 26 percent of Florida's
population, is here! They will affect our communities in a very real way.
Still, I am concerned that communities are not properly preparing so individuals can
age in place with a sense of dignity, security and purpose. For this reason, I challenge
you and your community, during Older Americans Month, to follow the examples of
more than 77 other Florida communities and pass a resolution in support of the
Governor and Cabinet's statewide initiative, Communities for a Lifetime (CF AL).
Communities for a Lifetime serves as a catalyst and provides information and
technical assistance for communities to begin addressing a variety of challenges they
will face with the future of an aging population - challenges and opportunities in
areas such as housing, health care, transportation, community development, senior
employment, volunteer education opportunities and recreation. The Florida League of
Cities and the Florida Association of Counties both endorse this initiative, and as a
respected community leader, your help is needed!
Elder residents are extremely valuable assets to your community, both socially and
economically. Annually, Florida's elder population contributes and represents:
. 7.5 million volunteer days to our communities,
. $135 billion in spending power,
. $3.5 billion in donations to charities,
. $2.8 billion in net tax benefit,
. $1 billion in local school taxes, and
· VOTES (in the 2002 statewide general election, 39 percent of total voters
were age 60 and older).
Creating a Community for a Lifetime is a process that ideally will involve the entire
community, but the first step in the process begins with you. By passing a CF AL
resolution, you will demonstrate to the seniors and other residents of your community
that you are committed to making a difference in the lives of not only the older
adults, but all residents in your community.
http://elderaffairs.state.fI.us
Communities for a Lifetime
Page 2
How do you begin the process of creating a Community for a Lifetime? Your local government:
· Passes a resolution in support of the initiative and notifies the Department of Elder
Affairs (DOEA);
· Forms a committee to assess and inventory quality oflife elements that are important
for senior independence and care, and encourages residents to remain in the
community throughout their entire lifetime (this inventory can be used to market the
community to current residents and potential newcomers);
· Identifies areas in need of attention and incorporates them into a community action
plan with a timeline for completion;
· Sends completed inventory to DOEA for review and recommendations; and
· Develops strategies to initiate partnerships and collaborations to address identified
needs.
Communities for a Lifetime is not intended to impose additional financial burdens on
participating communities, but rather assists local elected officials, community leaders and
residents in working together to plan the most effective use of existing resources. For more
information about becoming a participating Community for a Lifetime, please contact Sunny
Phillips, Department of Elder Affairs, at (850) 414-2058.
I sincerely hope that you will accept this invitation and use it as a starting point to help your
community flourish and achieve its full potential by embracing our seniors and truly creating
a Community for a Lifetime where everyone benefits.
Sincerely,
~~
Carole Green
Secretary
Enclosure: Communities for a Lifetime Toolkit (sample CF AL resolution included)
--.-.--r-.--.....
Q
SAMPLE RESOLUTION
Whereas, _(community's name) _ supports the Florida Department of Elder Affairs' Communities
for a Lifetime initiative to make Florida a friendlier place to live for people of all ages, that they
may be as independent as long as possible, and remain in their homes and in the communities
they love~ and
Whereas, the State of Florida has the highest percentage of elders of any state in the nation and
our elder population will continue to increase, reaching numbers without precedent in the first
part of the XXI Century~ and
Whereas, in order to allow all residents to maintain their dignity, security and independence,
communities must evaluate, assess and modify their infrastructures to create a Community for a
Lifetime; and
Whereas, _(community's name) _ and the Florida Department of Elder Affairs share the vision
and responsibility to improve the life of all citizens so they can prepare for and enjoy aging in
place throughout their life; and
Whereas, in order to achieve our mutual goals, cities and counties should begin to build together
a place free of physical, emotional and social barriers,
BE IT HEREBY RESOLVED that our community, will make every effort to first evaluate and
later remove barriers to create a Community for a Lifetime.
For more information on the Communities for a Lifetime initiative, contact Sunny Phillips
with the Florida Department of Elder Affairs at 850/414-2058, visit the Web site at
www.communitiesforalifetime.org or e-mail communities@eldera(fairs.org.
FLORIDA DEPARTMENT OF ELDER AFFAIRS
C:OJ1lm~n~i12~
Pt
. B. L. U . E. p. R.I. N .T.
If you are planning for a year, sow rice;
If you are planning for a decade, plant trees;
If you are planning for a lifetime, educate people.
- CHINESE PROVERB
DEPARTMENT Of
ELDER
AFFAIRS
STATE OF FLORIDA
EB BUSH, GOVERNOR
GREEN, SECRETARY
FLORIDA DEPARTMENT OF ELDER AFFAIRS
COMMUmTIffiFORAUffiTINrn
'S'L'U'E'P'R'I'N'T'
Building Communities for the Future
What is the Communities for a Lifetime initiative?
Communities for a Lifetime is Governor Jeb Bush's statewide initiative that assists Florida cities,
towns and counties in planning and implementing improvements that benefit the lives of all their
residents, youthful or senior. This initiative recognizes the diverse needs of residents and the unique
contributions individuals can make to their communities. Participating Communities for a Lifetime
use existing resources and state technical assistance to make crucial civic improvements in such areas
as housing, health care, transportation, accessibility, business partnerships, community education,
efficient use of natural resources, volunteer opportunities and recreation. Participation in the initiative
is strictly voluntary.
What is the goal of the Communities for a Lifetime initiative?
The goal of the Communities for a Lifetime initiative is to help Florida communities become better
places for seniors to live, providing all residents the opportunity to achieve their full potential and
contribute to the betterment of their communities.
FLORIDA
DEPARTMENT
o F
ELDER AFFAIRS
The ongomg process of self-assessment and Improvement can help a commUnIty achieve the
following goals:
· To create an inventory of services and opportunities that encourages independence and quality
oflife for older adults in your community. This inventory can be used to market the community
to current residents as well as potential newcomers.
· To initiate partnerships with a wide variety of sectors in the community (government, business,
not-for-profit and education) in order to promote the development of senior friendly com-
. . .
mUnIty amenltles.
Why is the state of Florida promoting
Communities for a Lifetime?
Communities for a Lifetime is intended to be a
resource for Florida communities challenged by:
· New technologies;
· A changing workforce and economy;
· Rapid population growth and the resultant strains
on community resources;
· Growth of the elder population as a result of new
residents and the aging of baby boomers;
· Inaccessible community facilities and resources;
· A fragile environment; and
· A desire for a community spirit that nurtures families and
promotes traditional intergenerational neighborhoods.
The capability of communities to respond to these and other challenges varies greatly. The state
of Florida recognizes that many communities are already planning and implementing innovative
practices that could serve as models for other communities struggling with these challenges.
Therefore, one function of the Communities for a Lifetime initiative will be to serve as a
clearinghouse of information for purposes of sharing "best practices" with all participating cities,
towns and counties. Communities for a Lifetime provides individual communities with the ability
to draw on the expertise of their state and local partners in planning to meet common challenges.
.
FLORIDA
DEPARTMENT
o F
ELDER
AFFAIRS
What is the Communities for a Lifetime initiative going to cost?
Partnerships created during a community evaluation process and strategic alliances initiated afterwards
can maximize existing funding and resources. Communities for a Lifetime is not intended to impose
additional financial burdens on participating Florida communities. The purpose of this initiative is
to assist local elected officials, community leaders and residents in working together to plan the most
effective use of existing funding to achieve Communities for a Lifetime goals and benefits.
How can residents create a Community for a Lifetime?
Creating a Community for a Lifetime is a process, taking time and requiring involvement by many
stakeholders and partners, including community leaders and interested citizens.
A brief outline of short-term community goals and suggested steps in the process includes:
· Local government passes a resolution or proclamation in support of the program and notifies
the Department of Elder Affairs;
· The community forms a committee to inventory and assess elements important for senior
independence and care;
· Upon completion of the self-assessment, the committee identifies areas in need of attention
and incorporates them into a community action plan with a timeline for completion;
· The completed inventory is sent to the Department of Elder Mfairs for review and recom-
mendations; and
· The community develops strategIes to Inmate partnerships and collaborations to address
identified needs.
What should be evaluated?
Participating Communities for a Lifetime review each area of the seven Areas of Discovery listed
below in relation to the initiative's vision and values:
PHYSICAL SPACES
Accessibility (Americans with Disabilities Act (ADA) standards) - accommodations have been made
to allow for individual mobility, regardless of functional impairments;
Housing - universal design - the design of products and environments to be usable by all people,
to the greatest extent possible, without the need for adaptation or specialized design;
· Energy efficiency in heating and cooling systems, appliances and lighting; and
· Use of environment friendly construction materials.
.,
FLORIDA
DEPARTMENT
o F
ELDER
AFFAIRS
SllIir lift
ItecIuus die risk.. a
IiIII 011 sleep stairs
0uIIilIe ....
PremJt aaidedIs
and delfr 1bIeYes
IIkdIm
~
lIIIIkts_easier
Doors
Lewr ImoIJs and
wide doorways
allow t'llS)' pII!IIIIllle
.....
IIeIps IIIlIkie die borne
_ 8DllflllibIe
Shopping - easily accessible shops, supermarkets and drugstores where employees take into con-
sideration the needs and preferences of older residents.
TRANSPORTATION
Accessibility - to goods and services means having available means of transportation that are
convenient and affordable;
· Synchronized traffic signal timing and upgraded crosswalks to improve pedestrian safety and
traffic flow patterns;
· Larger, easier to read signs;
· Encourage the use of environment friendly transportation modes, such as bicycles where
appropnate;
· Selection of energy-efficient mass-transit;
· Community designs reducing need for individual automobiles; and
· Consideration of older out-of-town travelers at major airports, train stations and bus terminals.
.
""'~__'~"~~';'d'..,~"" ~~.".~"-._,_~..""'~*._~".,, "",w.'""~ >, "".,."".'",_."*".._"~,"....___.. n "",~,....,_.."._.,.__._"_..__~".."
FLORIDA
DEPARTMENT
LAND USE
o F
ELDER AFFAIRS
Parks, trails, waterways, greenways - efficiently planned communities to maximize green space and
community areas while facilitating easy access to businesses and services;
. Regional planning aiming at accommodating
people with varied needs may reduce vehicle miles
traveled and could lead to improved air quality,
especially important to seniors and children;
. Efficient use of natural resources;
. Parking lot designs that are more aesthetically
pleasing and reduce water run-off;
. Energy efficient building and landscaping designs;
. Increased use of native plants in landscaping
leading to water conservation and less nutrient
runoff into waterways; and
. Walkable communities with improved sidewalk
accessibility, better lighting and neighborhood
watch organizations.
COMMUNITY DEVELOPMENT
Walkable communities have many benefits.
Business partnerships - public/private partnerships to enhance
the availability of consumer services;
Friendly businesses - enterprises that accommodate the needs
of people with special considerations, such as mothers with
strollers and people with walkers. Examples include expanding
the aisles, wider doorways and easily opened doors;
Employment - ample employment opportunities for people
of all ages allowing meaningful work to enhance the quality of
life. Some people prefer to continue working beyond retirement
age, while many others find it is a necessity;
Volunteerism - volunteers enhance their own lives as well as the
lives of those they serve. With committed volunteers, many
agencies and organizations can offer a wider variety of services
that would otherwise be unavailable; and
Safety - trained fire fighters and law enforcement officers
sensitive to the needs of elders and caregivers.
FLORIDA
DEPARTMENT
o F
HEALTH
Physical - access to timely health care services - including
medical and non-medical services - and opportunities to
pursue healthy living through use of community facilities
such as walking trails and parks; and
Mental - access to timely and age-appropriate mental health
services that complement health services to help keep the
population active and involved in the community.
EDUCATION
ELDER
AFFAIRS
Lifelong learning - living with vitality includes a spirit of continuous learning at all ages. Opportu-
nities to take classes and explore new subjects should be available for all residents.
· Crime prevention education - opportunities to learn about consumer safety and security from
advocacy groups and law enforcement personnel; and
· Health and wellness education - senior health fairs and educational events.
CULTURAL AND SOCIAL OPPORTUNITIES
Recreation - opportunities for leisure activities for people of all ages and with a variety of interests
including indoor and outdoor pursuits. Parks and other common areas are accessible to individuals
with varied disabilities;
Spiritual - residents can pursue spiritual growth and nurturing from the faith perspective of their
choice with confidence and without fear of reprisal; and
Intergenerational Activities - the purposeful bringing
together of different generations in ongoing and mutually
beneficial activities such as mentoring and volunteerism.
Youth and seniors share their talents and resources, support-
ing each other in relationships, which benefit the individuals
and the community.
Mter self-assessments of the seven Areas of Discovery have
been conducted, the Communities for a Lifetime initiative
will enter into its next phase, providing participating cities,
towns and counties with information and technical assistance
to plan and implement community modifications, services
and resources addressing issues identified in the self-
assessment.
I
FLORIDA
DEPARTMENT
o F
ELDER AFFAIRS
Where can we get assistance?
DEPARTMENT OF ELDER AFFAIRS' ROLE
Department of Elder Affairs staff members are available to help your community organize and facilitate
the Communities for a Lifetime process. Some of the areas the Department of Elder Mfairs may
assist communities include:
. Conducting special events with the Governor and/or Secretary of the Department of Elder Mfairs
participating when possible and appropriate;
. Providing a Communities for a Lifetime Blueprint (this document) and a variety of informa-
tion, materials and resources (local and state) to assist the community in the self-assessment
process. Items include the Communities for a Lifetime logo, sample proclamation and a
facilitator's guide;
· Awarding recognition certificates;
. Hosting conference calls and providing training opportunities for communities involved in the
process of assessment;
. Coordinating state level efforts and assistance in setting priorities on specific issues;
. Providing training, recognition and state support of local efforts;
. IdentifYing strategies and best practices of participating communities that promote semor
independence and care; and
. Maintaining Communities for a Lifetime Web site with contact and resource information.
Who are the stakeholders/partners and what are their roles?
Becoming a Community for a Lifetime requires teamwork and a partnership that has the commit-
ment of community leaders and residents. Initiating strategic alliances and collaboration of all sectors
of the community is critical. Through this partnership the community can identifY its strengths and
weaknesses and plan for its vision of the future. The establishment of local committees or coalitions
is necessary to reach this goal. Local communities must identifY and involve the stakeholders, potential
partners and organizations that can contribute to the process and are critical for success.
FLORIDA
DEPARTMENT
o F
ELDER
AFFAIRS
The following is a list of some of the recommended critical partners:
CHIEF ELECTED OFFICIAlS (CEO) - The CEO is the member of the governing body of a munic-
ipality or county or an elected county official chosen by the governing body of the community (i.e., the
mayor, city or county manager or other elected official). The commitment to become a Community for
a Lifetime begins with the support and leadership of local government.
BUSINESS LEADERS - Initiatives such as this one cannot succeed without the partnership of business
and business leaders who not only are committed to contributing back to the community but who
recognize the economic value and business sense of becoming a Community for a Lifetime.
REGIONAL PLANNING COUNCILS AND METROPOLITAN PLANNING ORGANIZATIONS _
Effective planning and development requires collaboration outside the boundaries of the local commu-
nity. Local communities and cities must work in conjunction with counties and regions. Services offered
by staff include technical planning assistance, grant and loan planning assistance, transportation plan-
ning assistance, emergency response planning assistance, economic development activities, community
visioning and more.
I
FLORIDA
DEPARTMENT
o F
ELDER
AFFAIRS
PLANNERS - Because local governments employ the majority of urban and regional planners, they
are often referred to as community, regional or city planners. Planners develop long and short-term
land use plans to provide for growth and revitalization of urban, suburban and rural communities
while helping local officials make decisions concerning social, economic and environmental problems.
DEVELOPERS, BUILDERS, ARCHITECTS - These are the professionals most often involved
with producing housing and other community facilities. Their involvement can result in creative,
cost efficient community and residential designs that meets current and future Communities for a
Lifetime needs.
Other groups, organizations or community disciplines involved in making a community one that
prepares for and values all of its residents include:
· Health care organizations and the medical community;
· Chambers of Commerce and other civic organizations;
· Local citizens/volunteers;
· Growth management and environmental staff;
· Area Agencies on Aging, senior centers and other aging network organizations;
· Faith-based organizations;
· Local parks and recreation;
· Public safety; and
· Education.
Communities can also take advantage of the resource of technical assistance and information available
from statewide agencies such as the Department of Elder Mfairs, Department of Community Mfairs,
Department of Transportation, Department of Health, Department of Children and Families,
Department of Environmental Protection, Agency for Workforce Innovation and Enterprise Florida.
FLORIDA DEPARTMENT
o F
ELDER AFFAIRS
What are the benefits of the Communities for a Lifetime initiative?
Communities for a Lifetime may help children grow and prosper while also providing seniors an
opportunity to remain independent in their own communities. Caregivers for those of any age will
receive the support they need thereby meeting the needs of children and enabling elders to age in
place with dignity, security and purpose.
Individuals, communities, governments and businesses may benefit by:
· Increased safety through improved coordination of transportation, community planning,
universal home designs and neighborhood interaction;
· Improved physical and mental health of residents through better access to social interaction,
recreation, increased activity levels and facilitation of other behaviors known to impact quality
of life issues; and
· Effective community planning and design encouraging mixed-use development co-locating
the places where people live, work, learn, shop and play.
FLORIDA DEPARTMENT
o F
ELDER AFFAIRS
DEPARTMENT OF
ELDER
AFFAIRS
STATE OF FLORIDA
4040 Esplanade Way Tallahassee, Florida 32399
850-414-2000 ph I 850-414-2004 fax I 850-414-2001 tdd
http/jwww.elderaffairs.state.fI.us
h Up / jwww.communitiesforalifetime.org
E-mail: communities@elderaffairs.org
Revised March 2004
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Florida House of Represe~tatives
House Resolution No. 9149
By Representatives Anderson, Adams, Allen, Altman, Ambler, Antone, Ana, Attkisson, Ausley,
Barreiro, Baxley, Bean, Bendross-Mindingall, Bense, Benson, Berfield, Bowen, Brandenburg, Bro'WIl,
Brominer, Brutus, Bucher, Bullard, B)Td, Cantens, Carassas, Clarke, Cretul, Culp, Cusack, D, Davis, M.
Davis, Dean, petert, Domino, Evers, Farkas, Fields, Fiorentino, Galvano, Gannon, Garcia, Gardiner,
Gelber, A. Gibson, H. GIbson, Goodlette, Gottlieb, Green, Greenstein, Harper, Ha...'"Tell, Harrington,
Basner, Henriquez, Hogan, Holloway, Homan, Jennings, Johnson, Jordan, Joyner, Kallinger, Kendrick,
Kilmer, Kosmas, Kottkamp, Kravitz, Kyle, Littlefield, Llorente, Machek, Mack, Mahon, Mayfield,
McInvale, Meadows, Mealor, Murman, Murzin, NeedelIDan, Negron; Patterson, Paul, Peterman, Pickens,
Planas, Poppell, Prieguez, Quinones, Reagan, Rich, Richardson, Ritter, Rivera, Robaina, Roberson, Ross,
Rubio, RuSsell, Ryan,. Sansom, Seiler, Simmons, Slosberg, Smith, Sobel, Sorensen, Spratt, Stansel,
Stargel, Troutman, Vana, Waters, Wiles, Wishner and Zapata
A resolution encouraging Florida's communities to adopt Governor Jeb Bush's Communities for a
Lifetime initiative in order to retain our seniors and attract more retirees to Florida.
WHEREAS, Florida residents aged 60 or older make up 23 'percent, or 3.8 million, of the current
population of the state, comprising the ,highest percentage of elders living in any s""L2.te Of the nation, and
their numbers are expected to experience unprecedented growth during the first part of this century, and
WHEREAS, the Governor's Destination Florida Commission, in its report of February 14,2003, cites
the positive impact seniors have on the state's economy, including $2.8 billion in taxes they provide above
their costs to state and local governments and their assets in deposit, which are estimated at $320 billion,
and -
'\VHEREAS, the Communities for a Lifetime initiative was established in an effort to create a safer,
more friendly environri1ent for the seniors of our s+..ate, and
WHEREAS, to -date, some 55 cities and counties have adopted the Communities for a Lifetime
initiative in an effort to better enable our elder residents to live in dignity, security, and independence, and
.W'BERRI\.S, it is in the interest of all Floridians to wor~ together to create a safe and welcoming
annosphere to which the senior members of our society are attracted and in which they may live
comfortably and independently in their homes and communities, NOW, TI:IEREFORE.
Be It Resolved by the House of Representatives of the State of Florida:
That the House of Representatives applauds the Communities for a Lifetime ;"itiative and urges cities
and counties throughout the state to adopt its goals and methods in order to provide the ideal climate in
wIDch Florida's resident seniors may live and to which elders throughout the country are attracted and
welcomed.
BE IT FURTHER RESOLVED that cities and counties are encouraged to contact the Department of
Elder Affairs as an excellent source of iriformation and assistance in this matter.
T'nis is to certify theforegoing Was' adopted on April 28; 2003.
Dep~rtment of Elder Affairs - Communities for a Lifetime
GUIDE TO COMMUNITY' VISIONING-
Information Prepared By: The Florida Department of Community Affairs
WHAT IS COMMUNITY
VISIONING?
-comzmmity VlSiClIIin(' is a st:ruc:tmM
'WIY for groups of C01IIII1IJIlity partners and
iDIr:rested ci1:iz.e:Ds to meet and di.scnss the
important issues affecting their loc:al
I'rlmmmrity now and in the:future. .As a
result of this visioning, they can fbrm sub-
groups to assess and implemcm what needs
10 be improved in oIde- to make the
~ ........ rI.Tty a mort livable place for all
~,..;ons.
iYPES OF COMMUNITY
VISIONING
lbcTe are 1bree 1y,pcs of visioning. all
progrcs:sivcly mort c:omplex.
o VISioning. wOOse pri:maIy pwpOSe is
to ~n:!~ and update the
amJPrehC:nsive plan and ~~mily
to form on-going WDIkgroaps.
o VISioning. ld10se primary purpose is
10 f"nn:!nr.!'! 1be local community with
a secondary benefit of providing
,'aluable data for the comprcbensivc
plan.
D CJuzrri!tte. vhose pmpose is to
design a visual mba:n design using
visioning cxmpme:nts. Ibis is the
most complex form ofvisioning
bec;lu~ it is an in-depth study oftbc
whole ccmmnmity. This fbrm of
visioning is a complete visual .
n:ndering by architects. professional
engineers. lM\~~ architects. and
planners to give a "look" and sense
of "uniqucDess" to a spec::ific part of
1DWn or a mDn SIrcct.
'HE MEANING OF WORDS
SSOciati01l- group afpeople using
r-laws 10 provide a 5Cn'ice for others.
'itizen -!he castomcr of po:::. ....~.
:nice.
Ormmmiry IrrvoNement -I'~",i?~s and
mmnmity partners or~n;.,iTlg through
=tings and plans to improve their
~.
ommuniry VlSioning - a way for citizc:ns
Id community partners to participate in
bat their future should look like.
Comprehensive Plan -the adopted roles
and maps for coonties and mmrlcipalities
1ba1 govcm how land is developed and
services stmdards are impleIPentM
Meeting - a gathering of citizc:ns and
community partners to organize a
disalssion of issues. usually with a set
purpose and objectives.
Needs - what communities or individnals
lack that, if they had it. their quality of life
would be better_
THE FLORIDA MODEL FOR
COMMUNITY VISIONING
Use a model when you plan for c:nmmnnity
visioning. Below is one such model tb.al is
designed for small commm1ities.
SEVEN STEPS TO ORGANIZE, DESIGN &
PlAN COMMUNliY VISIONING
STEP 1: Getting Together
VlSioningUSDally begins with two or three
people getting together to ask how they can
influence Local Government to commit to
ftt:!lring their community a better place to
Jive.
Once you gather sapport. you may wish to
mpnize.
STEP 2: Buil~ Partnerships
No one can vision in a vacmIIIL Form a
Comrmmities for Q Lifetime (0:- AL)
Oversight Committ~.
You might cxmsider one or more
individuals from the following areas:
o Local Govc::rmncD1
o Aging NetwOIk Plofessionals
g Medical r-C)II""'Ulny
o Home Builders
o Faith. Based Orpm7Jltion
o Transpar1ation Services
C Public WOIks
o B11c:inesses
o Law EDfo~ire Department
o Local ('iti71'1:l~ and Vohmtccrs
C PaIXs and R.ecrc:ation
o Senior Centers
o F.d1)~tion
SlEP 3: Organizing the Process
o The CFAL Oversight Committee
develops a plan of action to achieve
their vision and goals. If poSSIble. hire
a professional ftItilitrtnr .
o Secure volunteers to plan for a series
of community visioning meetings.
o Raise funds. research grant
opportunities. etc.
o Develop the pmpose. agenda, key
facilita1Ors, and resuhs you hope to
achieve.
c Get best practices from those who
have done it before.
STEP 4: Gaining Support
o ~;n;ne support means m:!rlc!'!ting your
ideas. .
o Engage thlmedia and press.
c Train volunteer facilitators to be team
lc:adcrs.
STEP 5: Conducting the Meeting
Identify Community N~ds
o Conduct a series of comnmnity
meetings to idcrnify strengths.
weaknesses, opportunities for
improvement. and threats to success
(SWOT)
o InvcDtmy existing opportunities in the
..CQIDID.Unity. (e.g. Cnnillll't a survey)
o Identify key issoes from a list of mauy.
Identify Preferences
o Narrow the scope of issues to three to
five key issues (other issues may fan
under the key issues).
o Conduct a visual prefc:rence (Which
photograph/picture do you like?)
o Conduct a mapping preference based
on the key issues you just identified.
Identify Principles of Growth
c What are the !om or five principles
into which aD improvcmcnts and
growth activities most fit?
STEP 6: Brin&ing It All Together
c CF AL Oversight Com~ analyzes
data and makes a report to the Local
Govcrmncot.
o lDpat from Local Govcmmeot.
c:omnnmity partners and dti~s
C Design a visual map or f"rm"nct a
Ol.a:IreUeatthispoiDt.
C Write up rccommendaticms.
STEP 7: ImpJemenfin:
o Groups continue to meet on key ~.
o IDvolve othe:r citizens and commmnty
partnm to make improvcmcnts to the
community based on goals and
objedive.s.
HOW TO ORGANIZE
A VISIONING PROGRAM
CHECKLIST
o Review and develop details for the
process developed by the Comnumities
for a Lifetime Oversight Committee
o Map.how you ~ill proceed with the
process, including: where you are now.
where you want to end up, steps of
how to get there using a timeline.
identifying stakeholders and designing
measures of l'I1t::lTnmP.Jlt
:J The CF AL Oversight Committ~
selects a location(s) w!ere the
wOIkshops will be held
J Design a workshop template with
feedback from stakeholders.
JObtain tools from Dc:partmem of Elder
Affairs (DOEA). and if applicable.
design customized Powcr'PoiIJt slides
and/or a wOIkbook handout.
J Design handouts. sign-in sheets. press
l'dease for local newspapc:rs.and an
article on visicming by local reporte:".
(DOEA can assm with or provide
these items)
I Order easels, pads. nunicing pc::os.
1'nl'l<:l-ing tape, blaDk nametags.
Secure volun:tee:r c:o-iacilitatOIs for
tACh site.
Write up training cbl'rl1-1i!:t for
1'acilitators and review it with 1hc:m
BEFORE each session..
Write up agenda for each m!'J"1ing
customized witb the name of the
mlmidp::!lity iD ldlich it is held.
Ensure that community iDvoJvcmcnt
lasts longer than just one meeting.
,AD:l'tII1;'ISTRATION
o Establish a main poiD1 of comact for
mail, e-mail, phone caDs and faxes.
o Get with reporter to provide
information on articles.
C Send press release to aD newspapers in
the area. .
o Keep local govl";lllIlI~ 1cadcrs.
informed of progress.
o Notify commmrity of the upooming
~gs. .
tJ Type up the minntf'S of each meeting
and the information from the easel
pads used during m-nnl'J.
C Ensure that infonnation is placed on
the comnn1T!ity's web site.
o Take digital photos of each session and
give copies to each comnmnity.
o Obtain Census data applicable to yom
community.
D Secure GIS maps of the locality.
IMPLEME1\"TATION
D Secure a comact person in each
ammnmity.
e Secure a place to meet in each
community.
o Set up volunteer committee and public
meetings.yc Secure the cooperation of the local
municipality.
C Seek to .ba:ve an immf'AllrtP- project
'Visible to the community.
C Conduct meetings monthly.
o Establish sub-committees that report
on their progress each month.
FAcnJTATION
o If possible, open each meeting with
welcome by an elected official.
o Tell people the purpose of the meeting.
o Ask them to give their ideas on issues
affecting their comm1mity.
o Ask each graJp to look at a map oftbcir
area and ren Mlat would make it better.
o Each group has a recarder, a 13cilitat.ar.
c Oose the meding by teIIiDg-Mlatis DCXt
EVALUATION AND DATA
.ANALYSIS
c lyPe up the infunuation from all
sessions.
o Prioritize the information aa:ording to
categories by CF AL Oversight
Committ_
e List goals and actionable items for
each issue.
D Comeupwitbalist afthetop 6 or'
issues that are important to this county.
D Write up a report to the public and
Local Govcmnl=tt detailing the
collective visions.
D Present this report on PowerPoiDt
Elides to the public and to the board of
~i~nt'J!!i'!r':
WHERE CAN YOU GET HELP?
Here are a h sites of intcrest.
STATE OF flORIDA
Departmeut or Elder Affairs
httD:llelderaffairs. sta1e.fL us
. Comnumities for II Lifetime
www.communitiesforalifetime.01i
Governor, Cabinet, and .All Florida
State Agencies
www.mv:f1oridacom
Florida Legislature, Florida Statutes,
Florida Administrative Rules
www.leE.state.fl.us.
Growth and Development Is.mes
www.dca.state.fLuslfdco/dco
Transportation hsues
wW~'.dotstate.tl.us
Health Issues
www.doastale.tl.us
Water Management Districts
www.dcastate.f1.uslfdco/dcolDartncrsl
wmds.btm.
LOCAL GOVERNMENT
Regional P.la.nn.ing Councils .
w~'w.dcastate.f1.uslfdco!DCPlPartners
h-ecionalhtm
County Govemmeirts
www.fI-counties.comJ
Municipal Govenune:ats
www.fIcities.comJ
OTHER RESOURCES
Census Information
~'Vt'W _fact:finder. e:ovlservlet!
Citizen's Guide to Public Participation
www.in.e:ovlidemlmidesl
publicoarticiDationl
How to Start . Commllllity
Organization!
www.hudsrov/ore:anizineTmdex.
Community VISioning Reso1ll"CeS
www.dca.state.f1.uslfdco/dcolvisioninE
. .www.im~Pineiackson.ore:
Citizen Participation Toolkit
www.ezec.e:ovltoolboxl
www.tooIkitDarticipa:tioncoml
Citizen Safety and Seauity
~'Vt'.fI.ash.ore:
Environmental Issues
~'W.lOOOfriends.OI'2'
,- 1
,'-\\.! '1/ .
a
GETTING STARTED
WELCOME
Congratulations on your commitment to creating a Community for a Lifetime. Your community
leaders are to be commended for the desire and ambition to benefit all residents by assessing the
need for improvements in areas such as housing, transportation, healthcare, recreation, education
and accessibility. As you begin this project, keep in mind that it is a continuous process of self-
assessment and improvement to help the community achieve. the following goals:
· To create an inventory of services and opportunities that encourages independence and
quality of life for older adults in your community. This inventory can be used to market
the community to current residents as well as potential newcomers.
· To initiate partnerships with a wide variety of sectors in the community (government,
business, not-for-profit and education) in order to promote the development of senior
friendly community amenities.
IDENTIFYING TEAM MEMBERS
Now that the leaders in your community have committed to this initiative, the next important
step is to fonn a committee to begin inventorying existing services and opportunities and
identifying needed elements in your community to create a "livable" community - a community
that recognizes the diverse needs of the residents and the unique contributions older individuals
make to the community.
As the fonnulation of the committee begins, it is important to remember that strategic
alliances and collaboration from all sectors of the community is crucial. Individuals to
be considered for project leadership may include individuals from the following groups
of local government and aging network professionals or partners:
· City and/or county employees;
· Local citizens/senior volunteer organizations;
· Area Agencies on Aging;
· Health care organizations and the medical community;
· Senior centers; and
· Faith-based organizations.
This group of people can help identify other team members and leaders.
For more information, contact the Florida Department of Elder Affairs
4040 Esplanade Way- Tallahassee, Florida, 32399-7000
Phone 850.414.2000 - Fax 850.414.2004 - TOO 850.414.2001
http://elderaffairs.state.n.us
Visit Communities for a Ufetirne on the Web at http://www.communitiesforalifetime.org.
E-mail: communities@elderaffairs.ora
COMMUNITIES FOR A LIFETIME
COMMUNITY PROFILE
Community Profile
Your community is unique because of its people, its character and its cultural offerings.
Residents of your community have chosen to live in your community for as many different
reasons as there are residents. Additionally, new residents are attracted to your community
because of its unique features. As you begin the self-assessment process, it may be helpful to
begin with a broad overview by taking a look at some general informational issues pertaining to
the community.
· Describe your community's geography, economy and population trends.
· Describe a few of the community's unique features that provide a high quality of life for
residents.
· Find out what organizations produce a directory of services for older adults? How is it
made available to residents?
· Find out what ways the community is made aware of the Elder Helpline (1-800-96-
ELDER or 1-800-963-5337).
Notes
GETTING STARTED
PAGE 2
COMMUNITIES FOR A LIFETIME
SEVEN AREAS OF DISCOVERY
This section includes the seven Areas of Discovery that area identified by the Communities/or a
Lifetime initiative. Each Area of Discovery includes a list of individuals and organizations that
may serve as potential committee members or as helpful partners or stakeholders in this very
important collaborative effort. A list of questions has also been provided to assist the committee
in beginning the assessment process.
The seven Areas of Discovery will help to guide you into a more in-depth review of your
community in terms of what opportunities already exist in the community to allow seniors to
remain independent, and what areas are in need of improvement. For more detailed information
pertaining to the seven Areas of Discovery, please visit the Web site at
http://www.communitiesforalifetime.ora.
Physical Spaces
Suggested Partners/Stakeholders
· City and Regional Planners
· Growth Management
. Public Works
· Chamber of Commerce
· Community Leadership Programs
· Economic Development Council
· Apartment Complex Representative
· Assisted Living Facilities
· Board of Realtors Representative
· Builders Association
· City and County Housing
· Housing Authority and/or Foundation
· Major Development Representative
Questions
1. To what extent are architects and developers aware of the benefits of universal design?
2. What organizations provide home modification services?
3. What senior friendly housing options are available within your community? Be sure to
include all naturally occurring retirement communities (NORCs) apartment complexes,
independent living communities, assisted living facilities, adult family care homes,
continuing care retirement communities and nursing homes.
4. What means are available for securing appropriate living arrangements after a person can
no longer access needed goods and services, prepare meals, or do household chores?
5. In what ways do tax structures and zoning laws accommodate the needs of senior
homeowners and caregivers offrail elders?
6. What discounts are available to seniors for utilities?
7. What supermarkets and pharmacies offer delivery services?
8. What businesses provide adequate parking for seniors?
GETTING STARTED
PAGE 3
COMMUNITIES FOR A LIFETIME
Discussion Notes
What recurring ideas or issues are developing as you discuss this Area of Discovery?
GETTING STARTED
PAGE 4
COMMUNITIES FOR A LIFETIME
Transportation
Suggested Partners/Stakeholders
. AARP-55 Alive Program
. Airport Manager
. Local Transportation Providers
· Neighborhood Associations
. Public Mass Transit Providers
. Safety Resource Center
Questions
1. What alternative transportation options are available? Provide contact information, hours
of operation, routes, service areas, eligibility requirements and costs.
2. What public transportation is available?
3. What routes, service areas and costs are available? How much time is needed for travel?
4. Where can a person receive printed schedules of routes?
5, What are the senior friendly features of private transportation providers?
6. What neighborhoods are within walking distance of appropriate businesses and services?
7. What measures do out-of-town travel centers take to assure accessibility to older
residents?
8. What programs are available to assist older adults with assessing their own driving
abilities?
9. How can older adults access the services of a mobility counselor?
Discussion Notes
GETTING STARTED
PAGE 5
COMMUNITIES FOR A LIFETIME
discussion notes continued...
What recurring ideas or issues are developing as you discuss this Area of Discovery?
GETTING STARTED
PAGE 6
COMMUNITIES FOR A LIFETIME
Land Use
Suggested Partners/Stakeholders
. City and Regional Planners
. Growth Management
. Public Works
· Planning Department
· Geographic Information Systems (GIS)
· Apartment Complex Representative
· Assisted Living Facilities
· Board of Realtors Representative
· Builders Association
· City and County Housing
· Housing Authority and/or Foundation
· Major Development Representative
Questions
1. What areas of the community are NORCs, or naturally occurring retirement
communities?
2. What is the awareness level of the regional planning commission about the needs of older
adults?
3. In what ways do regional planners take into consideration people with varied needs?
4. What parks, trails, waterways, and greenways are available for recreational use? To what
extent are they accessible? What senior friendly features are offered?
5. What residential areas of the community have pedestrian access to shopping areas?
6. What accommodations are included in zoning restrictions for senior housing, including
caregiver suites?
7. In what ways are the needs of older adults considered for the design of parking lots,
buildings and landscaping?
Discussion Notes
GETTING STARTED
PAGE 7
COM M U N I TI E S FOR A L I F E TIM E
discussion notes continued...
What recurring ideas or issues are developing as you discuss this Area of Discovery?
GETTING STARTED
PAGE 8
COMMUNITIES FOR A LIFETIME
Community Development
Suggested Partners/Stakeholders
. Alzheimer's Program/Centers
. American Red Cross
. Animal Services
. County Sheriffs Office
. Emergency Alert Response Systems
. Fire Department
. Injury Prevention Programs
. Police Department
Questions
. Victims Assistance Programs
. Public Information Officers
. Local Media
. Chamber of Commerce
. Community Leadership Programs
. Economic Development Council
. Specific Businesses
1. What agencies distribute Emergency Alert Response Systems at what costs for
installation and maintenance?
2. Which businesses are sensitive to the needs and preferences of senior consumers?
3. What employment opportunities are available for older adults who choose to work?
4. Which employers are sensitive to the needs of caregivers?
5. What opportunities are available for meaningful volunteer contributions?
6. What transportation is available for working/volunteering seniors?
7. Many law enforcement and fire departments provide safety seminars and inspections for
seniors, as well as distribute and install smoke detectors. How can these be accessed?
Discussion Notes
GETTING STARTED
PAGE 9
COMMUNITIES FOR A LIFETIME
discussion notes continued...
What recurring ideas or issues are developing as you discuss this Area of Discovery?
GETTING STARTED
PAGE 10
COMMUNITIES FOR A LIFETIME
Health
Suggested Partners/Stakeholders
. AARP
. Accessibility Services
. Adult Day Cares
. Caregiver Services
. Congregate Meal Sites
. Financial Counseling
. Insurance Counseling
· Legal Services
. Low-income Services
· Mental Health Providers
. Non-medical Services
. Social Security
. Support Groups
. Alzheimer's Program/Centers
. County Health Department
. Hospice
. Hospitals
. Medical Equipment Businesses
· Nursing Homes
· Private Home Health Businesses
Questions
1. What opportunities are available to older adults to maintain physical and mental health?
2. What health care services are available?
3. What non-medical services are available?
Discussion Notes
GETTING STARTED
PAGE 11
COMMUNITIES FOR A LIFETIME
Education
Suggested Partners/Stakeholders
. Adult Education
. Community College
. Extension Office
. Hospitals
. Library Services
. Universities
Questions
1. What opportunities are available to encourage lifelong learning?
2. What universities offer tuition-free classes for seniors?
3. What opportunities do older adults have to learn about how to avoid being victim of fraud
and other crimes?
4. What opportunities are available to learn how to maintain health and wellness?
Discussion Notes
GETTING STARTED
PAGE 12
COMMUNITIES FOR A LIFETIME
discussion notes continued...
What recurring ideas or issues are developing as you discuss this Area of Discovery?
GETTING STARTED
PAGE 13
COMMUNITIES FOR A LIFETIME
Cultural and Social Opportunities
Suggested Partners/Stakeholders
. City Parks and Recreation
· County Parks and Recreation
· Cultural Resources Commission
· Private sports and recreation venues
· State Parks and Recreation Areas
· AmeriCorps
· Experience Works
· Foster Grandparent Program
· Local Volunteer Services
· Retired Senior Volunteer Program
· Senior Companion Program
. VISTA
. Faith Leaders
· Faith-based Organizations
Questions
1. What opportunities are available for recreation?
2. What programs are available through faith-based organizations?
3. What programs or opportunities are available for intergenerational connections?
Discussion Notes
GETTING STARTED
PAGE 14
COMMUNITIES FOR A LIFETIME
discussion notes continued...
What recurring ideas or issues are developing as you discuss this Area of Discovery?
GETTING STARTED
PAGE 15
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM:
Eric M. Soroka, ICMA-CM, Ci
r
DATE: April 20, 2006
SUBJECT: Resolution Adopting the National Incident Management
System (NIMS)
May 2, 2006 City Commission Meeting Agenda Item 5~6
RECOMMENDATION
It is recommended that the City Commission approve the attached Resolution adopting
the National Incident Management System (NIMS) to respond to emergency incidents
that require effective and efficient coordination across the spectrum of organizations.
BACKGROUND
Pursuant to Homeland Security Presidential Directive (HSPD-5) Management of
Domestic Incidents, the President directed the Secretary of Homeland Security to
develop and administer a National Incident Management System (NIMS). NIMS
provides a comprehensive approach to incident management during emergency
situations. NIMS was developed so responses from different jurisdictions and
disciplines can work together to respond to national disasters and emergencies,
including acts of terrorism.
NIMS benefits include a unified approach to incident management structure and
emphasis on preparedness, material and resource management.
Beginning on October 1, 2006, all Federal preparedness funding will be conditional
upon full compliance with NIMS. The following is recommended NIMS activities to
achieve compliance:
1. Institutionalize the use of the Incident Command System - The ICS has
been incorporated into the City's Emergency Procedures Operations
Manual.
Memo to City Commission
Page 2
2. Complete the NIMS Awareness Course IS-700. All key City of Aventura
personnel have attended and completed the course.
3. Adopt NIMS through a Resolution as the City's official incident response
system. The attached Resolution is attached for compliance.
NIMS training will be an ongoing process.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
eeo 1480-06
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA, ADOPTING THE NATIONAL INCIDENT
MANAGEMENT SYSTEM (NIMS); PROVIDING FOR
IMPLEMENTATION; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Homeland Security Presidential Directive (HSPD-5),
Management of Domestic Incidents, the President directed the Secretary of Homeland Security to
develop and administer a National Incident Management System (NIMS). On March 1,2004, the
Secretary issued the NIMS to provide a comprehensive national approach to incident
management, applicable to all jurisdictional levels across functional disciplines; and
WHEREAS, the NIMS provides a consistent nationwide approach for federal, state, tribal
and local governments to work effectively and efficiently together to prepare for. prevent,
respond to and recover from domestic incidents, regardless of cause, size, or complexity; and
WHEREAS, the NIMS establishes standard incident management processes, protocols
and procedures so that all responders can work together more effectively; and
WHEREAS, the Federal NIMS Integration Center was established to oversee all aspects
of NIMS, including the development of NIMS related standards and guidelines and support to
guidance for incident management and responder organizations as they implement the system.
The Center will validate compliance with the NIMS and National Response Plan responsibilities,
standards and requirements; and
WHEREAS, the overwhelming majority of emergency incidents are handled on a daily
basis by a single jurisdiction at the local government level and may involve multiple jurisdictions,
Resolution No. 2006-
Page 2
functional agencies and emergency responder disciplines. These instances require effective and
efficient coordination across the spectrum of organizations and activities; and
WHEREAS, the NIMS is based on an appropriate balance of flexibility and
standardization in order to provide a framework for interoperability and compatibility during
incident operations; and
WHEREAS, the NIMS provides a consistent, flexible and adjustable national framework
within which government and private entities at all levels can work together to manage domestic
incidents, regardless of their cause, size, location, or complexity. This flexibility applies across
all phases of incident management: prevention, preparedness, response, recovery and mitigation.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Sectionl.
That each of the recitals stated above is hereby adopted and confIrmed.
Section 2. That the City Manager is hereby authorized to do all things necessary to
implement the NIMS and to institutionalize the use of the Incident Command System.
Section 3.
That this Resolution shall be effective immediately upon adoption hereof.
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
, who
, and
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stem
Vice Mayor Luz Urbaez Weinberg
Mayor Susan Gottlieb
2
Resolution No. 2006-_
Page 3
PASSED AND ADOPTED this 2nd day of May, 2006.
ATTEST:
SUSAN GOTTLIEB, MAYOR
TERESA M. SOROKA, MMC
CITY CLERK
APPRfED AS TO LE~AL SUFFICIENCY:
CITY ATT~
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
TO:
SUBJECT: Bid No. 06-2-22-2 Electrical Maintenance Services
May 2, 2006 City Commission Meeting Agenda Item ff
Recommendation:
The City Commission adopt a resolution awarding Bid No. 06-2-22-2 to the sole bidder,
Horsepower Electric, Inc. to provide the services contained in the bid specifications at
the negotiated price of $155 per hour for two electricians and one bucket truck,
hereafter defined as the Hourly Crew Rate.
Backaround:
In accordance with the City's Purchasing Ordinance, bids for this project were solicited,
advertised and opened on February 22, 2006. One bid was received from Horsepower
Electric, Inc. at the following pricing:
Hourly Overtime
Master Electrician $98 $126
Journeyman 59 87
Electrician's Helper 59 87
Bucket Truck $65 $ 65
Crane 75 75
Scissor Truck 55 55
This bid price resulted in an hourly rate of $183.00 per hour. In order to get the best
possible pricing, the City Commission adopted a motion at the April 4, 2006 meeting to
reject all bids and authorized the City Manager to negotiate with the sole bidder,
Horsepower Electric, Inc. to obtain the lowest possible price.
City Commission
April 25, 2005
Page 2
Since two electricians and one bucket truck respond to all City needs, Horsepower
Electric, Inc. was asked to provide the City with a price that would include labor and
equipment. This unit of measure was defined as the "Hourly Crew Rate". The
negotiated results are as follows:
1. Charges for services shall be described as "The Hourly Crew Rate".
2. A "Crew" shall be defined as and consists of the following:
2 Electricians
1 Bucket Truck
3. The Hourly Crew Rate for Mondays through Fridays from 8:30 AM to 5 PM shall
be $155.00 per hour. This negotiated Hourly Crew Rate represents a 15%
savings over the bid price of $183.00 per hour for the same services.
4. The Hourly Crew Rate for all other times shall be $215.00 per hour. This
negotiated Hourly Crew Rate represents an 11% savings over the bid price
of $239.00 per hour for the same services.
5. All other terms and conditions contained in Bid No. 06-2-22-2 remain the same
and are in effect.
The initial contract is for a two year period, with the City having the sole option to renew
the contract for two additional two year terms, provided that all the terms, conditions
and specifications, (except for the pricing as described in the attached letter from
Horsepower Electric, Inc. dated April 18, 2006, which shall be negotiated in good faith)
remain the same and the extension is approved by the City Manager.
Horsepower Electric, Inc. has been the City's electrical services contractor since March
2003. They provide all services required to maintain City street lights, facilities and
buildings, as well as provide emergency services as needed. They have been reliable
and competent, and carry all the required insurance. If more information is needed,
please feel free to contact me.
RMS/gf
Attachments
RMS06021
RESOLUTION NO. 2006-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA AWARDING AND LETTING A
BID/CONTRACT FOR BID NO. 06-2-22-2, ELECTRICAL
MAINTENANCE SERVICES TO HORSEPOWER ELECTRIC,
INC. AT THE NEGOTIATED PRICE DESCRIBED IN EXHIBIT
"A"; 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. 06-2-22-2, ELECTRICAL MAINTENANCE SERVICES; and
WHEREAS, sealed bids have been submitted to and received by the City
pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and
requirements for the project/work as cited above; and
WHEREAS, the City received one sole bid pursuant to the bidding process from
Horsepower Electric, Inc.; and
WHEREAS, the City Commission, by motion on April 4, 2006, authorized the City
Manager to negotiate with the sole bidder, Horsepower Electric, Inc.; and
WHEREAS, the City Manager has determined that Horsepower Electric, Inc.,
has submitted the lowest responsible and responsive negotiated price for said
projecUwork; and
WHEREAS, the City Commission, upon the recommendation of the City
Manager, is therefore desirous of awarding said bid/contract to sole bidder at the
Resolution No. 2006
Page 2
negotiated price as contained in Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1: That bid/contract for BID NO. 06-2-22-2, ELECTRICAL
MAINTENANCE SERVICES, is hereby awarded to Horsepower Electric, Inc. at the
negotiated price as described in Exhibit "A".
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, bid requirements and subsequent negotiations, and 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 the
General Fund Line Item No. 001-5001-539-3460.
Section 5: This Resolution shall be effective immediately upon its adoption.
The foregoing resolution was offered by Commissioner
adoption. The motion was seconded by Commissioner
put to a vote, the vote was as follows:
, who moved its
and upon being
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Vice Mayor Luz Urbaez-Weinberg
Mayor Susan Gottlieb
Resolution No. 2006-_
Page 3
PASSED AND ADOPTED this 2nd day of May, 2006,
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPRfED AS TO LE~AL SUFFICIENCY:
CITY ATT~
Resolution No. 2006
Page 4
EXHIBIT "A"
1. The hourly charges for services shall be described as "The Hourly Crew
Rate".
2. A "Crew" shall be defined as and consists of the following:
2 Electricians
1 Bucket Truck
3. The Hourly Crew Rate for Mondays through Fridays from 8:30 AM to 5
PM shall be $155.00 per hour.
4. The Hourly Crew Rate for all other times shall be $215.00 per hour.
5. All other terms and conditions contained in Bid# 06-2-22-2 remain the
same and are in effect.
HORSEPOWER ~ELECTRIC, INC,
8105 West 20th Av",""e, Hialeah, Florida 3!t014-3231
TEL (305) 819.-406,Q FAX (305) 819-4222
RECEIVED
APR 1 8 2006
April 18,2006
COMMUNITY SERVICE
Mr. Robert Shennan
City of Aventura
RE: Electrical Maintenance Service
Bid No. 06-2-22-2
Dear Mr. Sherman:
As per our discussion Horsepower Electric Inc. has revised the labor and equipment rates
in the following manner, with all terms and conditions in the contract bid to remain the
same.
. The hourly charges for services shall bc de~:cribed as hourly crew rate.
I:'~
A crew consists ofthe following:
2 - Electrician
1 - Bucket Truck
Cost of crew rate per hour - $155.00
Cost ofO.T: crew rate per hour - $215.00
If you have any questions please do not hesitate to contact me.
S4-l~
~ Gruber
Senior Project Manager
i.1
"PRIDE J'N QUALITY"
CITY OF AVENTURA
BID No.
PAGE No.
06.2-22-2
16
This is not an order
ELECTRICAL MAINTENANCE SERVICE
SPECIFICATIONS
BONDING REQUIREMENTS:
The bidder, in submitting this bid, must include a bid bond. Such bond may be in the form
of a certified or cashier's check or approved bid bond in the amount of $5,000.00.
PERFORMANCE & PAYMENT BONDS:
The City of Aventura shall require the successful bidder to furnish performance and
payment bonds, each in the amount of $5,000.00 with the City of Aventura as the obligee,
as security for the faithful performance of the contract and for the payment of all persons
performing labor or furnishing materials in connection herewith. The bonds shall be with a
surety company authorized to do business in the State of Florida.
PRE-BID CONFERENCE:
It is mapdatory that all bidders attend a pre-bid conference to be held on February 3,2006
at 10:00 A.M on the 5th Floor of the Aventura Government Center, 19200 West Country
Club Drive, Aventura, Florida 33180. Bids will not be accepted from bidders who did not
attend the pre-bid conference. No pleas of ignorance by the bidder of conditions that exist,
or that may hereinafter exist as a result of failure to make the necessary examinations or
investigations or failure to fulfill in every detail the requirements of the contract documents,
will be accepted as basis for varying the requirements of the City of Aventura or the
compensation of the vendor.
A. LOCATIONS OF WORK
1. Accompanying this specification is a map of the roadways within the limits of the city of
Aventura, Florida, indicating area sites which are categorized by roadways, medians
and right-of-ways. By submitting a bid, the bidder certifies that he/she is familiar with
the sites and the proposed scope of work, prior to submitting a bid. The City reserves
the right to remove and/or add specific locations on a temporary or permanent basis, as
deemed appropriate.
B. EQUIPMENT
1. All equipment shall be maintained in an efficient and safe operating condition while
performing work under the contract. Equipment shall h ve II p e afe devTcrr~.r--
BIDDERS NAME: 7.....-- h(~
COMPANY NAME: '~..;TRI6
CITY OF AVENTURA
BID NO.
PAGE No.
06-2.22.2
17
This is not an order
ELECTRICAL MAINTENANCE SERVICE
SPECIFICATIONS
required by law, properly maintained and in use at all times. If equipment does not
contain proper safety devices and/or is being operated in an unsafe manner, the City
may direct the contractor to remove such equipment and/or the operator until the
deficiency is corrected to the satisfaction of the City of Aventura. The contractor shall
be solely responsible and liable for injury to persons, and/or property damage caused
by operation of the equipment. The City of Aventura will require a written evaluation of
all equipment, prior to award of this bid.
The contractor must own or have access to the following equipment:
· One hydraulic bucket-truck with a reach capacity of no less than 25 feet
and/or a crane.
· One Scissor Lift with a reach of no less than up to 30 feet in height.
· A Nextel system for direct communications between the contractor and the
City.
· Arrow board and all required MOT equipment, as required by the FOOT
and/or Miami-Dade County as applicable.
.
C. SCOPE OF WORK
1. The City of Aventura is interested in obtaining proposals for a licensed electrical
contractor to provide hourly rates for labor, on an as-is needed basis, for the
installation, replacement and repair of the roadway, park and facility lighting, including
poles and banner arms, decorative landscape lighting, bus shelter lighting, roadway
sign lighting, the welcome to Aventura sign lighting and all associated electrical devices
including but not limited to breakers, photocells, lighting contactors, transformers,
panelboards and holiday lighting and any other related electrical services as
determined by the City as its sole discretion, including all City owned building and
facilities.
2. Work will be performed along the roadways and all City owned or leased facilities and
buildings or properties within the limits of the City of Aventura, see attached map.
3. Repairs and/or replacements for non-emergency work must be provided within three (3)
calendar days of notification. For any emergency work, as defined by the City at its
sole discretion, all on-site services shall be provided within two (2) hours after
notification, 7 days a week, 24 hours a day. 1\ ('" n r
BIDDERS NAME: n: ~e~d'w'
COMPANY NAME: 'kc..r12 I~
CITY OF AVENTURA
BID NO.
PAGE No.
05-2.22-2
18
This is not an order
ELECTRICAL MAINTENANCE SERVICE
SPECIFICATIONS
4. The contractor's work will be inspected by the City as well as the City's Electrical
Engineer or City inspector prior to approval.
5. Contractor shall adhere to City noise ordinance.
D. PROFESSIONAL ORGANIZATIONS
1. The contractor must be a licensed Miami-Dade County Master Electrician and in good
standing.
t The Contractor shall provide proof of licensing with the bid submittal. - 6-EE. A.\T l>.,c..HW
E. DElFINITlONS
1. If the Contractor intends to use sub-contractors to perform work on this contract, these
sub-contractors are subject to approval by City, at its sole discretion.
2. Electrical Maintenance Services as defined for bid purposes shall include: Re-Iamping
of fixtures, both landscape and pole mounted fixtures, walkway bollards and sign
lighting fixtures, replacement of damaged poles, pole mounted fixtures, landscape
lighting fixtures, lenses, shields, replacement of fuses and/or fuse holders, repair and/or
replacement of photocells, maintenance of electrical panel boards, contactors, circuit
breakers and transformers, limited electrical wiring as defined by the City, special
events, recreation program support and decorative holiday lighting, as determined by
the City.
F. SPECIAL CONTRACT REQUIREMENTS
1. The President/Chief Operating Officer of the contracting firm must be available to
attend meetings with the City and/or it's designee within 24 hours of notification.
2.
BIDDERS NAME:
COMPANY NAME:
'ty and/or 'ts
yQOI&ell
fLB"C:rR;~
CITY OF AVENTURA
BID NO.
PAGE No.
06-2-22-2
19
This is not an order
ELECTRICAL MAINTENANCE SERVICE
SPECIFICATIONS
designee at the EOC during emergency situations, including but not limited to hurricane
preparedness and recovery.
3. All of the contractor's employees must wear bright orange shirts that identify the
company name, at all times.
o Maintenance of traffic must conform to the current edition of the Florida Department of
Transportation (FOOT) Roadway and Traffic Design Standards Indexes (600 Series),
the Standard Specifications for Road and Bridge Construction and th0 Manuals on
Uniform Traffic Control Devices, as a minimum criteria.
5. The contractor, or an employee of the contractor approved by the City, must be on 24
hour call, at all times, for emergency purposes.
6. The contractor, on an immediate and first priority basis, shall be available to the City to
clear roadways or access areas in the event of an Act of God (Le., storm, tornado, or
hurricane) or an auto accident that causes a lighting pole to fall and block a roadway or
pedestrian area, or any other emergency deemed by the City Manager, at his sole
discretion.
7. The contractor shall be available to meet with all public utilities to locate all
underground lines prior to excavation by the utility company. The contractor is to act as
the City's representative in order to avoid unnecessary damage to power lines.
8. No fuel, oils, solvents, or similar materials are to be disposed of in any catch basins.
The contractor must closely adhere to local, state, and Federal Environmental
Protection Agency requirements, and is responsible for all non-compliance penalties.
0' The contractor must have substantial experience in landscape and roadway lighting
maintenance of public rights-of-way including medians and high traffic roadways. This
experience must include a minimum offive years experience in this type of work. Proof
of such shall be required at bid submittal. -.g:E. A..." A.C l-IED
G. REPLACEMENT, REPAIR & RETRO-FlTTING
- """T ... '""",
CITY OF AVENTURA
BID NO.
PAGE No.
06-2-22-2
20
This is not an order
ELECTRICAL MAINTENANCE SERVICE
SPECIFICATIONS
City with proper documentation and approval by the City's' Electrical Engineer.
H. DELIVERY, STORAGE, AND HANDLING
1. The contractor must maintain an inventory of City purchased lighting fixtures, lenses,
globes, shields and poles, including existing inventory as follows at no charge:
Type Manufacturer Catalog No. Qty
In-ground uplights Hydrel 9100B-MH175/120/NFU34 8
Kim Lighting AFL2/175MH120NG-P/HDS/SM2IFH 12
175 Wall single flood lights
175 Wall twin mounted flood Kim Lighting AFL2I175MH120NG-P/HDS/SM2IFH 12
lights
50 Wall Narrow Flood lights wi Kim Lighting AFL 16/50MH120NG-P/HDSV6-P-BD-VGP 12
barn door type shields
Single pole mounted flxtures wi Architectural 97A-1129-250MH-Single PostTop-16' Pole 4
16' poie Area Lighting
Twin poll mounted flxtures wi 22' Architectural SLA1-2-DB105R16-250 4
poles Area Lighting
Bus Shelter Fixtures Rebelie Lighting 5011 Series - 50 Wall MH 8
Walkway Light Fixtures Louis Poulsen WAT-027-Aventura Green 6
L PAYMENT
1. The payment process begins when the contractor notifies the Director of Community
Services or designee of work completed.
2. The contractor is to notify the Director of Community Services or designees office by
9:00 a.m. of the following workday regarding work areas completed. Following such
notice, the City shall inspect the maintenance area indicated within 24 hours. If the
contractor's performance does not show completion of maintenance items previously
described, the City shall request, and require corrective action to be taken at no charge
to the City.
3. Payment for work shall be authorized upon evidence of completion, and will occur on a
monthly basis. Payment will be made by the 20th of the month for work completed the
previous month. r "(n, 1''''. . t" \
BIDDERS NAME: IIl-4 ue..o...t )
COMPANY NAME: cL.-TR.,~
CITY OF AVENTURA
BID NO.
PAGE No.
06-2-22-2
21
This is not an order
ELECTRICAL MAINTENANCE SERVICE
SPECIFICATIONS
4. Any additional work requested within the scope of work shall be charged at the cost per
unit or hourly rates as indicated in the bid prices in section K, Bid Schedule. The
contractor will be given at least 24 hours notice prior to a call for regular service.
J. NON-CONFORMANCE TO CONTRACT CONDITIONS:
The City of Aventura may withhold payment or reject areas which are found, upon
examination, not to meet the maintenance specificaticn requirements. Upon written
notifications of rejection, subject areas shall be rectified within five (5) calendar days by
the vendor at his expense. Rejected areas left longer than ten (10) days will be
regarded as abandoned. Rejection for non-conformance, failure to provide services
conforming to specifications, or failure to meet service schedules, may result in the
Contractor being held in default and shall authorize the City to terminate the contract
upon notice to the Contractor.
.
BIDDERS NAME'Jt bOl( OR< iJ-
COMPANY NAME: a.s"Efri\J..lFR flEcne !C.
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
TO:
City Commission
FROM:
Eric M. Soroka, ICMA-CM,
BY:
DATE: April 26, 2006
SUBJECT: Resolution Selecting Crowder-Gulf Joint Venture, Inc. to Perform
Disaster Recovery Services Relative to RFP No. 06-2-17-2
May ~. 2006 City Commission Meeting Agenda Item H
Recommendation:
It is recommended that the City Commission adopt the attached resolution selecting the
firm of Crowder-Gulf Joint Venture, Inc. to perform Disaster Recovery Services as
contained in the Request for Proposals (RFP) No. 06-2-17-2, Disaster Recovery
Services.
j:lackaround:
As demonstrated by the damage caused by the hurricanes of 2005, an RFP was issued
and advertised in accordance with state statutes for interested firms to perform Disaster
Recovery Services to assist the City with debris removal, reduction and disposal on a
first priority basis, as well as other disaster related services as necessary, including
assisting with FEMA re-imbursement. Attached hereto are copies of the RFP and the
tabulation form of the fifteen firms that submitted responses. A Selection Committee
consisting of the City Manager, Community Services Director and the Public Works
Operations Manager independently reviewed all of the submittals and as a result of the
independent reviews, a unanimous short list consisting of the top five firms was
developed. In alphabetical order, they were as follows:
Arbor Tree and Land, Inc.
Asplundh, Inc.
Crowder-Gulf Joint Venture, Inc.
SRS, Inc.
Omni-Pinnacle, Inc.
City Commission
April 26, 2006
Page 2
On April 5, 2006 these five firms were given the opportunity to give a presentation to
the Selection Committee, followed by a question and answer period. The firms were
then ranked based upon the following qualifications:
Qualifications and experience
Firm size, age and organizational structure
Relative experience as contained in the RFP
Safety record
Innovative ideas
Ability to procure equipment and logistics
Overall presentation
The ranking from the Selection Committee was as follows:
1. Crowder-Gulf Joint Venture, Inc,
2. Asplundh, Inc.
3. Arbor Tree and Land, Inc,
4. SRS, Inc.
5. Omni-Pinnacle, Inc.
Crowder-Gulf Joint Venture, Inc. has over 30 years of experience dealing with natural
disasters in the southeast United States. These natural disasters include the following
events:
a. Hurricanes
b. Tornadoes
c. Ice storms
d. Floods
Their personnel have extensive military, governmental and civilian experience in the
assessment and recovery phases of disaster management.
Locally, they have performed disaster recovery services for Lee County, Brevard
County, Escambia County, Pembroke Pines, Coral Springs, North Miami, Wellington,
Pompano Beach and North Miami Beach. In addition, Crowder-Gulf was responsible
for debris removal, management, reduction and disposal for the City of Aventura last
year after Hurricanes Katrina and Wilma. They worked well with City staff and
contractors, resulting in a quick, safe and efficient operation. A complete client list is
attached.
City Commission
April 26, 2006
Page 3
Their December 31, 2004 balance sheet reflects assets of $119 million and total equity
of $82 million. They carry the required insurances and will name the City of Aventura
as a "Certificate Holder" if awarded the RFP. Their balance sheet is attached for
review.
Based upon the Selection Committee's ranking, their past performance in the City in
2005, their financial ability to perform, as well as the size and strength of the company,
Crowder-Gulf Joint Venture, Inc. is recommended to provide the City with Disaster
Relief Services as defined in RFP No. 06-2-17-2 pending successful negotiations. If
negotiations fail with this firm, the City will start negotiations and reference checks with
the second ranked firm, Asplundh, Inc. If you need additional information, please feel
free to contact me.
RMS/gf
Attachments
RMS06022
---.-....,...--........".-
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, SELECTING THE FIRM
OF CROWDER-GULF JOINT VENTURE, INC. TO
PERFORM PROFESSIONAL DISASTER RECOVERY
SERVICES RELATIVE TO RFP NO. 06-2-17-2, DISASTER
RECOVERY SERVICES; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE THE TERMS AND FEES FOR
SAID SERVICES; AUTHORIZING NEGOTIATIONS WITH
AN ALTERNATE FIRM TO PERFORM THE REQUIRED
SERVICES SHOULD NEGOTIATIONS WITH SELECTED
FIRM BE UNSUCCESSFUL; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Aventura, in accordance with applicable State law, has
requested proposals from firms to provide professional services relative to Disaster
Recovery Services; and
WHEREAS, said proposals were evaluated by a Selection Committee consisting
of the City Manager, Community Services Director and the Public Works Operations
Manager; and
WHEREAS, said Selection Committee recommends the firm of Crowder-Gulf
Joint Venture, Inc. based on said firm's experience and qualifications; and
WHEREAS, said Selection Committee recommends the selection of the firm of
Asplundh, Inc, should the City be unable to reach favorable terms with Crowder-Gulf
Joint Venture, Inc.; and
Resolution No. 2006-_
Page 2
WHEREAS, the City Commission desires to authorize the City Manager to
negotiate a scope of services and fees with the recommended firm, and with the
alternate firm, should negotiations with the recommended firm be unsuccessful.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The firm of Crowder-Gulf Joint Venture, Inc. is hereby selected to
perform Disaster Recovery Services for the City relative to RFP No. 06-2-17-2 Disaster
Recovery Services.
Section 2. The firm has been selected on the basis of its experience and
qualifications and has not finalized a fee structure with the City. Therefore, the City
Manager shall immediately negotiate the scope of services and basis of fees with said
firm.
Section 3. The basis of fees above described shall be negotiated by the City
Manager and approved by the City Commission prior to said firm beginning any labor or
work for which the City may later be billed.
Section 4. In the event the City is unable to come to favorable terms and fees
with the firm of Crowder-Gulf Joint Venture, Inc. the City Manager is hereby authorized
to negotiate scope of services and fees with the alternate firm of Asplundh, Inc.
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 Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Vice Mayor Luz Urbaez-Weinberg
Mayor Susan Gottlieb
Resolution No. 2006-_
Page 3
PASSED AND ADOPTED this 2nd day of May, 2006.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
r~
CITY ATTORNEY
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CITY OF AVENTURA
BID TABULATION
DISASTER RECOVERY SERVICES
RFP #06-02-17-2
BID OPENING AT 2:00 PM ON FEBRUARY 17, 2006
Plicing References Years in Required Bidder
Business Licenses Qual. 8tmt.
Storm Reconstruction Services Yes Yes 13 Yes Yes
Tuscaloosa, AL
Inventory 5 Copies of Certificate
List Bid of Insurance
Yes Yes Yes
Pricing References Years in Required Bidder
Business Licenses Qual. 81mt.
Grubbs Emergency Services Yes Yes 6' Yes Yes
BrooksviUe. FL
Inventory 5 Copies of Certificate
UsI Bid of Insurance
Yes Yes Yes
Pricing References Years in Required Bidder
Business Licenses Qual. 81mt.
Asplundh Environmental Services n/a Yes 5' Yes Yes
Fairhope, AL
Inventory 5 Copies of Certificate
List Bid of Insurance
Yes Yes Yes
Pricing References Years in Required Bidder
Business Licenses Qual.8Imt.
ORe Emergency Services Yes Yes 8 Yes Yes
Mobile, Al
Inventory 5 Copies of Certificate
list Bid of Insurance
Yes Yes Yes
Pricing References Years in Required Bidder
Business Licenses Qual. 81mt.
Phillips & Jordan Yes Yes 35 Yes Yes
Robbinsville. NC
Inventory 5 Copies of Certificate
List Bid of Insurance
Yes Yes Yes
Pricing References Years in Required Bidder
Business Licenses Qual. Stmt.
J.B. Coxwill Contracting Yes Yes 22 No Yes
Jacksonville, FL
Inventory 5 Copies of Certificate
List Bid of Insurance
Yes Yes No
Pricing References Years in Required Bidder
Business licenses Qual. 8tmt.
Florida Disaster Recovery Yes Yes 2' No Yes
Weston, FL
Inventory 5 Copies of Certificate
List Bid of Insurance
No Yes Yes
Pricing References Years in Required Bidder
Business Licenses Qual. 8lmt.
Alexander & Johnson Yes Yes " No Yes
Hollywood, FL
Inventory 5 Copies of Certificate
List Bid of Insurance
No Yes No
Pricing References Years in Required Bidder
Business Licenses Qual, 8tmt.
Arbor Tree & Land Yes Yes 23' Yes Yes
Boynton Beach. FL
Inventory 5 Copies of Certificate
List Bid of Insurance
Yes Yes Yes
Pricing References Years in Required Bidder
Business Licenses Qual. 8tmt.
Crowder-Gulf nt. Yes 36 Yes Yes
Theodore, AL
Inventory 5 Copies of Certificate
List Bid of Insurance
Yes Yes Yes
Pricing References Years in Required Bidder
Business Ucenses Qual. 8tmt.
Weekly Asphalt Paving Yes Yes 58 Yes Yes
Pembroke Pines, FL
Inventory 5 Copies of Certificate
List Bid of Insurance
Yes Yes Yes
Pricing References Years in Required Bidder
Business Licenses Qual. 8tmt.
Omni Pinnacle Yes Yes 16' Yes Yes
Slidell, LA
Inventory 5 Copies of Certificate
List Bid of Insurance
Yes Yes Yes
Pricing References Years in Required Bidder
Business Licenses Qual. 8tmt.
Wood Resource Recovery n1a Yes 18' Yes Yes
Gainsville, FL
Inventory 5 Copies of Certificate
List Bid of Insurance
Yes Yes Yes
Pricing References Years in Required Bidder
Business licenses Qual. Stm!.
Sun Recycling Yes Yes 50' Yes Yes
Dania Beach, FL
Inventory 5 Copies of Certificate
List Bid of Insurance
Yes Yes Yes
(included in
Price list)
Pricing References Years in Required Bidder
Business Licenses Qual. Stm!.
Soil Tech Distributors Yes Yes 18 Yes Yes
Miami, FL
Inventory 5 Copies of Certificate
List Bid of Insurance
Yes Yes Yes
. No actual sta1-up date in RFP. Years In Busioes8 taken from experience listed.
CITY OF AVENTURA
REQUEST FOR PROPOSALS
06-2-17 -2
DISASTER RECOVERY SERVICES
SUBMITTAL DATE: February 17, 20062:00 P.M.
REQUEST FOR PROPOSALS
RFP # 06-2-17-2
CITY OF AVENTURA
DISASTER RECOVERY SERVICES
The City of Aventura is requesting proposals from qualified firms to provide Disaster
Recovery Services as needed to the City of Aventura at various locations as directed by
the City. Interested firms should visit the City's website at
www.citvofaventura.com/fss/purchasina.htm to obtain the Request for Proposal
package. Packages may also be picked up at the following location:
Finance Support Services Department
City of Aventura
19200 West Country Club Drive
Aventura, FL 33180
Submittals must be received no later than 2:00 p.m. on February 17th, 2006 and be
clearly marked on the outside,"RFP # 06-2-17-2 Disaster Recovery Services". Late
submittals will not be accepted.
Pursuant to City Code Sec. 2-260 (Ordinance 2002-12), public notice is hereby given
that a .Cone of Silence" is imposed concerning this City's' competitive purchasing
process, which generally prohibits communications concerning the RFP from the time of
advertisement of the RFP until the beginning of the City Commission meeting at which
the City Manager makes a written recommendation to the City Commission concerning
the competitive purchase transaction. Please see the detailed specifications for the
public solicitation for services for a statement fully disclosing the requirements of the
"Cone of Silence".
Pursuant to Ordinance 2005-14; City Code Section 2-420, vendors of the City are
prohibited from in any way providing campaign contributions to City commission
candidates. Please se the detailed specifications of this solicitation for further details.
The City of Aventura reserves the right to accept or reject any and/or all proposals or
parts of proposals, to workshop or negotiate any and all proposals, to waive
irregularities, and to request re-proposals on the required materials or services.
Eric M. Soroka, ICMA-CM
City Manager
Request For ProDosals
SUBJECT:
Disaster Recovery Services
OPENING DATE & TIME:
SUBMIT TO:
February 17, 2006 @ 2:00 P.M.
Office of the City Manager
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
RFP NUMBER:
06-2-17-2
INTENT
The City of Aventura, Florida is inviting the submission of proposals from qualified firms
to provide disaster recovery services for the City of Aventura.
BACKGROUND
The City of Aventura has a diverse population of over 27,000, and desires to engage
the services of a qualified firm to provide comprehensive disaster recovery services as
needed. The City of Aventura is located in the northeast comer of Miami-Dade County
and is approximately 3.2 square miles in size. The City delivers a majority of its public
and community services by utilizing firms employing sound business practices with an
emphasis on excellence and effective customer service principles.
SERVICES SOUGHT
The City of Aventura is seeking qualified firms to provide Disaster Recovery Services in
the event of an emergency situation resulting from, but not limited to, catastrophic
events such as hurricanes and tornadoes. These services would potentially be invoked
for City, County, State and Federal declared emergency disaster events.
The scope of work contemplated by this RFP will only be required when an emergency
situation exists which threatens the life, safety or welfare of the citizens of Aventura.
The successful firm will provide project management to assist the City in a variety of
disaster related services. Such services shall include, but not be limited to, large scale
debris removal, separation, staging and disposal; demolition work, construction and
demolition debris removal; hazardous waste handling; tree trimming, erection, stump
grinding and removal; and necessary infrastructure repairs. The successful firm will
provide these services to the City and shall avail all the necessary resources and
equipment to the City relating to disaster recovery services, as defined in this RFP, on
an immediate and first priority basis when needed.
The successful firm shall provide project management services including emergency
communications and assistance with Federal and State reporting and reimbursement
and other contractual services in response to a disaster, including full and detailed daily
itemized records indicating all services and site expenditures performed by the
successful firm. Documentation of all costs associated with emergency incidents shall
be prepared and submitted in a timely manner to assist the City in cost recovery in
accordance with established Federal Emergency Management Agency (FEMA) and
FHWA (Federal Highway Administration) procedures and requirements. The successful
firm must coordinate with appropriate City staff regarding proper billing procedures to
meet FEMA reimbursement requirements. Invoicing requirements shall include
segregation of costs by site or Damage Survey Reports (DSR's).
The successful firm may supplement in-house resources with private individuals or
companies, subject to City approval. The successful firm shall have the necessary
financial resources to assume extensive and large expenditures.
The City shall pre-designate necessary Temporary Debris Storage and Reduction
(TDSR) sites either within the City, or as designated by Miami-Dade County, for the sole
purpose of the temporary storage and reduction of clean woody debris and construction
and demolition materials by the contractor/contractors.
All information and references submitted will be considered in the selection process.
The City reserves the right to request clarification of information submitted, to interview
respondents and to request additional information of one or more respondents to assist
in the evaluation of submittals and to establish to the City's satisfaction the
responsibility, qualifications, and financial ability of any proposer.
The proposal shall include the following information at a minimum.
1. Qualifications of firm and principals, including but not limited to: firm's history;
number of years in business; safety record; local availability of key personnel;
demonstrated ability to cooperate with local emergency services agencies; comply
with all applicable laws and regulations; ability to plan, coordinate and implement
various disaster recovery related services. Include the number of personnel, heavy
equipment and vehicles that are employed or owned by the Company.
2. Provide all necessary Federal State, County, and local licenses and permits
relating to providing disaster recovery services.
3. All proposals shall include comprehensive and detailed pricing for all services
typically required to facilitate disaster recovery in a timely manner. Include all
hourly rates and charges for personnel, heavy equipment and vehicles including
travel time; unit pricing for debris removal from City property; unit pricing for debris
storage, grinding, reduction, chipping, and disposal; unit pricing for the
management of Temporary Debris Storage and Reduction Areas; stump grinding
and stump removal; and all associated deployment or mobilization fees. Include
the number of personnel, heavy equipment and vehicles that are employed or
owned by the Company. Include all necessary pricing that may not be specifically
mentioned in this RFP.
4. The successful firm will be required to meet with any involved City department
upon request by the City Manager or his designee. The successful firm's account
representative will be available to resolve any related issues that arise during the
normal course of providing the requested services. The successful firm will be
expected to coordinate and communicate effectively with designated City
personnel. The frequency, nature, scope, and definition of the services desired by
the City may change from time to time, at the City's sole discretion. The
requirements of this paragraph must be acknowledged by the proposer.
5. Provide documentation that the proposing firm has successfully completed services
similar to those specified herein to other agencies of similar or larger size to the
City of Aventura. This firm shall be currently engaged in emergency disaster
services on a full time basis and shall have been supplying these services for a
minimum of three years with dedicated management and administrative support
staff, in-house employees and company owned equipment.
CONTENT OF PROPOSAL
Please submit the following information, with responses numbered accordingly, on
8.5" x 11" sheets:
1. Name, address, telephone, and fax number of your firm.
2. Type of organization (i.e., individual, partnership, corporation, joint venture,
etc.), year established, and address of home office if different than above.
3. Principals of the firm.
4. Person who will be responsible for City account.
5. Name, function, and qualifications of personnel in the organization who will be
involved in this project. Please note, to receive further consideration, the
contact person assigned to this project must, within the past three years, have
conducted or been solely responsible for providing comprehensive disaster
recovery services in a similar environment.
6. References as evidence of experience and a current list of clients to prove an
ongoing business operation. A statement detailing the company's net worth
or a letter of credit from a banking institution shall be provided as evidence of
financial resources to guarantee performance.
7. General and professional liability insurance, workers compensation,
automobile liability insurance; company name, and extent of coverages.
8. A complete list of present clients and at least three letters of recommendation.
9. Any other information you feel is appropriate to assist in the selection process
10. Submittals shall be received no later than 2:00 P.M. on February 17, 2006
and clearly marked on the outside "RFP # 06-02-17-2 Disaster Recovery
Services."
11. Respondents must submit five (5) copies of the proposal, one of which shall
be unbound.
EVALUATION OF PROPOSALS
1. A Review Committee consisting of the City Manager, Community Services Director
and Finance Director will evaluate written proposals. Evaluation will include the
following criteria:
a Qualification and experience of personnel who will be directly involved in all
elements of the work.
a Firm size, age, and organizational structure.
a Firm's experience with providing disaster recovery services similar to the
requests contained in this RFP.
a Safety record.
a Innovative ideas as evidenced by the submittal.
a Ability of firm to procure equipment and personnel necessary ,and logistics to
ensure timely, safe, and efficient disaster recovery services.
2. The highest ranked proposals will be identified and those firms will be requested to
make a formal presentation before the selection committee. The selected firms will
then be ranked according to the content of their presentations. The City Manager
will then recommend that the City Commission adopt a resolution authorizing the
City Manager to negotiate an agreement with the highest-ranked firm to provide
disaster recovery services to the City of Aventura.
QUESTIONS
Questions concerning this Request For Proposal should be directed in writing to:
Eric M. Soroka, City Manager
City of Aventura
19200 West Country Club Drive
Aventura, FL 33180
Issues of substance that are brought to the attention of the City will be responded to in
writing, and copies provided to all firms who have received copies of the RFP.
CITY'S RIGHTS
The City of Aventura reserves the right to accept or reject any and/or all proposals or
parts of proposals, to workshop or negotiate any and all proposals, to waive
irregularities, and to request re-proposals on the required materials or services. The
City Commission shall make a final determination and award of proposal(s).
All materials submitted in response to the Request For Proposals become the property
of the City of Aventura and will be returned only at the option of the City. The City has
the right to use any or all ideas presented in any response to the RFP, whether
amended or not, and selection or rejection of the Proposal does not affect this right,
provided however, that any submittal that has been submitted to the City Manager's
Office may be withdrawn prior to submittal opening time stated herein, upon proper
identification and signature releasing submittal documents back to the proposing firm.
CONE OF SILENCE PROVISION
A. Notwithstanding any other provision of these specifications, the provisions of
City Code Sec. 2-260 "Cone of Silence" are applicable to this transaction.
The "Cone of Silence," as used herein, means a prohibition on any
communication regarding a particular Request For Proposal ("RFP"), Request
for Qualification ("RFQ") or bid, between:
a potential vendor, service provider, proposer, bidder, lobbyist, or
consultant, and:
the City Commission, City's professional staff including, but not
limited to, the City Manager and his or her staff, any member of the
City's selection or evaluation committee.
B. The Cone of Silence shall be imposed upon each RFP, RFQ and bid
after the advertisement of said RFP, RFQ, or bid.
C. The Cone of Silence shall terminate at the beginning of the City
Commission meeting at which the City Manager makes his or her
written recommendation to the City Commission. However, if the City
Commission refers the Manager's recommendation back to the
Manager or staff for further review, the Cone of Silence shall be
reimposed until such time as the Manager makes a subsequent written
recommendation.
D. The Cone of Silence shall not apply to:
(1) oral communications at pre-bid conferences;
(2) oral presentations before selection or evaluation
committees;
(3) public presentations made to the City Commissioners
during any duly noticed public meeting;
(4) communications in writing at any time with any City
employee, unless specifically prohibited by the applicable
RFP, RFQ or bid documents. The bidder or proposer
shall file a copy of any written communication with the
City Clerk. The City Clerk shall make copies available to
any person upon request;
(5) communications regarding a particular RFP, RFQ or bid
between a potential vendor, service provider, proposer,
bidder, lobbyist or consultant and the City's Purchasing
Agent or City employee designated responsible for
administering the procurement process for such RFP,
RFQ or bid, provided the communication is limited strictly
to matters of process or procedure already contained in
the corresponding solicitation document;
(6) communications with the City Attorney and his or her
staff;
(7) duly noticed site visits to determine the competency of
bidders regarding a particular bid during the time period
between the opening of bids and the time the City
Manager makes his or her written recommendation;
(8) any emergency procurement of goods or services
pursuant to City Code;
(9) responses to the City's request for clarification or
additional information;
(10) contract negotiations during any duly noticed public
meeting;
(11) communications to enable City staff to seek and obtain
industry comment or perform market research, provided
all communications related thereto between a potential
vendor, service provider, proposer, bidder, lobbyist, or
consultant and any member of the City's professional
staff including, but not limited to, the City Manager and
his or her staff are in writing or are made at a duly noticed public meeting.
E. Please contact the City Attorney for any questions concerning Cone of
Silence compliance.
F. Violation of the Cone of Silence by a particular bidder or proposer shall render
any RFP award, RFQ award or bid award to said bidder or proposer voidable
by the City Commission and/or City Manager.
CAMPAIGN FINANCE RESTRICTIONS ON VENDORS
A. Pursuant to Ordinance 2005-14; City Code Section 2-420, vendors of the City are
prohibited from in any way providing campaign contributions to City commission
candidates.
B. City Code Sec. 2-420. Prohibited campaign contributions by vendors.
(a) General, prohibition, disqualification, definitions.
(1) a. No vendor shall give, solicit for, deliver or provide a campaign
contribution directly or indirectly to a candidate, or to the campaign
committee of a candidate, for the Offices of Mayor or Commissioner.
Commencing on the effective date of this article, all proposed City contracts,
as well as requests for proposals (RFP), requests for qualifications (RFQ),
requests for letters of interest (RFlI), or solicitations of bids issued by the
City, shall incorporated notice of this section so as to notify potential vendors
of the proscription embodied herein.
b. No candidate or campaign committee of a candidate for the Offices of
Mayor or Commissioner, shall deposit into such candidate's campaign
account any campaign contribution which is received directly or indirectly
from a vendor or which such candidate or campaign committee knows or
should know was solicited by or for a vendor or delivered or provided for a
vendor. Candidates (or those acting on their behalf) shall ensure compliance
with this code section by confirming through examination of the official
vendor list which is posted on the City of Aventura website to verify the
vendor status of any potential contributor. A candidate or the campaign
committee of a candidate shall not be in violation of this subsection if the
vendor way not listed as a vendor in the City website at the time that the
contribution was received or deposited so long as the candidate or the
campaign committee of a candidate did not know that the person or entity
was a vendor of the City.
(2) Each prohibited act of giving, soliciting for, delivering or providing a
campaign contribution or depositing a campaign contribution in violation of
this section shall constitute a separate violation. All contributions deposited
into a candidate's campaign account in violation of this section shall be
forfeited to the City's general revenue fund.
(3) a. A person or entity, other than a then existing vendor, who directly
or indirectly makes a campaign contribution to a candidate who is elected to
the office of Mayor or Commissioner shall be disqualified for a period of 12
months following the swearing in of the subject elected official from serving
as a vendor with the City. A then existing vendor who directly or indirectly
makes a contribution to a candidate who is elected to the Office of Mayor or
Commissioner, shall be disqualified from serving as a vendor with the City for
a period of 12 months from a final finding of a violation of this section, or from
the time of action on a waiver request by the City Commission pursuant to
subsection (b) below, in the event that a waiver is sought by the vendor. In
the event that such waiver request for a particular transaction is granted, the
affected vendor shall nonetheless be disqualified from serving as a vendor
with the City as to any other goods, equipment or services to be provided by
the vendor to the City, beyond the vendor goods, equipment or services
which are the subject matter of any waiver which is granted. In the event
such waiver request is denied for a particular transaction the 12-month
disqualification period shall continue to apply to both the particular
transaction for which the waiver was sought, as well as all other vendor
activities for the provision of goods, equipment or services to the City during
that 12-month period.
b. For purposes of this section, the term "disqualified" shall be defined to
include:
1. Termination of a contributor/vendor's existing contracts with the City,
subject to the applicable waiver provisions of subsection (b) herein; and
2. Disqualification of a contributor's response to solicitation requests for
prospective vendor contracts with the city, subject to the applicable waiver of
subsection (b) herein.
(4) As used in this section:
a. Vendor.
1. A "vendor" is a person and/or entity who has been selected by the City
as the successful bidder on a present or pending bid to provide to the City
goods, equipment or services, or has been approved by the City of a present
or pending award to provide to the City goods, equipment or services, prior
to, upon or following execution of a contract, or purchase order.
2. ''Vendor'' shall include natural persons and/or entities who hold a
controlling financial interest in a vendor entity. The term "controlling financial
interest" shall mean the ownership, directly or indirectly, of ten percent or
more of the outstanding capital stock in any corporation or a direct or indirect
interest of ten percent or more in a firm. The term ''firm'' shall mean a
corporation, partnership, business trust or any legal entity other than a
natural person.
3. ''Vendor'' shall not include City officers or employees.
4. For purposes of this section, ''vendor'' status shall terminate upon
completion of performance of the agreement for the provision of goods,
equipment or service.
b. Services. For purposes of this section, the term "services" shall mean
the rendering by a vendor through competitive bidding or otherwise, of labor,
professional and/or consulting services to the City, including, but not limited
to, the provision of lobbying services to the City.
c. Campaign contributions. The term "campaign contribution" shall have
the meaning which is ascribed to the term "contributions" pursuant to F.S. ~
106.011, as amended.
(b) Waiver of prohibition.
(1) Criteria for waiver. The requirements of this section may be waived by
the affirmative vote of five members of the City Commission for a particular
transaction after a public hearing, upon finding that:
a. The goods, equipment or services to be involved in the proposed
transaction are unique and the City cannot avail itself of such goods,
equipment or services without entering into a transaction which would violate
this section but for waiver of its requirements; or
b. The business entity involved in the proposed transaction is the sole
source of supply as determined by the City Manager in accordance with
procedures established by the City Manager; or
c. An emergency contract (as authorized by subsection 2-253(5) of this
Code) must be made in order to protect the health, safety or welfare of the
citizens of the City; or
d. A contract for the provision of goods, equipment or services exists
which, if terminated by the City would be substantially adverse to the best
economic interests of the City.
(2) Umited waiver. Notwithstanding the denial of the City Commission of a
waiver request regarding the provision of goods, equipment or services
under an existing contract pursuant to subsection (b)a. above, the City
Commission, may by the affirmative vote of five members of the City
Commission after a public hearing, grant a limited waiver conceming an
existing contract for the provision of goods, equipment or services between a
vendor and the City upon finding that in order to protect the health, safety
and welfare of the citizens of the City, it is necessary that the affected
contract be continued for a limited duration (not to exceed a period of six
months) in order for the City to obtain a replacement vendor.
(3) Fu/I disclosure. Any grant of a waiver or limited waiver by the City
Commission must first be supported with a full disdosure of the subject
campaign contribution.
(c) Implementation. The City Manager is authorized to adopt additional
procurement procedures for goods, equipment or services to implement this
section. These procedures shall provide for the assembly, maintenance and
posting of an official City vendor list as referenced above.
(d) Penalty. The Ethics Commission created pursuant to Miami-Dade
County Ordinance 97-105, shall have primary jurisdiction for enforcement of
this section. A finding by the Ethics Commission that a person violated this
section, shall subject such person to an admonition or public reprimand
and/or a fine of $250.00 for the first violation, and $500.00 for each
subsequent violation.
(e) Applicabi/ity. This section shall be applied only prospectively to
campaign contributions which are made after the date of this section.
CROWDER-GULF
CITY OF AVENTRUA, FLORIDA
DISASTER RECOVERY SERVICES
1. NAME, ADDRESS, TELEPHONE, and FAX NUMBER of CROWDER-GULF:
Crowder-Gulf Joint Venture, Inc.
5535 Business Parkway
Theodore, Alabama 36582
Phone: 800-992-6207
Fax: 251-654-0470
2. TYPE OF ORGANIZATION (i.e., individual, partnership, corporation, joint venture,
etc.), year established, and address of home office if different than above:
Crowder-Gulf is a joint venture that was organized in 1994. It was incorporated in 2002 as a Florida
Corporation.
3. PRINCIPALS OF THE FIRM:
The joint venture is comprised of Gulf Equipment Corporation, an Alabama corporation
and Crowder Excavation and Land Clearing, a Florida corporation. Our Crowder-Gulf team has the
capacity, prior experience, and financial strength to efficiently and effectively perform all functions
related to storm debris management.
. COMPANY INFORMATION
Crowder-Gulf Joint Venture, Inc.
FEIN: 01-0626019
John Ramsay - President
Gulf Equipment Corporation
FEIN: 63-0879907
AL Contractor's License 18767
L.W. Ramsay, Jr. - President
Crowder Excavation & Land Clearinq Co.
FEIN: 59-1058504
FL Contractors License # CG-C054485
Jimmy Crowder - President
4. CITY OF AVENTURA ACCOUNT RESPONSIBILITY:
. CONTACT INFORMATION Listed below is the contact information for the personnel responsible
for the City of Aventura Account:
Primary Contact Alternate Contact
John Ramsay, President Charlie Hunter
5535 Business Parkway 5535 Business Parkway
Theodore, Alabama 36582 Theodore, Alabama 36582
(800) 992-6207 office (800) 992-6207 office
(251) 654-0470 fax (251) 654-0470 fax
(251) 402-3677 cell (850) 528-8015 cell
Jramsay@crowderqulf.com Charliehunter17@aolcom
1
CROWDER-GULF
CITY OF AVENTRUA, FLORIDA
DISASTER RECOVERY SERVICES
5. QUALIFICATIONS OF PERSONNEL:
The severity of the disaster will determine how many employees will be assigned to a specific
disaster event. Depending on the scope of the disaster, Crowder-Gulf uses a combination of
company crews and subcontractors to perform work. We will begin with Crowder-Gulf personnel
and proceed to add additional personnel or subcontractors until we have sufficient personnel to
effectively and efficiently manage and handle the disaster recovery effort. We have commitment
letters from numerous subcontractors in the Southeast who will respond and mobilize within 24
hours of notice. Our policy is to hire qualified local subcontractors if they are available.
Crowder-Gulf has the following sources of management and inspection personnel:
L.,
· Personnel who are currently employed by both Crowder Excavation and Gulf Equipment on a
continuing or consulting basis with vast experience in managing and performing disaster
related work.
. Large subcontractors who can provide their own compete,lt management and inspecticn
personnel with minimum oversight from our Management Team, along with over 200 other
self-sufficient experienced subcontractors who have worked with us on previous disasters and
understand Crowder-Gulf's management philosophy and Management Plan.
. Retired and semi-retired construction, city, county, FEMA, and power company professionals
who are experienced in managing and inspecting disaster related work.
· Crowder-Gulf has a standby agreement with various engineering companies to provide
personnel for engineering services.
· For temporary housing, Crowder-Gulf is teamed with North American Catastrophe
Services, Inc. NACS is recognized as the nation's leader in providing turnkey solutions to
temporary housing. They are capable of responding under the PA program as well as the IA
program. Their PA housing can consist of every level of service needed including but not
limited to housing, catering, laundering, security and power support. Their turnkey IA housing
program is the blueprint for GSA.
. We have a stand-by agreement with Garner Environmental Services, Inc., to handle
hazardous materials. Garner Environmental will respond to a wide spectrum of pollution
incidents with professional personnel to insure a proper, legal, and effective cleanup, 24
hours per day, 7 days a week. Garner Environmental response teams are staffed and
supported with qualified and extensively trained personnel who are fully equipped with state
of the art response equipment and instrumentation. Garner is recognized as an industry
leader and has combined the best and most practical field experiences and the most practical
technologies available for investigation, remediation, restoration, and management of
hazardous, non-hazardous emergency situations, sites and facilities. Garner Environmental's
professional staff possesses the necessary technical education and experience to meet the
challenges of today's environmental/petro-chemical industry. A full service company
established in 1981, Garner Environmental offers its clients a wide range of services.
Key Personnel. Crowder-Gulf's key management, administrative and supervisory personnel
have well in excess of 130 years combined disaster management, assessment, collection,
separation, reduction, recycling, and demolition experience. We have provided and
successfully performed disaster recovery services for a variety of governmental entities during
most major natural disasters (including hurricanes, floods, tornados, and ice storms)
throughout the Southeast over the past 30 years.
L;
2
CROWDER-GULF
CITY OF AVENTRUA, FLORIDA
DISASTER RECOVERY SERVICES
All Crowder-Gulf officers, managers and supervisors have been involved in previous successful disaster
related debris operations and have been trained to the quality control concerns, safety concerns, ethics
and drug policies of Crowder-Gulf. All key personnel understand our management plan concept and its
relationship to this company's Mission Statement. The following is a list of our key management,
administrative and supervisory personnel who will be assigned to this project:
. John Ramsav - Director of Operations (DOl & President. Mr. Ramsay is a graduate of
Auburn University with a degree in Agriculture and has over 35 years of experience in storm
debris operations and management. He has directed the successful completion of over 18
major operations from the most recent 2005 Hurricanes Dennis, Katrina, Rita and Wilma to
Hurricane Camille in 1969. He is one of the foremost experts in all phases of a debris
operation from removal, reduction, recycling and disposal. Major natural disaster projects
successfully completed as Director include:
I Year & Disaster ContractinCl Entitv
1) 2fl05 Hurricanes Dennis, Florida - Florida DOT, CQunties: Bay, Walton, Escambia, l "A.
Katrina, Rita and Wilma Cities: Ft. Lauderdale, Sanibellsland, Wilton Manors, West Palm
Beach, North Miami, North Miami Beach, and Pompano.
Alabama - Baldwin County & the City of Atmore
Mississippi - Cities: Pascagoula, Biloxi and Gulfport
Louisiana - Calcasieu Parish
Texas - Jefferson Countv & City of Dickinson
2) 2004 Hurricanes Charley,
Frances, Ivan and 38 Cities and Counties in Florida, Alabama and Mississippi
Jeanne
3) 2003 Hurricane Isabel Virginia - VPPSA (Cities of Newport News & Poquoson, Counties
of James City & York); SPSA (Cities of Norfolk, Suffolk, & Virginia
Beach; Counties of Isle of Wight & Southampton).
North Carolina - Dare County, Towns of Nags Head, Kitty Hawk,
Hatteras, & Williamston, Cities of Rockv Mount & Wilson.
4) 2003 Ice Storm Winston-Salem, NC
5) 2002 Ice Storm Lee's Summit, MO & Kansas Citv, KS
6) 2001 TS Allison Harris County & City of Houston, TX
7) 1999 Hurricane Counties of Wilson, Nash, Edgecombe, & Richmond, NC;
Flovd/Floods Cities of Wilson, Rocky Mount, Princeville, and Rockingham, NC
8) 1998-Hurricane Georges Harrison County, MS
9) 1996-Hurricane Fran COE- 20 counties in NC; citY of Wilson, NC; County of Wilson, NC
10) 1995-Hurricane Opal Cities of Panama City, Lynn Haven, FL; Bay County, FL
11) 1995-Hurricanc Erin Escambia County Utility Authority, Pensacola, FL
12)1994-lce Storm Cities of Memphis & Germantown, TN I
13) 1992-Hurricane Andrew Miami Beach; City of Miami; Key Biscayne; Broward County, FL
14) 1991-lce Storm Birmingham, AL
15) 1989-Hurricane Hugo Charleston, SC; Cypress Gardens in Charleston; Manning, SC;
Florence, SC; Kershaw County, SC; SC DOT
16) 1983-Hurricane Alicia Harris County & City of Houston, TX
17) 1979-Hurricane Frederic COE -Mobile, AL District
18) 1969-Hurricane Camille MS & AL- Agricultural Stabilization & Conservation Service
3
CROWDER-GULF
CITY OF AVENTRUA, FLORIDA
DISASTER RECOVERY SERVICES
. Bud Rich - Assistant Director of Operations (ADO). Bud has held overall direction and
control positions in debris management since 1993 and is regarded as an expert in the specific
phase of debris reduction. His major storm experience includes Hurricanes Charley, Frances,
Ivan and Jeanne in 2004, Hurricane Isabel in Virginia in 2003, Winston-Salem in 2003, the ice
storms in Kansas and Missouri in 2002, Hurricanes Erin, Opal, Fran and Floyd, plus numerous
smaller operations over the past nine years.
. Raymond "Buddy" YounQ - Public Relations / Technical Assistance ManaQer (PR). Buddy
was Regional Director of FEMA Region VI from 1993 - 2001. Buddy served as Administrator for
133 federally declared disasters and emergencies. He is nationally known and recognized in the
Emergency Management business and is extremely knowledgeable about FEMA policies and
procedures. Buddy is also a retired Captain of the Arkansas State Police where he served for 26
years. He provided management support and technical assistance to Crowder-Gulf's clients after
Hurricanes Charley, Frances, Ivan and Jeanne in 2004 and Hurricane Isabel in 2003.
Buddy also works with the Texas A&M Engineering Extension Program as an adjunct
instructor. This program has a contract to provide terrorism response training to include all
t',r;es of incidents for local and state governments, as well as the U. S. Air Force. H~
conducts full-scale exercises with local and state agencies in response to incidents of
terrorism and natural disasters. Buddy is one of the most knowledgeable people working in
the debris management business concerning the management of major disasters.
. MarQaret R. WriQht, Ph.D.. - Special Proiects Manaqer/On-site Office ManaQer. Margaret has
had over twenty years of professional training and managerial experience. Her experience in
disaster recovery includes general manager in Florida following Hurricanes Charley, Frances,
Ivan and Jeanne and in Virginia after Hurricane Isabel and onsite Office Manager in North
Carolina after Hurricane Fran. Her duties included regulations compliance, management of record
keeping which included day-to-day operations of work completed, communication and
coordination with contracting entities during reconciling process, and conducting formal
evaluations at completion of projects. In her previous employment with Intelligent Decision
Systems, Inc" Margaret was a team member for curriculum analyses for eight Navy courses. She
directed extensive data collection and analysis, and formulated recommendations regarding
realizing maximum training efficiency and effectiveness through the infusion of technology. She
was also involved in the analysis and development of a large award-winning project for the
Navy's Surface Warfare Officer School that provides on-the-job training utilizing technology and a
cognitive apprenticeship approach to present instruction Margaret has also held positions with
both the University of South Alabama and the Mobile County Public School System, which
required project coordination and management skills.
. William WriQht - Safety/Quality Control ManaQer (SQCMI. Mr. Wright has an engineering
degree from Auburn University and worked for Alabama Power Company for 31 years in various
management positions. In the aftermath of Hurricanes Frederick, Erin and Opal he was
responsible for managing and coordinating power crews in the restoration of power in the
Southeastern Division of Alabama Power. Willie served as a Safety Specialist for Alabama
Power from 1995 until his retirement. He is presently a Safety Consultant to Crowder-Gulf and a
key member of our Management Team. Willie managed Crowder-Gulf's debris and reduction
operation in York County, VA after Hurricane Isabel and Orange County, Florida following
Hurricanes Charley and Frances and Escambia County, Florida after Hurricane Ivan.
4
CROWDER-GULF
CITY OF AVENTRUA, FLORIDA
DISASTER RECOVERY SERVICES
. Eric Hall - Debris Reduction Mana~er (DMl. Mr. Hall is a specialist in Air Curtain Incineration
and has worked in the storm debris business since 1987. He has worked as Debris Reduction
Manager for Crowder-Gulf in Florida after Hurricanes Andrew in 1992, Erin and Opal in 1995,
plus North Carolina after Hurricane Fran in 1996. Eric managed Crowder-Gulf's debris operations
in City of Orlando following Hurricanes Charley, Frances and Jeanne in 2004 and in Dare County,
North Carolina, during Hurricane Isabel in 2003.
. Charlie Hunter - Proiect ManaQerl Sales Representative. Mr. Hunter spent over twenty (20)
years in the active U,S, Army Corps of Engineers in numerous duty assignments from 1956 till
1977. Upon retiring from the US. Army, Mr. Hunter worked for three (3) Counties in the State of
Florida from 1977 until February 2001 serving as Solid Waste Operations Director for Putnam
County from 1977- 1988, City of Aventura from 1990 - 1991, and Brevard County from October
1991 - 2001. After retiring from Brevard County under the State of Florida Retirement system, he
came to work with Crowder-Gulf in October 2001. He was a project manager in Florida following
Hurricanes Katrina, Wilma, Charley, Frances and Jeanne and in Lee's Summit, Missouri and
Kansas City, Kansas after the 2002 ice storms.
Available PeL.cnnel: The following is a list of Crowder-Gulf's available management,
administrative, and supervisory personnel (full resumes are available on request) who, depending
on the scope of the work, may be assigned to the contract:
. Jimmie 1. Crowder - Assistant Director of Operations
. Lyman W. Ramsay, Jr., BS in Agriculture - Assistant Director of Operations
. Robert L. Mayo, BS in Accounting, CPA - Accountant
. Judy Davis - Accountant
. Kelly Pridgen - Project Manager I Accounts Manager
. Ashley Ramsay - Project Manager I Manager of Disaster Administration Office
. Tina L. Crowder - Office manager
. William M. McGough, Jr., BS in Civil Engineering - Equipment Superintendent
. Arnold L. Jackson, BS in Economics - Communications Specialist
. Don Beauchene, Project Manager
. David Hogen - Project Manager
. Howard Turner, Project Manager
. Ricky Boy Jones, Project Manager
. Tommy Smith, Project Manager
. Austin Bolton, Project Manager
. Larry Smith, Project Manager
. Hugh Houlton, Project Manager
. Joe Bray - Project Manager, FEMA Specialist
. Billy Coile- Sub-contractor Crew Foreman Coordinator
. D, R. Lavender - Superintendent I Subcontractor Crew Foreman Coordinator
. John Aaron Ramsay - Superintendent I Sub-contractor Crew Foreman Coordinator
. Amber Ramsay - Public Relations I Media Manager I Customer Relations
. Wes Naile - Logistical Coordination
. Jason Thompson - Computer Network Specialist
. Kelley James - Subcontractor Accounts Payable Manger, Disaster Administration Office
. Kelly W Carroll, MSW - Project Specialist
5
CROWDER-GULF
CITY OF AVENTRUA, FLORIDA
DISASTER RECOVERY SERVICES
6. REFERENCES:
A. DISASTER PROJECTS
1. Project Title:
Client:
Contact:
Project:
2. Project Title:
Client:
Contact:
Project:
3. Project Title:
Client:
Cont.;.;l:
',F Project:
4. Project Title:
Client:
Contact:
Project:
5. Project Title:
Client:
Contact:
Project:
6. Project Title:
Client:
Contact:
Project:
7. Project Title:
Client:
Contact:
Project Term:
Period:
Project:
8. Project Title:
Client:
Contact:
Project Term:
Period:
FEMA-1604-DR Hurricane Katrina
City of Pascagoula, Mississippi
Kaye Kell, City Manager (251) 243-5702
Manage, survey, collect, reduction and disposal of debris
FEMA-1605-DR Hurricane Katrina and FEMA-1551-DR 2004 Hurricane Ivan
Baldwin County, Alabama
Lee Ann Ryals, Director of Baldwin County EMO (251) 947-1011
Tom Grainger, Baldwin County Engineer (251) 455-5141
Manage, survey, collect, reduction and disposal of debris
FEMA-1605::OR Hurricane Katrina and Ivan
City of Daphne, Alabama
Ken Eslava, Public Works Director (251) 591-3377
Manage, survey, collect, reduction and disposal of debris in City and Parks
FEMA-1605-DR Hurricane Katrina and FEMA-1551-DR 2004 Hurricane Ivan
City of Gulf Shores, Alabama
Chuck Hamilton, Gulf Shores Public Works Director (251) 968-1155
Manage, collect, reduction and disposal of debris, beach cleaning, debris
removal from Gulf Waters and surrounding water bodies
FEMA-1605-DR Hurricane Katrina and FEMA-1551-DR 2004 Hurricane Ivan
State of Alabama Department of Conservation and Natural Resources
Terry Boyd, DCNR Director (334) 850-5060/ (334) 868-9851
Chuck Hamilton, Gulf Shores Public Works Director (251) 968-1155
Matt Bell, Engineer, Volkert & Associates (251) 968-7551
Mitch Kidd, Engineer, Volkert & Associates (251) 968-7551
Debris removal, disposal and beach cleaning - Gulf of Mexico, Alabama State
Park, Little Lagoon, Weeks Bay, Magnolia River and Dauphin Island
Demolition of Former Navy Housing - Lexington Terrace
Escambia County Parks & Recreation Department
Kevin Briski, Director (850) 595-4980
Demolition, collection and disposal of debris
FEMA-1539-DR 2004 Hurricane Charley & FEMA-1561-DR Hurricane Jeanne
Orange County, Florida
William P. Baxter, Public Works Director (407) 836-7979
Deodut Budhu, Manager Roads & Drainage (407) 836-7919
6 months
8/04 - 2/05
Manage, survey, collect, reduction and disposal of debris
FEMA-1539-DR 2004 Hurricane Charley & FEMA-1561-DR Hurricane Jeanne
City of Orlando, Florida
David Metzker, Public Works Director (407) 246-3573
Mike Carroll, Solid Waste Bureau Chief (407) 538-8916
6 months
8/04 - 2/05
6
CROWDER-GULF
CITY OF AVENTRUA, FLORIDA
DISASTER RECOVERY SERVICES
Project:
Manage, survey, collect, reduction and disposal of debris
9. Project Title:
Client:
Contact:
Project Term:
Period:
Project:
10. Project Title:
Client:
Contact:
Project Term:
Period:
Project:
11. Project TitlE.:.
Client:
Contact:
Project Term:
Period:
Project:
12. Project Title:
Client:
Contact:
Project Term:
Period:
Project:
13. Project Title:
Client:
Contact:
,-,
Project Term:
Period:
Project:
14. Project Title:
Client:
Contact:
Project Term:
Period:
Project:
15. Project Title:
Client:
Contact:
Project Term:
Period:
Project:
FEMA-1539-DR 2004 Hurricane Charley & FEMA-1561-DR Hurricane Jeanne
Brevard County, Florida
Uri Rodriguez, Solid Waste Department Manager (321) 633-2042
Roger Turnbull, Solid Waste Operations Manager (321) 633-1888
6 months
9/04 - 2/05
Manage, survey, collect, reduction and disposal of debris
FEMA-1539-DR 2004 Hurricane Charley & FEMA-1561-DR Hurricane Jeanne
Polk County, Florida
Lance Davis, Roadway Maintenance Superintendent (863) 534-7631
7 months
9/04 - 3/05
Manage, survey, collect, reduction and disposal of debris
F[MA-1539-DR 2004 Hurricane Charley
City of Sanibellsland, Florida
Gates Castle, Public Work Director (239) 472-6397
6 months
8/04 - 2/05
Manage, survey, collect, reduction and disposal of debris
FEMA-1539-DR 2004 Hurricane Charley & FEMA-1561-DR Hurricane Jeanne
Lee County, Florida
John Campbell, Emergency Management Director (239) 477-3614
6 months
8/04 - 2/05
Manage, survey, collect, reduction and disposal of debris
FEMA-1539-DR 2004 Hurricane Charley & FEMA-1561-DR Hurricane Jeanne
Hardee County, Florida
Janice Williams, Solid Waste (863) 773-3199
Lance Davis, Road Supervisor (863) 287-7327
5 months
8/04 - 1/05
Manage, survey, collect, reduction and disposal of debris
FEMA-1551-DR 2004 Hurricane Ivan
Walton County, Florida
Bill Emfield, Director of Purchasing (850) 892-8470
3 months
9/04 - 1/05
Manage, survey, collect, reduction and disposal of debris
FEMA-1551-DR 2004 Hurricane Ivan
Escambia County, Florida
George Touart, County Administrator (850) 595-4947
Ongoing
9/04 -
Manage, survey, collect, reduction and disposal of debris
7
CROWDER-GULF
CITY OF AVENTRUA, FLORIDA
DISASTER RECOVERY SERVICES
16. ProjectTitle:
Client:
Contact:
Project Term:
Period:
Project:
Entities:
17. Project Title:
Client:
Contact:
Project Term:
Period:
Project:
Entities:
18. Project Title:
Client:
Contact:
Project Term:
Period:
Project:
19. Project Title:
Client:
Contact:
Project Term:
Period:
Project:
20. Project Title:
Client:
Contact:
Project Term:
Period:
Project:
FEMA-1491-DR-VA, 2003 Hurricane Isabel
Virginia Peninsulas Public Service Authority
Stephen B. Geissler, P. E., Executive Director (757) 259-9850
7 months
9/03 - 4/04
Manage, survey, collect, reduce and dispose of approximately 1.9 million CY of debris
City of Newport News James City County
City of Poquoson York County
FEMA-1491-DR-VA, 2003 Hurricane Isabel
Southeastern Public Service Authority
Steve Coomer, CPPB, Purchasing Administrator (757) 420-4700
7 months
9/03 - 4/04
Manage, survey, collect, reduce and dispose of approximately 2.25 million CY of debri
r.ity of Norfolk Isle of Wight County
City of Suffolk Southampton County
City of Virginia Beach
FEMA-1457-DR-NC, 2003 Ice Storm Debris Removal
City of Winston-Salem, North Carolina
Public Works Department
Gregory M. Turner, Assistant City Mgr. Public Works (336) 727-2545
Rebecca McBride, Director of Sanitation, (336) 727-2638,
(336) 748-3080
5 weeks
4/03 - 5/03
Manage, survey, and collect vegetative debris
FEMA-1403-DR-MO, 2002 Ice Storm Debris Removal and Reduction
City of Lee's Summit Missouri
Public Works Department
Robert Hartnet, Deputy Director of Public Works - (816) 969-7323
Russell Pankey, Procurement Manager (816) 969-7466
6 weeks
2/02 - 4/02
Manage, survey, collect and reduce vegetative debris
FEMA-1402-DR-KS, 2002 Ice Storm Debris Removal and Reduction
Unified Government of Wyandotte County & Kansas City Kansas
Public Works Department
Bill Blackwell, Deputy County Engineer - (913) 573-5700; (816) 835-4486 Cell
George Sooter, Right of Way Manager - (913) 573-5700
3 months
2/02 - 4/02
Manage, survey, collect and reduce vegetative debris
Note: All of the above were federally reimbursable projects and were completed without dispute.
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CITY OF AVENTURA, FLORIDA
OISASTI:R RI:COVERY SERVICES
C. TRAINING REFERENCES: Crowder-Gulf, has conducted training seminars for several of
our clients in Florida. The seminars, which were attended by members of various departments of
the local governments, covered debris operations and procedures, data tracking, accounting, and
Public Assistance funding and concerns. References for these training seminars are as follows:
Brevard County
Jerry Rodriguez, Solid Waste Director. (321) 633-2042
Lisa Tolon, Assistant Solid Waste Director, (321) 633-7112
2725 Judge Fran Jamieson Way, Building "e"
Viera, FL 32940
City of Destin
Charles L. Meister, City Engineer, (850) 837-4242
Tim Shockley, Public Works Director, (850) 837-4242
4200 Two Trees Road
l)estln, Florida 32541
City of Fort Lauderdale
Greg Slagle, Director - Sanitation Division, (954) 828-5311
949 N,W. 38th Street
Fl. Lauderdale, FL 33309
Lee County
Cindy Logan, Contract Management Supervisor, 941-335-2183
David Saniter, Lee County Emergency Management, 941-477-3600
1500 Monroe Street, 4th Floor
Fort Myers, Florida 33901
Leon County
Keith Roberts, Purchasing Director
Judd Curtis, Solid Waste Director, 850-488-1505
Purchasing Division
2284 Miccosukee Road
Tallahassee, Florida 32308
~ :1
City of Panama Citv
Ken Hammons, City Manager, 850-872-3010
Joseph E, Villadsen, Public Works Director, 850-872-3170
PO Box 1880
Panama City, Florida 32402
c'J
City of Tallahassee
Marty Bishop, EMC, 850-933-0778
Cathy Kirkpatrick, Manager - Procurement Services, (850) 891-8130
300 South Adams Street, Tallahassee, Florida 32301-1731
D. FINANCIAL: Financial Statement Attached
7. INSURANCE: Sample Insurance Certificate Attached
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CROWDER-GULF
CITY OF AVENTURA, FLORIDA
DISASTER RECOVERY SERVICES
C. TRAINING REFERENCES: Crowder-Gulf, has conducted training seminars for several of
our clients in Florida. The seminars, which were attended by members of various departments of
the local governments, covered debris operations and procedures, data tracking, accounting, and
Public Assistance funding and concerns. References for these training seminars are as follows:
Brevard Countv
Jerry Rodriguez, Solid Waste Director, (321) 633-2042
Lisa Tolon, Assistant Solid Waste Director, (321) 633-7112
2725 Judge Fran Jamieson Way, Building "C"
Viera, FL 32940
City of Destin
Charles L. Meister, City Engineer, (850) 837-4242
Tim Shockley, Public Works Director, (850) 837A242
4200 Two Trees Road
Destin, Florida 32541
City of Fort Lauderdale
Greg Slagle, Director - Sanitation Division, (954) 828-5311
949 NW. 381h Street
Ft. Lauderdale, FL 33309
Lee Countv
Cindy Logan, Contract Management Supervisor, 941-335-2183
David Saniter, Lee County Emergency Management, 941A77-3600
1500 Monroe Street, 4th Floor
Fort Myers, Florida 33901
Leon Countv
Keith Roberts, Purchasing Director
Judd Curtis, Solid Waste Director, 850-488-1505
Purchasing Division
2284 Miccosukee Road
Tallahassee, Florida 32308
l,
City of Panama City
Ken Hammons, City Manager, 850-872-3010
Joseph E. Villadsen, Public Works Director, 850-872-3170
P.O Box 1880
Panama City, Florida 32402
City of Tallahassee
Marty Bishop, EMC, 850-933-0778
Cathy Kirkpatrick, Manager - Procurement Services, (850) 891-8130
300 South Adams Street, Tallahassee, Florida 32301-1731
l..)
D. FINANCIAL: Financial Statement Attached
7. INSURANCE: Sample Insurance Certificate Attached
14
Current Assets
10102.00
10104.00
10105.00
10106.00
11100.00
Total Current
Crowder-Gulf
Balance Sheet
December 31, 2004
Assets
Wachovia - Virginia Operat
Regions - Sweep
Wachovia - Operating Accou
Bank Of America - Crowder
Accts Recivable - Trade
Assets
Long Term Assets
Total Long Term Assets
$ 365,243.23
5,377.44
1,921,596.41
2,094,185.11
115.087.28J .34
$ 119,473,683.53
Total Assets $ 119.473.683.53
Confidential: For lnternal Use Only
Crowder-Gulf
Balance Sheet
December 31, 2004
Liabilities and Equity
Current Liabilities
12001.00 Loan from Gulf
12002.00 Loan from Crowder
20000.00 Accts Payable - Trade
Total Current Liabilities
$ 4,344,972.07
24,000,000.00
8 980 158 63
Long Term Liabilities
Long Term Liabilities
Total Liabilities
Equi ty
39001.00
39005.00
Equity - LTJ, Inc.
Retained Earnins
Net Income
$ 2,000,000.00
18,044,663.80
62.103.529.03
Total Equity
Total Liabilities & Equity
Confide:"tial:
For Internal Use Only
$ 37,325,130.70
$ 37,325,130.70
LM,148,192.83
$ 119 473.323.53
Account
Income
40000.00
40007.00
40014.00
40014.01
40014.02
40014.10
40014.15
40014.20
40014.21
40014.22
40014.30
40014.40
40014.42
40014.43
40014.50
40020.00
40027.00
40029.00
40030.00
49500.00
Total
Crowder-Gulf
Income Statement
For the Period Ended December 31, 2004
Title
Contracting Income AL
Debris Income- Hauling (FL)
Debris Income - Virginia
Pass Thru Revenue
Pass Thru Bonding Revenue
Debris Removal - Veg, C&D,
Mulch Haul Out
Debris Removal - Stumps
Debris Reduction - Grinding
Debris Burning - Controlled
Debris Removal - Task Order
Debris Removal-Hourly
Debris Site Management
Site Preparation & Restorat
Emergency Road Clearance
Interest Earned
Income - N/C Storm Cleanup
Misc Income Storm
Other Income
Unbilled Receivables
Income
Cost of Sales
50000.00
50002.00
50003.00
50004.00
50005.00
50009.00
50010.00
50012.00
50015.00
50016.00
50018.00
50020.00
50025.00
50027.00
50028.00
50030.00
Equipment Rental AL
Equipment Rental VA
Equipment Rental TN
Equipment Rental NC
Equipment Rental FL
Labor-Storm Clean Up
Labor
Company Equipment
Material & Supplie
Materials VA
Materials - FL
Subcontract - Debris Remova
Dump Fees
Trav & Lodging Storm Clean
Contract Services Construct
Damages
Current
Activity
$ 159,012
5,487,728
4,498,562
134,592
1'06,871)
(1,650 )
5,378
102,600
6,391
40.267.213
$ 50,602,955
$ 28,531
202,973
14,280
6,031
816
3,297,139
1,863,866
146,125
36,371
Confidential: For Internal Use Only
Current
Balance
$ 19,719,899
156,105,958
13,861,178
162/363
70,013
5,830,656
1,709,700
2,039,239
50,007
2,005,571
561,105
835,873
823,050
4,125
20,876
326,605
8,211
1,813,256
46.347.177
$ 252,294,862
$ 180,262
303,850
492
64,024
1,654,329
5,440
109,016
6,087
84,964
26,544
10,182
18,378,659
5,324,537
14,757
4,074,418
100,822
Crowder-Gulf
Income Statement
For the Period Ended December 31, 2004
Account
Title
Current
Activity
50032.00 Safety Training & Equipment
50047.00 Freight - Storm Clean Up
50048.00 Hauling - Debris Removal
50048.01 Debris Removal - Grinding
50048.02 Debris Removal Site Opera
50060.00 Hauling
50093.00 Bond Cost
50099.00 Other Job Costs
59800.00 Unpaid Sub Costs
Total Cost of Sales
Gross Margin
21,681,177
3,134,801
6,721,659
2,715
2,101
S 37~585
$ 13,464,370
Expenses
60000.00
60005.00
60010.00
60020.00
60032.00
60055.00
60060.00
60065.00
60070.00
60093.00
60095.00
60105.00
60109.00
60130.00
60132.00
60135.00
60140.00
60142.00
60150.00
60154.00
60155.00
60158.00
60167.00
60170.00
60175.00
60180.00
60185.00
60190.00
Advertising & Promotions
Vehicle Expenses
Bank Charges
Contributions
Conference Fees
Employee Benefits
Freight
Fuel (Diesel)
Small Tools
Bonds
Insurance - Liability
Insurance - Workers Compens
penalties
Misellaneous
Employee Durg Screening
Office Expense
Office Expense - Contract S
Contract Services - Const
Professional Fees
Repair & Maintainance Equip
Repair and Maintenance Gene
Repair & Maint Trucks
Bonuses
Supplies - Other
Taxes & Licenses
Telephone
Small Tools
Travel & Job Site Lodging
$ 73
321,534
7,500
13,630
20,395
18
266,953
7,418
295,669
139,495
1,530
56,872
583
7,788
91,542
Confidential: For Internal Use Only
Current
Balance
$ 7,187
1,450
130,078,559
12,171,429
8,443,457
30,097
347,209
45,397
130
S 181.463.298
$ 70,831,564
$ 12,891
4,502
335,192
13,500
8,720
113
87,683
197,470
28,380
223,069
211,283
1,189
1,756
3,932,206
762
92,499
946,660
400,165
384,018
141,159
127
7,822
118,000
9,354
6,177
36,970
4,762
914,353
Account
60190.01
60191.00
60195.00
60200.00
60300.00
Total
Crowder-Gulf
Income Statement
For the Period Ended December 31, 2004
Ti tle
Current
Activity
Travel Lodging
Auto Reimbursement
Per Diem
Utilities
Uncollectible Accounts
Expenses
$96,196
11,209
20,003
817
1 000
$ 1,360,225
other Income
Total Other Income
Net Income (Loss)
~ j
,.,j
S 12.104.]45
Co~fidential: For Internal Use Only
Current
Balance
$ 442,634
38,339
124,464
816
] 0 QJJ.
$ 8,728,035
S 62.103.529
LIMITS OF LIABILITY IN
TYPE OF INSURANCE POllCY POllCY THOUSANDS
NUMBER PERIOD (000)
WORKERS' COMPENSATION & XSWC-070176 /1/05 WORKERS COMPENSA T[ON
EMPLOYERS llAllILITY /l /0 8
EMPLOYERS LIABILITY
0 NO U. S. umgshoremen's and Harbor Workers' Each Accident $ 1.000
Compensation Act Coverage Disease. Policy Limit $ 1.000
0 NO Outer Continental Shelf Land Act Disease. Each Employee $ 1.000
0 NO Jones Act (including Transportation, Wages,
Maintenance, and Cure), Death on the High MARITIME EMPLOYERS
Seas Act & Genera! Maritime Law LIABILITY $ 1.000
0 NO Voluntary Compensation Endorsement
0 NO Other States Insurance
0 NO Alternate EmployerlBorrowed Servant Endorsement
0 NO "In Rem" Endorsement
0 NO Gulf of Mexico Territorial Extension
GENERAL LIABILITY XSGL,072804
Fonn & Edition Date [SO CG 00 01 11188 9/1/0~ General Aggregate Unlimited
/1/08 Products-Comp/OPS Agg. $ 3,000
0 NO Broad Form Property Damage Liability Personal & Advertising Injury S 1,000
including X, C, U Each Occurrence $ 1,000
l. ,j 0 NO Produr\.S,'Cornpleted Operations Fire Damage $ 50
0 NO Contracti~..j i i~ iJility (Anyone fire)
0 NO Sudden an,1 /~cidental Pollution Liability Medical Expense $ 5
0 NO Occurrence Furm (Anyone person)
0 NO Personal Injury
,,' 0 NO "In Rem" Endorsement
0 NO Cross Liability
0 NO Watercraft exclusion has been modified by the
vessels endorsement on scheduled equipment
CERTIFICATE OF INSURANCE
NO 1002
CERTIFICATE HOLDER
NAMED INSURED
"SAMPLE"
Crowder Gulf Joint Venture
5535 Business Parkway
Theodore, AL 36582-1675
o NO
o NO
o NO
o NO
Do all policies contain a Waiver of Subrogation in favor of Certificate Halder if required by written contract?
Do all policies except the Workers' Compensation name the Certificate Holder as Additional Insured if required by written contracr1
Do policies provide 30 days written notice of cancellation tn Certificate Holder?
Is coverag~ under all imurance carri~d by 'Named Insured Primary Insurance if required by wrinen contract"
I
t:i t:i
L~
i.:iiitjs.1liQ~~~-~-~~
J
CONFIRMATION
OF COVERAGE
TYPE OF INSURANCE
POLICY
NUMBER
POLICY
PERlon
LrMITS OF LIABILITY [N
TIIOVSANDS
(ODD)
AUTOMOBILE LIABILITY
XSAL-07260 1
9/1/05
9/1/08
o NO
o NO
o NO
o NO
o NO
Any Auto
All Owned AUlos
Scheduled Autos
Hired Autos
Non-Owned AUlas
Bodily Injury & Property
Damage Combined
$ 1,000
EXCESS LIABILITY
GXS-041744
9/1/0;5
9/1/06
Each Occurrence
Aggregate
$ 5.000
$ 5,000
Excess Fonn
JOB OR PROJECT DESCRIPTION
Should che insurance herein described be cancelled, assigned Dr changed in such a manner as to affect this certificate, THE GRAY INSURANCE
COMPANY will endeaver to give thirty ( 30 ) days wrinen notice to the certificate holder, but failure to do so shall impose no obligation or liability
upon THE GRAY INSURANCE COMPANY~
TH~4!fQ
3601 N. 1-10 Se ice R ad West, Metairie, LA 70002
DATE; q
l_j
i..j
FORM NO. 135 REV. 1101
CROWDER.GULF
CITY OF AVENTURA, FLORIDA
DISASTER RECOVERY SERVICES
8. PRESENT CLIENTS: Pre-Event Contractual Commitments
l.;
ENTITY CONTRACT DURATION COMMENT
DATE
ALABAMA
Citv of Daphne I 2004 5 years I
City of Atmore 2005 5 years I
FLORIDA
City of Casselberry 2005 3 years Awarded to multiple contractors
Collier County 2005 4 years
Citv of Bellaire Beach 2002 Unlimited
Brevard Countv 1999 5 vea rs Renewable annuallv
Citv of Destin 2001 3 vears Ends 2005
Escambia County 2001 5 years Awarded to mu~ contractors
City of Ff Lauderdale 2001 Renewable annually
Hardee County 2004 3 yea rs
Lee County 2001 5 years
Leon County 2001 5 years
Citv of Panama Citv 2001 5 vears
Oranoe County 2005 3 vea rs
Polk Countv 2005 3 vears Renewable annuallv
Citv of Sanibellsland 2004 3 years
City of Tallahassee 2001 5 years
Volusia County 2001 3 years Renewable annuallv
City of West Palm Beach 2005 3 years
MISSISSIPPI
Citv of Pascaooula I 2002 I 3 yea rs Awarded to multiple contractors
NORTH CAROLINA
Dare County 2003 I 5 yea rs
Edqecombe County 2002 I 5 years Renewable annually
SOUTH CAROLINA
Town of Edisto Beach 2002 5 years Renewable annually
TEXAS
Citv of Houston I 1998 I 5 vea rs I Renewable annuallv
City of Friendswood 2003 5 years I Renewable annuallv
VIRGINIA
Virginia Peninsulas Public 2003 5 years Renewable annually
Service Authority
City of Hampton Can nominate 1-3 Contractor(s)
Citv of Newport News Can nominate 1-3 Contractor(s)
Citv of Poquoson Can nominate 1-3 Contractor(s
Citv of Williamsburq Can nominate 1-3 Contractor s
Essex County Can nominate 1-3 Contractor s
Gloucester Countv Can nominate 1-3 Contractor s
James Citv Countv Can nominate 1-3 Contractor(s)
Kino and Queen Countv Can nominate 1-3 Contractor(s)
Kinq William Countv Can nominate 1-3 Contractor(s)
15
CROWDER-GULF
CITY OF AVENTRUA, FLORIDA
DISASTER RECOVERY SERVICES
Mathews County Can nominate 1-3 Contractor(s)
Middlesex County Can nominate 1-3 Contractorls)
York County Can nominate 1-3 Contractorls)
Southeastern Public 2003 5 years Renewable annually
Service Authoritv
Citvof ChesaDeake Can nominate 1-3 Contractorrs)
City of Franklin Can nominate 1-3 Contractorrs)-
City of Norfolk Can nominate 1-3 Contractorls)
City of Portsmouth Can nominate 1-3 Contractorls)
cilV of Suffolk Can nominate 1-3 Contractorls)
cilV of Virainia Beach Can nominate 1-3 Contractorls)
Isle of Wioht County Can nominate 1-3 Contractorls)
Southamnton County Can nominate 1-3 Contractorls)
Surrv County Can nominate 1-3 Contractorls)
Letters of recommendation to follow.
Due to the diverse geographical locations and Crowder-Gulf's substantial manpower and equipment
resources, we are confident we will be able to honor all of our contractual commitments with dispatch
and efficiency.
Crowder-Gulf will respond with manpower and equipment within 24 hours of receipt of a Notice to
Proceed issued by City of Aventura.
16
ROADWAY MAINTENANCE DIVISION
863-534-7361
863-519~3617 FAX
PHYSICAL ADDRESS:
3000 SHEFFIELD ROAD
WINTER HAVEN, FL 33880
MAILING ADDRESS:
POST OFFICE BOX 9005
BARTOW, FL 33831~9005
August 25, 2005
Mr. Buddy Young
Crowder-Gulf
5535 Business Parkway
Theodore, Alabama 36582
Dear Mr. Young:
I want to take this opportunity to thank you and your company for
assisting Polk County in picking up the debris from the three
hurricanes that passed over Polk County in August and September of
2004
Under your leadership,
answers to our questions
that occurred.
your staff was able to provide prompt
and we were able to resolve any challenges
If a need should arise for your company's services in this county
or from another county in the future, I certainly would recommend
and or call on your company for assistance.
l;
Sincerely,
rr ~QVcM-{
Lance Davis
Director
Roadway Maintenance Division
Polk County Board of County Commissioners
LD/kdm
Date Received:
Date Entered:
PO#:
Job #:
GL:
APproved By:_
Date Paid:
Check #:
q! ?--/O 5
I '
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August 17, 2005
:\lIPI"t l'allll1lh[\
l)i~l,.il:l '7
Re: Letter of I~ecommendation / Crowder-Gulf
To Whom It May Conccrn,
Please consider this a formal letter of recommendation in fa-vor of our debris
contractor, Crowder-Gulf.
As Hurricane l-van approached the Gulf coast, Cl"'owder-Gulfwas staging
equipment llnd manpower in prepa....\tion for immediate response in clearing &
cleaning the streetll of the City IIf Daphne.
The moment we ga"VC the go ahead, and winds had reduced to 35 m.p.h., the crews of
Crowder-Gulf went into full scale operations. In less than 24 hours, all streets in the
City of Dapbne were cleared and passable for resuming traffic flow. When I
awarded Crowdcr-Gulfthc contract o-vcr a year ago, I ad-vised them that I expected
them to respond immediately, respect Our citizens and work with us as a team
during cleanup operatiolls. They came through for us with flying colors ~~
perrormed like true professionals during the entire operation.
l.l
One major factor to consider while selecting a debris contractor is their ability to
call up an almost endless stream of sub-contractors. While reviewing Crowdcr-
Gulf's history of cleanup operations across the world, I looked c:losely at this factor.
They have the crucial abilily to acquire largc forces (If mllnpowcr and equipment,
and the surprise to me was the quality of sub-eontractllrs who work with them.
L_j
PUBLIC WORKS DEPARTMENT
26435 PUBLIC WORKS RD . P,O. BOX 400 . DAPHNE. ALABAMA 36526
TELEPHONE 1~51) 6~' ,3 '8~ . FAX 1251}621,3189
E-MAII.~dflphn~p.....@beflsouth.net
I
Lastly, Crowder-Gulf is widely r~pectcd by the Federal Emergency Management
Agency as a reputable contractor wbo understands the law, and abides by it when it.
comes to debris operations. I strongly recommcnd that you consider awarding your
pre-event debris management contract to Crowder-Gulf, and seeing for yourself
how a quality debris contractor manages his business.
~,/
?-/
/., ~~
On Behalf oethe City of Daphne, I Am Sincerely
--
-,.,- ---~
__------ -.-' ....---7
C ._ ///
~- ----..~
r- ._...._.~"..~._.___...
Kt;"l Eslava, l>irector
Divisions of Public Work.s & Maintenance, City of Daphne
Emergency Management Coordinator
...,..............
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Cit~T CJt VirgiI""lia I3eacl""l
DEPARTMENT OF PUBLIC WOAKS
OPERATIONS MANAGEMENT
DIVISION
1757)563-1470
FAX f7S?) 427-0676
3556 DAM NECK ROAD
VIRGINIA BEACH. VA 23453
May 4, 2()()4
, ,
John Ramsey, Ci,ector
Crowder-Gulf
Disaster Recovery & Debris Management Specialists
RE: Hurricane Isabel Disaster Recovery Efforts
Dear John:
, ,
On September 19,2004, The City of Virginia Beach experienced a category #1 hun'icane.
Hurricane Isabel produced almost 1,000,000 cubic yards of woody debris. The City used local
contractors to assist in opening our roads up to restore traffic and emergency assistance. This
hurricane was twice as severe as Hurricane Bonnie. It was time to call in the "BIG" Contractor's.
The City activated two(2) of it Regional Debris Contracts; one of the contractors was Crowder-
Gulf.
, 1
( i
It was a pleasure working with Crowder-Gulf they were professional, it was very obvious to me,
that Crowder-Gulf had the expertise and knowledge in managing disasters such as HU1Ticane
Isabel. They provide me with constant updates and progress. They were very quick to respond to
various needs and concern our citizens and staff.
Lj
Where I hope the City does not need your fine services again, but if we do, you can rest assure
the City of Virginia Beach call Crowder-Gulf again. Thank you for the great job you perfornled
for the City.
i
u
Sincerelv,
(k~ ,~. ftk.
Daniel S. Kiley d
Inspections Coordinator/Hurricane Project Manager
City of Virginia Beach
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM, City
TO: City Commission
DATE: April 25, 2006
SUBJECT: Resolution Authorizing Execution of the Purchase and Sale
Agreement for a Seven Acre Park Site with Gulfstream Park Racing
Association, Inc.
May 2,2006 City Commission Meeting Agenda Item 5-tI
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
the execution of the Purchase and Sale Agreement with Gulfstream Park Racing
Associates, Inc. for a seven acre park site.
BACKGROUND
This matter involves obtaining seven acres from Gulfstream to be utilized to construct a
multi-use park as contained in the City's CIP.
The City originally entered into a Purchase Agreement for a six acre site with
Gulfstream in December 2003. Due to the Seller not meeting a timetable requirement
that was a prerequisite to the closing, the Agreement was not successfully
implemented. As discussed at recent Workshop Meetings, this real estate transaction
was a complicated one that required numerous meetings and drafts to satisfy all
parties. More importantly, the attached Purchase Agreement is a more favorable one
to the City than the prior one in that the City acquires more land at a lower cost and the
number of residential units to potentially be developed on the adjacent site is
significantly less than the original Agreement. The Agreement also addresses the
important restrictions to access onto N.E. 213th Street from property owned by
Gulfstream.
The Agreement contains the following points:
1. City will purchase six acres for $2,100,000 and Gulfstream will donate one
additional acre to the City.
2. The Seller will provide a Restricted Access Covenant that will restrict access
to N.E. 213th Street as follows:
a. Permanently prohibit access to Gulfstream Park once a temporary
Certificate of Occupancy is issued for any residential building
constructed on the adjacent property in Aventura.
b. Until such time that the access is permanently prohibited, access to
the Gulfstream tract shall be permitted on an interim basis for
weekends and holiday racing events at Gulfstream Park.
c. Access on all other days shall be restricted to construction vehicles for
the renovation and expansion of the racetrack and other non DRI
projects on the Gulfstream Park tract.
d. At no time shall vehicular access for the Hallandale DRI land be
permitted unless authorized by Resolution of the City Commission.
3. As a condition to closing, Gulfstream shall obtain:
a. The necessary conditional use approvals for a residential project that
does not exceed four hundred and eighty (480) dwelling units or
twenty-five (25) stories in height on the adjacent MO zoned property.
b. A Development Agreement granted by the City that retains or vests
their rights to build in the future in accordance with the City's current B-
2 zoning requirement on the Gulfstream property located west of the
MO zoned property and the park site.
In the event the Seller fails to timely submit the application for
conditional use approval in accordance with the timetable in the
Agreement, the closing will still occur but the City purchases the seven
acres for $4,500,000 and seller does not receive any residential
approvals on the adjacent property.
If the City Commission fails to approve the conditional use application,
the Agreement is terminated and the City would need to institute
eminent domain proceedings to obtain the property. It should be
noted that the City is not bound to approve the conditional use
application but only to consider it in accordance with law.
-. -- -~...._-_.--,-_.._----~---
A clause has also been added that in the event the Seller fails to file
the Conditional Use Application and the City closes on the property,
the City may grant the conditional use approval sometime in the future
or after the closing provided a rebate of $2,400,000 is granted to the
City on the original sales price.
4. In accordance with the City's Park Impact Fee Ordinance, Gulfstream will
receive the normal impact fee credit in the amount of $334,760.04 for the
donation of the one additional acre to the City.
5. The Agreement provides that the City may commence construction activities
on the site prior to the closing. In the event the Agreement is terminated, the
Seller will reimburse the City for any expenses associated with site clearing
and filling prior to closing.
6. Seller will reimburse the City for costs associated with relocating the
overhead FPL transmission line that currently interferes with the park site.
7. Both the Seller and the City agree to reasonably cooperate with the other to
minimize disruption to the activities occurring on the other party's lands during
construction activities.
8. The City agrees that the property will be used for park purposes and
accessory use to the park.
9. Closing Timetable
a. The Seller is required to file the application for conditional use ninety (90)
days after the effective date of the Agreement. They may extend it by
thirty (30) days provided they provide proof when additional time is
necessary. Within fifteen (15) business days after the City Commission
approves the Conditional Use Application (if so approved), the Seller shall
provide the City with notice of objection to any conditions placed on the
application approval by the City Commission (if any). If the conditions are
not satisfied before the closing date, the Seller may terminate the
Agreement. Assuming that no outstanding issues exist the closing would
occur within thirty (30) days after the approval.
b.
If the Seller fails to file the Application for Conditional Use, the closing
would occur approximately one hundred and fifty (150) days after the
effective date of this Agreement.
A sketch of the seven acre site is attached hereto as well as the proposed Waterways
Park plan.
As indicated above, this transaction was a very complicated one. I wish to point out the
cooperative nature of Gulfstream and its team throughout the negotiation process. I
also would like to recognize David Wolpin, Lillian Arango De La Hoz, John Shubin and
Amy Huber for their invaluable assistance in the preparation of this document.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
eeo 1484-06
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, APPROVING
PURCHASE AND SALE AGREEMENT BETWEEN
GULFSTREAM PARK RACING ASSOCIATION, INC.,
AND THE CITY OF A VENTURA CONCERNING CITY'S
ACQUISITION OF LAND FOR CITY'S WATERWAYS
PARK PROJECT; PROVIDING FOR IMPLEMENTATION;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura, Florida, finds that approval
of the Purchase and Sale Agreement (the "Agreement") between Gulfstream Park Racing
Association, Inc. ("Gulfstream") and the City of Aventura, Florida (the "City"), is in the best
interest of the City.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1.
and adopted.
Recitals Adopted. That the above stated recital is hereby confirmed
Section 2. Aereement Approved. That the Agreement between Gulfstream and
the City, in substantially the form which is attached hereto, is hereby approved, and the City
Manager is hereby authorized to execute the Agreement, on behalf of the City, once approved
as to form and legal sufficiency by the City Attorney.
Section 3. Implementation. That the City Manager is hereby authorized to take
any and all action which is necessary to implement the Agreement and this Resolution.
Section 4. Effective Date. That this Resolution shall become effective immediately
upon adoption hereof.
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
, who
, and
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Vice Mayor Luz Urbaez Weinberg
Mayor Susan Gottlieb
Resolution No. 2006-
Page 2
PASSED AND ADOPTED this 2nd day of May, 2006.
Susan Gottlieb, Mayor
Attest:
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
City Attorney
2
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WATERWAYS PARK EXPANSION
fJJCllAvEN'l1-lOMPSONANOASllOCIATES,I~C
ENGINEERS' Pl..+.NNERS'SIJfl:VEYOOS
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PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT ("Agreement") is made and entered into
as of the _ day of , 2006 between GULF STREAM PARK RACING
ASSOCIATION, INC., a Florida corporation ("Seller"), and the CITY OF AVENTURA, a
Florida municipal corporation ('Purchaser").
RECITALS
1. Seller is the owner of the Property (as herein after defined) located in the City of
Aventura, Miami-Dade County, Florida; and
2. Seller is also the owner of the Adjacent Property (as herein after defined) located
in the City of Aventura, Miami-Dade County, Florida; and
3. Pursuant to Resolution No. 2005-10 enacted by the City Commission on March
10, 2005, the City of Aventur" (the "City") was authorized either to purchase, upon mutually
acceptable terms and conditions negotiated with Seller, or acquire through the exercise of the
City's eminent domain powers for public park purposes, a parcel of vacant land containing
approximately six (6) gross acres; and
4. Seller desires to dedicate and convey to the City for public park purposes an
approximately one (I) gross acre +/- parcel of land concurrently with the closing of said
purchase and sale transaction, all upon the terms and conditions hereinafter set forth; and
5. City agrees to purchase and Seller agrees to sell the remaining six (6) acre parcel
for the price and upon the terms and conditions hereinafter set forth.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises
contained herein and of other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Purchaser and Seller agree as follows:
SECTION 1: DEFINITIONS
For purposes of this Agreement, each of the following terms, when used herein with an
initial capital letter, shall have the following meaning:
1.1 Additional Park Donation Land. The approximately one (I) gross acre +/- parcel
of unimproved land more particularly described in Exhibit "C" attached hereto and made a part
hereoflying adjacent to the Six (6) Acre Park Site to be sold and conveyed to the City.
1.2 Adiacent Property. The real property, consisting ofthe Commercial Property and
the MO District Property, owned by Seller and located adjacent to the Property and more
specifically described on Exhibit "D" attached hereto and made a part hereof
1.3 Business Dav. Monday through Friday excluding bank holidays on which
national banking associations in Miami-Dade County are authorized to be closed.
{M2363 702; 12}
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1.4 Closing. The closing and consummation of the purchase and sale of the Property
as contemplated by this Agreement.
1.5 Closing Date (or Date of Closing). The date upon which Closing occurs.
1.6 Commercial Property. That portion of Seller's Adjacent Property which is zoned
B-2 and is more particularly described on Exhibit "B" attached hereto and made a part hereof.
1.7 Condemnation Proceeding. Any proceeding or threatened proceeding III
condemnation, eminent domain or written request in lieu thereof.
1.8
Purchaser.
Deed. The special warranty deed of conveyance of the Property from Seller to
1.9 Development Agreement. The Development Agreement with respect to the
Commercial Property substantially in the form attached hereto as Exhibit "E", subject to review
and approval pursuant to the Ciry's public hearing process.
1.10 Earnest Monev. The funds to be paid by Purchaser to Escrow Agent pursuant to
Section 3 hereof; plus any interest earned thereon.
1.11 Easement Agreement. An easement agreement substantially in the form attached
hereto as Exhibit "F" pursuant to which Purchaser will grant easements to the Seller for the
following purposes: (a) a twenty foot (20') utility easement along the northern, southern and
western perimeters of the Property for the benefit of the Seller's Adjacent Property; and (b) a 25'
drainage easement on the Property adjacent and parallel to the right of way for 213th Street for
stormwater drainage from the Seller's Adjacent Property through the Property. Purchaser will
provide copies of its park improvement plans and drawings for the Property to Seller for review
and comment prior to filing for permits, and Seller agrees to use commercially reasonable efforts
to minimize the width of the above described easement areas.
1.12 Effective Date. The date when the last one of Seller or Purchaser has signed and
initialed all changes to this Agreement.
1.13 Environmental Report. That certain Phase I Environmental Audit Update
prepared for Purchaser by EAS Engineering, Inc., dated August 10, 2005 which updates a Phase
I and Phase II Site Assessment prepared by EAS Engineering, Inc. on February 24, 2004
previously prepared for Purchaser.
1.14 Environmental ReQuirement. All laws, statutes, ordinances, rules, regulations,
orders, codes, licenses, permits, decrees, judgments, directives or the equivalent of or by any
federal, state or local governmental authority and relating to or addressing the protection of the
environment or human health and relating to the Property.
1.15 Escrow Agent. Weiss Serota Helfman Pastoriza Cole & Boniske, P.A.
1.16 Evidence of Authority. Evidence of authority for the execution and performance
of this Agreement by Seller and Purchaser including, without limitation, (!) as to Seller,
{M2363702;12}
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necessary resolutions, authorizations and consents of Seller and its members including the
production of any Seller organizational documents as may be reasonably required by the Title
Company and (2) as to Purchaser necessary resolutions, authorizations and consents of
Purchaser, the City Commission of the City of A ventura and such other evidence of authority as
Seller may reasonably request.
1.17 Gulfstream Park Tract. The land and improvements lying in Hallandale Beach,
Florida and legally described in Exhibit "G" attached hereto.
1.18 Governmental Authority. Any federal, state, county, municipal or other entity,
authority, commission, board, bureau, court, agency or any instrumentality of any of them.
1.19 Hallandale Beach DR! Land. The real property and improvements (excluding,
but adjacent to, the Gulfstream Park Tract) now or hereafter located on the real property owned
by Seller and lying in Hallandale Beach, Florida and legally described in Exhibit "P" attached
hereto.
1.20 Hazardous Substances. Any material or substance that, whether by its nature or
use, is now or hereafter defined as hazardous waste, hazardous substance, pollutant or
contaminant under any Environmental Requirement, or which is toxic, explosive, corrosive,
flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous and which is
regulated under any Environmental Requirement, or which is or contains asbestos, PCB's,
petroleum, gasoline, diesel fuel or another petroleum hydrocarbon product.
1.21 Improvements. All structures, fixtures, including, without limitation, all utility
systems and drainage facilities, if any, and any other improvements and facilities located on the
Property. The Improvements specifically include any existing underground improvements such
as storm water management, irrigation, and water and sanitary sewer systems and related
appurtenances. The parties acknowledge the Property is vacant and there may not be any
Improvements.
1.22 Intangible Property. All intangible property owned by Seller and used solely in
connection with or solely relating to the ownership, use, development, operation, management,
occupancy or maintenance of the Property including, but not limited to, the Permits and all
public and private contract rights and development or usage rights of Seller with respect to the
Property..
1.23 Legal Requirement. All laws, statutes, codes, acts, ordinances, orders, judgments,
decrees, injunctions, rules, regulations, permits, licenses, authorizations, directions and
requirements of all Governmental Authorities and quasi-governmental authorities, officials,
agencies, and officers, ordinary or extraordinary, which now are applicable to the Property or the
Adjacent Property or any use, operation or condition thereof.
1.24 MO District Property. That portion of Seller's Adjacent Property which is zoned
MO and is more particularly described on Exhibit "H" attached hereto and made a part hereof
{M2363702;12}
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1.25 Overhead FPL Transmission Line Easement. The existing easement in favor of
Florida Power and Light Company located on the Property, along the north side ofN. E. 213'"
Street, as more particularly shown on the Survey of the Property.
1.26 Owner's Title Policv. An Owner's marketability policy oftitle insurance issued
by the Title Company, at Purchaser's expense, on the most current AL T A Form for the Property,
subject only to the Permitted Exceptions, and containing such additional endorsements permitted
under Florida title insurance regulations as requested by Purchaser.
1.27 Permits. All consents, notices of completion, environmental and utility permits
and approvals authorizations, variances, waivers, licenses, permits, certificates and approvals
from any Governmental Authority or quasi-governmental authority issued or granted with
respect to the Property now or prior to Closing.
1.28 Permitted Exceptions. Those matters identified or referred to in Section 5.3 and
such other title exceptions as may hereafter be approved in writing by Purchaser (or deemed to
have been approved by PurChaslOlJ subject to and in accordance with the terms and provisions of
Section 5 herein.
1.29 Person. Any individual, sole proprietorship, partnership, limited liability
partnership, joint venture, trust, unincorporated organization, association, corporation, limited
liability company, institution, entity, party or government (whether national, federal, state,
county, city, municipal or otherwise, including, without limitation, any instrumentality, division,
agency, body or department thereof).
1.30 Prooertv. The approximately seven (7) gross acres of real property more
particularly described on Exhibit "A" attached hereto and incorporated herein by reference
(comprising both the Six (6) Acre Park Site and the Additional Park Donation Land) and
appurtenant easements thereto, together with all of Seller's right, title and interest in and to all
easements, rights of way, strips and gores ofland, tenements, hereditaments and appurtenances,
reversions, remainders, privileges, licenses and other rights and benefits belonging solely to,
running solely with or in any way relating solely thereto; together with all right, title and interest
of Seller (if any) in and to any land lying in the bed of any street, road or highway, open or
proposed, in front of, abutting or adjoining the real property.
1.31 Purchaser's Attornev. Weiss Serota Helfman Pastoriza Cole & Boniske, PA.,
Attention: David M. Wolpin, Esq. Purchaser's Attorney's mailing address is 2665 South
Bayshore Drive, Suite 420, Miami, Florida 33133, Telephone: (305) 854-0800; Telecopier: (305)
854-2323.
1.32 Restricted Access Covenant. The Declaration to be executed by Seller and filed
in the public records on the Closing Date by Seller in the form attached hereto as Exhibit "1" and
made a part hereto for the purpose of permanently prohibiting vehicular access (other than as
may be required by government for emergency vehicles) to and from Seller's Hallandale Beach
DRI Lands and the Gulfstream Park Tract to N.E. 213'" Street on and after the date the first
temporary certificate of occupancy is issued for a residential building constructed on the
Adjacent Property, provided, however. that until such access is permanently prohibited as set
{M2363702;J2}
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forth above, vehicular access to the Gulfstream Park Tract from N.E. 213th Street shall be
permitted on an interim basis subject to the following restrictions: (i) access by the public shall
be restricted to weekends and holidays on which horse racing events are scheduled at Gulfstream
Park, (ii) after the execution of a mutually acceptable construction phasing plan, access on all
other days shall be restricted to construction vehicles, provided that such access shall be
permitted only until such time as construction of the renovation and expansion of the
improvements to the Clubhouse and the Slot Facility Building now or hereafter located on the
Gulfstream Park Tract is completed, and (iii) at no time shall vehicular access from N.E. 213th
Street to Seller's Hallandale Beach DRI Land be permitted for any purpose (other than as may be
required by the government for emergency access).
1.33 Seller's Attornev. Akerman Senterfitt, Attention: Janice Russell, Esq. Seller's
Attorney's mailing address is One SE Third Avenue, 28th floor, Miami, Florida 33131,
Telephone: (305) 982-5611, Telecopier: (305) 374-5095.
1.34 Seller Caused Monetarv Lien. Any materialman's or mechanic's lien, mortgage or
other document recorded in the public records against the Property evidencing a monetary
obligation created by or through Seller.
1.35 Seller's Records. All books, records and documents maintained by Seller or
compiled by or at the request of Seller and in the possession or control of Seller specifically
relating to the ownership, use, development, operation, management, occupancy or maintenance
of the Property.
1.36 Six (6) Acre Park Site. The approximately six (6) gross acre +/- parcel of
unimproved land more particularly described in Exhibit "C" attached hereto and made a part
hereof to be sold and conveyed to the Purchaser pursuant to this Agreement.
1.37 Submission Documents. The diligence items related to the Property previously
delivered to Purchaser pursuant to Section 9 hereof, which include Seller's Records and the
Permits.
1.38 Survev. The survey of the Property to be delivered by Seller in accordance with
Section 5.2 below and any update to such survey (or new survey) which Purchaser may elect to
obtain, at Purchaser's expense, prepared by a licensed surveyor in the State of Florida, certified
as meeting the minimum standards for survey in the State of Florida. The Survey shall (i) show
the square footage and acreage of the Property, (ii) show the location of any Improvements,
utility and other lines and easements, either visible or recorded, and the recording references of
all the recorded easements shown on the Title Commitment, (iii) show the elevation and flood
zone information, and (iv) contain such other items as may be reasonably required by Purchaser.
1.39 Title Commitment. The commitment for title insurance to be obtained by
Purchaser, at Purchaser's expense, pursuant to Section 5 below.
1.40 Title Companv. First American Title Insurance Company.
{M2363702:12} 5
SECTION 2: PURCHASE AND SALE AND DEDICATION
2.1 Purchase and Sale. Purchaser shall purchase the Six (6) Acre Park Site from
Seller, and Seller shall sell, convey, transfer and assign the Six (6) Acre Park Site to Purchaser,
subject to and in accordance with the terms and conditions of this Agreement.
2.2 Dedication. Seller shall dedicate and convey to Purchaser for public park
purposes, and Purchaser agrees to accept, the Additional Park Donation Land, subject to and in
accordance with the terms and conditions of this Agreement.
2.3 As-Is. Except as otherwise expressly set forth in this Agreement, the Property is
being conveyed to Purchaser "as-is" and "where-is" without any representations or warranties of
any kind whatsoever including, without limitation, the environmental status and condition of the
Property. Purchaser has and will rely solely on Purchaser's own independent investigations and
inspections, and Purchaser has not relied and will not rely on any representation of Seller other
than as expre~sly set forth in this Agreement. Purchaser further acknowledges and agrees that,
except for the specific represent",;ens made by Seller in this Agreement, Seller has made no
representations, is not willing to make any representations, nor held out any inducements to
Purchaser other than those (if any) exclusively set forth in this Agreement; and Seller is not and
shall not be liable or bound in any manner by any express or implied warranties, guaranties,
statements, representations or information pertaining to the Property, except as may be
specifically set forth in this Agreement or in any document delivered by Seller to Purchaser or
the Title Company at Closing pursuant to Section 13 hereof. Purchaser further agrees to accept
the Property with any and all existing adverse environmental conditions, including, without
limitation, the existing adverse environmental conditions and Hazardous Substances present on
the Property as disclosed in the Environmental Report. The provisions of this Section 2.3 shall
expressly survive the Closing and the delivery of the deed or deeds of conveyance.
SECTION 3: EARNEST MONEY
Within three Business Days after the Effective Date, Purchaser shall deposit in escrow
with the Escrow Agent Two Hundred Ten Thousand and No/100 Dollars ($210,000.00) as
Earnest Money, to be delivered to Seller at Closing and applied as a credit against the Purchase
Price (as defined below) at Closing. Escrow Agent shall hold and disburse the Earnest Money in
accordance with the terms of this Agreement. Escrow Agent shall invest the Earnest Money in a
United States federal government insured interest-bearing account of a financial institution
located in Miami-Dade, Broward or Palm Beach County, Florida. Purchaser and Seller agree to
sign all forms and reports reasonably required in connection with the holding and investing by
Escrow Agent of the Earnest Money. For purposes of reporting earned interest with respect to
the Earnest Money, such interest shall accrue for the benefit of Purchaser and shall be reported
to the Internal Revenue Service using Purchaser's Federal tax identification number which is 65-
0662615.
SECTION 4: PURCHASE PRICE; PARK IMPACT FEE CREDITS
4.1 Purchase Price. Unless the condition precedent in Section 11.4.3 is deemed
waived by Seller due to Seller's failure to timely file an application for its CUA prior to the
{M2363702;12)
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Required Applications Filing Date, the purchase price for the Six (6) Acre Park Site shall be Two
Million One Hundred Thousand and No/lOO Dollars ($2,100,000.00) (herein referred to as the
"Original Purchase Price"). If the Seller fails to file an application for its CUA on or prior to the
Required Application Filing Date such that the condition precedent in Section 11.4.3 is deemed
waived by Seller, then the purchase price for the Six (6) Acre Park Site shall be Four Million
Five Hundred Thousand and No/IOO's Dollars ($4,500,000.00) (the "Adjusted Purchase Price")
Following the Required Applications Filing Date, the Original Purchase Price or the Adjusted
Purchase Price, as applicable, shall be referred to herein as the "Purchase "Price". The entire
Purchase Price, less the amount of the Earnest Money and subject to adjustments and prorations
as herein provided, shall be due and payable to the Seller by cashier's check or in immediately
available funds, by wire transfer, at Closing. Seller and Purchaser acknowledge and agree that
the Original Purchase Price or the Adjusted Purchase Price mayor may not reflect the current
fair market value of the Property and neither shall be admissible as evidence of value or for any
other purpose which may prejudice either party in the event of any future condemnation or other
adversarial proceeding relating to the Property.
. 4.2 Park Site/Impact Fees. As consideration for the dedication and conveyance by
Seller to the City of the Additional Park Donation Land at the Closing, the City confirms and
agrees as follows:
4.2.1 The City impact fees imposed pursuant to Section 8.04 of the City's
Charter are the sole and exclusive Park and Recreation impact fees due for the development of
the MO District Property in accordance with the CUA (as defined in Section 11.4.3), and the
estimated Parks and Recreation impact fee for the MO District Property, assuming full buildout
of the proposed residential development program of 480 dwelling units is estimated to be Three
Hundred Thirty Four Thousand Seven Hundred Sixty and 04/100 ($334,760.04) Dollars.
Following the Closing and the dedication and conveyance of the Additional Park Donation Land,
the issuance of building permits will be in conformity with its Park and Recreation impact fee,
based on credits granted for the Additional Park Donation Land dedication and no further
payment shall be required to address Park and Recreation impact fee obligations for the issuance
of a building permit within the MO District Property.
4.2.2 Following the Closing, the City shall not seek to impose or collect any
other such Park and Recreation impact fees resulting from any development within the MO
District Property or any other similar park-related fee imposed by the City seeking to pass on to
the Seller a proportionate share of impact of the residential development contemplated in the
CUA on the City's parks.
SECTION 5: TITLE/SURVEY
Title to the Property shall be good and lIlarketable and insurable fee simple title subject to
the Permitted Exceptions at no more than the Title Company's ordinary or promulgated rates for
the Owner's Title Policy.
5.1 Examination of Title. Prior to the Effective Date, Seller has delivered to
Purchaser's attorney a copy of Seller's existing title insurance policy covering the Property (First
American Title Insurance Company Policy No. FA-35-272947, issued October 26,1999 at 8:00
{M2363702;12)
7
a.m., effective September 1,1999 at 3:00 p.m.) and copies of the exceptions with respect to the
Property as referenced therein. Purchaser may obtain, at Purchaser's expense, an AL T A
marketability title insurance commitment (the "Title Commitment") issued by the Title Company
covering the Property pursuant to which the Title Company agrees to issue the Owner's Title
Policy to Purchaser. The cost of the Title Commitment and the Owner's Title Policy shall be
paid by Purchaser.
5.2 Survev. The Seller shall deliver the Survey to Purchaser within thirty (30) days
from the Effective Date. At Purchaser's option, Purchaser may obtain, at its expense, an update
of the Surveyor a new survey of the Property.
5.3 Permitted Exceptions. The sale of the Property shall be subject to the following:
5.3.1 The lien of all ad valorem real estate taxes and assessments for the tax
year in which Closing occurs, subject to proration as herein provided, and subsequent years;
5.3.2 Any itemc 3hown on the Title Commitment and approved or deemed
approved by Purchaser in accordance with Section 5.4 below;
5.3.3 All laws, ordinances, and governmental regulations, including, but not
limited to, all applicable building, zoning, land use and environmental ordinances and
regulations;
5.3.4 All restnctlOns, reservations, easements, covenants, agreements,
limitations and other matters appearing of record (provided that the foregoing exception shall not
be deemed to limit the rights and obligations ofthe Purchaser and Seller set forth in Sections 5.4
through 5.7, inclusive, below.
5.3.5 All matters which would be disclosed by an accurate survey of the
Property provided that the foregoing exception shall not be deemed to limit the rights and
obligations of the Purchaser and Seller set forth in Sections 5.4 and 5.7 below;
5.3.6 All matters deemed hereunder to be Permitted Exceptions; and
5.3.7 All matters created by, through or under Purchaser.
The above items described in this Section 5.3 are herein collectively referred to as the
"Permitted Exceptions."
5.4 Obiections to Title/Survey. Purchaser shall be entitled to object, in its reasonable
discretion, to any exceptions to title disclosed in the Title Commitment and/or matters shown on
the Survey which render title unmarketable by delivering written notice thereof to Seller no later
than the date which is thirty (30) days after the Effective Date, and if Purchaser shall fail to so
timely object, any matters shown on the Survey and/or Title Commitment shall be deemed
approved by Purchaser and considered Permitted Exceptions. In the event that Purchaser shall so
object to the Title Commitment and/or the Survey, Seller shall have the right (in Seller's sole
discretion) within fifteen (IS) days after receipt of such notice to cure Purchaser's objections to
Purchaser's reasonable satisfaction, it being understood that Seller shall be under no obligation to
{M2363702;12)
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cure Purchaser's objections. In the event Seller is unwilling or unable to so cure such objections
within such fifteen (15) day period, Purchaser may (i) waive such objections or (ii) terminate this
Agreement by written notice to Seller given no later than the last day of such fifteen (15) day
period, in which event the Earnest Money shall be immediately returned to Purchaser and neither
Purchaser nor Seller shall have any further obligations hereunder, except obligations that
expressly survive the termination of this Agreement. If the Purchaser does not timely provide
such notice of cancellation, Purchaser shall be deemed to have waived such objections (and to
have approved and accepted sarne) and such objections shall be deemed Permitted Exceptions.
5.5 Cure of Seller Caused Monetary Liens. Notwithstanding Section 5.4 above, if the
Title Commitment reveals the existence of a Seller Caused Monetary Lien, then Seller shall pay
any amount due in satisfaction of each such Seller Caused Monetary Lien as to the Property only
(or otherwise cause the same to be removed as an exception in the Title Commitment) which
amount, at the option of Seller, may be paid from the proceeds of the Purchase Price at Closing.
5.6 Non-Seller Caused Monetary Liens. If the Title Commitment reveals the
existence of any non-consensual monetary obligations of Seller such as judgments ("Non-Seller
Caused Monetary Liens"), then, subject to the Cure Limit (as defined herein), Seller shall pay the
amount due in satisfaction of each Non-Seller Caused Monetary Lien as to the Property only (or
otherwise cause the same to be removed as an exception in the Title Commitment) which
amount, at the option of Seller, may be paid from the proceeds of the Purchase Price at Closing.
Notwithstanding the foregoing, if the amount of the Non-Seller Caused Monetary Liens, either
individually or in aggregate, exceeds Twenty-Five Thousand and 00/100 Dollars ($25,000.00)
(the "Cure Limit"), Seller shall have the right (in Seller's sole discretion) within fifteen (15) days
after receipt of Purchaser's title objection notice as set forth in Section 5.4 to advise Purchaser as
to whether it will pay the amount in excess of the Cure Limit necessary to satisf'y the Non-Seller
Caused Monetary Liens. If Seller elects not to pay the amount in excess of the Cure Limit,
Purchaser shall have the options (on the same terms and conditions) as set forth in Section 5.4 (i)
and (ii) above.
5.7 Purchaser's Right to Terminate. If any title matter which renders title
unmarketable other than a matter disclosed in the Title Commitment or the Survey arises or
becomes known to Purchaser subsequent to the date of the Title Commitment (a "New Title
Matter") and such New Title Matter is (a) a Seller Caused Monetary Lien (b) a Non-Seller
Caused Monetary Lien the monetary amount any of which is not (in the aggregate together with
the monetary amount of any other Non-Seller Caused Monetary Liens) in excess of the Cure
Limit or (c) was created or consented to by Seller, then Seller shall cure the New Title Matter, at
Seller's expense, on or before Closing. If the New Title Matter is (x) a Non-Seller Caused
Monetary Lien the monetary amount any of which is (in the aggregate together with the
monetary amount of any other Non-Seller Caused Monetary Liens) in excess of the Cure Limit
or (y) was not created or consented to by Seller, then Seller may (at its sole option, but shall not
be obligated to) cure same until the earlier of (i) five (5) Business Days of Seller's receipt of
written notice thereof or (ii) the Closing Date, and if such New Title Matter is not cured within
such period, then Purchaser may, at its sole option, exercised by written notice to Seller within
five (5) Business Days following the expiration of the five (5) Business Day cure period, either
(i) terminate this Agreement and receive a refund of the Earnest Money or (ii) elect to close and
accept title to the Property subject to such New Title Matters without claim against the Seller
{M2363702;12)
9
therefor and without reduction to the Purchase Price in which case all such New Title Matters
shall be deemed Permitted Exceptions. In the event of termination, neither party hereto shall
have any further rights, obligations or liabilities hereunder except to the extent that any right,
obligation or liability set forth herein expressly survives termination ofthis Agreement.
SECTION 6: SELLER'S REPRESENTATIONS AND WARRANTIES
Seller represents and warrants to Purchaser and covenants and agrees with Purchaser, on
and as of the date hereof, to be certified to Purchaser on or as of the Closing, as follows:
6.1 Title. Seller is the fee simple owner of the Property and Improvements free and
clear of all encumbrances except for any encumbrances disclosed in the Submission Documents
and the Permitted Exceptions (without modification arising with regard to Purchaser's rejection
or disapproval of any ofthe items pursuant to this Agreement).
6.2 Qrganization, Power and Authority. Seller is a corporation duly formed, validly
existing and in good standing und;;r, the laws of the State of Florida. Seller is, to the extent
required by law, duly qualified to do business in the State in which the Property is located and
has all necessary corporate power to execute and deliver this Agreement and perform all its
obligations hereunder. The execution, delivery and performance of this Agreement by Seller (i)
has been duly and validly authorized by all necessary action on the part of Seller, and (ii) does
not conflict with or constitute a breach of, or constitute a default under, any material contract,
agreement or other instrument by which Seller or the Property is bound or to which Seller is a
party.
6.3 No Bankruotcv. Seller is not a party to any voluntary or involuntary proceedings
under any applicable laws relating to the insolvency, bankruptcy, moratorium or other laws
affecting creditors rights to the extent that such laws may be applicable to Seller or the Property.
6.4 No Litigation. To its actual knowledge, Seller is not a party to or affected by any
litigation, administrative action, investigation or other governmental or quasi-governmental
proceeding which would have or could reasonably be expected to have a material adverse effect
upon the Property or upon the ability of Seller to fulfill its obligations under this Agreement. To
Seller's actual knowledge, there are no lawsuits, administrative actions, governmental
investigations or similar proceedings pending or to the Seller's actual knowledge threatened
against or adversely affecting the Property or any portion thereof or any interest therein.
6.5 No Violations. To Seller's actual knowledge, there are no presently outstanding
and uncured notices of any violations of any Legal Requirements or Environmental
Requirements, and to Seller's actual knowledge, no Person capable of issuing such notice of
violation has threatened to issue a notice of violations. Notwithstanding the foregoing or
anything to the contrary contained herein, if a violation of any Environmental Requirements is
threatened or issued after the Effective Date and prior to the Closing which arises out of or is
related to the conditions and other matters disclosed in the Environmental Report, Seller shall not
be deemed in breach of the representations set forth above in this Section 6.5 or elsewhere in this
Agreement nor shall Seller have any obligation under this Agreement to cure or undertake any
remediation or investigation with respect to any such violation.
{M2363702;12}
10
6.6 Assessments. Seller has no actual knowledge and Seller has not received written
notice of any assessments by a public body, whether municipal, county or state imposed,
contemplated or confirmed and ratified against any of the Property for public or private
improvements which are now or hereafter payable.
6.7 No Rights to Purchase. To Seller's actual knowledge, except for this Agreement,
Seller has not entered into any agreement, commitment, option, right of first refusal or any other
agreement, whether oral or written, with respect to the purchase, assignment or transfer of all or
any portion of the Property which is currently in effect.
6.8 Parties in Possession. Other than Seller, there are no parties in possession of any
portion of the Property as lessees, tenants at sufferance or trespassers, to Seller's actual
knowledge.
6.9 Unrecorded Agreements Restricting Use of the ProPerty. To Seller's actual
knowledge, Sell~ has not executed or caused to be executed any document with or for the
benefit of any Govemmental Authu,ity restricting the development, use or occupancy vf tIle
Property that is not recorded in the land records of the county in which the Property is located or
has not been specifically disclosed in writing to Purchaser.
6.10 Actual Knowledge. As used in this Agreement or in any Exhibit attached hereto,
any reference to "actual knowledge" of Seller shall mean the present, actual knowledge of Scott
Savin, President and General Manager of Seller, provided however, that he shall not have done
any investigation with respect to such matters, nor shall he be under any duty of inquiry.
6.11 Effect of Purchaser's Knowledge. Purchaser shall be deemed to have waived in
full any breach of any of Seller's representations and warranties and covenants and agreements of
which Purchaser has actual knowledge at Closing.
6.12 Survival. The foregoing representations, warranties, covenants and agreements of
Seller in this Section 6 shall survive the Closing or termination of this Agreement for a period of
one (1) year thereafter, except for Section 6.1 which shall not survive the Closing.
SECTION 7: PURCHASER'S REPRESENTATIONS AND WARRANTIES
Purchaser represents and warrants to Seller and covenants and agrees with Seller that the
following facts and conditions exist and are true as of the date hereof and shall exist and be true
(and certified as such) as of the date of the Closing.
7.1 Purchaser is a validly formed municipal corporation in good standing organized
and existing under the laws of the State of Florida and has all requisite power and authority to
purchase the Property and to enter into and perform its obligations hereunder. The execution,
delivery and performance of this Agreement by Purchaser (i) has been duly and validly
authorized by all necessary action on the part of Purchaser, (ii) has been approved by the
Purchaser in accordance with the laws of the State of Florida, the Charter of the Purchaser and
the Purchaser's Code of Ordinances, and (iii) does not conflict with or constitute a breach of, or
constitute a default under, any contract, agreement or other instrument by which Purchaser or the
Property is bound or to which Purchaser is a party.
{M2363702;12)
11
7.2 Purchaser presently has and will have at Closing all funds or financing necessary
to pay and deliver to Seller the cash Purchase Price.
SECTION 8: SELLER'S COVENANTS
From and after the date hereof, through and including the Closing Date, Seller agrees as
follows (each of which covenants is a condition to Purchaser's obligations to close under this
Agreement and must be satisfied by Seller or waived by Purchaser in writing prior to Closing):
8.1 Inspection of Property. Subject to Section 9.2, Seller will allow Purchaser and its
agents and contractors to enter upon the Property for any purpose in connection with Purchaser's
proposed purchase, use and operation ofthe Property.
8.2 Management Prior to Closing. Between the date of this Agreement and the
Closing Date, Seller shall maintain the Property in substantially the same physical condition as
on the date of Seller's execution of this Agreement (other than as a result of a force majeure).
8.3 Notices. Seller shall, promptly upon Seller's obtaining actual knowledge thereof,
provide Purchaser with a written notice of any event which has a material adverse effect on the
physical condition of the Property.
8.4 Notices of Violation. Promptly after Seller obtains actual knowledge or upon
receipt of written notice thereof, Seller has provided or shall provide Purchaser with written
notice of any violation of any Legal Requirements or Environmental Requirements affecting the
Property, any service of process relating to the Property or which affects Seller's ability to
perform its obligations under this Agreement or any other correspondence or notice received by
Seller which has or has the potential to have a material adverse effect on the Property. Promptly
after Purchaser obtains actual knowledge or upon receipt of written notice thereof, Purchaser has
provided or shall provide Seller with written notice of any service of process which affects
Purchaser's ability to perform its obligations under this Agreement.
8.5 Notification of Change of Circumstances. Each of Purchaser and Seller shall
provide the other with written notice of any transaction or occurrence prior to Closing which
could make any of the warranties, representations, covenants and agreements of such party under
this Agreement not true with the same force and effect, as if made on or as of the date hereof.
8.6 Seller's Cooperation. If requested by Purchaser, Seller will promptly execute all
petitions, applications, easements, plats, site plans, waivers of plats, and other documents which
Purchaser may reasonably request and otherwise reasonably cooperate with Purchaser in
connection with Purchaser obtaining or granting any permit, plat, waiver of plat, site plan
approval, easement, right-of-way dedication, rezoning, right-of-way deed, variance or other
administrative authorization (each an "Authorization") required for Purchaser's proposed
development of the Property and permitted prior to Closing, provided however, that such
cooperation shall be at no cost (other than internal review costs) or liability to Seller and none of
the foregoing Authorizations shall be effective prior to Closing.
{M2363702;12}
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8.7 Survival. None of the covenants contained in this Section 8 shall survive Closing
and the delivery of the Deed, except that Seller's obligations under Section 8.6 shall survive the
Closing.
SECTION 9: PURCHASER'S DUE DILIGENCE AND INSPECTION OF
PROPERTY
9.1 Documents to be Delivered bv Seller. With the exception of the original Survey,
Seller has previously provided to Purchaser copies of all documents, records, reports, studies,
data and information, if any, relating solely to the Property in Seller's possession, including,
without limitation, any existing tests, surveys, title policies, licenses, pennits, engineering and/or
environmental analyses, soil test borings, Seller's Records, Permits and tax bills, if any, (the
"Submission Documents"). The Seller shall continue up until the Closing to provide any
material Submission Document received by Seller after the Effective Date.
9.2 In~pection of Property. Purchaser or its appointed agents or independent
contractors shall have, at all reasona~l~ timtls prior to the Closing, the privilege of going upon
the Property, at Purchaser's sole cost and expense, to inspect, examine, test, investigate, appraise
and survey the Property, including, without limitation, soils and environmental tests and
inspections; provided, however, in the case of any intrusive inspection or test (e.g., core
sampling), Purchaser must obtain Seller's prior written consent (which consent shall not be
unreasonably withheld, delayed or conditioned) and in the case of any soil borings, Purchaser
agrees to provide for split sampling by its contractors. In exercising the privileges granted
pursuant to this subsection 9.2, Purchaser shall substantially restore the Property to the condition
existing prior to such activities on the Property. In consideration of Purchaser's right to inspect
the Property as described in this subsection 9.2, subject to the provisions and monetary
limitations of Section 768.28, Florida Statutes, Purchaser agrees to indemnify, defend and hold
Seller harmless from any actions, suits, liens, claims, damages, expenses, losses and liability for
damage of any kind arising from or attributable to any acts performed by Purchaser or its
appointed agents or independent contractors in exercising Purchaser's rights under this
subsection 9.2 (including, without limitation, any rights or claims of materialmen or mechanics
to liens on the Property, but excluding any matter to the extent arising out of the negligence or
misconduct of Seller). This agreement to indemnify Seller shall survive the Closing and any
tennination of this Agreement. In conducting any inspections, investigations or tests of the
Property and/or Submission Documents, Purchaser and its agents and representatives shall: (i)
not interfere with the operation and maintenance of the Property; (ii) not damage any part of the
Property or any personal property owned or held by any party; (iii) maintain comprehensive
general liability (occurrence) insurance in an amount of not less than TWO MILLION AND
00/100 DOLLARS ($2,000,000.00) covering any accident arising in connection with the
presence of Purchaser, its agents and representatives on or relating to the Property, and listing
Seller as an additional insured under such policy and shall deliver a certificate of insurance
verifying such coverage to Seller prior to entry upon the Property; (iv) not injure or otherwise
cause bodily harm to Seller, or its respective agents, guests, invitees, contractors and employees
or their guests or invitees; (v) comply with all applicable laws; (vi) promptly pay when due the
costs of all tests, investigations, and examinations done with regard to the Property; (vii) not
pennit any liens to attach to the Property by reason of the exercise of its rights hereunder; (viii)
repair any damage to the Property resulting directly or indirectly from any such inspection or
{M2363702;12}
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tests; and (ix) not reveal or disclose prior to Closing any information obtained concerning the
Property and the Submission Documents except as may be otherwise required by law and as set
forth in Section 10.1 below.
9.3 Intentionallv Omitted.
SECTION 10: ENVIRONMENTAL REMEDIATION
10.1 Purchaser's Remediation Obligation. Following the Closing, Purchaser agrees to
be solely responsible for, and cause to be performed, any environmental clean up and
remediation arising under Environmental Requirements with respect to Hazardous Materials
located in, on, or under the Property. The parties acknowledge that Purchaser has obtained an
Environmental Report assessing the presence of any Hazardous Materials on the Property. Said
Environmental Report has disclosed Hazardous Materials on the Property. Purchaser is hereby
authorized to disclose said information to the applicable Governmental Authorities in order to
evaluate, formulate, and agree upon the necessary environmental clean-up and remediation
obligations associated with such Haza.J0us Materials. Purchaser's disclosure of such informatiolJ
to the applicable Governmental Authorities shall in no way alter, modify, or diminish its right to
terminate this Agreement as set forth in this Agreement. The foregoing obligation does not
include any liability and/or obligations associated with Hazardous Materials that may have
migrated off the Property to adjacent properties. The liability and obligations associated with
such off-site contamination shall be governed by applicable Environmental Requirements.
Purchaser hereby agrees to release Seller from any and all liability relating in any way to the
environmental clean up and remediation of or on or under the Property, arising under
Environmental Requirements with respect to Hazardous Materials located in, on or under the
Property and/or relating to the environmental condition or status of the Property; provided,
however, that Purchaser does not release Seller from any liability relating in any way to any
release, discharge, spill or other event which first occurs after the Closing Date on Seller's
Adjacent Property which causes environmental contamination of or on or under the Property.
10.2 Survival. The provisions of this Section 10 shall expressly survive the Closing
and delivery of the Deed.
SECTION 11: CLOSING
The Closing Date shall occur on the date which is the first to occur of (i) thirty (30) days
following satisfaction of the conditions precedent set forth in Section 11.4.3 below which have
not been deemed waived by Seller as of the Required Applications Filing Date or (ii) one
hundred and eighty (180) days from the Effective Date; provided, however, that the Closing Date
may be extended by either party by delivering written notice thereofto the other at least five (5)
Business Days prior to aforementioned Closing Date if the Seller's conditions precedent set forth
in Section 11.4.3 shall not be satisfied as of the Closing Date so long as Seller timely submitted
the Required Applications (as defined below) as required by Section 11.4.3 and is with
reasonable diligence and in good faith pursuing satisfaction of such conditions precedent. Said
extension shall only be until such time as the conditions precedent are satisfied and in no event
more than thirty (30) days. The Closing shall be held at the offices of Purchaser's Attorney, at a
time mutually acceptable to both parties. If no such selection is timely made, the Closing shall
{M2363702;12)
14
be held at 10:30 a.m. local time on the Closing Date or at such other time or such other place as
may be mutually agreed in writing by the parties hereto.
11.1 Delivery and Possession. At Closing, Seller shall deliver to Purchaser the items
required of Seller under this Agreement, and Purchaser shall deliver to Seller the balance of the
Purchase Price (after crediting the Earnest Money and making other adjustments and prorations
as provided herein) and the other items required of Purchaser under this Agreement. Seller shall
deliver possession of the Properly to Purchaser, subject only to the Permitted Exceptions at the
time of Closing. Risk ofloss shall remain with Seller until Closing.
11.2 Closing Costs.
11.2.1 Seller's Costs. Seller shall pay (i) the fees and expenses of Seller's
attorneys, (ii) the documentary stamps and surtaxes due on the Deed(s), and (iii) the cost of
recording any corrective instruments, if any.
11.2.2 Purchaser's C<;~ts. Purchaser shall pay (i) any costs incurred by
Purchaser in preparing and performing its due diligence investigations, (ii) the cost of the Title
Commitment, (iii) the premium for the Owner's Title Policy, (iv) the cost of recording the Deed,
(v) the cost of the Survey, and (vi) the fees and expenses of Purchaser's attorneys.
11.2.3 Other Costs. Any other costs not specifically provided for in subsection
11.2.1, subsection 11.2.2 or otherwise pursuant to the terms of this Agreement shall be paid by
the party who incurred those costs, or if neither party is charged with incurring any such costs,
then by the party customarily assessed for such costs in the place where the Properly is located.
Any escrow fees, document preparation charges of the Title Company and other escrow related
charges of the Escrow Agent in its capacity as escrow agent only shall be paid by Purchaser.
11.2.4 Survival. The provisions of this subsection 11.2 shall survive the
Closing and the delivery of the Deed for a period of one (I) year thereafter.
11.3 Purchaser's Conditions to Closing. Purchaser's obligation to purchase the
Property is expressly conditioned upon the fulfillment or satisfaction of each of the following
conditions precedent on or before the Closing Date (any of which may be waived only in writing
by Purchaser in its discretion):
11.3.1 Seller shall have fully performed in all material respects each
undertaking and covenant and agreement to be performed by Seller under this Agreement
including, but not limited to, delivery of all items and documents required under Section 13
below;
11.3.2 Each representation and warranty made in this Agreement by Seller
shall be complete, true and accurate in all material respects;
11.3.3 Except as cured by Seller or otherwise approved or waived in writing by
Purchaser, no event shall have occurred which may have a material adverse effect on the
physical condition of the Property.
{M2363702;12}
15
If any of the foregoing conditions are not satisfied at or before the Closing Date, then
Purchaser, as its sole remedy may either (1) terminate this Agreement by written notice to Seller,
in which event the Earnest Money shall be returned to Purchaser and the parties shall be released
from all obligations and liabilities under this Agreement except those that expressly survive
termination of this Agreement or (2) elect to close and accept the Property and title thereto "as
is" without claim against the Seller therefor and without reduction to the Purchase Price. If the
Purchaser does not timely deliver to Seller such notice of termination by the Closing Date, then
Purchaser shall be deemed to have elected to proceed pursuant to subsection (2) of the preceding
sentence. If the failure of any of the foregoing would constitute a default hereunder, Purchaser
shall have the rights and remedies provided in Section 18.
11.4 Seller's Conditions to Closing. Seller's obligation to sell the Property is expressly
conditioned upon the fulfillment or satisfaction of each of the following conditions precedent on
or before the Closing Date (any of which may be waived only in writing by Seller in its
discretion):
11.4.1 Purchaser shail""have fully performed in all material respects each
undertaking and covenant and agreement to be performed by Purchaser under this Agreement;
11.4.2 Each representation and warranty made in this Agreement by Purchaser
shall be complete, true and accurate in all material respects;
11.4.3 Seller shall have obtained from Purchaser "Final Approval" (which for
purposes of this Agreement shall mean that all appeal periods have expired without the filing of
an objection, or if an objection is filed within the appeal period, such objection is resolved in
Seller's favor) of (i) a conditional use application (the "CUA") for that portion of the Adjacent
Property in the MO (Medical Office) zoning district for a residential project which does not
exceed twenty five (25) stories in height nor contain more than 480 dwelling units in the
aggregate nor be valid for less than five (5) years and with only such conditions that are
acceptable to Seller (in its sole discretion) and (ii) a development agreement for the Commercial
Property substantially in the form of the Development Agreement attached hereto as Exhibit "E"
(subject to review and approval pursuant to the City's public hearing process) or with only such
modifications thereto as may be acceptable to Seller in its sole discretion (collectively the
"Required Approvals"). Within ninety (90) days after the Effective Date (the "Required
Applications Filing Date"), Seller agrees, at no cost or expense to Purchaser (except its review
costs), to submit to the Purchaser complete applications for the Required Approvals for the
Adjacent Property as set forth above (collectively, the "Required Applications"), and thereafter
diligently, expeditiously, and in good faith prosecute the Required Applications. Seller shall
have the right to elect, by written notice given to Purchaser prior to ninety (90) days after the
Effective Date, to extend the Required Applications Filing Date by an additional thirty (30) days,
provided such notice is accompanied by evidence reasonably demonstrating that Seller has
completed the pre-filing tasks by the dates set forth in the schedule attached hereto as Schedule
11.4.3. Purchaser agrees to process the Required Applications in accordance with applicable
laws as set forth in its Code. Seller and Purchaser acknowledge and agree that (except in the
event of Seller's failure to timely file the Required Application for its CUA as set forth in
subsection 11.4.3.(c) below), the Required Approvals are conditions precedent to the Closing of
the sale and purchase of the Property. Seller and Purchaser further agrees as follows:
{M2363702;J2}
16
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(a) Seller Timelv Files the ReQuired Applications; ReQuired
Aoorovals Obtained. In the event that the Seller timely files the Required Applications
within the Required Applications Filing Date (including filing within the extension of the
Required Applications Filing Date permitted under this Section), and the Seller obtains
the Required Approvals from the City, then the parties shall proceed to Closing of the
Property in accordance with the Closing Date set forth in Section 11 of this Agreement,
and the Purchase Price to be paid by Purchaser pursuant to this Agreement shall be the
Original Purchase Price.
(b) Seller Timelv Files the Required Applications; Required
Approvals Denied. In the event that the Seller timely files the Required Applications
within the Required Applications Filing Date (including within the extension of the
Required Applications Filing Date permitted under this Section), and the City denies or
fails to issue the Required Approvals, the Seller shall have the right to terminate this
Agreement and not proceed to Closing by providing written notice to Purchaser within
ten (10) daY5 of the dei1ial, wherein the Agreement shall be deemed null and void and the
parties shall be released and discfiarged from all obligations and liabilities pursuant to
this Agreement.
(c) Seller Fails to Timelv File the Required Applications: Seller
Waives Condition Precedent. In the event that Seller fails to timely file the Required
Application for its CUA on or before the Required Applications Filing Date (including
within the extension of the Required Applications Filing Date permitted under this
Section), then, notwithstanding anything to the contrary contained herein, the condition
precedent set forth in this Section 1 L4.3(i) above for Final Approval of Seller's CUA
shall be deemed waived by Seller. In this event, Seller shall have no right to terminate
this Agreement for failure to obtain Final Approval of its CUA in accordance with this
Section 11.4.3, the parties shall proceed to Closing of the Property in accordance with the
Closing Date set forth in Section II of this Agreement, and the Purchase Price to be paid
by Purchaser pursuant to this Agreement shall be the Adjusted Purchase Price. Nothing
herein shall preclude or restrict the Seller from filing the Required Application for its
CUA after the required filing date or Closing. If such CUA application is filed by the
Seller and approved by the City Commission after Closing, the Purchaser shall receive a
refund or rebate from the Adjusted Purchase Price in the amount of $2,400,000.00 from
Seller, within 30 days of the CUA approval. This provision shall expressly survive the
Closing or termination of this Agreement.
(d) Construction License Agreement Prior to Closing. Purchaser
shall have the right to commence construction activities and improvements upon the
Property, in the nature of permitting, clearing, filling and demucking of the Property (the
"Pre-Closing Improvements"), prior to the Closing, and commencing upon the Effective
Date of this Agreement, pursuant to the Construction License Agreement substantially in
the form attached hereto as Exhibit "0." Seller and Purchaser agree to enter into the
Construction License Agreement within five (5) business days after written notice is
given by Purchaser to Seller of its election to commence the Pre-Closing Improvements
upon the Property prior to the Closing. Seller shall cooperate with Purchaser in the
attainment of all required permits and approvals for the Pre-Closing Improvements,
{M2363702;12)
17
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including the execution or joinder in any permit applications or instruments. In the event
that Seller timely files the Required Applications and the City denies or fails to issue the
Required Approvals as set forth in subsection 11.4.3.(b) above, and Seller elects to
terminate this Agreement and not proceed to Closing, Seller shall reimburse Purchaser
for the cost of the Pre-Closing Improvements (excluding park design fees) within thirty
(30) days of Purchaser's written request and proof of costs incurred.
(e) Within fifteen (15) Business Days following the approval by the
City Commission of Aventura, not Final Approval, of the Required Applications and
adoption of a Resolution consistent therewith, Seller shall provide Purchaser with written
notice identifying which, if any, of the conditions of the Required Approvals are
unacceptable to Seller ("Seller's Objection Notice"). If Seller fails to provide Seller's
Objection Notice to Purchaser within such fifteen (15) Business Days period, then
Purchaser shall provide notice to Seller of such failure to provide Seller's Objection
Notice ("Purchaser's Reminder Notice). Sellers continued failure to provide Seller's
Objection NCitice to Purchaser within seven (7) Business Days after Seller's receipt of
Purchaser's Reminder Notice shall be deemed Seller's acceptance of all conditions of the
Required Approvals and, upon Final Approval, the condition precedent set forth in this
Section 11.4.3 shall be deemed satisfied. Seller and Purchaser further acknowledge and
agree that (i) this Agreement and Purchaser's obligation to process the Required
Applications in accordance with applicable law are not contract zoning, (ii) Purchaser
makes no representations and/or warranties that the Required Applications will be
approved, and (iii) the terms and conditions of this Agreement shall in no way be deemed
or construed as Purchaser's agreement to support the Required Applications.
(f) Notwithstanding anything in Section 11.4.3 to the contrary, in
any and all events, except for the City's denial or failure to issue the Required Approvals
as set forth in Section 11.4.3 (b) hereinabove, the parties shall be required to Close on the
Property on the Closing Date and consummate this Agreement in accordance with the
remaining provisions hereof. Upon a termination of this Agreement by Seller as set forth
in Section 11.4.3 (b) for the City's denial or failure to issue the Required Approvals, the
Escrow Agent shall promptly refund the Deposit to the Purchaser.
SECTION 12: PRORATIONS AND CREDITS AT CLOSING
All prorations provided to be made "as of the Closing Date" shall each be made as of
II :59 p.m. local time on the date immediately preceding the Closing Date. In each proration set
forth below, the portion thereof allocable to periods beginning with the Closing Date shall be
credited to Purchaser, or charged to Purchaser, as applicable, at Closing or, in the case of
allocations made after Closing, upon receipt of such payments or invoice as of the Closing Date.
Except as may otherwise be specified herein, the following items shall, as applicable, be prorated
between Purchaser and Seller or credited to Purchaser or Seller:
12.1 Property Taxes and Assessments.
12.1.1 Taxes. Seller acknowledges and agrees that the Property is being
purchased by an exempt governmental entity and that the Seller must comply with
{M2363702;12)
18
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Section 196.295, Florida Statutes, regarding real estate taxes. In connection with the foregoing,
prior to Closing, Seller, at Seller's cost and expense, shall cause the Miami-Dade County
Property Appraiser and Tax Collector, as applicable, to identify in writing the amount of prorated
real estate taxes to be paid to the Miami-Dade County Tax Collector in order to comply with
Section] 96.295, F]orida Statutes. If for any reason the foregoing is not accomplished by the
Closing Date, a portion of Seller's proceeds of this transaction as deemed necessary by the Title
Company shal] be placed in escrow pending receipt of such information from the Miami-Dade
County Tax Collector. Upon Closing, Seller hereby authorizes disbursement to the Miami-Dade
County Tax Collector of the amount necessary to comply with Section] 96.295, F]orida Statutes.
Seller shal] remain responsible for, and promptly pay to the Miami-Dade County Tax Collector,
any underpayments. Seller shall retain a1] right, title and interest in any tax refunds for years
prior to the Closing (and Purchaser agrees to promptly pay same to Seller upon receipt thereof).
12.1.2 Special Assessments. Certified, confirmed and ratified special
assessment liens as of Date ofC]osing (and not as of the date of this Agreement), if any, shall be
paid by Seller or Purchaser shall receive a credit therefor. Pending liens as of Date of Closing
shall be assumed by Purchaser; provided, however, that where the improvement for which the
special assessment was levied, had been substantially completed as of the date of this
Agreement, such pending liens shall be considered as certified, confirmed or ratified and Seller
shall, at Closing, be charged an amount equal to the estimated assessment for the improvement.
Notwithstanding the foregoing, to the extent any of the foregoing certified, confirmed or ratified
liens are payable in installments, Purchaser shall take title subject to such lien(s) and shal]
assume the balance of such installment payments. In such event, the installment payments for
the year ofC]osing shall be prorated as of ]2:0] A.M. of the Closing Date. Seller shall retain all
right, title and interest in any refunds for any such special assessments for periods prior to
Closing (and Purchaser agrees to promptly pay same to Seller upon receipt thereof).
] 2.2 Other Matters. Seller and Purchaser shall make such other adjustments and
apportionments as are expressly set forth in this Agreement.
]2.3 Survival. The provisions of this Section ]2 shall survive the Closing and the
delivery of the Deed. In the event final figures have not been reached on any of the adjustments,
prorations or costs which are to be adjusted at or prior to Closing pursuant to this Section] 2, the
parties shall close using adjustments and prorations reasonably estimated by Seller and
Purchaser, subject to later readjustment when such final figures have been obtained. The parties
hereto agree that they shall seek to determine the amounts of all prorations and adjustments
required hereunder on or before the Closing Date, if possible, and to the extent not then
obtainable within one (1) year of Closing.
SECTION 13: CONVEYANCES AND DELIVERIES AT CLOSING
13.] Special Warranty Deed(s). At Closing, Seller shall convey the Property to
Purchaser by a duly executed and recordable special warranty deed(s) in substantially the form
attached hereto as Exhibit "J" (herein referred to as "Deed"), subject only to the Permitted
Exceptions and the restrictions and conditions set forth therein.
{M2363702;12}
]9
13.2 Bill of Sale. At Closing, Seller shall also convey the Improvements to Purchaser
by a duly executed Bill of Sale in substantially the form attached hereto as Exhibit "K".
13.3 Seller's Records. At or simultaneously with the Closing, Seller shall deliver to
Purchaser the originals (or if originals are unavailable, certified copies) of the Seller's Records,
and the Permits related solely to the Property. Seller may keep copies of such materials at
Seller's sole cost and expense.
13.4 Section 1445 Certificate. At Closing, Seller shall execute and deliver to
Purchaser and the Title Company a certificate substantially in the form as Exhibit "L" attached
hereto stating that Seller is not a "foreign person" as defined in Section 1445 of the Internal
Revenue Code and the regulations thereunder.
13.5 Form 1099. At Closing, Seller shall execute and deliver to Purchaser and the
Title Company such federal income tax reports respecting the sale of the Property as required by
the Internal Revenue C::ode and such other information reasonably required by th~ Title Company
to complete IRS Form 1099 with respect LV this hansaction.
13.6 Affidavit of Title. At Closing, Seller shall execute and deliver to Purchaser and to
the Title Company an affidavit in the form attached hereto as Exhibit "M".
13.7 Closing Statement. At Closing, Seller and Purchaser shall execute and deliver a
Closing Statement which shall, among other items, set forth the Purchase Price, all credits
against the Purchase Price, the amounts of all prorations and other adjustments to the Purchase
Price and all disbursements made at Closing on behalf of Purchaser and Seller in accordance
with the terms of this Agreement.
13.8 Evidence of Authoritv. At Closing, each of Purchaser and Seller shall deliver to
the other the Evidence of Authority dated not more that five days before the Closing Date.
13.9 General Assignment. At Closing, Seller will deliver to Purchaser a general
assignment, to the extent assignable, of the Seller's Records, Permits, the Intangible Property and
all other property and rights that relate solely to the Property and are included in the transaction
contemplated by this Agreement, which assignment shall be substantially in the form attached
hereto as Exhibit "E".
13.10 Development Agreement. At Closing, Seller and Purchaser will enter into the
Development Agreement for the Commercial Property as provided in Section 11.4.3 above.
13.11 Transfer Tax Returns. At Closing, Seller will execute and deliver Florida
Department of Revenue Form DR-219.
13.12 Physical Possession. At Closing, Seller shall deliver to Purchaser possession of
the Property.
13.13 Easement Agreement. At Closing, Purchaser shall execute and deliver to Seller
the Easement Agreement.
{M2363 702; 12)
20
13.14 Restricted Access Covenant. At Closing, Seller shall execute and cause to be
recorded in the public records of Miami-Dade County, Florida, the Restricted Access Covenant
in accordance with Section 1.32.
13.15 Park and Recreation Impact Fee Credit Letter. At Closing, Purchaser will execute
and deliver a letter which shall be validly issued and binding upon the City for the benefit of
Seller and its successors in title to the MO District Property, memorializing the terms set forth in
Section 4.2.1 and Section 4.2.2 hereof with respect to the park impact fee credits applicable to
the MO District Property.
SECTION 14: NOTICES
All notices, consent, approvals and other communications which may be or are required
to be given by either Seller or Purchaser under this Agreement shall be properly given only if
made in writing and sent by (a) hand delivery, (b) electronic facsimile or other transfer device
with telephone or otl>er confirmation of receipt, provided that a hard copy of such notice is
mailed by US first class mail, postage p"ol'aid, un or before the llext Business Day following
such telecopy delivery or (c) a nationally recognized overnight delivery service (such as Federal
Express, UPS Next Day Air, Purolator Courier or Airborne Express), with all delivery charges
paid by the sender and addressed to the Purchaser or Seller, as applicable, as follows, or at such
other address as each may request in writing. Such notices shall be deemed received, (1) if
delivered by hand or overnight delivery service on the date of delivery and (2) if sent by
electronic transfer on the date transmission is confirmed by telephone or return electronic
transfer from the receiving party, provided that a hard copy of such notice is mailed by US first
class mail, postage prepaid, on or before the next Business Day following such telecopy delivery.
The refusal to accept delivery shall constitute acceptance and, in such event, the date of delivery
shall be the date on which delivery was refused. Said addresses for notices are to be as follows:
IF TO SELLER:
Gulfstream Park Racing Association, Inc.
901 South Federal Highway
Hallandale, Florida 33009
Attention: Scott Savin, President
Telephone No.: (954) 457-6204
Telecopy No.: (954) 457-7827
with copies to:
Akerman Senterfitt
28th floor
One SE Third Avenue
Miami, Florida 33131
Attention: Janice L. Russell, Esq.
Magna Entertainment Corp.
285 West Huntington Drive
{M2363702;12}
21
Arcadia, California 91007
Attn: Scott Daruty, Esq.
Telephone No: (626) 574-6322
TelecopyNo.: (626) 821-1559
IF TO PURCHASER:
City of Aventura
19200 West Country Club Drive
A ventura, Florida 33180
Attention: Eric M. Soroka, City Manager
Telephone No.: (305) 466-8910
Telecopy No.: (305) 466-8919
with a copy to:
Weiss Serota Helfinar.-Pastoriza Cole & Boniske, P.A.
2665 South Bayshore Drive
Suite 420
Miami, Florida 33133
Attention: Lillian Arango de la Hoz, Esq. & David M. Wolpin, Esq.
Telephone No.: (305) 854-0800
Telecopy No.: (305) 854-2323
SECTION 15: CASUALTY AND CONDEMNATION
15.1 Casualty. The Property shall be conveyed to Purchaser in the same condition as
on the date of this Agreement, ordinary wear and tear excepted, free of all tenancies or
occupancies, other than the Permitted Exceptions.
15.2 Condemnation. At Closing, Seller shall assign to Purchaser all of Seller's right,
title and interest in and to the beds of streets, roads, alleys, avenues and highways abutting the
Property and all of Seller's right, title and interest in and to all awards in condemnation, or
damages or any kind, to which Seller is entitled at the time of Closing, by reason of any exercise
of power of eminent domain with respect thereto or for the taking of the Property or any part
thereof or by reason of any other event affecting the Property which gives rise to a damage claim
against a third Party after the date hereof. Prior to the Closing Date, if all or any portion of the
Property is taken, or if access thereto is reduced or restricted by eminent domain or otherwise (or
if such taking, reduction or restriction is pending, threatened or contemplated) (hereinafter a
"Condemnation Proceeding"), Seller shall immediately notify Purchaser of such fact. In the
event that such notice is related to the taking of all or any material portion of the Property,
Purchaser shall have the option, in its sole and absolute discretion, to terminate this Agreement
upon written notice to Seller given not later than thirty (30) days after receipt of Seller's notice;
whereupon the Earnest Money shall be refunded to Purchaser and thereafter neither Party shall
have any rights, obligations or liabilities hereunder except with respect to those rights,
obligations or liabilities which expressly survive the termination of this Agreement. If Purchaser
does not elect to terminate this Agreement as herein provided, or in the event of a non-material
{M2363702;12)
22
'"T- ---
condemnation, Seller shall pay to Purchaser any award received by Seller prior to Closing and
Purchaser shall have the right to participate with Seller in any Condemnation Proceeding
affecting the Property; provided, that in doing so Purchaser shall cooperate with Seller in good
faith.
SECTION 16: BROKERS
Each party represents to the other that such party has not incurred any obligation to any
broker, finder or real estate agent with respect to the purchase or sale of the Property. Each of
Seller and Purchaser warrants and represents to the other that such party has employed (expressly
or impliedly) no broker, agent or other such Person as to which a commission or other such fee is
or would become due or owing as a result of the purchase and sale contemplated hereby and has
made no agreement (express or implied) to pay any broker's commission or other such fees in
connection with the purchase and sale contemplated by this Agreement. Each of Seller and
Purchaser agrees to indemnifY and defend the other against, and to hold the other harmless of
and from all claims, demands and liabilities (including reasonable attorney's fees and expenses
incurred in defense thereof) for any conutiiS'sron or fees payable to, or claimed by, any broker
agent or other such Person arising out of the employment or engagement of such Person
employed (expressly or impliedly) by Seller of Purchaser, as applicable, or with whom, Seller or
Purchaser, as applicable, has or is claimed to have, made an agreement (express or implied) to
pay a commission or other such fee; provided, however, Purchaser's indemnity obligations
hereunder are subject to the provisions and monetary limitations of Section 768.28, Florida
Statutes. The representation, warranties, undertakings and indemnities of this Section 16 shall
survive the Closing hereunder and any termination of this Agreement for a period of one (I) year
thereafter.
SECTION 17: INTENTIONALLY RESERVED.
SECTION 18: DEFAULT/REMEDIES
18.1 Seller's DefaultlPurchaser's Remedies. If Seller defaults in the observance or
performance of its covenants and obligations hereunder, Purchaser may, at its option, and as its
sole remedy (1) terminate this Agreement and receive a refund of the Earnest Money or (2) seek
specific performance of this Agreement. Purchaser hereby waives, relinquishes and releases any
and all other rights and remedies, including but not limited to: (I) any right to sue Seller for
damages or (2) any other right or remedy which Purchaser may otherwise have against Seller,
either at law, or equity or otherwise.
18.2 Purchaser's Default/Seller's Remedies. If Purchaser defaults in the observance or
performance of its covenants and obligations hereunder, then Seller, as its sole and exclusive
remedy, shall (as an election of remedies) receive the Earnest Money from Escrow Agent as
liquidated damages. Purchaser and Seller acknowledge the difficulty of ascertaining the actual
damages in the event of such default, that it is impossible to more precisely estimate the damages
to be suffered by Seller upon such default, that the retention of the Earnest Money by Seller is
intended not as a penalty but as full liquidated damages and that such amount constitutes a good
faith estimate of the potential damages arising therefrom. Seller's right to so terminate this
Agreement and to receive liquidated damages as aforesaid is Seller's sole and exclusive remedy.
{M2363702;12}
23
Seller hereby waives, relinquishes and releases any and all other rights and remedies, including
but not limited to: (1) any right to sue Purchaser for damages or to prove that Seller's actual
damages exceed the amount which is hereby provided Seller as fully liquidated damages or (2)
any other right or remedy which Seller may otherwise have against Purchaser, either at law, or
equity or otherwise.
SECTION 19: POST CLOSING OBLIGATIONS
19.1 Relocation of Overhead FPL Transmission Line Easement. Purchaser agrees to
furnish Seller with a copy of FPL's cost estimate for relocation of the Overhead FPL
Transmission Line Easement promptly following Purchaser's receipt of same. As such costs are
requistioned by FPL, Seller will pay to Purchaser within thirty (30) days of Purchaser's written
request (accompanied by a copy of the most requisition statement received from FPL) the
amount then due and payable to FPL in accordance with its cost estimate plus any such costs
previously paid to FPL by Purchaser and not reimbursed by Seller. Purchaser agrees that any
refunds or credits given by FPL to the Purchaser for amounts previously paid by Seller at
Purchaser's request for the relocation of the Overhead FPL Transmission Line Easement shall be
reimbursed to Seller directly by Purchaser within thirty (30) days from Purchaser's receipt
thereof. Following the Closing, the Purchaser agrees to use commercially reasonable efforts to
cause the existing overhead power lines on the Property to be relocated by Florida Power &
Light Company ("FPL") to south side ofN.E. 213th Street or other location mutually acceptable
to FPL and the Seller which will not unreasonably interfere with use of the Property as a public
park. If FPL determines that additional right of way is required for such relocation, then
Purchaser shall be responsible for acquiring such additional right of way at its sole expense
through purchase or if necessary, through eminent domain proceedings. Nothing contained above
however shall be construed as obligating the Seller to pay the cost of installing part or all of
FPL's electrical equipment and lines underground. In addition, after Seller has paid the full
amount set forth in FPL's cost estimate, Seller shall have no further liability or responsibility for
the cost of relocating the Overhead FPL Transmission Line Easement, except that Seller agrees
both prior to and after the Closing to cooperate in the execution and delivery of any easements
and related instruments required by FPL in connection with such relocation.
19.2 Default. Notwithstanding anything contained in this Agreement to the contrary,
in the event of a default by Seller or Purchaser under this Section 19 that remains uncured for
thirty (30) days following written notice from the non-defaulting party to the defaulting party,
the non-defaulting party may terminate the provisions of this Section 19 upon written notice to
the defaulting party and, in addition to such right of termination, shall be entitled to all rights and
remedies available to the non-defaulting party at law and in equity.
19.3 Survival. The provisions of this Section 19 shall expressly survive the Closing
and delivery of the Deed and the respective obligations of Seller and Purchaser under this
Section 19 shall constitute covenants running with the land and shall bind and benefit the
successors in title and assigns of Seller and Purchaser with respect to the Adjacent Property (but
not the Commercial Property) and the Property, respectively, until such obligations are satisfied,
extinguished or terminated in accordance herewith; and upon such satisfaction, extinguishment
or termination, the parties agree to execute and record any documents reasonably required to
reflect such satisfaction, extinguishment or termination.
{M2363702;12}
24
SECTION 20: ESCROW AGENT
20.1 Performance of Duties. Escrow Agent undertakes to perform only such duties as
are expressly set forth in this Agreement. Escrow Agent shall not be deemed to have any
implied duties or obligations under or related to this Agreement.
20.2 Reliance. Escrow Agent may (i) act in reliance upon any writing or instrument or
signature which it, in good faith, believes to be genuine; (ii) assume the validity and accuracy of
any statement or assertion contained in such a writing or instrument; and (iii) assume that any
person purporting to give any writing, notice, advice or instructions in connection with the
provisions of this Agreement has been duly authorized to do so. Escrow Agent shall not be
liable in any manner for the sufficiency or corrections as to form, manner of execution, or
validity of any instrument deposited in escrow, nor as to the identity, authority, or right of any
person executing any instrument; Escrow Agent's duties under this Agreement are and shall be
limited to those duties specifically provided in this Agreement.
20.3 Right to Interolead. If th" 'parties (including Escrow Agent) shall be in
disagreement about the interpretation of this Agreement, or about their respective rights and
obligations, or about the propriety of any action contemplated by Escrow Agent, Escrow Agent
may, but shall not be required to, file an action in interpleader to resolve the disagreement; upon
filing such action, Escrow Agent shall be released from all obligations under this Agreement.
20.4 Attorney's Fees and Costs. In any suit between Purchaser and Seller wherein
Escrow Agent is made a party because of acting as Escrow Agent hereunder, or in any suit
wherein Escrow Agent interpleads the subject matter of the Escrow, Escrow Agent shall recover
reasonable attorney's fees and costs incurred with the fees and costs to be paid from and out of
the escrowed funds or equivalent and charged and awarded as court costs in favor of the
prevailing party. The parties hereby agree that Escrow Agent shall not be liable to any party or
person for misdelivery to Purchaser or Seller of items subject to this escrow, unless such
misdelivery is due to willful breach of this Agreement or gross negligence of Escrow Agent.
20.5 Escrow Agent as Counsel for Purchaser. It is acknowledged that Escrow Agent is
counsel for Purchaser. It is agreed that Escrow Agent shall not be disabled or disqualified from
representing Purchaser, its council members, parents, officers, directors or agents in connection
with any dispute or litigation which may arise out of or in connection with this transaction or this
Agreement as a result of Escrow Agent acting as the escrow agent under this Agreement and the
Seller, waives any claim or right to assert a conflict arising out of or in connection with the
foregoing.
SECTION 21: GENERAL PROVISIONS
21.1 Entire Agreement. This Agreement, and all the Exhibits referenced herein and
annexed hereto, contain the final, complete and entire agreement of the parties hereto with
respect to the matters contained herein, and no prior agreement or understanding pertaining to
any of the matters connected with this transaction shall be effective for any purpose. Except as
may be otherwise expressly provided herein, the agreements embodied herein may not be
amended except by an agreement in writing signed by the parties hereto.
{M2363702;12}
25
21.2 Governing Law. This Agreement shall be governed by and construed under the
laws of the State of Florida.
21.3 Further Assurances. Seller and Purchaser each agrees to execute and deliver to
the other such further documents or instruments as may be reasonable and necessary in
furtherance of the performance of the terms, covenants and conditions of this Agreement. This
covenant shall survive the Closing.
21.4 Interoretation. The titles, captions and paragraph headings are inserted for
convenience only and are in no way intended to interpret, define, limit to expand the scope or
content of this Agreement or any provision hereto. If any party to this Agreement is made up of
more than one Person, then all such Persons shall be included jointly and severally, even though
the defined term for such party is used in the singular in this Agreement. This Agreement shall
be construed without regard to any presumption or other rule requiring construction against the
party causing this Agreement to be drafted. If any words or phrases in this Agreement shall have
been stricken out or otherwise eliminated, whether or not any other words of phrases have been
added, this Agreement shall be construed as 1f the words or phrases so stricken out or otherwise
eliminated were never included in this Agreement and no implication or inference shall be drawn
from the fact that said words or phrases were so stricken out or otherwise eliminated.
21.5 Counteroarts. This Agreement may be executed in separate counterparts. It shall
be fully executed when each party whose signature is required has signed at least one counterpart
even though no one counterpart contains the signatures of all of the parties of this Agreement.
Facsimile copies shall be deemed originals.
21.6 Non-waiver. No waiver by Seller or Purchaser of any provision hereof shall be
deemed to have been made unless expressed in writing and signed by such party. No delay or
omission in the exercise of any right or remedy accruing to Seller or Purchaser upon any breach
under this Agreement shall impair such right to remedy or be construed as a waiver of any such
breach theretofore or thereafter occurring. The waiver by Seller or Purchaser of any breach of
any term, covenant or condition herein stated shall not be deemed to be a waiver of any other
breach, or of a subsequent breach of the same or any other term, covenant or condition herein
contained.
21.7 Severability. This Agreement is intended to be performed in accordance with and
only to the extent permitted by applicable law. If any provisions of this Agreement or the
application thereof to any Person or circumstance shall, for any reason and to any extent, be
invalid or unenforceable, but the extent of the invalidity or unenforceability does not destroy the
basis ofthe bargain between the parties as contained herein, the remainder of this Agreement and
the application of such provision to other Persons or circumstances shall not be affected thereby,
but rather shall be enforced to the greatest extent permitted by law.
21.8 Exhibits. The Exhibits referred in and attached to this Agreement are
incorporated herein in full by this reference.
21.9 Attornevs' Fees. In the event of any controversy, claim or dispute between the
parties arising from or relating to this Agreement (including, but not limited to, the enforcement
{M2363702;12)
26
of any indemnity provisions), the prevailing party shall be entitled to recover reasonable costs,
expenses and attorneys' fees including, but not limited to, court costs and other expenses through
all appellate levels.
21.10 Business Davs. If any date provided for in this Agreement shall fall on a day
which is not a Business Day, the date provided for shall be deemed to refer to the next Business
Day.
21.11 Time is of the Essence. Time is of the essence in this Agreement.
21.12 No Personal Liability of Council Members Administrative Officials or
Representatives of Purchaser and Seller. Seller acknowledges that this Agreement is entered into
by a municipal corporation as Purchaser and Seller agrees no individual council member,
administrative official or representative of Purchaser shall have any personal liability under this
Agreement or any document executed in connection with the transactions contemplated by this
Agreement. Purchaser hereby agrees that no shareholder, member, director, officer, f'IIlployee or
agent of Seller shall have any personal liabili.y undei this Agreement or any document executed
in connection with the transactions contemplated by this Agreement.
21.13 Effective Date. For purposes of calculation of all time periods within which
Seller or Purchaser must act or respond as herein described, all phrases such as "the date of this
Agreement", "the date of execution of this Agreement" or any other like phrase referring to the
date of the Agreement, shall mean and refer to the "Effective Date" of this Agreement.
21.14 Radon Disclosure. Radon is a naturally occurring radioactive gas that, when it
has accumulated in a building in sufficient quantities, may present health risks to persons who
are exposed to it over time. Levels of radon that exceed federal and state guidelines have been
found in buildings in Florida. Additional information regarding radon and radon testing may be
obtained from your county public health unit. Pursuant to g404.056(8), Florida Statutes.
21.15 Waiver of Trial bv Jurv. SELLER AND PURCHASER HEREBY
IRREVOCABLY AND UNCONDITIONALL Y WAIVE ANY AND ALL RIGHTS TO TRIAL
BY JURY IN ANY ACTION, SUIT OR COUNTERCLAIM ARISING IN CONNECTION
WITH, OUT OF OR OTHERWISE RELATING TO THIS AGREEMENT AND ANY OTHER
DOCUMENT OR INSTRUMENT NOW OR HEREAFTER EXECUTED AND DELIVERED
IN CONNECTION THEREWITH.
21.16 No Negotiation With Other Persons. Seller agrees not to contract to sell or enter
into negotiations for the sale of the Property to any person or entity other than Purchaser for so
long as this Agreement is in effect.
21.17 Assignment. Purchaser may not assign its rights under this Agreement without
the consent of Seller (in Seller's sole discretion).
21.18 Police/Regulatory Powers. Purchaser cannot, and hereby specifically does not,
waive or relinquish any of its regulatory approval or enforcement rights and obligations as it may
relate to regulations of general applicability which may govern the Property and/or Seller's
Adjacent Property, any improvements thereon, or any operations at the Property and/or Seller's
{M2363702;12}
27
Adjacent Property. Nothing in this Agreement shall be deemed to create an affirmative duty of
Purchaser to abrogate its sovereign right to exercise its police powers and governmental powers
by approving or disapproving or taking any other action in accordance with its zoning and land
use codes, administrative codes, ordinances, rules and regulations, federal laws and regulations,
state laws and regulations, and grant agreements. In addition, nothing herein shall be considered
zoning by contract.
21.19 Negotiated Agreement. The parties have substantially contributed to the drafting
and negotiation of this Agreement and this Agreement shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties than any other. The parties
hereto acknowledge that they have thoroughly read this Agreement, including all exhibits and
attachments hereto, and have sought and received whatever competent advice and counsel was
necessary for them to form a full and complete understanding of all rights and obligations herein.
21.20 No Recordation. Except as expressly provided herein, neither this Agreement nor
any notice or memorandum of this Agreement shall be recorded in any public records.
21.21 Merger. Unless expressly set forth herein, the terms and provisions of this
Agreement shall not survive the closing and such terms and provisions shall be deemed merged
into the Deed and extinguished at Closing.
21.22 Like-Kind Exchange Cooperation. Purchaser acknowledges that this transaction
may he part of a "Like-Kind/1031" exchange for the benefit of Seller, and Purchaser agrees to
reasonably cooperate with Seller so that the requirements of the Internal Revenue Code can be
satisfied with respect to such exchange. However, Seller's ability to arrange for and close on a
1031 exchange is not a condition precedent to Seller's obligation to close under this Agreement.
In connection with such exchange Purchaser agrees, within ten (10) days of receipt of written
request from Seller, to execute such documents as may be required by Seller to effect such
exchange; provided, however, that (i) Purchaser shall not be obligated to execute any documents
which alter or diminish any of Purchaser's rights hereunder, (ii) the exchange shall not delay or
postpone the date of Closing under this Agreement, (iii) Purchaser shall not be responsible for
compliance with or be deemed to have warranted to Seller that any exchange does in fact comply
with Section 1031 of the Internal Revenue Code, and (iv) Purchaser shall not incur any expense
as a result of any such exchange.
21.23 Mutual Cooperation as to Construction Activities. Both Seller and City agree to
reasonably cooperate with the other to minimize disruption to the activities occurring on the
other party's lands during construction on a party's lands. Such cooperation shall include
providing the other party with contact information (including after-hours contact information) for
such party's construction manager prior to the commencement of any construction and providing
advance notice to the other party when the construction schedule may necessitate unusual hours
of operation for concrete pours and similar construction tasks. In addition, during development
of the park improvements, the City agrees not to permit construction involving heavy equipment
to take place during the hours that a live race meet is taking place or while horses are training on
the adjacent track and further agrees to cause its contractors to take reasonable precautions to
avoid sudden or loud noises while horse racing events are taking place on the Gulfstream Park
Tract. In order to assist City in scheduling its heavy construction activities to avoid interference
{M2363702;12)
28
-~_._.-...-
with Seller's use of its adjacent horse track, Seller will provide City in advance with a schedule
of racing events as well as the hours during which horse training activities are scheduled to take
place during fall 2006 and 2007. The obligations of the parties set forth above in this Section
shall survive the Closing and delivery of the deeds of conveyance to the Property.
21.24 Mutual Waiver and Release. In consideration of the execution of this Agreement
and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Purchaser and Seller, each on behalf of itself and its successors and assigns
(each, a "Releasor") hereby waives any and all claims of failure of performance or breach of
contract against the other party and releases and forever discharges and covenants not to sue the
other party and such other party's successors, assigns and affiliates, and their respective officers,
directors, shareholders, partners, members, managers, principals, employees, attorneys, agents
and any persons acting on their behalf (the "Released Parties") from or with respect to any and
all manner of action, causes of action, suits, debts, obligations, sums of money, covenants,
contracts, agreements, promises, damages, costs, expenses, claims and demands whatsoever
(including, without limitation, any attorneys' fees and costs incurred by the Rcleasm), whether
based on a tort, contract, statutory or other theory of recovery and whether tor compensatory,
punitive, statutory or other forms of damage or relief, and whether derivative or direct, legal or
equitable, known or unknown which the Releasor ever had or now has or hereafter can, shall or
may have for, upon or by reason of any matter, cause or thing whatsoever and in all capacities
whatsoever, from the beginning of the world to the Effective Date, against any of the Released
Parties arising out of, related or in any way connected to Resolution No. 2005-10 and any prior
agreements or understandings between the parties relating to the sale and/or dedication and
conveyance of the Property.
[THE REST OF THIS P AGE WAS INTENTIONALLY LEFT BLANK]
{M2363702;12}
29
IN WITNESS WHEREOF, Seller and Purchaser have caused this Agreement to be
executed, as of the day and year first above written.
Witnesses:
SELLER:
GULFSTREAM PARK RACING
ASSOCIATION, INC., a Florida
corporation
By:
Name:
Title:
By:
Name:
Title:
Date: April _, 2006
Attest:
PURCHASER:
CITY OF A VENTURA, a Florida municipal
corporation
By:
Teresa M. Soroka, CMC
City Clerk
Eric M. Soroka
City Manager
Date: April _, 2006
Approved as to legal form and sufficiency:
ESCROW AGENT:
City Attorney
Weiss Serota Helfman Pastoriza Cole &
Boniske, P .A.
By:
By:
Name:
Title:
Date: April , 2006
{M2363702;12}
30
List of Exhibits & Schedules
Exhibit A Legal Description Property (7-acre parcel)
Exhibit B Legal Description of Commercial Property
Exhibit C Legal Description of Additional Park Donation
Land (I-acre parcel)
Exhibit D Legal Description of Adjacent Property (both
the MO District Property & the Commercial
Property)
Exhibit E Form of Development Agreement
Exhibit F Form of Easement Agreement
Exhibit G Legal Description of Gulfstream Park Tract
Exhibit H Legal Description ofMO District Property
Exhibit) Restricted Access Covenant
Exhibit J Form of Special Warranty Deed
Exhibit K Form of Bill ofSa1e
Exhibit L Form of Section 1445 Certificate
Exhibit M Form of Affidavit of Title
Exhibit N Form of General Assignment
Exhibit 0 Form of Construction License Agreement
Exhibit P Legal Description of
Hallandale Beach DR) Land
Schedule 11.4.3 Schedule of Pre-Filing Tasks for Required
Applications
{M2363702;12}
31
APR-28-2006 FRI 01:17 PM
FAX NO.
p, 02
LAND DESCRIPTION
PROPOSED CfTY PARK
GULFSTREAM PARK
CITY OF A VENTURA, MIAMI-DADE COUNTY, FLORIDA
PARCEL'A'~02ACRES
Portions of Tract A and Tract B, DONN ACRES, according to the plat thereof as recorded
in Plat Book 76, Page 30 of the Public Records of Miami-Dade County, Florida, being
more particularly described as follows:
COMMENCE at the Northeast comer of said Tract B and the Northeast comer of Section
34, Township 51 South, Range 42 East;
THENCE South 02"21 '14" East on said East line of Tract B and the East line of said
Section 34, a distance of 541.55 feet to the Northeast corner of a parcel of land conveyed
to the City of Aventura for highway purposes by Right-of-Way Deed recorded in Official
Records Book 17973, Page 3869 oftlle Public Records of Miami-Dade County, Florida;
THENCE on the North line of said Parcel conveyed to the City of Aventura the following
three (3) courses and distances;
1. South 50"29'14" West, a distance of 32.10 feet (31.83 feet by deed) to the
beginning of a tangent curve concave to the Northwest;
2. Southwesterly on the arc of said curve having a radius of 330.00 feet, through a
central angle of 37032'07" (37"34'38" by deed), an arc distance of 216.19 feet
(216.43 feet by deed) to a point of tangency;
3. South 88"01'22" West, a distance of128.17 feet to the POINT OF BEGINNING;
THENCE continue South 88"01 '22" West on said North line, a distance of 561.58 feet;
THENCE North 01052'05" West, a distance of 507.39 feet;
THENCE North 88"09'53" East, a distance of382.40 feet;
THENCE South 37"41'02" East, a distance of306.19 feet;
THENCE South 01052'05" East, a distance of257.81 feet to tbe POINT OF BEGINNING;
Prepared By:
CALVIN. GIORDANO AND ASSOCiA'fES, INC.
1800 Eller Drive, Suite 600
Fon Loodord.ie, Florid. 33316
December 9. 2003
Revi,ed Apri12B, 2006
r:\projects\2001\012193 G1JJrslTl:um IJurk 80unuury Survey of Miami Dade Partion'lSURVliY\Lc,ga1 Dcscriptions\PropOficd Park
A.rea._P~rccll&2_042706,doe
Sheet 1 of3 Sheets
APR-28-2006 FRI 01:17 PM
FAX NO,
p, 03
TOGHETER WITH
PARCEL 'B' 0.98 ACRES
Portions of Tract A and Tract B, DONN ACRES, according to the plat thereof as recorded
in Plat Book 76, Page 30 of the Public Records of Miami-Dade County, Florida, being
more particularly described as follows:
COMMENCE at the Northeast comer of said Tract B and the Northeast comer of Section
34, Township 51 South, Range 42 East;
THENCE South 02021' 14" East on said East line of Tract B and the East line of said
Section 34, a distance of 541.55 feet to the Northeast corner of a parcel of land conveyed
to the City of Aventura for highway purposes by Right-of-Way Deed recorded in Official
Records Book 17973, Page 3869 ofthe Public Records of Miami-Dade County, Florida;
THENCE on the North line of said Parcel conveyed to the City of Aventura the following
three (3) courses and distances;
1. South 50029'14" West, a distance of 32.10 feet (31.83 feet by deed) to the
beghming of a tangent curve concave to the Northwest;
2. Southwesterly on the arc of said curve having a radius of 330.00 feet, through a
central angle of 37"32'07" (37034'38" by deed), an arc distance of 216.19 feet
(216.43 feet by deed) to a point of tangency;
3. South 88001'22" West, a distance of 107.88 feet to the POINT OF BEGlNNlNG;
THENCE continue South 8800 I '22" West, a distance of 20.29 feet;
THENCE North 01052'05" West, a distance of257.81 feet;
TI-IENCE North 37041'02" West, a distance of306.19 feet;
THENCE South 88009'53" West, a distance of382.40 feet;
THENCE North 01052'05" West, a distance of 17.63 feet;
THENCE North 88009'53" East, a distance of 581.87 feet;
THENCE South 01052'05" East, a distance of 523.58 feet to the POINT OF BEGINNING;
Prepared By:
CALVIN, GIORDANO AND ASSOCIATES, INC.
1800 Eller Drive, Sujb:~ 600
Fort ....u"'fdale. Flortda 33316
Pooembcr 9, 2003
Revised April 28. 2006
P:\Projecbi\20Dl\012193 GlJlf.'ltrcAm P.uk BoundAry Survey ofMiurni Dude: Portion\SURVEY\LcSll.l OCScrlptlOlls\Proposod POlrk
Arcu_Pnrcell&.2_042706,c\oc
Sheet 2 of3 Sheets
APR-28-2006 FRI 01:17 PM
FAX NO.
P. 04
Said lands lying in the City of Aventura, Miami-Dade County, Florida and containing total
net area 305,076 square feet 7.00 (acres) more or less.
NOTES:
1. Not valid wi1hout the signature and origin.al embossed seal of a Florida licensed
Professional Surveyor and Mapper.
2. Lands described hereon were not abstracted, by the surveyor, for ownership,
easements, rights-of-way or other instruments that may appear in the Public
Records of Miami-Dade COW1ty.
3. Bearings shown hereon are relative to the East line of Tract B, DONN ACRES, as
recorded in Plat Book 76, Page 30, Miami-Dade COW1ty Records, with said East
line having a bearing ofSou1h 02021 '14" East.
4. The description contained herein and the attached sketch, do not represent a field
Boundary Survey.
Date:
4- -2&--a?
Prepared By:
CAl..VIN, GIORDANO AND ASSOClA TES, INC.
1800 Eller Drive, Suitt: 600
Fort Lauderdale, Flonc!a. JJ31l.i
December 9. :W03
Revised April 28. 2006
p:\rt'ojects\2001\012193 Gulrllll'eIl.Jl1 Park 130undary Survey o:fMiilmi Dade Portion\SURVTIY\l..tgal Descriptiol1,,\Proposcd Park
Ne.I_Pared 1&2_042706.doc
Sheet 3 of 3 Sheets
APR-28-200B FRI 01 :17 PM
FAX NO,
p, 05
MATCH LINE
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REPLAT 0 C LD~ 15jJ!~~ e;,Jj~~"g
PG 53, PC 21. B.C.Ft S>. PO 21. .',
APR-28-2006 FRI 01:18 PM
FAX NO,
p, 06
LAl{DDESCRlPTION
GULFSTREAM PARK
BROW ARD COUNTY PORTION LESS VILLAGES AT GULFSTREAM
PARCEL I (FEE SIMPLE ESTATE)
The East 180.6 feet of Lot 1, Block 7; LESS the North 75 feet thereof for State Road
Right-of-Way;
The South 300.0 feet of Lot 1, Block 7; LESS the East 180.6 feet thereof; and also less
the West 33.23 feet thereof; Lot 4, Block 7, less the North 25.00 feet of the West 33.23
feet thereof;
Lots 3 and 4, Block 8;
Lots 1, 2, 3 and 4, Block 9;
Lots 1, 2, 3 and 4, Block 10;
Lots 1,2,3 and 4, Block 15;
Lots 1,2,3 and 4, Block 16;
All of the Subdivision in Section 27, Township 51 South, Range 42 East, according to the
Plat of TOWN OF HALLANDALE (MAP OF THE TOWN OF HALLANDALE),
according to the Plat thereof, as recorded in Plat Book B, Page 13, Public Records of
Dade County, Florida, now being a part ofBroward County, Florida.
LESS AND EXCEPT from all the above those portions lying West of the East right-of-
way of Federal Highway (U.S, No.1), said East right-of-way line being described as
follows: Beginning at the intersection of the North line of said Lot 2, Block 10, with a
line that lies 90.00 feet East of and parallel with the West line of the Southeast One-
Quarter (S.E. v..) of said Section 27; thence Southerly along said paraUelline a distance of
1869.97 feet to the point of curvature of a curve concave to tbe West and having a radius
of 3909.83 feet; thence Southerly along said curve through a central angle of 12 degrees
03 minutes 38 seconds for an arc distance of 823.01 feet to a point of terminus on the
Soutb line of the Southeast One Quarter (S.B.v..) of said Section 27, Township 51 South,
Range 42 East, Broward County, Florida.
Portions of the Plat of TOWN OF HALLENDALE (MAP OF THE TOWN OF
HALLANDALE), according to the Plat thereof, as recorded in Plat Book B, Page 13,
Public Records of Miami-Dade County (Broward County), Florida, now being a portion
of Broward County, Florida., as reflected in the legal description set forth above were
replatted by the following plats:
HALLANDALE PARK NO. 12 PART 2, recorded in Plat Book 10, Page 17, Public
Records of Miami-Dade County, Florida, now being a portion of Broward County,
Florida.
B) HALLANDALE PARK NO. 12 REVISED (RIVIERA) SECTIONS, recorded in Plat
Book 10, Page 18, Public Records of Miami-Dade County (Broward County), Florida,
now being a portion of Broward County, Florida.
Prepared ny:
CALVIN, GlOROANO AND ASSOCIATES, INC.
1 ~oo EllQr PI'ivc. Suite GOO
Fort t......uderdillt. Florida 33316
April 28, 2006
P:\Ptojecl.S\2004\042824 OultBtrI::Rm\SURVEY\Lc:pl PC:lcMptions\Gulfstroa.mrBroward portion Jess Villages.doc
Sheet 1 of 7 Sheets
APR-28-2006 FRI 01:18 PM
FAX NO,
p, 07
C) GOLDEN ISLES BOULEY ARD ANNEX BENCH (BEACtI) SECTION, recorded in
Plat Book 12, Page 46, Public Records of Miami-Dade County (Broward County),
Florida, now being a portion of Broward County, Florida.
AND
All of the subdivisions of HOLL YDALE PARK, according to the Plat thereof, as
recorded in Plat Book II, Page 2, Public Records ofBroward County, Florida.
LESS AND EXCEPT THEREFROM all of Hibiscus Street as shown on said
HOLLYDALE PARK, aik/a the North 25 feet of the Southwest One Quarter (S,W.v.) of
the Southwest One Quarter (S.W.v.) of the Northeast One Quarter (N.E.1f4) of Section
27, Township 51 South, Range 42 East, Broward County, Florida
ALSO EXCEPTING THEREFROM all that portion of said Hollydale Park lying West of
a line 90.00 feet East of and parallel with the West line of the Southwest One Quarter
(S.W.1I4) of the Southwest One Quarter (S.W.l/4) of the Northeast One Quarter
(N.E.l/4) of Section 27, Township 51 South, Range 42 East, Broward County, Florida.
AND
The West One Half (W.l/2) of the Southwest One Quarter (S.W.1I4) of the Northwest
One Quarter (N.W.1I4) of the Southwest One Quarter (S.W.1/4) and the West One Half
(W.1I2) of the Northwest One Quarter (N.W.1/4) of the Southwest One Quarter
(S.W.1/4) of the Southwest One Quarter (S.W.1/4) of Section 26, Township 51 South,
Range 42 East, Broward County, Florida.
ALSO LESS AND EXCEPT THEREFROM all of the above description property
conveyed by the Deed to the State of Florida for use and benefit of the State of Florida
Department of Transportation as set forth in the Deed recorded in Official Records Book
13597, Page 886, Public Records of Broward County, Florida, described as follows: That
part of Lots 2 and 3, Block IS, TOWN OF HALLANDALE, according to the Plat
thereof, as recorded in Plat Book B, Page 13, Public Records in Broward County (Dade
County), Florida, said part being more particularly described as follows: Commence at
the Northeast comer oCthe Southeast Quarter of Section 27, Township 51 South, Range
42 East; thence South 87 degrees 07 minutes 18 seconds West along the North line of
said Southeast Quarter of Section 27, a distance of 2665.11 feet to the Northwest comer
of said Southeast Quarter of Section 27; thence South 02 degrees 52 minutes 00 seconds
East along the West line of the East Half of said Section 27, a distance of 1869.97 feet;
thence North 87 degrees 08 minutes 00 seconds East, a distance of 94.5 feet; thence
South 02 degrees 52 minutes 00 seconds East, a distance of 4.32 feet to the POINT OF
BEGINNING; thence continue South 02 degrees 52 minutes 00 seconds East, a distance
of 32.91 feet to the beginning of a curve concave Westerly, having a radius of 3743.00
feet and a chord bearing of South 00 degrees 21 minutes 43 seconds East; thence nUl
Southerly along the arc of said curve through a central angle of 5 degrees 00 minutes 35
Pro:p",r~ By:
CALVIN, GIORDANO MD ASSOCIATES. INC.
H~OO Eller Drive. Suite 600
Fort Lauderdale. Florida 33316
April 28, 2006
P:\Projcct!l\2004\042824 OUlftltreaml'RJRVEY\Lcsnl Description!i\Gulfsl.n:lLm-Brownnl portion less Vill<lges,doc
Sheet 2 of 7 Sheets
APR-28-2oo6 FRI 01:18 PM
FAX NO.
P. 08
seconds, a distance of327.27 feet; thence South 6 degrees 49 minutes 12 seconds West, a
distance of 99.85 feet to a point on the existing Easterly right-of-way line of State Road 5
and the beginning ofa curve concave to the West, said curve having a radius of3819.83
feet and a chord bearing of North 1 degree 32 minutes 43 seconds East; thence Northerly
along the arc of said curve a distance of 318.44 feet through a central angle of 4 degrees
46 minutes 35 seconds to the end of said curve; thence along the South line of said Lot 3,
Block 15, North 87 degrees 02 minutes 19 seconds East a distance of 2.11 feet; thence
continue along said existing Easterly right-of-way line North 2 degrees 52 minutes 00
seconds West, a distance of 140.79 feet; thence leaving said existing Easterly right-of-
way line run North 87 degrees 08 minutes 00 seconds East a distance of 4.50 feet to the
POINT OF BEGINNING.
ALSO LESS AND EXCEPT THEREFROM all of the above described property
conveyed to the State of Florida for the use and benefit of the State of Florida Department
of Transportation as set forth in the Deed recorded in Official Records Book 15493, Page
113, Public Records of Broward County, Florida, described as follows: That part of Lots
10 and 11, Block 2, of HOLLYDALE PARK, according to the Plat thereof, as recorded
in Plat Book 11, Page 2, Public Records ofBroward County, F1orida, and that part ofa25
foot abandoned and vacated road as shown on said Plat of Holly dale Park and that part of
Lot 2, Block 10, of the TOWN OF HALLANDALE, according to the Plat thereof, as
recorded in Plat Book B, Page 13, Public Records in Dade County, Florida, said part
being more particularly described as follows:
Commence at the Southwest comer of the Northwest Quarter in Section 27, Township 51
South, Range 42 East; thence North 87 degrees 07 minutes 28 seconds East, along the
Quarter Section line of said Section 27 a distance of 2655.87 feet to the baseline of
survey f-or State Road 5; thence North 02 degrees 52 minutes 00 seconds West, a distance
of 62.77 feet; thence North 87 degrees 08 minutes 00 seconds East, a distance of 90.00
feet to the Easterly existing right-of-way for State Road 5 and the POINT OF
BEGINNING; thence South 67 degrees 58 minutes 47 seconds East, a distance of23.16;
thence North 87 degrees 07 minutes 18 seconds East, a distance of 10.97 feet; thence
South 02 degrees 52 minutes 42 seconds East, a distance of 106.00 feet; thence South 42
degrees 07 minutes 39 seconds West, a distance of 38.89 feet; thence South 02 degrees
52 minutes 00 seconds East, a distance of 200.25 feet; thence South 00 degrees 56
minutes 51 seconds West, a distance of 67.65 feet; thence North 02 degrees 52 minutes
00 seconds West, a distance of 411.00 reet to the POINT OF BEGINNING; and that part
of Lots 1 and 2 in Block 1 of HOLL YDALE PARK, according to the Plat thereof, as
recorded in Plat Book 11, Page 2, of the Public Records in Broward County, Florida, said
part being more particularly described as follows: Commence at the Southwest comer of
the Northwest Quarter in Section 27, Township 51 South, Range 42 East; thence North
87 degrees 07 mim~tes 28 seconds East, a distance of 2655.87 feet to the baseline of
Survey for State Road 5; thence North 02 degrees 52 minutes 00 seconds West, a distance
of618.41 feet; thence South 87 degrees 08 minntes 00 seconds East, a distance of90.00
feet to the POINT OF BEGINNING; thence North 32 degrees 50 minutes 45 seconds
Prepmed By:
CALVIN. GIORDANO AND ASSOCIATBS,INC.
1800 Ellt;:r Dri'Je. Suito 600
FOrt uudenlale. Plonuu 33316
April 28, 2006
P:\Projel;t5\2004\042824 GulfstreOlm\sURVEY\Leg:l] DeM:ri~tions\Gulfstream.Broward portion less Villa,gcs,doc
Sheet 3 of 7 Sheets
APR-28-2006 FRI 01:18 PM
FAX NO.
P. 09
East a distance of 40.03 feet; thence South 87 degrees 12 minutes 47 seconds West, a
distance of23.36 feet to the Easterly existing right-of-way for State Road 5; thence South
02 degrees 52 minutes 00 seconds East, a distance of 32.53 feet to the POINT OF
BEGINNING.
LESS THEREFROM THE FOLLOWING DESCRIBED PARCEL:
A portion of Lots 1,3 and 4, Block 7, Lots 1 through 4, Block 10, and Lots 1 through 3,
Block 15 all in MAP OF THE TOWN OF HALLANDALE, according to the plat thereof
as recorded in Plat Book B, Page 13 of the Public Records of Dade COWlty, Florida, also
being portions of HAL LAND ALE PARK NO. 12, PART 2, according to the plat thereof
as recoded in Plat Book 10, Page 17, portions of HOLL YDALE PARK, according to the
plat thereof as recorded in Plat Book 11, Page 2 and portions of HALLANDALE PARK
NO. 12, according to the plat thereof as recorded in Plat Book 12, Page 35, the three (3)
previous plats being recorded in the Public Records of Broward COWlty, Florida and
being particularly described as follows:
COMMENCING at the Southeast comer of Section 27, Township 51 South, Range 42
East, Broward County, Florida;
THENCE South 88001 '22" West (basis of bearings) on the South line of said Section 27,
a distance of 2,093.59 feet to the POTh.'T OF BEGINNING;
THENCE continue South 88001'22" West on said South line of Section 27, a distance of
570.55 feet to the intersection with the East right-of-way line of South Federal Highway
(U.S. 1) as shown on State of Florida Department of Transportation Right-of-Way Maps
for State Road 5, Section 86010-2519, said point located on the arc of a non-tangent
curve concave to the West, whose radius point bears North 79"45'42" West;
THENCE on said East right-of-way line of South Federal Highway (U.S. 1) the following
sixteen courses and distances;
1. Northerly on the arc of said curve having a radius of 3,909.83 feet, through a
central angle of 05016'33", and an arc distance of 360.01 feet to a point of non-
tangency;
2. South 85002'14" East, a distance of 0.85 feet;
3. North 07051 '26" East, a distance of 99.85 feet to a point on the arc of a non-
tangent curve concave to the West, whose radius point bears North 86049'11"
West;
Prepured By:
CA~V1N, GIORDANO AND ASSOCIATES. INC.
1800 Ellel' Drive, Suitt 600
Fort Lauderdale. Florida 333]6
April 28, ~OO6
P;\Projocts\2004\042824 GuICi>tream\SURVEY\Lcgu1 Ocscri'Ption:l\Gult:')trcam~Broward ])Ortion less VillOlses.doc
Sheet 4 of 7 Sheets
APR-28-2006 FRI 01:18 PM
FAX NO,
p, 10
4. Northerly on the arc of said curve having a radius of 3,743.00 feet, through a
central angle of 05000'35", and an arc distance of 327.27 feet to a point of
tangency;
5. North 01049'46" West, a distance of32.91 feet;
6. South 88010'14" West, a distance of 4.50 feet to a point on the arc of a nOIl-
tangent curve concave to the West, whose radi.us point bears South 88014'02"
West;
7. Northerly on the arc of said curve having a radius of 3,909.83 feet, through a
central angle of 00003'48" , an arc distance of 4.32 feet to a point of tangency;
8. North 01049'46" West, a distance of 1,521.75 feet;
9. North 02003'07" East, a distance of 67.65 feet;
10. North 01049'46" West, a distance of200,25 feet;
11. North 43007'48" East, a distance of38.89 feet;
12. North 01052'33" West, a distance of 106.00 feet;
13. South 88007'27" West, a distance of 10.97 feet;
14. North 66056'55" West, a distance of23.16 feet;
15. North 01050'08" West, a distance of555.82 feet;
16. North 33052'37" East, a distance of 40.03 feet to the intersection with the South
right-of-way line of Hibiscus Street as shown on THE PROMENADE AT
HALLANDALE, according to the plat thereof as recorded in Plat Book 112, Page
4 ofthe Public Records of Broward County, Florida;
THENCE North 88013'39" East on said South right-of-way line and its Easterly
projection, a distance of 594.33 feet
THENCE South 01046'21" East, a distance ofIO.OO feet;
THENCE North 88013'39" East, a distance of 110.41 feet;
THENCE South 01006'17" East, a distance of29.83 feet;
Prepared By:
CALVIN. GIORDANO AND ASSO(:lA Tes. INC,
1800 nll~r Drive,. Suite 600
Fort Laudord:lle. Florida 33316
April 28.2006
P:\Projects\2004\042824 Oultst:rcam\SURVEY\Legal Descl'iptions\Oulfiilwun-BTOwnrd portiDn ICf;S Vil1ase~."oc
Sheet 5 of 7 Sheets
APR-28-2006 FRI 01:18 PM
FAX NO,
p, 11
THENCE South 01050'08" East, a distance of 414.60 feet;
THENCE North 88009'52" East, a distance of277.46 feet;
THENCE South 01053'41" Easl, a distance of 1,205.42 feet to a point on the arc of a non-
langent CUTVe concave to the Southeast, whose radius point bears South 08025'32" East;
THENCE Southwesterly on the arc of said curve haviug a radius of 59.13 feet, 1hmugh a
central angle of81 041'52", an arc distance of84.31 feet to a point of tangency;
THENCE South 00007'24" East, a distance of34.90 feet;
THENCE South 88009'52" West, a distance of 170.01 feet;
THENCE South 01050'08" East, a distance of 226.96 feet to a point on the arc of a non-
tangent curve concave to the East, whose radius point bears South 12035'36" East;
THENCE Southerly on the arc of said curve having a radius of 116.08 feet, through a
central angle of 158029'04", and an arc distance of 321.09 feet to a point of non-
tangency;
THENCE South 01050'08" East, a distance of315.49 feet;
THENCE South 88009'52" West, a distance of 103.71 feet;
THENCE South 43009'52" West, a distance of276.44 feet;
THENCE South 01050'08" East, a distance of 618.62 feet to the POINT OF
BEGINNING;
Said lands lying in the City of Hallandale Beach, Broward County, Florida and
containing a total net area of 153.632 acres, more or less.
NOTES:
I. Not valid without the signature and original embossed seal of a Florida licensed
Professional Surveyor and Mapper.
Prepared Sy:
CAI.VTN. GIORDANO AND ASSOClArES. INC.
1800 Eller Drive. Suite 600
Fort Laudl::rdalc, Florida. 3331.6
April 28, 2006
P:\PrCljccts\2004\042824 GulfstTtilm\SURVEY\Lebrnl Desl..,'npliuml\CuIH,t.Teurn-Browllrd porlion less Villages.doe
Sheet 6 of 7 Sheets
APR-28-2006 FRI 01:19 PM
FAX NO,
p, 12
2. Lands described hereon were not abstracted, by the surveyor, for ownership,
easements, rights-of-way or other instruments that may appear in the Public
Records of Broward County.
3. The description contained herein was prepared from infonnation provided by the
client.
4. The description contained herein does not represent a field Boundary Survey.
Date:
4- -Z-f -ol;
Proparc<l ~y:
CALVIN, GIORDANO AND ASSOCIATES, INC,
1800 Eller Drive:. Suite 600
Fort Lauderdale. ,FloridOl. 33316
April 28. 2006
P:\Projects"J004\04'2824 Gulfstrc3m\SURVEY\Lcgal Dcscriptions'Gulfstre:m.....Broward partion lCfl~ Villagl::!I.~QC
Sheet 7 of 7 Sheets
APR-28-2006 FRI 01:\9 PM
FAX NO.
P. 13
LAND DESCRIPTION
GULFSTREAM PARK
BROW ARD COUNTY PORTION
PARCEL 1 (FEE SIMPLE ESTATE)
The East 180.6 feet of Lot 1, Block 7; LESS the North 75 feet thereof for State Road
Right-of- Way;
The South 300.0 feet of Lot I, Block 7; LESS the East 180.6 feet thereof; and also less
the West 33.23 feet thereof; Lot 4, Block 7, less the North 25.00 feet of the West 33.23
feet thereof;
Lots 3 and 4, Block 8;
Lots 1, 2, 3 and 4, Block 9;
Lots 1,2,3 and 4, Block 10;
Lots 1,2,3 and 4, Block 15;
Lots 1,2,3 and 4, Block 16;
All of the Subdivision in Section 27, Township 51 South, Range 42 East, according to the
Plat of TOWN OF HALLANDALE (MAP OF THE TOWN OF HALLANDALE),
according to the Plat thereof, as recorded in Plat Book B, Page 13, Public Records of
Dade County, Florida, now being a part of Broward County, Florida.
LESS AND EXCEPT from all the above those portions lying West of the East right-of-
way of Federal Highway (U.S. No.1), said East right-of-way line being described as
follows: Beginning at the intersection of the North line of said Lot 2, Block 10, with a
line that lies 90.00 feet East of and parallel with the West line of the Southeast One-
Quarter (S.B. v.) of said Section 27; thence Southerly along said parallel line a distance of
1869.97 feet to the point of co.rvature of a curve concave to the West and having a radius
of3909.83 feet; thence Southerly along said curve through a central angle of 12 degrees
03 minutes 38 seconds for an arc distance of 823.01 feet to a point of tenninus on the
South line ofthe Southeast One Quarter (S.E.V.) of said Section 27, Township 51 South,
Range 42 East, Broward County, Florida.
Portions of the Plat of TOWN OF HALLENDALE (MAP OF THE TOWN OF
HALLANDALE), according to the Plat thereof, as recorded in Plat Book B, Page 13,
Public Records of Miami-Dade County (Broward County), Florida, now being a portion
of Broward County, Florida, as reflected in the legal description set forth above were
replatted by the following plats:
HALLA.'lDALE PARK NO. 12 PART 2, recorded in Plat Book 10, Page 17, Pl~blic
Records of Miami-Dade County, Florida, now being a portion of Broward County,
Florida.
B) HALLANDALE PARK NO. 12 REVISED (RIVIERA) SECTIONS, recorded in Plat
Book 10, Page 18, Public Records of Miami-Dade County (Broward County), Florida,
now being a portion of Broward County, Florida.
PrqllLred By:
CA~VTN, GIORDANO AND ASSOClA TES. INC,
1800 Eller Drive. Suite 600
Fort Lwd",clal.. Florida 33316
April 2&, 2006
P:\Project:ll\2004\()42~24 Gulf9tream\SURVEy\/..-~ga.llJe~criptiDn~\Ov~rnll Boudllty I~!ili Dude portion.doo
Sheet 1 of 4 Sheets
APR-28-2006 FRI 01:19 PM
FAX NO,
p, 14
C) GOLDEN ISLES BOULEVARD ANNEX BENCH (BEACH) SECTION, recorded in
Plat Book 12, Page 46, Public Records of Mimni-Dadc County (Broward County),
Florida, now being a portion ofBroward County, Florida.
AND
All of the subdivisions of HOLLYDALE PARK, according to the Plat thereof, as
recorded in Plat Book 11, Page 2, Public Records ofBro~ard County, Florida.
LESS AND EXCEPT THEREFROM all of Hibis<rs Street as shown on said
HOLLYDALE PARK, aJk/a the North 25 feet of the Southwest One Quarter (S.W.Y.,) of
the Southwest One Quarter (S.W.Y.,) of the Northeast Or.e Quarter (N.E,1I4) of s.ection
27, Township 51 South, Range 42 East, Broward CountY'I~lorida.
ALSO EXCEPTING THEREFROM all that portion of sfd Hollydale Park lying West of
a line 90.00 feet East of and parallel with the West line of the Southwest One Quarter
I
(S.W.1/4) of the Southwest One Quarter (S. W.1I4) pf the Northeast One Quarter
:"41 ors,olion 27, To_i, 51 Sonfu,...'" 42 T' B~d Coomy, Florida
The West One Half (W.l/2) of the Southwest One Quarter (S.W.1!4) of the Northwest
One Quarter (N.W.1I4) of the Southwest One Quarter ( .W.1/4) and the West One Half
(W.1!2) of the Northwest One Quarter (N.W.l/4) 0 the Southwest One Quarter
(S.W.1/4) of the Southwest One Quarter (S.W.l/4) of ection 26, Township 51 South,
Range 42 East, Broward County, Florida.
ALSO LESS AND EXCEPT THEREFROM all of !/.Ie above description property
conveyed by the Deed to the State of Florida for use and benefit of the State of Florida
Department of Transportation as set forth in the Deed re9~rded in Official Records Book
13597, Page 886, Public Records ofBroward County, FI<jrida, described as follows: That
part of Lots 2 and 3, Block 15, TOWN OF HALL~ALE, according to the Plat
thereof, as recorded in Plat Book B, Page 13, Public Relfords in Broward COWlty (Dade
County), Florida, said part being more particularly descrbed as follows: Conunence at
the Northeast corner of the Southeast Quarter of Sectionl27, Township 51 South, Range
42 East; thence South 87 degrees 07 minutes 18 seconds West along the North line of
said Southeast Quarter of Section 27, a distance of 2665h 1 feet to the Northwest corner
of said Southeast Quarter of Section 27; thence South 021 degrees 52 minutes 00 seconds
East along the West line of the East Half of said Sectio, 27, a distance of 1869.97 feet;
thence North 87 degrees 08 minutes 00 seconds East, a distance of 94.5 feet; thence
South 02 degrees 52 minutes 00 seconds East, a distanc, of 4.32 feet to the POINT OF
BEGINNING; thence continue South 02 degrees 52 min'ltes 00 seconds East, a distance
of 32.91 feet to the beginning of a curve concave West,r1y, having a radius of 3743.00
feet and a chord bearing of South 00 degrees 21 minutFs 43 seconds East; thence run
Southerly along the arc of said curve through a central ajgle of 5 degrees 00 minutes 35
Prepared By;
CALVIN. GIORDANO AND ASSOCIATaS, INC.
1800 EllcrOMvc, Suito 600
Fort Laudenl.lll~, Florida ~3316
April 28, 2006
P;\Projec!!i\2004\042824 Gulfs1:J"eUm\SURVEY\Legal Descriptions\Ovcr"ll Boudmy le:1~ Dade portion.doc
Sheet 2 of 4 Sheets
APR-28-2006 FRI 01:19 PM
FAX NO,
p, 15
seconds, a distance of327.27 feet; thence South 6 degrees 49 minutes 12 seconds West, a
distance of99.85 feet to a point on the existing Easterly right-of-way line of State Road 5
and the beginning ofa curve concave to the West, said curve having a radius of3819.83
feet and a chord bearing of North 1 degree 32 minutes 43 seconds East; thence Northerly
along the arc of said curve a c1istance of 318.44 feet through a central angle of 4 degrees
46 minutes 35 seconds to the end of said curve; thence along the South line of said Lot 3,
Block 15, North 87 degrees 02 minutes 19 seconds East a distance of 2.11 feet; thence
continue along said existing Easterly right-of-way line North 2 degrees 52 minutes 00
seconds West, a distance of 140.79 feet; thence leaving said existing Easterly right-of-
way line TW1 North 87 degrees 08 minutes 00 seconds East a distance of 4.50 feet to the
POINT OF BEGINNING.
ALSO LESS AND EXCEPT THEREFROM all of the above described property
conveyed to the State of Florida for the use and benefit of the State of Florida Department
of Transportation as set forth in the Deed recorded in Official Records Book 15493, Page
113, Public Records of Broward County, Florida, described as follows: That part of Lots
10 and 11, Block 2, of ROLL YDALE PARK, according to the Plat thereof, as recorded
in Plat Book 11, Page 2, Public Records ofBroward COUllty, Florida, and that part ofa 25
foot abandoned and vacated road as shown on said Plat of Holly dale Park and that part of
Lot 2, Block 10, of the TOWN OF HALLANDALE, according to the PIa! thereof, as
recorded in Plat Book B, Page 13, Public Records in Dade County, Florida, said part
being more particularly described as follows:
Connnence at the Southwest comer ofthe Northwest Quarter in Section 27, Township 51
South, Range 42 East; thence North 87 degrees 07 minutes 28 seconds East, along the
Quarter Section line of said Section 27 a distance of 2655.87 feet to the baseline of
survey for State Road 5; thence North 02 degrees 52 minutes 00 seconds West, a distance
of 62.77 feet; thence North 87 degrees 08 minutes 00 seconds East, a distance of 90.00
feet to the Easterly existing right-of-way for State Road 5 and the POINT OF
BEGINNING; thence South 67 degrees 58 minutes 47 seconds East, a distance of 23.16;
thence North 87 degrees 07 minutes 18 seconds East, a distance of 10.97 feet; thence
South 02 degrees 52 minutes 42 seconds East, a distance of 106.00 feet; thence South 42
degrees 07 minutes 39 seconds West, a distance of 38.89 feet; thence South 02 degrees
52 minutes 00 seconds East, a distance of 200.25 feet; thence South 00 degrees 56
minutes 51 seconds West, a distance of 67.65 feet; thence North 02 degrees 52 minutes
00 seconds West, a distance of 411.00 feet to the POINT OF BEGINNING; and that part
of Lots 1 and 2 in Block 1 of HOLL YDALE PARK, according to the Plat thereof, as
recorded in Plat Book 11, Page 2, of the Public Records in Broward COUllty, Florida, said
part being more particularly described as follows: Commence at the Southwest comer of
the Northwest Quarter in Section 27, Township 51 South, Range 42 East; thence North
87 degrees 07 minutes 28 seconds East, a distance of 2655.87 feet to the baseline of
Survey for State Road 5; thence North 02 degrees 52 minutes 00 seconds West, a distance
of6l8.41 feet; thence Sonth 87 degrees 08 minutes 00 seconds East, a distance of 90.00
feet to the POINT OF BEGINNING; thence North 32 degrees 50 minutes 45 seconds
PI'CpMod By:
CALVIN, OlORDANO AND ASSOCIATES, INC.
t 800 Eller Drive, S~ite 600
Fort Lauderdale. Florida 33316
April2~, 2006
P:\Ptojects\2004\042824 Gulfstream\SURVEY\Legal Dcscl'jptions\Overall Bout:lary lesa Dade portion.doc
Sheet 3 of 4 Sheets
APR-28-2006 FRI 01: 19 PM
FAX NO,
p, 16
East a distance of 40.03 feet; thence South 87 degrees 12 minutes 47 seconds West, a
distance of23.36 feet to the Easterly existing right-of-way for State Road 5; thence South
02 degrees 52 minutes 00 seconds East, a distance of 32.53 feet to the POINT OF
BEGINNING.
Said lands lying in the City of Hallandale Beach, Broward County, Florida and
containing 214.398 acres more or less.
NOTES:
1. Not valid without the signature and original embossed seal of a Florida licensed
Professional Surveyor and Mapper.
2. Lands described hereon were not abstracted, by the surveyor, for ownership,
easements, rights-of-way or other instruments that may appear in the Public
Records ofBroward County.
3. The description contained herein was prepared from information. provided by the
client.
4. The description contained herein does not represent a field Boundary Survey.
Date:
/'7$'-tJb
PrcpsrclJ By:
CALVIN, GIORDANO AND ASSOCIATES,INC.
1800 Eller Drive, Suite 600
Fort Laudord.l" Florid. 33316
Apri128,2006
P:\Projc:ct.'l\2004\042824 GulfBtrcam\SURVTIY\Legal Descdptions\OVCl'all Boudary 1~1l Dade portion.doc
Sheet 4 of 4 Sheets
APR-28-2006 FRI 01:19 PM
FAX NO,
p, 17
LAND DESCRIPTION
MO TRACT LESS PARK
GULFSTREAM PARK
CITY OF A VENTURA, MIAMI-DADE COUNTY, FLORIDA
Portions of Tract A and Tract B, DONN ACRES, according to the plat thereof as recorded
in Plat Boolc 76, Page 30 of the Public Records of Miami-Dade COWlty, Florida, being
more particularly described as follows:
BEGINNING at the Northeast comer of said Tract B and the Northeast comer of Section
34, Township 51 South, Range 42 East;
THENCE South 02"21' 14" East on the East line of said Tract B and the East line of said
Section 34, a distance of 541.55 feet to the Northeast comer of a parcel of land conveyed
to the City of Aventura for highway purposes by Right-of-Way Deed recorded in Official
Records Book 17973, Page 3869 of the Public Records of Miami-Dade County, Florida;
THENCE 011 the North line of said Parcel conveyed to the City of Aventura the following
three (3) cou.rses and distances;
1. South 50"29'14" West, a distance of 32.10 feet (31.83 feet by deed) to the
beginning of a tangent curve concave to the Northwest;
2. Southwesterly on the arc of said curve having a radius of 330.00 feet, through a
central angle of 37032'07" (37"34'38" by deed), lU1 arc distance of 216.19 feet
(216.43 feet by deed) to a point of tangency;
3. South 88"01 '22" West, a distance of 107.88 feet;
THENCE North 01052'05" West, a distance of 523.58 feet;
THENCE South 88009'53" West, a distance of581.87 feet;
THENCE South 01 "52'05" East, a distance of525.02 feet to the intersection with the North
line of said Parcel ofland conveyed to the City of Aveutura;
THENCE South 88001'22" West on said North line, a distance of 449.07 feet;
THENCE North 01058'38" West, a distance of 629.41 feel to intersection with the North
line of said Tract A and the North line of said Section 34;
PrepaT~d By:
CALVIN, GIORDANO AND ASSOCIATES,INC.
1800 EIlt:T Drivt:l Sui~ 600
Fort LaLlQCrdale, Florida 33316
April 28. 2006
P:\Prujcct!l\2001\012193 GulflOilrenm Park DQl.lndru-y SlIrvcyofMia.mi Dade: l)oninn\~URVEY\Lt:gal Descriptions\MO Tmc:t Uo9S Parle
ArOilr _ 042706.Cloc
Sheet 1 of 2 Sheets
APR-28-2006 FRI 01:20 PM
FAX NO,
p, 18
THENCE North 88001'22" East on said North line of Tract A and the North line of Section
34, a distance ofl,361.77 feet to the POINT OF BEGINNING;
Said lands lying in the City of Aventura, Miami-Dade County, Florida and containing
546,955 square feet (12.556 acres) more or less.
NOTES:
1. Not valid without the signature and original embossed seal of a Florida licensed
Professional Surveyor and Mapper.
2. Lands described hereon were not abstracted, by the surveyor, for ownership,
easements, rights-of-way or other instrIDnenls that may appear in the Public
Records ofMiarni-Dade County.
3. Bearings shown hereon are relative to the East line of Tract B, DONN ACRES, as
recorded in Plat Book 76, Page 30, Miami-Dade County Records, with said East
line having a bearing of South 02021' 14" East.
4. The description contained herein and the attached sketch, do not represent a field
Boundary Survey.
Date: 1- - 2$f.....~
PreparcQ. 13y:
CALVIN. GIORDANO AND ASSOClA 1'ES, INC.
) 800 Eller Drive, Sl-Il1l;; 600
Fort r-"uClcrdalc, FlO1iaa 33316
Apl'i128,2006
P:\Proj';i;:t$\2001\012193 Gl-Iltstrellm Park Boundary Surv~ofMiami Dude POl'tion\SURVEY\LegOll DcscMptions\MO Tr~c::t US! Pnrk
Aten._042706.doc
Sheet 2 of 2 Sheets
APR-28-2006 FRI 01:20 PM
FAX NO.
p, 19
LAND DESCRIPTION
ZONNING B-2
GULFSTREAM PARK
CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA
Portion of Tract A, DONN ACRES, according to the plat thereof as recorded in Plat
Book 76, Page 30 of the Public Records of Miami-Dade County, Florida, being more
particularly described as follows:
COMMENCE at the Northeast comer of Tract B of said DONN ACRES and the
Northeast comer of Section 34, Township 51 South, Range 42 East;
THENCE South 88001 '22" West on the North line of said Tracts A and B and the North
line of said Section 34, a distance of 1,361.77 feet to the POINT OF BEGINNING;
THENCE South 01058'49" East, a distance of 629.41 feet to the intersection with the
North line of a parcel of land conveyed to the City of A ventura for highway purposes by
Right-of-Way Deed recorded in Official Records Book 17973, Page 3869 of the Public
Records of Miami-Dade County, Florida;
THENCE on said North line of a Parcel of land conveyed to the City of Aventura the
following four (4) courses and distances;
1. South 88001'22" West, a distance of 1090,89 feet to the beginning of a tangent
curve concave to the North;
2. Westerly on the arc of said curve having a radius of614.09 feet, through a central
angle of21 005'30", an arc distance of226.06 feet;
3. North 70053'08" West, a distance of 131.73 feet to the beginning of a tangent
curve concave to the Northeast;
4. Northwesterly on the arc of said curve having a radius of 25.00 feet, throllgh a
central angle of 88053'36", an arc distance of 38.79 feet to a point of reverse
curvature with a curve concave to the N'orthwest, said point being located on the
West line of said Tract A, DONN ACRES;
THENCE Northeasterly on said Wcst line of Tract A and on the arc of said curve having
a radius of 3909.83 feet, through a central angle of 07046'10", an arc distance of530.18
feet to the Northwest comeT of said Tract A and the intersection with said North line of
Section 34;
Prepared By:
CALVIN, GIORDANO AND ASSOCIATES, INC.
1800 Eller Drive, SU11e 600
FOI't Lauderdnle, floridn 333 16
April28,2006
P:\Pl'Ojects\200I\012t93 Culfaln:um .fJw-k Hountlmy SUr\lI:lY of Millmi Diide Portian\SURVEY\Legul Desoriptions\2.0nninlLD2
Area.doc
Sheet 1 of 2 Sheets
APR-28-2006 FRI 01:20 PM
FAX NO,
p, 20
THENCE North 88001 '22" East on said North line of Tract A and said North line of
Section 34, a distance of 1 ,302.36 feet to the POINT OF BEGINNING;
Said lands lying in the City of Aventura, Miami-Dade County, Florida and containing
859,320 square feet (19.7273 acres) more or less.
NOTES:
1. Not valid without the signature and original embossed seal of a Florida licensed
Professional Surveyor and Mapper.
2. Lands described hereon were not abstracted, by the surveyor, for ownership,
easements, rights-of-way or other instruments that may appear in the Public
Records of Miami-Dade County.
3. Bearings shown hereon are relative to the North line of Tracts A and B, DONN
ACRES, as recorded in Plat Book 76, Page 30, Miami-Dade COWlty Records,
with said North line having a bearing of South 88001 '22" West.
4. The description contained herein and the attached sketch, does not represent a
field Boundary Survey.
Date: 4 -2&-af:;>
Prepared By:
CALVIN. GIORDANO AND ASSOCIATES, INC.
1800 Ellet Drive. Suitt: 60Q
FOrt Luudt:rdalc; flonda 33316
April 28, 2006
P:\Projecls\2001\01219~ Gulflltrcll.m Pm BOI.m4!U}' Survey of Miami Oll-de: Portion\SURVEY\Lcgal Descriptions\ZonninlLB2
ArCQ.qoc
Sheet 2 of 2 Sheets
APR-28-200B FRI 01:20 PM
FAX NO.
p, 21
LAND DESCRIPTION
VILLAGE AT GULFSTREAM PARK
EXHIBIT
A portion of Lots 1, 3 and 4, Block 7, Lots 1 through 4, Block 10, and Lots 1 through 3, Block
IS all in MAP OF THE TOWN OF HALLANDALE, according to the plat theroof as recorded in
Plat Book B, Page 13 of the Public Records of Dade County, Florida, also being portions of
HALLANDALE PARK NO. 12, PART 2, according to the plat theroofas rccoded in Plat Book
10, Page 17, portions of HaLL YDALE PARK, according to the plat thereof as recorded in Plat
Book 11, Page 2 and portions of HALL AND ALE PARK NO. 12, according to the plat thereofas
recorded in Plat Book 12, Page 35, the three (3) previous plats being recorded in the Public
Records of Broward County, Florida and being particularly described as follows:
COMMENClNG at the Southeast comer of Section 27, Township 51 South, Range 42 East,
Broward County, Florida;
THENCE South 88001'22" West on the South line of said Secti.on27, a distance of2,093.59 feet
to the POlNr OF BEGINNING;
THENCE continue South 88001 '22" West on said South line of Section 27, a distance of 570.55
feet to the intersection with the East right-of-way line of South Federal Highway (U.S. 1) as
shown on State of Florida Department of Transportation Right-of-Way Maps for State Road 5,
Section 86010-2519, said point located on the arc of a non-tangent curve concave to the West,
whose radius point bears North 79045'42" West;
THENCE ou said East right-of-way line of South Federal Highway (U.S. 1) the following
sixteen courses and distances;
1. Northerly on the arc of said curve having a radius of 3,909.83 feet, through a central
angle of 05016'33", and an arc distance of360.01 feet to a point of non-tangency;
2. South 85002'14" East, a distance of 0.85 feet;
3. North 07051 '26" East, a distance of 99.85 feet to a point on the are of a non-tangent curve
concave to the West, whose radius point bears North 86049'11" West;
4. Northerly on the arc of said curve having a radius of 3,743.00 feet, through a contral
angle of 05000'35", and an arc distance of327.27 feet to a point of tangency;
5. NOrtll 01049'46" West, a distance of32.91 feet;
Prcp31'CclBy:
CALVIN, GIORDANO AND ASSOCIATES.1NC.
1800 ElIt:r Drive, SLli~ 600
FoJ1 u,udQ'l'(\ale. Florida 33316
July 6. 2005
R~i!led ~gll:=;t 3. 2005
Revised September 26, 2005
P:\PTojects\2D04\042824 Gulflltream\sURVEY\Legal Descriptions\Villug~ ut Gulfslte>lm,doc
Sheet 1 of 8 Sheets
APR-28-2006 FRI 01:20 PM
FAX NO,
p, 22
6. South 88010'14" West, a distance of 4.50 feet to a point on the arc ora non-tangent curve
concave to the West, whose radius point bears South 88014'02" West;
7. Northerly on the arc of said curve having a radius of 3,909.83 feet, through a central
angle of 00003'48", an arc distance of 4.32 feet to a point of tangency;
8. North 01 049'46" West, a distance of 1,521.75 feet;
9. North 02003'07" Ea.st, a distance of67.65 feet;
10. North 01049'46" West, a distance of200.25 feet;
11. North 43007'48" East, a distance of38.89 feet;
12. North 01052'33" West, a distance of 106.00 feet;
13. South 88007'27" West, a distance of 10.97 feet;
14. North 66056'55" West, a distance of23.16 feet;
15. North 01050'08" West, a distance of 555.82 feet;
16. North 33052'37" East, a distance of 40.03 feet to the intersection with the South right-of-
way line of Hibiscus Street as shown on THE PROMENADE AT HALLANDALE,
according to the plat thereof as recorded in Plat Book 112, Page 4 of the Public Records
ofBroward County, Florida;
THENCE North 88013'39" East on said South right-of-way line and its Easterly projection, a
distance of 594.33 feet
THENCE South 01046'21" East, a distance oflO.OO feet;
THENCE North 88013'39" East, a distance of 110.41 feet;
THENCE South 01006'17" East, a distance of29.83 feet;
THENCE South 01050'08" East, a distance of 414.60 feet;
THENCE North 88009'52" East, a distance of277.46 feet;
THENCE South 01053'41" East, a distance of 1,205.42 feet to a point on the arc of a non-tangent
curve concave to the Southeast, whose radius point bears South 08025'32" East;
Prepared By:
CAI.VTN, GIORDANO AND ASSOCIATES, TNC.
1800 Eller Drive, Suite 600
l;;(lTllaudc:rdnlc, t-1andn 33316
Jllly 6,2005
Revised August 3. 2005
Rcvisl;d September 26. 2005
P:\PI'ojects\2004\042824 Gulfstream\SURVEY\Legal Dcscripti(\nsWill~~e at QuJt\;tr~um.cloc
Sheet 2 of 8 Sheets
APR-28-2006 FRI 01:20 PM
FAX NO,
p, 23
THENCE Southwesterly on the arc of said curve having a radius of 59. 13 feet, through a central
angle of81 041'52", an arc distance of84.31 feet to a point oftangency;
THENCE South 00"07'24" East, a distance of34.90 feet;
TI-illNCE South 88009'52" West, a distance of 170.01 feet;
THENCE South 01050'08" East, a distance of 226.96 feet to a point on the arc of a non-tangent
curve concave to the East, whose radius point bears South 12"35'36" East;
THENCE Southerly on the arc of said curve having a radius of 116.08 feet, through a central
angle of 158029'04", and an arc distance of321.09 feet to a point of non-tangency;
THENCE South 01050'08" East, a distance of315.49 feet;
THENCE South 88"09'52" West, a distance of 103.71 feet;
THENCE South 43"09'52" West, a distance of 276.44 feet;
THENCE South 01050'08" East, a distance of618.62 feet to the POINT OF BEGINNING;
Said lands lying in the City of Hallandale Beach, Broward County, Florida and containing
2,646,985 square feet (60.7664 acres), more or less.
NOTES:
1. Not valid without the signature and original embossed seal of a Florida licensed
Professional Surveyor and Mapper.
2. Lands described hereon were not abstracted, by the surveyor, for ownership, easements,
rights-of-way or other iustruments that may appear in the Public Records of Broward
COlUlty.
3. Bearings shown hereon are relative to the South line of the SE Y., of Section 27-51-42
having a bearing of South 88001 '22" West.
4. The description contained herein and the attached sketch, do not represent a field
Boundary Survey.
Prepll.Tt:i1 By:
CAT. VIN. G10.RDANO AND ASSOCIATES. INC,
1800 Ellt:r Drive. Suitt: 600
Fon: l.auclcr~alc> Florida 33J 16
July 6. 2005
Rl\ivised AugusL~. ZOOS
Rt:vIst:d St:ptt:mbcr 26, 2005
P:'ProjecLli\2004\042824 Gulfstrcnm\SURVEY\lcg:Jl Pcflc:ri1'llons\Villaee at GulfstrC;;ln1.doc
Sheet 3 of 8 Shcets
APR-28-2006 FRI 01:20 PM
FAX NO,
P. 24
SURVEYOR'S CERTIFICATE:
I HEREBY CERTIFY: that this "SKETCH AND LEGAL DESCRIPTION" ofthe property
shown hereon is true and correct to the best of my knowledge and belief as recently drawn under
my supervision. This sketch and legal description complies with the Minimum Technical
Standards set forth by the Florida State Board of Professional Surveyors and Mappers iu Chapter
61G17-6, 10ri.da Administrativ de pLlrsuant to 472.027 Florida Statutes.
,INC.
'l ~~~
Pt'epllred By:
CALVIN, GIORDANO AND ASSOCIATES.INC.
1 t<<)O Eller Drive, Suit!:: 600
Fort ,Laud~f(lale, F1QridOl 3331.6
jed, 6, 2005
Revised Allgust 3. 2005
Revi9e.d S~embcr 26, 200S
P~\PTDjcc~\2004\042ll:24 Gulfsttean,\SURVG.Y\Lt:gul Dt:SL'Tiptions\Villnge at Gulfstrellm.dClc
Sheet 4 of 8 Sheets
APR-28-2006 FRI 01:20 PM
FAX NO.
p, 25
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
~LLAGE AT GULFSTREAM PARK
EXHIBIT
~
<
n ~;W ~2 5
"
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.
5 "10
.
~
.
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~
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.
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.
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~
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SITE
.
,
8ROW.&. D COUNTY
MIAMI DADE COUNTY
LOCA TION MAP
NO-:- TO S~^I-I!:
INDEX
SHEETS 1-4 - L.EGAL DESCRIPTION AND NOTES
SHEET 5 - L.OCAnON AND KEY MAPS
SHEETS 5-8 - SKETCHES
'0
~'i..'I.
<;'<'-
E
~
'"
"
,;;
~
"
:;:
..
"
..
1
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9-
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~
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..
"
..
~ REVSION
~ , 08-03-2005 MADE CORREC'rIONS
.:; .2 OS-26-200S REVISED aOuNDARy
"
"
~
~
"
...
c
~
~
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$1
'I."
<;-r.c,;
KEY MAP
NOT TO SCALI::
i'SCAJ,..E I:PRMCTNa
GULFSTREAM PARK RACING ASSOCIA]ON, INC. Il. N.T.S. .:: 04.-2824
CITY OF HAlLANOAlE BEACH aROWARO COUNTY FLORIDA :r='=~==~==o._"--~.'==
I . ..1:l,I,1E 1'CAt! n.t
aTY Of AvtNlURA, ~IA~I-OADE COUNTY. FLORIDA I 07/05/20051 sEE LEfT
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~LLAGE AT GULFSTREAM PARK
EXHIBIT
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GO.7664 ACRES
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SOUTH '/4 COIlNER SECTION 27,
TOWNSHIP 51 SOUTH, RANGE: 42
(AST
OWARD cau~TY ?'? "." _
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SECTION :27,
TOWNSt-lIP 51 SOUTH,
RANGE -42 EAST
GULFSTREAM PARK RACING ASSOGIA noN, INC.
CITY Cl' HAU.ANDAlE BEACH, BROWARD COUNTY. FLORIDA
CITY Of AVENl1JRA, ~IA~I-DAOE COUNTY, FLORIDA
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( IN FEET )
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2 8D~,5.6 SQ.FT.
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BCR Cl Broward Count)' RCC(H'd:l
CA = C~ntral AtIgle
t . Cllntsrllne
D :::l Duod
DB Deed aggk
PCR ~ l.liaml-pade County Roccrds
Fa/PC - Field Book and Page
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ID Idcntifil::Cltion
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ORB _ Offk:lol Records Book
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ICIrro~
REVSION
1 08-03-2005 MADE CO~RECTlON5
2 09-25-2005 REVISe:D aOlJNI)AR'r
GULFSIREAM PARK RACING ASSOCIA liON, INC.
C,TY or HALLANDAlI BEACH, BROWARD COUNTY, FLORIDA
CITY OF AVENl\JRA, MIAWI-DADE COUNTY. FLORIDA
:15CAl.E !;PROJ€CTN9
, , "~200.0' 'i 04-2824
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APR-28-200B FRI 01:21 PM
FAX NO,
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
~LLAGE AT GULFSTREAM PARK
EXHIBIT
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LEGEND:
BCR Broward County Records
CA c::: CetI tr(IJ ^n~lc:
rt. '" Centerline
o Deed
OS Oeed l!oClk
OCR '" Mlaml-Dode County Rl!lc::ord$
FB/pG" Field Book and Page
f'PL Florida Power and LIght
10 Iden1il'i~Qlign
I- l-en~th
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ORB "'" Offlclol Records 1300k
P Plot
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PG Page
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P.O,C. '" Point 01 Commenc.ement
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SEe III Seetlol'l.
SO. FT. '" SQuare Feet THE PROMENADE AT tlAU.ANDAL.E
TWP _ Town!lihip pe 112. PG 4, D.C.R.
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GULFSTREAM PARK RACING ASSOCIATION. INC.
CITY OF HAlHNDm BEAll-I. BROWARD COUNTY, n.ORIDA
CITY OF AVENTURA, MIAMI-DADE COUNTY, FLOOIDA
I'''''' I FoflQ..lEC:T'- "IStte:tT
L "~200.0' 04-2824 'I
:1:;;~:~::::'II-~~~7~~:;'-t" ~
Draft April 28, 2006
DEVELOPMENT AGREEMENT
e-
THIS DEVELOPMENT AGREEMENT (hereinafter the "Agreement") is made
and entered into this _ day of , 2006 (the "Effective Date"), by and
between GULFSTREAM PARK RACING ASSOCIATION, INC., a Florida Corporation
(hereinafter, the "Developer"), and the CITY OF A VENTURA, Florida, a Florida
municipal corporation (hereinafter the "City").
WITNESSETH:
WHEREAS, Developer is the Owner of that certain parcels of land located within
the boundaries of the City, the legal descriptions of which is attached hereto and made a
part hereof as Exhibit "A" (the "Property"); and
WHEREAS, the Property is currently zoned as B2 ("Community Business")
under the City's Land Development Regulations, and the Developer and the City
mutually desire that the Property ultimately be developed as permitted in the City's
comprehensive plan and zoning code (the "Project"); and
WHEREAS, the Developer and the City desire to establish certain terms and
conditions relating to the proposed redevelopment of the Property and wish to establish
certainty as to the ultimate development of the Project;
NOW, THEREFORE, in consideration of the conditions, covenants and mutual
promises hereinafter set forth, the Developer and City agree as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby
incorporated herein by reference. All exhibits to this Agreement are hereby deemed a part
hereof.
2. Definitions.
a. "Adjacent Property" the real property, conslstmg of the Commercial
Property and the MO District Property, owned by Developer located
adjacent to the Property and more specifically described on Exhibit "_"
attached hereto and made a part hereof.
b. "Comprehensive Plan" means the plan adopted by the City pursuant to
Chapter 163, Florida Statutes ("F .S."), meeting the requirements of
Section 163.3177, F.S., Section 163.3178, and Section 163.3221(a), F.S.,
which is in effect as of the Effective Date.
c. "Developer" means the person undertaking the development of the
Property, as defined in the preamble to this Agreement, or any successors
or assigns thereof.
Page 1 of 10
Draft April 28, 2006
d. "Development" means the carrying out of any building activity, the
making of any material change in the use or appearance of any structure or
land, or the dividing of land into three or more parcels and such other
activities described in Section 163.3221(4), Florida Statutes (2004).
e. "Development Approval" means the Existing Zoning.
f. "Development Permit" includes any building permit, zoning permit,
subdivision approval, rezoning, certification, special exception, variance,
or any other official action of local government having the effect of
permitting the development of land.
g. "Effective Date" is the latter of the dates of recordation of this instrument
or thirty days after this instrwnent has been received by the state land
planning agency pursuant to Section 163.3239, Fla. Stat.
h. "Existing Zoning" is comprised of City of Aventura Ordinance 99-09, as
amended by Ordinance No. 2006-02, which adopts the effective land
development regulations governing development ofthe Project.
1. "Governing body" means the board of county commissioners of a county,
the commission or council of an incorporated municipality, or any other
chief governing body of a unit of local government.
J. "Gulfstream Park Tract" means the land and improvements lying in
Hallandale Beach, Florida and legally described in Exhibit "_" attached
hereto.
k. "Hallandale Beach DR! Land" means the real property and improvements
(excluding, but adjacent to, the Gulfstream Park Tract) now or hereafter
located on the real property owned by Developer and lying in Hallandale
Beach, Florida, said real property located immediately north of the
Property and legally describes in Exhibit "_" attached hereto.
1. "Land" means the earth, water, and air, above, below, or on the surface
and includes any improvements or structures customarily regarded as land.
m. "Land Development Regulations" means ordinances, rules and policies
enacted or customarily implemented by the City for the regulation of any
aspect of development and includes any local government zoning,
rezoning, subdivision, building construction, or sigu regulation or any
other regulations controlling the development of or construction upon land
in effect as of the Effective Date.
n. "Laws" means all ordinances, resolutions, regulations, comprehensive
plans, land development regulations, and rules adopted by a local
government affecting the development ofland.
Page 2 of 10
Draft April 28, 2006
o. "Local government" means any county or municipality or any special
district or local governmental entity established pursuant to law which
exercises regulatory authority over, and grants development permits for,
land development.
p. "Project" means development permitted pursuant to the Existing Zoning.
q. "Public facilities" means major capital improvements, including, but not
limited to, transportation, sanitary sewer, solid waste, drainage, potable
water, educational, parks and recreational, and health systems and
facilities.
r. "Site Plan" is comprised of a scaled and dimensioned site plan (with
landscaping), elevation and typical floor plan submitted for administrative
approval and reviewed for consistency with the Existing Zoning.
s. "Utility" includes any person, firm, corporation, association or political
subdivision, whether private, municipal, county or cooperative, which is
engaged in the sale, generation, provision or delivery of gas, electricity,
heat, water, oil, sewer service, telephone service, telegraph service, radio
service or telecommunication service.
3. Intent. It is the intent of the Developer and the City that this Agreement
should be construed and implemented so as to effectuate the purposes and intent of the
parties and the purpose and intent of the Florida Local Government Development
Agreement Act, Section 163.3220, F.S., et. al.
4. Effective Date and Duration. This Agreement shall become effective on
the Effective Date. The Agreement shall be recorded in the public records of Miami-
Dade COWlty and shall rW1 with the land and shall be binding on all parties and all
persons claiming under it for a term of ten (10) years from the Effective Date. The term
of this Agreement may be extended, as well as any other change to this Agreement,
including release or partial release, upon execution of an instrwnent by the Developer (or
its assigns, which may include, but not be limited to a Community Development District
and/or a master property owners' association with appropriate authority over the
Property) and with the consent of the, then, owner(s) of a majority of the Property,
provided that such change has been approved by the City after public hearing, pursuant to
Sections 163.3225, and 163.3229, Florida Statutes. The City may apply subsequently
adopted laws and policies to the Property solely pursuant to the procedures of Section
163.3233(2), Florida Statutes.
5. Permitted Development Uses and Building Intensities.
(a) Permitted Development Uses. Prior to the adoption and acceptance
of this Agreement, the City has designated the Property as B2 ("Community
Business") on the official zoning map of the City, pursuant to the City's Land
Development Regulations ("Existing Zoning"). In granting the Existing Zoning,
Page 3 of 10
Draft April 28, 2006
the City has determined that development thereunder is consistent with the City's
Comprehensive Plan and that it is in accordance with the City's land development
regulations in effect as of the Effective Date. Upon execution of this Agreement
and for the duration thereof, the City confirms and agrees that the Property may
be developed and used for the purposes established in the City's Comprehensive
Plan, and Land Development Regulations in effect as of the Effective Date of this
Agreement, or such laws and policies subsequently adopted and applied to the
Property solely pursuant to the procedures of Section 163.3233(2), Florida
Statutes. The City and Developer mutually consent and agree that the additional
limitations and conditions set forth in this Agreement serve as the sole basis upon
which the parties enter into this Agreement.
(b) Density, Building Heights, Setbacks and Intensities. Except as
otherwise provided herein, the maximwn height, setbacks and intensities for any
development on the Property shall be regulated by the Land Development
Regulations in effect as of the Effective Date and the applicable designations in
the City's Comprehensive Plan.
6. Proiect Approval.
a) Further Development Review. The Existing Zoning, the
Land Development Regulations, the Comprehensive Plan, and this
Agreement establish the criteria upon which the Property shall be
developed during the term of this Agreement.
Consistent with the foregoing, prior to the issuance of any building permit
within any portion of the Property, the Developer shall submit a Site Plan
for the building site that includes the proposed building for administrative
site plan approval by the City. Site Plans for individual building sites shall
be designed to conform with the terms and criteria provided in this
Agreement, with the Existing Zoning and other Land Development
Regulations in effect as of the Effective Date. The administrative
approval process shall not prohibit development of any Site Plan so long
as the site development criteria within the development subject to the Site
Plan is in compliance with the Existing Zoning and generally consistent
with the terms contained in this Agreement. Application for
administrative site plan review shall be in accordance with Section 31-79
of the Land Development Regulations. If it is found during the
administrative site plan review that the proposed development does not
comply with the Existing Zoning, the applicant shall either revise the plan
to so comply or request approval of the City Commission as provided in
the Land Development Regulations.
In the event that the City administrator does not approve the Site Plan, the
Developer, owner of the parcel, or their successors and/or assigns maintain
the right and the ability to appeal the administrative decision directly to
the City Commission for the City Commission to determine whether the
Page 4 of 10
Draft April 28, 2006
City administrator erred in its decision to deny the approval of the Site
Plan based on the plan's conformance with this Agreement, the Existing
Zoning and the Land Development Regulations in effect as of the
Effective Date. The City agrees to process any appeal to the City
Commission in accordance with Section 31-83 of the Land Development
Regulations
b) Downzoning. For the duration of this Agreement, the City shall
not downzone or otherwise limit the ability of the Developer to develop
the Property in accordance with the Development Approvals and nothing
shall prohibit the issuance of further development orders and approvals in
conformity with same. However, the City may apply subsequently
adopted laws and policies to the Property, solely pursuant to the
procedures of Section 163.3233(2), Florida Statutes.
7. Public Services and Facilities: Concurrencv. The City and Developer
have established that all public facilities and services which are required to service the
Project, the entities responsible for providing such facilities, the date any new public
facilities, if needed, will be constructed, and a schedule for the construction of such
public facilities are set forth in Exhibit _' For the purposes of concurrency review, it is
hereby found that, throughout the duration of this Agreement, sufficient infrastructure
capacities will be reserved and remain available to serve this Project. All subsequent
development orders or permits sought to be issued which are in conformity with this
Agreement are hereby found to meet concurrency standards set forth in the
Comprehensive Plan as such standards may be amended from time to time (concurrency
regulations) and to be consistent with Land Development Regulations, so long as the
Developer develops the Property in general compliance with the terms and conditions
contained within the Existing Zoning and this Agreement.
8. Reservation or Dedication of Land. Except as otherwise provided below
and pursuant to applicable subdivision regulations, the Developer shall not be required to
dedicate or reserve any land within the Property for municipal purposes.
(a) Public Park. The City and the Developer have entered into a
Amended and Restated Purchase and Sale Agreement dated _, 2006
(the "Purchase and Sale Agreement"), which agreement contemplates the
acquisition by the City of certain additional lands owned by the
Developer.
9. Local Development Permits. The development of the Property in
accordance with the Existing Zoning is contemplated by the Developer. The City may
need to approve certain additional development permits in order for the Developer to
complete the Project in a manner consistent with the Development Approvals and the
Land Development Regulations in effect as of the Effective Date and Comprehensive
Plan designations affecting the Property, such as:
(a) Site Plan approvals;
Page 5 of 10
Draft April 28, 2006
(b) Land Improvement Permits
(c) Subdivision plat and or waiver of plat approvals;
(d) Water, sewer, paving and drainage permits;
(e) Covenant or Unity of Title acceptance or the release of existing
unities or covenants;
(f) Building permits;
(g) Certificates of use and/or occupancy; and
(h) Any other official action of the City and/or Miami-Dade County,
Florida, having the effect of permitting the development of land.
10. Consistencv with Comprehensive Plan. The City hereby finds that the
development of the Property in conformity with the Existing Zoning is consistent with
the City's Land Development Regulations and Comprehensive Plan designation as of the
Effective Date and shall not be subject to any future changes to the City's Land
Development Regulations and Comprehensive Plan designation after the Effective Date;
provided, however, the City may apply subsequently adopted laws and policies to the
Property solely pursuant to the procedures of Section 163.3233(2), Florida Statutes..
11. Necessitv of Complving with Local Regulations Relative to Development
Permits. The Developer and the City agree that the failure of this Agreement to address a
particular permit, condition, fee, term or restriction in effect on the Effective Date of this
Agreement shall not relieve Developer of the necessity of complying with the regulation
governing said permitting requirements, conditions, fees, terms or restrictions as long as
compliance with said regulation and requirements do not require the Developer to
develop the Property in a manner that is inconsistent with the Development Approvals.
12. Impact Fees.
The impact fees that are in effect as of the effective date of this Agreement and
which would apply to the development of the Project, together with the Circulatory
Shuttle Bus System hnpact Fee described in the 2005 Evaluation and Appraisal Report to
the City's Comprehensive Plan, are specifically provided in Exhibit _' It is agreed
and understood by the parties that no other impact fees other than those listed will apply
to the development of the Project. No new impact fees or increases to the fees in
existence as of the Effective Date, apart from the Circulatory Shuttle Bus System Impact
Fee, shall be adopted by the City or otherwise be applied to the development of the
Project during the duration of this Agreement. The City and Developer shall coordinate
their efforts to derive the maximum benefit of any impact fee payments in favor of the
Project and the City.
13. Reservation of Development Ricl1ts. For the term of this Agreement, the
City hereby agrees that it shall permit the development of the Project in accordance with
the City's Land Development Regulations, the City's Comprehensive Plan, and existing
laws and policies as of the Effective Date of this Agreement which are or may be
applicable to the Property, subject to the conditions of this Agreement. However, nothing
herein shall prohibit an increase in developmental density or intensity within the Project
in a manner consistent with the City's Comprehensive Plan and Land Development
Page 6 of 10
Draft April 28, 2006
Regulations, or any change requested or initiated by the Developer in accordance with
applicable provisions of law. Moreover, the City may apply subsequently adopted laws
and policies to the Property solely pursuant to the procedures of Section 163.3233(2),
Florida Statutes.
The expiration or termination of this Agreement, for whatever reason,
shall not be considered a waiver of, or limitation upon, the rights, including, but not
limited to, any claims of vested rights or equitable estoppel, obtained or held by the
Developer or its successors or assigns to continue development of the Project in
conformity with the Development Approvals and all prior and subsequent development
permits or development orders granted by the City, including, but not limited to, those
rights granted under the City's Comprehensive Plan and land development regulations.
14. Conditions. Terms or Restrictions Deemed Necessarv bv Local
Goverrunent for Public Health. Safetv and Welfare. Vehicular access (other than as may
be required by goverrunent for emergency vehicles) to and from Developer's Hallandale
Beach DRI Lands and the Gulfstream Park Tract to N.E. 213th Street on and after the date
the first temporary certificate of occupancy is issued for a residential building constructed
on the Adjacent Property shall be prohibited, provided. however. that until such access is
permanently prohibited as set forth above, vehicular access to the Gulfstream Park Tract
from N.E. 213th Street shall be permitted on an interim basis subject to the following
restrictions: (i) access by the public shall be restricted to weekends and holidays on which
horse racing events are scheduled at Gulfstream Park, (ii) after the execution of a
mutually acceptable construction phasing plan, access on all other days shall be restricted
to construction vehicles, provided that such access shall be permitted only until such time
as construction of the renovation and expansion of the improvements to the Clubhouse
and the Slot Facility Building now or hereafter located on the Gulfstream Park Tract is
completed, and (iii) at no time shall vehicular access from N.E. 213th Street to
Developer's Hallandale Beach DRI Land be permitted for any purpose (other than as may
be required by the government for emergency access).
15. Binding Effect. The obligations imposed pursuant to this Agreement upon
the Developer and upon the Property shall run with and bind the Property as covenants
running with the Property, and this Agreement shall be binding upon and enforceable by
and against the parties hereto, their personal representatives, heirs, successors, grantees
and assigrrs, and a copy of this Agreement shall be recorded in the Public Records of
Miami-Dade County, Florida, at the sole cost and expense of the Developer upon
execution of this Agreement.
16. Governing Laws. This Agreement shall be governed and construed in
accordance with the laws of the State of Florida. The Developer and the City agree that
Miami-Dade County, Florida is the appropriate venue in connection with any litigation
between the parties with respect to this Agreement.
17. Entire Agreement. This Agreement sets forth the entire Agreement and
understanding between the parties hereto relating in any way to the subject matter
Page 7 of 10
Draft April 28, 2006
contained herein and merges all prior discussions between the Developer and the City.
Neither party shall be bound by any agreement, condition, warranly or representation
other than as expressly stated in this Agreement and this Agreement may not be amended
or modified except by written instrument signed by both parties hereto.
18. Cancellation and Enforcement. In the event that the Developer, its
successors and/or assigns fails to act in accordance with the terms ofthe Existing Zoning,
the City shall seek enforcement of said violation upon the Property.
Enforcement of this Agreement shall be by action against any parties or person
violating, or attempting to violate, any covenants set forth in this Agreement. The
prevailing party in any action or suit pertaining to or arising out of this Agreement shall
be entitled to recover, in addition to costs and disbursements allowed by law, such sum as
the Court may adjudge to be reasonable for the services of his/her/its attorney. This
enforcement provision shall be in addition to any other remedies available at law, in
equity or both.
[Signature Page Follows]
Page 8 of 10
Draft April 28, 2006
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
day and year first above written.
CITY:
ATTEST:
CITY OF A VENTURA, FLORIDA
By:
City Clerk
day of
,2005
Approved as to form and legality
By office of City Attorney for
, City of Aventura, Florida
Page 9 of 10
Draft April 28, 2006
DEVELOPER:
WITNESSES:
GULF STREAM PARK RACING
ASSOCIA nON, INC., a Florida corporation
By:
Name:
Title:
Signature
Print Name
Signature
Print Name
STATE OF FLORIDA
)
)
)
SS.
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this _ day of
, 2006, by , as of Gulfstream Park
Racing Association, Inc., a Florida corporation, on behalf of the corporation. S/he is
personally known to me or has produced as
identification, and acknowledged that s/he did execute this instrument freely and
voluntarily for the purposes stated herein.
My Commission Expires:
Notary Public, State of Florida
Print Name
# 3563607_ v4
Page 10oflO
r
This instrument
Prepared by and, following
recording will return to:
Janice L. Russell, Esq.
28'h floor
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (this "Agreement") is made this day of
, 2006, by and between the CITY OF A VENTURA, a Florida municipal
corporation ("Grantor"), and GULF STREAM PARK RACING ASSOCIA nON, INC., a Florida
corporation ("Grantee").
(WHEREVER USED HEREIN, THE TERMS "GRANTOR" AND "GRANTEE' INCLUDE ALL
OF THE PARTIES TO THIS INSTRUMENT AND THE HEIRS, LEGAL REPRESENTATIVES
AND ASSIGNS OF INDIVIDUALS AND THE SUCCESSORS AND ASSIGNS OF
CORPORATIONS OR OTHER ENTITIES.)
WIT N E SSE T H:
WHEREAS, simultaneously with the execution and delivery of this Agreement, Grantee
has conveyed to Grantor that certain real property located in Miami-Dade County, Florida, as
more particularly described on Exhibit "A" attached hereto and made a part hereof (the "New
Park Property");
WHEREAS, Grantee is the owner of that certain real property located in Miami-Dade
County, Florida, as more particularly described on Exhibit "B" attached hereto and made a part
hereof (the "Grantee Property");
WHEREAS, Grantee desires certain easements over the New Park Property for the
benefit of the Grantee Property, all as more particularly set forth below; and
WHEREAS, Grantor has agreed to grant the aforesaid easements to Grantee upon the
terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the sum of TEN AND 001100 DOLLARS
($10.00) and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto, intending to be legally bound, do hereby agree as
follows:
1. Recitations; Certain Definitions. The foregoing recitations are true and correct
and are incorporated herein by this reference. As used herein, the following terms shall have the
following meanings:
(a) "Drainage Easement Area" will mean those certain portions of the New
Park Property more particularly described on Exhibit "C" attached hereto and made a part hereof
that, from time to time, contain Drainage Facilities, including any relocation of Drainage
Facilities.
{M2365219;4}
(b) "Drainage Facilities" will mean any swale, ex filtration trenches, inlets,
outfalls, drainage pipes or other systems facilitating on-site or off-site surface and underground
water drainage now or hereafter located within the New Park Property, including any relocation
or reconfiguring of the same; provided "Drainage Facilities" shall specifically exclude retention
areas.
(c) "Easement Area" will mean, collectively, the Drainage Easement Area and
Utility Easement Area.
(d) "Legal Requirements" will mean any and all applicable federal, state,
county and municipal laws, ordinances, regulations, codes, rules or orders including without
limitation, requirements relating to minimum environmental protection, land use, and zoning
laws and regulations.
(e) "Utilitv Easement Area" will mean that certain portion of the New Park
Property more particularly described on Exhibit "D" attached hereto and made a part hereof.
2. Grant of Easement. Grantor hereby grants and conveys to and establishes for the
benefit of Grantee and its successors and assigns and for the benefit of the Grantee Property the
following easements upon, over and through the New Park Property:
(a) Drainage. A non-exclusive, perpetual easement for the drainage and
flowage of surface and underground stormwater runoff originating from any portion of the
Grantee Property over, on, under, through and across the Drainage Easement Area as now
existing or hereafter located and a non-exclusive, perpetual easement for the purpose of
construction, installation, operation, maintenance, connection, repair, relocation and removal of
Drainage Facilities over the Drainage Easement Area, provided, however the easements granted
pursuant to this Section 2(a) shall not umeasonably interfere with or otherwise umeasonably
restrict the use of the New Park Property as a public park and for all purposes accessory and
incidental thereto and provided, further, that this easement shall not permit any substantial
increase in the amount of surface and underground stormwater runoff draining, retaining or
detaining in the Drainage Easement Area from that currently existing or permitted by Legal
Requirements. In the event that it is specifically required under an established policy of general
applicability pursuant to any comprehensive plan adopted pursuant to Chapter 163, Florida
Statutes, local governmental ordinance or resolution, state statute or by adopted rule of any
regional or state regulatory agency that the Drainage Facilities, as now existing or hereafter
located, provide surface water drainage capacity or service for any or all of those certain
properties located in Broward County, Florida adjoining the Grantee Property which properties
are now owned by Grantee (the "Other Properties"), then, in such event, the easement rights
granted in this Section 2(a) shall further benefit the Other Properties any provision herein to the
contrary notwithstanding. Notwithstanding any provision in this Agreement to the contrary,
Grantor shall have the right, at Grantor's cost, to relocate the Drainage Facilities to such other
locations in the New Park Property, so long as (i) Grantor completes such relocation
expeditiously and in compliance with applicable Legal Requirements and (ii) the relocated
Drainage Facilities continue to provide equivalent or greater function and capacity; provided
that. Grantor, at Grantor's sole cost and with the cooperation of Grantee, shall first obtain any
governmental permits and approvals necessary to so relocate the Drainage Facilities. Grantor
{M2365219;4}
2
agrees to furnish copies of the plans for its improvements to the New Park Property to Grantee
within a reasonable period of time prior to commencement of construction and to cooperate with
Grantee in making changes to such plans as may be reasonably requested by Grantee in order to
better accommodate the Drainage Facilities so long as such changes do not umeasonably
interfere with Grantor's development and use of the New Park Property for its intended purpose
and Grantee agrees to pay the additional cost, if any, caused by its requested changes; and
(b) Utilities. A non-exclusive, perpetual easement for the purpose of
construction, installation, operation, maintenance, connection, repair, relocation and removal of
water and sewer, electricity, telephone, natural gas and telecommunication cables and facilities
(the "Utilities"), over, on, upon, across, under and through the Utility Easement Area.
3. Infrastructure Work. In the event that Grantee exercises its rights granted
hereunder for any construction, installation, operation, maintenance, repair or replacement of
improvements and facilities on the Easement Area for the use and benefit of the Easement Area
for the purposes herein provided (such improvements and facilities being referred to herein as the
"Infrastructure" and such construction, installation, operation, maintenance, repair or
replacement of the Infrastructure being referred to herein as the "Infrastructure Work"), then the
Infrastructure Work shall be subject to the following conditions:
(a) Cost. The costs of any Infrastructure Work shall be borne solely and
exclusively by the Grantee;
(b) Compliance. All Infrastructure Work shall be performed in compliance
with Legal Requirements;
(c) No Interference. No Infrastructure Work shall umeasonably interfere with
or otherwise umeasonably restrict the use of the New Park Property as a public park and for all
purposes accessory and incidental thereto including, but not limited to, docks accessory or
incidental to the New Park Property's use as a public park;
(d) Restoration. Upon completion of any Infrastructure Work or portions
thereof and sooner if reasonably practicable, the Grantee shall, at its sole cost and expense,
repair, restore, and/or replace, as applicable, those portions of the New Park Property and any
improvements thereon affected by said work to no less than their condition and appearance prior
to said work; and
(e) Liens. Grantee hereby represents, warrants and covenants to the Grantor
that the New Park Property shall be at all times free and clear of all liens, claims and
encumbrances created by or through Grantee in connection with the Infrastructure Work. If any
lien or notice of lien shall be filed against the fee simple title of the New Park Property created
by or through Grantee, the Grantee shall promptly cause the same to be discharged of record by
payment, deposit, bond, or order of a court of competent jurisdiction.
4. Term of Easement. The easements described herein shall commence on the date
hereof and shall be for a perpetual term.
{M2365219;4}
3
5. Maintenance. Grantee shall, at its expense, maintain the Easement Area and any
and all Infrastructure Work constructed thereon in good condition and state of repair and in
accordance with all Legal Requirements. Grantee shall be solely responsible for and promptly
perform at its cost and expense all repairs, replacements or restoration related to damages to the
New Park Property caused by the acts or omissions of Grantee, its employees, agents,
contractors, and invitees.
6. Indemnitv. To the maximum extent permitted under applicable law, Grantee
hereby agrees to indemnify, defend (through attorneys reasonably acceptable to Grantor) and
hold harmless Grantor its elected officials, employees, agents, successors and assigns from and
against any and all claims, damages, losses, liabilities, costs and expenses (including reasonable
attorneys' fees actually incurred) which may at any time hereafter be asserted against or suffered
by Grantee arising out of or resulting from any and all liability relating in any way to Grantee's
exercise of its rights hereunder including, but not limited to, the performance of any
Infrastructure Work performed by Grantee its employees, agents, contractors, and invitees,
except only to the extent caused by Grantor, its employees, agents, contractors or invitees.
7. Enforcement. In the event of a breach of any of the covenants or agreements set
forth in this Agreement, the parties shall be entitled to any and all remedies available at law or in
equity, including, but not limited to, the equitable remedies of specific performance or
mandatory or prohibitory injunction issued by a court of appropriate jurisdiction. The parties
hereto agree that in the event it becomes necessary for Grantor or Grantee to defend or institute
legal proceedings as a result of the failure of the other party to comply with the terms, covenants,
agreements and/or conditions of this Agreement, it is understood and agreed that the prevailing
party in such litigation shall be entitled to be reimbursed from the defaulting party for all costs
incurred or expended in connection therewith, including, but not limited to, reasonable attorneys'
fees (including appellate fees) and court costs.
8. Binding Effect. The covenants contained in this Agreement are not personal, but
shall run with the land and shall be binding upon and inure to the benefit of the parties hereto and
their respective heirs, personal representatives, successors and assigns.
9. Appurtenant Easement. The Grantee Property is adjacent to the New Park
Property, and the easements herein granted are for the benefit of the Grantee Property and
therefore are appurtenant thereto and shall run with the land.
10. Amendment. This Agreement may not be modified, amended or terminated
without the prior written approval of the then owners of the land who are benefited or burdened
by the provisions of any amendment to this Agreement.
11. Waiver. No waiver of any of the provisions of this Agreement shall be effective
unless it is in writing, signed by the party against whom it is asserted, and any such written
waiver shall only be applicable to the specific instance to which it relates and shall not be
deemed to be a continuing or future waiver.
{M2365219;4}
4
12. Captions. The captions and paragraph headings contained in this Agreement are
for convenience and reference only and in no way define, describe, extend or limit the scope or
intent of this Agreement, nor the intent of any provision hereof.
13. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed to be an original, but all of which, when taken together, shall constitute
one and the same Agreement.
14. Notices. Any and all notices authorized or required hereunder shall be in writing
and shall be deemed to have been duly given when delivered by hand or three (3) business days
after deposit in the United States mail, by certified or registered mail, return receipt requested,
postage prepaid, and addressed as follows, or to such other address as either party shall from
time to time designate to the other in writing, or, in the absence of such designation (e.g., a new
owner who fails to notify the other parties), to the person and address shown on the then current
real property tax rolls of Miami-Dade County, Florida, to wit:
If Grantor:
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
Attention: Eric M. Soroka, City Manager
With a copy to:
City of Aventura
19200 West Country Club Drive
A ventura, Florida 33180
Attention: City Attorney
If to Grantee:
Gulfstream Park Racing Association, Inc.
901 South Federal Highway
Hallandale, Florida 33009
Attention: Scott Savin, President
With a copy to:
Magna Entertainment Corp.
285 West Huntington Drive
Arcadia, California 91007
Attn: Scott Daruty, Esq.
15. Severabilitv. In the event any term or provision of this Agreement is determined
by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given
its nearest legal meaning or be construed as deleted as such authority determines, and the
remainder of this Agreement shall be construed in full force and effect.
16. Entire Agreement. This Agreement constitutes the entire Agreement between the
parties with respect to the subject matter hereof and supersedes all prior agreements,
understandings and arrangements both oral and written, between the parties with respect thereto.
17. Associations. Grantee shall have the right to assign its interest in this Agreement,
whether in whole or in part, to a property owners association or associations which may, from
time to time, be established for the governance of all or any portion or portions of the Grantee
{M2365219;4}
5
Property (individually, an "Association" and, collectively, the "Associations") and thereby be
released from any further obligations hereunder, provided that any such assignment is
accomplished by a duly authorized instrument executed by Grantor, properly witnessed and
acknowledged, and recorded in the Public Records of Miami-Dade County, Florida, and
provided further that such Association and/or Associations, as applicable, assumes, in writing,
the obligations of Grantee hereunder.
18. Insurance.
(a) Prior to Grantee's entry onto any Easement Area or prior to
commencement of any Infrastructure Work, Grantee shall be required to obtain and maintain the
following insurance with respect to such Easement Area. Grantee shall carry and maintain, at its
own cost and expense, the following insurance: (i) if applicable, "All Risk" property insurance
for the seawall for the full replacement cost of the seawall; (ii) commercial general liability
insurance with a minimum limit of liability of $5,000,000 combined single limit for bodily injury
or death/property damage arising out of anyone occurrence; (iii) Workers' Compensation
Insurance as required by law; and (iv) automobile liability insurance covering all owned, hired,
and non-owned vehicles in use by Grantee, its employees and agents with minimum limits of
$2,000,000 combined single limit for bodily injury or death/property damage arising out of any
one occurrence.
(b) Grantee will name the Grantor as an additional insured under its
commercial general liability policy and automobile liability insurance policy required to be
obtained. Grantee will require its insurance company to give at least thirty (30) days prior written
notice of termination, cancellation, non-renewal, or material alteration of the policy to the
additional insured, except for termination or cancellation for non-payment of premium, which
notice will be ten ( 10) days.
(c) Certificates of insurance for each insurance policy required to be obtained
by Grantee in compliance with this Section 18, along with written evidence of payment of
required premiums shall be filed and maintained with Grantor upon execution of this Agreement
by Grantee and annually during the term of the Agreement. Grantee shall immediately advise
Grantor of any claim or litigation that may result in liability to Grantor.
(d) All insurance required to be obtained shall be effected under valid and
enforceable policies, insured by insurers licensed to do business by the State of Florida and shall
he rated A + or better by A.M. Best Company.
( e) Grantee shall require that each and everyone of its contractors and their
subcontractors who perform work on the Property to carry, in full force and effect, workers'
compensation, comprehensive public liability and automobile liability insurance coverages of the
type which Grantee is required to obtain under the terms of .this Section 18 with appropriate
limits of insurance.
(f) The foregoing insurance requirements shall not relieve or limit the liability
of Grantee. Grantor does not in any way represent that the types and amounts of insurance
required hereunder are sufficient or adequate to protect Grantee's interest or liabilities, hut are
{M2365219;4}
6
merely minimum requirements established by the Grantor. Grantor reserves the right to require
any other reasonable insurance coverages that Grantor deems reasonably necessary depending
upon the risk of loss and exposure to liability in the context of Grantee's use of the Easement
Areas pursuant to this Agreement. Grantee agrees to indemnify and save harmless Grantor from
and against the payment of any deductible and from the payment of any premium on any
insurance policy required to be furnished by this Agreement.
(g) Once every five (5) years during the term of this Agreement, Grantor may
review the insurance coverages to be carried by Grantee. If Grantor determines that higher limits
of coverage are necessary to protect the interests of Grantor, Grantee shall be so notified and
shall obtain the additional limits of insurance, at its sole cost and expense.
19. No Waiver of Police Power. Grantor cannot, and hereby specifically does not,
waive or relinquish any of its regulatory approval or enforcement rights and obligations as it may
relate to regulations of general applicability which may govern Grantee's Property, the
Infrastructure Work, the Easement Areas and any other exercise of Grantee of its rights
hereunder. Nothing in this Agreement shall be deemed to create an affirmative duty of Grantor to
abrogate its sovereign right to exercise its police powers and governmental powers by approving
or disapproving or taking any other action in accordance with its zoning and land use codes,
administrative codes, ordinances, rules and regulations, federal laws and regulations, state laws
and regulations, and grant agreements. In addition, nothing herein shall be considered zoning by
contract.
20. As-Is. Grantee accepts the Easement Areas in the condition existing as of the date
of execution of this Agreement. Grantor makes no representation or warranty with respect to the
condition of the Easement Areas and Grantor shall not be liable for any latent or patent defect in
the Easement Areas. Grantor shall not at any time be liable for injury or damage occurring to any
person or property from any cause whatsoever arising out of Grantee's exercise of its rights
hereunder, except and only to the extent caused by Grantor, its employees, agents, contractors or
invitees.
21. Third Partv Beneficiaries. Neither Grantor nor Grantee intend to directly or
substantially benefit a third party by this Agreement. Therefore, the parties agree that there are
no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a
claim against either of them based upon this Agreement.
22. No Waiver of Sovereign Immunitv. The Landlord does not waive any rights of
sovereign immunity that it has under applicable law.
23. GOVERNING LAW. WAIVER OF JURY TRIAL. THIS AGREEMENT
SHALL BE INTERPRETED AND CONSTRUED IN ACCORDANCE WITH AND
GOVERNED BY THE LAWS OF THE STATE OF FLORIDA APPLICABLE TO
CONTRACTS MADE AND TO BE PERFORMED ENTIRELY IN THE STATE. THE
PARTIES AGREE THAT VENUE FOR AND LEGAL ACTION INSTITUTED IN
CONNECTION WITH THIS AGREEMENT SHALL BE IN MIAMI-DADE COUNTY,
FLORIDA. THE PARTIES HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY
{M2365219;4}
7
MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR
ARISING our OF THIS AGREEMENT.
24. Rights Reserved. The easement rights granted herein are non-exclusive in nature
and are subject to all matters of record without reimposing same. Grantor shall have the right to
use, and construct improvements in, the Easement Area for public park purposes and for all
purposes accessory and incidental thereto including, but not limited to, docks accessory or
incidental to the Easement Area's use as a public park. The Grantor is the Owner of the'
Easement Area. has full power and authority to grant the easements herein granted and Grantee
shall enjoy the use of the easements for the purposes set forth herein.
[signatures of parties follow on next page]
{M2365219;4}
8
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this_
day of , 2006.
Witnesses:
GRANTEE:
GULFSTREAM PARK RACING
ASSOCIATION, INC., a Florida
corporation
By:
Name:
Title:
Print Name:
,2006
Print Name:
Date:
GRANTOR:
Attest:
CITY OF A VENTURA, a Florida
municipal corporation
By:
Teresa M. Soroka, CMC City Clerk Eric M. Soroka
City Manager
Date: , 2006
Approved as to legal form and sufficiency:
By:
City Attorney
STATE OF
)
)SS:
)
COUNTY OF
The foregoing instrument was acknowledged before me this ~ day of
, 2006 by Eric M. Soroka as City Manager of CITY OF A VENTURA, a
Florida municipal corporation. He/she/they personally appeared before me, is/are personally
known to me or produced as identification.
[NOTARY SEAL)
Notary:
Print Name:
Notary Public, State of
My commission expires:
{M2365219;4}
9
STATE OF
)
)ss:
)
COUNTY OF
The foregoing instrument was acknowledged before me this ~ day of
, 2006 by as of GULFSTREAM PARK
RACING ASSOCIATION, INC., a Florida corporation. He/she/they personally appeared before
me, is/are personally known to me or produced as
identification.
[NOTARY SEAL)
Notary:
Print Name:
Notary Public, State of
My commission expires:
{M2365219;4}
10
;r.
This Instrument prepared by
and should be returned to:
Janice L. Russell, Esq.
Akerman Senterfitt
28th floor
One SE Third Avenue
Miami, Florida 33131
ParcellD No.:
DECLARATION OF COVENANT
THIS DECLARATION OF COVENANT (this "Declaration"), made this _ day
,200_, by GULFSTREAM PARK RACING ASSOCIATION, INC., a
of
Florida corporation, with its main business office at 901 South Federal Highway,
Hallandale, Florida 33009 ("Declarant"), for the benefit of the CITY OF A VENTURA, a
municipal corporation chartered in accordance with the laws of the State of Florida, with
its offices at 19200 West Country Club Drive Aventura, Florida 33180, recites and
provides as follows:
WITNESSETH:
WHEREAS, Gulfstream is the owner of certain real property in the City of
Aventura, Miami-Dade County, Florida, as described in Exhibit "A" attached hereto
and made a part hereof (the "Gulfstream Aventura Property"); and
WHEREAS, Gulfstream has sold and conveyed to the City of Aventura of even
date herewith certain lands located adjacent to the Gulfstream Aventura Property to be
developed and used as a public park, as described in Exhibit "8" attached hereto and
made a part hereof (the "Park Lands"); and
WHEREAS, Gulfstream is the owner of the real property lying north of the
Gulfstream Aventura Property in the City of Hallandale Beach, Florida and described in
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"'-.._.~._'
Exhibit ue" attached hereto and made a part (the "Gulfstream Park Parcel"), which is
operated as a horse racing track with pari mutuel betting facilities, grandstands, barns,
and related ancillary improvements;
WHEREAS, Gulfstream owns the real property lying immediately adjacent to the
Gulfstream Park Parcel described in Exhibit "0" attached hereto and made a part
hereof (the "Hallandale Beach DRI Land"), which Gulfstream intends to development as
a mixed used retail, commercial and residential project.
WHEREAS, as part of the purchase and sale agreement entered into between
Gulfstream and the City of Aventura with respect to the Park Lands, Gulfstream has
agreed to execute and record this Declaration in the public records of Miami-Dade
County, Florida in order to permanently prohibit vehicular access (other than as may be
required by government for emergency vehicles) to and from Hallandale Beach DRI
Lands and the Gulfstream Park Parcel over, across and upon the Gulfstream Aventura
Property to N.E. 213th Street as hereinafter set forth; and
WHEREAS, Declarant intends that the City of Aventura be a direct, third-party
beneficiary to this Declaration; and
NOW, THEREFORE, in consideration of the declarations herein made and in
consideration of TEN DOLLARS ($10.00) in hand paid, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the
Declarant hereby subjects its interest in the Gulfstream Aventura Property to the
following:
1. Incorporation of Recitals: The foregoing recitals are incorporated herein
by reference and made a part hereof.
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2. Vehicular Access Prohibition. Gulfstream hereby declares that vehicular
access (other than as may be required by government for emergency vehicles) from
N.E. 213th Street over, across and upon the Gulfstream Aventura Property to and from
the Hallandale Beach DRI Lands and the Gulfstream Park Parcel shall be permanently
prohibited on and after the date the first temporary certificate of occupancy is issued for
a residential building constructed on the Gulfstream Aventura Property, provided,
however, that until such access is permanently prohibited as set forth above, vehicular
access to the Gulfstream Park Parcel from N.E. 213th Street shall be permitted on an
interim basis subject to the following restrictions: (i) access by the public shall be
restricted to weekends and holidays on which horse racing events are scheduled at
Gulfstream Park, (ii) after the execution of a mutually acceptable construction phasing
plan, access on all other days shall be restricted to construction vehicles, provided that
such access shall be permitted only until such time as the construction of the
renovation and expansion of the improvements to the Clubhouse and and the Slot
Facilitiy Building now or hereafter located on the Gulfstream Park Parcel is completed,
and (iii) at no time shall vehicular access from N.E. 213th Street to the Hallandale Beach
DRI Land be permitted for any purpose (other than as may be required by the
government for emergency access).
3. Covenant Runnina with the Land: This Declaration shall constitute a
covenant running with the land on the Gulfstream Aventura Property and shall be
binding upon the successors-in-interest and assigns of the Declarant with respect to any
portion of the Gulfstream Aventura Property.
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4. Modification. Amendment. Release: This Declaration may only be
modified, amended or released by a recordable instrument executed by the then-current
owners of the Gulfstream Aventura Property (or, with respect to any portion of the
Property that is submitted to the condominium form of ownership, the condominium
association administering the affairs of such condominium) with the consent of the City
Manager of the City of Aventura following approval by the City Commission through
Resolution.
5. Severability: Invalidation of anyone or more of the covenants, restrictions
or provisions of this Declaration by judgment or court order shall in no manner affect
any other covenant, restriction or provision thereof, and such other covenants,
restrictions and provisions are hereby declared to be severable and shall remain in full
force and effect.
6. Recordina. This Declaration of Covenant shall be recorded at Declarant's
expense in the Official Records of Miami Dade County, Florida within ten (10) days from
the date of execution hereof.
7. City's Riaht to Inspect Property. Declarant hereby acknowledges and
agrees that any official City inspector or duly authorized agent of the City has the right
to enter upon and inspect the use of the Gulfstream Aventura Property at any time
during normal working hours to determine whether or not Declarant is in compliance
with the conditions of this Declaration.
8. Term. This Declaration shall be binding on Declarant and all subsequent
owners of the Gulfstream Aventura Property for a period of thirty (30) years from the
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date this Declaration is recorded, after which time the Declaration shall be extended
automatically for successive periods of ten (10) years each.
9. Enforcement. This Declaration may be enforced by the City against the
Declarant and any party or person violating, or attempting to violate, any of the
covenants and restrictions contained herein. The City shall be entitled to revoke
permits, and pursue all code enforcement remedies against the Declarant and the
Gulfstream Aventura Property, including the filing of a notice of violation on the
Gulfstream Aventura Property and fines. The prevailing party in any action or suit
pertaining to or arising out of this Declaration shall be entitled to recover, in addition to
costs and disbursements allowed by law, reasonable attorneys' fees and costs as well
as attorneys' fees and cost incurred in enforcing this prevailing parties attorneys' fees
provision. This enforcement provision shall be in addition to any other remedies
available at law or in equity.
10. Authorization for Citv to Withhold Permits and Inspections. If the terms of
this Declaration are not being complied with, in addition to any other remedies available
at law or in equity, the City is hereby authorized to withhold any permits regarding the
Gulfstream Aventura Property or any portion thereof, and to refuse to make any
inspections or grant any approvals for the Gulfstream Aventura Property or any portion
thereof, until such time as the Declarant is in compliance with the covenants of this
Declaration.
11. Election of Remedies. All rights, remedies and privileges granted herein
shall be deemed to be cumulative and the exercise of anyone or more shall neither be
deemed to constitute an election of remedies, nor shall it preclude the party exercising
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..~......-
the same from exercising such other additional rights. remedies or privileges. Declarant
or City shall be entitled to pursue all actions at law or in equity including, but not limited
to, injunctive relief.
[Intentionally short page; signatures only appear on following page]
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IN WITNESS WHEREOF. this instrument is executed on the day and year first
above written.
WITNESSES:
DECLARANT:
Signed, sealed and delivered
in the presence of:
Name Signed
Gulfstream Park Racing Association, Inc.,
a Florida corporation
Name Printed
By:
Name:
Title:
Name Signed
Name Printed
State of
)
)
)
County of
BEFORE ME, the undersigned authority, this _ day of
2006, personally appeared as
, on behalf of Gulfstream Park Racing Association, Inc., a Florida
corporation, who is personally known to me and who executed the within Instrument in
his/her capacity as such.
(Notary Seal)
Notary Public, State of
My Commission Expires:
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- --..' .~ .
EXHIBIT "A"
GULFSTREAM AVENTURA PROPERTY
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EXHIBIT "B"
PARK LANDS
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EXHIBIT "C"
GULFSTREAM PARK PARCEL
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EXHIBIT "0"
HALLANOALE BEACH ORI LAND
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s
This instrument prepared by:
Record and return to:
Janice L. Russell
Akerman Senterfitt
28'h floor
One SE Third A venue
Miami, FL 33131
Tax Folio Identification Number:
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED is made and executed this _ day of
,2006, by GULF STREAM PARK RACING ASSOCIATION, INC., a Florida
corporation, (the "Grantor"), whose mailing address is 901 South Federal Highway, Hallandale,
Florida 33309 to the CITY OF A VENTURA, a Florida municipal corporation (the "Grantee"),
whose mailing address is 2999N.E. 19lstSt., Suite 500, Aventura, Florida 33180.
WI TNE S SE T H:
That Grantor, for and in consideration of the sum of Ten and No/IOO Dollars ($10.00)
and other good and valuable consideration, the receipt whereof is hereby acknowledged, does
hereby giant, bargain, sell; alien, remise, release, convey and confirm' unto Grantee the real
property (the "Property") located in Miami-Dade County, Florida, and more particularly
described as:
SEE EXHIBIT "A" ATTACHED HERETO.
SUBJECT TO:
I. All restrictions, reservations, easements, covenants, agreements, limitations and
other matters appearing of record, provided the foregoing shall not act to
reimpose same;
2. The lien of all ad valorem real estate taxes and assessments subsequent to the date
hereof and subsequent years
3. All laws, ordinances, and governmental regulations, including, but not limited to,
all applicable building, zoning, land use and environmental ordinances and
regulations; and
4. All matters which would be disclosed by an accurate survey of the Property.
TOGETHER with all the tenements, hereditaments and appurtenances belonging or in
any way appertaining to the Property.
TO HAVE AND TO HOLD the same in fee simple forever.
AND GRANTOR hereby covenants with Grantee that Grantor is lawfully seized of the
Property in fee simple; that Grantor has good right and lawful authority to sell and convey the
Property; and that Grantor does hereby specially warrant the title to the Property and will defend
the same against the lawful claims of all persons claiming by, through or under Grantor, but not
otherwise.
As an express condition of the conveyance of the Property, Grantee covenants and agrees
that the Property shall be used solely as a public park and for all purposes accessory and
incidental thereto, except that no improvements (including landscaping) shall be installed on the
Property at any time which interferes with the view corridor and sightlines from the existing
Gulfstream Park clubhouse and grandstands to the racing chute located adjacent to the Property.
Grantee further agrees: (i) that any exterior lighting adjacent to the racing chute on the Seller's
Adjacent Property (the "Racing Chute"), shall be designed so that it does not spill over onto the
Racing Chute; and (ii) that the operation of any loudspeaker, public address system, or similar
device, such that sound therefrom creates an umeasonable noise disturbance across the real
property boundary adjacent to the Racing Chute, shall not be utilized during horse racing events
(which shall be limited to scheduled horse races and horse training at Gulfstream Park). In the
event that Grantee, its successors and/or assigns violates the foregoing restrictions, Grantor, its
successors and/or assigns shall be entitled to avail itself of all legal and equitable remedies
including, but not limited to, injunctive relief. The foregoing restriction shall constitute a
restrictive covenant concerning the use, enjoyment and title to the Property and shall constitute a
covenant running with said land and shall be binding upon all future owners of the Property for
the benefit ofthe Grantor, its successors and assigns.
IN WITNESS WHEREOF, Grantor has caused this Special Warranty Deed to be
executed as of the day and year first written above.
Witnesses:
SELLER:
GULFSTREAM PARK RACING
ASSOCIATION, INC., a Florida
corporation
By:
Name:
Title:
Print Name:
Print Name:
2
STATE OF FLORIDA )
)SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this ~ day of
, 2006 by , as of
GULFSTREAM PARK RACING ASSOCIATION, INC., a Florida corporation, on behalf of the
corporation, who (check one) [ ] is personally known to me or [ ] has produced a
drivers license as identification.
[NOTARY SEAL)
Notary:
Print Name:
Notary Public, State of
My commission expires:
3
EXHIBIT "C"
BILL OF SALE
4
()
This instrument prepared by and after
recording return to:
Lillian Arango de Ia Hoz, Esq.
Weiss Serota Helfman
Pastoriza Cole & Boniske, P.A.
2665 South Bayshore Drive
Suite 420
Miami, Florida 33133
CONSTRUCTION LICENSE AGREEMENT
THIS CONSTRUCTION LICENSE AGREEMENT (this" License Agreement") is
made this _ day of _' 2006, between GULFSTREAM PARK RACING
ASSOCIATION, INC., a Florida corporation, having an address at 901 South Federal Highway,
Hallandale, Florida 33009 (the "Licensor"), and the CITY OF A VENTURA, a Florida
municipal corporation, having an address at 19200 West Country Club Drive, Aventura, Florida
33180 (the "City").
RECITALS
1. Licensor is the owner of fee simple title to unimproved real property consisting of
approximately seven (7) acres located in the City of Aventura, Miami-Dade County, Florida, as
more particularly described in Exhibit "A" attached hereto and by this reference made a part
hereof (the "Park Parcel").
2. Licensor and City have simultaneously entered into a Purchase and Sale
Agreement for the Park Parcel (the "Purchase and Sale Agreement"), wherein the City will
acquire by purchase and donation from the Seller the Park Parcel for use as a municipal park.
3. The Purchase and Sale Agreement contains certain closing contingencies to be
met prior to Closing. In order to allow the City immediate access to the Park Parcel for
commencement of construction of its park improvements and facilities, prior to the Closing Date
set forth in the Purchase and Sale Agreement, Licensor has agreed to grant the City a license to
use the Park Parcel for the installation, construction, operation, and maintenance of municipal
park improvements and facilities, all as specifically described herein.
NOW, THEREFORE, in consideration of the sum of Ten and 00/100 Dollars ($10.00)
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto, intending to be legally bound, do hereby agree as follows:
I. Recitals. The Recitals set forth above are true and correct and are incorporated
herein by reference.
2. Purpose and Intent. The parties acknowledge and agree that the purpose and
intent of this License Agreement is to provide a license to the City for the use of the Park Parcel
in connection with the development and construction of a municipal park on the Park Parcel and
all improvements and facilities accessory and incidental thereto.
3. Grant of License. Subject to the terms and conditions hereof and City's
fulfillment of its obligations hereunder, the Licensor hereby grants to the City, for the "Term" (as
defined below) the exclusive right, license and privilege to enter upon and use the Park Parcel for
the purpose of permitting, clearing, filling and demucking, and rights of access, including ingress
and egress in, over, and through the Park Parcel, with full rights to excavate, clear and fill the
Park Parcel (the "Permitted Purpose"). The City shall not use the Park Parcel for any purpose or
use other than the Permitted Purpose. The City's use of the Park Parcel for the Permitted
Purpose shall be exclusive in nature.
4. Term. The "Term" of this License Agreement shall be for six (6) months,
commencing the date of full execution of this License Agreement and the Purchase and Sale
Agreement (such date being the "Commencement Date"). The Term of this License Agreement
shall expire on the date which is the later to occur of (a) 12:00 a.m. (EST) on the day before the
6th month armiversary of the Commencement Date or (b) the date the Licensor terminates the
Purchase and Sale Agreement due to the City Commission's denial of Licensor's CUA
Application, as set forth in Section 11.4.3(b) of the Purchase and Sale Agreement or a
termination for a material default on the part of the City thereunder or hereunder. This License
Agreement shall automatically terminate upon the Closing of the Park Parcel pursuant to the
Purchase and Sale Agreement.
5. License Fees; Expenses and Taxes.
5.1 The license fee shall be the sum ofTen Dollars ($10.00) for the entire Term (the
"License Payment"), plus applicable sales taxes, if any. The License Payment shall be due upon
execution of this License Agreement.
5.2 It is understood and agreed by and between the parties hereto that the City shall
maintain in current status all federal, state, county and local licenses and permits, now or
hereafter, required for the installation and construction of the park improvements.
6. Improvements; Utilities; Access.
6.1 The City shall be permitted to develop the Park Parcel for the Permitted Purpose. .
All of the work to be performed by the City on the Park Parcel is subject to all applicable permits
and approvals from the City and must otherwise be performed in accordance with applicable
government regulations. The City shall obtain, at its sole cost and expense, any and all permits,
consents and approvals from local, state or federal governmental authorities as required to
construct the improvements on the Park Parcel and will provide Licensor with copies of the plans
and drawings with respect thereto for its review and comment prior to submission of same for the
necessary permits. Licensor agrees to fully cooperate with the City in the attainment of all
2
permits and approvals for the park improvements allowed under this License, including the
joinder or execution of any applications or instruments.
6.2 The City shall further have the right to install, maintain and operate within the
Park Parcel such utilities (including, without limitation, electricity) necessary to install, construct
and serve the park improvements thereto. From and after the Commencement Date until such
time as this License Agreement is terminated, the City shall pay when due any utility and other
expenses of any and all types whatsoever which are now or hereafter charged or assessed with
respect to its operations or improvements at the Park Parcel. Upon termination of the License,
unless otherwise agreed to in writing by Licensor prior to such installation, the City may be
required to promptly remove all utility installations upon the written request of Licensor, in
which event Licensor shall have no obligation to reimburse the City for its costs incurred in
connection with any such utility installations or with the required removal thereof.
6.3 At all times during the Term of this Agreement, the City, at its sole cost and
expense, shall maintain, repair, replace and operate the Park Parcel and all improvements thereto
in a first class manner. The City's improvements to the Park Parcel shall remain the exclusive
property of the City; provided, however, that upon termination of the Purchase and Sale
Agreement pursuant to Section 11.4.3(b) therein and failure of the Park Parcel to Close due to
the City Commission's denial of the Licensor's CUA Application, the Licensor shall reimburse
the City for its documented out of pocket costs incurred in connection with the permitting,
clearing, filling and demucking (excludin2: park desi2:n fees) of the Park Parcel from the
Commencement Date of this License Agreement to the date of denial of the CUA Application,
within thirty (30) days of City's written request and proof of costs incurred. The provisions of
this Section 6.3 shall survive the expiration or earlier termination of this License Agreement.
7. Termination. This License Agreement may be terminated, effective after various
notice periods described hereafter expire, as follows:
7.1 By the City, on thirty (30) days prior written notice, if it is unable to obtain,
maintain or otherwise forfeits any license, permit or other governmental approvals necessary for
the construction or operation of its improvements to the Park Parcel or the intended use of the
Park Parcel; or
7.2 By either party, if the other party defaults and fails to cure such default within
thirty (30) days after written notice of such default is received by the defaulting party from the
non-defaulting party; provided, however, that if such default is capable of being cured, but not
within such thirty (30) day period, this License Agreement may not be terminated so long as the
defaulting party commences appropriate curative action within such thirty (30) day period and
thereafter diligently prosecutes such cure to completion as promptly as possible.
8. Casualtv.
8.1 If any part of the Park Parcel (including the improvements thereto) are damaged
by fire, act of God, hurricane or other inclement weather, or other casualty (collectively, a
"Casualty") during the Term of this License Agreement, the City shall proceed in good faith to
3
diligently repair the Park Parcel (including the improvements thereto) as applicable, so as to
allow for the continued use of the Park Parcel for the Permitted Purpose.
8.2 At all times during the term of this License Agreement, the City shall keep the
improvements to the Park Parcel insured against Casualty for the full replacement value thereof,
or provide for self-insurance.
9. Damal!e to Property: Indemnification: Insurance.
9.1 The City shall not, by its use or occupancy, cause damage to the Park Parcel. The
City further agrees that all personal property placed upon the Park Parcel shall remain the
property of the City, and shall be placed on the Park Parcel at the risk of the the City.
9.2 Subject to the monetary limitations of Section 768.28(5), Florida Statutes, which
are hereby incorporated by reference, which limitations shall be applicable regardless of whether
such provisions would otherwise apply, the City shall indemnify and hold harmless the Licensor
from and against any and all claims, costs, losses, and damages arising from any negligent acts
or omissions of the City or its employees, contractors, or agents arising out of this License
Agreement including, but not limited to, the installation, construction, operation and
maintenance of improvements and the utilities used in connection with the Park Parcel. Nothing:
in this Section 9.2 shall oreclude Licensor from oursuing: all availahle restitution under anv
comorehensive g:eneral liabilitv insurance policv obtained bv the Citv oursuant to Section 9.3
hereinbelow without reg:ard to the Citv's rig:ht to assert sovereig:n immunitv or anv other liabilitv
limitation described hereinabove.
9.3 At all times during the Term of this License Agreement, the City, at its sole cost
and expense, shall secure and keep in force a policy of comprehensive general liability insurance
to protect against bodily injury liability and property damage in an aggregate amount of not less
than One Million Dollars ($1,000,000) per occurrence, combined single limit. Such insurance
shall be evidenced by a valid and enforceable policy issued by an insurance company authorized
to do business in the State of Florida and reasonably acceptable to the Licensor. The policy shall
provide that the same shall not be canceled except after thirty (30) days' prior written notice to
the Licensor. Within fifteen (15) days of execution of this License Agreement by the parties, the
City shall deliver to the Licensor a copy of the insurance policy and certificates or endorsements
evidencing that the required insurance policy is then in full force and effect. Thirty (30) days
prior to the expiration of any insurance policy, the City shall deliver to the Licensor a certificate
evidencing renewal or replacement of such insurance policy. At all times during the Term of this
Agreement, the City, at its sole cost and expense, shall secure from its contractor and keep in
force workman's compensation insurance in the amount required by applicable law.
10. Notices. Any notice required or intended to be sent to the City or the Licensor
under this License Agreement shall be sufficient only if posted by registered or certified mail
using the addresses set forth on the first page of this License Agreement. Either party may
change the address for notices and payment by giving the other party five (5) days prior written
notice of any such change in the manner provided in this Section.
4
11. Successors aud Assilms: Assilmment. The provisions and terms hereof shall
extend to and be binding upon the successors ofthe City and the Licensor, and to such persons as
may by law succeed to the rights, powers, and duties of the parties hereto. The City may not
assign any of its rights or obligations hereunder without the prior written consent of the Licensor,
which consent may be withheld by the Licensor in its reasonable discretion.
12. Entire Al!:reement. This License Agreement embodies the entire agreement
between the parties. This License Agreement may not be modified or terminated except by
written amendment by the parties. If any provision herein is invalid, it shall be considered
deleted and shall not invalidate the remaining provisions.
13. Costs and Attornev's Fees. If either the City or the Licensor is required to
enforce the terms of this License Agreement by court proceedings or otherwise, whether or not
formal legal action is required, the prevailing party shall be entitled to recover from the other
party all such costs and expenses, including, but not limited to, court costs, and reasonable
attorney's fees.
14. Waiver of Jurv Trial. Both the City and the Licensor knowingly, voluntarily,
and irrevocably waive their right to a trial by jury in any civil proceedings that may be initiated
by either party with respect to any term or condition of this License Agreement.
15. Miscellaneous.
15.1 This License Agreement shall vest in the City no right, title or interest whatsoever
in or to the Park Parcel or any adjacent lands of the Licensor, other than the right of using the
same for the Permitted Purpose of this License Agreement and upon the terms and conditions set
forth herein.
15.2 The Licensor makes no representations or warranties whatsoever as to: (a) the
condition of the Park Parcel, or (b) whether the Park Parcel or any part thereof, is in compliance
with applicable federal, state, and local laws, ordinances, rules, or regulations; or ( c) the
permitted or available uses of the Park Parcel under any applicable federal, state, or local laws,
ordinances, rules, or regulations. The City shall conduct its own due diligence investigation as to
the Park Parcel and the suitability thereoffor the City's purposes.
15.3 This License Agreement shall be interpreted and construed in accordance with
and governed by the laws of the State of Florida. Venue for litigation concerning this License
Agreement shall be in Miami-Dade County, Florida.
15.4 Except as may be expressly set forth herein, the parties expressly acknowledge
that it is not their intent to create any rights or obligations in any third person or entity under this
License Agreement. Nothing contained herein shall be deemed or construed as creating the
relationship of principal and agent, partners, joint venturers, or any other similar such
relationship between the parties hereto.
5
15.5 Both parties have substantially contributed to the drafting and negotiation of this
License Agreement and this License Agreement shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties than any other. The parties
hereto acknowledge that they have thoroughly read this License Agreement, including all
exhibits and attachments hereto, and have sought and received whatever competent advice and
counsel was necessary for them to form a full and complete understanding of all rights and
obligations herein.
15.6 This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained herein and the
parties agree that there are no commitments, agreements or understandings concerning the
subject matter of this License Agreement that are not contained in this document. Accordingly,
the parties agree that no deviation from the terms hereof shall be predicated upon any prior
representations or agreements, whether oral or written.
15.7 The Licensor shall not be liable for any loss, damage or injury of any kind or
character to any person or property (i) arising from any use of the Park Parcel or any part thereof;
(ii) caused by any defect in any building, structure, or other improvements thereon or in any
equipment or other facility located therein; (iii) caused by or arising from any act or omission of
the City or of any of its agents, employees, tenants, licensees or invitees; (iv) arising from any
accident on the Park Parcel or any fire or other casualty thereon; (v) occasioned by the City's
failure to maintain the Park Parcel in a safe condition; or (vi) arising from any other cause;
unless, in any of such events, caused by the neglect or willful act or omission of the Licensor.
The City does not waive any rights of sovereign immunity that it has under applicable law.
Notwithstanding anything contained in this License Agreement to the contrary, in no event shall
the City be liable for any consequential and/or punitive damages in connection with this License
Agreement.
15.8 The City carmot, and hereby specifically does not, waive or relinquish any of its
regulatory approval or enforcement rights and obligations as it may relate to regulations of
general applicability which may govern the Park Parcel, any improvements thereon, or any
operations at the Park Parcel. Nothing in this License Agreement shall be deemed to create an
affirmative duty of the City to abrogate its sovereign right to exercise its police powers and
governmental powers by approving or disapproving or taking any other action in accordance
with its zoning and land use codes, administrative codes, ordinances, rules and regulations,
federal laws and regulations, state laws and regulations, and grant agreements. In addition,
nothing herein shall be considered zoning by contract.
ITHE REST OF THIS PAGE INTENTION ALL Y LEFT BLANK.]
6
IN WITNESS WHEREOF, the parties have made and executed this License Agreement
on the date shown above.
WITNESSES:
LICENSOR:
GULFSTREAM PARK RACING
ASSOCIATION, INC.,
a Florida corporation
Name:
Name:
By:
Name:
Title:
CITY:
CITY OF A VENTURA,
a Florida municipal corporation
Name:
By:
Name:
Eric M. Soroka, City Manager
(MUNICIPAL SEAL)
ATTEST:
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By:
By:
City Clerk
City Attorney
7
STATE OF FLORIDA
)
SS:
COUNTY OF MIAMI-DADE
)
THIS IS TO CERTIFY, that on this day of _ 2006, before
me, an officer duly authorized to take acknowledgements in the State and County aforesaid,
personally appeared , as President of GULFSTREAM
PARK RACING ASSOCIATION, INC., a Florida corporation, on behalf of the corporation,
who (check one) [ ] is personally known to me or [ ] produced
as identification.
NOTARY PUBLIC
Print Name:
My Commission Expires:
STATE OF FLORIDA
)
SS:
COUNTY OF MIAMI-DADE
)
THIS IS TO CERTIFY, that on this _ day of _ 2006, before me, an
officer duly authorized to take acknowledgements in the State and County aforesaid, personally
appeared Eric M. Soroka, as City Manager of the CITY OF A VENTURA, a Florida
municipal corporation, on behalf of the corporation, who (check one) [ ] is personally known
to me or [ ] produced as identification.
NOTARY PUBLIC
Print Name:
My Commission Expires:
8
EXHIBIT" A"
PARK PARCEL
Certain real property located in Miami-Dade County, Florida more particularly described
as follows:
9
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
FROM:
City Commission ~ i
Eric M. Soroka, ICMA-CM, Cit~r
Robert M. Sherman, Director Of ommum y service@
April 26, 2006
TO:
BY:
DATE:
SUBJECT:
Change Order No. 1 to Bid No. 06-2-21-2 Landscape Material
Procurement and Delivery for Hurricane Landscape Restoration
May 2nd, 2006 City Commission Meeting Agenda Item 5,7:..
Recommendation:
It is recommended that the City Commission adopt the attached Resolution approving
Change Order No. 1 to Bid No. 06-2-21-2, Landscape Material Procurement and
Delivery for Hurricane Landscape Restoration for landscaping the two westernmost
median islands to Luke's Landscaping, Inc. for the amount of $49,006.25.
Backaround:
The Hurricane Landscape Restoration Plan that was submitted to the City Commission
in March did not include the western portion of Williams Island Boulevard as the City's
landscape architect did not have the time _necessary to develop a plan and cost
estimate.
Change Order No. 1 addresses the two westernmost islands on Williams Island
Boulevard and consists of procuring and delivering 13 palm trees, 10 oak trees,
approximately 3,275 shrubs, mulch and topsoil necessary to landscape these medians
as depicted in the attached rendering and plant list. Plans to address the mangrove
area restoration will be forthcoming under separate cover.
This project also consist of the following elements that will be paid in accordance with
the unit pricing for labor and materials as contained in the City's contract with Luke's
Landscaping, Inc.:
1. Labor and materials to install plant materials $31,000
_..-.._~-'"----
City Commission
April 26, 2006
Page 2
2. Irrigation system installation
$24.000
$55,000
The total cost to landscape the two islands, including plant installation and new
irrigation system installation, is $104,006.25.
This Change Order will take an additional 30 calendar days to complete, so the entire
Hurricane Landscaping Project will be completed August 10, 2006. The City's
Landscape Architect has reviewed and approved the change order documents at the
pricing described herein and as contained in "Exhibit An.
Please feel free to contact me if you have any questions.
RMS/gf
Attachments
RMS06023
RESOLUTION NO. 2006-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING CHANGE ORDER NO. 1
TO BID NO. 06-2-21-2, LANDSCAPE MATERIAL
PROCUREMENT AND DELIVERY FOR HURRICANE
LANDSCAPE RESTORATION TO LUKE'S LANDSCAPING, INC.
AT THE PRICE OF $49,006.25 FOR THE PURPOSE OF
LANDSCAPING THE WESTERN MEDIANS OF WILLIAMS
ISLAND BOULEVARD; 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, pursuant to the various laws of the State of Florida and the Code of the City
of Aventura, on March 7, 2006, the City Commission awarded BID NO. 06-2-21-2, LANDSCAPE
MATERIAL PROCUREMENT AND DELIVERY FOR HURRICANE LANDSCAPE
RESTORATION to Luke's Landscaping, Inc.; and
WHEREAS, upon the recommendation of the City Manager, the City Commission wishes
to approve said Change Order to Luke's Landscaping, Inc. at the price of $49,006.25 for
additional hurricane restoration landscaping.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA:
Section 1: That Change Order No. 1 for BID NO. 06-2-21-2, LANDSCAPE
MATERIAL PROCUREMENT AND DELIVERY FOR HURRICANE LANDSCAPE
RESTORATION, is hereby approved in the amount of $49,006.25.
Section 2: 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 implementing Change
Order NO.1 to Bid No. 06-2-21-2, LANDSCAPE MATERIAL PROCUREMENT AND DELIVERY
FOR HURRICANE LANDSCAPE RESTORATION.
Section 3: 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 the General Fund Line
Item No. 001-8050-541-6352.
Section 4: This Resolution shall be effective immediately upon its adoption.
The foregoing resolution was offered by
motion was seconded by
follows:
,who moved its adoption. The
and upon being put to a vote, the vote was as
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stem
Vice Mayor Luz Urbaez-Weinberg
Mayor Susan Gottlieb
__"~""""'_ __________,_ ______. "_,_.__.____._.. .___..~_m... ...___
Resolution No. 2006-_
Page 2
PASSED AND ADOPTED this 2nd day of May, 2006.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO ,Je6GAL SUFFICIENCY:
CITY !TT~
landscape Procurement and Delivery Cost
for
Williams Island Boulevard Hurricane Restoration
Aventura, Florida
EXHIBIT "A"
Prepared by:
O'Leary Richards Design Associates, Inc.
4/24/2006
ITEM QTY UNIT UNIT COST TOTAL
Entrance Medians & Swale
Mediool' Date Palms (16' Grev Woodl 3 EA 4,500.00 13,500.00
Live OakI18'-20' ht. x 9'-10' ~ 200 Gall 10 EA $900.00 $9,000.00
Thatch Palm 15' hI. x 4' sn) 10 EA $150.00 $1,500.00
PYilriiVDate Palm 14' ht. x 4' so., triDlel 8 EA $110.00 $880.00
Crinum 'Queen Emma'(30" ht. x 30" SD., 7 Gall 50 EA $35.00 $1,750.00
ASDaraaus Fern 112" ht. x 12" SD., 1 GalJ 25 EA $1.85 546.25
Ficus 'Green Island'118" hI. x 18"50:, 3 GalJ 520 EA $6.00 $3,120.00
Ixora 'Nora Grant' 124" hI. x 20" 50.,3 Gal.) 50 EA 1[00 $300.00
Ixora 'Red' 118" hI. x 18" sn., 3 Gal.) 190 EA .00 $1,140.00
Wax Jasmine 118" ht. x 18" sn., 3 Gal.) 1260 EA $6.00 $7,560.00
Varienated Pittosnnrurn 118" hI. x 18" SO., 3 Gal.) 40 EA $7.00 $280.00
Philodendron 'H~4" hI. x 24" so., 3 Gal.) 40 EA $8.00 $320.00
Duranta 'Gold Mound'118" ht. x 18" so., 3 GalJ 350 EA $6.00 $2,100.00
Varienated Arboricola 'Trinette'718" ht. x 18" so., 3 Gal) 550 EA $6.00 $3,300.00
liriooe'Evemreen Giant'112" ht. x 12" SD., 1 GalJ 200 EA $1.85 $370.00
Red Mulch 110 CY $25.00 $2,750.00
Toosoil 50 CY $20.00 $1,000.00
Clean Sand 6 CY $15.00 $90.00
TOTAL $49,006.25
------r----"-+..-
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u
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, City
DATE: April 20, 2006
SUBJECT: Ordinance Revising Commence men of Term for Elected Officials
1st Reading May 2,2006 City Commission Meeting Agenda Item..!1.A
2nd Reading June 6, 2006 City Commission Meeting Agenda Item
In light of the recent Charter Revision that eliminated run-offs, the date on which the
elected officials take office requires a revision as well.
Previously, the terms of the Mayor and Commissioners commenced on the third day
after the third Tuesday in March.
Attached is an amended Ordinance that provides for the term of office to commence on
the third day after the first Tuesday in March.
This item was discussed at the April Workshop Meeting.
EMS/act
Attachment
CC01481-06
ORDINANCE NO. 2006-_
AN ORDINANCE OF THE CITY OF A VENTURA,
FLORIDA; AMENDING THE CITY CODE BY AMENDING
CHAPTER 26 "ELECTIONS", BY AMENDING SECTION
26-32 "COMMENCEMENT OF TERM OF ELECTED
OFFICIALS", BY AMENDING PARAGRAPH (C) TO
REVISE DATE OF COMMENCEMENT OF THE TERM OF
OFFICE FOR REGULAR TERMS OF THE MAYOR AND
COMMISSIONERS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Charter Amendment election, which was held on March 21,
2006, the electors of the City have amended the City Charter to eliminate run-off elections for
mayor and commissioner; and
WHEREAS, it is necessary to amend the City Code provisions concerning the
commencement of the term of office of elected officials so as to conform to the above-
described Charter amendment.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY
COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the above stated recitals is hereby adopted
and confirmed.
Section 2. City Code Amended. That Section 26-32 "Commencement of Term of
Elected Officials" is hereby amended by revising paragraph (c) to read as follows:1
Sec. 26-32. Commencement of term of elected officials.
'; Proposed additions to existing City Code text are indicated by underline; proposed deletions from
existing City Code text are indicated by .lrikelilfellgli; presently existing text is indicated by the absence of
any underlininl! or s1:filEethr9\lgRs.
Ordinance No. 2006-_
Page 2
(a) The next regular term of office for Commission seats 1, 3, and 5,
which expire on March 16, 1999, shall commence on March 17,
1999, following the regular election.
(b) The next regular term of office for Commission seats 2, 4, and 6, and
for Mayor, which expire on March 20, 2001, shall commence on
March 21, 2001, following the regular election.
(c) Except as provided in subsection (a) and (b) above, the term of
office for regular terms of the Mayor and Commissioners shall
commence upon the third day after the third Tuesday in March
subsequent to the occurrence of the election to fill the next regular
term of office for the respective Mayoral or Commission seat.
Notwithstanding the above-stated provisions of this paragraph (c).
commencing with the 2007 election cvcle. the term of office for
regular terms of the Mavor and Commissioners shall commence
upon the third dav after the first Tuesdav in March subsequent to the
occurrence of the election to fill the next regular term of office for
the respective Mavoral or Commission seat.
Section 3.
Severabilitv. That the provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason
be held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in
effect, it being the legislative intent that this Ordinance shall stand notwithstanding the
invalidity of any part.
Section 4. Inclusion in the 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 A ventura; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "0 rdinance" shall be changed to
"Section" or other appropriate word.
2
Ordinance No. 2006-_
Page 3
Section 5. Effective Date. That this Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner _' who moved its adoption
on first reading. This motion was seconded by Commissioner
, and upon being put to a
vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stem
Vice Mayor Luz Urbaez Weinberg
Mayor Susan Gottlieb
The foregoing Ordinance was offered by Commissioner
who
moved its adoption on second reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Vice Mayor Luz Urbaez Weinberg
Mayor Susan Gottlieb
3
Ordinance No. 2006-_
Page 4
PASSED AND ADOPTED on first reading this 2nd day of May, 2006.
PASSED AND ADOPTED on second reading this 6th day of June, 2006.
ATTEST:
Susan Gottlieb, Mayor
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
f~
City Attorney
4
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
City Commission . _ ~
Eric M. Soroka, ICMA-CM, Ciranrer ,
April 25, 2006 ~
TO:
DATE:
RE:
Amendment of City Code Section 26-34 "Early Voting"
1&t Reading May 2,2006 City Commission Meeting Agenda Item ~
2nd Reading June 6, 2006 City Commission Meeting Agenda Item _
Recommendation
It is recommended that the City Commission adopt the proposed Ordinance amending
City Code Section 26-34 "Early Voting". The purpose of the amendment is to revise
and update the provisions describing the scope, applicability, and early voting duration
and hours, and to opt-out of the new requirements of paragraph 2 of Section 101.657,
Florida Statutes.
Backaround
The early voting procedures of City Code Section 26-34 were successfully applied in the
2005 Mayor and Commission election process. However, effective January 1, 2006, the
Florida Legislature, pursuant to Section 101.657(2), Florida Statutes, has imposed
additional voter information reporting requirements upon the Supervisor of Elections,
while preserving the right of municipalities to opt-out of such requirement. Pursuant to
letter of December 19, 2005, the Miami-Dade County Supervisor of Elections has
recommended that municipalities opt-out of the provision of Section 101.657(2), Florida
Statutes, which, in the absence of an opt-out, would require the Supervisor of Elections
to prepare complex and costly voter information in the midst of conducting the early
voting phase of an election process.
The proposed Ordinance serves to implement the recommended opt-out provision.
Additionally, the proposed Ordinance serves to revise and update the existing
provisions of Section 26-34, which initially only applied to Mayoral and Commission
elections, so that such provisions would also apply to all City elections (including charter
amendment elections, initiative elections, referendum elections, bond issuance
elections, as well as all Mayoral and Commission elections) which are not conducted in
conjunction with a county or state election.1
The proposed Ordinance also serves to mirror state law as to the number of daily hours
for early voting by providing that early voting shall be provided for eight (8) hours for
each weekday and for an aggregate of eight (8) hours for each weekend on any
weekday or weekend in which early voting is allowed, while preserving the right of the
City Commission, by resolution, to alter the schedule of days and hours for early voting.
The proposed Ordinance serves to assure that adequate provisions are made for early
voting, with the duration, hours of operation, and other restrictions for early voting to be
as specified in the Ordinance, rather than as otherwise provided by Section 101.657,
Florida Statutes. For example, in lieu of the lengthy and costly fourteen (14) day early
voting period which is otherwise provided by state law, the proposed Ordinance enables
the City Commission to provide for early voting to occur for a duration of two (2) days at
City elections (which are not held in conjunction with county or state elections), subject
to adjustment by Commission resolution. This two (2) day early voting was successfully
done for the Mayoral and Commission elections in the 2005 City election cycle.
Should you have any questions, please feel free to contact me.
EMS/tms
attachment
'I The Ordinance does not apply to mail ballot elections, since those non-polling place elections do not involve
early voting.
2
ORDINANCE NO. 2006-
AN ORDINANCE OF THE CITY OF A VENTURA,
FLORIDA, AMENDING THE CITY CODE BY AMENDING
CHAPTER 26 "ELECTIONS", BY AMENDING SECTION
26-34 "EARLY VOTING", CONCERNING EARLY
VOTING FOR CITY ELECTIONS; REVISING AND
UPDATING PROVISIONS DESCRIBING SCOPE,
APPLICABILITY, EARLY VOTING DURATION AND
PROCEDURES; OPTING OUT OF THE REQUIREMENTS
OF PARAGRAPH (2) OF SECTION 101.657, FLORIDA
STATUTES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 101.657, Florida Statutes, as amended effective
on January 1, 2006, the Florida Legislature has expressly provided that municipalities
may determine whether or not to provide early voting in municipal elections that are not
held in conjunction with county or state elections and to opt out of certain requirements;
and
WHEREAS, the City Commission finds that lengthy periods of early voting in
municipal elections are contrary to the historical tradition of a designated "Election Day"
and are costly and unnecessary in light of the availability of absentee ballots; and
WHEREAS, the City Commission desires to revise the existing City ordinance
which provides for limited early voting in municipal Mayor and Commission elections to
include all other City elections (including charter amendment elections, initiative
elections, referendum elections, bond issuance elections, and all Mayoral and
Commission elections) which are not held in conjunction with county or state elections,
with the duration, hours of operation, and other restrictions for early voting to be as
. . .-.-----..........-...-.. ---'--.' -...-...-- ~- ..------..-.-,-.,.--. ~_.._..._-_..._._.._-
Ordinance No. 2006-_
Page 2
specified herein rather than as otherwise provided by Section 101.657, Florida Statutes;
and
WHEREAS, this Ordinance enables the City to continue to provide for a
sufficient schedule of early voting in advance of such municipal elections, if necessary,
or to revise or eliminate early voting for specific elections as provided herein; and
WHEREAS, the Miami-Dade County Supervisor of Elections has recommended
that the City opt out of the requirements of Section 101.657(2), Florida Statutes, which
would otherwise require the Supervisor of Elections to prepare costly and complex voter
activity information in the midst of an electoral process.
NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY
COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1.
Recitals Adopted. That each of the above stated recitals is hereby
adopted and confirmed.
Section 2.
Citv Code Amended: Earlv Votinl!:.
That Chapter 26
"Elections", of the City Code of the City of Aventura, Florida, is hereby amended by
revising Section 26-34 "Early Voting," to read as follows: I
Sec.26-34 Early Voting.
W PlIfSllaHt ts F.S. ~ 11)9.3695(1), it is herelly pFevillell that
eemtlleaeiBg ~NitR tfl6 ~fareR 2995 HN:Ulieipal eleetisRs fer ~49:yet=al
ana Cemmissiea eftiees, all }'4ayeFal aB6 CeHllRissisB eleetisRs are
Bllfelly f:ll(sffi)ltell ffem. tile prsvisisBs sf F.S. ~ 191.657(1)(9), (tile
nearly .:etiRg staMe"). The early ...etiag staRite previcies fer early
'/ Proposed additions to existing City Code text are shown by underline. Proposed deletions from
existing City Code text are shown by aIRk.lhraagh.
2
Ordinance No. 2006-_
Page 3
y/ating t8 Begin 8ft tfie f:ifteeata flay hefan~ an eleetisn and eRa 8n tRe
day eefeFe a:Fl eleetien and fJfe.:ir:les ether eperatisaal restfletisns.
W In liell afthe aeaye dsseRBsd prayisiaRS afF.8. ~ 19Ui57(I)(1l), it
is heresy fJrs.;ised that early "sting shall he fJFs.:iaea 8ft the
Sattifa&y Qlul 8wutay iR11llediately Befere aR eleetien, iaslaaiag
fegHlar eleetieBs ana FtiR err eleetisas fer A4&)!er aT Cemmissienef.
W Barly 'iatiflg sllall Be pra'iided for lIfl te eight lIellfS fer eaell day aR
'.vhiell early 'iatiRg is allawea.
ftI1 Tile FomaiaiBg pllffigFllplls efP.S. ~ 101.857, sllehioive efplli'agFllflll
(l)fb) tksFeaf, shall eeBtiiBIe ta apflly ta tile City's Mayaral lIBd
Csftllllissiea sleetieR!) as pre'/ided 1::1)' lw.".
fet TRe City Cemmissien may, BY Reselatien, adeJ:1tea in aa-;anee sf a
regular, f\ffieff af sfJeeial eleetien fer 1fayer aT CeffHllissiener, alter
tile seRBeRIe sf days and times fer early 'feting Hem taat v.rhielt is
fJFs':iaea ahave.
00 TRe City Clerk is aeFelly aataerized 1e take 8.fl)' astian ":Ikiek is
Beeessary ar 8J(]3sdient t8 i~lem.eBt early .:8ting in aee8rcjaBee .Nith
this seetieR.
W For anv City election. including initiative. referendum. bond
issuance. charter amendment or anv Mavoral and Commission
elections (the "City Elections"). which are not held in coni unction
with a county or state election. this Section 26-34 shall govern the
matter of earlv voting. Further. earlv voting pursuant to this
Section 26-34 shall complv with the mandatorv requirements of
Section 101.657(1 )(e). Florida Statutes (2005). as aoolicable.
ill The orovisions of Section 101.657(2), Florida Statutes. shall not
aoolv to Citv Elections. unless specificallv made applicable bv
Commission Resolution.
iill. At anv Citv Election. it is herebv orovided that earlv voting shall
be provided only on the Saturdav and Sundav immediatelv before a
Citv Election. unless otherwise orovided oursuant to paragraoh (e)
below.
@ Earlv voting shall be provided for eight (8) hours for each weekdav
and for an aggregate of eight (8) hours for each weekend on anv
3
Ordinance No. 2006-_
Page 4
weekdav or weekend in which earlv voting is allowed. unless
otherwise provided pursuant to paragraph (e) below.
W The Citv Commission mav. by Resolution. adopted in advance of a
specific City Election. alter the schedule of days and hours for
earlv voting from that which is provided in paragraphs (c) and (d)
above. This shall include the authoritv to extend early voting or to
eliminate earlv voting for a specific election at which absentee
balloting is available.
ill The Citv Clerk is herebv authorized to take anv action which is
necessary or expedient to implement this section or to comply with
anv applicable law including anv mandatory provisions of Section
101.657. Florida Statutes.
Section 3. Seyerability. That the provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion in 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
renumbered or relettered to accomplish such intentions; 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.
4
Ordinance No. 2006-_
Page 5
The foregoing Ordinance was offered by Commissioner
, who
moved its adoption on first reading. This motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commission Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stem
Vice Mayor Luz Urbaez Weinberg
Mayor Susan Gottlieb
The foregoing Ordinance was offered by Commissioner
who
moved its adoption on second reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commission Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Vice Mayor Luz Urbaez Weinberg
Mayor Susan Gottlieb
PASSED AND ADOPTED on first reading this 2nd day of May, 2006.
5
Ordinance No. 2006-_
Page 6
PASSED AND ADOPTED on second reading this 6th day of June, 2006.
Susan Gottlieb, Mayor
ATTEST:
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
~
City Attorney
6
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM, Cit
TO: City Commission
DATE: March 10,2006
SUBJECT: Ordinance Adopting Additional Construction Regulations
1st Reading April 4, 2006 City Commission Meeting Agenda Item L
2nd Reading May 2, 2006 City Commission Meeting Agenda Item fJJ
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance providing
for additional construction regulations. This matter was reviewed at the March
Workshop Meeting.
BACKGROUND
The City has adopted Ordinances to regulate the construction activity by private
developers in the City to protect the life, safety and welfare of the community.
Due to a growing problem at the various construction sites in the City, I feel it is time we
revisited our Ordinances to address ongoing problems and provide for stiffer fines for
violations. Therefore, I have requested the City Attorney to draft a new Ordinance to
address the following issues:
1. Increase the fines for violating construction times and construction
regulations.
2. Parking of construction worker vehicles off the site of the project in any
area of the City shall require City approval.
3. Any construction vehicles blocking a public roadway or right-of-way shall
require a City permit and approval.
Memo to City Commission
March 16.2006
Page 2
4. Establish requirements for job site maintenance, including sweeping of
public roadways.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01470-06
ORDINANCE NO. 2006-05
AN ORDINANCE OF THE CITY OF A VENTURA,
FLORIDA; AMENDING THE CITY CODE BY
AMENDING CHAPTER 14 "BUILDINGS AND
BUILDING REGULATIONS", AT ARTICLE V
"CONSTRUCTION SITES", BY AMENDING
SECTION 14-100 "SECURING OF CONSTRUCTION
SITES"; TO REVISE TITLE OF SECTION 14-100 TO
BE "SECURING OF CONSTRUCTION SITES;
OTHER RESTRICTIONS"; REVISING EXISTING
REGULATIONS CONCERNING CONSTRUCTION
SITES TO CONFORM TO MIAMI-DADE COUNTY
CODE REFERENCE AND ADDING ADDITIONAL
PROVISIONS CONCERNING ENFORCEMENT AND
PENALTIES, PARKING OF CONSTRUCTION
WORKER VEHICLES, PROTECTION OF PUBLIC
ROADWAYS AND RIGHT OF WAY,
ENFORCEMENT OF NOISE REGULATIONS, AND
ESTABLISHING REQUIREMENTS FOR JOB SITE
MAINTENANCE, COMPLIANCE WITH JOB-SITE
PLAN, AND OTHER PURPOSES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN
CODE; PROVIDING FOR PENALTY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of A ventura finds that it is necessary to
further enhance the provisions of Section 14-100 of the City Code concerning activities at
construction sites and the impact of construction site activities upon the City; and
WHEREAS, the City Commission finds that this proposed Ordinance serves to further
enhance the protection of the public health, safety and welfare.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY
COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the above stated recitals is hereby adopted
and confirmed.
Ordinance No. 2006-05
Page 2
Section 2. City Code Amended. That Section 14-100 "Securing of Construction
Sites" of Article V "Construction Sites" of Chapter 14 "Buildings and Building Regulations" of
the City Code, is hereby amended by amending Section 14-100 to read as follows:'
Sec. 14-100 - Securing of Construction Sites: Other Reflulations.
(a) Securing of Site.
Security shall be provided at construction sites III accordance with this
section.
(b) Authority and Legislative Finding.
Pursuant to authority provided by the home rule powers of the State
Constitution and F.S. Chapter. 166 and Chapter. 163, the City is authorized
to adopt regulations designed to promote the public health, safety, and
welfare, as well as to adopt regulations controlling the use ofland.
(c) Intent and Purpose.
It is the purpose of this section to promote the public health, safety, and
general welfare and to minimize public and private losses arising as a result
of unauthorized access to construction sites, or from loose and unsecured
materials at construction sites during emergency weather conditions, by
enacting provisions designed to:
(1) Restrict or prohibit uses at construction sites which are dangerous
to health, safety, and property located off site.
(2) Require that construction sites within the City have access secured
by the provision of a locked fence and/or security guard.
(3) Require that access roads to construction sites be kept clear of
debris and be kept passable by motor vehicle at all times.
(4) Require that in the event of the issuance of a hurricane watch by
the United States Weather Bureau and in accordance with section
~ 8-16 of the Seath Plerisll BailQiBg Miami-Dade Countv
1/ Proposed additions to existiog City Code text are indicated by underlioe; proposed deletions from
existing City Code text are iodicated by slrikothrellgh; presently existing text is iodicated by the absence of
any underlining or slFikethrellghs.
2
Ordinance No. 2006-05
Page 3
Code, all construction sites must be secured, including the removal
or fastening of hazardous and loose objects.
ill Reauire practices which mitigate potential off-site impacts.
(d) Objectives, Applicability.
The objectives of this section are:
(1) To protect human life and health and to protect and oromote an
enhanced aualitv oflife in the Citv.
(2) To minimize the need for rescue and relief efforts associated with
insecure construction sites and hazardous weather conditions.
(3) To minimize damage to public and private facilities and property.
(4) Nothing in this division shall constitute a work place safety rule or
be construed to apply to any matters governed by Chapter 440, Fla.
Stat. or Federal OSHA Laws.
(e) Definitions.
The following words or phrases when used in this section shall have the
meanings ascribed to them herein:
(1) "Construction site" or "site" includes all sites where new
construction, remodeling, or additions take place, other than just
interior work which is not visible to the exterior of the premises.
(2) a. "Secure," in reference to items, includes fastening down or
removing all hazardous objects such as construction shacks,
temporary toilets, roofing tile, building materials, trash, forms,
insecure structures, temporary electric service poles, and
protection of exposed glass areas with storm shutters.
b. The term "secure," as applied to site access, includes protecting
the construction site, during the hours described herein in
paragraph (f)(2), by way of a locked fence surrounding the
perimeter of the site and/or the provision of a security guard.
(f) Prohibitions; Requirements.
(1) The owner, occupant or user of a construction site shall not engage in
any activity which poses a danger to persons located off of the
construction site, from debris, materials or activities carried on at the
3
Ordinance No. 2006-05
Page 4
construction site, and shall take necessary precautions. A contractor
engaging in work at a site or pulling a building permit for a site
constitutes a "user" of a site.
(2) The owner, occupant or user of a construction site (other than one
solely consisting of a single-family or duplex residence which is not
part of the construction of a development) shall secure the site from
unauthorized access between the hours of 6:00 p.m. of each day to
6:00 a.m. of the next day by the use of a locked fence and/or security
guard.
(3) The owner, occupant or user of a construction site shall keep all
access roads to the construction site clear of debris for safe travel by
authorized persons.
(4) In the event that a hurricane watch is issued by the United States
Weather Bureau, the owner, occupant or user of a construction site
shall comply with the requirements of section ~ 8-16 of the
Selita FleHeR Bailliiag Miami-Dade Countv Code, by taking all
steps necessary to secure the construction site, including removal or
securing of hazardous or loose objects.
ill Motor vehicles which are used bv construction workers and others
involved in the construction of the proiect at the site for the purpose
of commuting to or from the site. shall not be parked off of the site
of the proiect except in an area or location which shall be first
approved in writing bv the Citv Manager or his designee. Parking
areas are to be properlv screened from the public and shall not be
detrimental to the surrounding neighborhood. The Citv approval
shall be based on assuring that: public streets or rights-of-wav are
not blocked: that adequate parking remains for existing residences
and businesses: and that anv impact to public parking resources is
mitigated.
@ Anv construction vehicles or equipment involved in construction at a
site which block a public roadwav or right of way shall require a
Citv right-of-wav use permit and approval. with appropriate
conditions. as issued bv the Citv Manager or his designee. seventv
two (72) hours in advance of anv such activities which impact a
public roadwav or right ofwav.
ill The owner. occupant or user of a construction site shall complv with
the restrictions of Section 30-33(5) "Construction" of the Citv Code
which regulates noise related to construction activities.
4
Ordinance No. 2006-05
Page 5
ill The owner. occupant or user of a construction site shall comolete iob
site maintenance. on a dailv basis. prior to the conclusion of each
day's work. Dailv job site maintenance shall include the following:
ill Sweeoing of public roadways which are directly affected by
construction site dust. debris or activities:
(ill Pick uo and disposal of litter at or generated bv the
construction site:
(iii) Washing down of anv street signs or public facilities which are
impacted bv dust or debris from the construction site activitv;
(iv) Stacking of materials and equipment which are visible from a
public right-of-wav in an orderlv appearance:
(v) Stacking of construction materials in a manner which assures
that the materials and the material packaging shall not fall or be
transported into anv canals. lakes. drainage facilities or other
water bodies in the vicinity of the site:
(vi) Watering of exposed loose earth at the site so as to minimize
off-site transport of particulate matter;
(vii) Compliance with additional job site maintenance components
which are described in an applicable job-site plan (the "Plan")
for the project site.
m w.
The owner. occupant or user of anv construction site for a
commercial or institutional project of greater than ten
thousand (10.000) square feet of floor area and for anv
construction site for a residential project of greater than ten
(10) dwelling units. shall be reQuired to present a Plan to
the Citv Manager or his designee for approval prior to the
issuance of a building permit bv the Citv Building Official.
The Plan shall include the detailed plan of the owner.
occupant or user of the construction site for compliance
with each of the reQuirements of this Section 14-100. For
those construction sites for which an active building permit
has alreadv been issued. prior to the final adoption of this
section on May 2. 2006. the Plan shall be submitted on or
before June 5. 2006.
ill The Citv Manager or his designee shall review the Plan to
determine in his or her discretion whether such Plan
complies with the reQuirements of this section and
5
Ordinance No. 2006-05
Page 6
otherwise orovides for the orotection of the public health.
safetv and welfare. The Citv Manager or his designee shall
approve Of reiect any Plan within thirty (30) days of its
submission bv notifying the submitter identified in the
Plan. The Citv Manager or his designee shall identify the
reasons for reiection and provide an opportunity to cure the
deficiencies noted. Failure of the Citv Manager or his
designee to timelv notifv the submitter of a reiection shall
be deemed approval of the Plan.
ua The owner. occupant or user of the construction site shall.
at all times. abide bv the provisions of the approved Plan.
The Plan shall be in effect from the date of approval until
the completion of the construction proiect and issuance of a
Citv certificate of occupancv. Citv mav periodicallv
reQuire revisions to the Plan if problems arise with
compliance or if there is a change of conditions in the
locale.
@ In the event that the submitter of the Plan desires to make
anv material change with respect to anv of the provisions of
the Plan. the revisions shall be communicated to the Citv
Manager in writing. for the Citv Manager's approval. in
advance of the proposed change. Revisions shall be
processed in the same manner as the initial Plan.
~ {lQ} Any person receiving notice from the City's Building Official or Citv
Manager to comply with this section shall not fail or neglect to
promptly comply.
fgl Enforcement.
Failure to abide by the ProVISIOns of this section shall constitute a
violation of the City Code. Each day that a violation continues shall be
deemed a separate violation. A fine imposed for a violation of this
section shall be Two Hundred Fifty ($250.00) Dollars for a first
violation and shall be Five Hundred ($500.00) Dollars for a subsequent
or repeat violation. However. if the City's code enforcement Soecial
Master finds the violation to be irreparable or irreversible in nature.
the Special Master mav impose a fine not to exceed Five Thousand
($5.000.00) Dollars oer violation. Enforcement mav also be
implemented bv any other means which is authorized or allowed by
law.
Section 3.
Severabilitv. That the provisions of this Ordinance are declared to be
6
Ordinance No. 2006-05
Page 7
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 A ventura; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "0 rdinance" shall be changed to
"Section" or other appropriate word.
Section 5.
Penaltv. That any person who violates any provisions of this Ordinance
shall, upon conviction, be punished by a fine not to exceed $500.00 or imprisonment in the
County jail not to exceed sixty (60) days or both such fine and imprisonment. Each day that a
violation continues shall be deemed a separate violation. This Ordinance shall also be subject to
enforcement under the Local Government Code Enforcement Act, Chapter 162, F.S., as
amended, and City Code Section 2-331, et. seq., as amended. Enforcement may also be by suit
for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction or as
authorized by Section 162.22, Florida Statutes.
Section 6. Effective Date. That this Ordinance shall be effective immediately upon
adoption on second reading, and shall be applicable to uses, activities and operations which
exist on the effective date hereof as well as to uses, activities or operations which are
subsequently established.
7
Ordinance No. 2006-05
Page 8
The foregoing Ordinance was offered by Commissioner Holzberg, who moved its
adoption on first reading. This motion was seconded by Commissioner Auerbach, and upon
being put to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Harry Holzberg yes
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Commissioner Luz Urbilez Weinberg yes
Mayor Susan Gottlieb 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 Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbilez Weinberg
Mayor Susan Gottlieb
PASSED AND ADOPTED on first reading this 4th day of April, 2006.
8
Ordinance No. 2006-05
Page 9
PASSED AND ADOPTED on second reading this 2nd day of May, 2006.
Susan Gottlieb, Mayor
ATTEST:
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
r,~
City Attorney
9
/
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA
PROPOSED ORDINANCE - MAY 2, 2006
in the XXXX Court,
was published in said newspaper in the issues of
04/07/2006
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing th,is adv . ment for publication in the said
newspape
Sworn to and subscribed before me this
~
~
(SEAL) J':'a\. Mana I. Mesa
~ . MY Comm,s:,:on D0293855
O.V. FERBEYRE personall ~Ito In.e
Of ", Expires MarCIl 04, 2008
CITY OF AYDTURA
"-- ,;-
PUBLIC NOTIc. OF
PROPOS.DOR~~~~;i:
WTICE IS HEREBYGlVEN that on Tue~
at a meeting of the City Commission of theC!tQf.A
B:OO.p.m. in the~ Chamber at A~.
F19200 West CoUntry Club Drive,.Aventura.~. . . COmmission
'Wiftt:OnSidef the adoptiOntJHM.foIIowingO.diNll ~ ~!~ reeding,
ieiltltleci:" .'. . .' . . . . ',",' ..,' . .
.. . A. FLORIDA;
,P!~'
1'0". . . 1!'11JLE OF
SECTION 14--1CMt1'O .. i OF",CONSTRUCnON
SlTES;""OTHER RESTRICTIONS-; REVISING IDD8T1NG REGULA.
noNSCONCERNlNGC~CON!ORMTO
MIAMI-DADE COUNTY 'CODE R&I'EfIeNCE'.:AND ADDING
ADOITIONALPROVlSIONS:CONCERNiNGBtlJC)RCEIIEtn'AND.
PENALTIES, 'PARKING. OFCONSTJNC!IlON'.. WORKER
VEHICLES, PROTECTION OF PUBUCROADWAVSAtlIORlGHT'
OF WAY, ENFORctlMEtfT OF NOISE REGUlATIONS, AND
ESTABUSHING < REQUIREMENTS FOft ~"'. JOS;SlTE
MAINTENANCE, COMPLIANCE WITH J~PLAN.,:MD
OTHER PURPO$ES;PROVIDlNG FOR f.?EVERABItITV;
PROVIDING FORJllCt.USION..eoDE;~vtOING FOR.
PENAL TV; AND PROVIDING FOR AtYf.FI!CUII:PATE.
.JI-" . "'i'~' .....,..
:rile prOposed Ordinance'may be inspeci8d _.Pultlk: at the Office of
1he City CIef1(, 19200 WBiI<Country CMlbd)dwe.iA.wIotUra.FIorida.
Interested parties may~at the PUbI~be l'leard With
respect to the proposederdllilat\ce. Any ~10 addrellll the
.City Commission orl"8ny ilBtl<fat this Publie.MwW~do so after the
Mayor opens the public heliring;i '",< <0,,'; ':;.,.
<:)~'i:;'~
In accordance witlf1hr'Amerlcai1s with DlsabIIIIl8ll Act of 1~. .all
persons who areclisabled and who need' specIIt~tions to
participate in this proceeding because of that disabllllyi......contaat the
Office of the citY CIer1<, 3()5..466..89E)l.:not later t/leI):*_iness.days
prior to such proceedings. : , J.f;<(
'...; c., '
If a person decides to appeal any ~rnade by ttMlC\lycCQl11mission
with respect to any matter COI'lllid8Md ata:l\'I88tlng (lI'.~ thatperson
will need a record of the proceedinglSand; torsucn~. ..y need to
ensure that a veltiatim record of thef)fOO!ledingll _~ which record
includes the testimony and evidence QpOtl whIct;\,th&appeel is to be
based.
417
Teresa M. Soroka. MMC City Clerk
. . ,~~.11B63825M