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12-15-1998 Commission Agenda City of A ventura Citv Commission Artbur L Snyder, Mayor Harry Holzberg, Vice Mayor Citv Manal!er Eric M. Soroka Artbur Berger Jay R. Beskin Ken Coben Jeffrey M. Perlow Patricia Rogers-Libert Citv Clerk Teresa M. Smitb, CMC Citv Attornev Weiss Serota Helfman Pastoriza & Guedes AGENDA Commission Meeting December 15, 1998 - 6:00 P.M. Biscayne Medical Arts Center 21110 Biscayne Boulevard Suite 101 Aventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M. 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 these items, please indicate the item number you would like to address when the announcement regarding the quasi-judicial item is made. You must be sworn before addressing the Commission, and if you wish to address the Commission, you may be subject to cross-examination. If you refuse to submit to cross-examination, the Commission will not consider what you have said in its final deliberations. DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS PURSUANT TO ORDlNANCE %-09 A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA GRANTING SITE PLAN APPROVAL FOR A SELF-SERVICE STORAGE FACILITY IN A BU-2, SPECIAL BUSINESS DISTRICT AS REQUIRED PURSUANT TO SECTION 33-247(38) OF THE MIAMI-DADE COUNTY CODE; GRANTING A VARIANCE FROM CHAPTER 33 OF THE MIAMI-DADE COUNTY CODE TO ALLOW A FLOOR AREA RATIO OF 1.66, WHERE A MAXIMUM FLOOR AREA RATIO (FAR) OF 0.84 IS ALLOWED; GRANTING A VARIANCE FROM December 15, 1998 Commission Meeting CHAPTER 33 OF THE MIAMI-DADE COUNTY CODE REQUIRING A DECORATIVE MASONRY WALL AT LEAST FIVE (5) FEET IN HEIGHT ERECTED ON THE BUSINESS LOT OF THE COMMON PROPERTY LINE ADJACENT TO RESIDENTIAL PROPERTY WHERE A PROVISION OF CHAINLINK FENCE IS PROPOSED ON THE REAR PROPERTY LINE; GRANTING SPECIAL EXCEPTION APPROVAL FROM CHAPTER 33 OF THE DADE COUNTY CODE REQUIRING THAT RESIDENTIAL USES ARE SUBJECT TO PUBLIC HEARING APPROVAL IN A BU-2, SPECIAL BUSINESS DISTRICT WHERE A PROVISION OF A MANAGER'S APARTMENT ON SITE IS PROPOSED; DENYING A VARIANCE FROM SIGN ORDINANCE NO. 97-17 PERMITTING WALL SIGNS ONLY ON BUILDINGS WHERE THE MAJORITY OF THE FLOOR AREA IS IN RETAIL USE WHERE A PROVISION OF TWO (2) WALL SIGNS IS PROPOSED FOR A NON- RETAIL USE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF UNIMPROVED MIAMI-GARDENS DRIVE EXTENSION AND JACK SMITH BOULEVARD; PROVIDING AN EFFECTIVE DATE. B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA APPROVING A SIGN VARIANCE FOR BUSY BODY INC., LOCATED AT 21155 BISCAYNE BOULEVARD, TO PERMIT THE ERECTION OF A SECOND WALL SIGN ON THE SOUTH ELEVATION, SIGN SIZE NOT TO EXCEED 88 SQUARE FEET, WHERE ONE (1) WALL SIGN IS ALLOWED BY CODE; PROVIDING AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA APPROVING RELEASE OF MIAMI-DADE COUNTY RESOLUTION NO. 3166 WHICH GRANTED SPECIAL PERMIT APPROVAL TO ALLOW A CHILDREN'S AMUSEMENT PARK, ZOOLOGICAL GARDEN AND CIRCUS WINTER QUARTERS ON THE PROPERTY; APPROVING REZONING OF THE PROPERTY FROM IU-l, LIGHT INDUSTRIAL DISTRICT TO RU-4M, MODIFIED APARTMENT HOUSE DISTRICT; GRANTING VARIANCE FROM CHAPTER 33 OF THE MIAMI-DADE COUNTY CODE TO PERMIT A TOTAL LOT COVERAGE OF 32.66% WHERE A MAXIMUM LOT COVERAGE OF 30% IS ALLOWED FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF NE 28 COURT AND NE 185 STREET; PROVIDING AN EFFECTIVE DATE. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING MODIFICATION OF A PREVIOUS APPROVAL TO ALLOW THE EXPANSION OF AN EXISTING DAY-CAREIPRE-SCHOOUELEMENTARY SCHOOL FOR 2 December 15, 1998 Commission Meeting PROPERTY LOCATED AT 20400 NE 30 AVENUE: PROVIDING AN EFFECTIVE DATE. E. MOTION TO APPROVE REQUEST BY JOSEPH B. KALLER FOR WAIVER FROM MORATORIUM, SUBJECT TO CONDITIONS AS OUTLINED IN CITY MANAGER'S MEMORANDUM DATED DECEMBER 9, 1998 F. MOTION TO APPROVE REQUEST BY NORMAN LEOPOLD FOR WAIVER FROM MORATORIUM, SUBJECT TO CONDITIONS AS OUTLINED IN CITY MANAGER'S MEMORANDUM DATED DECEMBER 9, 1998 4. APPROVAL OF MINUTES: Commission Meeting Commission Workshop November 17, 1998 December la, 1998 5. AGENDA: Request for DeletionslEmergency Additions 6. SPECIAL PRESENTATIONS: None 7. CONSENT AGENDA: A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE CITY CODE BY CREATING ARTICLE V "CONSTRUCTION SITES" CONSISTING OF SECTION 14-100 "SECURING OF CONSTRUCTION SITES", OF CHAPTER 14 "BUILDINGS AND BUILDING REGULATIONS" TO PROVIDE FOR SECURING OF ACCESS TO AND MATERIALS AT CONSTRUCTION SITES WITHIN THE CITY: PROVIDING FOR AUTHORITY AND LEGISLATIVE FINDINGS, INTENT AND PURPOSE, OBJECTIVES, PROHmITIONS, DEFINITIONS, ADMINISTRATION: PROVIDING PENALTY: PROVIDING SEVERABILITY: PROVIDING INCLUSION IN CODE: PROVIDING EFFECTIVE DATE. (Establishes regulations for securing construction sites within the City) B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, SELECTING THE FIRM OF WALLACE ROBERTS & TODD TO PERFORM PROFESSIONAL PLANNING SERVICES RELATIVE TO ISQ NO. 98-10-28-2, COMMUNITY REDEVELOPMENT DISTRICT FEASmILITY STUDY: AUTHORIZING THE CITY MANAGER OF THE CITY OF A VENTURA, FLORIDA, ON BEHALF OF SAID CITY, TO NEGOTIATE THE TERMS AND FEES FOR SAID WORK: AUTHORIZING NEGOTIATIONS WITH ALTERNATE FIRM TO PERFORM THE REQUIRED SERVICES 3 December 15, 1998 Commission Meeting SHOULD NEGOTIATIONS WITH SELECTED FIRM BE UNSUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE. (Selects firm to perform community redevelopment district feasibility study) C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF A VENTURA AND THE CITY OF HALLANDALE FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FORAN EFFECTIVE DATE (Authorizes execution of Mutual Aid Agreement for police services with the City of Hallandale) D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF A VENTURA AND BAL HARBOUR VILLAGE FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FORAN EFFECTIVE DATE. (Authorizes execution of Mutual Aid Agreement for police services with BaI Harbour Village) E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA BEAUTIFICATION ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE. (Provides for re-appointment of members to the Beautification Advisory Board) F. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 26 "ELECTIONS" AT ARTICLE II "CITY COMMISSION AND MAYOR" BY CREATING SECTION 26-32 "COMMENCEMENT OF TERM OF ELECTED OFFICIALS"; PROVIDING FOR COMMENCEMENT OF TERM OF OFFICE OF ELECTED OFFICIALS OF THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. (Establishes the commencement of terms of office of elected officials) G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 15414.51 4 December 15, 1998 Commission Meeting FOR THE PREPARATION OF CONSTRUCTION PLANS AND DOCUMENTS FOR NE 185TH STREET AND NE 28TH COURT IMPROVEMENTS BY AND BETWEEN THE CITY OF A VENTURA AND KEITH AND SCHNARS, P.A.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Authorizes City Manager to execute Work Authorization with Keith & Schnars to prepare construction plans and documents for improvements on NE 18Sth Street and NE 28th Court) H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED STANDARD FORM OF AGREEMENT BETWEEN OWNER (CITY OF A VENTURA) AND CONSTRUCTION MANAGER (JAMES A. CUMMINGS, INC.) FOR THE CONSTRUCTION OF THE GOVERNMENT CENTER PROJECT; ESTABLISHING THE GUARANTEED MAXIMUM PRICE AT $13,028,946; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE (Authorizes City Manager to execute Agreement for construction of Government Center at a Guaranteed Maximum Price of $13,028,946) I. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED CHANGE ORDER FOR BID NO. 98-2-2-2 BY AND BETWEEN THE CITY AND M. VILA & ASSOCIATES, INC.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Authorizes City Manager to execute Change Order for Founders Park development relative to drainage system, water service line and additional concrete slabs) J. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, ADJUSTING THE 1997/98 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHffilT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Final cleanup budget amendment for fiscal year 1997/98) 5 December 15, 1998 Commission Meeting K. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA APPROVING THE WILLIAMS ISLAND FIFTH AMENDED FINAL PLAT SECTION 10, TOWNSHIP 52 SOUTH, RANGE 42 EAST CITY OF A VENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE. (Approves Williams Island Fifth Amended Final Plat) 8. PUBLIC HEARING: ORDINANCES - FIRST READING: None 9. PUBLIC HEARINGS: ORDINANCES - SECOND READING: A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 34 "PLANNING AND ZONING", AMENDING ARTICLE IV "ZONING" AT DIVISION I "GENERALLY" TO CREATE SECTION 34-95 "RESTRICTION UPON VARIANCE AND OTHER DEVELOPMENT APPLICATIONS"; TO PROHffiIT ACTION UPON APPLICATIONS PRIOR TO ABATEMENT OF VIOLATION; REQUIRING REMOVAL BOND UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE B. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO. 98-22, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 1998/99 FISCAL YEAR BY REVISING THE 1998/99 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHffiIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. C AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, ADOPTING THE COMPREHENSIVE PLAN OF THE CITY OF A VENTURA (THE "PLAN"), PURSUANT TO SECTION 163.3161, ET SEQ. FLORIDA STATUTES, "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT;" PROVIDING FOR SEVERABILITY; REPLACING PREVIOUSLY APPLICABLE MIAMI- DADE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. 10. RESOLUTIONS: None 11. OTHER BUSINESS: 6 December 15, 1998 Commission Meeting MOTION TO AUTHORIZE THE CITY ATTORNEY AND CITY MANAGER TO PREPARE REGULATIONS RELATING TO WINDSHIELD ADVERTISING FLYERS (COMMISSIONER BE SKIN) 12. REPORTS 13. PUBLIC COMMENTS 14. ADJOURNMENT SCHEDULE OF FUTURE MEETINGSIEVENTS: COMMISSION MEETING JANUARY 5,1999 6 P.M. COMMISSION WORKSHOP JANUARY 19, 1999 6P.M* 'Government Center 2999 NE 191" Street Suite 500 This metting is open to1hepublic. In accordancewith 1he Americans with Disabilities Ad of 1990, aU persons who are disabled and who need special accormnodations to participate in this metting because of that disability should contact the Office oCthe City Clerk, 466-8901, not later than two days prior to such proceeding. Anyone wishingto appeal any decision made by the Aventura City Conumssion with respect to any matter considef'ed at such meeting or hearing will need a record of the proceedings and, for suOO pwpose, may need to ensure that a verbatim record of the proceedings is made, whidl record includes the testimony and evidooce upon which the appeal is to be based. Agmda items may be viewed at the Office of the City Clerk, City of Aventura GovertUllWt Center, 2999 NE 191- Street, Suite 500, Avernura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 466-8901. 7 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission ~na,~ Eric M. Soroka, Ci Brenda Kelley, Comm~..~evelopment Direct~M~4~ December 9, 1998 Request of United Stor-AII Centers, Inc. for Site Plan approval, special exception approval and associated non-use variances to construct a Self- service storage facility. (01-SP-98) December 15, 1998 City Commission Meeting Agenda Item At the request of the applicant, this item was deferred from the November 17, 1998 City Commission meeting. RECOMMENDATION It is recommended that the City Commission take the following actions with conditions as outlined herein: 1) approve the Site Plan for the property; and 2) approve the non-use variance request for a floor area ratio (F.A,R.) greater than that allowed by Code; and 3) approve the non-use variance request to waive the required decorative masonry wall along the rear property line; and 4) approve the special exception to permit a manager's apartment on the premises; and 5) deny the request for sign variance to allow two (2) wall signs. However, staff would recommend that one (1) wall sign be allowed, stating the business name, in lieu of the allowed monument sign. Such wall sign shall not exceed 48 square feet in size. THE REQUEST The applicant, United Stor-AII Centers, Inc., is requesting Site Plan approval, special exception approval and associated non-use variances to construct a Self-service storage facility at the southeast corner of the unimproved extension of Miami Gardens Drive and Jack Smith Boulevard. The requests are as follows: 1. Site Plan approval for Self-service storage facilities in a BU-2, Special Business District as required pursuant to Section 33-247(38) of the Miami-Dade County Code; and 2. Variance from Chapter 33 of the Miami-Dade County Code to allow a floor area ratio of 1.66, where a maximum floor area ratio (FAR) of 0.84 is allowed; and 3. Variance from Section 33-253.7, Chapter 33 of the Miami-Dade County Code requiring a decorative masonry wall at least five (5) feet in height erected on the business lot of the common property line adjacent to residential property. (Provision of chainlink fence is proposed on rear property line.); and Special Exception from Chapter 33 of the Dade County Code requiring that residential uses are subject to public hearing approval in a BU-2, Special Business District. (Provision of a manager's apartment on site is proposed); and 5. Variance from Sign Ordinance No. 97-17 permitting wall signs only on buildings where the majority of the floor area is in retail use. (Provision of two (2) wall signs is proposed for a non-retail use). BACKGROUND OWNER OF PROPERTY APPLICANT ADDRESS OF PROPERTY SIZE OF PROPERTY Gary Cohen, Trustee United Stor-AII Centers, Inc. The southeast corner of unimproved Miami- Gardens Drive extension and Jack Smith Boulevard (see Exhibit #2 for Location Map) Approximately 1.24 acres 2 LEGAL DESCRIPTION Tract "C" of Biscayne Commercial, according to the plat thereof, as recorded in Plat Book 143 at Page 38 of the Public Records of Miami-Dade County, Florida. Zoning - Subject Property: Property to the North: Property to the South: Property to the East: Property to the West: BU-2, Special Business District Miami Gardens Drive Extension right-of-way followed by BU-2, Special Business District and BU-1A, Limited Business District BU-2, Special Business District IU-1, Light Industrial District BU-2, Special Business District Existing Land Use- Subject Property: Property to the North: Property to the South: Property to the East: Property to the West: vacant Miami Gardens Drive Extension right-of-way followed by vacant property existing apartments and approved (future) Adult Congregate Living Facility (ACLF) industrial uses retail uses Future Land Use - According to the Adopted 2000 and 2010 Land Use Plan for Metro- Dade County, Florida, the following properties are currently designated as follows: Subject Property: Property to the North: Property to the South: Property to the East: Property to the West: Business and Office Miami Gardens Drive Extension right-of-way followed by Business and Office Business and Office Medium High Density Residential Business and Office The Site- The subject property, located at the southeast corner of unimproved Miami-Gardens Drive extension and Jack Smith Boulevard, is an irregular shaped piece of land approximately 240 feet deep by 290 feet at the widest point. (see Exhibit #2 for Location Map). The Project - The applicant is proposing a five-story, 64 ft. high, Self-service storage facility to be named "Storage USA Aventura". The facility will contain 738 air- conditioned storage units of varying sizes, not to exceed 400 sq. ft. The facility will also have an on-site manager's office on the first floor and a manager's apartment on the second floor. The applicant does not propose truck rentals or leasing in conjunction with the facility. 3 ANALYSIS Consistency with Comprehensive Master Plan - The request is not inconsistent with the Miami-Dade County Comprehensive Development Master Plan. Citizen Input- The Community Development Department has not received any written comments regarding this application. Review by Other ARencies: DERM- DERM has reviewed the subject application and has determined that it meets the minimum requirements of Chapter 24 of the Code of Miami-Dade County, Florida... Additionally, DERM has also evaluated the request insofar as the general environmental impact that may derive from it and after reviewing the available information offers no objection to its approval. Review by City Departments Landscape Architect- The City Landscape Architect has approved the proposed Landscape Plan. Community Development Department Analysis - Request #1: Site Plan approval for Self-service storage facilities in a BU-2, Special Business District as required pursuant to Section 33-247(38) of the Miami-Dade County Code. Section 33-247(38) of the Miami-Dade County Code reads: (38) Self-service storage facility. Use will only be permitted upon the submission of a site plan which shall be approved at public hearing by the Board of County Commissioners, "Self-service storage facility" shall be defined as a fully enclosed space used for warehousing which contains individual storage units with floor area no greater than four hundred (400) sq. f. and an interior height not to exceed twelve (12) feet. No wholesale or retail sales are permitted. The facility is a fully enclosed space to be used for warehousing which contains individual storage units with floor area no greater than 400 sq. ft. and interior height not exceeding 12 ft. No wholesale or retail sales are proposed. 4 Request #2: Variance from Chapter 33 of the Miami-Dade County Code requiring a 0.84 floor area ratio (F.A.R.). (Provision of a 1.66 F.A.R. is proposed.) The guidelines for approval of non-use variances as required by Miami-Dade County Code Section 33-311(e)(2) require: 1. The non-use variance maintains the basic intent and purpose of the zoning, subdivision and other land use regulations, which is to protect the general welfare of the public, particularly as it affects the stability and appearance of the community and provided that the non-use variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. According to the Code, the floor area ratio shall not exceed 0.84 F.A.R. for a five-story building. The applicant is requesting an F.A.R. (total gross floor area / total lot area) of 1.66. This F.A.R. allows for a more intense development and a taller building. Staff believes that the non-use variance request to exceed the allowable F.A.R. will not adversely affect the appearance of the community for several reasons. The proposed building, at a height of 64 ff., is compatible with the surrounding existing retail, office and industrial uses. The height of the building is also consistent with the existing fourteen-story (126.67 ft.) Imperial Club apartment building to the south and with the approved eight-story (99.33 ft.) Adult Congregate Living Facility to the immediate south. The lot coverage for the proposed development, at 33.2%, is well below the maximum allowed (40.0%). Furthermore, the traffic generated by a Self- service storage facility is very minimal. As evidence, the Code only requires one (1) parking space per 5,000 sq. ft. of building area, as opposed to office, which requires one (1) space for every 300 sq. ft. and retail, which requires one (1) space for every 260 sq. ft. Staff believes that the increased F.A.R. will not adversely affect the stability of the community in terms of traffic generated. 2. No showing of unnecessary hardship to the land is required. Request #3: Variance from Section 33-253.7, Chapter 33 of the Miami-Dade County Code requiring a decorative masonry wall at least five (5) feet in height erected on the business lot of the common property line adjacent to residential property. (Provision of C. L. fence is proposed on rear property line.) The guidelines for approval of non-use variances as required by Miami-Dade County Code Section 33-311(e)(2) require: 5 The non-use variance maintains the basic intent and purpose of the zoning, subdivision and other land use regulations, which is to protect the general welfare of the public, particularly as it affects the stability and appearance of the community and provided that the non-use variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community, The applicant is proposing a chain link fence along the common property line with the residential property to the south. The intent of the code requirement for the decorative 5' wall is to screen the business use from the adjacent residential use. The proposed chain link fence will provide an adequate buffer between the two uses with sufficient maintained landscaping. Furthermore, staff recommends approval of the chain link fence so as to eliminate possible graffiti problems in this area. 2. No showing of unnecessary hardship to the land is required. Request #4: Special Exception from Chapter 33 of the Dade County Code requiring that residential uses are subiect to public hearing approval in a BU-2, Special Business District. (Provision of an on site manager's apartment is proposed). According to Article XXXVI, Section 33-311(d) of the Miami-Dade County Code a Special Exception request is to be evaluated using the following criteria: 1. The request would not have an unfavorable effect on the economy of Miami-Dade County: The request to permit a manager's apartment on the second floor of the facility would not have an unfavorable effect on the economy of Miami-Dade County or the City of Aventura. 2. The request would not generate or result in excessive noise or traffic, cause undue or excessive burden on public facilities, including water, sewer, solid waste disposal, recreation, transportation, streets, roads, highways or other such facilities which have been constructed or which are planned and budgeted for construction; and The request to permit a manager's apartment would not generate or result in excessive noise or traffic, or cause undue or excessive burden on public facilities. The request would not tend to create a fire or other equally or greater dangerous hazards, or provoke excessive overcrowding or concentration of people or population; and The request to permit a manager's apartment would not tend to create a fire or other equally or greater dangerous hazard, or provoke excessive overcrowding or concentration of people or population. The necessity for and reasonableness of such applied for exception in relation to the present and future development of the area concerned and the compatibility of the applied for exception with such area and its development. The request to permit a manager's apartment is reasonable and is necessary when considering the security of the facility. The apartment will not be discernable from the outside and will be compatible with the surrounding area. Request #5: Variances from Si,qn Ordinance No. 97-17 permitting wall si.qns only on buildin.qs where the majority of the floor area is in retail use and permitting a wall si.qn which displays services or products as opposed to the business name. (Provision of two (2) wall signs is proposed for a non-retail use, one of which displays services or products as opposed to the business name). The criteria for approval of Sign Variances as required by the City of Aventura Sign Ordinance (No. 97-17) require: The sign variance maintains the basic intent and purpose of the regulations, particularly as it affects the stability and appearance of the City and provided that the Variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship is required. The requested variance to permit two (2) wall signs on the building of a non- retail use does not preserve or enhance the unique aesthetic character of the City. Staff does, however, support the request for one (1) of the wall signs with the condition that the applicant forego rights to the allowed monument sign for the property. Due to the location of the Self-service storage facility, a wall sign, rather than a monument sign would better serve the intent of the Ordinance for signs to be legible under the circumstances in which they ara seen. Access and visibility to the property ara currently limited since the property fronts unimproved Miami Gardens Drive Extension. 7 The requested variance to permit a wall sign to read "Self Storage" does not maintain the basic intent and purpose of the Sign Ordinance. Signs that display services or products as opposed to the business name are expressly prohibited by the Ordinance. RECOMMENDATION It is recommended that the City Commission take the following actions with conditions as outlined herein: 1) approve the Site Plan for the property; and 2) approve the non-use variance request for a floor area ratio (F.A.R.) greater than that allowed by Code; and 3) approve the non-use variance request to waive the required decorative masonry wall along the rear property line; and 4) approve the special exception to permit a manager's apartment on the premises; and 5) deny the request for sign variance to allow two (2) wall signs. However, staff would recommend that one (1) wall sign be allowed, stating the business name, in lieu of the allowed monument sign. Such wall sign shall not exceed 48 square feet in size. STANDARD CONDITIONS 1. Plans shall substantially comply with those submitted as follows: Site Plan, Storage USA Aventura, Sheet 1 of 12, prepared by Architectural Associates, Inc., revision date 5/7/98, signed and sealed dated 12/9/98; and Street Elevation, Storage USA Aventura, Sheet 1-A of 12, prepared by Architectural Associates, Inc., dated 8/14/98, signed and sealed dated 12/9/98; and Details, Storage USA Aventura, Sheet 2 of 12, prepared by Architectural Associates, Inc., revision date 8/17/98, signed and Front Elevation, Storage USA Aventura, Sheet 3 Associates, Inc., revision date 8/17/98, signed and West Elevation, Storage USA Aventura, Sheet 4 Associates, Inc., revision date 8/17/98, signed and East Elevation, Storage USA Aventura, Sheet 5 Associates, Inc., South Elevation, Associates, Inc., sealed dated 12/9/98; and of 12, prepared by Architectural sealed dated 12/9/98; and of 12, prepared by Architectural sealed dated 12/9/98; and of 12, prepared by Architectural signed and sealed dated 12/9/98; and Storage USA Aventura, Sheet 6 of 12, prepared by Architectural signed and sealed dated 12/9/98; and 8 · 1st Floor Unit Layout, Storage USA Aventura, Sheet 7 of 12, prepared by Architectural Associates, Inc., revision date 5/11/98, signed and sealed dated 12/9/98; and · 2r~ Floor Unit Layout, Storage USA Aventura, Sheet 8 of 12, prepared by Architectural Associates, Inc., revision date 5/11/98, signed and sealed dated 12/9/98; and · 3"d Floor Unit Layout, Storage USA Aventura, Sheet 9 of 12, prepared by Architectural Associates, Inc., revision date 5/11/98, signed and sealed dated 12/9/98; and · 4th Floor Unit Layout, Storage USA Aventura, Sheet 10 of 12, prepared by Architectural Associates, Inc., dated 2/25/98, signed and sealed dated 12/9/98; and · 5th Floor Unit Layout, Storage USA Aventura, Sheet 11 of 12, prepared by Architectural Associates, Inc., revision date 5/11/98, signed and sealed dated 12/9/98; and · Roof Plan, Storage USA Aventura, Sheet 12 of 12, prepared by Architectural Associates, Inc., revision date 5/11/98, signed and sealed dated 12/9/98; and · Planting Plan, Storage USA Aventura, Sheet LA-l, prepared by Rosenberg Design Group, revision date 7/15/98; and · Landscape Specifications and Plant List, Storage USA Aventura, Sheet LA-2, prepared by Rosenberg Design Group, revision date 7/15/98; and · Perspective 2, prepared by Architectural Associates, Inc., signed and sealed dated 12/9/98; and · Paving and Drainage Plan, Storage USA Aventura, Sheet of C-1 of C-2, prepared by Architectural Associates, Inc., revision date 7/16/98, signed and sealed dated 12/9/98; and · Water and Sewer Plan, Storage USA Aventura, Sheet of C-2 of C-2, prepared by Architectural Associates, Inc., dated 3/18/98, signed and sealed dated 12/9/98. Applicant shall obtain building permits within 12 months of the date of this Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. PROJECT SPECIFIC CONDITIONS The abandonment and dedication of easements as required by Miami-Dade Water and Sewer Department, the City of North Miami Beach and Peoples Gas shall be completed prior to the issuance of the first building permit for the property. = Applicant shall construct improvements to Miami Gardens Drive in accordance with design approved by the City Engineer. Such improvements shall be completed prior to the issuance of the Certificate of Occupancy for the development. 9 Applicant shall bond for improvements to Jack Smith Boulevard in the amount established by the City Manager. Such bond shall be in a form approved by the City Attorney and shall be submitted prior to the issuance of the first building permit for the property. One (1) wall sign, with the business name only, no greater than 48 square feet, be allowed on either the north or west building elevation. No additional exterior wall signs shall be allowed on any wall of the Self-service storage facility. The property owner shall relinquish all rights to the permitted Monument Sign for the property. /staff reports/01 -SP-98 Storage USA 10 RONALD A~ S}L~PO ~HAPO, FREEDMAN & ~LOOM, P.A. April 3, 1998 VIA HAND DELIVERY Brenda Kelley, Acting Director Community Development Department city of Aventura 2999 N.E. 191 Street Suite 500 Aventura, FL. 33180 APR 0 .t 1998 ~"'OMMUNiTy DEVEi. Oi,M~Ny Re: Re-submitted Application Biscayne Boulevard at N.E. Application #01SP98 for Property Located East of 186th Street (the "Property") Dear Ms. Kelley: The above application is filed in order to permit the development of the subject Property for the highest quality Self- Storage Facility. The Property is currently zoned BU-2 and is essentially surrounded by commercial and high intensity uses (IU-1 and BU1-A). The requested use will conveniently serve an important need in the community and is far less intense a use than the existing zoning would otherwise permit (e.g., department stores, offices, auto sales, etc.). traffic, parking and other almost any other BU-2 use. is minor, but is necessary proceed. Indeed, self-storage creates minimal impacts on infrastructure compared to In that context, the requested variance to allow this largely passive use to The Plan has been modified and improved in many respects. The revised design has placed a major emphasis on landscapinq -- which has been increased to 240% of the prior plan and is now double the required percentage, similarly, open space is 240% of the prior plan and nearly double the required. The area of the building was reduced 5000 sq. ft. and reconfigured on the site, increasing the key set-backs by up to 100% (is doubling set-backs on the west and south, with a 25'-30' increase on the North). The requested F.A.R. is reasonable in relation to the over-all site plan, particularly the size and irregular shape of the Property, the existing BU-2 zoning and the uses on the surrounding properties. EXHIBIT #1 Brenda Kelley, Acting Director Community Development Department Page Two April 3, 1998 Ail parking and set-back requirements are met and, for the most part, exceeded. The proposed Facility will be air-conditioned, completely enclosed, will be secure, have an on-site manager's office and feature attractive landscaping. Further, unlike many twenty-four hour self-storage facilities, the proposed project will not be open after 9 p.m. The aesthetic appearance of the facilities developed by the operator are extraordinary, and set the standard for self-storage designs. The Facility will be developed by one of the nation's leading self-storage operators which has a well deserved reputation for outstanding performance and on-going maintenance and operation of the highest quality. The proposed site plan is consistent with that experience and expertise. For all of the foregoing reasons, we respectfully believe that the Application merits approval. RONALD A. SHAPO RAS/nbm enclosures cc: United Stor-All Centers, 6240.001 040398 (10:22) F:\WPDATA\02\LTR\85586. BROWARD O3UNT~ DADE COUNTY Promenade ShOps 203 ST. 201 TER. AVENTURA Mall 192 ST. SUBJECT PROPERTY ~ of Aventura 188 ST, 33180 33' LEGEND Roadways City Boundary - - IBIT #2 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING SITE PLAN APPROVAL FOR A SELF-SERVICE STORAGE FACILITY IN A BU-2, SPECIAL BUSINESS DISTRICT AS REQUIRED PURSUANT TO SECTION 33-247(38) OF THE MIAMI-DADE COUNTY CODE; GRANTING A VARIANCE FROM CHAPTER 33 OF THE MIAMI-DADE COUNTY CODE TO ALLOW A FLOOR AREA RATIO OF 1.66, WHERE A MAXIMUM FLOOR AREA RATIO (FAR) OF 0.84 IS ALLOWED; GRANTING A VARIANCE FROM CHAPTER 33 OF THE MIAMI- DADE COUNTY CODE REQUIRING A DECORATIVE MASONRY WALL AT LEAST FIVE (5) FEET IN HEIGHT ERECTED ON THE BUSINESS LOT OF THE COMMON PROPERTY LINE ADJACENT TO RESIDENTIAL PROPERTY WHERE A PROVISION OF CHAINLINK FENCE IS PROPOSED ON THE REAR PROPERTY LINE; GRANTING SPECIAL EXCEPTION APPROVAL FROM CHAPTER 33 OF THE DADE COUNTY CODE REQUIRING THAT RESIDENTIAL USES ARE SUBJECT TO PUBLIC HEARING APPROVAL IN A BU-2, SPECIAL BUSINESS DISTRICT WHERE A PROVISION OF A MANAGER'S APARTMENT ON SITE IS PROPOSED; DENYING A VARIANCE FROM SIGN ORDINANCE NO. 97-17 PERMITTING WALL SIGNS ONLY ON BUILDINGS WHERE THE MAJORITY OF THE FLOOR AREA IS IN RETAIL USE WHERE A PROVISION OF TWO (2) WALL SIGNS IS PROPOSED FOR A NON-RETAIL USE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF UNIMPROVED MIAMI-GARDENS DRIVE EXTENSION AND JACK SMITH BOULEVARD; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned BU-2, Special Business District; and WHEREAS, the Applicant, United Stor-AII Centers, Inc., through Application No. 01-SP-98, has applied for the following: Resolution No. Page 2 1. Site Plan approval for Self-servica storage facilities in a BU-2, Special Business District as required pursuant to Section 33-247(38) of the Miami-Dade County Code; and Variance from Chapter 33 of the Miami-Dade County Code to allow a floor area ratio of 1.66, where a maximum floor area ratio (FAR) of 0.84 is allowed; and Variance from Section 33-253.7, Chapter 33 of the Miami-Dade County Code requiring a decorative masonry wall at least five (5) feet in height erected on the business lot of the common property line adjacent to residential property where a provision of chainlink fence is proposed on the rear property line; and 4. Special Exception from Chapter 33 of the Dade County Code requiring that residential uses are subject to public hearing approval in a BU-2, Special Business District where a provision of a manager's apartment on site is proposed; and 5. Variance from Sign Ordinance No. 97-17 permitting wall signs only on buildings where the majority of the floor area is in retail use where a provision of two (2) wall signs is proposed for a non-retail use. on that certain property located at the southeast corner of unimproved Miami-Gardens Drive extension and Jack Smith Boulevard in Aventura, Florida as legally described as follows: Tract "C" of Biscayne Commercial, according to the plat thereof, as recorded in Plat Book 143 at Page 38 of the Public Records of Miami- Dade County, Florida; and Resolution No. Page 3 WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Site Plan approval for the self-service storage facility in a BU-2, Special Business District as required pursuant to Section 33-247(38) of the Miami- Dade County Code is hereby granted, subject to conditions as outlined herein. Section 2. Variance from Chapter 33 of the Miami-Dade County Code requiring a 0.84 floor area ratio (F.A.R.) where a provision of a 1.66 FA.R. is proposed is hereby granted, subject to conditions as outlined herein. Section 3. Variance from Section 33-253.7, Chapter 33 of the Miami-Dade County Code requiring a decorative masonry wall at least five (5) feet in height erected on the business lot of the common property line adjacent to residential property where a provision of chainlink fence is proposed on the rear property line is hereby granted, subject to conditions as outlined herein~ Section 4. Special Exception from Chapter 33 of the Dade County Code requiring that residential uses are subject to public hearing approval in a BU-2, Special Business District where a provision of a manager's apartment on site is proposed, is hereby granted, subject to conditions as follows: Resolution No. Page 4 STANDARD CONDITIONS 1. Plans shall substantially comply with those submitted as follows: Site Plan, Storage USA Aventura, Sheet 1 of 12, prepared by Architectural Associates Inc., revision date 5/7/98, signed and sealed dated 12/9/98; and · Street Elevation, Storage USA Aventura, Sheet 1-A of 12, prepared by Architectural Associates Inc., dated 8/14/98, signed and sealed dated 12/9/98; and · Details, Storage USA Aventura, Sheet 2 of 12, prepared by Architectural Associates Inc., revision date 8/17/98, signed and sealed dated 12/9/98; and · Front Elevation, Storage USA Aventura, Sheet 3 of 12, prepared by Architectural Associates Inc., revision date 8/17/98, signed and sealed dated 12/9/98; and · West Elevation, Storage USA Aventura, Sheet 4 of 12, prepared by Architectural Associates Inc., revision date 8/17/98, signed and sealed dated 12/9/98; and · East Elevation, Storage USA Aventura, Sheet 5 of 12, prepared by Architectural Associates Inc., signed and sealed dated 12/9/98; and · South Elevation, Storage USA Aventura, Sheet 6 of 12, prepared by Architectural Associates Inc., signed and sealed dated 12/9/98; and · 1~ Floor Unit Layout, Storage USA Aventura, Sheet 7 of 12, prepared by Architectural Associates, Inc., revision date 5/11/98, signed and sealed dated 12/9/98; and Resolution No. Page 5 · 2nd Floor Unit Layout, Storage USA Aventura, Sheet 8 of 12, prepared by Architectural Associates, Inc., revision date 5/11/98, signed and sealed dated 12/9/98; and · 3'd Floor Unit Layout, Storage USA Aventura, Sheet 9 of 12, prepared by Architectural Associates, Inc., revision date 5/11/98, signed and sealed dated 12/9/98; and · 4th Floor Unit Layout, Storage USA Aventura, Sheet 10 of 12, prepared by Architectural Associates, Inc., dated 2/25/98, signed and sealed dated 12/9/98; and · 5th Floor Unit Layout, Storage USA Aventura, Sheet 11 of 12, prepared by Architectural Associates, Inc., revision date 5/11/98, signed and sealed dated 12/9/98; and · Roof Plan, Storage USA Aventura, Sheet 12 of 12, prepared by Architectural Associates, Inc., revision date 5/11/98, signed and sealed dated 12/9/98; and · Planting Plan, Storage USA Aventura, Sheet LA-l, prepared by Rosenberg Design Group, revision date 7/15/98; and · Landscape Specifications and Plant List, Storage USA Aventura, Sheet LA-2, prepared by Rosenberg Design Group, revision date 7/15/98; and · Perspective 2, prepared by Architectural Associates, Inc., signed and sealed dated 12/9/98; and Resolution No. Page 6 · Paving and Drainage Plan, Storage USA Aventura, Sheet of C-1 of C-2, prepared by Architectural Associates, Inc., revision date 7/16/98, signed and sealed dated 12/9/98; and · Water and Sewer Plan, Storage USA Aventura, Sheet of C-2 of C-2, prepared by Architectural Associates, Inc., dated 3/18/98, signed and sealed dated 12/9/98. 2. Applicant shall obtain building permits within 12 months of the date of this Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. PROJECT SPECIFIC CONDITIONS 1. The abandonment and dedication of easements as required by Miami-Dade Water and Sewer Department, the City of North Miami Beach and Peoples Gas shall be completed prior to the issuance of the first building permit for the property. 2. Applicant shall construct improvements to Miami Gardens Drive in accordance with design approved by the City Engineer. Such improvements shall be completed prior to the issuance of the Certificate of Occupancy for the development. 3. Applicant shall bond for improvements to Jack Smith Boulevard in the amount established by the City Manager. Such bond shall be in a form approved by the City Attorney and shall be submitted prior to the issuance of the first building permit for the property. 4. One (1) wall sign, with the business name only, no greater than 48 square feet, be allowed on either the north or west building elevation. Resolution No. Page 7 5. No additional exterior wall signs shall be allowed on any wall of the Self-service storage facility. 6. The property owner shall relinquish all rights to the permitted Monument Sign for the property. Section 5. Variance from Sign Ordinance No. 97-17 permitting wall signs only on buildings where the majority of the floor area is in retail use where a provision of two (2) wall signs is proposed for a non-retail use is hereby denied. Section 6. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section7. This Resolution shall become effective immediately upon its adoption, The foregoing Resolution was offered by its adoption. The motion was seconded by put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Jeffrey M Perlow Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Arthur I. Snyder , who moved , and upon being Resolution No. Page 8 PASSED AND ADOPTED this 15th day of December, 1998. ATTEST: Arthur I. Snyder, Mayor Teresa M. Smith, CMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: CITYATTORNEY This Resolution was filed in the Office of the City Clerk this __ day of CITY CLERK CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM BY: Brenda Kelley, C TO: City Commission FROM: Eric M. Soroka, City DATE: December 10,1998 SUBJECT: Request of Busy Body Inc. for a Sign Variance to allow a second wall sign where only one (1) wall sign is allowed. (03-SV-99) December 15,1998 City Commission Meeting Agenda Item ~ RECOMMENDATION It is recommended that the City Commission deny the request for a Sign Variance in that it does not meet the criteria for granting of variances found in the City's Sign Ordinance. THE REQUEST The applicant, Busy Body Inc., is requesting a Sign Variance to permit one (1) additional wall sign of approximately 88 sq. ft. on the south (southwest) elevation of Busy Body Home Fitness where one (1) wall sign already exists on the west (northwest) elevation of the tenant space. The applicant is allowed one (1) wall sign by Code (See Exhibit #1 for letter of intent). BACKGROUND OWNER OF PROPERTY Aventura Commons Associates, Ltd. NAME OF APPLICANT Busy Body, Inc. ADDRESS OF PROPERTY 21155 Biscayne Boulevard #2B SIZE OF PROPERTY Approximately 25 acres LEGAL DESCRIPTION Tract "D" Aventura Commons, Plat Book 151, Page 58 of The Public Records of Dade County, Florida. Zoning - Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: BU-2, Special Business District BU-2, Special Business District BU-2, Special Business District BU-2, Special Business District Biscayne Boulevard and the FEC Railroad R/W Existing Land Use- Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Retail Retail strip center and restaurants Retail strip center and restaurants Retail strip center and restaurants Biscayne Boulevard and the FEC Railroad RNV Future Land Use - According to the Adopted 2000 and 2010 Land Use Plan for Miami- Dade County, Florida, the following properties are currently designated as follows: Subject property: Property to the North: Property to the South: Property to the East: Property to the West: Business and Office Business and Office Business and Office Business and Office Biscayne Boulevard and the FEC Railroad R/VV The Site - The subject site, the Aventura Commons Shopping Center, is located at the southeast corner of Biscayne Boulevard and NE 213 Street (See attached Exhibit #2). The Project- Busy Body Home Fitness is located in an outparcel in the Aventura Commons Shopping Center, fronting on Biscayne Boulevard. Busy Body Home Fitness is located at the south side of a building shared with Visionworks (See Attached Exhibit #3). The applicant is requesting one (1) wall sign for the south elevation of Busy Body Home Fitness, in addition to the existing wall sign on the west elevation, where both elevations front a parking lot. ANALYSIS Citizen Comments- The Community Development Department has received no written citizen comments. 2 Community Development Department Analysis - The Sign Ordinance allows the applicant one (1) wall sign not to exceed 55 square feet. The applicant has received a permit for and installed one (1) wall sign. The existing wall sign is located on the west elevation and at approximately 53 square feet is within the maximum sign area permitted by the Sign Ordinance. The applicant is requesting one (1) additional wall sign on the south elevation. The applicant asserts that a wall sign located on the south elevation, in addition to the existing wall sign on the west elevation, will provide better direction to approaching northbound traffic on Biscayne Boulevard. Criteria The criteria for approval of sign variances as required by the City of Aventura Sign Ordinance (No. 97-17) require: The sign variance maintains the basic intent and purpose of the regulations, particularly as it affects the stability and appearance of the City and provided that the Variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship is required. The requested sign variance for one (1) additional wall sign does not preserve or enhance the unique aesthetic character of the City. Staff believes that such an approval, resulting in two (2) signs total for the business, would be in conflict with the basic intent and purpose of the Ordinance. RECOMMENDATION It is recommended that the City Commission deny the request for one (1) additional wall sign on the premise that it does not meet the criteria for granting of variances found in the City's Sign Ordinance. CONDITIONS In the event that the City Commission wishes to approve the request for the sign variance, the following conditions shall apply: Plans shall substantially comply with those submitted as follows: · "Busy Body Home Fitness Southwest Elevation", prepared by Southwest Neon Signs Inc., dated 7-16-98. · "Busy Body Home Fitness Northwest Elevation", prepared by Southwest Neon Signs, Inc., dated 7-16-98. 2. Applicant shall obtain building permits for the south elevation within 90 days of the date of this Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. PROJECT SPECIFIC CONDITIONS 1. A wall sign with copy to read "Busy Body Home Fitness" with lettering not to exceed 88 square feet be allowed on the south elevation. 2. No additional exterior signs be allowed on any wall of Busy Body Home Fitness. JEFFREY BERCOW BEN J. FERNANDEZ JANA K. McDONALD MICHAELE. RADELL law OFFICES BERCOW ~ RADELL PROFESSIONAL ~SSOCIATION FIRST UNION FINANCIAl CENTER, SUITE 850 200 SOUTH BIscaYNE BOULEVARD MIAMI, FLORIDA 33131 DIRECT LINE: (305) 377-6235 October 28, 1998 Ms. Brenda Kelley Director of Community Development City of Aventura 2999 N.E. 191 Street Suite 500 Aventura, Florida 33180 Re; Sign Variance for Busy Body Biscayne Boulevard and Northeast 213 Street Dear Ms. Kelly: This law firm represents Busy Body, Inc. the applicant with respect to this application for a variance to permit additional signage for the Busy Body store located in the Aventura Commons shopping center. This letter shall serve as the applicant's letter of intent in order to request one additional wall sign for the store. Property. The store is located just south of the principal entrance to the Aventura Commons Shopping Center. At present the store has one sign facing Biscayne Boulevard, however, this sign is not visible to approaching northbound traffic. In fact, unlike other stores within the center with greater setbacks, Busy Body's proximity to Biscayne Boulevard limits the visibility of the store's existing signage so that it is visible to traveling cars on Biscayne Boulevard only for a brief moment when a driver's or passengers' line of vision is perpendicular to the front fascade. In order to address this problem the Applicant is proposing one (1) additional sign for the southwest wall of the Busy Body store. Justification. The proposed signage is identical to the existing Busy Body signage and is therefore compatible with the signage for the rest of the center. Furthermore, the proposed signage will allow the Busy Body signage to be visible to oncoming traffic given the circumstances (i.e. the stores proximity to Biscayne Boulevard.) Accordingly, the proposed signage meets the requirements listed in Section 1 of the City of Aventura Signage Ordinance. EXHIBIT #1 Ms. Brenda Kelly October 28, 1998 Page 2 For all of the foregoing reasons, the Applicant respectfully requests that the City Council approve the requested variance. Should you have any questions or comments regarding this request, please do not hesitate to contact me. BF:anj Mr. Loui Devillier Jeffrey Bercow, Esq. BER¢OW ~ RADELL PROFESSIONAL ASSOCIATION DADI~ COUNTY .. Gulfstream Park YACHT CLUB DR. [{/V~'~u''''' ~ ~RCLE J CLUB DR. 201 TER. 192 ST, of Aventura Government 190 188 ST. 33,180 33' LEGEND Roadways City Boundary ZIP Code Boundary Railroad BUSY BODY HOME FITNESS EXHIBIT RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING A SIGN VARIANCE FOR BUSY BODY INC., LOCATED AT 21155 BISCAYNE BOULEVARD, TO PERMIT THE ERECTION OF A SECOND WALL SIGN ON THE SOUTH ELEVATION, SIGN SIZE NOT TO EXCEED 88 SQUARE FEET, WHERE ONE (1) WALL SIGN IS ALLOWED BY CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned BU-2, Special Business District, a non-residential district; and WHEREAS, the Applicant, Busy Body, Inc., through Application No. 03-SV-99, has requested a sign variance to permit the erection of one (1) additional wall sign on the south elevation, sign size not to exceed 88 square feet, where one (1) wall sign is allowed by Code on that certain property located at 21155 Biscayne Boulevard, a.k.a. Aventura Commons, in Aventura, Florida and legally described as Tract "D" Aventura Commons, Plat Book 151, Page 58 of The Public Records of E)ade County, Florida; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances to the extent the application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Resolution No. Page 2 Section l. Application No. 03-SV-99 for Sign Variance, for a wall sign on the south elevation, sign size not to exceed 88 square feet, on property legally described as: Tract "D" Aventura Commons, Plat Book 151, Page 58 of The Public Records of Dade County, Florida aka Aventura Commons 21155 Biscayne Boulevard is hereby granted exclusively to Busy Body Home Fitness subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows: · "Busy Body Home Fitness Southwest Elevation", prepared by Southwest Neon Signs Inc., dated 7-16-98. · "Busy Body Home Fitness Northwest Elevation", prepared by Southwest Neon Signs, Inc., dated 7-16-98. 2. Applicant shall obtain building permits for the south elevation within 90 days of the date of this Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. 3. A wall sign with copy to read "Busy Body Home Fitness" with lettering not to exceed 88 square feet be allowed on the south elevation. 4. No additional exterior signs be allowed on any wall of Busy Body Home Fitness. Resolution No. Page 3 Section 2. This Resolution shall become effective adoption. The foregoing Resolution was offered by its adoption. The motion was seconded by put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Jeffrey M Perlow Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Arthur I. Snyder PASSED AND ADOPTED this 15th day of December, 1998. immediately upon its , who moved , and upon being ATTEST: Arthur I. Snyder, Mayor Teresa M. 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I ! ~ , if r .... a>Oa>~ ~8~'" ,,~,,~ JJ.....:IJ..... mqmOl -I-i-l-i CICI ~o:oo -:..:.^~^ .:;:U "" lJJI-;ru >::ja>'" om>~ A:>OJJ c....()"m ~:nc....O m2'~i) cOmJJ ...."rrS m>>=i- -IomO ~ro-l);! ;;:-"0 JJ~~rn ms::: -. 00> ~8 ~ ~~ p aiii !ll p z :II en ~l!J ~ ~ Z 0 r- :;:.. z m I m.. ~ .~~ ~ Ir c ~ ~ q ~ " " N o ~ r (J) z "" "" ,7:) -". ~ 5 11 t::) ~ "" !Z o ~ J: :E m (JJ -l m r ~ ~ o z 26'-011 15'-2" 7'-0" 1~ 25i~' :1;. oC: ~. ..... ... .... ~O IIIG III" ~ q ~OI <DOl ;;q ~ ?!. q ~ o (n -...j <0 I\) .j>. m Z o g -0 o o CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission Eric M. Soroka, C~M~hagter ~ree ncedr~b~117~ yl 9C98Orrlmi~ eve I o p me n t Directo~ Request of PRE GP VI, Inc., for release of a previous Resolution, rezoning approval and associated miscellaneous non-use variances to construct a 180 unit, multi-family residential rental development at the northeast corner of NE 28 Court and NE 185 Street. (13-SP-98, 02-REZ- 98, 09-VAR-98) December 15, 1998 City Commission Meeting Agenda Item RECOMMENDATION it is recommended that the City Commission approve the requests with conditions as outlined herein. THE REQUEST The applicant, PRE GP VI, Inc., is requesting release of a previous Resolution, rezoning approval and associated miscellaneous non-use variances to construct a 180 unit, multi-family residential rental development at the northeast corner of NE 28 Court and NE 185 Street. The requests are as follows (see Exhibit #1 for Letter of Intent): 1. Release of Miami-Dade County Resolution No. 3166 which granted special permit approval to allow a children's amusement park, zoological garden and circus winter quarters on the property; and 2. Rezoning of the property from IU-1, Light Industrial District to RU-4M, Modified Apartment House District; and 3. Variance from Chapter 33 of the Miami-Dade County Code to permit a total lot coverage of 32.66% where a maximum lot coverage of 30% is allowed; and 4. Variance from Chapter 33 of the Miami-Dade County Code which requires a building separation of thirty (30) feet where a provision of less than thirty (30) feet is proposed in multiple locations. BACKGROUND OWNER OF PROPERTY APPLICANT ADDRESS OF PROPERTY SIZE OF PROPERTY LEGAL DESCRIPTION Eddie Yeh PRE GP VI, Inc., a Delaware Corporation The northeast corner of NE 28 Court and NE 185 Street (see Exhibit #2 for Location Map) Approximately 6.97 acres See Exhibit #3 for the legal description Zoning - Subject Property: Property to the North: Property to the South: Property to the East: Property to the West: IU-1, Light Manufacturing District IU-2, Heavy Manufacturing District RU-4, High Density Apartment House District IU-2, Heavy Manufacturing District IU-2, Heavy Manufacturing District Existing Land Use- Subject Property: Property to the North: Property to the South: Property to the East: Property to the West: marine industrial marine industrial and hand car wash vacant industrial industrial Future Land Use - According to the Adopted 2000 and 2010 Land Use Plan for Metro- Dade County, Florida, the following properties are currently designated as follows: Subject Property: Property to the North: Property to the South: Property to the East: Property to the West: Residential Industrial and Office Residential Residential Industrial and Office 2 The Site - The subject property, located at the northeast corner of NE 28 Court and NE 185 Street, is a rectangular parcel approximately 870 feet wide by 385 feet deep. (see Exhibit #2 for Location Map). The Project - The applicant is proposing a 180 unit residential rental development known as "The Carlisle at Aventura". The development will include 22, 3-story townhouse type residential buildings and approximately 11,000 SF of recreational and leasing amenities. The development also fronts on a canal to the north with existing docking capabilities to which the applicant has provided a common use area along the canal front for use by residents. ANALYSIS Consistency with Comprehensive Master Plan - The request is not inconsistent with the Miami-Dade County Comprehensive Development Master Plan. Citizen Input- The Community Development Department has not received any written or verbal comments regarding this application. Review by Other Agencies: DERM- DERM has reviewed the subject application and has determined that it meets the minimum requirements of Chapter 24 of the Code of Miami-Dade County, Florida... Additionally, DERM has also evaluated the request insofar as the general environmental impact that may derive from it and after reviewing the available information offers no objection to its approval. Review by City Departments Landscape Architect- The City Landscape Architect has approved the proposed Landscape Plan in concept only. A more detailed plan is required prior to issuance of building permits. Community Development Department Analysis - The applicant received a waiver from the moratorium at the City Commission meeting of January 6, 1998. The applicant has submitted a proposed plan that conforms to the conditions imposed upon granting of the waiver. Request#I: Release of Miami-Dade County Resolution No. 3166 which granted special permit approval to allow a children's amusement park, zoological garden and circus winter quarters on the property. 3 In March 1949, the Dade County Zoning Commission approved Resolution No. 3166 approved a special permit to allow a children's amusement park, zoological garden and circus winter quarters on the property. Because Resolution No. 3166 was approved through a public hearing process, such approval must first be released by public hearing prior to subsequent approvals associated with the development of the property for residential use. Request #2: Rezonin,q of the property from IU-1, Li,qht Industrial District to RU-4M, Modified Apartment House District. The guidelines for approval of rezoning requests as required by Miami-Dade County Code Section 33-315(d) require: The development permitted by the application, if granted, conforms to the Comprehensive Development Master Plan for Metropolitan Dade County, Florida; is consistent with applicable area or neighborhood studies or plans, and would serve a public benefit warranting the granting of the application at the time it is considered; The request to rezone the property from an Industrial zoning designation to RU.4M is consistent with the County's Comprehensive Development Master Plan, as well as the City's proposed Comprehensive Plan. The property is presently designated Medium-High Density Residential on the County's Plan and the City's Plan. Approval of the rezoning request will bring the property's zoning into compliance with the Comprehensive Plan's land use designations. The development permitted by the application, if granted, will have a favorable or unfavorable impact on the environmental and natural resources of Metropolitan Dade County, including consideration of the means and estimated cost necessary to minimize the adverse impacts; the extent to which alternatives to alleviate adverse impacts may have a substantial impact on the natural and human environment; and whether any irreversible or irretrievable commitment of natural resources will occur as a result of the proposed development; Building permits for the development will not be issued prior to approval by the Department of Environmental Resource Management with the County. Furthermore, DERM has tentatively evaluated the request for the general environmental impact and offers no objection to its approval 3. The development permitted by the application, if granted, will have a favorable or unfavorable impact on the economy of Metropolitan Dade County, Florida; 4 The proposed development will increase the tax base of the City by approximately $15,000. In addition, residential property will generate significantly more in utility taxes and franchise fees than its present use. The development permitted by the application, if granted, will efficiently use or unduly burden water, sewer, solid waste disposal, recreation, education or other necessary public facilities which have been constructed or planned and budgeted for construction; The County and state have previously approved residential use of the property. The Comprehensive Plan has designated the property for Medium. High Density Residential Use with a maximum of 60 units per gross acre. The proposal, at approximately 26 units per gross acre, will efficiently use those water, sewer, solid waste disposal, recreation, education or other necessary public facilities which have been constructed or planned and budgeted for the site. The development permitted by the application, if granted, will efficiently use or unduly burden or affect public transportation facilities, including mass transit, roads, streets and highways which have been constructed or planned and budgeted for construction, and if the development is or will be accessible by public or private roads, streets or highways. The County and state have previously approved residential use of the property. The Comprehensive Plan has designated the property for Medium-High Density Residential Use with a maximum of 60 units per gross acre. The proposal, at approximately 26 units per gross acre, will efficiently use public transportation facilities, including mass transit, roads, streets and highways which have been constructed or planned and budgeted for construction for the site. Furthermore, the development is accessible by public or private roads, streets or highways. Request #3: Variance from Chapter 33 of the Miami-Dade County Code to permit a total lot coverage of 32.66% where a maximum lot covera,qe of 30% is allowed. The guidelines for approval of non-use variances as required by Miami-Dade County Code Section 33-311(e)(2) require: The non-use variance maintains the basic intent and purpose of the zoning, subdivision and other land use regulations, which is to protect the general welfare of the public, particularly as it affects the stability and appearance of the community and provided that the non-use variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community, 5 Staff believes that a variance exceeding the maximum allowed lot coverage by 2.66% will not be detrimental to the community. Applicable comprehensive plan and zoning regulations at this site allow a significantly taller residential structure and a higher overall density than is proposed by the applicant. Due to the character of the surrounding residential land uses and the trend of development in the neighborhood, staff believes that it is important to maintain a townhouse-style site layout and design at this site. To prevent this objective from placing an undue economic burden on the applicant, it is necessary that the ratio of total building footprint area to total lot size be slightly higher than would otherwise be allowed by Code. 2. No showing of unnecessary hardship to the land is required. Request#4: Variance from Chapter 33 of the Miami-Dade County Code which requires a building separation of thirty (30) feet where a provision of less than thirty (30) feet is proposed in multiple locations. The guidelines for approval of non-use variances as required by Miami-Dade County Code Section 33-311(e)(2) require: The non-use variance maintains the basic intent and purpose of the zoning, subdivision and other land use regulations, which is to protect the general welfare of the public, particularly as it affects the stability and appearance of the community and provided that the non-use variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. Section 33.207.3(C) allows for staff to disregard building spacing requirements in approving the plan, however, staff desired such building separation to be noted through public hearing approval. Staff believes that such building separation will not be detrimental to the community. Furthermore, the narrowest building separation areas shall be covered with a trellis-type structure, creating an approximately 8' wide covered walk-way atmosphere between the buildings. 2. No showing of unnecessary hardship to the land is required. 6 RECOMMENDATION It is recommended that the City Commission approve the requests with conditions as follows: STANDARD CONDITIONS 1. Plans shall substantially comply with those submitted as follows: Site Plan, Carlisle at Aventura, Sheet I of 1, prepared by SDA & Associates, revised dated 11-30-98; · Aventura Commons, (Building Elevations), Sheet A-T1.3, prepared by Tseng Consulting Group, Inc., signed and sealed dated 11/30/98, drawing dated 8/19/98; · Preliminary Landscape Plan, Carlisle at Aventura, Sheet LP-1, prepared by Danny Powell Landscape Architecture Ltd., revised dated 12/01/98; · Fire Truck Circulation Plan, Carlisle at Aventura, Sheet LC-l, prepared by Danny Powell Landscape Architecture Ltd., revised dated 12/01/98; · Pedestrian Circulation and Signage Plan, Carlisle at Aventura, Sheet LC-2, prepared by Danny Powell Landscape Architecture Ltd., revised dated 12/01/98. Applicant shall obtain building permits within 12 months of the date of this Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. PROJECT SPECIFIC CONDITIONS Applicant shall construct improvements, or provide funding in a form to be approved by the City Manager, in conjunction with the City's improvement project for NE 28 Court and NE 185 Street in accordance with design approved by the City Engineer for that area of right-of-way adjacent to the property. Such improvements shall be completed, or funding provided, prior to June 1, 1999. Such funding amount shall not exceed $186,430.00. Applicant shall provide an agreement or written assurance in a form to be approved by the City Attorney, requiring that the owner and/or property management company shall be responsible for all on-site parking enforcement. Such agreement shall be approved and executed prior to issuance of the first Certificate of Occupancy for the development. /staff ref~orts/13-SP-98 Carlisle A TTO R N Ey $ A T TflflUfll6 Kerd L. Bardx (305) 579..0772 E-Mail: baz~k~v.~n August 26, 1998 BY HAND DELIVERY Ms. Brenda Kelley Comm~mity Development Department City of Aventura 2999 N.Ei 191= Street, Suite 500 Aventura, l~lorida 33180 Re: Lcttel oflntent for PRE GP VI, Inc. / N.E. i85th Street and N-E. 28th C°utt, Aventura, Florida Dear Ms. Kelley: · ' ' t Applicant ) m xts applioauons l!tis conmmtes the letter ofmten of PRE GP VI, Inc. (the" "' ' ' ' requesting a district bound',try change, site plan approval, non-use variances, and tentative plat ~eP~roval for the construction of a multi-family residential development. The property ~bject to e applications m located at the northeastern corner ofN.E. 185t~ Street and N.E. 28~ Court, Aventura, Florida, and is more particularly described in the attached Exhibit "A" (the "Property"). The Property consists of approxlmately 6.97 acres. The Property is currently zoned IU-1 (Industrial Light Manufacturing District) and is designated ~s Medium High Residential according to the Adopted 2001) and 2010 Land Use Plan for Miami-Dude County, as adopted by the City of' Aventura. The Property is also designated as Medium High Residential on the City's &att transmittal compreEensive plan. The Property is owned by Mr. Eddie Yeh, and is subject to a contract for purclaa~ and sale between the Applicant and Mr. Yeh. A copy of that contract is attached to the application form, The Property Lq generally located within that area of Aventura commonly known as Tliunder Alley, and is currently the site of two two-story structures that are used for marine equipment repair. As part of its comprehensive planning process, the City of Aventura adopted Ordinance 97-22, imposing a general moratorium on development approvals within the Hospital Area and the Marina Area (including the Property) to ensure that development wJthln those areas was compatible wSth the City's anticipated long-term planning goals. Pursuant to that Ordinance, a waiver of the moratorium could be granted upon a showing that the requested development would "not detrimentally affect the preparation and irm21ementation of the City Plan" and "will be compatible with ~mxxounding land uses." As you may recall, a waiver application was submitted for the Property, and on January 6, 1998, the CiD' of Aventura City Commission (the "Commission") conducted a public heating on that application. In the course of the public hearing, the Applicant generally presented its plan for GIIEENBERG TIRAURIG HOFFMAN LIPOFF I{OSEN & QUENTEL, P.A. ,g2I BRICK£LL AVENUE MIAMI, FLORIDA 33131 305-579-0500 FAX 30fi-579 071: EXHIBIT #1 MIAMI NEW YORK WASHINGTON, D.C. PHILADELPHI~t S~.O PAULO FORT LAUD~;RI)~LE WEST PALM BEAClt ORLANDO TALLAIi&SSEE BOCg RATON Ms. Brenda Kelley Page 2 the development of the Property with a high-end residential community, preliminarily named '~2arlisie at Aventura" (the "Proposed Development"). At, er finding that the criteria established in Ordinance 97-22 were met, the Commission approved a waiver of the moratorium in order to permit the redevelopment of the Property as a residential commtlnity. I have attached a copy of the City's memorandum recording that waiver approval, for your convenience. As permitted by the morator~-m waiver, the Applicant is now seeking the development approvals necessary to allow the construction of the proposed residential community. To allow the Commission to consider all of the development actions at one public hearing, the Applicant has submitted four separate applications for each of the development approvals that may be necessary to allow construction of the Proposed Development. By preparing and submitting application packages for all of the development approvals simultaneously, the Applicant intends that the City Comminsion be able to address any and all issues pertaining to the development globally, rather than piecemeal, at a single public hearing. A. District Boundary Change From IU=I to RU-4M As noted above, the Property is currently zoned 1U-l, allowing various industrial and commercial uses. The Applicant is therefore requesting a district boundary change from IU- 1 to KU-4M (Modified Apartment House District), which permits residential uses on the Property. The requested district boundary change is consistent ~4th the current comprehensive plan designation for the Property and the proposed designation contained within the City's transmitted draft for its future comprehensive development master plan, both of which call for residential use of the Property at a density not to exceed sixty dwelling units per acre. The Applicant is proposing a residential use at a density of less than half that provided under the comprehensive plan designation. B. Site Plan Approval The Applicant is also requesting site plan approval for the Proposed Development. Submitted with these Applications are the proposed site plans, calling for the construction of one hundred and eighty residential units contained in several three-story buildings spaced throughout the property. Although the RU-4M regulations permit development up to a maximum of 35.9 dwelling units per acre and up to eight stories, the Applicant is requesting approval of a site plan at a density of only 28.44 dwelling units per net acre (25.81 du/ac gross) and at a height of three stories. The site plan incorporates a thirty-five foot landscaped buffer on the west side of the Property, and a twenty-five foot buffer on the north side of the property, as set forth in the memorandum approving the moratorh~m waiver. GREENBERG TRAURIG Ms. Brenda Kelley Page 3 C. Non-Use Variances: Lot Coverage, Side Setback and Internal Spacing In the preparation of the site plan, the Applicant determined that it would be necessary to request three non-use variances fzom the RU-4M regulations. As noted above, the Applicant has designed the proposed site plan to provide for a maxim;ma height of unly three stories. To keep the height of the development as low as possible, the Applicant has designed a project that ut'flizes lateral space across the Property, rather than a more vertical development. Accordingly, the site plan provides for a total lot coverage of 32.66%, where 30% lot coverage is permitted by the applicable regulations for the RU-4M district, and the Applicant is requesting a non-use variance to permit same. Additionally, the Applicant is requesting a non-use variance to permit the masonry enclosure surrounding the compactor in the southeast comer of the Property to be setback not more than fourteen feet from the side property line, where a setback of twenty feet is required. In an abundance of caution, the Applicant is also filing an request for a non-use variance from the internal spacing requirements between buildings on the same parcel. As noted above, to provide for a lower overall height, certain of the buildings that comprise the project are spaced eight apart. Section 33-207.3(B)(3) of the Zoning Code, as adopted by the City, provides that for multiple f~mily apartment houses that consist of only one principal building on a lot, windows or openings in the building wall shall be located no less than thirty feet from walls of either the same building or accessory buildings. However, pursuant to Section 33-207.3(C), multiple-family housing developments consisting of multiple buildings may be approved after site plan review and in compliance with the requirements of Section 33-207.3(B), except that "interior setbacks and spacing requirements may be disregarded in approving the plan." The Applicant believes that thi~ provision allows the City to approve the site plan without necessity for a non-use variance for the internal spacing between project buildings. Yet, in an abundance of caution, the Applicant is requesting a non-use variance from such spacing requirements to permit buildings to be located eight feet apart, as designated on the attached plans. D. Tentative Plat Approval The final application submitted by the Applicant is a request for Tentative Plat approval for the Property in accordance with the Plat submitted therewith. The Applicant believes that the Proposed Development described in the site plans submitted with these applications reflects a quality residential community that will be an asset to the surrounding neighborhood, and the City of Aventura as a whole. The Applicant has incorporated into the site plan the western and northern buffers established by the City Commission in approving the moratorium waiver request to ensure that the site plan reflects the Commission's goals in granting that approval. As the City Commission previously found in approving the waiver, the Applicant has prepared a plan for a residential community that will not GREENBERG TRAURIG Ms. Brenda Kelley Page 4 affect the implementation of the City's comprehensive plan, and which is compatible with the surrounding land uses in the area. With these applications, we have included the requisite exhibits set forth in your instruction materials, including: · Application forms; · Development Application Owner Certification; · Disclosure of Interest; · Ceffificate of Resolutions; · Ownership and Encumbrances Report; · Contract for Purchase and Sale; · Twelve copies ora survey of the Property; · Twelve sets of photographs of the Property; · Twelve sets of site plans, landscape plans, and architectural plans; · Letters from all utilities relative to adequacy of easements; · Certitied listing of names and address of property owners located within 300' radius of the subject property, with self-adhesive labels for same; and · Filing fees. Based on the foregoing, we respectfully request your favorable consideration of these applications. Very,truly g~urs, Ker~i-L. Barsh ends. Mr. Bmce Fairty Mr. Corbin Johnson Mr. Senn Flanagan Mr. Eddie Yeh Margaret Rolondo, Esq. Mr. James F. Drotos Clifford A. Schulman, Esq. Gary A_ Saul, Esq. Justin J. Sayfie, Esq. Alan S. Krischer, Esq. M]AMI/ 977289/ky2xOI!.DOC/8/25/98 GREENBERG TRAURIG BROWARD COUNT~' DADE CO~ Promenade Shops 203 ST. 201 TER. AVENTURA Mall 192 ST. The Cove Gu~tream Park City of Aventura YACHT CLUB DR. ~"~ ~ Shoppes 207 ST .~LUB DR 190 18B ST. SUBJECT PROPERTY 33'~60; Dura foundling st Bay ~.- , ; sound / LEGEND A~/ant/c Obean Roadways City Boundary ZiP ; IBIT #2 ~ - LEGAL DESCRIPTION A parcel of land lying in the North 1/2 of the SE 1/4 of the SW 1/4 of Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida, being more particularly described as follows: Commence at the Northeast corner of the NW 1/4 of the SE 1/4 of the SW 1/4 of said Section 3, thence run North 89 degrees 56 minutes 45 seconds West along the North line of the NW 1/4 of the SE 1/4 of the SW 1/4 of said Section 3 for a distance of 273.11 feet to a point; thence run South 0 degrees 02 minutes 30 seconds West a distance of 258.64 feet to a point of curvature of a curve concave to the Northeast; thence run along the arc of said curve, having for its elements a radius of 30 feet, a central angle of 45 degrees 04 minutes 53 seconds for a distance of 23.60 feet to a point of reverse curvature of a curve concave to the Southwest, having for its elements a radius of 100 feet, a central angle of 21 degrees 29 minutes 05 seconds for a distance of 37.50 feet to a point on said curve, said point bearing North 66 degrees 26 minutes 42 seconds East from the center of said curve and being the Point of Beginning of the Parcel hereinafter to be described; thence continue Southeasterly along the arc of said curve through a central angle of 23 degrees 34 minutes 03 seconds for a distance of 41.13 feet to the point of tangency; thence run South 0 degrees 00 minutes 45 seconds West for a distance of 240.70 feet to a point; thence run South 89 degrees 59 minutes 25 seconds East along a line parallel to and 70 feet North, measured at right angles, from the South line of North 1/2 of the SE 1/4 of the SW 1/4 of said Section 3 for a distance of 868.08 feet to a point; thence run North 0 degrees 31 minutes 59 seconds West along a line parallel to and 40 feet West, measured at right angles, from the East line of the North 1/2 of the SE 1/4 of the SW 1/4 of said Section 3 for a distance of 385.36 feet to a point; thence run North 89 degrees 58 minutes 05 seconds West along a line parallel to and 125 feet North, measured at a right angle, from the North line of the South 1/2 of the North 1/2 of the SE 1/4 of the SW 1/4 of said Section 3 for a distance of 576.95 feet to a point; thence run South 0 degrees 39 minutes 25 seconds East along a line parallel to and 50 feet East, measured at a right angle, from the West line of the NE 1/4 of the SE 1/4 of the SW 1/4 of said Section 3 for a distance of 105 feet to a point; thence run North 89 degrees 58 minutes 15 seconds West for a distance of 297.03 feet to the Point of Beginning. EXHIBIT #3 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING RELEASE OF MIAMI-DADE COUNTY RESOLUTION NO. 3166 WHICH GRANTED SPECIAL PERMIT APPROVAL TO ALLOW A CHILDREN'S AMUSEMENT PARK, ZOOLOGICAL GARDEN AND CIRCUS WINTER QUARTERS ON THE PROPERTY; APPROVING REZONING OF THE PROPERTY FROM IU-1, LIGHT INDUSTRIAL DISTRICT TO RU-4M, MODIFIED APARTMENT HOUSE DISTRICT; GRANTING VARIANCE FROM CHAPTER 33 OF THE MIAMI-DADE COUNTY CODE TO PERMIT A TOTAL LOT COVERAGE OF 32.66% WHERE A MAXIMUM LOT COVERAGE OF 30% IS ALLOWED FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF NE 28 COURT AND NE 185 STREET; PROVIDING AN EFFECTIVE DATE. and WHEREAS, the property described herein is zoned IU-1, Light Industrial District; WHEREAS, the Applicant, PRE GP VI, Inc., through Application Numbers 13- SP-98, 02-REZ-98 and 09-VAR-98, has applied for the following: 1. Release of Miami-Dade County Resolution No. 3166 which granted special permit approval to allow a children's amusement park, zoological garden and circus winter quarters on the property; and 2. Rezoning of the property from IU-1, Light Industrial District to RU-4M, Modified Apartment House District; and 3. Variance from Chapter 33 of the Miami-Dade County Code to permit a total lot coverage of 32.66% where a maximum lot coverage of 30% is allowed; and Resolution No. Page 2 4. Variance from Chapter 33 of the Miami-Dade County Code which requires a building separation of thirty (30) feet where a provision of less than thirty (30) feet is proposed in multiple locations; on that certain property located at the northeast corner of NE 28 Court and NE 185 Street in Aventura --Iorida as legally described in Exhibit #1 as attached hereto; and WHEREAS following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Release of Miami-Dade County Resolution No. 3166 which granted special permit approval to allow a children's amusement park, zoological garden and circus winter quarters on the property is hereby released. Section 2. Rezoning of the property from IU-1, Light Industrial District to RU- 4M, Modified Apartment House District is hereby granted, subject to conditions as outlined herein. Section 3. Variance from Chapter 33 of the Miami-Dade County Code to permit a total lot coverage of 32.66% where a maximum lot coverage of 30% is allowed is hereby granted, subject to conditions as outlined herein. Resolution No. Page 3 Section 4. Variance from Chapter 33 of the Miami-Dade County Code which requires a building separation of thirty (30) feet where a provision of less than thirty (30) feet is proposed in multiple locations is hereby granted, subject to conditions as follows: STANDARD CONDITIONS 1. Plans shall substantially comply with those submitted as follows: Site Plan, Carlisle at Aventura, Sheet 1 of 1, prepared by SDA & Associates, revised dated 11-30-98; · Aventura Commons, (Building Elevations), Sheet A-T1.3, prepared by Tseng Consulting Group, Inc., signed and sealed dated 11130/98, drawing dated 8/19/98; · Preliminary Landscape Plan, Carlisle at Aventura, Sheet LP-1, prepared by Danny Powell Landscape Architecture Ltd., revised dated 12/01/98; · Fire Truck Circulation Plan, Carlisle at Aventura, Sheet LC-l, prepared by Danny Powell Landscape Architecture Ltd., revised dated 12/01/98; · Pedestrian Circulation and Signage Plan, Carlisle at Aventura, Sheet LC-2, prepared by Danny Powell Landscape Architecture Ltd., revised dated 12/01/98. 2. Applicant shall obtain building permits within 12 months of the date of this Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. Resolution No. Page 4 PROJECT SPECIFIC CONDITIONS 1. Applicant shall construct improvements, or provide funding in a form to be approved by the City Manager, in conjunction with the City's improvement project for NE 28 Court and NE 185 Street in accordance with design approved by the City Engineer for that area of right-of-way adjacent to the property. Such improvements shall be completed, or funding provided, prior to June 1, 1999. Such funding amount shall not exceed $186,430.00. 2. Applicant shall provide an agreement or written assurance in a form to be approved by the City Attorney, requiring that the owner and/or property management company shall be responsible for all on-site parking enforcement. Such agreement shall be approved and executed prior to issuance of the first Certificate of Occupancy for the development. Section 5. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 6. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by its adoption. The motion was seconded by put to a vote, the vote was as follows: , who moved , and upon being Resolution No. Page 5 Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Arthur I. Snyder PASSED AND ADOPTED this 15th day of December, 1998. ATTEST: Arthur I. Snyder, Mayor Teresa M. Smith, CMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of ,1998. CITY CLERK LEGAL DESCRIPTION A parcel of land lying in the North 1/2 of the SE 1/4 of the SW 1/4 of Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida, being more particularly described as follows: Commence at the Northeast corner of the NW 1/4 of the SE 1/4 of the SW 1/4 of said Section 3, thence run North 89 degrees 56 minutes 45 seconds West along the North line of the NW 1/4 of the SE 1/4 of the SW 1/4 of said Section 3 for a distance of 273.11 feet to a point; thence run South 0 degrees 02 minutes 30 seconds West a distance of 258.64 feet to a point of curvature of a curve concave to the Northeast; thence run along the arc of said curve, having for its elements a radius of 30 feet, a central angle of 45 degrees 04 minutes 53 seconds for a distance of 23.60 feet to a point of reverse curvature of a curve concave to the Southwest, having for its elements a radius of 100 feet, a central angle of 21 degrees 29 minutes 05 seconds for a distance of 37.50 feet to a point on said curve, said point bearing North 66 degrees 26 minutes 42 seconds East from the center of said curve and being the Point of Beginning of the Parcel hereinafter to be described; thence continue Southeasterly along the arc of said curve through a central angle of 23 degrees 34 minutes 03 seconds for a distance of 41.13 feet to the point of tangency; thence run South 0 degrees 00 minutes 45 seconds West for a distance of 240.70 feet to a point; thence run South 89 degrees 59 minutes 25 seconds East along a line parallel to and 70 feet North, measured at right angles, from the South line of North 1/2 of the SE 1/4 of the SW 1/4 of said Section 3 for a distance of 868.08 feet to a point; thence run North 0 degrees 31 minutes 59 seconds West along a line parallel to and 40 feet West, measured at right angles, from the East line of the North 1/2 of the SE 1/4 of the SW 1/4 of said Section 3 for a distance of 385.36 feet to a point; thence run North 89 degrees 58 minutes 05 seconds West along a line parallel to and 125 feet North, measured at a right angle, from the North line of the South 1/2 of the North 1/2 of the SE 1/4 of the SW 1/4 of said Section 3 for a distance of 576.95 feet to a point; thence run South 0 degrees 39 minutes 25 seconds East along a line parallel to and 50 feet East, measured at a right angle, from the West line of the NE 1/4 of the SE 1/4 of the SW 1/4 of said Section 3 for a distance of 105 feet to a point; thence run North 89 degrees 58 minutes 15 seconds West for a distance of 297.03 feet to the Point of Beginning. EXHIBIT #1 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: City Commission Eric M. Soroka, C,~'r~n Brenda Kelley, Cbmmb~ December 8, 1998 velopmentDirect~ SUBJECT: Request of Aventura Turnberry Jewish Center-Beth Jacob, Inc. for modification of previous approvals to allow the expansion of an existing day-care/pre-school/elementary school from an enrollment of 190 students to 250 students. (Application No. 96-476) December 15, 1998 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the request to modify previous approvals to allow an expansion of enrollment. THE REQUEST The applicant is requesting a modification of previous approvals to allow the expansion of an existing day-care/pre-school/elementary school from an enrollment of 190 students to 250 students. (Letter of Intent is attached as Exhibit #1) BACKGROUND OWNER OF PROPERTY Aventura Turnberry Jewish Center-Beth Jacob, Inc. ADDRESS OFPROPERTY 20400 N.E. 30 Avenue. (Location map is attached as Exhibit #2) LEGAL DESCRIPTION Tract "A" of AVENTURA JEWISH CENTER, Plat Book 137, Page 53; Tract "1", Block 16 of REPLAT OF A PORTION OF HALLANDALE PARK NO. 8, Plat Book 40, Page 97; Tract "2" of LAURANNA, Plat Book 76, Page 31; and Lots 1, 2 and 4, Block 16, of REPLAT OF A PORTION OF HALLANDALE PARK NO. 8, Plat Book 20, Page 49. Lying and being in Section 34, Township 51 South, Range 42 East. SIZE OF PROPERTY Approximately 3.82 acres. DESCRIPTION/BACKGROUND In 1991, Aventura Turnberry Jewish Center-Beth Jacob was approved for a special exception and unusual use to permit the expansion of an existing synagogue to include a day care center and pre-school. This approval was made with the condition that the day care center/pre-school would be restricted to a maximum number of 45 children. In 1994, the Temple received approval to modify this restriction to add an elementary school and to allow a maximum of 190 children. Applicant is seeking approval to again modify this restriction to allow a maximum of 250 children, with the expansion in enrollment of 60 students to be equally divided between the pre-school and elementary school. No alteration of the existing structure or site is proposed. ANALYSIS Consistency with Comprehensive Master Plan - The request is not inconsistent with the Miami-Dade County Comprehensive Development Plan. Citizen Comments - The Community Development Department has received no written citizen comments regarding this application. Community Development Department Analysis - Community Development staff visited the site on several occasions to determine if weekday parking was adequate. This inspection indicated that the provision of parking during school days was adequate to meet both existing and proposed school enrollments. The applicant states that the Iow student/teacher ratio allows for the increase in enrollment of students without requiring additional staff. The applicant is requesting modification of Miami-Dade County Resolution 5-ZAB-407- 94 approved October 26, 1994; which modified Condition #2 of Resolution 4-ZAB-146- 91, approved June 12, 1991, as follows: 2 From: "2. That the day care/preschool/elementary school use shall be restricted to a maximum number of 190 children." To; "2. That the day care/preschool/elementary school use shall be restricted to a maximum number of 250 children." 3 ECKERT SEAlvlANS & MELID , LC I~ua~ 7, 1998 VIA TELECOP¥ ~ 466-8949 Ms. Amy E- Skile~ City of Aventura Government Center, Suite 2999 N.E. 191st Street Aventura, FL 33180 RE: Aventura ~rnberry Jewish Center Request for Increase of Student Enrollment Dear Ms. Sidles: Pursuant to our telephone conversation of y~sterday afternoon, I am forwarding to you copies of Resolution Z-24288 and 4-ZAB-146-91. The~e are the resolutions approved by Metropolitan Dado County, approving first the special exception to permit a religious facility and subsequently, in 1991, approving the special exception of an unusual use to permit the expansion of the existing synagogue to include a day-care center and pre-school. Please note that m 1991, the student population was at 45 children. By subsequent r~olution m 1994, the Board of County Commissioners approved an expansion of the enrollmem by approving a modification of condition number 2 of Resolution 4-ZAB- 146-9 ! to permit 190 children and to expand the use from day-care and pre-school to include an elementary school. Currently the Board of Directors of the Center has agreed that the demand on their school would necessitate further expansion of the student body to a total of 250 children. I would ask that you review the documents enclosed and advise on how you wish us to proceed in formalizing the re. quest to expamt the student population. In this particular case, I would suggest that we simply request a "modification of a previously approved resolution" so that we ea.n change the wording from: "2. That the day-care/pre-school/elementary school use shall be restricted to a maximum number of 190 children." tO: "2. That the day-care/pre-school/elementary school use shall be restricted to a maximum number of 250 children." A. VICKY LE1VA 305/ 347-38 I8 EXHIBIT #1 96-476 ECKERT SEAMANS CHER1N & MEq.~ OTT, LC January 7, 1998 Ms, Amy £. Skiles Page 2 I believe that would be the most expedient process to follow in this situation. As always, we appreciate your efforts to assist us in this m~tter. Should you require any additional information or need further details, please do not hesitate to call me. AVl./j~ encl. Marcy Resnick (by fax: 932-2478) Stanley B. Price Margo Absher 71224 DADE COUNTY YACHT CLUB DR. f~---A~R~C~OVE CLUB DR. SITE 201 TER. AVENTURA 192 ST. 190~. 188 ST. 33' LEGEHD RoAdways City BoundaPJ ZIP Code Boundary Railroad 96-476 RESOLUTION NO. __ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING MODIFICATION OF A PREVIOUS APPROVAL TO ALLOW THE EXPANSION OF AN EXISTING DAY-CARE/PRE-SCHOOL/ELEMENTARY SCHOOL FOR PROPERTY LOCATED AT 20400 NE 30 AVENUE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Aventura Turnberry Jewish Center-Beth Jacob, Inc., through Application No. 96-476, is requesting a modification of previous approvals to allow the expansion of an existing day-care/pre-school/elementary school from an enrollment of 190 students to 250 students on that certain property located at 20400 NE 30 Avenue; and WHEREAS, the applicant has received previous Miami-Dade County approvals limiting the enrollment of the existing day-care/pre-school/elementary school through Resolution No. 4-ZAB-146-91 approved June 12, 1991 as further modified by Resolution No. 5-ZAB-407-94 approved October 26, 1994; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Modification of previous approvals to allow the expansion of an existing day-care/pre-school/elementary school from an enrollment of 190 students to 250 students on that certain property legally described as follows: Resolution No. Page 2 Tract "A" of AVENTURA JEWISH CENTER, Plat Book 137, Page 53; Tract "1", Block 16 of REPLAT OF A PORTION OF HALLANDALE PARK NO. 8, Plat Book 40, Page 97; Tract "2" of LAURANNA, Plat Book 76, Page 31; and Lots 1, 2 and 4, Block 16, of REPLAT OF A PORTION OF HALLANDALE PARK NO. 8, Plat Book 20, Page 49. Lying and being in Section 34, Township 51 South, Range 42 East. aka Aventura Turnberry Jewish Center- Beth Jacob Inc. 20400 NE 30 Avenue is hereby approved such that Miami-Dade County Resolution No. 5-ZAB-407-94 shall be modified as follows: From: "2. That the day care/preschool/elementary school use shall be restricted to a maximum number of 190 children." To: "2. That the day care/preschool/elementary school use shall be restricted to a maximum number of 250 children." Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. This Resolution shall become effective immediately upon its adoption. Resolution No. Page 3 The foregoing Resolution was offered by its adoption. The motion was seconded by put to a vote, the vote was as follows: , who moved , and upon being Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Arthur I. Snyder PASSED AND ADOPTED this 15th day of December, 1998. ATTEST: Arthur I. Snyder, Mayor Teresa M. Smith, CMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this __ day of ,1998. CITY CLERK CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission ty~~ it~ Eric M. Soroka, Ci Brenda Kelley, Commu elopment Directo~ December 9, 1998 Moratorium Waiver Request- Joseph B. Kaller December 15, 1998 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission grant the Waiver Request for the moratorium subject to the enclosed conditions. BACKGROUND Ordinance No. 97-22 created a moratorium upon the issuance of development orders concerning development within the Marina Area and Hospital Area within the City. Section 2 of the Ordinance provides that the City Commission may grant a waiver when the City Commission determines, based on substantial competent evidence, that the specific use or activity will not detrimentally affect the preparation and implementation of the City Plan and will be compatible with surrounding land uses. The applicant was granted a waiver request for this property on July 7, 1998. The request was granted on the condition that the owner apply for building permits within ninety (90) days. The owner did not apply for building permits within this period and the waiver expired. The applicant proposes to construct a 2-story professional office building with a bank and drive-through ATM facility on the first floor. (See Exhibit #1 for Request Letter.) The subject parcel has experienced problems with accumulated vegetation and debris. For reasons of public health and safety, and to improve conditions with the area generally, it is important for the owners of the subject parcel to be compelled to clean it as soon as possible. Property Information Applicant: Joseph B. Kaller Joseph B. Kaller and Associates, P.A. Owner of Property: Mr. Ken Marlin, et al Location: Between NE 206 Street and NE 207 Street, east of East Dixie Highway (See Exhibit #2 for Location Map and Exhibit #3 for an aerial photograph): Legal Description: Lots 12 through 30, Block 8 of Hallandale Park No. 4, as recorded in Plat Book 20, Page 49 of the public records of Miami-Dade County, Florida. Zoning: Subject Property: Property to the North: Property to the South: Property to the East: Property to the West: BU-1, Neighborhood Business District RU-3M, Minimum Apartment House District and RU-2, Two-Family Residential District BU-1, Neighborhood Business District BU-1, Neighborhood Business District East Dixie Highway and FEC Railroad right-of-way Existing Land Use: Subject Property: Property to the North: Property to the South: Property to the East: Property to the West: vacant and one (1) single-family structure residential (single-family) vacant retail East Dixie Highway and FEC Railroad right-of-way Future Land Use Designation: Business and Office Proposed Use: Professional Office Building Proposed Variances: None identified at this time. The City Commission has reached a preliminary decision regarding the Hospital Area's Master Plan. It is proposed that the area be developed on the basis of business, medical, multi-residential and office uses. Based on this policy, the property in question would comply with the Master Plan criteria for the Hospital Area. The proposed future land use contained in the Comprehensive Plan provides for Medical/Office uses in the area in question (See Exhibit #4). 2 In order to ensure the proposal is in conformance with the Comprehensive Plan, the following conditions are recommended: 1. That the waiver be granted to a specific project and owner. 2. That the owner apply for site plan approval within ninety (90) days of approval by the City Commission or the waiver shall be null and void. Building permits will only be issued upon compliance with South Florida Building Code and the zoning code, as well as other regulatory agencies. 3. That the owner shall immediately remove overgrown brush and debris from the parcel. If you have any questions, please feel free to contact me. 3 JO../' PN KALLF__R (.,. AJJ'O(IATE/. PA AR(t---tlTd_(TURd_' INTF__RIORJ"' PLANNING NOVEMBER 5, 1998 CITY OFAVENTURA 2999 N.E. 191 STREET, SUITE 500 AVENTURA, FLORIDA 33180 VIA:FACSIMILE & U.S. CERTIFIED MAIL ATTENTION: MR. ERIC M. SOROKA REFEI~,ENCE: REQUEST FOR WAIVER EXTENSION AND VARIANCE FOR PROPOSED PROFESSIONAL OFFICE BUILDING LOCATED BETWEEN 206 & 207 STREET BOUNDED ON THE WEST BY EAST DIXIE HIGHWAY (APFROXIMATELY 50,000 SQ. FT. LOT AREA) ZONING: BU-I DEAH MR. SOROKA: ON BEHALF OF MY CLIENT MR. KENNETH MARLIN t AM REQUESTING AN ADDI'TIONAL 90 DAY EXTENSION, AND BE ON THIS MONTHS CITY COMMISSION MEETING. THE BUILDING PLANS WERE NEVER FINALIZED BECAUSE MY CLIENT HAS BEEN PURSUING EFFORTLESSLY QUALITY TENANTS FOR THIS PROJECT, SINCE THE ZOO!lNG DEPARTMENT FORCED HIM TO TAKE DOWN THE "LEASING SIGN" THAT WAS ORiGiNALLY PERMi-J-FED BY 'THEr~i TO BEGIN WITH. THUS CAUSING MANY, tV~A.:,IY WEEKS OF DELAY. THIS EFFORT TAKES TIME AND DILIGENT PREPARATION WITH THE PROSPECT TO ENSURE SUBSTANTIAL COMPETENCE AND COMPATIBILITY WITH THE SURROUNDING LAND USES. FURTHERMORE, DUE TO THIS EFFORT MY CLIENT IS ALSO REQUESTING A VARIANCE TO ALLOW A TWO-LANE TELLER DRIVE THRU FOR A TOP-RATED COMMUNI~' SAVINGS AND LOAN BANK. THE BANK HAS INDICATED TO MY CLIENT THAT THEY WOULD LEASE A SUBSTANTIAL AREA OF THE PROPOSED BUILDING IF THE DRIVE-THRU IS ALLOWED WITHIN THE CURRENT BU-1 ZONING. WITHOUT A DRIVE-THRU THIS BANK OR ANY OTHER BANK WILL NOT BE ABLE TO OPERATE EFFICIENTLY EXHIBIT #1 2417 HOLLYWOOD BOULEVARD. HOLLYWOOD, FLORIDA 33020 PHONE: 954/920-5746 1-8OO-481-2647 FAX: 954~26-2841 NOVEMBER 5, 1998 CITY OF AVENTURA PAGE TWO WITH THE GRANTING OF THE EXTENSION AND VARIANCE IT IS MY INTENT TO FINALIZE V~ITHIN THE 90 DAY PERIOD THE CONSTRUCTION DOCUMENTS FOR PERMITTING WITHOUT ANY CHANGES AS PREVIOUSLY AGREED UPON AND APPROVED ATTHE JULY 7, 1998 MEETING. ALSO AS PER MRS. BRENDA KELLY'S REQUEST, PLEASE SEE ATTACHED LETTER FROM YOUR OFFICE APPROVING AND AUTHORIZING THE BUYER TO ACT ON BEHALF OF THE SELLER. THANK YOU IN ADVANCE FOR YOUR CONSIDERATION IN GRANTING AN EXTENSION AND VARIANCE TO THIS PROJECT. PLEASE CALL ME AT (954) 920-5746 WITH ANY COMMENTS OR QUESTIONS YOU MAY HAVE REGARDING THIS LETTER. WE ARE LOOKING FORWARD TO WORKING WITH THE CITY OF AVENTURA ON A PROJECT THAT W E CAN ALL BE PROUD OF. VERY TRULY YOURS.S /,/,"' ~ JpSEPH B. KALLER, PRESIDE T JOSEPH B. KALLER & ASSOC., P.A. cc: Eileen Sosa, Esq. Richard Marlin, Developer c:\w\1998\98087,1et CITY OF AVENTURA OFFICE OF THE CITY MANAGEI~ VIA FACSIMILE & U,S. MAll (305) 933-2550 July 15, 1998 Eileen Sos~., Esq. 100 S.E. 2"~ .-qtreet 21s~ Floor Miami, Florida 33131 Re: Marlin Purchase of Land - Waiver Request (N.E. 206m Street and N.E. 207th Street) Dear Ms. Sosa: This is to advise that l~e Ck'y has reviewed the Contract for Purchase and Sale end the provisions, which authorize the buyer to ecl on behaJf of the seller in obtaic~ing lhe necessary permitting to build on the property. The provisions are acceptable to the City and satisfy condition 3 placed on the waiver from the moratorium by the City Commission. The waiver was granted by the City Commission at the July 7, 1998 meeting subject to the following conditions: 1. That the waiver be granted to a specific project and owner. That the owner applies for building permits within ninety (90) days or the waiver shalt be null and void. BuiJding permits will only be issued upon compliance with So~th Florida Building Code and the zoning code, as well a~ other regulatory agencies, Ju1-15-98 11:25A CITY hlANAGER 305 4668919 July 15, 1998 Eileen Sosa, Esq. Page Two if you have any questions, please feel free to contact me. Eric M. ~orok~y~ City Mar~g% EMS/aca V CM0~8-98 ~,1,.,11-101 TRACT 2 TRACT NE 209th' (145'14) BI~CAYNE NE 2, 8th ST. TRACT TRACT ,I, ,~-JI/ PROPERTY 205th TRACt "A" ,T ST. TE BU-1A BU-2 THE PROMENADE 'SHOPS (133-39) EXHIBIT #2 TRACT "C" RU-1A SITE EXHIBIT #3 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission December 9, 1998 tvelopment Directo~ Moratorium Waiver Request- Norman Leopold December 15, 1998 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission grant the Waiver Request for the moratorium subject to the enclosed conditions. BACKGROUND Ordinance No. 97-22 created a moratorium upon the issuance of development orders concerning development within the Marina Area and Hospital Area within the City. Section 2 of the Ordinance provides that the City Commission may grant a waiver when the City Commission determines, based on substantial competent evidence, that the specific use or activity will not detrimentally affect'the preparation and implementation of the City Plan and will be compatible with surrounding land uses. The applicant proposes to demolish 3 one-story structures in the hospital district. (See Exhibit #1 for request letter). Property Information Applicant/Owner: Location: Norman Leopold North of NE 211 Street, east of East Dixie Highway (See Exhibit #2 for Location Map and Exhibit #3 for an aerial photograph): Legal Description: Lots 14, 15, 16, 17, 18, 19, 20, 21 and 22, Block "J", AMENDED PLAT OF HALLANDALE PARK NO. 6, according to the Plat thereof, as recorded in Plat Book 17, Page 56 of the Public Records of Miami-Dade County, Florida. Zoning: Subject Property: Property to the North: Property to the South: Property to the East: Property to the West: RU-3M, Minimum Apartment House District RU-3M, Minimum Apartment House District RU-3M, Minimum Apartment House District and RU-5^, Semi-Professional Office District RU-3M, Minimum Apartment House District East Dixie Highway and FEC Railroad right-of-way Existing Land Use: Subject Properties: Property to the North: Property to the South: Property to the East: Property to the West: single-family/duplex structures residential (single-family) and nursing facility medical office and parking lot medical/office and parking lot East Dixie Highway and FEC Railroad right-of-way Future Land Use Designation: Low Density Residential Proposed Use: demolition of existing structures (proposed vacant property) The applicant has applied for building permits for the demolition of two single-family structures and one duplex structure. According to Florida Statutes demolition permits are considered "development orders" and therefore require waiver from the moratorium. Staff recommends approval of the request in that demolition of the existing structures will be beneficial to the community by removing vacant, boarded-up structures. Furthermore, one of the structures was presently being processed as an unsafe structure with demolition of the structure being recommended by staff to the Unsafe Structures Board. (See Exhibit ~4 for pictures of the structures). In order to ensure the proposal is in conformance with the Comprehensive Plan, the following conditions are recommended: 1. That the waiver, for demolition only, be granted to a specific project and owner. 2. That the owner apply for building permits within ninety (90) days or the waiver shall be null and void. Building permits will only be issued upon compliance with South Florida Building Code and the zoning code, as well as other regulatory agencies. If you have any questions, please feel free to contact me. Attachment /staff reports/Moratorium Waiver- Leopold 121098 2 Norman Leopold Karen S. Leopold Hilary S. Feinstock November 24, 1998 20801 Biscayne Boulevard Suite 501 Aventura, l~lorida 33180 RECEIVED NOV 2 t : Dade: 305-935-3500 Broward: 954-972-0188 Telefax: 305-935-9042 E-mail address: leopoldl@ix.netcom.com VIA COURIER MS. Brenda Kelley Community Development Director City of Aventura 2999 N.E. 191 Street Suite 500 Aventura, FL 33180 RE .. Lots 14, 15, 16, 17, 18, 19, 20 21 and 22 Block "J", AMENDED PLAT OF HALLANDALE PARK NO. 6, according to the Plat thereof, as recorded in Plat Book 17, at Page 56, of the Public Records of Miami-Dade County, Florida. Dear Ms. Kelley: Please be advised that I am the owner of the above-described property. AS I am sure you are aware, the existing structures on the property are not habitable, are in deplorable condition, constitute an attractive nuisance and are a general blight upon the coamlunity. In an effort to make the property more presentable, I would respectfully request that the City issue a permit for the sole purpose of demolishing the existing structures. I have enclosed recent photographs of the property, which I thought you would find of great interest. your prompt response is greatly appreciated. Should you have any questions, please do not hesitate to contact me. Norman Leopold NL/n Enclosures woRK~ REAL\ AMER I CAN~ KELLEY. L1 EXHIBIT #1 ~ l~th ~ ST (B-13) BU-1A th ST. )PERTY MEDICAL PLAZA TRACT 2 NE 208th ST. NE 206th ST. NE 205th ST. 209th' TRACT "C" EXHIBIT #2 TRACT "0" TRACT "E" NE ' ST, 05U,~S SUBJECT PROPERTY EXHIBIT #3 ,) EXHIBIT #4 c~ of ~ce MINUTES CITY COMMISSION MEETING TUESDAY, NOVEMBER 17, 1998 6:00 P.M. Biscayne Medical Arts Center 21110 Biscayne Boulevard Suite 101 Aventura, Florida 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by Vice Mayor Harry Holzberg. Present ware Commissioners Arthur Berger, Jay R. Beskin, Ken Cohen, Jeffrey M. Perlow, Vice Mayor Harry Holzberg, Mayor Snyder (arrived at 6:35 p.m.), City Manager Eric M. Soroka, City Clerk Teresa M. Smith, and City Attorney David M. Wolpin. Commissioner Patricia Rogers-Libert was absent due to illness. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE. Teri Holzberg led the pledge of allegiance. 3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M. Ex-parte communications by Commissioners, if any, were disclosed and filed with the City Clerk in accordance with Ordinance 96-09. All witnesses giving testimony in these hearings ware sworn in by the City Clerk. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING SITE PLAN APPROVAL FOR A SELF-SERVICE STORAGE FACILITY IN A BU-2, SPECIAL BUSINESS DISTRICT AS REQUIRED PURSUANT TO SECTION 33-247(38) OF THE MIAMI-DADE COUNTY CODE; GRANTING A VARIANCE FROM CHAPTER 33 OF THE MIAMI-DADE COUNTY CODE TO ALLOW A FLOOR AREA RATIO OF 1.66, WHERE A MAXIMUM FLOOR AREA RATIO (FAR) OF 0.84 IS ALLOWED; GRANTING A VARIANCE FROM CHAPTER 33 OF THE MIAMI-DADE COUNTY CODE REQUIRING A DECORATIVE MASONRY WALL AT LEAST FIVE (5) FEET IN HEIGHT ERECTED ON THE BUSINESS LOT OF THE COMMON PROPERTY LINE ADJACENT TO RESIDENTIAL PROPERTY WHERE A PROVISION OF CHAINLINK FENCE IS PROPOSED ON THE REAR PROPERTY LINE; GRANTING SPECIAL EXCEPTION APPROVAL FROM CHAPTER 33 OF THE DADE COUNTY CODE REQUIRING THAT RESIDENTIAL USES ARE SUBJECT TO PUBLIC HEARING APPROVAL IN A BU-2, SPECIAL BUSINESS DISTRICT WHERE A PROVISION OF A MANAGER'S APARTMENT ON SITE IS PROPOSED; DENYING A VARIANCE FROM SIGN ORDINANCE NO. 97-17 PERMITTING WALL SIGNS ONLY ON BUILDINGS WHERE THE MAJORITY OF THE FLOOR AREA IS IN RETAIL USE WHERE A PROVISION OF TWO (2) WALL SIGNS IS PROPOSED FOR A NON- RETAIL USE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF UNIMPROVED MIAMI-GARDENS DRIVE EXTENSION AND JACK SMITH BOULEVARD; PROVIDING AN EFFECTIVE DATE. Ronald Shapo, Esq., 200 S. Biscayne Blvd., on behalf of the applicant, requested that this matter be deferred to December 15, 1998. Harry Crook, Commodore Plaza, addressed the Commission. A motion for deferral of this matter to December 15, 1998 at 6 p.m. was offered by Commissioner Cohen and seconded by Vice Mayor Holzberg The motion passed, 4-1, with Commissioner Beskin voting no. B. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING A NON-USE VARIANCE OF SETBACK REQUIREMENTS TO PERMIT A DUMPSTER ENCLOSURE TO BE SETBACK FIVE (5) FEET WHERE A TWENTY-FIVE (25) FOOT SETBACK IS REQUIRED AT SUMMIT APARTMENTS, LOCATED AT 3100 NE 190 STREET; PROVIDING AN EFFECTIVE DATE. A motion for approval of the resolution was offered by Commissioner Perlow and seconded by Commissioner Berger. Brenda Kelley, Community Development Director, explained the request of the applicant and entered the staff report into the record. Vice Mayor Holzberg opened the public hearing. The following individuals addressed the Commission: Tom Gilley, architect for the applicant, 462 W. 81st Street, Hialeah. There being no further speakers, the public hearing was closed. The motion for approval failed unanimously. A motion to deny the applicant's request was offered by Commissioner Berger, seconded by Commissioner Perlow and unanimously passed. Mr. Wolpin read the following resolution by title: 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING UNUSUAL USE APPROVAL TO PERMIT OUTDOOR PATIO AND TABLE SERVICE IN CONNECTION WITH A COURTYARD RESTAURANT, CHINA GRILL CAFI~, AT AVENTURA MALL, LOCATED AT 19501 BISCAYNE BOULEVARD; PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Perlow and seconded by Commissioner Berger. Ms. Kelley explained the request of the applicant and entered the staff report into the record. Vice Mayor Holzberg opened the public hearing. The following individuals addressed the Commission: Phil Ward, consultant to applicant, 2525 SW 3rd Avenue; Mr. Fagan, applicant; (Mayor Snyder arrived during this public hearing). There being no further speakers, the public hearing was closed. The motion for approval passed unanimously and Resolution No. 98-86 was adopted. D. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING MODIFICATION TO A PREVIOUSLY APPROVED MULTI-TENANT CENTER CRITERIA TO PERMIT TWO (2) WALL SIGNS LARGER THAN PREVIOUSLY APPROVED FOR COURTYARD MARRIOTT LOCATED AT 2825 NE 191 STREET; PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Berger and seconded by Vice Mayor Holzberg. Ms. Kelley explained the request of the applicant and entered the staff report into the record. Mayor Snyder opened the public hearing. The following individuals addressed the Commission: Mr. Ward; George Berlin, Turnberry & Associates. There being no further speakers, the public hearing was closed. Commissioner Perlow offered a motion to amend the resolution to approve only the eastern sign. The motion died for lack of second. The motion for approval passed unanimously and Resolution No. 98- 87 was adopted. E. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING A MODIFICATION OF RESOLUTION NO. 644 ONLY AS THIS APPROVAL RELEASES THE PREVIOUS APPROVAL PERMITTING A CONCRETE BLOCK AND READY MIX CEMENT PLANT; GRANTING UNUSUAL USE APPROVAL PURSUANT TO SECTION 33-13 OF THE MIAMI-DADE COUNTY CODE TO ALLOW OUTDOOR PATIO AND TABLE SERVICE IN 3 CONNECTION WITH A RESTUARANT; GRANTING PUBLIC HEARING APPROVAL PURSUANT TO SECTION 33-58 OF THE MIAMI-DADE COUNTY CODE TO ALLOW A BUILDING WHICH HEIGHT EXCEEDS THE WIDTH OF THE WIDEST STREET UPON WHICH SUCH BUILDING ABUTS; GRANTING A VARIANCE FROM CHAPTER 33 OF THE MIAMI-DADE COUNTY CODE WHICH REQUIRES 796 PARKING SPACES WHERE A PROVISION OF 785 PARKING SPACES IS PROPOSED; GRANTING A VARIANCE FROM CHAPTER 33 OF THE MIAMI-DADE COUNTY CODE WHICH REQUIRES A SIDE STREET (SOUTH) SETBACK OF THIRTY-TWO (32) FEET WHERE A PROVISION OF FIFTEEN (15) FEET IS PROPOSED; GRANTING A VARIANCE FROM CHAPTER 33 OF THE MIAMI-DADE COUNTY CODE WHICH REQUIRES A FRONT (WEST) SETBACK OF TWENTY (20) FEET WHERE A PROVISION OF SEVENTEEN (17) FEET IS PROPOSED; APPROVING A VARIANCE FROM CHAPTER 33 OF THE MIAMI-DADE COUNTY CODE WHICH REQUIRES 54,985 SQUARE FEET OF LANDSCAPING WHERE A PROVISION OF 27,128 SQUARE FEET OF LANDSCAPING IS PROPOSED FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF NE 29 AVENUE AND NE 188 STREET; PROVIDING AN EFFECTIVE DATE. Ms. Kelley explained the request of the applicant and entered the staff report into the record. Mayor Snyder opened the public hearing. The following individuals addressed the Commission: Stanley Price, Esq., representing the applicant, 2500 First Union Financial Center; Tony Sanchez, architect for applicant, 405 SW 26 Road; There being no further speakers, the public hearing was closed. A motion to amend the resolution to provide that both building permits be pulled simultaneously was offered by Commissioner Perlow, seconded by Commissioner Beskin and unanimously passed. A motion for approval of the resolution exclusive of Section 7 was offered by Commissioner Perlow, seconded by Commissioner Beskin and unanimously passed. A motion to approve Section 7 of the Resolution was offered by Commissioner Perlow seconded by Commissioner Beskin and passed 5-1, with Commissioner Berger voting no. Thus, Resolution No. 98-58 was adopted. F. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING A SIGN VARIANCE TO PERMIT AN EXTERIOR ACCESS WALL SIGN FOR CHEESECAKE FACTORY, INC., AT AVENTURA MALL, LOCATED AT 19501 BISCAYNE BOULEVARD; PROVIDING AN EFFECTIVE DATE. 4 A motion for approval was offered by Commissioner Perlow and seconded by Commissioner Beskin. Ms. Kelley explained the request of the applicant and entered the staff report into the record. Mayor Snyder opened the public hearing. The following individuals addressed the Commission: Joe Dillard, Art Sign Co., on behalf of the applicant. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously and Resolution No. 98-89 was adopted. 4. APPROVAL OF MINUTES: A motion to approve the minutes of the October 6, 1998 Commission Budget Meeting, October 8, 1998 Commission Meeting, October 19, 1998 Commission Workshop, October 29, 1998 Commission Workshop and November 9, 1998 Commission Meeting was offered by Commissioner Perlow and seconded by Commissioner Beskin. Commissioner Berger requested that the minutes of the October 29, 1998 meeting be amended to provide in Section #2 that the current situation poses a danger to pedestrians and drivers as wall. The minutes, as amended, ware unanimously approved. 5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: Commissioner Perlow requested removal of items 7-C and 7-G and Commissioner Beskin requested removal of item 7-E, all from the Consent Agenda. 6. SPECIAL PRESENTATIONS: Mayor Snyder presented a Proclamation to Susan Fried for her assistance to the City. 7. CONSENT AGENDA: A motion to approve the items remaining on the Consent Agenda was offered by Commissioner Beskin, seconded by Commissioner Cohen, unanimously passed and the following items were approved: A. Resolution No. 98-90 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE A'I-rACHED REIMBURSEMENT AGREEMENT FOR LEHMAN CAUSEWAY SAFETY IMPROVEMENTS BY AND BETWEEN THE CITY OF AVENTURA AND STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. B. Resolution No. 98-91 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE ATTACHED SAFE NEIGHBORHOOD PARKS CHALLENGE GRANT APPLICATION AS 5 DESCRIBED IN EXHIBIT "A" BETWEEN THE CITY OF AVENTURA AND MIAMI-DADE COUNTY FOR A GRANT IN THE AMOUNT OF ONE MILLION TWENTY SEVEN THOUSAND ONE HUNDRED DOLLARS ($1,027,100) FROM THE MIAMI-DADE COUNTY SAFE NEIGHBORHOOD PARKS BOND PROGRAM; AND AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 98-92 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 97-167-A FOR PROFESSIONAL LANDSCAPE ARCHITECT SERVICES FOR N.E. 190TM LANDSCAPING AND STREET LIGHTING BY AND BETWEEN THE CITY OF AVENTURA AND O'LEARY DESIGN ASSOCIATES, P.A. FOR THE AMOUNT OF $46,380; AND PROVIDING FOR AN EFFECTIVE DATE. Resolution No. 98-93 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 98-11-2-2, N.E. 207 STREET IMPROVMENTS, TO VlLA & SON LANDSCAPING, INC., AT THE BID PRICE OF $1,076,924.86; 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. The following motion was approved: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $52,920 FOR SPECIAL DETAIL OFFICER, DIGITAL CAMERAS AND RADIO EARPIECES FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM DATED NOVEMBER 10, 1998 Mr. Wolpin read the following ordinance by title which was passed on first reading: 6 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 98-22, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 1998/99 FISCAL YEAR BY REVISING THE 1998/99 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. J. Resolution No. 98-94 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED CHANGE ORDER FOR BID NO. 98-4-24-2, WILLIAMS ISLAND BOULEVARD IMPROVEMENTS, BY AND BETWEEN THE CITY AND M. VILA & ASSOCIATES, INC.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. K. Resolution No. 98-95 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ASSISTANCE PROGRAM CONTRACT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. The following separately: items were removed from the Consent Agenda and addressed Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 34 "PLANNING AND ZONING", AMENDING ARTICLE IV "ZONING" AT DIVISION I "GENERALLY" TO CREATE SECTION 34-95 "RESTRICTION UPON VARIANCE AND OTHER DEVELOPMENT APPLICATIONS"; TO PROHIBIT ACTION UPON APPLICATIONS PRIOR TO ABATEMENT OF 7 VIOLATION; REQUIRING REMOVAL BOND UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE A motion for approval was offered by Commissioner Beskin and seconded by Commissioner Berger. Commissioner Perlow requested that the first Whereas clause include "or not in conformity with a permit or development order". The motion for approval of the ordinance, as amended, passed unanimously by roll call vote. E. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR ACCEPTANCE OF DEDICATION OF PUBLIC ROAD RIGHT OF WAY FOR NORTHEAST 207TH STREET AND YACHT CLUB DRIVE IN THE CITY OF AVENTURA; AUTHORIZING CITY MANAGER TO OBTAIN AND EXECUTE INSTRUMENTS CONCERNING DEDICATION; AUTHORIZING ACCEPTANCE OF DEDICATION; PROVIDING FOR EFFECTIVE DATE. A motion for approval, including a provision in the deed that the reservation of rights by the Waterways Association will not interfere with the City's ability to erect public safety and other related signs in the future, was offered by Commissioner Beskin, seconded by Commissioner Berger and unanimously passed. Commissioner Perlow suggested that performance bonds for possible damages incurred be negotiated by the City Manager. G. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 98-10-26-2, MUNICIPAL TRANSIT SERVICE, TO RED TOP TRANSPORTATION INC., AT THE BID PRICE OF $224,500 PER YEAR; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Perlow, seconded by Commissioner Cohen and unanimously passed. 8 8. PUBLIC HEARING: ORDINANCES- FIRST READING: None PUBLIC HEARINGS: ORDINANCES - SECOND READING: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; EXTENDING THE DURATION OF THE EXISTING BUILDING MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS WITHIN THE MARINA AREA AND THE HOSPITAL AREA, AS PREVIOUSLY IMPOSED PURSUANT TO ORDINANCE NO. 97-22, AND AS AMENDED PURSUANT TO ORDINANCE NO. 98-08, OF THE CITY OF AVENTURA; BY AMENDING SECTION 8 "TERM" OF ORDINANCE NO. 97-22, AS AMENDED, TO PROVIDE FOR A FURTHER EXTENSION OF THE TERM OF SUCH MORATORIUM, SO AS TO ENABLE CITY'S COMPREHENSIVE PLAN TO BE COMPLETED AND IMPLEMENTED; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Beskin and seconded by Commissioner Berger. Mayor Snyder opened the public hearing. The following individual addressed the Commission: Fran Ricca. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 98-24 was enacted. 10. RESOLUTIONS: None 11.OTHER BUSINESS: None 12. REPORTS: As presented. 13. PUBLIC COMMENTS: Bernie Weinstein, 20191 E. Country Club Drive; Ginger Grossman, 20100 W. Country Club Drive; Donald Brodey, Williams Island; Shelley Buncher, Biscayne Cove; and Art Grossman, 20100 W. Country Club Drive. 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 8:45 p.m. Teresa M. Smith, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any ma[ter considered a~ 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 if made, which record includes the testimony and evidence upon which the appeal is to be based. 9 MINUTES CITY OF AVENTURA COMMISSION WORKSHOP MEETING DECEMBER 10, 1998 - 9:00 a.m. Aventura Government Center 2999 NE 191`t Street Suite 500 Aventura, Florida 33180 The meeting was called to order at 9:00 a.m. by Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Jay R. Beskin, Ken Cohen, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Harry Holzberg, Mayor Arthur I. Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Smith and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. Government Center Proiect: Mr. Soroka advised the Commission as to the status of this project and the proposed Guaranteed Maximum Price (exclusive of potential tax savings) of $13,028,946, as detailed on his report attached hereto. Michael Shift, Michael A. Shift and Associates and James A. Cummings and his staff were present to address this project. TH-City Library Update: Mr. Soroka advised the Commission of incentives offered by Miami-Dade County to remain in the County library system, including renovations to be made in 2-3 years to the present facility in the approximate amount of $1 million. Mr. Soroka to proceed with his meeting with Senator Gwan Margolis and report back to the Commission. 4. Founders Recoqniton Dinner Update: In response to the Commission's request, Mr. Soroka presented a breakdown of staff's time spent on this event. Commission discussed having a similar event in the future, to be scheduled in January or February of each year. Mr. Soroka to determine a feasible date and report back to the Commission. 3. Li.qhted Fountain Project (Mayor Snyder): Architect Ken Treister presented to the Commission a proposed project he designed at the suggestion of the Mayor and his Long Range Planning Committee. 5. Aventura Blvd. Li.qhtin,q & Entrance Features (Commissioner Perlow): Commissioner Perlow requested an update as to these proposed projects. Mr. Soroka provided a status and William O'Leary addressed the Commission's concerns. Mr. Soroka and Mr. O'Leary to develop a proposed design for an entrance feature at Aventura Blvd. and provide to Commission at the next Workshop meeting with estimate of costs. In response to the Commissions's concerns, Mr. O'Leary to discuss with the Electrical Engineer the intensity of the lighting on Aventura Blvd. and report back to the Commission. 6. Other Business: Other items discussed included future participation in the Grand Slam tennis tournament; construction of a gazebo at the south end of Founders Park; Y2K issue; purchase of property adjacent to the Huber Tract (City Manager to proceed with preliminary discussions with present owner), additional signage at Founders Park; satellite dish regulations; and curbing at the bus stop at East Country Club Drive and Turnberry Way. The meeting adjourned at 11:15 a.m. Teresa M. Smith, CMC, City Clerk Approved by the Commission on ,1998. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission ~ Eric M. $oroka, Ci~. nage~ December 9, 1998-~ ~ Resolution Authorizing Execution of Agreement for Construction Management Services and the Establishing Guaranteed Maximum Price With James A. Cummings, Inc. - Government Center Project December 15, 1998 City Commission Meeting Item RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution, which authorizes the execution of the Agreement for Construction Management Services (CMS) with a Guaranteed Maximum Price (GMP) relative to the Government Center project with James A. Cummings, Inc. The Construction GMP has been established at $12,501,946 including a $250,000 contingency. The Construction Management Fee is $527,000. The total cost not including the potential tax savings is $13,028,946 BACKGROUND As previously authorized, the City Administration has been negotiating the CMS fee and GMP with James A. Cummings, Inc. for the Government Center project. Our goal has been to obtain the lowest possible cost while at the same time protect the integrity of the building design approved by the City Commission. We have spent a great deal of time reviewing the project in detail with the contractor and architect to accomplish this goal and I feel we are at a point where we can recommend the CMS fee and GMP to the City Commission. In order to develop the GMP, the contractor obtained 3 quotes from bidders for each of the major construction components (ie. electrical, mechanical, earthwork etc.). After meeting several times and reviewing the project in detail we were able to reduce the cost of the building from $14,474,665 to $12,501,946. Project Cost The agreed to project cost is as follows: Construction Cost Contingency Performance Bond Subtotal Construction Management Fee Subtotal Tax savings @ 1.5% Total Cost $12,158,155 250,000 93,791 12,501,946 527,000 13,028,946 (195,434) $12,833,511 S/sq. ft. $158 3 $162 · The Construction GMP is $12,501,946. · The Construction Management Fee is $527,000 or 4.25% of the construction cost plus contingency amount. · The first $200,000 in cost savings reverts back to the city. Any amount above the $200,000 is split 75%~25%, with the larger amount reverting back to the City. · The City shall review all bids and payments made by the contractor to subcontractors. The City has the right to reject bids submitted by the subcontractor. · The integrity of the building design approved by the City Commission has been protected. Revisions have been made to non-critical areas or those areas not visible to the public. · The completion date is scheduled for March 15, 2000. The original project cost developed in May 1998 was $10,500,000. The cost increase can be attributed to the following factors: · Original project estimate developed by the Architect was Iow · Building conditions and Iow interest rates have increased construction costs by increasing the amount of work available to the construction community. · Building components were added after the estimate was developed (ie. Commission Chambers redesign, fiber optic cables, generator redesign for emergency conditions) · The original air conditioned building area increased from 60,000 square feet to 73,686 square feet. The total including the mechanical enclosed area on the sixth floor is 77,012. Page 2 The contract with the Architect requires additional fees once the 60,000 square feet threshold is exceeded. The additional fees are $145,000. The revised budget for the Government Center Project is as follows: Construction Cost Additional Architect Fees Security System, Phone System Furniture Contingency Total $12,833,511 145,000 4OO,OOO 400,000 200,000 $13,978,511 Of the total amount, $13,000,000 will be funded from the Revenue Bond Issue and $978,511 from the 1999/00 fiscal year General Fund Budget. The City Attorney, Architect and staff have reviewed the Agreement. Should you have any questions, please feel free to contact me. EMS CCO683-98 Page 3 1999 Revenue Bond Series Park Site Purchase Government Center Site Purchase Government Center Architect/Legal/Issuance costs Proceeds Required Bond Issue Costs & Insurance Premiums Debt Service Reserve Total Amount $ 3,037,072 3,400,000 12,869,328 600,000 $19,896,400 270,000 1,870,000 * $ 22,036,400 Estimated Annual Debt Service Requirements * 20 Year bond Issue $1,870,000 25 Year Bond Issue $1,650,000 30 Year Bond Issue $1,440,000 ClP Projection $1,450,000 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission ~ ri~erVlr~ bS~ r~ '1 ~ i~8~ Proposed Ordinance Establishing Regulations for Securing Construction Sites Ist Reading December 15, 1998 City Commission Meeting Agenda Item r'/_~ 2nd Reading January 5, 1999 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Ordinance, which establishes regulations for securing Construction Sites in the City. BACKGROUND Based on concerns raised by Commissioner Jeffrey Perlow and staff as it relates to Hurricane Watch orders, the attached Ordinance was prepared which establishes regulations for securing Construction Sites. The major points of the Ordinance are as follows: A Construction Site shall not engage in any activity that poses a danger to persons located off of the Site, from debris, materials or activities carried at the Site, and shall take necessary precautions. 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 restrict unauthorized access to the Site between the hours of 6:00 p.m. and 6:00 a.m., by the use of a locked fence and/or security guard. 3. A Construction Site shall keep all access roads to the Construction Site clear of debris for safe travel by authorized persons. In the event that a Hurricane Watch is issued by the United States Weather Bureau, a Construction Site shall comply with the requirements of Section 105.3 of the South Florida Building Code, by taking all steps necessary to secure the Construction Site, including removal or securing of hazardous or loose objects. If you have any questions, please feel free to contact me. EMS/aca Attachment cc0681-98 ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY CREATING ARTICLE V "CONSTRUCTION SITES" CONSISTING OF SECTION 14-100 "SECURING OF CONSTRUCTION SITES", OF CHAPTER 14 "BUILDINGS AND BUILDING REGULATIONS" TO PROVIDE FOR SECURING OF ACCESS TO AND MATERIALS AT CONSTRUCTION SITES WITHIN THE CITY; PROVIDING FOR AUTHORITY AND LEGISLATIVE FINDINGS, INTENT AND PURPOSE, OBJECTIVES, PROHIBITIONS, DEFINITIONS, ADMINISTRATION; PROVIDING PENALTY; PROVIDING SEVERABIMTY; PROVIDING INCLUSION IN CODE; PROVIDING EFFECTIVE DATE. WHEREAS, the City Commission desires to adopt an ordinance to provide for securing of construction sites so as to enhance the protection of the public health, safety, and welfare and preserve and protect the quality of life within the City; WHEREAS, pursuant to Section 34-1 of the City Code, the City Commission has been designated as the local planning agency for the City pursuant to Section 163.3174 Florida Statutes; WHEREAS, the City Commission has reviewed the proposed regulations provided by this ordinance and finds that such regulations accomplish the purposes intended and are consistent with the Comprehensive Plan of Miami-Dade County, Florida as applicable to the City and with the provisions of the proposed Comprehensive Plan of the City of Aventura. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Ordinance No. Page 2 Section 1. 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 created to read as follows: Section 14-100 Securing of Construction Sites. (a) Securing of Site. Security shall be provided at construction sites in accordance with this section. (b) Authority and Legislative Finding. Pursuant to authority provided by the home rule powers of the Florida Constitution and Chapter 166 and 163 of the Florida Statutes, 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 of land. (c) Intent and Purpose. It is the purpose of this ordinance 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: Restrict or prohibit uses at construction sites which are dangerous to health, safety, and property located off site. Require that construction sites within the City have access secured by the provision of a locked fence and/or security guard. Require that access roads to construction sites be kept clear of debris and be kept passable by motor vehicle at all times. Require that in the event of the issuance of a hurricane watch by the United States Weather Bureau and in accordance with Section 105.3 of the South Florida Building Code, all construction sites must be secured, including the removal or fastening of hazardous and loose objects. (d) Obiectives, Applicability. The objectives of this ordinance are: 1. To protect human life and health. 2 Ordinance No. Page :3 To minimize the need for rescue and relief efforts associated with insecure construction sites and hazardous weather conditions. To minimize damage to public and private facilities and property. Nothing in this ordinance 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: "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. (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 twenty-four (24) hours a day by way of a locked fence surrounding the perimeter of the site and/or the provision of a security guard. 3. "City" shall mean the City of Aventura, Florida. (f) Prohibitions: 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 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. 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 Ordinance No. Page 4 development) shall restrict unauthorized access to the Site between the hours of 6 p.m. and 6 a.m. 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 105.3 of the South Florida Building Code, by taking all steps necessary to secure the Construction Site, including removal or securing of hazardous or loose objects. 5. Any person receiving notice from the City's Building Official to comply with this section shall not fail or neglect to promptly comply. Section 2. Penalty. 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 be subject to enforcement under the Local Govemment 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. .Section $. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 4 Ordinance No. Page 5 Section 4. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Patricia Rogers-Libert Commissioner Jeffrey M. Perlow Vice-Mayor Harry Holzberg Mayor Arthur I. Snyder The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Patricia Rogers-Libert Commissioner Jeffrey M. Perlow Vice Mayor Harry Holzberg Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 15th day of December, 1998. Ordinance No. Page 6 PASSED AND ADOPTED on second reading this 5th day of January, 1999. AFI-EST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission ~'~ FROM: Eric M. Soroka, City DATE: November 24, 1998 SUBJECT: Recommendation to select Firm for Community Redevelopment District Feasibility Study - ISQ 98-10-28-2 December 15, 1998 City Commission Meeting Item RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution, which ranks the planning firms to perform the Community Redevelopment District Feasibility Study. The Resolution ranks the firm of Wallace Roberts & Todd as the recommended company of the Review Team and authorizes the City Manager to negotiate a contract. BACKGROUND As previously authorized, the City issued an Invitation to Submit Qualifications (ISQ) for qualified planning consulting firms to submit qualifications to provide consulting services for the preparation of a community redevelopment district feasibility study. This study will provide the fundamental statistical data, facts, and information relative to a preliminary assessment for the viability of establishing community redevelopment districts in two areas of the City. As part of the study the consultant shall investigate tax data for the parcels under consideration for the CRA. The consultant shall also establish a time line for the creation of a CRA with respect to the strategic establishment of the timing of the use of tax increment financing. A Review Team consisting of the Finance Support Services Director, Assistant to the City Manager, Community Development Director and the City Manager was formed to receive and evaluate the proposals and interview firms to prepare a recommendation to the City Commission. The following is a brief summary of the action taken by the Team to arrive at our final recommendation: An ISQ advertisement requesting planning consulting firms to submit qualifications was placed in the newspaper and distributed to the vendor list. On October 28, 1998, proposals were publicly opened from the following firms: Wallace Roberts & Todd PMG Associates, Inc. The Chesapeake Group Duncan Associates Tynan Group A shortlist of the following firms was developed and representatives for the firms were interviewed by the Team: Wallace Roberts & Todd The Chesapeake Group Duncan Associates Based on extensive presentations, interviews and the criteria outlined in the ISQ, each Team member ranked the firms independently and then reached a decision to recommend one firm to the City Commission with one alternate that would be called upon, should we fail to reach favorable terms with the top ranked firm. A contract to establish the scope of services and fees will be negotiated with the recommended firm. Based on the process, which was very competitive, the Team recommends the firm of Wallace Roberts & Todd be ranked number one and the City Manager be authorized to commence negotiations. The Team recommends that the firm of The Chesapeake Group be ranked second and be called upon in the event we cannot come to favorable terms with the number one ranked firm. Although the top two firms were well qualified for the project and the rankings were very close, the edge was given to Wallace Roberts & Todd based on their experience with similar feasibility studies and Miami Dade County. Now that the Team has completed its work, the following actions are necessary to complete the process: Adopt the attached Resolution, which serves three (3) specific purposes. First, it ranks the firms. Second, it authorizes the City Manager to negotiate the scope of services and fees. Third, it establishes another firm as an alternate, should we be unable to reach favorable terms with the selected firm. 2. After the contract is negotiated, it will be presented to the City Commission at the next meeting. Copies of all proposals are available for your inspection in the City Manager's Office. Should you have any questions, please feel free to contact me. EMS CC0677-98 RESOLUTION NO.~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING THE FIRM OF WALLACE ROBERTS & TODD TO PERFORM PROFESSIONAL PLANNING SERVICES RELATIVE TO ISQ NO. 98-10-28-2, COMMUNITY REDEVELOPMENT DISTRICT FEASIBILITY STUDY; AUTHORIZING THE CITY MANAGER OF THE CITY OF AVENTURA, FLORIDA, ON BEHALF OF SAID CITY, TO NEGOTIATE THE TERMS AND FEES FOR SAID WORK; AUTHORIZING NEGOTIATIONS WITH ALTERNATE FIRM TO PERFORM THE REQUIRED SERVICES SHOULD NEGOTIATIONS WITH SELECTED FIRM BE UNSUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Aventura, in accordance with applicable State law, has requested proposals from firms for services relative to Professional Planning Services; and WHEREAS, said proposals were evaluated by a Review Committee consisting of the Director of Community Development, the Director of Finance Support Services, the Assistant to the City Manager, and the City Manager; and WHEREAS, said Review Committee recommends the selection of the firm of Wallace Roberts & Todd, based on said firm's experience and qualifications; and WHEREAS, said Review Committee recommends the selection of the firm of The Chesapeake Group, should the City be unable to reach favorable terms with Wallace Roberts & Todd; and 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 Wallace Roberts & Todd be and the same is hereby selected to perform Professional Planning Services for the City relative to ISQ No. 98- 10-28-2, Community Redevelopment District Feasibility Study. 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. Resolution No. 98-03 Page 2 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 Wallace Roberts & Todd, the City Manager is hereby authorized to negotiate scope of services and fees with the alternate firm of The Chesapeake Group. Section $. This Resolution shall become effective immediately upon its adoption. The foregoing resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Arthur I. Snyder PASSED AND ADOPTED this 15th day of December, 1998. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ClTY ATTORNEY ~ALLACE RoaLr'ls & TODD October 28, 1998 Environmental Planning Urban Design Landscape Architoctu re Architecture Mr. Eric M. Soroka, City Manager City of Aventura 2999 NE 191 Street, Suite 500 Aventura, FL 22180 RE: ISQ 98-10-28-2 - Community Redevelopment District Feasibility Study Dear Mr. Soroka: On behalf of Wallace Roberts & Todd (WRT) and Real Estate Research Consultants, Inc. 0RERC), I am pleased to indicate our interest, capabilities and our track record relevant to the creation of redevelopment districts in the City of Aventura. Wallace Roberts & Todd is a national firm of urban planners, urban designers, architects and landscape architects with a 30-year record of national leadership in community redevelopment planning. With a staff of some 120 persons, the firm has maintained an active presence in Miami-Dade County for over 20 years along with offices in Philadelphia, Dallas, San Francisco and San Diego. Our work includes the high-visibility urban transformation that has occurred in such places as Baltimore Inner Harbor and the downtown areas of New Orleans, Miami, Orlando and Miami Beach. In these landmark efforts and in some twenty smaller Florida communities, WRT has provided comprehensive planning services to local governments interested in establishing community redevelopment areas. This work has included documentation in support of Findings of Necessity, as well as feasibility testing, creation of community redevelopment plans and implementation of these plans with design and construction documents for a wide array of capital improvements and amenities. In addition to WRT's broad national and Florida experience in assisting communities in mobilizing for redevelopment, the firm has extensive experience within Miami-Dade County, particularly regarding the issue of the delegation of the redevelopment process by the Miami- Dade County Commission. Such work includes the redevelopment plans for Southeast Overtown-Park West and the Historic Convention Village of Miami Beach; redevelopment feasibility studies for Miami Springs; and Countywide studies of redevelopment needs and redevelopment area designation criteria on behalf of count), government. 191 Giralda Avenue. Penthouse Coral Gables, FL 33134-5208 3054480788 305 443 8431 fax Philadelphia, PA San Francisco, CA San Diego, CA Soroka 10/27/98 Page 2 of 2 WALLACE ROBERTS & TODD Real Estate Research Corporation is an Orlando-based economic and market consulting firm specializing in community development and redevelopment projects. Their work includes market assessments for new development, redevelopment and adaptive re-use, as well as project financial and economic feasibility testing and the creation of implementation mechanisms including tax increment financing. RERC has an extensive track record of success throughout Florida in assessing the economic and market feasibility of redevelopment efforts. Their work includes many years of involvement in the ongoing redevelopment of downtown Orlando and Tampa, as well as smaller communities such as Fort Myers Beach, much of which has been in association with WRT. We look forward to the opportunity to present our ideas and our approach in more detail in person. Sincerely, Firm Background (12) Community Redevelopment District Feasibility Study City of Aventura, Florida Wallace Roberts & Todd is a nationally recognized leader in redevelopment master planning and community design. With a total staff of some 120 planners, urban designers, architects and landscape architects, the firm has provided comprehensive redevelopment planning and urbm~ design services to communities throughout South Florida and thc nation. The firm has been responsible Gr many of the nation's most widely recognized redevelopment success stories, as is the case of Baltimore's Inner Harbor. Other major cities where WRT has provided on-going redevelopment and planning services include Miami, Orlando, Norfolk, New Orleans, Detroit, Washington m~d Louisville. The firm's corrrmunity planning and redevelopment work also encompasses numerous smaller commnnlties throughout Florida and elsewhere, including many coastal areas where tourism is an important facet of thc local economy. Such communities include, bur are not limited to Fort Myers Beach, Fort Lauderdale Beach, Key X~est, Pensacola Beach, Hollywood Beach, Delray Beach, Miami Beach, Cocoa Beach, Jacksonville Beach and Sanibel Island, as well as coastal resort areas outside Florida such as Ocean Cir); MA, and Waikiki, HI. WRT's work has included comprehensive planning services, fr om initial Findings of Necessity to the preparation and adoption of Communi~ Redevelopment Plm~s, urban design, landscape and architectural design guidelines and incentive programs, to thc design and construction of major capital improvements including streetscapcs, public plazas, conference facilities, new housing, commercial development, and public entertainment Gcilities. To date, WRT has been responsible for the preparation of Community Redevelopment Plans and for urban master planning services in thc following Florida communities: ~/tamonte Springs Boca Rawn Cbcoa Bea~3 CoraI Springs Delray Beach Fernandina Beach Fort Lauderdale Fo rt Lauderdale Beach t:brt Myers Beach Hollywood Jacksonville Jacksonville Be.ch ~Vliami Miami Beach 34iami Springs Ork~ ndo Pensacola Pemacola Beach 7hmpa 7hll~hassee (Capitol Center) A more complete record of WRT's redevelopment and urban design experience, including project descriptions, is contained in thc corresponding section of this Statement of Qualifications. Page 2 Community Redevelopment District Feasibility Study City of Aventura, Florida Recent Relevant Experience (7) The fol]o~ing is a description of recent WRT experience it urban design, redevelopment and community enhanceme~t relevant to the City of Aventura assignment. References for several of these projects are found at the end of this section. The WRT staff assigned to this project have recent experience with similar projects (many of which arc described below), and can therefore perform the necessarywork efficiently and effectively. WRT has a history of successful client relationships based, among other things, on meeting project schedules and being responsive to clients' needs. Baltimore, &laryland The Inner Harbor WRT has been continuously involved in all aspects of' the planning, urban design and construction documents for public improvements to the Inner Harbor ~rom the firm's inception in 1964. WRT's work has included: Major Master Plans and Feasibility Studies, Design and Con- struction of the Bulkhead at the Water's Edge and Constellation Dock, Design and Construction of North and West Shore Promenadcs, De- sign and Construction of I,andscape Architecture for Specific Bttild- ings, Design and Constroction of the Pratt Street Boulevard, and De- sign and Construction of Special Projects. Boca Raton, Florida Downtown Redevelopment Plan In 1981 WRT was retained by the City's Community Redevelopment Agency to prepare a Downtown Rede- velopment Plan in conformance with Florida's Community Redevelopment Act. WRT was responsible for overall strategic planning, urban design and coordination of market, parking and traffic studies. Major compo- nents of the plan include a pedestrian corridor network to link existing and planned activity centers. In 1984 WRT *vas retained to review and evaluate maior new developments proposed following plan adoption. Cora/Gables, Florid~ Redevelopment Concept Plan for Coral Gables Business Village In 1982 WRT was retaincd as prime consultant to prepare a plan and urban design concept for thc revitaliza- tion of the City's obsolete industrial area. The approved plan calls for thc city to stimulate a phased transition to office, retail and residential uses with over 2 million square feet of development anticipated within the next 10 years. A major emphasis of the plan is placed on the design quality of public plazas and streetscape improvements. WRT was responsible for overall planning and urban design and for the coordination of' traffic, parking and utilities studies Development Concepts and Policies for Downtown Coral Gables Following comp~ction of thc redevelopment concept for the industrial area, thc city authorized a preliminary study of alternative concepts for the reinforcement of the downtown area. This plan redefines functional zones in downtown and proposes policies on height, density and quality of new development. Page 4 Community Redevelopment District Feasibility Study city of Aventura, Florida Coral Springs, Florida Sample Road Corridor/~lbwn Center Master Plan Historic:ally the "center of town" in Coral Springs, Sample Road has tr~c and aesthetics comn, on to most highway a~terials in suburban Broward Count); To enhance co;nmunity character and create a true "town center," WICF prepared urban design guidelines and redevelopment strategies to change both roadway opera- tion~ and design characteristics, as well as to foster a more urban development character. Design/l)evelopment Guidelines In order to raise the overall level of design character throughout Coral Springs, WRT prepared design guideline manuals for future commercial, as well as industrial and residential development. Based in part on real estate market considerations, thc higher standards of design arc now credited with improving thc community eco- nomic competitiveness, as well as its quality of environment. Davie, Florida Downtown Historic Architectural Guidelines Established as a western-theme community in suburban Broward County, Davie is seeking to define a new Town Center through redevelopment adjacent to its key arterial crossroads. WRT prepared a design and development manual for thc application of"western theme" archirectutal design in the context of anderlying zoning and redevelopment area designations. Delray Beach, Florida Commmfity Redevelopment Plan In early 1986 WRT began work as prime consultam for the preparation ora Conrmunity Redevelopment Plan for an area of Dclray Beach which includes the downtown area. In October 1986 Thc Community Redevel- opment Agency adopted the plan. In May 1987 WRT was retained to design thc city's downtown waterfront park, the first project recommended by the plan. Fort Lauderdale, Florida Fort Lauderdale Downtown Arts and Science District WRT participated as master planner for a major new Arts and Science District under construction in Downtown Fort Lauderdale. With a total investment of some $70 million the district includes a major new Per- forming Arts Center aqd Discovery Center Science Musemn. In addition to the firm's role as master planner, wRT participated as architect and landscape architect for a new Esplanade waterfront park and amphithe- ater as well as a 950 space parking garage. Fort Lauderdale Beach Redevelopment Plan Facing a dramatic loss of"Spring Break" activity, the City of Fort Lauder- dale is preparing a strategy to lure massive private investment to its Cen- tral Beach. WRT participated as prime consultant for a redevelopment plan that is calling for 900 new hotel rooms, nearly 200,000 square feet of waterfront specialty, retail as well as marinas and ancillary attractions. The redevelopment plan and developer RFP were completed and adopted in early 1990. WRT also provided designs for an expanded City Marina, Page 5 Community Redevelopment District Feasibility Study City of Aventura, Florida a first phase "early action" redevelopment project. Fort l!4yers Beach, Florida Estero Island Redevelopment Inrplementafion In ]992 WRT commenced a continuing assignment to implement a long range strategy to upgrade the charac- ter of the Estero Island residential / resort communiLy. The project entails the revitalization of the community's village toxvn center as well as extensive landscape beautification throughout this seven mile long barrier is]and. Hollywood, Florlaht Hollywood Downtown Facade Program and Redevelopment Implementation Program In 1983 WRT, Inc. was retained by DowntoYvn Hollywood (;enter inc. to prepare design guidelines fnr the rehabilitation o£commercial buildings within the downtown atea. WR~[; Inc. has subsequently participated as architect for nearly 20 individual rehabilitation projects. WRT also completed the plamring, landscape architecture and architecture components of the ciLy's Downtown Redevelopment hnplenrentatlon Program. Jacksonville Beach, Floriah~ Cornmtmity Redevelopment Plan In January 1986 WKI' was retained as prime consultant m lead a team effort in creating a Community Redevelopment Plan for the downtown area of Jacksonville Beach. The plan c,4ls fbr major new investments in hotel, specialty retail and housing development. Following plan adoption, WRT was retained as architect for public inrprovemenrs within the redevelopment area. Seawalk and Crdtural Plaza In 1987 WRT was retained as architect and landscape architect to design a $1.0 million ocean£ront promenade, named Seawalk, ,as well as a major oceanfront bandshell and plaza. This "early action" redevelopment project was completed on-schedule in August ~988. In 1989, the project was named Outstanding Public Works Project of the Year in the Jacksonville Area of the Florida Planning and Zoning Association. Jupiter, Florid~t U.S. Highway One / intracoastal VCater~vay Corridor Master Plan WRT recently completed a master plan and development guidelines for the corridor defined by U.S. Highway One and the Intracoastal X,Vater- ~vay. The plan scrs town policy concerning roadway cross sections and coordination with [:DOT and the MPO concerning future hlgh~vay ca- pacity improvements. In addition, the plan and development guidelines call for strengthened landscape buffers, enhanced public waterfront ac- cess, a more innovative mixed use development concept and the re-cre- ation of a 'town center" fishing village area along the Jupiter inlet water- front. Page 6 Community Redevelopment District Feasibility Study city of Aventura, Florida Key West, Florida Redevelopment Plan for Key West Bight WRT is currently preparing a redevelopment plan for Key West's historic waterfront Bight. Located adjacent tourist oriented Duvall Street and the historic Old Town residential district, the plan will seek to define a new waterfront Town Center which secures new investment while retaining the rough-and-tumble waterfront character indigenous to Key West. Specific plan components include an historic commercial fishing fleet, maritime museum and a mixed use village of residential, office and specialty retail uses. London, Ontario Downtown Urban Design Plan Faced with ne*v development in conflict with the compact urban character which had long been established in downtown London, the City recognized a need to better guide thc character as well as thc strategic placement of new downtown investment. WRT recently completed a downtown urban design plan which establishes a strategic plan for long rage downtown development as well as specific regulatory policies for key urban design principles of scale, form, open apace and relationships among new and existing developments. Miami, Florida Downtown Miami Urban Design WRT has been involved in guiding devdopment in downtown Miami for over twenty years. Beginning with the downtown Miami master plan in 1973, downtown has experienced a surge in new investment and in the creation ora consolidated down- town waterfront. Currently, WRT serves as on-going urban design consultant to Miami's Downtown Development Authority. Miami Riverfront Development Plan In 1978 WRT completed a concept plan for the redevelopment of the downtown Miami Riverfront. The plan calls for new private investment in mixed use development and new public investments in a waterfront park and river dean-up efforts. ParkWest Redevelopment Plan In 1980 WRT was retained by Miami's Downtown Development Authority to act as prime consultant for preparation ora redevelopment plan for a new residential community in downtown. Conceived originally in WRT's 1973 Downtown Miami Urban Design Plan, the project included preparation of economic and market studies, alternative redevelopment concepts and a final program and illustrative plan. Covering some 80 acres of obsolete industrial property, the project will contain in excess of 3,000 dwelling units and several hundred thousand squace feet of retail space. Southeast Overtown-Park West, Phase I Redevelopment Concept In 1984 WRT completed a redevelopment concept for the 8 block first phase of Florida's largest redevelop- ment effort. The purpose of the Concept Plan is to depict the character, quality and scale of public and private development within the project area for inclusion in the solicitation of prospective developers. Development is currently underway in conformance with the Redevelopment Concept Plan. Page 7 Community Redevelopment District Feasibility Study city of Aventura, Florida Southeast Overtown-ParkWest Pedestrian Malls WRT prepared landscape and urban design documents for the 7th and 9th Street Pedestrian Malls within the Southeast Ovettown-Park West Redevelopment Area. Designed in thc style of broad tree-shaded Latin Ameri- can "ramblas', the streets reflect the unique tropical image of Miami and enhance the urban village character of the new town-in town. Miami Beach, Florida Historic Convention Villagel City Center Redevelopment In 1992/93 WRT prepared a master plan for the revitalization of the core "Center City" area of Miami Beach. Comprising an architecturally sig- nificant historic district as well as the reinvigorated Lincoln Road Mall and one of thc nation's largest convention centers, the plan targeted major investments to upgrade the areas image and liveabiliry while attracting a new convention headquarters hotel. Following plan adoption WRT was retained as landscape architect and urban designer for over $20 million dollars in improvements to civic plazas, oceanfront corridors, village streetscapes, a river*valk, parking improvements and a redesigned Botanic Garden. Nooeolk, Virginia Downtown NorfolkWaterfront Master Development Plan Preparation of a multi-use program and plan for determining the future shape and character of this uthan waterfront. The plan establishes sites for development of a festival market, retail center, a park, and the Jacques Coustcau Marine Science Mu- seum. Orlando, Florida Downtown Development Plan Beginning in 1980 WRT prepared a citywide Growth Management Plan which created ne~v policies to redi- rect growth into downtown Orlando. This effort was followed by a downtown Growth Management Plan and Redevelopment Plan to establish necessary regulatory changes, design guidelines and capital improvements necessary to stimulate and guide new development. Streetscape Design Guidelines A significant implementation tool to emerge from the downtown plan was a set of site-specific design guide- lines for pedestrian improvements. WRT again acted as prime constdtant for the preparation of the streetscape design guidelines. Page 8 Community Redevelopment District Feasibility Study city of Aventura, Florida Centroplex Development Plan The Centroplex site was identified by WRT in Orlando's Down- town Plan as an area which could generate opportunities for additional convcntion-rdatcd activities. The 50-acre project con- sists of the existing Bob Carr Performing Arts Center, an existing Expo center, a recently completed 10,000 seat Civic Arena (home of the NBA Orlando Magic) and a 400-room hotel. The WRT plan clusters these facilities around a new public plaza and wa- ter feature at the terminus of downtown's principal pedestrian street. Following plan adoption, WRT assisted in the prepara- tion of a Hotel Development Prospectus which was used to se- lect the developer and operator of the Omni Hotel. CityWide Urban Design Plan WRT was retained by the City of Orlando to evaluate the city's overall urban design character and make specific recommendations to enhance the urban quality of life and the image of the city. WRT selected several key corridors and districts for detailed study and, using "before and after" sketches provided specific guidelines for an area-wide urban design retrofit. Redevelopment Plan for South Orange Blossom Trail WRT has participated in a multi phase effort to plan for the redevelopment of one of Orlando's most unap- pealing corridors. WRT began by preparing the redevelopment Finding of Necessity, leading to the prepara- tion of preliminary urban design concept and redevelopment strateg7. Pensacola Beach, Florida Pensacola Beach Core Area Redevelopment Thc island side comprehensive plan for Pensacola Beach prepared by WRT called for an extensive redevelop- ment of the community's commercial mad entertainment core area coupled with new resort noted development to stimulate the area's lagging economy. In 1993 WRT was retained to prepare a detailed plan and designs for a first phase $3.5 million investment in a new boardwalk, outdoor amphitheater and revitalized commercial area. Sarasota, Florida Sarasota Downtown Civic Center WRT completed a master plan for a major waterfront civic center in do*vntown Sarasota. The plan incorpo- rates the existing Performing Arts Center along with a waterfront promenade bandshell pavilion, boating facilities and specialty retail and restaurants. WRT was subsequently retained as architect for the first phase $1.0 million investment in park and boating access improvements. Total planned investment is for $4.5 million dollars. Tampa, Florida North Franklin Corridor Redevelopment Concept In 1984 WRT completed a redevelopment concept for Tampa's deteriorated North Franklin Corridor. The plan calls for new public investments in streetscapc improvements and parking plus other incentives necessary to stimulate the adaptive re-use of buildings in this historic section of downtown. WRT was responsible for the development of alternative concepts, streetscape design and other implementation measures Page 9 Community Redevelopment District Feasibility Study City of Aventura, Florida DowntownWest Urban Design Concept WRT completed this assignment as part of a consulting team to develop an urban revitalization plan for a consortium of property owners along the Hillsborough river adjacent to Downtown Tampa. Concepts gener- ated included a rivet~valk, specialty retail revitalization and offce and residential redevelopment. Waikikl, Hawaii Spedal District Master Plan WRT was recently selected to prepare a special District Master Plan to stimulate and guide new forms of investment in the central tourist area of Waikiki. Faced with mounting congestion, a declining housing stock and escalating land values, the plan will seek solutions to problems of parking and traffic and establish new guidelines for development scale and chax'acter. Washington, D. C. Downtown D.C. '5~ Living Downtown for washington" The plan for Downtown Washington is a course of action toward a reinvigo- rated city center. It is the result of a year-long study by the Office of Plan- ning and Development, the Mayor's Land use, urban design, transportation, implementation and community outreach were addressed and specific ac- tions were formulated. The plan establishes eight sub-areas and sets goals and programs for investment in each. Master Plan for the United States Capitol and Grounds Thc Legislative Branch Appropriations Act of 1976 authorized the prepara- tion of a new Master Plan for the future development of the grounds of the U.S. Capitol to meet the needs of an expanding Congress, Supreme Court, and Library of Congress. WRT was retained to head the National Capitol Planning Group. The first phase report proposed a detailed work program followed by the groups' Phase II Report showing the results of thc analysis and alternatives studied. Phase Iii presents the final recommendations for future development of the Capitol Grounds. Elements of the Master Plan include urban design, landscape transportation, program, and phasing. Re- cently thc plan was named recipient of the award of highest honor by thc American Institute of Architects. Page 10 Community Redevelopment District Feasibility Study City of Aventura, Florida References (7) We encourage confirmation of our past performance with thc following client references for similar projects. Additional contacts are available upon request. Fort Myers Beach Redevelopment Shaye Pratner, Lee County CRA (813) 335-2510 Downtown London Urban Design Plan Gregg Barrett, City of London (519) 661-4980 Capitol Center Master Plan - TallaJaassee Trent Price, Executive Director Capitol Center Planning Commission (904) 48804739 Downtown Miami Urban Design Patti Allen, Executive Director Miami Downtown Development Authority (305) 579-6675 Key West Bight Development Ty Symroski, Planning Director (305) 292-8229 Manalapan Architecttmal Design Guidelines (ongoing) Hon. Charles Helm, Mayor Town of Manalapan (407) 585-9477 Coral Springs Architectural Guidelines Ms. Susan Hess, Director Department of Community Development (954) 344-1025 Page 11 CITY OF AVENTURA INVITATION TO SUBMIT QUALIFICATIONS 98-10-28-2 Community Redevelopment District Feasibility Study SUBMITTAL DATE: October 28, 1998 2:00 P.M. INVITATION TO SUBMIT QUALIFICATIONS ISQ #98-10-28-2 CITY OF AVENTURA Community Redevelopment District Feasibility Study In accordance with the Consultants' Competitive Negotiation Act, Chapter 287.055, F.S., the City of Aventura invites qualified planning consulting firms to submit qualifications to provide consulting services for the preparation of a Community Redevelopment District Feasibility Study. This study will provide the fundamental statistical data, facts, and information relative to a preliminary assessment for the viability of establishing community redevelopment Districts in two areas of the City. Interested firms should pick-up the Invitation to Submit Qualifications package at the following location: Finance Support Services Department City of Aventura 2999 N. E. 191 Street Suite 500 Aventura, FL 33180 Submittals must be received no later than 2:00 p.m. on October 28, J998 and clearly marked on the outside "COMMUNITY REDEVELOPMENT DISTRICT FEASIBILITY STUDY". Late submittals will not be accepted. Eric M. Soroka City Manager SUBJECT: INVITATION TO SUBMIT QUALIFICATIONS Community Redevelopment District Feasibility Study OPENING DATE & TIME: October 28, 1998 @ 2:00 P.M. SUBMITTO: Office of the City Manager City of Aventura 2999 N.E. 191 Street, Suite 500 Aventura, Florida 33180 ISQ NUMBER: 98-10-28-2 INTENT The City of Aventura, Florida is inviting the submission of qualifications from qualified firms to provide consulting planning services for the preparation of a Community Redevelopment District Feasibility Study. BAC KG R_O_U__~_Q The City of Aventura was incorporated in November 1995. The City is approximately 3.2 square miles with an estimated population of 20,000. The City has transmitted its Comprehensive Plan to the Department of Community Affairs for review. The Comprehensive Plan designates two prominent areas for redevelopment. One such area is commonly called the "Hospital Area" (see Hospital District Map). This area is generally defined as that portion of the City lying in the triangle formed by the northern City limits, the western City limits (FEC Railroad) and Biscayne Boulevard. The dominant development site in the area is Aventura Hospital. However, a mix of disconnected uses surround the hospital and its accessory buildings. Currently, the array of uses within this area include self-storage warehouse and single family homes in need of both minor and major repairs. Another such area for redevelopment is commonly referred to as "Thunder Alley" (see Thunder Alley District Map). This area is generally defined as the properties that border NE 188th Street to the north and south and extends to the Loehmann's Fashion Island shopping center. The area along NE 188th Street is the only industrial area of the City, and it includes a significant percentage of the boat building industry. Being an industrial area, some of the development activities are neither consistent or complementary to the area. The Loehmann's shopping center is experiencing stiff competition from Aventura Mall which has resulted in numerous vacant stores. As part of the redevelopment efforts in this area, a "Town Center" zoning district is proposed along NE 29~h Avenue. The City is exploring the feasibility of establishing a Community Redevelopment Agency (CRA) consistent with the guidelines and requirements of the Community 2 Redevelopment Act, Florida Statutes and to utilize tax increment financing to fund land acquisition and improvements. SERVICES SOUGHT The purpose of this study is to determine the feasibility of establishing a CRA and to determine the revenue that would be available for tax increment financing and operating the CRA in each district defined above. As part of the study the consultant shall investigate tax data for the parcels under consideration for the CRA. The consultant shall also establish a time line for the creation of a CRA with respect to the strategic establishment of the timing of the use of tax increment financing. CONTENT OF PROPOSAL Please submit the following information, with responses numbered accordingly, on 8.5" x 11" sheets: 1. Name, address and telephone 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 in charge of the proposed project and percentage of time devoted to this project. 5. Name, function, and qualifications of personnel in the organization who will be involved in this project. Please note, to receive further consideration, at least one person assigned to this project must, within the past five years, have conducted or assisted in a similar study of comparable objectives. 6. Proposed time schedule for completion of the project. 7. Provide examples of at least three other studies that the firm has worked on in the last five years. Identify those agencies and provide contact name and information of the individual at the respective agency who was responsible for project coordination. Proposer shall identify the members of this team who were involved with these studies, the capacity and extent of their involvement, the firm with which they worked if other than the proposer's firm, and the scope of services provided for each of those studies, and shall provide documentation of same. 8. General and professional liability insurance company name and extent of coverage. 9. Present projects being processed by the organization (include name, type, location, owner, estimated cost and percent completed). 10. Future projects under contract by the organization (include name, type, location, owner, estimated cost, and proposed date of completion of project). 11. Standard forms 254 and 255. 12. Any other information you feel is appropriate to assist in consultant selection. 13. Respondents must submit five (5) copies of the proposal, one of which shall be unbound. 14. Submittals shall be received no later than 2:00 P.M. on October 28, 1998 and clearly marked on the outside" Community Redevelopment District Feasibility Study." EVALUATION OF PROPOSALS 1. A Review Committee consisting of the City Manager, Assistant to the City Manager, Community Development Director, and Finance Support Services Director will evaluate written proposals. Evaluation will include the following criteria: Qualification and experience of personnel who will be directly involved in all elements of the work. Firm size, age, and organizational structure. Firm's experience with projects that are similar to the requests of this ISQ. Completion schedule. 2. The highest ranked proposals will be identified and those firms will be requested to make a formal presentation before the selection Committee. The Committee will recommend the two (2) highest ranking firms to the City Commission. The City Commission shall, by resolution, rank the two (2) firms and authorize negotiations pursuant to CCNA. QUESTIONS Questions concerning this Invitation to Submit Qualifications should be directed in writing to: Eric M. Soroka, City Manager City of Aventura 2999 NE 191 Street, Suite 500 Aventura, FL 33180 Fax (305) 466-8919 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 ISQ. 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. Final determination and award of proposal(s) shall be made by the City Commission. All materials submitted in response to the Invitation to Submit Qualifications 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 ISQ, whether amended or not, and selection or rejection of the Submittal 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 consultant. 4 BROWARD MIAMI-DADE COUNTY ADDmOI,~J..*.DIA(INT ~ ..... ~ND ~E CAIn-GO,lB ~ ~su~ Road lAND USE CATEGOIIY Reddm~ ~ Bu~ and Of~m ~ Indum~ ~,d Of~m CF Map 1-7 Proposed Future Land Use With Adjacent Land Uses & Parks & Open Space City of Aventura Comprehensive Plan - 1998 SCALE IN F~T Ivey, Hattie & Wslla, Inc. Bisca~e Blvd. Fly - Over Existing H~spita[ Legend Hospital District Study City of Aventura Ivey, Harris & Wal~ Bric. Bo~t Cfiannel Boat Channel Proposed Park Site ~_ 4 a¢c t RetaiL/, Commercial Office I t'&nufa~urin§ Green Space Town Center / Thunder Alley District City of Aventura CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission Eric M. So roka, ~,,~t~..~na~ r City of Hallandale Agreements Between the City and the December 15, 1998 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing execution of the Law Enforcement Mutual Aid Agreement with the City of Hallandale. BACKGROUND In order to improve cooperative relationships between law enforcement agencies and provide a mechanism to share police resources in the event of emergencies or certain demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows agencies to enter into Police Services Mutual Aid Agreements. The various departments use a basic Mutual Aid Agreement. The City has previously entered into similar agreements with North Miami Beach, Miami-Dade County, Indian Creek Village, Golden Beach and Sunny Isles Beach. The following list comprises the circumstances and conditions under which mutual aid may be requested: The joint multijurisdictional criminal investigations. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes, and strikes. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from or disturbances within detention facilities. 7. Hostage and barricaded subject situations, and aircraft piracy. 8. Control of major crime scenes, area seamhes, perimeter control, back-ups to emergency and in-process calls, pursuits, and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events, e.g., sporting events, concerts, parades, fairs, festivals and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization of specialized units, e.g., underwater recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol, and police information. 15. Joint training in areas of mutual need. The Agreement is beneficial in our mission to protect the safety and quality of life of our residents. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0679-98 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF HALLANDALE FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized on behalf of the City of Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between the City of Aventura and the City of Hallandale for law enforcement activities in substantially the form as attached hereto. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described in Section 1 above, and to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Jeffrey M. Perlow Resolution No. Page 2 Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Arthur I. Snyder PASSED AND ADOPTED this 15th day of December, 1998. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY /tms CITY OF AVENTURA POLICE DEPARTMENT MEMORANDUM TO: FROM: DATE: SUBJECT: Eric M. Soroka, C. ity Manager Thomas E~i~olice November 23, 1998 Hallandale Mutual Aid Agreement This Agreement is slightly different than the standard County Agreement, but fundamentally appears to meet all the necessary requirements for a Mutual Aid Agreement. Please place on the agenda for approval at the next Commission Meeting. LAWRENCE A. FARAGHER CHIEF OF POLICE November 23, 1998 Iall nL le olice ]eF rtmeut EXECUTIVE OFFICE TEL: 954-457-1400 FAX: 954-457-1665 Chief Thomas E. Ribel Aventura Police Department 2960 Aventura Boulevard Aventura, Florida 33180 Dear Chief Ribel: I am taking the liberty in Chief Faragher's absence to forward to you the enclosed Mutual Aid Agreement between our two cities. Please have your city officials sign and return one original for our files. A copy of the agreement will also be forwarded to FDLE in Tallahassee for their files. Thank you for this fine opportunity to provide the best police service to our communities. Sincerely yours, Thomas A. Magill Assistant Chief of Police TAM: fb Enclosure A198509/TXTPOLIC MUTUAL AID AGREEMENT This agreement made this day of ,1998, between the CITY OF HALLANDALE AND AVENTURA POLICE DEPARTMENTS: WITNESSETH WHEREAS, in recognition of the existing and continuing possibility of law enforcement intensive situations and emergencies within the cities of Hallandale, Florida and Aventura, Florida, and in order to insure the preparation of law enforcement resources will be adequate to deal with such activity, protect the public peace and safety and preserve the lives and property of the people of the cities of Hallandale and Aventura; and WHEREAS, the police chief of each municipality is the Chief Law Enforcement Officer of and responsible for law enforcement services within such municipality; and WHEREAS, the cities of Hallandale, Florida, and Aventura, Florida, have authority under Part I of Chapter 23, Florida State Statutes (1989), Florida Mutual Aid Act to enter into a requested MUTUAL AID AGREEMENT; NOW, THEREFORE, BE IT KNOWN that the cities of Hallandale and Aventura hereby approve and enter into this agreement whereby the police department of each municipality may request and render law enforcement assistance to the other in emergencies under Section 252.34(2), Florida Statutes and law enforcement intensive situations including, but not limited to the following: 5. 6. 7. 8. 9. 10. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes and strikes. Any natural disaster. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large scale evacuations, aircraft and shipping disasters, rites, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills and electrical power failures. Terrorist activities including, but not limited to, acts of sabotage. Escapes from, or disturbances within, detention facilities. Hostage and barricaded subject situations. Sporting events, concerts and parades. Security and escort duties for dignitaries. Incidents requiring utilization of specialized units; e.g., underwater recovery, aircraft, canine, motorcycle, bomb and crime scenes. Emergency or intensive situations in which one agency needs additional assistance to perform its functional objective. NOW, THEREFORE, the parties agree as follows: SECTION I: In the event that a party to this agreement is in need of assistance as set forth above, such party shall notify the agency or agencies from whom such assistance is required. The police chief of the municipality whose assistance is sought shall evaluate the situation and his available resources and will respond in a manner he deems appropriate. SECTION I1: Each party agrees to furnish necessary equipment, resources and facilities and to render services to any other party to the agreement as set forth above; provided, however, that no party shall be required to deplete unreasonably its own equipment, resources, facilities and services in furnishing such mutual aid. SECTION II1: The party which furnishes any equipment pursuant to this agreement shall bear the loss or damage to such equipment and shall pay any expense incurred in the operation and maintenance thereof. The party furnishing aid pursuant to this part shall compensate its employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing body having budgetary jurisdiction to reimburse the assisting agency for any actual costs or expenses by the assisting agency performing hereunder. SECTION IV: Each municipality will bear the liability arising from acts undertaken by its personnel pursuant to this agreement. All of the privileges and immunity from liability, exemptions from laws, ordinances and rules and all pension, insurance, relief, disability, workers compensation, salary, death and other benefits which apply to the activity of such officers, agents or employees of any such agency when performing their respective function within the territorial limits of their respective public agencies shall apply to them to the same degree, manner and extent while engaged in the performance of any of their functions and duties extra-territorially under the provisions of this Mutual Aid Agreement. This section shall apply with equal effect to paid volunteer and auxiliary employees. SECTION V: The resources or facilities that are assigned shall be under the immediate command of a supervising officer designated by the assisting party. Such supervising officer shall be under the direct supervision and command of the agency head or his designee of the agency requesting assistance. SECTION VI: In accordance with Section 23.127(1), Florida Statutes, whenever the employees of the responding agency or agencies are rendering aid outside their jurisdiction pursuant to this agreement, such employees shall have the same powers, duties, rights, privileges and immunities as if they were performing their duties in the municipality in which they are normally employed or appointed. SECTION VII: It is recognized that during the course of operation of this Agreement, property subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes, may be seized. The property shall be seized, forfeited and equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency. The agency requesting assistance will be given the responsibility to initiate formal litigation for property and proceeds. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. SECTION VIII: Any party may withdraw from this agreement upon written notice to all other parties. SECTION IX: This agreement shall remain in effect for a period not to exceed five years. Under no circumstances may this agreement be renewed, amended or extended except in writing. (~it~er Hallandale, FL City Manager Aventura, FL Date Executed: ~//- ~r ~'~ Date Executed: ATTEST: ATTEST' City Clerk ' City Clerk Hallandale, FL Aventura, FL APPROVED AS TO FORM AND CORRECTNESS ONLY/ TERMS AND CONDITIONS PROVIDED BY OTHERS City Attorney Hallandale, FL APPROVED AS TO FORM AND CORRECTNESS City Attorney Aventura, FL CITY OF AVENTURA OFFICEOFTHECITYMANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission /~/,.,~ Eric M. Soroka,/~,M~ag~ November 25, 1998 Aid Law Enforcement Mutual Harbour Village Agreements Between the City and Bal December 15, 1998 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing execution of the Law Enforcement Mutual Aid Agreement with the Village of Bal Harbour. BACKGROUND In order to improve cooperative relationships between law enfomement agencies and provide a mechanism to share police resources in the event of emergencies or certain demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows agencies to enter into Police Services Mutual Aid Agreements. The various departments use a basic Mutual Aid Agreement. The City has previously entered into similar agreements with North Miami Beach, Miami-Dade County, Indian Creek Village, Golden Beach and Sunny Isles Beach. The following list comprises the circumstances and conditions under which mutual aid may be requested: The joint multijurisdictional criminal investigations. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes, and strikes. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from or disturbances within detention facilities. 7. Hostage and barricaded subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back-ups to emergency and in-process calls, pursuits, and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events, e.g., sporting events, concerts, parades, fairs, festivals and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization of specialized units, e.g., underwater recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol, and police information. 15. Joint training in areas of mutual need. The Agreement is beneficial in our mission to protect the safety and quality of life of our residents. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0678-98 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND BAL HARBOUR VILLAGE FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized on behalf of the City of Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between the City of Aventura and Bal Harbour Village for law enforcement activities in substantially the form as attached hereto. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described in Section 1 above, and to carry out the aims of this Resolution. 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 Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Jeffrey M. Perlow Resolution No. Page 2 Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Arthur I. Snyder PASSED AND ADOPTED this 15th day of December, 1998. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY /tms HARBOUR FLORIDA'S PARADISE October 28, 1998 Chief Thomas E. Ribel Aventura Police Department 2960 Aventura Boulevard Aventura, Florida 33180 Re: Mutual Aid Agreement Dear Chief Ribel: Enclosed please find four (4) copies of the Mutual Aid Agreement and Joint Declaration Amendment for police services between Bal Harbour and Aventura. All copies have been executed by the appropriate representatives for Bal Harbour. Once the documents have been executed by Aventura, please return an original copy to my attention for our files. Should you have any questions, please contact me. Thank you. Sincerely, EIlisa Wright Administrative Assistant enclosures Bal Harbour Village Hall * 655 96th Street, Bal Harbour · FL 33154 · 305-866-4635 * Fax 305-868-6575 MUTUAL AID AGREEMENT Between the Bal Harbour Village Police Department and the City of Aventura Police Department WHEREAS, it is the responsibility of the governments of the Bal Harbour Village, Florida, and the City of Aventura, Florida, to ensure the public safety of their citizens by providing adequate levels of police services to address any foreseeable routine or emergency situation; and WHEREAS, because of the existing and continuing possibility of the occurrence of law enforcement problems and other natural and manmade conditions which are, or are likely to be, beyond the control of the services, personnel, equipment or facilities of the participating municipal police departments; and WHEREAS, in order to ensure the preparation of these law enforcement agencies will be adequate to address any and all of these conditions, to protect the public peace and safety, and to preserve the lives and property of the people of the participating Dade County municipalities; and WHEREAS, the participating Dade County municipalities have the authority under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into a Mutual Aid Agreement. NOW, THEREFORE, BE IT KNOWN, that Bal Harbour Village, subdivision of the State of Florida, and the undersigned representatives, in consideration for mutual promises to render valuable aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions: 1. Short title: Mutual Aid Agreement Description: Since the Mutual Aid Agreement provides for the requesting and rendering of assistance for both routine and law enforcement intensive situations, this Mutual Aid Agreement combines the elements of both a voluntary cooperation agreement and a requested operational assistance agreement as described in Chapter 23 Florida Statutes. 3. Definitions: Joint declaration: A document which enumerates the various conditions of situations where aid may be requested or rendered pursuant to this Agreement, as determined by concerned agency heads. Subsequent to execution by the concerned agency heads, the Joint Declaration shall be filed with the clerks of the respective political subdivisions and shall thereafter become part of this Agreement. Said declaration may be amended or supplemented at any time by the agency heads by filing subsequent declarations with the clerks of the respective political subdivisions. Agency or participating law enforcement agency: Either the Bal Harbour Village Police Department or the participating municipal police department. Agency Head: Either the Chief of the Bal Harbour Village Police Department, or the Chief's designees, and the Chief of Police of the participating municipal police department, or the Chief's designees. Participating municipal police department: The police department of any municipality in Dade County, Florida, that has approved and executed this Agreement upon the approval of the governing body of the municipality. Certified law enforcement employees: Any law enforcement employee certified as provided in Chapter 943, Florida Statutes. Operations: In the event that a party to this Agreement is in need of assistance as specified in the applicable Joint Declaration, an authorized representative of the police department requiring assistance shall notify the agency from whom such assistance is requested. The authorized agency representative whose assistance is sought shall evaluate the situation and his available resources, and will respond in a manner deemed appropriate. Each party to this Agreement agrees to furnish necessary man power, equipment, facilities, and other resources and to render services to the other party as required to assist the requesting party in addressing the situation which caused the request; provided, however, that no party shall be required to deplete unreasonably its own manpower, equipment, facilities, and other resources and services in rendering such assistance. The agency heads of the participating law enforcement agencies, or their designees, shall establish procedures for giving control of the mission definition to the requesting agency, and for giving tactical control over accomplishing any such assigned mission and supervisory control over all personnel or equipment provided pursuant to this Agreement to the providing agency. 5. Powers, Privileges, Immunities, and Costs: All employees of the participating municipal police department, certified law enforcement employees as defined in Chapter 943, Florida Statutes, during such time that said employees are actually providing aid outside of the jurisdictional limits of the employing municipality pursuant to a request for aid made in accordance with this Agreement, shall pursuant to the provisions of Chapter 23, Florida Statutes, have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are normally employed. The political subdivision having financial responsibility for the law enforcement agency providing the services, personnel, equip- ment, or facilities pursuant to the provisions of this Agreement shall bear any loss or damage to same and shall pay any and all expenses incurred in the maintenance and operation of same. The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement shall compensate all of its employees rendering aid pursuant to this Agreement, during the time of rendering of such aid, and shall defray the actual travel and maintenance expenses of such employees while they are rendering such aid. Such compensation shall include any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. Such compensation shall also include all benefits normally due such employees. All exemption from ordinances and rules, and all pension, insurance, relief, disability, workers compensation, salary, death, and other benefits which apply to the activity of such officers, agents, or employees of any such agency, when performing their respective functions within the territorial limits of their respective agencies, shall apply to them to the same degree, manner, and extent while engaged in the performance of their functions and duties extraterritorial under the provisions of this Mutual Aid Agreement. The provision of this Agreement shall apply with equal effect to paid and auxiliary employees. Indemnification: The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement agrees to held harmless, defend, and indemnify the requesting law enforcement agency and its political subdivision in any suit, action or claim for damages resulting from any and all acts or conduct of employees of said providing agency while providing aid pursuant to this Agreement, subject to Chapter 768, Florida Statutes, where applicable. Forfeitures: It is recognized that during the course of the operation of the Agreement, property subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes, may be seized. The property shall be seized, forfeited, and equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. Conflicts: Any conflict between this Agreement and the Florida Mutual Aid Act will be controlled by the provisions of the latter, whenever conditions exist that are within the definitions stated in Chapter 23, Florida Statutes. Effective Date and Duration: This Agreement shall be in effect from date of signing, through and including January 1, 2001, and under no circumstances may this Agreement be renewed, amended or extended except in writing. 10. Cancellation: This Agreement may be canceled by either party upon sixty (60) days written notice to the other party. Cancellation will be at the discretion of the chief executive officers of the parties hereto. AGREED AND ACKNOWLEDGED this Vill-a~ge~a~ager, Bal 'Harbour Village, Flodda day of September, 1998. city Manager, City of Aventura, Flodda A%TEST: ~illageClerk, Bal RarbourVill g , ATTEST: City Clerk, City of Aventura, Flodda APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Villa~Ha~)our Village, City A~ Flodda JOINT DECLARATION OF THE CHIEF OF THE CITY OF AVENTURA POLICE DEPARTMENT AND THE CHIEF OF THE BAL HARBOURVILLAGE POLICE DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT A deputy sheriff or police officer of either of the participating law enforcement agencies shall be considered to be operating under the provisions of the Mutual Aid Agreement when: participating in law enforcement activities that are preplanned and approved by each respective agency head, or appropriately dispatched in response to a request for assistance from the other law enforcement agency. In compliance with, and under the authority of, the Mutual Aid Agreement, hereto entered into by the City of Aventura, Florida, and the Bal Harbour Village, Florida, it is hereby declared that the following list comprises the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant to the Agreement. Said list may be amended or supplemented from time to time, as needs dictate by subsequent declarations. 1. Joint multi-jurisdictional criminal investigations Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes, and strikes 3. Any natural disaster Incidents which require rescue operations and crowd and traffic control measures, including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures 5. Terrorist activities including, but not limited to, acts of sabotage 6. Escapes from or disturbances within detention facilities 7. Hostage and barricaded subject situations, and aircraft piracy Control of major crime scenes, area searches, perimeter control, backups to emergency and in-progress calls, pursuits, and missing persons calls 9. Enemy attack 10. Transportation of evidence requiring security 11. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and conventions 12. Security and escort duties for dignitaries 13. Emergency situations in which one agency cannot perform its functional objective 14. Incidents requiring utilization of specialized units; e.g., underwater recovery, canine, motorcycle, crime scene, marine patrol enforcement or investigation, and police information 15. Joint training in areas of mutual need 16. Participating in exigent situations without a formal request which are spontaneous occurrences such as area searches for wanted subjects, perimeters, crimes in progress, escaped prisoners; traffic stops near municipal boundaries, request for assistance and no local unit is available or nearby, calls or transmissions indicating an officer is injured, calls indicating a crime of incident has occurred in which a citizen may likely be injured and the assisting municipality is closer to the area than the officer receiving the call 17. Mutual enforcement of alt existing applicable laws and ordinances and exercise of arrest powers within the area comprising the jurisdictional waters within respective municipal boundaries C.~f of leal bC~rbour Village Police Dept. Bal Harbour Village, Florida LARRY FREEMAN Chief of City of Aventura Police Dept., Aventura, Flodda THOMAS E, RIBEL ATTEST: Baf~-tarbour Village, VILLAGE CLERK / ATTEST: City of Aventura, CITY CLERK JOINT DECLARATION AMENDMENT UNDER BAL HARBOUR VILLAGE/ AVENTURA POLICE MUTUAL AID AGREEMENT This Agreement amends the Joint Declaration under the Mutual Aid Agreement of , 1998, to include and permit concurrent marine patrol related jurisdiction between agencies on the waters, waterways, canals, channels, rivers, lakes, streams, and any and all other bodies of waters, including the Intracoastal Waterway (!CW) that fall within either jurisdiction at this or any future time during the term of this Mutual Aid Agreement. It will be agreed between both Chiefs of Police of the Bal Harbour Village and the City of Aventura to the following conditions of concurrent marine patrol related jurisdiction: Both agencies will be permitted to patrol jurisdictional waters of either jurisdiction, and to take enforcement actions as deemed appropriate under city, state, and federal laws, rules, and regulations, and to write boating law violation citations, make arrests, and to attend court on be- half of the other agency. Both agencies agree that any and all incidents, which require an initial (preliminary) police offense incident report (OIR), will be completed by the agency making the initial contact. Any follow-up investigations that are required are to be completed by the jurisdiction the incident occurred regardless of which agency completed the original offense incident report. If an arrest is made by one agency that is operating in the jurisdictional waters of the other agency, and that arrest results in asset forfeiture proceedings, both agencies agree to a 50-50 share of the final asset distribution following the payment of all expenses relating to the prose- cution of the civil case. The jurisdiction of civil forfeiture action shall be filed by seizing agency. Both agencies have the right to set their own days and hours for marine patrol and agree to provide assistance and aid to the other agency under the spirit of Mutual Aid Agreement. This Amendment shall become effective upon the signing of both Chiefs of Police and shall remain in effect until either the current Mutual Aid Agreement and Joint Declaration expires or either agency gives written notice to the other agency to rescind this Amendment. I accept the terms and conditions of the aforementioned Amendment to the current Mutual Aid Agreement and Joint Declaration between the City of Aventura Police Department and the Bal Harbour Village Police Department. Date Affre~.~'~Pped&, ~/ill'ag~ Ma~r Bal Harbour Village, Florida Eric M. Soroka, City Manager Aventura, Florida ~arry PCeer~an, Chief of Police Bal Harbour Village Police Dept. Thomas E. Ribel, Chief of Police City of Aventura Police Dept. (914 Joint Declaration) RESOLUTION NO. 98- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA BEAUTIFICATION ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 96-24, the City Commission of the City of Aventura provided for the creation of the Beautification Advisory Board; and WHEREAS, the term of office for current Board members expires on December 16, 1998; and WHEREAS, in accordance with the provisions of Section 3.11 of the City Charter of the City of Aventura, the City Commission wishes to provide for approval of the Mayor's appointment of members to the Beautification Advisory Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby approves the appointment by the Mayor of the following individuals to serve as members of the Beautification Advisory Board for a term of one year: Janice Albin Robert Diamond Dan Eichmann Marian Nesbitt Fanny Fraynd Singer Stuart Schulman Rubin Steiner Section 2. This Resolution shall become effective immediately upon its adoption. Resolution No. 98-__ Page 2 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 Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Arthur I. Snyder PASSED AND ADOPTED this 15th day of December, 1998. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY /tms CITY OF AVENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission Eric M Soroka, ~l~anag Teresa M. Smith,"Cl~ December 8, 1998 Proposed Ordinance Establishing Commencement Office of Elected Officials of Terms of Reading December 15, 1998 Reading January 5, 1999 City Commission Agenda Item City Commission Agenda Item Recommendation It is recommended that the City Commission enact the attached proposed ordinance which establishes the commencement of terms of office of elected officials. Back.qround Section 5.01(i) of the City Charter provides that the term of office of any elected official will commence following the election for such elected office, as provided by ordinance of the City. In preparation for the March 2, 1999 municipal election, the attached proposed ordinance provides that the date of commencement of office for Commission seats 1, 3 and 5 shall be March 17, 1999, the day after the runoff date, if a runoff is necessary. The proposed ordinance further provides that the term of office for Commission seats 2, 4, 6 and the Mayor elected in 2001 shall be March 21, 2001 (also the day after the runoff date, if necessary) and thereafter the term of office for regular terms of the Mayor and Commissioners shall commence on the day after the third Tuesday in March of each election year. Should you have any questions, please feel free to contact me. /tms ORDINANCE NO. AN ORDINANCE OF THE cI'rY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 26 "ELECTIONS" AT ARTICLE II "CITY COMMISSION AND MAYOR" BY CREATING SECTION 26-32 "COMMENCEMENT OF TERM OF ELECTED OFFICIALS"; PROVIDING FOR COMMENCEMENT OF TERM OF OFFICE OF ELECTED OFFICIALS OF THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCUSION IN THE CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 5.01(i) of the City Charter, the term of office of the elected officials of the City will commence following election for such office, as specified by ordinance of the City; and WHEREAS, the City Commission desires to provide by ordinance for the orderly commencement of the term of elected officials of the City. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That Section 26-32 "Commencement of Term of Elected Officials" of Article II "City Commission and Mayor" of Chapter 26 "Elections," of the City Code, is hereby created to read as follows: Section 26-32 Commencement of Term of Elected Officials. (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) (c) The next regular term of office for Commission seats 2, 4, and 6, which expire on March 20, 2001, shall commence on March 21, 2001, following the regular election. Except as provided in subsection (a) and (b) above1 the term of office for regular terms of the Mayor and Commissioners shall commence upon the day after the third Tuesday in March Ordinance No. Page 2 subsequent to the occurrence of the election to fill the next regular term of office for the respective Mayoral or Commission seat. Section $. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the (:;ode. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and 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 $. Effective Date. 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. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Arthur I. Snyder Ordinance No. Page :3 The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 15th day of December, 1998. PASSED AND ADOPTED on second reading this 5th day of January, 1999. Al-rEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commissio City~~r Eric M. Soroka, December8, 199¢.. ~ Work Authorization No. 15414.51 for Keith & Schnars, P.A. N.E. 185th Street and N.E. 28th Court Capital Improvement Program December 15, 1998 City Commission Meeting Agenda Item r7' (~ RECOMMENDATION It is recommended that the City Commission authorize the execution of the attached Work Authorization with Keith & Schnars to prepare construction plans, documents, and construction observation relating to the N.E. 185th Street and N.E. 28th Court Capital Improvements. This project consists of upgrading the current undivided two-lane roadway to a two-lane divided roadway with curb and gutter, drainage, sidewalks, landscaped medians / swales and decorative streetlighting. BACKGROUND The Capital Improvement Program for 1998/99 includes the subject project. The fee for the Work Authorization is $122,730. The project budget is as follows: General Fund Stormwater Fund Developer Contribution $ 775,000 $ 400,000 $ 186,430 Total $1,361,430 This project is scheduled to begin in May 1999. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0685-98 RESOLUTION NO. 98-__ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 15414.51 FOR THE PREPARATION OF CONSTRUCTION PLANS AND DOCUMENTS FOR NE 185TM STREET AND NE 28TM COURT IMPROVEMENTS BY AND BETWEEN THE CITY OF AVENTURA AND KEITH AND SCHNARS, P.A.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute the attached Work Authorization No. 15414.51 ($122,730) for the preparation of constructions plans and documents for NE 185th Street and NE 28th Court Improvements by and between the City and Keith and Schnars, P.A. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section3. 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: Resolution No. Page 2 Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Arthur I. Snyder PASSED AND ADOPTED this 15th day of December, 1998. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY KEITH and SCHNARS, P.A. E N G~N E E R S .- P L A N N E RS., S U R V E Y O R S WORK AUTHORIZATION NO, 15414.51 The City of Aventura has requested Work Authorization No. 15414.51, as provided for in the agreement between the City of Aventura and Keith and Schnars, P.A. and approved by the City Commission on August 20, 1996. This Work Authorization No. 15414.51 provides for technical services in accordance with Articles 3 and 4 of the agreement as further detailed in the scope of services in Exhibit A. Payment for such services shall be in accordance with Adicle 5 of the agreement. Labor ExDenses Estimated Reimbursables Engineering Design Services Permitting Services Engineering Design Survey Update Horizontal Control Plans Bidding Services Construction Services $30,400.00 $1,000.00 $4,320.00 $500.00 $2,060.00 SI,500.00 $4,160.00 $18,070.00 $1,000.00 Subconsultant Services Landscaping Design Services Landscaping Bid Services Landscaping Construction Services Electrical Design Services Electrical Construction Services Subsurface Utility Location Services 10% Project Management (K&S) $21,000.00 $1,500.00 $7,500.00 $12,000.00 $7,600.00 $3,6O0.0O $5,320.00 $1,200.00 Total Estimated Labor Expenses are $I 19,030.00 Total Estimated Reimbursables $3,700.00 The time period for this work authorization wi!! be: Preliminary Design Final Construction Plans Permitting Phase Construction Phase 30 Days 30 Days 90 Days !;~:) Days 6500 North Andrews Avenue · Ft. Lauderdale, Florida 33309-2132 (954) 776-1616 · (800) 488-1255 · Fax (954) 771-7690 ATTEST BY City Clerk Teresa M. Smith APPROVED AS TO FORM BY City Attorney Weiss Serota & Helfman, P./',. CITY: CITY OF AVENTURA, FLORIDA through its City Manager BY City Manager Eric M. Soroka __ day of _,1998 Notice to Proceed Yes Project Initiation Date RECOMMENDED through its CIP Project Manager BY No Capital Project Manager Antonio F. Tomei day of ,1998 Exhibit A Work Authorization No. 15414.51 Preparation of Final Construction Documents for Roadway Improvements N.E. 185th Street and NE. 28th Court Scope of Consulting Services between The City of Aventura, Florida and Keith and Schnars, P.A. November 10, 1998 Exhibit A WORK AUTHORIZATION NO. 15414.51 Preparation of Final Construction Documents for Roadway Improvements N.E. 185th Street and N.E. 28th Court SCOPE OF CONSULTING SERVICES PREAMBLE CONSULTANT proposes to provide professional services associated with the preparation of construction documents for roadway reconstruction of N.E. 185th Street and N.E. 28~h Court in the City of Aventura. The proposed design will incorporate elements delineated in the Capital Improvement Program report prepared by Keith and Schnars, P.A. under Work Authorization No. 15414.00.05008. Specific elements of the design shall include, but not be limited to, the geometric design, horizontal alignment, sight distance, roadway drainage, clear zones, sidewalks, driveway modifications and signage. 1.0 EngineerincJ Design Services 1.01 Preliminary Design The CONSULTANT shall prepare a preliminary roadway design for review by the City of Aventura and regulatory agencies. Prepare an opinion of probable cost for the proposed improvements. 1.02 Final En.qineerinq Desiqn The ;ONSULTANT shall prepare final construction documents for the following roadway improvements: 1. Adjust pavement width as required to achieve acceptable sight and clear zone distances. 2. Curb and gutter along the edge of pavement as required. 3. Drainage collection system. 4, Pedestrian sidewalks and crosswalks. 5. Pavement marking and signage. The final construction documents shall include the following; · Project manual including the contract documents and specifications. · Construction plans at 1" = 20' scale as follows: Title Sheet & Location Map Engineering Design Survey Demolition Plans Paving, Grading and Drainage Plans Including Profiles Paving, Marking and Signing Plans Construction Details Including Typical Cross-Sections Geometric Control Plans (Optional) 1.03 Permittin.q Phase 1 Sheet 5 Sheets 5 Sheets 5 Sheets 5 Sheets 2 Sheets 5 Sheets 1.04 The CONSULTANT shall provide technical criteria, written description and design data for use in filing the application for permits with agencies having jurisdiction to review the design of the project. Permit fees are the responsi- bility of the CLIENT and are not included within this agreement. Permit applications will be submitted to the following regulatory agencies: Metropolitan Bade County Environmental Resources Management (BERM). Metropolitan Dade County Public Works Department (Traffic Engineering only). 3. City of Aventura Meetinqs The CONSULTANT shall attend three (3) hour meetings for a period of twelve (12) weeks required to review the work tasks associated with this proposal. At the request of the CLIENT, the CONSULTANT will attend any additional meetings that will be billed on an hourly basis in accordance with our hour y rate schedule attached for CLIENT's review. 2.0 Surveying Services 2.01 En.qineerinq Desicln Survey Update CONSULTANT shall update the engineering design survey prepared December 2, 1996. The survey shall extend along the identified roads and intersections. The surveys shall include the locations and elevations of all roadway centedines, edge of pavement, medians, swales, drainage structures, drainage high points/Iow point elevations and identification of possible drainage obstructions. The services entail field locations of the following: Centerline and edge of pavement of the identified road; Driveway openings; Signage and permanent structures within the survey area; Swale locations and elevations; Drainage structure locations and inverts. Driveway openings will have additional elevations determined for tie-in considerations. Office services include updating the base sheets depicting the field locations and existing right-of-way lines and platted property lines. All surveying services shall be performed in accordance with Rule 61 F17-6 of the Florida Administrative Code. 1.02 Horizontal Control Plans CONSULTANT shall prepare horizontal control plans depicting the location of the proposed roadway features to be used by the contractor for field layout. 3.0 Bidding or Negotiating Services The CONSULTANT, following the City's approval of the Construction documents ("Construction documents" shall mean the entire contract for construction, including all addendums or alterations thereto, drawings and technical specifications) and of the latest Statement of Probable Construction Cost, shall assist the City in obtaining, evaluating, awarding and preparing construction contracts. The CONSULTANT will prepare bid packages and release them to contractors and assist in the selection of a contractor. Services include but are not limited to, a review of contract proposals, review of contractor's submitted credentials, subcontractor's submitted credentials, to assist the City in their selection of a contractor. 4.0 Construction Services 5.0 The CONSULTANT shall provide construction observation services necessary to certify to the regulatory agencies that the construction work has been completed in substantial compliance with the approved documents and permits. Services included in this item are described as follows: Shop drawinqs: The CONSULTANT will review shop drawings, samples, other data and reports which the selected contractor is required to submit for review, but only for the conformance with design concept of the project and compliance with the information given on the design drawings. Such review shall not extend to means, methods, techniques, sequence or procedures of construction or to safety precautions and programs incident thereto. Site Visits: CONSULTANT shall make visits to the site at intervals appropriate to the various stages of construction as CONSULTANT deems necessary in order to observe as an experienced and qualified design professional the progress and quality of the various aspects of the contrac- tor(s)'s work. Inspections and Tests: The CONSULTANT shall observe the utility testing required in final certification to certify to the responsible utility entity (the actual testing will be by others). Construction Observation: Service shall include coordination with contrac- tor(s) and responsible utility entity to facilitate construction of the improve- ments contained in the design plans including any preconstruction meetings. Inspections will be performed as required for permits, record drawings, information, and final utility certification. Final Certification: The CON,qULTANT will prepare the final certification and process record drawings for the design from the survey information to be supplied by the contractor or by other means agreed to by both CONSUL- TANT and CLIENT and certified to the appropriate agencies. We anticipate the following items requiring as-built certification: Roadway and appurtenances; Storm drainage system. Landscaping Design Services (See attached proposal.) 6.0 Electrical Design Services (See attached proposal.) 7.0 Subsurface Utility Location Services (See attached proposal.) PROJECT WORK AUTHORIZATION PROJECT NUMBER 15414 NUMBER 15414.51 MANAGER: Wilsan Sanchez TASK NAME: N.E. 185TH STREET & N.E. 28TH COURT FINAL ENG. DSIGN HT(~uS~s / HOURLY PROPOSAL CLASSIFICATION RATE DOLLARS Proposal Preparatioc 32 Admin. Asst. 12 $35.00 $420.00 :)4 Ccmmunity Lialsan $60.00 36 CADD Operator $65.00 97 Scientist II $75,00 08 Econcmic/Financial AnaJyst $75.0~ 09 Scientist I $60.0~ 11G~ Designer $60.0~ 12 Landscaj3e Architect (RLA) $85.0~ 13 Ficfld Representative $55.0~ 14 Landscape Designer $65.0~ 15 Planner (AICP) $75.0( 16 Associate Planner $60.0( 17P~t Engineer/Designer 240 $65.0C $15,600.0~ 18 Project Manager I 100 $85.0( $8,500.0(] 19 Professional Engineer (P.E.) $85.0( 20 Prof. Land Surveyor (P.LS. & Mapper) $75.0C 21 Senior Project Manager 24 $120,0( $2,880.0C 22 Senior Member~to $175,0( 23 Senior Project Engineer $75.0( $3,000.0( 24 Project Manager I1 $95.0( 25 Technic[an II _ $60.0( 26 Project Manager IH $105.0( 29 Tenhnician I $55.0( 30 Transportation planne~r $65.0( 3[~2 Senior Fie~d Representative _ $75.0( ¢2 Survey Pa~y $85.0( ~3 Sen, Sur~ Pa Quote TOTAL HOURS / ~ TOTAL DOLLARS DEPT. CODE: 05 PAGE 1 OF 6 REIMBURSABLE EXPENSES: SUBCONSULTANT A SUBCONSULTANT B SUBCONSULTANT C SUBCONSULTANT D PERMIT FEES TRAVEL EQUIPMENT/SUPPLIES PRINTS & GRAPHICS RELATED EST. COST PRINT NO. $ A. TOTAL REIMBURSABLE EXP DIRECT EXPENSES: SUBCONSULTANT A SUBCONSULTANT B SUBCONSULTANT C SUBCONSULTANT D BLUEPRINT/REPROS PERMIT FEES MEALS EQUIPMENT/SUPPLIES B. TOTAL DIRECT EXPENSES C. TOTAL DIRECT LABOR TOTAL BUDGET (A+B+C) PREPARED BY: WS APPROVED BY: PRG (Dept. Director) $30,400.00 T&M $31,400.00 DATE: 11110/98 DATE: 11/10/98 IROJ ECT WORK AUTHORIZATION PROJECT UMBER 15414 NUMBER 15414.51 MANAGER: Wilson Senchez TASK NAME: N.E. 185TH STREET & N.E. 28TH COURT PERMITTING PROPOSAL CLASSIFICATION DOLLARS PropeeaJ Preparation 02 Admin. Asst. $280.00 04 Community Liaison 06 CADD Operator 07 Scientist II 08 Economic/Financial Analyst 09 Scientist I 11 Gr h]cDesl net 12 Landscape Architect (RLA) 13 Fistd Representative 14 Landscape Designer 15 Planner (A]CP) 16 Asseciate Pienner 17 Project Engineer/Designer ~ ~ Manager [ ~ 19 Protessional Engineer (P.E.) i~_0 Prof. Land Surveyor (P.L.S. & Mapper) 21 Senior Project Manager ~ 22 Senior Member 23 Senior Pro~ect Engineer 24 Project Manager II 25 Technician 1~ 26 Project Manager Ill 29 Technician I 30 Transportation Planner 32 Senior Fiald Rejoresenlative 42 Surve Pa 43 Sec. Surve Pady TOTAL HOURS l TOTAL DOLLAR__S ____ $4,320.00 DEPT. CODE: 05 [ PAGE 2 OF 6 REIMBURSABLE EXPENSES: SUBCONSULTANT A SUBCONSULTANT B SUBCONSULTANT C SUBCONSULTANT D PERMIT FEES TRAVEL EQUIPMENT/SUPPLiES PRINTS & GRAPHICS RELATED EST. COST PRINT NO. $ A. TOTAL REIMBURSABLE EXP DIRECT EXPENSES: SUBCONSULTANT A SUBCONSULTANT B SUBCONSULTANT C SUBCONSULTANT D BLUEPRINT/REPROS PERMIT FEES MEALS EQUtPMENT/SUPPLIES B. TOTAL DIRECT EXPENSES C. TOTAL DIRECT LABOR TOTAL BUDGET (A+B+C) PREPARED Ry: WS APPROVED BY: PRG (Dept. Director) $4,320.00 T&M $4,820.00 DATE; 11/10/98 DATE: 11/10/98 IROJ ECT WORK AUTHORIZATION PROJECT UMBER 15414 NUMBER 15414.51 MANAGER: Wilson Sanchez TASK NAME: N.E. 185TH STREET & N.E. 28TH COURT ENG. DESIGN SURVEY - FIELD TASK HOURLY PROPOSAL CLASSIFICATION HOURS RATE DOLLARS Proposal Preparation 02 Admin. Asst. $35.00 04 Community Liaison $60.00 06 CADD Operator $65.00 07 Scientist II $75.00 0[08_ Economic/Finencial Analyst $75.00 og Scientist I $60.00 ~hlc Designer $60.00 12 Landscape Architect (RLA) $85.0~ 13 Field Rej3resentative $55.0~ 14 Landscape Designer $65.0d -- 15 Planner (AICP) $75.0~ 16 Associate Planner $60.0C 17 Project Engineer/Designer $65.0(; ~ect Manager I $85.0( 19 Professiena[ Engineer (P.E.) $85.0( 20 Prof, Land Surveyor (P,L.S. & Mapper) $75.0( $300.0( 21 Senior Project Manager $120.0( 22 Sanior Member $175.0( 23 Senior Project Engineer $75,0( ~ger II $95.0( 25 Technician II $60.0( $480.0( 26 project Manager ill $105.0( 29 Technician I $55.0( 30 Trenaportatiee Planner $65.0( 32 Senior Field Representative $75.0( $600.00! ~ $85.00 $680.00 ~ Party Quote TOTAL HOURS DEPT. CODE: 37 PAGE 3 OF 6 REIMBURSABLE EXPENSES: SUBCONSULTANT A SUBCONSULTANT B SUBCONSULTANT C SUSCONSULTANT D PERMIT FEES TRAVEL EQUIPMENT/SUPPLIES PRINTS & GRAPHICS RELATED EST. COST PRINT NO. $ A. TOTAL REIMBURSABLE EXP DIRECT EXPENSES: SUBCONSULTANT A SUBCONSULTANT B SUBCONSULTANT C SUBCONSULTANT D BLUEPRINT/REPROS PERMIT FEES MEALS EQUIPMENT/SUPPLIES B. TOTAL D!RECT EXPENSES C. TOTAL DIRECT LABOR TOTALBUDGET (A+B+C) PREPARED BY: WS APPROVED BY: PRG (Dept. Direclor) $2,060.0C T&M $2,060.00 DATE: 11/10/98 DATE: 11/10/98 INPROJECT WORK AUTHORIZATION PROJECT UMBER 15414 NUMBER 15414.51 MANAGER: Wilson Sanchez TASK NAME: N.E. 185TH STREET & N.E. 28TH COURT ENG. DESIGN SURVEY - OFFICE 08 Eceeo~lc./Financi~l AeeJyst __ ~ ~ 09 Scientist I -- ~ $60~0 11 Gr hicDesi§ner __ ~ $60~;)0 12 Landscape Architect (RI_A) ~ $85.00 13 Field Representative ~ $55.00 14 Landscape Designer .... ~ $65~30 15 Planner (AICP) ~ $75.00 16 Associate Planner __ ~ $60~0 17 Project Engineer/Designer __ ~ $65~0 18 Pr ~ct Mana erl ~ $85~0 19 Professio~aJ Engineer (P.E.) ~ $85~)0 20 Prof. Land Surwyor (PA_.S, & Mapper) 4~ $75.00 $300.00 21 Senior Project Manage[ ~ $120.00 22 Senior Member __ ~ $175~0 23 Senior Prol~ct Engineer __ ~ $75~0 24 Project Manager [I ~ $95.00 25 Teehnician II __ ~ $60~0 $1,200.00 ~ Projecl Manager !11 ~ $105.00 30 Transportation Planner __ ~ $65~0 43 S e~ Surve Pa __ .~~ Qu~ote DEPT. CODE: 22 PAGE 4 OF 6 REIMBURSABLE EXPENSES: SUBCONSULTANT A SUSCONSULTANT B SUBCONSULTANT C SUBCONSULTANT D PERMIT FEES TRAVEL EQUiPMENT/SUPPLIES PRINTS & GRAPHICS RELATED EST. COST PRINT NO, $ a. TOTAL REIMBURSABLE EXP DIRECT EXPENSES: SUBCONSULTANT A SUBCONSULTANT B SUBCONSULTANT C SUBCONSULTANT D BLUEPRINT/REPROS PERMIT FEES MEALS EQUIPMENT/SUPPLIES B. TOTAL DIRECT EXPENSES C. TOTAL DIRECT LABOR TOTAL BUDGET (A+B+C) PREPARED BY: WS APPROVED BY: PRG (Dept. Director) $1,500.00 DATE: 11/10/98 DATE: 11/10/98 PROJECT WORK AUTHORIZATION PROJECT NUMBER 15414 NUMBER 15414.51 MANAGER: Wilson Sanch6z TASK NAME: N.E. 185TH STREET & N.E~ 28TH COURT - CONSTRUCTION PHASE TASK HOURLY PROPOSAL CLASSIFICATION HOURS RATE DOLLARS Proposal Preparation 02 Admin. Asst. $35.00 04 Community Liaison $60.00 06 CADD Operator $65.00 07 Scientist II $75.00 08 Ecenomic/Financial Analyst $75.00 09 Scientist I $60.0O 11 Gr hicDeal net $60.00 12 Landscape Architect (RLA) $85.00 13 Field Representative ~ $55.0O 14 Landscape Designe~r~ $65.00 15 Planner (AICP) $75.00 16 Associate Planner ~ $60.00 17 Project Engineer/Designer/ $65.00 18 Project Manager I $85.00 19 Profesalenal Engin(.,er (P.E.) __ $85.0O $4,420.00 20 Prof. La. nd Surveyor (P.L.S. & Mapper) $75.00 22~ Senior Project Menage~ ____~ $120.00 ~22 Senior Member ~ $175.00 23 Senior project Engineer 2¢1 $75.0O $1,950.0~ 24 Project Manager II $95.0O 25 Technician II $60.00 26 Project Manager Ill $105.00 29 Technician ~ $55.00 30 Transpor[atiee Plant, er $65.00 32 Senior Field Representative 15( $75.00 $11,70O.00 42 Surve Pa _ $85.00 ~ Quote ~ tOTAl_ HOURS 234 ~ DEPT. CODE: 05 PAGE 5 OF 6 REIMBURSABLE EXPENSES: SUBCONSULTANT A SUBCONSULTANT B SUSCONSULTANT C SUBCONSULTANT D PERMIT FEES TRAVEL EQUIPMENT/SUPPLIES PRINTS & GRAPHICS RELATED EST. COST PRINT NO. $ A. TOTAL REIMBURSABLE EXP DIRECT EXPENSES: SUBCONSULTANT A SUBCONSULTANT B SUBCONSULTANT C SUBCONSULTANT D BLUEPRINT/REPROS PERMIT FEES MEALS EOUIPMENT/SUPPLIES $1,000.0O B. TOTAL DIRECT EXPENSES C. TOTAL DIRECT LABOR TOTAL BUDGET (A+B+C) PREPARED BY: WS APPROVED BY: PRG (Dept. Director) $18,070.00 $19,070.00 DATE: 11/10/98 DATE: 11/10/98 T&M 04/01/96 fPROJECT NUMBER 15414 WORK AUTHORIZATION NUMBER 15414.51 TASK NAME: N.E. 185TH STREET & N.E. 28TH COURT - BIDDING SERVICES CLASSIFICATION Prepc~sal Preparation 02 Admin. Asst. 04 Community Liaison 06 CADD Operator 07 Scientist il 08 Economic/Financial Analyst 09 Scientist I 1~ Designer 12 Landscape Architect (RLA) 13 Fie~d Representative 14 Landscape Designer 15 Planner (AICP) 16 Associate Planner 17 Project Engineer/Designer 18 project Manager I 19 pro!e~ionai Engineer (P.E.) 20 Prof. Land Surveyor (P.L.S. & Mapper) Senior Project Manager 22 Senior Member 23 Senior Project Engineer 2~Manager II 25 Technician II 26 Project Manager III 29 Technician I 30 Transportatio~ Planner 32 Senior Field Representative 43 S e~ Surve pert TOTAL HOURS ['D-L-RS TASK HOURLY HOURS RATE PROPOSAL DOLLARS $35.00 $60.00 $65.00 $75.00 $75.00 $60.00 $60.00 $85.00 $55.00 $65.00 $75.00 $60.00 $65.00 $85.00 $85.00 $880,00 $75,00 $12o,00 ~ $175.00 $75.00 $3,000.00 $95.00 $00.00 $105.00 $55.00 $65.00 $75.0O $85,00 Quote $4,160.00 PROJECT MANAGER: Wilson Sanchez DEPT. CODE: 05 [ PAGE 6 OF 6 REIMBURSABLE EXPENSES: SUBCONSULTANT A SUBCONSULTANT B SUBCONSULTANT C SUBCONSULTANT D PERMIT FEES TRAVEL EQUIPMENT/SUPPLIES PRINTS & GRAPHICS RELATED EST. COST PRINT NO. $ A. TOTAL REIMBURSABLE EXP DIRECT EXPENSES: SUBCONSULTANT A SUBCONSULYANT B SUBCONSULTANT C SUBCONSULTANT D BLUEPRINT/REPROS PERMIT FEES MEALS EQUIPMENT/SUPPLIES B. TOTAL DIRECT EXPENSES C. TOTAL DIRECT LABOR TOTAL BUDGet (A+B+C) PREPARED BY: WS APPROVEO ~3Y: PRG (Dept. Director) $4,160.00 T& M $4,100.00 DATE: 11/1'3/98 DATE: 11/10/98 04/01/96 O'[EARY DESIGN ASSOCIATES P.A. LANDSCAPE A RCHI't ECi URE LAND PLANNING URBAN DESIGN GRAPHIC DESIGN November 17, 1998 ' Mr. Wilson Sanchez, P.E. Project Manager Keith & Schnm's, P.A. 6500 North Andrews Avenue Ft; Eauderdal¢, Florida 33309-2132 Re: NE 185th Street & NE 28th Court Aventura; Florida Dear; Sanchez: Pursumlt to our recent discussion, the following is an outline of professional landscape architectural services for the above referenced project: ^) Design Phase 1) Prepare detailed landscape and irrigation plans with technical specifications, to 2) 3) 4) include illuminated street signs. Prepare a Statement of Prebable Construction Cost. Attend required meelings z.ith City staff Coordinate with your office and that of the electrical engineer. B) Bidding Phase 1) Attend pre-bid conference. 2) Respond to bidder inquires. 3) Review landscape and irrigation competitive bids. c) Construction Administration Phase - Perform periodic observations of the landscape mid irrigation installation. Our fee for these professional services will be a Follows: Completion of Item 'A' - Design Phase Completion ofttem 'B' - Bidding Phase Completion of Item 'C,- Construction Administration Phase $21,000.00 $ 1,500.00 $__7,500.00 Total $30,000.00 ~ OAK PLAZA PROPES$1ONAL CENTER 85255.W, 92NOSTREk-F,$UITECII MIAMI, Ft, ORiDA 33156 (305~596-6096 Mr. Wilson Sanchez, P.E. November 17, t 998 Page two Reimbursable expenses, such as but not limited to, blueprinting, reproductions, computer plOts, Federal Express/courier expenses, and long dis:ance communications will be addition,q/and will be invoiced for atour cost. We estimate that Incidental Expenses will be approximately $1,200.00. Ple~e let me know if you require any additional i~fformation. Vory truly yom's, O'LEARY DESIGN ASSOCIATES, PA November 14, 1998 Mr. Wilson Sanchez Keith and Schnars, P.A. 6500 N. Andrews Ave Fort Lauderdale, FL 33309-2132 Re: NE 185~h Street & 28th Court Roadway Lighting City of Aventura, FL Dear Mr. Sanchez: We are pleased to submit our proposal for electrical engineering services for the above project. Our services shall include the following: I. Design I. Completed tracings of drawings for the ~vork, covering all phases of our design, in accordance with a format determined by you. 2. Photometric evaluation. 3. Final project specifications. 4. Coordination with FP&L for electric service requirements. 4. Final cost estimate for the work performed under this agreement. Attend meetings to answer questions relevant to our design. [I. Construction 1. Services During Biddin-~ BEC will make available project representative to assist in the evaluation and recommendation of bids submitted by approved contractors. 2101 N. ANDREWS AVENUE, SUITE 100, FORT LAUDERDALE, FLORIDA 33311 (954) 5G4-3111 FAX: (954) 56~- 3040 Mr. Wilson Sanchez 2 November 14, 1998 2. Shop Drawing Review Review and approve (or take other appropriate action in respect of) Shop Drawings and samples, the results of tests and inspections and other data which each Contractor is required to submit, but only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents (but such review and approval or other action shall not exceed to means, methods, sequences, techniques or procedures of construction or to safety precautions and programs incident thereto); and receive and review (for general content as required by the Specifications) maintenance and operating schedules and instruction, guarantees, bonds and certificates of inspection ~vhich are to be assembled by Contractor(s) is in accordance ~vith the Contract Documents. 3. Issue Clarifications Issue all instructions of OWNER to Contractor(s); issue necessary interpretations and clarifications of the Contract Documents; have author/W, as OWNER's representative to require special inspection or testing of the work; act as initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work thereunder, and make decisions on all claims of OWNER and Contractor(s) relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. The ENGINEER shall render all interpretations or decisions in good faith and in accordance with the requirements of the Contract Documents. 4. Site Visits Make visits to the site at periods appropriate to the various stages of construction to observe, as an experienced and qualified professional, the progress and quality of the executed work of Contractor(s) and to determine in general if such work is proceeding in accordance with the Contract Documents. Prepare trip reports to document observations made during these inspections. ENGINEER shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s) or the safety precautions and programs incident to the work of Contractor(s). It is understood that BEC will not be performing detailed quality control and inspection services such as checking the installation of conduits for conformity, with the electrical drawings and appropriate manufacturer's shop drawings. ENGiNEER's efforts will be directed toward providing a greater degree of confidence for OWNER that the completed work of Contractor(s) will conform to the Contract Drawings, but ENGINEER shall not be responsible tbr the failure of Contractor(s) to perform the work in accordance with the Contract Drawings. During such visits and on the basis of on-site observations, ENGINEER shall keep OWNER informed of the progress of the work, shall endeavor to guard OWNER against defects and deficiencies in Mr. Wilson Sanchez 3 November 14. 1998 such work and may disapprove or reject work failing to conform to the Contract Documents. 5. Startun BEC will make available a project representative to visit the construction site on a per/odic basis during project milestones and critical work. BEC reserves the fight to request additional compensation should construction extend beyond the Substantial and/or Final Acceptance per/ods except for delays resulting from acts or omissions of the Consultant. Our scope of services shall include the roadway lighting design of NE 185~ Street and 28th Court, an overall length of approximately 2400 feet. Our design will also include electr/cal service to two (2) irrigation controllers and two (2) illuminated street signs. Our fee for this work shall be $19,600.00, payable as follows: When Plans are 20% Complete When Plans are 50% Complete When Plans are 80% Complete When Plans are 100% Complete Construction Phase - Billed per percent of construction completeness $ 2,400.00 $ 3,600.00 $ 3,600.00 $ 2,400.00 $ 7,600.00 Very truly yours, Lillian M. Reyes, P.E. ACCEPTED F21498DG.wpd DATE EDM Engineering Solutions, Inc. Utility Coordination · Subsurface Utility Locations · Consulting Engineering November 13, 1998 Wilson Sanchez, P.E. Keith and Schnars, P.A. 6500 N. Andrews Avenue Fort Lauderdale, FL 33309 RE: NE 185 Street and NE 28 Court, City. of Aventura Roadway Improvement Projects Professional Services Proposal - Subsurface Utility Locating EDM Engineering Solutions Proposal No. 98-032R Dear Mr. Sanchez: In accordance with your request, EDM Engineering Solutions, Inc. (Subconsultant) is pleased to provide Keith and Schnars, P.A. (Consultant) this professional service proposal for the NE 185 Street and NE 28 Court improvement project. EDM Engineering Solutions Inc. is proposing professional services for locating the subsurface utilities as described in the attached exhibit. We understand the total centerline length of this project is approximately 2.600 linear feet and that the work is limited to the area within the right-of-way. The vacuum excavation services described in the attached exhibit shall be provided for a lump sum fee of $3,600.00 (for up to 12 test hole locations). Additional test holes shall be performed at a per hole rate of $245.00 and $270.00, for soft surface and hard surface conditions respectively. Permit tees are not included. EDM Engineering Solutions, Inc. recently completed the subsurface utiliD' locating services for the Williams Island Boulevard improvements and are familiar with the area, the working conditions and the utility company representatives in the area. EDM Engineering Solutions. Inc. is available to begin this project immediately upon your approval and execution of an Agreement. [ am available to meet with you should you wish to discuss the project, schedule, services or scope in more detail. We appreciate the opportunity to provide this proposal and look forward to working with you again. Thank you, EDM Engineering Solutions, Inc. President 1843 South Dixie Highway o Pompano Beach. FL 33060 · ret {954) 782-2324 · Fax (954) 782-2022 NE 185 Street and NE 28 Court. City off Aventura Keith and Schnars. P.\. November i~. 1998 10. II. Scope Of Services Subsurface Utility Locating (Vacuum Excavations) Meet xvith Client to obtain and review the current plans for the purposes of determining the proposed test hole locations (assumed 12 locations). Coordinate all work with the Client and all appropriate Utility, company and Agency representatives. Prepare and submit permit applications as needed to excavate, locate and mark the location of the subsurface utilities. Notify the Sunshine State One-Call system and all other utilities in accordance with State law. Provide approved traffic cones and barricades to maintain traffic control during all field operations. Neatly cut and remove any asphalt or concrete surface and expose the subsurface facility. Measure and record: a) the horizontal location and depth to the top of the facility, b) the diameter and configuration of non-encased facilities, c) in the case of duct banks, the bottom of the facility, d) the facility material, if reasonably ascertainable, e) the paving thickness and type, where applicable, t) the general soil conditions. Survey services are not included. Utilities will be located ~vith horizontal ties to existing reference points. Backfill the test hole with native soil, compact in 12 inch lifts and provide a restoration of the surface at the test hole. Install an identifiable above ground marker directly over the facility. Coordinate survey services with Client (survey services not provided by EDM Engineering Solutions, Inc.). Prepare and provide a one-page field report for each vacuum excavation location depicting the horizontal and vertical location. Review all deliverables with Client. EOM Engineering Solutions, Inc. 1843 South Oixie Highway · Pompano 9each, FL 33060 o Tel (95,1) 782-2324 o Pax (954} 782*2022 EDAI E#g/neermg Solutions,/nc. Utility Coordination .Subsurface Utility Locations ,Consulting Engineering ADVANTAGES OF EDM ENGINEERING SOLUTIONS, INC. Team Buildin~ Approach to Proiects - EDM is committed to a team approach to all projects, a single team goal, and honesl and open communications toward the success of that goal. A Professional Services Approach - EDMprovides Florida Registered Professional Engineers with over 34 combined years experience with major South Florida Consulting Firms. EDM is committed to bring this professionalism, leadership and integrity to the underground locating industry. Roadway, Storm Drainage, and Utiliw Design and Construction Experience EDM brings to thefieM a combined 34 years experience in the design and construction of major roadway, storm drainage and utility ir~frastructure projects. Proven FDOT Utility Coordination Experience - EDM's professional contacts and prior working relationships with the local utility companies, municipalities, and the Florida Department of Transportation can prove invaluable when communicating with these entities from the field. Design Engineering Solutions - EDM's experience with all phases of utility design engineering, coordination and construction can bring immediate and clear focus to potential fieM construction problems and the preparation and evaluation of alternate engineering solutions. Maintenance of Traffic Plans - EDM's Professional Engineers can provide certified Maintenance of Traffic Plans. ATSSA Certified Worksite Traffic Supervisors - The EDM field staff are certified in the proper set-up for the maintenance of traffic during construction in accordance with the Florida Department ef Transportation and the Manual on Uniform Traffic Control Devices. FDOT Experience EDM offers professional underground locating services in fiill accordance with the FDOT permit criteria and procedures on all Public and Private projects. Professional Liability and General Liabiliw Insurance - EDMoffers appropriate Professional Liability, General Liability and Automobile insurance coverage. Minoriw Owned Firm - EDM is certified by the State of Florida Department of Transportation as a Disadvantaged Business Enterprise (DBE) and by Broward County under the County's Small Disadvantaged Business Enterprise Program (SDBE). Professional Proiect Management and Quality Assurance - EDM assigns a key contact person to each project, to remain involved in that project until final completion and certification. High Production, State-of-the-Art Equipment - ED),[ provMes the latest selj-contained vacuum excavation equipment with special high efficienc:v noise absorption chambers/bt quzeter operation. The large truck mounted storage tank allows us to vacuum multiple test holes without having to backfill and the capability to vacuum wet materials to greater depths, resulting in increase production. :~dvantages oI' EDM ,! Cc~rt(fied Disadva;mt,qed 13usim;,%' ½:merprz,se 1843 South Oixie Highway · Pompano Beach, FL 33060 ,, Tel (954) 782-2324 o Fax (954) 782-2022 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission Eric M. Soroka, City~nage~ December 9, 1998-' Resolution Authorizing Execution of Agreement for Construction Management Services and the Establishing Guaranteed Maximum Price With James A. Cummings, Inc. - Government Center Project December 15, 1998 City Commission Meeting Item RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution, which authorizes the execution of the Agreement for Construction Management Services (CMS) with a Guaranteed Maximum Price (GMP) relative to the Government Center project with James A. Cummings, Inc. The Construction GMP has been established at $12,501,946 including a $250,000 contingency. The Construction Management Fee is $527,000. The total cost not including the potential tax savings is $13,028,946 BACKGROUND As previously authorized, the City Administration has been negotiating the CMS fee and GMP with James A. Cummings, Inc. for the Government Center project. Our goal has been to obtain the lowest possible cost while at the same time protect the integrity of the building design approved by the City Commission. We have spent a great deal of time reviewing the project in detail with the contractor and architect to accomplish this goal and I feel we are at a point where we can recommend the CMS fee and GMP to the City Commission. Process In order to develop the GMP, the contractor obtained 3 quotes from bidders for each of the major construction components (ie. electrical, mechanical, earthwork etc.). After meeting several times and reviewing the project in detail we were able to reduce the cost of the building from $14,474,665 to $12,501,946. Project Cost The agreed to project cost is as follows: Construction Cost Contingency Performance Bond Subtotal Construction Management Fee Subtotal Tax savings @ 1.5% Total Cost $12,158,155 250,000 93,791 12,501,946 527,000 13,028,946 (195,434) $12,833,511 S/sq. ft. $158 3 1 $162 · The Construction GMP is $12,501,946. · The Construction Management Fee is $527,000 or 4.25% of the construction cost plus contingency amount. · The first $200,000 in cost savings reverts back to the city. Any amount above the $200,000 is split 75%/25%, with the larger amount reverting back to the City. · The City shall review all bids and payments made by the contractor to subcontractors. The City has the right to reject bids submitted by the subcontractor. · The integrity of the building design approved by the City Commission has been protected. Revisions have been made to non-critical areas or those areas not visible to the public. · The completion date is scheduled for April 15, 2000. The original project cost developed in May 1998 was $10,500,000. The cost increase can be attributed to the following factors: · Original project estimate developed by the Architect was Iow · Building conditions and Iow interest rates have increased construction costs by increasing the amount of work available to the construction community. · Building components were added after the estimate was developed (ie. Commission Chambers redesign, fiber optic cables, generator redesign for emergency conditions) · The original air conditioned building area increased from 60,000 square feet to 73,686 square feet. The total including the mechanical enclosed area on the sixth floor is 77,012. Page 2 The contract with the Architect requires additional fees once the 60,000 square feet threshold is exceeded. The additional fees are $145,000. The revised budget for the Government Center Project is as follows: Construction Cost Additional Architect Fees Security System, Phone System Furniture Contingency Total $12,833,511 145,000 400,000 400,000 200,000 $13,978,511 Of the total amount, $13,000,000 will be funded from the Revenue Bond Issue and $978,511 from the 1999/00 fiscal year General Fund Budget. The City Attorney, Architect and staff have reviewed the Agreement. Should you have any questions, please feel free to contact me. EMS CCO683-98 Page 3 1999 Revenue Bond Series Park Site Purchase Government Center Site Purchase Government Center Architect/Legal/Issuance costs Proceeds Required Bond Issue Costs & Insurance Premiums Debt Service Reserve Total Amount $ 3,037,072 3,400,00O 12,859,328 600,000 $ 19,896,400 270,000 1,870,000 * $ 22,036,400 Estimated Annual Debt Service Requirements * 20 Year bond Issue $1,870,000 26 Year Bond Issue $1,650,000 30 Year Bond Issue $1,440,000 CIP Projection $1,450,000 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED STANDARD FORM OF AGREEMENT BETWEEN OWNER (CITY OF AVENTURA) AND CONSTRUCTION MANAGER (JAMES A. CUMMINGS, INC.) FOR THE CONSTRUCTION OF THE GOVERNMENT CENTER PROJECT; ESTABLISHING THE GUARANTEED MAXIMUM PRICE AT $13,028,946; 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 for services relative to Construction Management with Guaranteed Maximum Price; and WHEREAS, the City Commission adopted Resolution No. 98-74 which selected the firm of James A. Cummings, Inc. to perform Construction Management Services with a Guaranteed Maximum Price relating to the Government Center Project; and WHEREAS, the City Manager has negotiated an Agreement for Construction Management Services and the establishment of the Guaranteed Maximum Price; and WHEREAS, the City Commission, upon review, wishes to authorize the City Manager to execute an Agreement for Construction Management Services with James A. Cummings, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby authorizes the City Manager to execute the attached Standard Form of Agreement between Owner (City of Aventura) and Construction Manager (James A. Cummings, Inc.) for the construction of the Government Center Project, subject to final review and approval by the City Attorney. Section 2. The Guaranteed Maximum Price for the construction of the Government Center Project has been established at $13,028,946. Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this ResoLution. Section4. This Resolution shall become effective immediately upon its adoption. Resolution No. Page 2 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: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Arthur I. Snyder PASSED AND ADOPTED this 15th day of December, 1998. , and ATTEST: ARTHUR I. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY AIA Documen} A121/CJ4c and AGC Document 565 Standard Form of Agreement Between Owner and Construction Manager where the Construction Manager is also THE CONSTRUCTOR 1991 EDITION THIS DOCUME. VT HAS IJlPORTANT LEGAL CONSEQUENCES; CONSUL TA TION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition of AIA Document A201, General Conditions of the Contract for Construction, is referred to herein. This Agreement requires modification if other general conditions are utilized. AGREEMENT made as of the 15th (In words, indicate day, month and year) day of December in the year of 1998 BETWEEN the Owner: (Name and address) CITY OF AVENTURA 2999 N.E. 191 Street, Suite 500 Aventura, Florida 33180 and the Construction Manager: (Name and address) JAMES A. CUMMINGS, INC. 3575 N.W. 53 Street Fort Lauderdale, Florida 33309 The Project is: (Name. address and brief description) Goverr~ent Center, Police Facility and Cultural Center Aventura, Florida The Architect is: (Name and address) Michael A. Shiff & Associates, Inc. 1103 East Las Olas Boulevard, Suite 200 Fort Lauderdale, Florida 33301 The Owner and Construction Manager agree as set forth below. Portions of this document are derived from AIA Document A1 l 1. Standard Form of Agreement Between the Owner and Contractor where the bas s ofpaymen i~ he Cost of the Work Plus a Fee. copyright 1920. I925. 1951. 1958. 1961. 1963. 1967. 1974. 1978. ©1987 by The Amer can Institute of Architects; other portions are derived from AGC Document 500. © 1980 by The Associated General Contractors of America. Material in this document differing from that found in AIA Document Al 11 and AGC Document 500 is copyrighted 01991 by ThjW:~tqerican Institute of Architects and The Azsociated General Contractors of America. Reproduction of the material herein or subs an al <lu~itiodeq{~ of its provisions without written permission of AIA and AGC violates the copyright laws of the United States and will subject the vio~ff'or/o/egal prosecution / // ~ ~ U~,cemedphotocew~v~4at~U.S. cop,~,*~a~dw~,~btect~,ev~*to~ga~m~:~.cuU~. AGC fi6R - lqCll I TABLE OF CONTENTS ARTICLE 1 1,1 1.2 ARTICLE 2 GENERAL PROVISIONS Relationship of Parties General Conditions CONSTRUCTION MANAGER'S RESPONSIBILITIES 2.1 Preconstrucdon Phase 2.2 Guaranteed Maximum Price Proposal and Contract Time 2.3 Construction Phase 2.4 Professional Services 2.5 Unsafe Materials ARTICLE 3 3.1 3.2 3.3 3.4 ARTICLE 4 4.1 4.2 ARTICLE 5 OWNER'S RESPONSIBILITIES Information and Services Owner's Designated Representative Architect Legal Requirements COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES Compensation Payments COMPENSATION FOR CONSTRUCTION PHASE SERVICES 5.1 Compensation 5.2 Guaranteed Maximum Price 5.3 Changes in the ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE 6.1 Costs To Be Reimbursed 6.2 Costs Not To Be Reimbursed 6.3 Discounts, Rebates and Refunds 6.4 Accounting Records ARTICLE 7 7.1 7.2 ARTICLE 8 8.1 8.2 8.3 ARTICLE 9 9.1 9.2 9.3 ARTICLE 10 10.1 10.2 10.3 ARTICLE 11 Attachments CONSTRUCTION PHASE Progress Payments Final Payment INSURANCE AND BONDS Insurance Required of the Construction Manager Insurance Required of the Owner Performance Bond and Payment Bond MISCELLANEOUS PROVISIONS Dispute Resolution for the Preconstruction Phase Dispute Resolution for the Construction Phase Other Provisions TERMINATION OR SUSPENSION Termination Prior to Establishing Guaranteed Maximum Price Termination Subsequent to Establishing Guaranteed Maximum Price Suspension OTHER CONDITIONS AND SERVICES AMENDMENT NO. 1 to Agreement Between Owner and Construction Manager A121/CMc 2 AGC 565- 1991 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER WHERE THE CONSTRUCTION MANAGER IS ALSO THE CONSTRUCTOR ARTICLE 1 GENERAL PROVISIONS 1.1 RELATIONSHIP OF PARTIES The Construction Manager accepts the relationship of trust and confidence established with the Owner by this Agree- ment, and covenants with the Owner to furnish the Construc- tion Manager's reasonable skill and judgment and to cooperate with the Architect in furthering the interests of the Owner. The Construction Manager shall furnish construction admin- istration and management services and use the Construction Manager's best efforts to perform the Proiect in an expedi* tious and economical manner consistent with the interests of the Owner. The Owner shall endeavor to promote harmony and cooperation among the Owner, Architect, Construction Manager and other persons or entities employed by the Owner for the Proiect. 1.2 GENERAL CONDITIONS For the Construction Phase, the General Conditions of the Contract shall be the 1987 Edition of AIA Document A201. General Conditions of the Contract for Construction, which is incorporated herein by reference'. For the Preconstruction Phase, or in the event that the Preco~.'~truction and Construc- tion Phases proceed concurrently, AIA Document A201 shall apply to the Preconstmction Phase only as specifically pro- vided in this Agreement. The term "Contractor" as used in AIA Document A201 shall mean the Construction Manager. ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES The Construction Manager shall perform the services described in this Article. The services to be provided under Paragraphs 2.1 and 2.2 constitute the Preconstruction Phase services. If the Owner and Construction Manager agree, after consultation with the Architect, the Construction Phase may commence before the Preconstruction Phase is completed, in which case both phases shall proceed concurrently: 2.1 PRECONSTRUCTION PHASE 2.1.1 PRELIMINARY EVALUATION The Construction Manager shall provide a preliminary evalua- tion of the Owner's program and Project budget requirements, each in terms of the other. 2.1.2 CONSULTATION The Construction Manager with the Architect shall jointly schedule and attend regular meetings with the Owner and Architect. The Construction Manager shall consult with the dations on construction feasibility; actions designed to mini- mize adverse effects of labor or material shortages; time requirements for procurement, installation and construction completion; and factors related to construction cost including estimates of alternative designs or materials, preliminary budgets and possible economies, 2.1.3 PRELIMINARY PROJECT SCHEDULE When Project requirements described in Subparagraph 3.1.1 have been sufficiently identified, the Construction Manager shall prepare, and periodically update, a preliminary Project schedule for the Architect's review and the Owner's approval. The Construction Manager shall obtain the Architect's approval of the portion of the preliminary Project schedule relating to the performance of the Architect's services. The Construction Manager shall coordinate and integrate the preliminary Proj- ect schedule with the services and activities of the Owner, Architect and Construction Manager. As design proceeds, the preliminary Project schedule shall be updated to indicate pro- posed activity, sequences and durations, milestone dates for receipt and approval of pertinent information, submittal of a Guaranteed Maximum Price proposal, preparation and pro- cessing of shop drawings and samples, delivery of materials or equipment requiring long-lead time procurement, Owner's occupancy requirements showing portions of the Project having occupancy priority, and proposed date of Substantial Completion. If preliminary Project schedule updates indicate that previously approved schedules may not be met. the Con- struction Manager shalI make appropriate recommendations to the Owner and Architect. 2.1.4 PHASED CONSTRUCTION The Construction Manager shall make recommendations to the Owner and Architect regarding the phased issuance off Drawings and Specifications to facilitate phased construction of the Work, if such phased construction is appropriate for the Project, taking into consideration such factors as econ- omies, time of performance, availability of labor and mate- rials, and provisions for temporary facilities. 2.1.5 PRELIMINARY COST ESTIMATES 2.1.5.1 When the Owner has sufficiently identified the Proj- ect requirements and the Architect has prepared other basic design criteria, the Construction Manager shall prepare, for the review of the Architect and approval of the Owner, a preliminary cost estimate utilizing area, volume or similar con- ceptual estimating techniques. 2.1.5.2 When Schematic Design Documents have been pre- pared by the Architect and approved by the Owner, the Con- struction Manager shall prepare for the review of the Archi- tect and approval of the Owner, a more detailed estimate with supporting data. During the preparation of the Design Devel- opment Documents, the Construction Manager shall update and refine this estimate at appropriate intervals agreed to by the Owner, Architect and Construction Manager. Owner and Architect regarding site use and improvements, and the selection of materials, buiiding systems and equip- ~'.1.5.$ When Design Development Doc..~ents have been ment. The Construction Manager shall provide recommen- prepared by the Architect and app~.~the Owner, the 2o~0652o~.w~u~;~wunae~,~n;v~a~tt~e~W~g~an~=t~mev~x=~g~p,~auon. AGC 565- 1991 3 Construction Manager shall prepare a detailed estimate with supporting data for review by the Architect and approval by the Owner. During the preparation of the Construction Docu- ments, the Construction Manager shall update and refine' this estimate at appropriate intervals agreed to by the Owner, Archi- tect an0 Construction Manager. 2.1.5.4 Ii" any estimate submitted to the Owner exceeds pre- viously approved estimates or the Owner's budget, the Con- struction Manager shall make appropriate recommendations to the Owner and Architect. 2.1.6 SUBCONTRACTORS AND SUPPLIERS Th~ Construction Manager shall seek to develop subcontrac- tor interest in the Project and shall furnish to the Owner and Architect for their information a list of possible subcontrac- tors, including suppliers ';,,'ho are to furnish materials or equip- ment fabricated to a special design, from whom proposals will be requested for each principal portion of the Work. The Architect will promptly reply in writing to the Construction Manager if the Architect or Owner know of any objection to such subcontractor or supplier. The receipt of such list shall r}ot require the Owner or Architect to investigate the qualifica- uons of proposed subcontractors or suppliers, nor shall it waive the right of the Owner or Architect later to obiect to or reiect any proposed subcontractor or supplier. 2.1.7 LONG-LEAD TIME iTEMS The Construction Manager shall recommend to the Owner and Architect a schedule for procurement of long-lead time items which will constitute part of the Work as required to meet the Project schedule. If such long-lead time items are procured by the Owner. they shall be procured on terms and conditions acceptable to the'Constru,ition Managec Upon the Owner's acceptance of the Construdion Manager's Guaran- teed .Maximum Price proposal, all contracts for such items shall be assigned by the Owner to the Construction Manager. who shall accept responsibility for such items as if procured by the Construction Manager. The Construction Manager shall expedite the delivery of long-lead time items. 2.1.8 EXTENT OF RESPONSIBILITY The Construction Manager does not v'arrant or guarantee esti- mates and schedules except as may be included as part of the Guaranteed Maximum Price. The recommendations and ad~ice of the Construction Manager concerning design afier- natives shall be subject to the review and approval of the Owner and the Owner's professional consultants. It is not the Construction Manager's responsibility to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, building codes, rules and regula- tions. However. if the Construction Manager recognizes that portions of the Drawings and Specifications are at variance therewith, the Construction Manager shall promptly notify the Architect and Owner in writing. 2.1.9 EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION The Construction Manager shall comply with applicable laws, regulations and special requirements of the Contract Docu- ments regarding equal employment opportunity and affir- mative action programs. 2.2 GUARANTEED MAXIMUM PRICE PROPOSAL AND CONTRACT TIME teed Maximum Price. which shall be the sum of the estimated Cost of the Work and the Construction Manager's Fee. 2.2.2 AS the Drawings and Specifications may not he finished at the time the Guaranteed ,Maximum Price proposal is pre- pared, the Construction Manager shall provide in the Guaranteed Maximum Price for further development of the Drawings and Specifications by the Architect that is consis- tent with the Contract Documents and reasonablv inferable therefrom. Such further development does not in~:lude such things as changes in scope, systems, kind~ and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order. 2.2.3 The estimated Cost of the Work shall include the Con- struction Manager's contingency, a sum established by the Construction Manager for the Construction Manager:s ex. g p g ph ..... and other costs which are properly reimbursable as Cost of the x~brk but not the basis for a Change Order. 2.2.4 BASIS OF GUARANTEED MAXIMUM PRICE The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis. which shall include: .1 A list of the Drawings and Specifications, including all addenda thereto and the Conditions of the Con- teed Maximum Price proposal. .2 A list of allowances and a statement of their basis. .3 A list of the clarifications and assumptions made bv the Construction Manager in the preparation of th~ Guaranteed Maximum Price proposal to supple- ment the information contained in the Drawings and Specifications. .4 The proposed Guaranteed Maximum Price, including a statement of the estimated cost organized by trade and the fee that comprise the Guaranteed ,',laxi- · 5 The Date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based, and dates upon which the date of Substantial Completion is based. 2.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price pro- curacies in the information presen{ed, they shal promptly notify, the Construction Manager, who shall make appropriate adiustments to the Guaranteed Maximum Price proposal, its basis or both. 2.2.6 Unless the Owner accepts the Guaranteed .",laximum Price proposal in writing on or before the date specified in the proposal for such acceptance and so notifies the Construc- tion Manager, the Guaranteed Maximum Price proposal shall not be effective without written acceptance by the Construc- tion blanager. 2.2.7 Prior to the Owner's acceptance of the Construction Manager's Guaranteed .',laximum Price proposal and issu- ance ora Notice to Proceed, the Construction Manager shall 2.2.1 When the Drawings and Specifications are sufficiently complete, the Construction Manager shall propose a Guaran- not incur any cost to be reimbursed as p~r.~f the Cost of the Work, e:'~cept as the Owner ma(~lly authorize in writing. A121/CMc 4 AGC 565- 1991 2.2.8 Upon acceptance by the Owner of the Guaranteed Max- imum Price proposal, the Guaranteed Maximum Price and its basis shall be set forth in Amendment NO. 1. The Guaranteed Maximum Price shall be subject to additions and deductions by a change in the ',x,~rk as provided in the Contract Documents and the date of Substantial Completion shall be subject to adjustment as provided in the Contract Documents. 2.~).9 The Owner shall authorize and cause the Architect to revise the Drawings and Specifications to the extent necessa~- to reflect the agreed-upon assumptions and clarifications con- rained in Amendment No. 1. Such revised Drawings and Spec- ifications shall be furnished to the Construction Manager in accordance with schedules agreed to by the Owner, Architect and Construction Manager. The Construction Manager shall promptly notify the Architect and Owner if such revised Drawings and Specifications are inconsistent with the agreed- upon assumptions and clarifications. 2.2.10 The Guaranteed Maximum Price shall include in the Cost of the Work only those taxes which are enacted at the time the Guaranteed Maximum Price is established. 2.3 CONSTRUCTION PHASE 2.3.1 GENERAL 2.3.1.1 The Construction Phase shalI commence on the earIier of: (1) the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal and issuance of a Notice to Proceed, or (2) the Owner's first authorit, ation to the Construction Manager to: (a) award a subcontract, or (b} undertake construction ~3rk with the Con- struction Manager's own forces, or (c) issue a purchase order for materials or equip- ment required for the ',.X'ork. 2.3.2 ADMINISTRATION 2.3.2.1 Those portions of the ~brk that the Construction Manager does not customarily perform with the Construction Manager's own personnel shall be performed under subcon- tracts or by other appropriate agreements with the Construc- tion Manager The Construction Manager shall obtain bids from Subcontractors and from suppliers of materials or equip- ment fabricated to a speciaI design for the Work from the list previously reviewed and, after analyzing such bids, shalI deliver such bids to the Owner and Architect. The Owner shall then determine, with the advice of the Construction Manager and subject to the reasonable objection of the Architect, which bids will be accepted. The Owner may designate specific per- sons or entities from whom the Construction Manager shall obtain bids; however, if the Guaranteed Maximum Price has been established, the Owner may not prohibit the Construc- tion Manager from obtaining bids from other qualified bid- ders. The Construction Manager shaIl not be required to con- tract with anyone to whom the Construction Manager has reasonable objection. 2.3.2.2 If the Guaranteed Maximum Price has been estab- lished and a specific bidder among those whose bids are delivered by the Construction Manager to the Owner and ments of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager mav require that a change in the Work be issued to adjust the Contract Time and the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner Dy the Construction Manager and the amount of the subcon- tractor other agreement actually signed with the person or entity designated by the Owner. 2.3.2.3 Subcontracts and agreements with suppliers furnish- ing materials or equipment fabricated to a special design shall conform to the payment provisions of Subparagraphs 7. I.8 and 7.1.9 and shall not be awarded on the basis of cnst plus a fee without the prior consent of the OwneL 2.3.2.4 The Construction Manager shall schedule and con- duct meetings at which the Owner, Architect, Construction Manager and appropriate Subcontractors can discuss the status of the Work. The Construction Manager shall prepare and promtly distribute meeting minutes. 2.3.2.5 Promptly after the Owner's acceptance of the Guaran_ teed Maximum Price proposal, the Construction Manager shall prepare a schedule in accordance with Paragraph 3.I0 of AiA Document Aa01, including the Owner's occupancy requirements. 2.3.2.8 The Construction Manager shall provide monthly written reports to the Owner and Architect on the progress of the entire xXbrk. The Construction Manager shall maintain a daily log containing a record of weather, Subcontractors working on the site, number of workers, ',~brk accomplish- ed, probIems encountered and other similar relevant data as the Owner may reasonably require. The log shalI be available to the Owner and Architect. 2.3.2.7 The Construction Manager shall develop a system of cost control for the ~brk, including regular monitoring of actual costs for activities in progress and estimates for uncom- pleted tasks and proposed changes. The Construction Manager shah identify- variances between actual and estimated costs and report the variances to the Owner and 3. rchitect at reg- ular intervals. 2.4 PROFESSIONAL SERVICES The Construction Manager shall not be required to provide professional services which constitute the practice of architec- ture or engineering, unless such services are specifically' required by the Contract Documents for a portion of the ~;ork or unless the Construction Manager has specifically agreed in writing to provide such services. In such event, the Con- struction Manager shall cause such services to be performed by appropriately licensed professionaIs. 2.5 UNSAFE MATERIALS In addition to the provisions of Paragraph 10.1 in AiA Docu- ment A201, if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered but not created on the site by the Construction blanager, the Construction Manager shall, upon recognizing the condition, immediately stop XX'ork in the affected area and report the condition to the Owner and Architect in writing. The Owner. Construc- tion Manager and Architect shalI then proceed in the same Architect (1) is recommended to the Owner by the Construo manner described in Subparagraph 10.1,2 ~ AIA Document tion Manager; (2) is qualified to perform that portion of the A201. The Owner shall be responsible,~eSr~btaining the ser- xX, brk; (3) has submitted a bid which conforms to the require- vices of a licensed laboratory to verif.~fl~/o~resence or absence ~c>52~wAnN~N~:u~a~dptx~=~H~g`a~m~u`s`~py~m~`'`~md'~a~u~tu`~*``~`~'xt~~ AGC 565- 1991 5 of the material or substance reported by the Construction Manager and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents. the Owner shall furnish in writing to the Construction Manager and Architect the names and qualifications of persons or enti- ties who are to pertbrm tests veri6.ing the presence or absence of such material or substance or v-ho are to perform the task of removal or sate containment of such material or substance. The Construction .Manager and Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed bv the Owner. If either the Construction Manager or Archite~t has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Construction Manager and Architect have no reasonable objection. ARTICLE 3 OWNER'S RESPONSIBILITIES 3.1 INFORMATION AND SERVICES 3.1.1 The Owner shall provide full information in a timely manner regarding the requirements of the Project, includin~ a program which sets forth the Owner's objectives, constraints and criteria, including space requirements and relationships. tlexibility and expandability requirements, special equipment and systems, and site requirements. 3.1.2 The Owner. upon written request from the Construc- tion Manager. shall furnish evidence of Project financing prior to the start of the Construction Phase and from time to time thereafter as the Construction Manager may request. Fur- nishing of such evidence shall be a ~ondition precedent to commencement or continuation of the murk. 3.1.3 The Owner shall establish and update an o;'emll budget for the Project. based on consultation with the Construction Manager and Architect. which shall include contingencies for changes in the Work and other costs which are the respon- sibihty of the Owner. 3.1.4 STRUCTURAL AND ENVIRONMENTAL TESTS, SURVEYS AND REPORTS tn thc Preconstruction Phase. the Owner shall furnish the folio,x-ing with reasonable promptness and at the Owner's expense, and the Construction Manager shall be entitled to rely upon the accurao..- of any such information, reports, surveys, drawings and tests described in Clauses 3.1.4.1 through 3.1.4.4. except to the extent that the Construction 3.1.4.1 Reports. surveys, drawthgs and tests concerning the conditions of the site which are required by law. 3.1.4.2 Surveys describing physical characteristics, legal limita- tions and utility locations for the site of the Project. and a wrinen legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and struc- tures: adjacent drainage: rights-of-way, restrictions, easements. encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and belo~e grade, including inverts and depths. All information on the survey shall be referenced to a project benchmark. 3.1.4.3 The services of geotechnical engineers when such services are requested by the Construction Manager. Such ser- vices may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evalua- tions of hazardous materials, ground corrosion and resistivity tests, including necessary operations for anticipating sub'- soil conditions, with reports and appropriate professional recommendations. 3.1.4.4 Structural. mechanical, chemical, air and water pollu- tion tests, tests for hazardous materials, and other laboratory and environmerual tests, inspections and reports which ar~ required by law. 3.1.4..~ The services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Construction Manager. 3.2 OWNER'S DESIGNATED REPRESENTATIVE The Owner sha[l designate in writing a representative who shall have express authority to bind the Owner with respect to ail matters requiring the Owner's approval or authorization This representative shall have the authority to make decisions on behalf of the Owner concerning estimates and schedules. construction budgets, and changes in the Work, and shall render such decisions promptly and furnish information expeditiousl?; so as to avoid unreasonable delay in the ser- ',,'ices or '~Brk of the Construction Manager. 3.3 ARCHITECT The Owner shall retain an .Architect to provide the Basic Ser- vices, including normal structural, mechanical and electrical engineering services, other than cost estimating services. described in the edition Of AIA Document Bi.H current as of the date of this Agreement. The Owner shall authorize and cause the Architect to provide those Additional Services described in AIA Document BI41 requested by the Construc- tion Manager which must necessarily be provided bv the Architect for the Preconstruction and ~onstruction Pha~es of the Work. Such services shall be provided in accordance with time schedules agreed to by the Owner. Architect and Con- struction Manager. Upon request of the Construction Manager. the Owner shall furnish to the Construction Manager a copy of the Owner's Agreement with the Architect. from which compensation provisions may be deleted. 3.4 LEGAL REQUIREMENTS The Owner shall determine and advise the Architect and Con- struction Manager of any special legal requirements relating specifically to the Project which differ from those generally applicable to construction in the jurisdiction of the Project. The Owner shall furnish such legal sen'ices as are necessary to provide the information ano services required under Paragraph 3.1. A121/CMc 6 AGC 565- 1991 ~x~5~9~wARN~NG:Un~m~edph~t~y~ngv~t~U~S~n~hti~w~andw~u~y~ctthevf~~ ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES 4.1 COMPENSATION 4.1.1 For the services described in Paragraphs 2.l and 2.2 the Construcnon Manager's compensation shall be calculated as folIox;%: One Hundred F±ve Thousand Four Hundred Dollars ($105,400.00) which is due and payable at the time the Notice to Proceed is issued. i.~nd 4.1.3 If compensation is based on a multiple of Direct Personnel Expense, Direct Personnel Expense is defined as the direct salaries of the Construction Manager's personnel engaged in the Projec; and the portion of the cost of their mandatory and customary contributior~s and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holida?'s, vacations, pensions and similar contributions and benefits 4.2 PAYMENTS 4.2.1 Payments shall be made monthly following presentation of the Construction Manager's invoice and. where applicable. shall bc in proportion to services performed 4.2.2 Payments are due and payable ten ( 10 } days from the date the Construction Manager's invoice is received by ~he OwneL Amounts unpaid after the date on which payment is due shall bear interest at the rate entered beio~ or in the absence thereof, at the legal rate prevailing from time to time at the place where the Proiect is located Prime Rate of NationsBank, Fort Lauderdale, Florida ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES The Owner shall compensate tbe Construction Manager for Construction Phase services as follows: 5.1 COMPENSATION 5.1.1 For the Construction Manager's performance of the Work as described in Paragraph 2.3, the Owner shall pay the Con- struction Manager in current funds the Contract Sum consisting of the Cost of the Work as defined in Article 7 and the Con struction Manager's Fee determined as follows: Construct±on ~anager~s Fee: Four Hundred Twenty-One Thousand Six Hundred Dollars ($421,600.00) For Changes Ln the Work: For changes in the Work where any Change Order engenders an increase in the Cost of the Work, the Construction Hanager will. receive as an addit±onal fee f±ve percent (570) of the Cost of the Change Order Work plus general home office overhead expenses of ten percent (10%). Where any Change Order engenders a decrease in the Cost of the Work same shall be computed at Construction Manager's actual Cost of the Work. A121/CMc AGC s6s- lClql 7 5.2 GUARANTEED MAXIMUM PRICE 5.2.1 The sum of the Cost of the Work and the Construction Manager's Fee are guaranteed by the Construction Manager not to exceed the amount provided in Amendment No. 1, subject to additions and deductions by changes in the ~'ork as provided in the Contract Documents. Such maximum sum as adjusted by approved changes in the \~ork is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shaIl be paid bF- the Construction Manager without reimbursement by the Owner. In the event that the Cost of the Work and the Construction Manager's fees are less than the Guaranteed Maximum Cost, after giving effect to changes in the Work and any other adjustment which may be made, then the difference between the cost of the Work and the Construction Manager's fees, on the one hand, and the Guaranteed Maximum Cost on the other hand, is the savings. The first two hundred thousand dollars ($200,000.00) of the savings shall accvae and inure to the Owner to the extent of one hundred percent (100%) thereof. Any savings in excess of two hundred thousand dollars ($200,000.00) shall accrue and inure to the Owner to the extent of seventy-five percent (75%), thereof, and shall inure and be paid to the Construction Manager, as additional fee, to the extent of V, vent~-five percent (25%) thereof. 5.3 CHANGES IN THE WORK 5.3.1 Adiustm~n~s ~ ~hc Gua~n~e~d Ma~imum Pric~ ~n acc~unt ~f chang~s in th~ ~`~brk subs¢quem t~ the e×ecud~n of Am~nd- ment No. l may be determined by any of the methods listed in Subparagraph 7.33 of AIA Document A201. 5.3.2 In calculating adjustments to subcontracts (except those awarded with the Owner's prior consent on the basis of cost plus a fee). the terms "cost" and "fee" as used in Clause 7.3.3.3 of AIA Document A201 and the terms "costs" and "a reasonable alIowance for overhead and profit" as used in Subparagraph 7.3.6 of AIA Document A201 shall have the meanings assigned to them in that document and shall not be modified by this Article 5. Adjustments to subcontracts awarded with the Owner's prior consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. 5.3.3 In calculating adjustments to the Contract, the terms "cost" and "costs" as used in the above-referenced provisions of AIA Document A201 shall mean the Cost of the Work as defined in Article 6 of this Agreement and the terms "and a reasonable allowance for overhead and profit" shall mean the Construction Manager's Fee as defined in Subparagraph 5.1.1 of this Agreement, 5.3.4 If no specific provision is made in Subparagraph 5.1.1 for adjustment of the Construction Manager's Fee in the case of changes in the \Vork. or if the extent of such changes is such. in the aggregate, that appIication of the adjustment provisions of Subparagraph 5.I.I will cause substantial inequity to the Owner or Construction Manager, the Construction Manager's Fee shall he equitably' adjusted on th& basis of the fee established for the original ~brk. ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE 6.1 COSTS TO BE REIMBURSED 6.1.1 The term "Cost of the ~brk" shall mean costs necessarily incurred by the Construction Manager in the proper pertbr- mance of the Work. Such costs shall be at rates not higher than those customarily paid at the place of the Project except with prior consent of the Ownen The Cost of the Work shall include only the items set forth in this Article 6. 6.1.2 LABOR COSTS .1 Wages of construction workers directly employed by the Construction Manager to perform the construction of the ',xbrk at the site or, with the Owner's agreement, at off-site workshops. .2 \'('ages or salaries of the Construction Manager's supervisory and administrative personnel when stationed at the site with the Owner's agreement. · 3 ~hges and salaries of the Construction Manager's supervisory, or administrative personnel engaged, at factories, workshops or on the road, in expediting the production or transportation of materials or equipment required for the Work. but only for that portion of their time required for the Work. .4 Costs paid or incurred by the Construction Manager for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements, and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided that such costs are based on wages and salaries included in the Cost of the Work under Clauses 6.1.2.1 through 6.1.2.3. 6.1.3 SUBCONTRACT COSTS /~ Payments made by the Construction Manager to Subcontractors in accordance with the requirement~of~{~e subcontracts. AIA® · ~1991 · THE AMEPdCAN INSTITL~TE OF ARCHITECTS, 1735 NEW YORK AVENUE, N3X~, W~HINGTON. D.C~ 20006-5209 A121/CMc 20oc~52cg-WARNING:Unlleetmedphoto~vfotate~U.S. cof~la~sandwfll~thevic~torto~. AGC 565- 1991 8 6.1.4 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED CONSTRUCTION .1 Costs, including transportation, of materials and equipment incorporated or to be incorporated in the completed construction. .2 Costs of materials described in the preceding Clause 6.1,4.1 in excess of those actually installed but required to provide reasonable allowance for waste and tbr spoilage. Unused excess materials, if any, shall be handed over to the Owner at the completion of the Work or, at the Owner's option, shall be sold by the Construction Manager; amounts realized, if any, from such sales shall be credited to the Owner as a deduction from the Cost of the ',X'ork. 6.1.5 COSTS OF OTHER MATERIALS AND EQUIPMENT, TEMPORARY FACILITIES AND RELATED ITEMS .1 Costs, including transportation, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment, and hand tools not customariIy owned by the construction workers, which are pro- vided by the Construction ,Manager at the site and fully consumed in the performance of the Work; and cost less salvage value on such items if not fully consumed, whether sold to others or retained by the Construction ManageL Cost for items previously used by the Construction Manager shall mean fair market value. .2 Rental charges for temporary faciIities, machineq, x equipment, and hand tools not customarily owned b.v the construc- tion workers, which are provided by the Construction Manager at the site. whether rented from the Construction Manager or others, and costs of transportation, installation, minor repairs and replacements, dismantling and removal thereof. Rates and quantities of equipment rented shaIl be subject to the Owner's prior approval, .3 Costs of removal of debris from the site. .4 Reproduction costs, costs of telegrams, facsimile transmissions and long*distance telephone calls, postage and express delivery charges, telephone service at the site and reasonable petty cash expenses of the site office. .5 That portion of the reasonable travel and subsistence expenses of the Construction Manager's personnel incurred while traveling in discharge of duties connected with the X~'ork. 6.1.6 MISCELLANEOUS COSTS .1 That portion directly attributable to this Contract of premiums for insurance and bonds. .2 Sa es, use or similar taxes imposed bv a governmental authority which are related to the Xg'ork and for which the Con- struction Manager is liable} ' .:3 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Construc- tion Manager is required by the Contract Documents to pay. .4 Fees of testing laboratories for tests required by the Contract Documents, except those related to nonconforming Work other than that for which payment is permitted by Clause 6.I.8.2. .5 Royalties and license fees paid for the use ora particular design, process or product required by the Contract Documents: the cost o~ defending suits or claims for infringement of patent or other intellectual property rights arising from such requirement b5- the Contract Documents: payments made in accordance with legal iudgments against the Construction Manager resulting from such suits or claims and payments of settlements made with the Owner's consent: provided, however, that such costs of legal defenses, judgments and settlements shall not be included in the calculation of the Construction .Manager's Fee or the Guaranteed Maximum Price and provided that such royalties, fees and costs are not excluded by the last sentence of Subparagraph 3.1~.1 of AIA Document Aa01 or other provisions of the Contract Documents. .6 Data processing costs related to the x.grork. .? Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a specific responsibility to the Owner set forth in this Agreement. .8 Legal, mediation and arbitration costs, other than those arising from disputes between the Owner and Construction Manager. reasonably incurred by the Construction Manager in the performance of the Work and with the Owner's writ- ten p~.~sion, which permission shall not be unreasonably withheld. 6.1.7 OTHER COSTS 6.1.8 EMERGENCIES AND REPAIRS TO DAMAGED OR NONCONFORMING WORK The Cost of the Work shall also include costs described in Subparagraph 6.l.l which are incurred by the Construction Manager: .1 In taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and prope~y, as provided in Paragraph 10.3 of A1A Document A20i. tion Manager's Subcontractors or suppliers, provided that such damaged or nonconforming Wor.,~..~ not caused by the negligence or failure to fulfill a specific responsibility to the Owner set forth in this Agreem/~ft~.~/the Construction /~.' AGO · ©1991 · THE .~55OCIATED GENEILM. CONTRACTORS OF A.MEPJCA, 1957 E STREET, N3$L. WASHINGTON. D.C. z00e~Sz09.WAn~NC<Un~eneedp~mcx~ngv~me~t~-~a~andwm~mevk~or~mJ~- AGC 565- 1991 9 vise adequately the Work of the Subcontractors or suppliers, and only to the extent that the cost of repair or correction 6.1.9 Tine costs described in Subparagraphs 6.1.I through 6.l.8 shall be included in the Cost of the ',~brk notwithstanding ant- such costs, unless such costs are excluded by the provisions of Paragraph 6.2. 6.2 COSTS NOT TO BE REIMBURSED 6.2.1 The Cost of the ~brk shall not include: office or offices other than the site office, except as specifically provided in Clauses 6,1.2.2 and 6.1.2.3. vided in Paragraph 6.1. .3 Overhead and general expenses, except as may be expressly included in Paragraph 6.1. the ~brk. .S Rental costs of machinery and equipment, except as specifically provided in Subparagraph 6.1.5.2. .6 Except as provided in Clause 6.1.8.2, costs due to the negligence of the Construction Manager or to the failure of the Construction Manager to fulfill a specific responsibility to the Owner set forth in this Agreement. .6 Except as provided in Clause 6.1.7,1, any cost not specifically and expressly described in Paragraph 6,1. .6 Costs which would cause the Guaranteed Maximum Price to be exceeded. 6.3 DISCOUNTS, REBATES AND REFUNDS 6.3.1 Cash discounts obtained on payments made by the Construction Y, lanager shall accrue to the Owner if(l) before making the Owner. or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise. of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that 6.$.2 Amounts which accrue to th~ Owner in accordance with the provisions of Subparagraph 6.3.1 shall be credited to the Owner as a deduction from the Cost of the Work. 6.4 ACCOUNTING RECORDS 6.4.1 The Construction Manager shall keep full and detailed accounts and exercise such controls as ma,,,' be necessary for proper be required by law. ARTICLE 7 CONSTRUCTION PHASE 7.1 PROGRESS PAYMENTS 7.1.1 Based upon Applications for Payment submitted to the Architect by the Construction Manager and Certificates for Pay- ment issued by the Architect. the Owner shall make progress payments on account of the Contract Sum to the Construction Manager as provided below and elsewhere in the Contract Documents. 7.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 7.1.3 Provided an Application for Payment is received by the Architect not later than the last day of a month, the Owner shall make payment to the Construction Manager not later than the tenth day of the fo 1]_ow±ag month. If an Application for Payment is received by the Architect after the application date fixed above. sba be made by the Owner not later than tert (]-0) days after the Arc~2ct receives the pavmen ' L ._..__. 2~6-52~9°'#ARNlNG:~Jn~cen~#~:~y~ngvk~Jat~K~c~f~y~ght~a~andw~l~ub~t~ev~at~~ AGC 565- 1991 10 7.1.4 With each Application for Payment, the Construction Manager shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Construction Manager on account of the Cost of the Work equal or exceed (1) progress payments already received by the Construction Manager; [ess (2) that portion of those payments attributable to the Construc- tion Manager's Fee: plus (3) payrolls for the period covered by the present Application for Payment, 7.1.5 Each Application for Payment shall be based upon the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work, except that the Construction Manager's Fee shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Consirucdon Manager's Applications for Payment. 7.1.6 Applications for Payment shall show the percentage completion of each portion of the ~ock as of the end of the period covered by the Application for Payment. The percentage completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed or (2) the percentage obtained by dividing (a) the expense which has actually been incurred by the Construction Manager on account of that portion of the Work for which the Construction Manager ha~ made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price alIocated to that portion of the Work in the schedule of vaIues. 7.1.7 Subject to other provisions of the Contract Documents, the amount of each prugress payment shall be computed as follows: .1 Take that portion of the Guaranteed Maximum Price properly afiocable to completed Sbrk as determined by multiply- ing the percentage completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values, Pending final determination of cost to the Owner of changes in the ~brk, amounts not in dispute may be inclu :led as provided in Subparagraph 7.3.7 of AIA Document A201. even though the Guaranteed Maximum Price has not yet been adjusted by Change Order. .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the ~brk or. if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing. .3 Add the Construction Manager's Fee, less retainage or' ten percent ( 10 %). The Construction Manager's Fee shall be computed upon the Cost of the %'¢brk described in the two preceding Clauses at the rate stated in Subparagraph 5.1.i or, if the Construction Manager's Fee is stated as a fixed sum in that Subparagraph. shall be an amount which bears the same ratio to that fixed-sum Fee as the Cost of the xxbrk in the two preceding Clauses bears to a reasonable estimate of the probable Cost of the Work upon its completion. .4 Subtract the aggregate of ~revious payments made by' the Owner, .5 Subtract the shortfall, if any, indicated by the Construction Manager in the documentation required by Subparagraph 7.1.4 to substantiate prior Applications for Payment. or resulting from errors subsequently discovered by the Owner's accountants in such documentation. .6 Subtract amounts, if any: for which the Architect has withl~eld or nullified a Certificate for Payment as provided in Paragraph 9.5 of AIA Document A201. 7.1.8 Except with the Owner's prior approval, payments to Subcontractors shall be subject to retention of not less than ten percent ( 10 %). The Owner and the Construction Manager shall agree upon a mutually acceptable procedure for review and approvaI of payments and retention for subcontracts, 7.1.9 Except with the Owner's prior approval, the Construction Y, lanager shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 7.1.10 In taking action on the Construction Manager's Applications for Payment. the Architect shaIl be entitled to rely on thc accuracy and completeness of the information furnished by the Construction Manager and shall not be deemed to represent that the Architect has made a detailed examination, audit or arithmetic verification of the documentation submitted in accor- dance with Subparagraph 7.1.4 or other supporting data; that the Architect has made exhaustive or continuous on-site inspec- tions or that the Architect has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Oxx-neL will be performed by the Owner's accountants acting in the sole interest of the Owner, 7.2 FINAL PAYMENT 7.2.1 Final payment shall be made by the Owner to the Construction Manager when (I) the Contract has been fully performed by the Construction Manager except for the Construction Manager's responsibility to correct nonconforming Work, as provid- ed in Subparagraph 12.2.2 of AIA Document A201, and to satisfy other requirements, if any, which necessarily survive final payment; (2) a final Application for Payment and a final accounting for the Cost of the Work have been submitted by the Con- struction Manager and reviewed by the Owner's accountants; and (3) a final Certificate for Payment has then been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: or within thirty (30) days from the date of the issuance of a Certificate of Occupancy by the appropriate governmental authority, whichever is less. ~i~JGMc 20~6-5209 · WAI~INO: Unlloen~ed photoo:g~ng violat~ U.S. co~/~t lava and wll~ sul~ect b~e vlolat~ to legal Pn~ecutlofl- AGC 565- 1991 11 /.2.2 The amount of the final payment shall be calculated as follows: .I Take the sum of the Cost of the Work substantiated by the Construction Manager's final accounting and the Construc- tion Manager's Fee~ but not more than the Guaranteed Maximum Price. .2 Subtract amounts, if an% tbr which the Architect withholds, in whole or in part, a final Certificate tbr Payment as pro- vialed in Subparagraph 95.1 of AIA Document A201 or other provisions of the Contract Documents. .3 Subtract the aggregate of previous payments made by the Owner. If the aggregate of previous payments made by the Owner exceeds the amount due the Construction Manager, the Construction Manager shall reimburse the difference to the Owner. 7.2.3 The Owner's accountants will review and report in writing on the Construction Manager's final accounting within 30 day's after delivery of the final accounting to the Architect by the Construction Manager. Based upon such Cost of the Work as the Owner's accountants report to be substantiated by the Construction Manager's final accounting, and provided the other conditions of Subparagraph 7.2.1 have been met, the Architect will. within seven day~ after receipt of the written report of the Owner's accountants, either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager, or notify' the Construction Manager and Owner in writing of the Architect's reasons for withholding a certificate as provided in Subparagraph 9.5.1 of AIA Document A201. The time periods stated in this Paragraph :2 supersede those stated in Subpara- graph 94.I of AIA Document A201. 7.2.4 It' the Owner's accountants report the Cost of the xX,brk as substantiated by the Construction Manager's final accounting to be less than claimed by the Construction Manager, the Construction Manager shall be entitled to proceed in accordance with Article 9 without a further decision of the Architect. Unless agreed to otherwise, a demand for mediation or arbitration of the disputed amount shall be made by the Construction Manager within 60 days after the Construction Manager's receipt of a copy of the Architect's final Certificate for Payment. Failure to make such demand within this 60-day period shall result in the substantiated amount reported by the Owner's accountants becoming binding on the Construction Manager. Pending a final resolution of the disputed amount, the Owner shall pay the Construction Manager the amount certified in the Architect's final Certificate for Payment. /.2.$ If, subsequent to final payment and at the Owner's request, the Construction Manager incurs costs described in Paragraph 6.1 and not excluded by Paragraph 62 (1) to correct nonconforming Work, or 12) arising from the resolution of disputes, the Owner shall reimburse the Construction Manager such costs and the Construction 3{anager's Fee, if an% related thereto on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. It' the Construction Manager has participated in savings, the amount of such savings shall be recalculated and appropriate credit given to thc Owner in determini~.g the net amount to be paid by the Owner to the Construction Manager. ARTICLE 8 INSURANCE AND BONDS 8.1 INSURANCE REQUIRED OF THE CONSTRUCTION MANAGER During both phases of the Project, the Construction Manager shall purchase and maintain insurance as set forth in Paragraph 1f.t Of AIA Document A20I Such insurance shall be written for not less than the following limits, or greater if required by law: 8.1.1 Workers' Compensation and Employers' Liability meeting statutory limits mandated by State and Federal laws. If (1) limits in excess of those required by statute are to be provided or (2) the employer is not statutorily bound to obtain such insurance coverage or (3) additional coverages are required, additional coverages and limits ti)r such insurance shall be as follows: 8.1.2 Commercial General Liability including coverage for Premises-Operafions, Independent Contractors' Protective. Products- Completed Operations, Contractual Liability, Personal Injury, and Broad Form Property' Damage (including coverage for Explo- sion. Collapse and Underground hazards): $ [ , 000 ~ 000 $ 1,000 ~000 $ 1~000~000 $ 1,000,000 Eacb Occurrence General Aggregate Personal and Advertising Injury Products-Completed Operations Aggregate .1 The policy shall be endorsed to have the General Aggregate apply to this Project onl?: .2 Products and Completed Operations insurance shaII be maintained for a minimum period of at least l;wo 2 ) year(s) after either 90 days f$11owing Substantial Completion or final payment, whichever is earlieL .3 The Contractual Liability insurance shall include coverage sufficient to meet the obligations in AI/A~)ocument A201 under Paragraph 3.18~ /~/ 2~6.52~9~.w`~$lN~NG:U~l~e~.s~t~r~t~tl.$.e~tr~nt~t~i~i~e~~. AGC 565- 1991 12 8.1.3 Automobile Liability (owned, non-owned and hired vehicles) for bodily injury and property damage: $ 1,000 · 000 Each Accident 8.1.4 Other coverage: N/A 8.2 INSURANCE REQUIRED OF THE OWNER During both phases of the Project, the Owner shall purchase and maintain liability and property insurance, including waivers of subrogation, as set forth in Paragraphs 11.2 and 11.3 of AIA Document A201. Such insurance shall be written for not less than the following limits, or greater if required by law: 8.2.1 Property Insurance: $ 2) 500 Deductible Per Occurrence $ 2,500 Aggregate Deductible 8.2.2 Boiler and Machinery insurance with a limit of: $ 2.500 8.3 PERFORMANCE BOND AND PAYMENT BOND 8.3.1 The Construction Manager shall (Insert "shall" or "shall not") furnish bonds covering faithful perfor- mance of the Contract and payment of obligations arising thereundeL Bonds may' be obtained through the Construction Manager's ~--/one ~b{,~'~''~{~' percent ( 150 %) of the Contract Sum. 8.3.2 The Construction Manager shall deliver the required bonds to the Owner at least three days before the commencement of any Work at the Project site. ' ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 DISPUTE RESOLUTION FOR THE PRECONSTRUCTION PHASE 9.1.1 Claims. disputes or other matters in question between the parties to this Agreement which arise prior to the com- mencement of the Construction Phase or which relate soIely to the Preconstruction Phase services of the Construction Manager or to the Owner's obligations to the Construction Manager during the Preconstruction Phase, shall be resolved by mediation or by arbitration, 9.1.2 Any mediation conducted pursuant to this Paragraph 9,1 shall be held in accordance with the Construction lndustp,.' Mediation Rules of the American Arbitration Association cur- rently in effect, unless the parties mutualIy agree otherwise, Demand for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. Any demand for mediation shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for media- tion be made after the date when institution of legal or equitable proceedings based upon such claim, dispute or other matter in question would be barred by the applicabIe statute of limitations. 9.1.$ Any claim, dispute or other matter in question not resolved by mediation shall be decided by arbitration in accor- dance with the Construction Industry Arbitration Rules of the 9.1.4 Demand tbr arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitra- tion :Lssociation. A demand for arbitration may be made con- currently with a demand for mediation and shall be made within a reasonable time after the claim, dispute or other mat- ter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based upon such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 9.1.5 No arbitration arising out of or relating to the Contract Documents shall include, by consolidation or joinder or in any other manner, the Architect. the Architect's employees or consultants, except by written consent containing specific reference to the Agreement and signed by the Architect. Owner, Construction Manager and any other person or enti- ty sought to be joined. No arbitration shall include, by con- solidation or {cinder or in any other manner, parties other than the Owner, Cons{ruction Manager, a separate contrac- tor as described in Article 6 of AIA Document A201 and other persons substantially involved in a common question of fact or law v-hose presence is required if complete relief is to be accorded in arbitration. NO person or entity other than the Owner Or Construction Manager or a separate contractor as described in Article 6 of AIA Document A201 shall be included as an original third party or additional third party to an arbi- tration whose interest or responsibility is insubstantial. Con- sent to arbitration involving an additional person or entity shall nor constitute agreement to arbitration of a dispute not described in such consent or with a person or entity not American Arbitration Association currently in effect unless the named or described therein. The foregoing agreement to arbi- parties mutually agree otherwise, trate and other agreeTents to arbitrat~/~n additional per- zO~6.5~O9~ARN~R~:~n#c~na~dph~t~c~/ingv~ate~U.~.c~./n~ht~a~v"$andw~ct~e~t~~ AGC 565- 1991 13 son or entity duly consented to by parties to this Agreement shall be specifically enforceable under applicable law in any court having iurisdiction thereof. 9.1.6 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 9.2 DISPUTE RESOLUTION FOR THE CONSTRUCTION PHASE 9.2.1 Any other claim, dispute or other matter in question arising out of or related to this Agreement or breach thereof shall be settled in :accordance with Article 4 of AiA Document Aa01, except that in 'addition to and prior to arbitration, the parties shall endeavor to settle disputes by mediation in accor- dance with the Construction Industry :,,lediation Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. Any mediation arising under this Paragraph shall be conducted in accordance with the pro- visions of Subparagraphs 9. i.2 and 9.3 OTHER PROVISIONS 9.3.1 Unless otherwise noted, the terms used in this Agree- ment shall have the same meaning as those in the 1987 Edi- tion of AIA Document AaOi, General Conditions of the Con- tract for Construction. 9.3.2 EXTENT OF CONTRACT This Contract. which includes this Agreement and the other documents incorporated herein by reference, represents the entire and integrated agreement between the Owner and Con- struction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only bv written instrument sign- ed bF' both the Owner and Consiru~tion Manager, If anything in any document incorporated into this Agreement is incon- sistent with this Agreement, this Agreement shall govern. 9.3.3 OWNERSHIP AND USE OF DOCUMENTS The Drawings. Specifications and other documents prepared by the Architect. and copies thereof furnished to the Con- struction Managec are for use solely with respect to this Proj- ect. They are not to be used by the Construction Manager, Subcontractors. Sub-subcontractors or suppliers on other proj- ects, or for additions to this Project outside the scope of the Work. without the specific written consent of the Owner and Architect. The Construction Manager, Subcontractors, Sub- subcontractors and suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Archi- tect appropriate to and for use in the execution of their X~brk under the Contract Documents. 9.3.4 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located. 9.S.6 ASSIGNMENT The Owner and Construction Manager respectively bind themselves, their partners, successors, assigns and legal rep- resentatives to the other party hereto and to partners, suc- cessors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the otheL If either party- attempts to make such an assignment ARTICLE 10 TERMINATION OR SUSPENSION 10.1 TERMINATION PRIOR TO ESTABLISHING GUARANTEED MAXIMUM PRICE 10.1.1 Prior to execution byboth parties ofAmendmeru No. I establishing the Guaranteed Maximum Price, the Owner may terminate this Contract at any time without cause, and the Construction Manager may terminate this Contract for any of the reasons described in Subparagraph 14.1.1 of AIA Docu- ment Aa01. 10.1.2 If the Owner or Construction Manager terminates this Contract pursuant to this Paragraph 10.1 prior to commence- ment of the Construction Phase, the Construction Manager shall be equitably compensated for Preconstruction Phase ser- vices performed prior to receipt of notice of termination; pro- vided, however, that the compensation for such services shall not exceed the compensation set forth in Subparagraph 4.1.1. 10.1.3 If the Owner or Construction Manager terminates this Contract pursuant to this Paragraph I0.I after commencement of the Construction Phase, the Construction Manager shall. in addition to the compensation provided in Subparagraph 10,1.2, be paid an amount calculated as follows: .1 Take the Cost of the ~'ork incurred by the Construc- tion ManageL .2 Add the Construction Manager's Fee computed upon the Cost of the ~brk to the date of termination at the rate stated in Paragraph 5.I or, if the Construc- tion Manager's Fee is stated as a fixed sum in that Paragraph, an amount which bears the same ratio to that fixed-sum Fee as the Cost of 'gObrk at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion. .3 Subtract the aggregate of previous payments made by the Owner on account of the Construction Phase. The Owner shall also pay the Construction Manager fair com- pensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager which the Owner elects to retain and which is not otherwise included in the Cost of the Work under Clause 10.1.3.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a con- dition of receiving the payments referred to in this Article 10, execute and deliver all such papers and take all such steps. including the Iegal assignment of such subcontracts and other contractual rights of the Construction Manager, as the Owner may' require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders. Subcontracts, purchase orders and rental agreements entered into by the Construction Manager with the Owner's written approval prior to the execution of Amendment No. 1 shall con- lain provisions permitting assignment to the Owner as described above, if the Owner accepts such assignment, the Owner shall reimburse or indemnify the Construction Manager with respect to all costs arising under the subcon- tract, purchase order or rental agreement except those which would not have been reimbursable as Cost of the ~'ork if the contract had not been terminated. If the Owner elects not to accept the assignment of any subcontract, purchase order without such consent, that party shall nevertheless remain or re~tal agreement which would ~av~e} constituted a Cost of legally responsible for all obligations under, the Contract. the "~ork had this agreement_ n~,/oe./e/.__., terminated, the Con- _,o00¢5209.W~nN~N~:Un~s~no~ngv~KS. cop~g~a~t~a~,~,~=~g~p,~u~o,. AGC 565- 1991 14 struction Manager shall terminate such subcontract, purchase order or rental agreement and the Owner shall pay the Con- struction Manager the costs necessarily incurred by the Con- struction Manager by reason of such termination. 10.2 TERMINATION SUBSEQUENT TO ESTABLISHING GUARANTEED MAXIMUM PRICE Subsequent to execution by both parties of Amendment No. 1, the Contract may be terminated as provided in Article 14 of AIA Document Aa01. 10.2.1 In the event of such termination by the Owner, the amount payable to the Construction Manager pursuant to Sub- paragraph 14.12 of AIA Document Aa01 shall not exceed the amount the Construction Manager would have been entitled to receive pursuant to Subparagraphs 10.I.2 and 10.1.3 of this Agreement. 10.2.0. In the event of such termination by the Construction Manager, the amount to be paid to the Construction Manager under Subparagraph 14.1.2 of AIA Document A201 shall not exceed the amount the Construction Manager would be enti- tled to receive under Subparagraphs 10.1.2 or 10.1.3 above, except that the Construction Manager's Fee shall be calculated as if the ~)rk had been fully completed by the Construction Manager, including a reasonable estimate of the Cost of the XZ'ork for '~'ork not actually completed. 10.3 SUSPENSION The ~brk may be suspended by the Owner as provided in Article 14 of AIA Document A201; in such case, the Guaranteed Maximum Price, if established, shall be increased as provid- ed in Subparagraph 14.3.20fAIA Document A201 except that the term "cost of performance of the Contract" in that Sub- paragraph shall be understood to mean the Cost of the ~brk and the term "profit" shall be understood to mean the Con- struction Manager's Fee as described in Subparagraphs 511 and 5.3.4 of this Agreement. ARTICLE 11 OTHER CONDITIONS AND SERVICES This Agreement entered into as of the day and .,,'ear first written above. OWNER: By: Date: ATTEST: CITY OF AVENTURA CONSTRUCTION MANAGER: JANES A. CL~INGS, 'ngs, Preside ATTEST: ~f~/~~ INC. 2CO06-5209 · WARNINO: Unlicer,~d photocof~ng violates U.S. cory/tight ~ and will sub~e~ U~e vfolato~ to legal prosecution. A121/CMc AGC 565- 1991 15 AMENDMENT NO. I TO AGREENIENT BETWEEN OWNER AND CONSTRUCTION MANAGER Pursuant to Paragraph 2.2 of the Agreement. dated December 15, 1998, between City of Aventura (Owner) and James A. Cummings, Inc. (Construction Manager), for Government Center (the Project), the Owner and Construction Manager establish a Guaranteed Maximum Price and Contract Time for the Work as Set forth below. ARTICLE I GUARANTEED MAXIMUM PRICE The Construction Manager's Guaranteed Maximum Price for the Work, including the estimated Cost of thc Work as defined in Article 6 and the Construction Manager's Fee as defined in Article 5, is Thirteen Million Twenty-Eight Thousand Nine Hundred Forty-Six Dollars($ 13,028,946.00 Exhibits "A" through "F" are included in the attached Guaranteed Maximum Price Estimate of November 30, 1998, attached herewith. The Price is for the performance of the Work in accordance with the Contract Documents listed and attached to this Amendment and marked Exhibits "A" through "F" as follows: Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E'* Exhibit "F" Qualifications and Clarifications, pages I through 11, dated November 30, 1998 GMP Estimate, pages 1 through 16, dated November 30, 1998 Bid Comparison Sheet, pages I through 7, dated November 30, 1998 List of Drawings, pages 1 through 5, as noted (85% Construction Drawings) - List of Specifications (Draft), pages 1 through 4, dated November 5, 1998 Elevator Description, page 1 The parties agree that the atttached AIA Document A201o1997 Edition wilt be utilized in lieu of AIA Document A201-1987 Edition. Where this Agreement (AIA Document 12 I/CMc) makes reference to AIA Document A20 I-1987 Edition, it is mutually a~eed that the appropriate article of AIA Document A201-1997 Edition shall be utilized. Exhibit "A" documents take preference over all other documents. .~e~ CONTRACT Wll~a (I,."~,. $ J'"-- -- The date of Substantial Completion established by this Amendment is: $im'~n ~J~ months from Date of Notice to Proceed with Construction or ten (10) days a~er issuance of a Building Permit, whichever is later. OWNER: By: . Date: ATTEST: CITY OF AVENTURA CONSTRUCTION N1ANAGER: J&MES A. CLRq~INGS, INC. --~ime ~-- 'n.j~me~g~.-A~. ~ngs~ President A121/CMc AGC 565- 1991 1997 EDITION AIA DOCUMENT General CondOr. ions of the Contract for Construction 4. 5. 6. 7. 8. 9. 10. 11. ~12. 13. 14. TABLE OF ARTICLES 1. GENERAL PROVISION S ~~ CONTRACTOR~ .~.~ ADMINISTRATION OF~TH SUaCONTRACTORS :.' CONSTRUCTION CHANGES IN THE WORK. PAYHENT$ AND CO~PLETION-~ PROTECTION OF PERSON~AN~P~OPER~ INSURANCE AND BONDS UNCOVERING AND.C~RECTION ~ISCELLANEOUS ~ROVISIONS CONTRACTORS · CAU~O~ You shouM use an or~t~I;.~[/~4rnent with the ,~A 1o~o prznted In red.~ori~mal assures that A201-1gg7 This document has impor- tant legal consequences. Consultation with an completion or modification.e This document has been approved and endorsed by The Associated General INDEX Acceptance of Nonconforming Work 9.6.6, 9-9.3,12.3 Acceptance of Work Access to Work Accident Prevention Acts and Omissions Addenda Additional Costs, Claims for Additional Inspections and Testing 9.8-3. z2.2. L ~3.5 Additional Time. Claims for 4-3-4, 4.3-7, 8.3-2 Architect's Authority to Reiect \~.brk Architect's Copyright Architect's Decisions 4.4,6, 4.5.6.3. 7.3.6, 7.3.8, 8. L3. $-3. L 9.2.9-4, 9.5A, Architect's Inspections Architect's Instructions Architect's Interpretations Architect's Project Representative Architect's Approvals · -4, 3.i.3- 3-5.1. 3.1o.2. 4,2.7 Mchitect's Relationship with ~chitect's Relationship with ~chitea's Representations ~chite~'s Site ~sits ~bestos A~d of Separate Contrac~ for Potions of ~e Work Bidding Requiremen~ Bonds, Lien Bonds, Perfo~ ~d ~ent Building Pe~it 3.7.1 Ce~ificate of Subst~tial Compl~ion Ce~cates for ~mem Certificates of inspection, Testing or Approval Change Orders Change Order*, Definltion ~f Claim, Defin/tion of ., Claims and Disputes ]0.3-3 .. Claims and Timely Assert/on of Claims - Claims for Additional Cost ' Claims for Addifioua~ Time :'"' Claims for Concealed or Unknown Conditions Conditions of the Contract Consent, Written CONSTRUCTION BY OWNER OR BY SEPARATE Constraclion Change Directive, Definition of Construction Change Directives Construction Schedules, Contractor's Contingent Assignment of gubcontracLs Continuing Contract Per£orma~¢e 4.3.3 Contract, Definition of CONTRACT, TERMINATION OR SUSPENSION OF THE Contract Administration Claims for Damages ~;,'i~;i '"' -~ . ' ~ 3- Contract .Award and Execution, Conditions Relating Clams Subl~ to ~on- ' - :-~ - - Contract D~uments, Copies Furnished Cling Up and ~e of Comm~cement of ~e Wo~ Contract Sum, DefiLition of ~mmen~m~t o~ Wo~, De~on of :' ~.~ ' ~mpiefion, Condifio~ Relating to . . _ Contracl Time. Definition of - . Contra~or's Employees ~nc~ or ~ Conditio~'z775 ~ ~': Con~amor's Liability Instate Ah& DOCUMENT AaOl-1gg7 GENERAL COND{TIONS OF THE CONTRACT FOR Of Architects 1735 New York Avenue, N.W, Washington. D.C, 20(X~-S292 I'rl ~1997 AIA~ MA DOCUMENT A201-lg~? GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Insfitu~e Contractor's Relationship with S~parate Contractors a~d O~er's Forces Contractor's Relationship with Subcontractors Contractor's Relationship with thc Arckitecl Contractor's Representations Contractor's Responsibility for Those performing the Work Contractor's Review of Contract Documents Contractor's Right to Stop the Work Contractor's Right to Terminate the Contract Contractor's Submittals Contractor's Superintendent Contractor's Supervision and Construction Procedures Contractual Liabil ty Insurance Coordination and Correlation Copies Furnished of' Drawings and Specifications CopyrighB Correction of' Work Cost, Definition of 7.3.6 Cutting and Patching Damage to Construction of' Owner or Separate Damages, Claims for Damages for Delay Date of Commencement of the Work, Definition of 8.L2 Date of Substantial Completion, Definition of Day Definition of Decisions of the ,krchitect Decisions to withhold Cer~ficatton: Defective or Nonconforminl Rejection and Correction of Defective Work, Definitions Delays and Extension Damage to the X~brk ~ ' D~ents ~d S~ples at Drawings. Definition of Dra~gs ~d S~cificatio~;~ Emp ovees. Contras Equipment. La~r, ~ufion and Progress ~m. 3,:2. 3,~* .~2. ~ensions of Time 3,- Fml~e of ~ment See Defecuve or Nonconforming Final Completion and Final Payment Fire and Extended Coverage Insurance Governing Law . .- Insurance Companies, Consent to partial Occupancy Imurance Companies, Settlement with Intent of the Contract Documents Interest 13.6 Inte~retations, Written [oin&r and Consolidation of Claims Required 4.6.4 Judgment on Final Award 4-6.6 Labor and Materials, Equipment Labor Disputes ! Laws and Regulations : Liens g'~imitafion on Consolidation or Joindar ~2~Limitations, Statutes o. clions to Bidders - - ' Instra . .~.:ct~z;,'~' Limitations of Llabihty . - :, '~ ~ns, Meth~s, Techm~es. auenc~ ad ~St~ Martials : '_' :,,~ Mechanic's Lien >. GENERAL CONDITIONS OF THE CONTRACT FOR Washington, D.C. 20006-5292 l'rl of Atchltec~s Mediation Minor Changes in the Work Modifications, Definition o[ Modifications to the Contract Mutual Responsibility Nonconforming Work. ^cccptanc~ of ~oncon[o~g Work, R~i~on ~d Come.on of Notice ~oGce o[ Tcs6ng m ~ ~ions Oc~p~ ~er. [~[o~ation a~d ~ccs Required o~ the ~ncr's ~ner's Fin~cial Owner's Loss of L.Lse Insurance Owner's Relationship with Subcontractors Owner's Right to Cato' Out the Work Owner's Right to Clean ~p Owner's Right to Perform Constnac~on and Award Separate Contract$ Owner's Right to Stop the Work Owner's Right to Suspend the Work Ownership and LLse of Drawings and Other Partial Occupancy or Use Patching, Cutting and Payment, Applications fo~ payment, Certificates for :f,i:~ paymentS, Pr gsess, p~rformance Bond and ~<meut Po ychlorinated Blpheny[ Product Data, Definition of Product Data and Samples, Shop Drawings Progress and Completion Proiect, Definition of the t. L4 Project Management Pnatective Liability Insurance Proiea Manual. Definition of the Proiect.Manuals Project Representatives -- _ Safety of Persons and Proper~y 10.2, IO.6 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3.1, lo,l, 10,2, 1o.6 Samples, Definition of 342.3 Samples, Shop Drawings, Product Data and 2.u, 1.12, 4.2.7 Samples at the Site, Documents and Schedule of Values 9.1, 9.3.1 Schedules, Construction Separate Contracts and Contractors Shop Drawings, Definition of _. '. c~ 1.6, ~ 36, 3.?~3.~z4o, ~a3,~/.t.h~.,. - ;~Ta~- ~. 6, 4-i~ - S~te lnspechons 9'6~'9'1,~O~,1~.~1~L1~,1~ ~ 1.2-2,3,2.1,3-3,3,3,7.1,4.2,4.3.~9.4.2 9AOA 13,5 ' : 13-~ .? ~07~;' ; ~' ~ Site~si~,~chitect's - = _ . . _~ -~ -t'*~ -~7-' Sp~lal Insp~lons and T~ttng ~e~s and ~ ~f ~em ': ~Ca~" -~;:,~';: : 9.8-2. 9.10.1 ~_.. . - - -~ R~olufion of ClnlmC~d D~I~ "' · ~ib~ty Cot ~ P~ing the WSrk .9-~x, 9.6=, 9.8.5, 9.9a,~9.~, 9.1o.3 - =.-- ,~: . , ~W~..-~ - -' Su~ua~on Work bv -- ~ of Cont=ctor * ~--~ -~ ~ner -- - ~ ~tect ~ ~~- . X~ ~7 ~ ~3-2, 3,1!.h 4.2.~ 5.2.3, 5-3, 5-~ 9.3,1.2, 9.6.7 R~ of Shop ~, ~uct Data and lmmi. Ia.3.2 S~ples by Cont~.-%. _ -~ :' Submittals Rights and Remedies '_ R°Yalti~, ~atents and Copyrights Specifications, Definition of the Specifications, The Statute of Limitations Stopping the Work Stored Materials Subc. ontra~br, Definition of Subrogation, Waivers of Substantial Completion 9.io.4.2, 12.2, 13.7 Rules and Notices for Arbitration i Z : - :.~ ~:'.z'=.'~4.6..~ ' :? .- ~:' , Substantial Completion, Definiti~4 of/ of Architects 1735 New York Avenue, N.W. Washington. D.C. 20006-5292 GENERAL CONDITIONS OF THE CONTRACT FOR The American institute Substitution of Subcontractors Title to Work 5.2.3, 5.2.4 9.3.2, 9.3.3 Substitutions of Materials Uncovering of Work 3-4-2, 3-5-1, 7-3.7 12.1 Sub-subcontractor, Definition of Unforeseen Conditions Subsurface Conditions Unit Prices Superintendent Llse of Site Supervision and Construction Pro~edttres Values, Schedule of 7.1.3, 7.3,6, 8.2, 8-3.1, 9.4-z, lO, 1~, 14 Waiver of Claims by the .~rch~tecl~;~ 9ao.z, 9.1o.3 Waiver of Claims , Surveys 4-3-1o, 9.9-3 Suspension by the Owner for Convenience Waiver of Conseq Suspension of the Work Waiver of Liens Suspension or Termination of the Contract Waivers of Subrogation Ta~es Warranty ~3.74.3 Termination by the Owner for Cause Termination of the Architect Written Consent Tests and Inspections Time, Delays and Extenaion~ of Time Limits Time Limlt~ on Claim~ Written Notice 5.2.l. 8.2.z. 9-7, 9.1o, lo.mz, lO.3, .1.~, ~3 3.9, 4,376';~ ? ~-'--~4'5 ARTICLE I GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is fl) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such ~ bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contra~or's bid or portions of Addenda relating to . bidding requirements). :Lift' h~THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated, agreement between the parties hereto and supersedes prior negotiations, representations or agreements, eithe~fi~tten or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind fl} betweefi the Architect and Contractor, (2) between the Owner and a Subcontractor or Sub-sube. onLractor,(0) bet~'een the Owner and Architect or (4) between an,,- persons or entities other than the O~ne~' and 'Contractor. The Architect shalI, however, be entitle(~ to performance and enforc,emant of obligations under the Contract intended to facilitate performaz:ce of the Architect s duties. ~ ' t.~.~ --.TNt woa~L.~:~' --~L.~ .~ ~,~'W . ' -~-The term Work.means th¢constie, ctton and set,aces requzred by the Contract Documents, whether complet~ o~ partial/y, completed, and includes all other labor, materials, equipment and services provided or to be provided ~ the Cofitractor to fulfill the Contractor's obligations. The Work may constitute the whole or a pa~ of:the ~Project. The Proiect is th~ total construction of.which the Work performed under the Contract ' Documents may be the whole or a part hfi~ which may include construct on by the Ow'ncr or by 1.1,S THE DRAWINGS 'C - The Drawings are the g~-aphJ~: ~ad piO. orial porfio~ of the Contract Documents showing the design, location and di~. efi~s"i0ns of the Work, gmeral]r including plans, elevations, sections, details, schedules and.di~gr'g~s~ ,;? Th~ Specifications ~ ~at.~p?rtlon of the ContraO.-Ekk:~ments consisting of the written require- ~-~ment~ for materials~'~luipm&~t, ~stems, ~st,z~lan~ and workmanship for the Work, and perfor- mance of related serdc~.-- - '- .~', 1.1.7 TIlE PROJECT MANUAL The Proiect .'vlanfial is a volume assehabl~:Jcfor the Work which may include the bidding reqturements, sample' forms, Conditions o~th~ ~(~ntract and Specificatiot~s. 1.2 ~ CORRELATION AND INTENT O~ THE CONTRACT DOCUMENTS · 1.2.1 ~--The intent of the Contract.:Dochments is to include all items necessary for the proper execution and completion of the Work b~v the Contractor. The Contract Documents axe ~' :-5 - ~'~U4mC~ u"~'~d F~x'~'~ "s"am u's ~hr ~'"' '~d "~E ~ ~ '~ ~ ~l ~- AIA DOCDM[NT A201-lBg7 GENERAL CONDtTIONS OF THE CONTRACT FOR CONSTRUCTION comp ementarv, and what s required by one shall be as binding as f required by all: performance by the Contractor shall be required only to the extent consistent with the Contract Documents a~d reasonably inferable from them as being necessary to produce the indicated results. 1.l.1 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.1.3 Unless otherwise stated in the Contract Documents, words which have well-knov, n ..~. ct on ndustrv meanines are used in the Contract Documents in accordance · with such recognized meanings. 1.3 CAPiTALIZATiON 1.53 Terms capitalized in these General Conditions include those which are 0) spec fically defined, (a) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document or (3) the titles of other documents published by the Ameflc~n Institute of Architects. ::i~_:~.,~. 1.,.t I, the interest of brevity the Contra.ct D~o)~umffnts frequently omit modifying.~wpr~.~: " " van "and articles such as 'the and an, but the fact that a modifier or as all and y . . . . t from one statement and appears ~n another is not mtended to affect the m~ either statement· : 'i "~'~ t.$.l The Contract Documents shall be signed by the Owner and Contr:,/ct0r. ILei~Ahe Owner or Contractor or both do not sign all the Contract Documents, th .,. 1.$.2 Execution of the Contract by the Contractor is a representation that the.Contradt~ h/s x-isited the site, become generally familiar with local conditions under which the performed and correlated personal obse~'ations with requirements of the Contract 1.$.1 The Drawings, Specifications and other documents, including thos~ h prepared by the Architect and the Mchitect's consultants are Instruments o£ which the Work to be executed by the Contractor is described~-TThe Contrac{or mi,/ record set. Neither the Contractor nor any Subcontractor, Sub-subcontractor or · t su 1 er shall own or claim a copyright in the Drawings, Spec~ficaUons anc~ eqmpmen PP ...... · ....... ~o ~-chitect's consultants, and unless oth~ documents prepareo oy tne ,~rcm .......... :~ ...... .~ ,~-uthors ofthe~-"~'nd indicated the Architect and the Architect s consultants snau ~ .uee.m...~......,.. ,~.., ' l~ts~ ~-'?~t~ will retain all common law, statutory and other reserv~ rights, m 8ddiuon t~.tmuer~d,t~or~i. covies of Instruments of Service, except the Contractors record .~?.hall be. ~ accounted for to the Architect, on request, upon completion of the Worlc. lne- ~r g Specifications and other documents prepared by the Architect and the Architect's consultants, and copies thereof furnished to the Contractor, are for use solely with respect io this Project. They.ire not to be used by the Contractor or any Subcontractor, Sub-subcontractor or material or ui ment su ~Iier on other projects or for additions to this Project outside the scope of theWork eq p p. . - ,~. - a~,-~heci and the ~rch feet's consuhaii~'Th~ authorized to use and reproduce applicable portions of the Drawings, Specifications ancI~Sher documents prepared by the Architect and the Architect's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this authorization shall bear the statutory cop,wight notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Proiect is not to be construed as publication in derogation of the Architect's or ,~'chitecfs consultants' copyrights or ot?.er reserved rights. ,ARTICLE 2 OWNER 2.1 GENERAL 2.1.1 The Owner is the person or entny identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in . writing a represen.:tat~,e who shall have express authority to bind the Owner with respect to all matters requiring the C~vner's approyal or authorization. Except as otherwise provided in Subparagraph 4.2a the Architect_ doe.s.~m_~ot have such authority. The term "Owner" means the Owner or the Owner's authq,ri~ed rep _m~e~,.~tative. 2.1.2 The Offer shall fij. n~i.,~sh to ~e~.C~n~ tractor within fifteen days after receipt of a written _ request, information nec~_ers~3zy and~t for the Contractor to evaluate g ye notice of or ~mecham¢ ng~ts. ~m~.'~_~a~i~on shall include a correct statement of the record legal utle to the property on whmh the Projec[. is located, usually referred to as the site, and the Owner s m crest thereto. '-'-~ *' 7: 2.2 : INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 ? The Owner shall, at the written- ~xt~e~:'bf the Contractor, prior to commencement of the Work and thereafler, fiffnish to Ire ~r reasonable evidence that financml arrangements have been made to f~dfill the Owher's ~'l~zoll~ under the Contract. Furnishing f shall be a cond~Oon precedent to commeno:ment or contmuatmn of the Work· After such evidence has been fi~nished, the Owner qhall not materially vary, such financ a arrangements withodt prior notice to the ContraCtor.-~'~e:~c* 2,1.2 Fo:cept for pernuts and fees, mi:lud~ng those reqmred under Subparagraph 3.7.h which are the r~sponsibility ofth~ Cfntr~ct~i'-~{ader't~*'Contract Documents, the Ow'ncr shall secure and pay for necessary' apI//6~lK easementS; assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing fac/l/ties. Ow~"~h~a~'~fumis~bing physical characteristics, legal limitations and 2.2.3 The utilit)ilo~ation~ ~'or th~'-~{e_o~il~'~P~ctw~,'~J~d a le~gaF,~ges~.~,ption of the site. The Contractor shall be ent~fled to rely on, the accuracy of tnformaOon ~'hed by the Owner but shall exercise proper precautions rela...t~,.g to the safe p_er formance oft~e Work. 2.2.4. Information ~r se~':~f'~d o~th~ .O~g~r by the Contract Documents shall be ,-~shed by ~e ~.,.~'ll~.reasonable ~.m~ other mformauon or semces relevant d to the Conmctor'a ~i~'~of the W6rk ~'0r~ner's control shall be furnished by the Owner after recezpt from i~'~Contraclor of ~a~i~tl~rrequest for such lnformatmn or sermces. 2.2~ Unless otherwise pm',aded re.the Contract Documents the Contractor will be furnished of sue cop es . anuals as are reas=shIy necess for execution of the Work· · _ . ~ 2.1. . If the Contractor :a~ t~ ~ Work which is not m accordance ,*nth the requirements AIA DOCUMENT A201-1957 GENERAL CONDITIONS OF TH[ CONTRACT FOR CONSTRUCTION The Americnn Institute of Architects 173~ New York Avenue, N.W. Washingtm% D.C. 2{X~6-S292 rtl o~ of Atchi~cts 1735 New York Awnue, N.W. Washinslo~, D.C. 20006-5292 accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise 1o a duty on the part of the O~ner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 2.4OWNER'S RIGHT TO CARRY OUT THE WORK 2,4,1 [f the Contractor defaults or neglects to carry out the ~brk in accordance with the.. Contract Documents and fails within a seven-day period after receipt of written notice from the'- Owner to commence and continue correction of such default or neglect with &hgence and: promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies '~5thin a three-day period. If the Contractor within such three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be ~ed dedu~ng from pa;,,'ments then or thereafter due the Contractor the reasonable cost of'~h'ecting ~ch deficiencies, including O~naer's expenses and compensation for the Architect's additional se'rvides made necessary- by such default, neglect or failure. Such action by the (3wrier and amounts charged to the Contractor are both sub ecl to prior approval of the Architect. If paym?ts thereafter due the Contractor are not sufficient to cover such amounts1 the Contractor the difference to the Owner. ~- - ' 7'~,'. ~ ~.~ ARTICLE 3 CONTRACTOR 3.1 GENERAL -'-~-~:~ 3.1.1 The Contractor is the person or entity identified as: to throughout [he Contract Documents as if singular in numben The term ~Contrador~ means the Contractor or the Contractor's authorized representative. '- ;~i: ~- 1.1,2 The Contractor shall perform the Work in accordance with the Contract Documents.. ': 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance ~ with the Contract Documents either by actpnUes or duties of the Architect m the Amhitect s administration of the Contract, or by tests inspections or persons other than the Contractor. ~; ': 3.2 REVIEW OF CONTRACT DOCUMENTS AND IqELD CONDITIONS BY CONTRACTOR 3 2 1 Since the Contract Documents are comp ementarv, before Work, the Contractor shall carefullv stud, y and compare the vanousDrawings and other Contract -~ . ~ _:~- Documents relative to that portion.of__ the Work, as well as the..inf~hhation furnished Owner pursuant to Subparagraph ---.3, shall take field measurem~ 6f tiny existin~ ~ related to that portion of the ~brk and shall observe any conditions at the site affecfi[xg obligations are for the purpose of facilitating constructiot, by the Contractor purpose of discovering errors omissions or inconsistencae~;~tl/e:~,C0ntract however, any errors, inconsistencies or omissions discovered by the Contractor shall be promptly to the Architect as a request for information in such form a~}~.'~ ~rchitect"~nay require, 3.2.2 Ally design errors or omissions no~ed by the Contractor during this ~ew shall be reported promptly to the Architect, but it is recogmzed that the Contractor s rem. ew Is made tn th Contractor's capacity as a contractor and not as a licensed design profess onal unless otlierwme ~ s ecificallv rovided in the Contract Documents The Contractor ~s not requ red to ascertam0m , P , P - . the Contract Documents are n accordance w th applicable laws, statutes, ordinances, o~-um~g codes, and roles and regulations, but any nonconformity discovered by or made~nown~the Contractor shall be reported promptly to the Architect. 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the .~chitect in response to the Contractor's notices or requests for information pursuant to Subparagraphs 3.2. x and 3-'-'-, the Contractor shall make Claims as provided in Subparagraphs 4.3.6 and 4-3.7. If the Contractor fails to perform the obligations of Subparagraphs 3.2.1 and 3.2.2, the Contractor shall pay such costs and damages to the Owner zs would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the Owner or .~chitect for damages resulting f~om errors, inconsistencies or omissions in the Contract Documents or ['or differences between field measurements or conditions and the Contract Documents unless the Contractor recognized such error, inconsistency, omission or difference and knowingly failed to report it to the ,~'chitect.. 3~3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall super~'ise and direct the Vvbrk, using the Contractor's best skill and attention. The Contractor shall be so[ely responsible for and have control over construction means, methods, techniques, sequences .and procedures and for coordinating all portions of the Work.under the Contract, unless the .Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, technique~, sequences or procedures, the Contractor shall evaluate the job~ite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, method& tech~ijques, sequences or procedures. If the Contractor determines that such mearis, methods, ~chniques, sequences or procedures may not be safe, the Contractor shall gE'e timely written notice to the Ch,'ner and .~rchitect and shall not proceed with . that portion of the Work without furthe: '*~tten instructions from the Architect. If the Contractor is then instructed ~o proceed with the required means, methods, techniques, sequences or procedures without accelmnce of changes proposed by the Contractor, the Owner shall be solely re~sponsible for any resulting loss Or damage. 3.3.2 The ContraCtOr shall be responsible to the Owner for acts and omissions of the Con- tractor's employe~s~, Subcontractors and the~agents and employees and other persons or entities performing porti6ns of the Work for or on behalf of the Contractor or any of its Subcontractors. 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery,, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary, or permanent and whether or not incorporated or to be incorporated in the Work. 3.4.2 The Contractor may make substitutions'only with the consent of the Owner, after evaluation by the Axzhitect and in accordance with a Change Order. 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employ~nent of unfit persons or persons not skilled in tasks assigned to them. 3.S WARRANTY - 3.5.1 The Contractor w-anants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the ~,brk will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of th~ntract w~ AIA DOCUMENT A201-lgg7 GENERAL CONDITIONS OF T~E CONTRACT FOR of Archilec~$ 173S New york Avenue, N.W. Washinstor,, D.C. 2(~:X~-5292 Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contracton improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If ~quired by the Architect, the Contractor shall furnish saris facto~ evidence as to the kind and quality of materials and equipment. 3.8 TAXES 3 E I Thc Contractor shall pay sa es, consumer, use and similar taxes for the Work provided the Contractor which are legally enacted when bids are rece red or negotiations concluded whether or not yet effect ye or merely scheduled to go into effect. 3.7 PERMITS, FEES AND NOTICES 3.7.1 1.In]ess otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarilYk*~ared";~:ter execution of the Contract and which are legally required when bids are receiv&:l or negotia/i~ns concluded. --- --~ 3.7.2 The Contractor shall comply with and give notices required by regulations and [awful orders of public authorities ~ 3.7.3 It is not the Contractor's responsibility to ascertain accordance with applicable laws, statutes, ordinances, building codes, ~- However, if fie Contractor observes that portions of the Contract Docum~n~ art therewith, the Contractor shall promptly noti~/ the Architect and ;~0~'. n~ necessary changes shall be accomplished by, appropriate Modification. ':~'r..:. -,'= 3.1,4 If the Contractor performs Work knowing it to be contrar,- to laws. ktatutes, building codes, and roles and regulations without such notice to the ArchitL'ct and Contractor shall assume appropriate responsibility for such Work and shall bear the attributable to correction. 3.8 ALLOWANCEE 3.8.1 The Contractor shall include in the Contract Sum all allowances stat-ed Documents. Items covered by allowances shall be supplied for such amounts and by j or entities as the Owner may direct, but the Contractor sl or entities to whom the Contractor has reasonable objection. '~;% .'~ ~ allowances shall cover the cost to the Contractor of materia s and equipment at the site and all requ red taxes less apphcable trade &scounts; - . .- ~ Contractor's costs for unloading and handling at th~ gte,.labor, mstailauon co~-~? overhead, profit and other expenses contemplated for stated allowance amounts ~1~ .~? be included in the Contract Sum but not tn the allowances; .~ whenever costs are more than or less than allowances, the Contract Sum shall adjusted accordinglv bv Change Orden The amount of the Charge ~ shall refl~ect O) the difference between actual costs and the allowances under Clause 3.8.'-~ and (2) changes in Contractor's costs under Clause 3.8.2.2- ' ' '~ 3,$~t Materials and equipment under an allowance shall be selected by the Own~ in time to avoid delay in the Work. ' - 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor. and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing· Other communications shall be similarly confirmed on written request in each case. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the · entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. 330.2 ..The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Architect. reasonable time to review submitta s 3.to.] ~The Contractor shall perform:tbe _Work in general accordance with the most recent schedules submitted tq thee Owner and Architect. ~.11 .. :. ~DOCU 1'~4 EN TS AND. SAM pLES AT THE SITEr 3,B.1 ,The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, g~denda, C~ange Orders and other Modifications, in good order and marked currently to recon:l ~e!d changes and s~_ .ect~ons made during construction, and one record copy of approved Shop ~_ awings, Product Data, Sampl~ and similar required submittals. These shall be available to the Ab'..hitect :md shall be deliverRd to the Architect for submittal to the Owner upon 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams~ schedules and other data specially prepared for the Work by the Contractor.or a. Subcontractor, Sub-subcontractor, manufacturer, supplier or d~stributor to illustrate some portion of the Work. 3.1~.2 Product Data are illustrations, star~ard schedules, performance charts, instructions, brochutes, diagrams and oth~ information furnished by t.be Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examp!es which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. ~:3.12.4 Shop Drawingsy~Product Data, .,C, amplea,.:m~=~imilar submittals are not Contract Documents. The purpose of their submittal is~to.clemonstrate for those portions of the Work for which submittals ~are ~:equired by' the Contra~ Documents the way by which the Contractor proposes to conform to the information,giv, e.n.~nd the des gn concept expressed in the Contract Documents, Review by the Architect-i$.'sa~bjec~ to the limitations of Subparagraph 4-2.7. Informational submittals upon which the Arr. hlte~ is not expected to take responsive action may be so identified in the Contract Documents, Submittals which are not ~equired by the Contract Documents may be returned by the Architect without action. 3.L~.$ The Contractor shall review for compliance with the Contract Documents, approve and submit to the Architect Shop Drawings, Product Data, Samp[es and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Architect without action, 3.12.6 By approving and submitting Shop Drawings, Product Data. Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. . 1.11.7 The Contractor shall perform no portion o£ the Work for which the Contra~ Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective subm tta has been approved by the Architect. ].~2.~ The Work shall be in accordance with approved submittals except that the Contractor~'~all not be relieved of responsibility for deviations from requirements of the Contract Docum~fits by the Architect's approva of Shop Drawings, Product Data, Samp es or s m lar submRtals unless the Contractor has specifically informed the Architect in writing of such deviation at the tim'~"~' submittal and 0) the Architect has given written approval to the specific deviation ~s a change in the Work, or (2) a Change Order or Construction Change DireCtive has b~en authorizing the deviation. The Contractor shall not be relieved of responsibility omissions in Shop Drawings, Product Data, Samples or similar submittaldby the ~chitect$:~ approval thereof. ".~ ~ ;: ~'-'"~' - ~ 3.12.9 The Co~tractor shall direct specific attention, in writing o~:off:tesul~mi~'~tt6~~Sh__0p Drawings, Produtt Data, Samples or similar submittals, to revisions othetthan those reclu estecl the Architect on previous submittals. In the absence of such written notice th~-Archit~t's' approval of a resubmission shall not apply to such revisions. "': - :"~ 1.t2.10 The Contractor shall not be required to provide professional services Which- constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such seD{ces in order to can7 out the Contractor's responsibilities for construction methods, techniques sequences and procedures The Contractor shal not be required to rofessiona sep:ices m ;qo at on of applicable law, If professional design sermces or certfi~'catmn,a.~.. by a design professional related to systems, materials or equipment are specifically requxLed~of the ~:.- Contractor by the Contract Documents, the Owner and the Architect will speci fy all perfonfi~Tn~e. and design criteria that such services must satisN. The Contractor shall cause such ser~q~:es certifications to be provided by a properly licensed design professional, whose signature'ah~ ~ shall appear on all drawings, calculations, specificat OhS, certifications, Shop Drawings'arid 6ther: submittals prepared by such professional Shop Draw ngs and other submittals related t~ ~e Work desig.ned or certified by such professional, if prepared by-others, shall bear profesiional s written approval when submitted to the Architect. The Owner and the Architest shall be entitled to rely upon the adequacy, accuracy, and completeness of the services. certifications or approvals performed by, such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Subparagraph 3a2.to, the Architect wdl revaew, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed n the Contract Documents, The ContxaL-tor shall not be responsible for the adequacy of the performance or design criteria required by the 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law ordinances, ?ermits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its pans fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partialIy completed construction of the Owner or separate contractors by cutting, patching or othei~'ise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and ' of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Ov.'ner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials ~' rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove fxom and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machineD- and surplus materials. 3.15.2 If the Contractor fails to clean up a~ provided in the Contract Documents, the Owner may do so and the cost thereof shall be cl-,arged to the Contractor. 3.16.1 The Contractor shaU provide the Owner and Architect access to the Work in preparation and progress wherever located. ' ': ; ?: 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the C~,ner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process Or product of a particular manufacturer or manufacturers is required by the Contract Documents or where the copyhght violations are contained in Drawings, Specifications or'other documents prepared by the.,Owner or Architect. However, if the Contractor has reason to bel~ that the r~quired de~i~n;process or product is an infringement of a copyright or a paten(; the Contractor shall I~-r~sponsible for such loss unless such information is promptly furnished to the Architect. -" ~' a.~.l To the fullest extem, permitted by law and t0qhe extent claims, damages, losses or expenses are not covered bY Project Management Protective Liability insurance purchased by, thc Contractor in accordahce with Paragraph n.3, th~ IDontractor shall indemnify and hold harmless the Owner, Architect; Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance ~f the Work, provided that such claim, damage, loss or expense is attributable to bodily iniury, .'sickn~s, disease or death, or to iniury to or destruction of tangible property other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontracton anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in pan by a party indemnified hereunder. Such obligation shall not be AIA DOCUMENT A201-19~17 GENERAL CONDITIONS OF THE CONTRACT FOR construed to negate, abridge, or reduce other rights or obligations o£ indemnity which would otbet~se exist as to a party or person described in this Paragraph 3a8. 3.18.2 In claims against any person or entity indemnified under this Paragraph 3.t8 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Subparagraph 3.tda shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person law0al]y licensed to practice architecture or an entity lawfully practicing architecture identified as such in the Agreement and is referred to throughout the Contract Documents as i£ singular in number. The term "Archltect' means the Archhect o~ the Architect's authorized representative. 4.1.2 Duties, respons bi t es and limitations of authority of the Architect as set forth.in.thk Contract Documents shall not be restricted, modified or extended without written co~sent of the Owner, Contractor and Architect Consent shall not be unreasonably withhgld. -.':~ ..~ ' 4.13 If the employment of the Architect is terminated, the Owner shall employ a ne~'ArcN, tect against whom the Contractor has no reasonable objection and whose status under th~ Contrac~ Documents shall be that of the former Architect. ~ -- -- ~- 4.2 ARCHITECT'S ADMINISTIL~TION OF THE CONTRACT ?.., -{.::~3~_~:, 4.2.1 The Architect will pro~'ide administration of the Contract as described in ~' Cofitract Documents, and '*'ill be an Owner's representative (t) during construction, (2) until final payment is due and (3l with the Owner's concurrence, fi.om time to time during the one-year period fo~' correction of%k)rk described in Paragraph 12.2. The Architect wii1 have authority to act on behalf of the Owner only to the extent pro~4ded in the Contract Documents. unless otherwise modified in writing in accordance with other provisions of the Contract. 4.2.2 The Architect as a representative of the Owner, will visit the site at intervals.appropriate, z..::!.; 7,~. Owner informed bo p g q 'y po ' p () endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine general if the Work is being performed in a manner indicating that the ~brk. when fully completed, will be in accordance with the Contract Documents. However,. the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will neither have control over or charge of, nor be res~n~ib~e fur~ the c~nstructi~n means~ method$~ techniques~ sequencns ~r ~r~cedures~ ~r f~r th~e :~ ~ .?.~ %. safety precautions and programs in connection with the Work,' since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Subparagraph 3.34. 4.2.3 The Architect will not be responsible for the Contractor's failure to perform the %brk in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or emp oyees, or any other persons or enuties performing portions of the Work. 4.2.4 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.S Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review and certi~ the amour~ts due the Contractor and will issue Certificates for Payment in such amounts. 42.6 The A.rcl~itect witl have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers ~t necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Subparagraphs ~3-5.2 and [ -c" .* U.5-3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, ~ Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. 4,2,7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of ched~g loc conformance with information given and the design concept expressed in the Contra~ D ~'Uments.'The ~x:hitect's action will be taken with such reasonable promptness as to causal no delay in the Work or in the activities of the Owner, Contractor or separate contracto~,~while allo~ng suf~,~ient.fime in the Architect's professional judgment to permit adequat~ ~ie~. Review Of such submittals is not conducted for the purpose of determining the accuraor ~nd completeneSS'of 6ther details such as dimensions and quantities, or for substantiating instructions .for installation or performance of equipment or systems all of which remain the responsibility of the Contractor as required by the Contract Documents. The A~chitect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3-3, 3,5 and 3-~- The Architect's review shall not constitute approval of safety' p~cautions or. unles~ othei~vise specifically stated by the Architect, of any construction means. methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.e The .~xchitect will prepare Change Orders and C6nstruction Change Directives, and may authorize minor changes in the Work as provided in paragraph 7.4. 4.~.9 The Architect will conduct'inspections to determine the date or dates of Substantial Completion and the date of final completion,'will receive and forward to the Owner, for the Owner's review and ~;written warranties'and relati~d documents required by the Contract and assembled by the Contractor, and will issue a final Ckrtificate for Payment upon compliance with the requirements of the Contract Documents. - 4.2.10 If the Owner and Architect agx'ee, the-,~rchitect will provide one or more project representatives to assist in carrying out the 'Architect's responsibilities at the site. The duties, respons bilities and imitations of authority, of such project represantatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. i"rl AIA DOCUMENT A2Ot-1997 GENERAL CONDITIONS O~ THE CONTRACT CONSTRUCT[ON 1735 New York Avenue, N.W. Washinstofl, D.C. 2~5252 I'rl The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Architect shall be furnished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to furnish such interpretations until ~5 days after written request is made for them. 4.2,12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable fi.om the Contract Documents and wi be n writing or in the form of drawings. When making such interpretations and initial decisions, the Architect will endeavor to secure faith~l performance by both Owner and Contractor, will not show partiality to either and wall not be I able for results of nterpretat ons or dec sons so rendered n good faith. 4.2A3 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 43.1 Definition. A Claim is a demand or assertion by one of the parties seeking, a~ a matte~.bf right, adjustment or interpretation of Contract terms, payment of money, ext~'nsio~ of timej~ other relief with respect to the terms of the Contract. The term "Claim~ also indudes~otliff. the Contract, Claims must be initiated by written notice. The responsibility to.&ubstanti~t~ C la~'i, shall rest with the party making the Claim. :.L~__ ~*. L~=. -~ 4~.2 Time Limits on Claims. Claims by either party must be occurrence of the event giving rise to such Claim or within a~ days after ~. recognizes the condition giving rise to the Claim, whichever is later. Claims must be initiated by 4.~.~ Continuing Contract Performance. Pending final resolution ora Claim except a~ otherwise agreed in writing or as provided in Subparagraph 9.7a and Article ~, the Contractor shall proceed dfligemly with performance of the Contract and the Owner shall continue to make 4.~.4 Clalm~ for Concealed or U. nknown Conditions. If conditions are encountered at the site ~- which are (~) subsurface or otherwise concealed physical conditions which differ materially, frofi~! those indicated ~n the Contract Documents or (2) unknown physical conditaom of an unusuel nature, which differ materially fi.om those ordinarily found to_e_xist and generally recogn~f~ as inherent in construction activities of the character provided for ~ the Contract Documcot~_ '~th_en not ce by the observing party shall be given to the other party promptly before conditions axe.. disturbed and in no event later than z~ days after first obse~ance of the conditions. The Architect will prompt v investigate such cond t OhS and, f they differ materially and cause an increase or decrease tn the Contractor s cost of, or time required for, performance of any part of the Work, will recommend an e ratable ad)ustment m the Contract Sum or Contract Time, or both. If the~ Architect determinesqthat the conditions at the site are not niaterially different from ~o~e-~:~-' indicated in the Contract Documents and that no change in the terms of the Contract is iustified, the :M'chitect shall so notify the Owner and Contractor in writing, stating the re~.sons C a ms by either party in opposition to such determination must be made within 2~ days after the Architect has given notice of the decision. If the conditions encountered are materially different, the Contract Sum and Contract Time shall be equitably adjusted, but if the Owner and ConU'actor cannot agree on an adjustment in the Contract Sum or Contract Time. the adjustment shall be ,. referred to the Architect for initial determination, subject to further proceedings pursuant Paragraph 4.4- aJ.5 Claims for Additional Cost. If' the Contractor w~shes to make Claim for an increase in the Contract Sum. written notice as provided herein shall be given before proceeding to execute the \%rk. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 1o.6. 4.3.6 If the Contractor believes additional cost is involved for reasons including but not limited to Il) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor -a-as not at fault. (3) a written order for a minor change in the ~brk issued by, the Architect~ (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's-~spension or (7) other reasonable grounds, Claim shall be filed in accordance with this Paragraph 4.3. .4-3.7 CLAIMS FOR ADDITIONAL TIME 4.3.7.1 If' the Contractor wishes to make Claim for an increase in the Contract Time, written notice as pro,nded herein shall be glven:q'he Contractor's Cia m shall include an estimate of cost ~ 'CprobaN "fie ' I 'a~ ~' '"' ' ' ' g d and o. e e c, of de on progress of the Work. In the case of a conUnmn day only one · Claim is necessaFy. ; 43.1~ If adverse Weather.conditions am. the basis for a Claim for additional time, such Claim ii~hall be doct~ .e:fited b~-'~(i~"'sub~{~ing' that weather conditions were abnormal for the period of time, ;-~uld not have b~r~ason~blv anticipated and had an adverse effect on the -<schedul~ constmct~oru ~:~ h~'~-L~ ~_~ :. 4.t.* - In/ury or D~ge to ~n or ~. I£ either party to the Contract suffers injury or damage to personffSr propert'v because 0£ an:act or omission of the other party, or of others for ~'hose acts such l~Tq'js legally respomibli~'{kritten notice of' such n ury or damage, whether or not :nstmed, shal/b~g/ven to the otlle~ p~ ~ a reasonable t~me not exceeding, days after discovery. The notate shifll provid~:DSfllciefit ~ to enable the other party to nvestigate the 4.a.~ If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally:cOntemplated ai'~.materiallv, changed in a proposed Change Order or Conslmction Change Directive so thi~. application of such unit prices to quantities of Work proposed, will caUSe ii~bstantiaHn~qui{jr' to'the. Owner or Contractor, the applicable unit prices ~: shall be'~quit ably -adjUZtedO for, Co~scque.nt~l D~g~..':.The Contractor and Owner waive Claims against each 6ther for consequential dameges akising out of or relating to this Contract. This mutua waiver includes: ~"'..*' ';~; :.' J damages in~ by the Owner for rental expenses, for losses of use, income, profit, :- financing/businiiisTi-nd 'reliSatation~ ahd- for loss of management or employee · productivity or 8f th~ KarVice's of' ~ch Fersons; and .2 damages m~ 6y: the Contxactor;fo~spr~..c pa office expenses including the compensati, gn.ofpersonnel staU0n~ there, for losses of financing, bus,ness and re~.u- tation,'imd'foi ~ss of profit excep~t '~l~at~d profit arising directly from the Wor This mutual waiver is applicable, without limitation, to all consequential damages due to either party's terminition in accordance with'~-'$¢. Nothing contained in this Subparagraph 4.3ao shall be deemed tO preclud~ an 'inee~'~dated dtrect damages, when applicable, in accordance with the i:equirements of {h~'CS~tri~:lSocuments. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 Decision of Archil~;C]alrn.%'_ inc ud ng those alleging an error or omission by the 3~.hit&ct but excluding tholing-under Paragraphs ~o,3 through to.5, shall be re£erred initially to the Architect for decision. An initial decision by the Architect shall be re~luired as a I'll condition precedent to mediation, arbitration or litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Architect with no dec sion having been rendered by the Architect. The ArchiteO. will not decide disputes between the Contractor and persons or endties other than the Owner. 4,4.1 The Architect will re,-iew Claims and w th n ten days of the receipt of the Claim take one or more of the following act ons (t) request additional supporting data from the claimant or a response with supporting data from the other party, (z)relect the Claim m whole °r m part, (3). approve the Claim, (4) suggest a comprom se or (5) edvise the parties that the Architect is unable to resolve the Claim if the Architect lacks sufficient information to evaluate the merits of the ~ Claim or if the Architect concludes that, in the Architect's sole discretion, it would be inappropriate for the Architect to resolve the Claim. 4.4.3 In eva uating Claims, the Architect may, but shall not be obligated to, consult with or ~eek information from either party or from persons with special knowledge or expe~ who_,~ay assist the Architect in rendering a decision. The Architect may request the Owner to authorize retention of such persons at the Owner's expense. ~ ~:. 4.4.4 I f the :krchitect requests a party to provide a resp°nse to a Claim °r.t° . ~M37fis13..a, ddi-fi-,,°-~-~i& su ortin data such party shall respond, within ten days after receipt of su;th PP g · , . . . ~ .: . - either rmide a res nse on the re uested supporting data advase the. Architect when..tIie,~,;~ response or supporting data will be furnished or advise the ArcNtect that no supporting ~ta be furnished Upon receipt of the response or supporting data, if any, the reject or approve the Clmm m whole or m part. ,&.~,~.r ~ 4.4.$ The Architect will approve or rejec~ Claims by written dec~szon, ~h s..hall?a~ th~ sons therefor and which shall notify the parties of any change in the Con~t Sum Time or both. The approval or rejection of a Claim by the Architect shall be'~inai a~d bi~din~ the parties but subject to mediation and arbitration. 7' ::' ': 5~x -4 When a ~witten dec s on of the Arch tect states that ~ the decmon ~s final but subject to.. mediation and arb tration and 2) a demand for arNtrat on of a Cia m covered b,~ such decastqn must be made within 30 days after the date on which the party making the~&m.ax~t, receives final written dec, ision, then failure to demand arbitration within said 3o days~pefiod.shall in the Architect s decision becoming final and binding upon the Owner and ContrZa&~i~'If t Architect renders a decision after arbitration proceedings have been initiated, be entered as evidence, but shall not supersede arbitration ~gs unless the~{g~ acceptable to all parties concerned. ~:~?~ .~'c : '¥7~5;7 4.4.1 Upon receipt of a Claim against the Contractor or at any time thereafter, the Archit~4. Or the Owner may,, but is not ob gated to notify the surety if any, of the nature., and. amount of ~e C aim If the C aim re ares to a possibility of a Contractor's defa,~t~,flae.,.ArcNtect or the may,, but s not obhgated to, not~ fy the surety and request the su~4.~'s,, c~ asa~tance, g m resolvmg:,the__ =.3.%V 4.4.8 If a Claim relates to or is the subject of a mechanic's lien, the party a&serting such Claim may proceed in accordance with applicable l~w to comply with the lien notice or filing deadlifi~s prior to resolution of the Claim by the Architect, by mediation or by arbitration. 4.5.1 Any Claim arising out of or related to the Contract, except Claims relating to aesthetic effect and except those waived as provided for in Subparagraphs 4.3.m, 9ao.4 and 9ao.5 sKall, after Mchitect, be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party 4.5.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for media'tion shall be filed in writing with the other party to the Contract a'nd with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be staved pending mediation for a period of 6o days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. .4.53 The parties'ih-all share the mediator's fee and any filing fees equally. The mediation shall be held in the place-where the Project is located, unless another location is mutual v agreed upon. Agr4emants reached in mediation shall-be enforceable as settlement agreement~ in any court having jurisdiction thereof '- 4.$.1 Any Claim*arisin~ m/t'of or/~d to the Contract, except Claims relating to aesthetic effect and ex&pt those ~ ~ pr6~id~-foFm Subparagraphs 4.3.1o, 9.1o.4 and 9- o 5, sha, after decision by the Arch ted b3-' da" · 3o ys afli-~ sub"~mlssxon of the Clmm to the Mch~tect, be sublect to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by reed etlon in accordance with the ~;~6ns 4,~,2 - Clmms no~ N/mU-~hauon'~be dec~ded by arbitration which, unless the pa?ties _ mutually agree othenmse, shall be hi~ci:~i~affee with the Construction Industry Arbitration ' Rules Of ihe ~ v,-.,.~- · American ai'biffa~.ion~ha~o~tioi~urrentlv in effect. The demand for arbitration shill be filed m writing with the bther p' ~.a~ff~t'i~ae Contract and with the American Arbitration Assocmtmn, and a cov? [hsfill b~ fil~ Mth~'ie ~i;chitect · - 4.$3 A demand for arbitration shall be);n~e within the time limits specified in Subparagraphs 4-4-6 and 4.6a as applicable, and in other cases within ~ reasonable time after the Claim has arisen, and in no event shal[it be made after theS[~.e%;hen institution of legal or equitable proceedings based on such Clalrfi 'iko~d be bar/ed ,~{~3 applicable statute of limitations as determined pursuant to Paragraph'~7.TM 4.5.4 . . . --. ....... c~ Lnmtation on Consohd~t~on or Iomder. No arNtration arising out of or relating to the Contract shall include~ by e6~blid~tigii'6i: joindei 15fi~'i~ny other manner, the Architect, the hitect s employees)[,~st~Itan~s, except by ~.w~tlen consent contamng specific reference to the Agreement and siO~'~'th~'~reint~t, O~7~h~i'; C6htractor and any other person or entity sought to be joined. N'b"albiii-dfloff i]iall ifiE!ude, by consolidation or joinder or in any other <:~.: ~.a~n_ e~ p~arties o~,.er~. ~h~'(5~g~, ConS~s~?~aurate contractor as described in Article 6 and other pmons'~ultUy invol~ed in a ~6~.q~estion of faa or law whose presence is ~-~luired if complete ~r~,.'~ i.~ to be aer. ora~ed:ifi'a~[~h'tr~ion. No person or entity other than the Owner. Contractor or a separate contractor as'described in Article 6 shall be included as an ong~na th rd party or add~0.ona third p~lo an arb~traUon whose interest or responsibility is insubstantial. Consenl ............ * '-" · · to asb~trat~on mvol~ ~ uddmonal person or entxtv she not constttute consent to arbitration of a Claim not described-theretn or with a person or entity not named or deacribed therein. The foregoing agreement to arbitrate and =ther agreemems tn arbitrate with an additional person or entity duly-cbksented to by parties to the Agreement shall be specifically ~nfo~able under applic~le~la~'ifi ~ court having ;urisdiction thereof. OF THE CONTRACT FOR CONSTRUCTION 1735 New York Avent~. 4.6.5 Clans and Timely Assertion of Claims. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. /dA DOCUMENT AlOl-l~B7 G£NERAL CONDITIONS O~ TH~ CONTRACT FO~ of Architects 1735 New Yor~ Avenue, N.W. Washinsi'on, D.C. 200~5292 4.6.6 ludgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor' is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "$ubeontractor' does not inclu& a sep~ate contractor or subcontractors of a separate contractor. ;. ~.c. ~-~ 5.1.2 A Sub-subcontractor is a person or entity who has a direct or ndire~_c.~.n~.tract Subcontractor to perform a portion of the ~brk at the site. The referred to throughout the Contract Documents as if singular in Sub-subcontractor or an authorized representative of the Sub-subcontracto~ 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS O! 5.2.1 Unless otherwise stated in the Contract Documents or the bidding Contractor, ~ soon as practicable after award o£ the Contract, shall Owner through the Architect the names of persons or entrees materials or equipment fabricated to a: Work. The Architect will promptly reply to Owner or the Architect, after due im,estigation, has reasonable objectionAq~' .a:uy; person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of n~' reasonable obiection. 5.2.2 The Contractor shall not contract with a proposed person or entit~.{c. -. or Archltect has made reasonable contract ~,4th anyone to whom the Contractor has made reasonable objectionS: ' 5.2.3 If the Owner or Architect has reasonable objection to a Contractor, the Contractor shall propose ;mother to Owner or reasonable ob ection If the proposed but rejected Subcontractor was reasonably capable the Work the Contract Sum and Contract Time shall be increased or decxe, a.~ ~_.,b~. performing e f any occasioned b such chan~e, and an appropriate C~e Order ~hall-I~ ~e~l'Ti~: thfferenc Y ~ ~ ~,-',- before commencement of the substitute Subcontractor s Work..H.o~w?~erz no mcreas~m th.e~.~ Contract Sum or Contract T me shall be ~llowed f°r such change unles~the C°ntract°r has ac~,aF~-t~l;'-~'~~~,~...~;~,,~: · · ~-- ~_. ~ ~'~ rom tlyandresponsvey nsubrmtungnamesasrequ~red. ~27~-* ~ -.::' -, '~:5~/e~'~%"~' 5 2 4 The Contractor shall not chan~e a Subcontractor, person or entity previ~o~f~y,selected if the '~? Owner or Architect ma~es reasonable objection to such substitute. ;: . ~' :'-, 5 ~ 1 By a ro riate a~reement, written where legally required for validity, the Contract~h~.a]~l~ ~ bound to the Contractor by terms of the Contract Documents, and to assmn~ t~tfie Contractor all the obllgatiods and responsibilities, including the responsibility for safet~"~f the Subcontrac:or's 5~,brk, which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preser~-e and protect the rights of the Owner and ?a'chitect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not preiudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, pr/or to the execution of the subcontract agree- ment, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. . Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 5.4 . CONTINGENT ASSIGNMENT OF SUBCONTRACTS $.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner proxSded that: .t assigm, nent is effective on]y. aft~ termination of the Contract by the Owner for cause pursuant to Paragraph t4.2 and only for those subcontract agreements which the Owner accepts_by notifying the Subcontrac~or and Contractor in writing; and a assignment is subject..toLthe p~_o~&Tights of the surety, if any, obligated under bond relating to the Contract. . : $.4.2.~.Llpon such'jassignm~ra,:if the:Work-has been suspended for more than 3o days, the Subcontractor's co_mpensation shall be equitably, adjusted for increases in cost resulting from the suspension. :~;' 'Cz ' with the Owner's ~ forces, and to a~'ard. ~pgrate contracts in connection with other portions of thh. Project or. gth~ ~:onstruction~r.~'.p~[i~>ns on the site under Conditions of the Contract identical or substantially similar to these, including those portions related to insurance and waive/6£ subrogation. If the Cofi(r ~'~t~ ~ia]ms that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Paragraph 4.3. ~.1.~ When separat~ dontracts are awarded for different portions of the Project or other 6.L3 The Ownei'ahall provide for coordinatiortofth~activities of the Owner's own forces and of each separate co~.~'actor: with the Work of the Contractor. who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule deemed nec~rlr.~'~v' a ioint review and mutual agreement. The construction schedules shall then cfnstitute the~hedules to be used by the Contractor, separate 6.1.4 Unless otherwise provided i~ 4he Contract Documents, when the Owner performs constructmn or operations related to th& Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION of Archilects 1735 New York A~enue, N.W. Washinston, D.C. 2000~-5292 of Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles m, zz and 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage o£ their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractors Work depends for proper executzon or results upon- proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or detects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the O~mer's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to'~defects nofthen reasonably discoverable, s : : . 6.2.1 The Owner shall be reimbursed by the Contractor for costs incurred by:the are payable to a separate contractor because of delays, improperly timed ,aCtivities 0i construction of the Contractor. The Owner shall be responsible to the ContractSr::for incurred by the ~ 6.2.4 The C'~ntractor shall promptly remedy damage wrongfully caused completed or partiaLly completed construction or to property of the contractors as provided in Subparagraph ]0.2.5. t-.~z, :~ . 6.2.5 The Owner and each separate contractor shall have the same resl:~il~.ties f.9r and patching as are described for the Contractor zn Subparagraph 3. 4. ,- 6.t.1 If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contract~ ..... free from waste materials and rubbish, the Owner may clean Ul; 7.1.! Changes in the Work may be accomplished a£ter execution o£ th~ Contract, and without nYa idat ng the Contract by Change Order, Construct on Change Db:ect.iYe or order for ~ changc m the ~rk~ suh ect t~ the hm~tat]~ns stated m this A~m[~ 7~ am1**~Lsew~ere m th~ C~n `tr`a?~?/~ `~ ` 7.1.2 A Change Order shaLl be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work maybe, issued by the Architect alone. ~" ' 7.1.3 Changes in the Work shaLl be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the~i~e Order, Construction Change Dkective or order for a minor change in the Work. ..... 7.2 CHANGE ORDERS 7.2.1 ,4 Change Order is a written insmament prepared by the Architect and signed by the Owner, Contractor and Architect. stating their agreement upon all of the following: .~ change in the Work; · : the amount of the adjustment, if any, in the Contract SUm; and t the ement of the adjustment, if any, th the Contract Time. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7-3-3- 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.a.1 - A Construction Change Directive is a written order prepared by the Architect and s gned by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time or both. The Owner may by Construction Change Dirt,'ctive, without invalidating the Contract, order changes in the Work within the general scope of the Contract~:onsisting of additin'nsTdeletions or other revisions, the Contract Sum and Contract Time b~ing adjusted accordingly.: 73.2 A ConStruction Change Directive shall be used in the absence of total agreement on the terms ora ChangffOrder. 73.3; '. If the Constructmin.Change _Dir~tive provides for an adjust ment to the Contract Sum, the adjUStment shall be ~ on one ~f th~ foll~g methods: ;..! mutual ~cceptance of a lump sum properly itemized and supported by sufficient :-'a' unit E'~es ~t;,ted in the Coltl-a~ DoCUments or subsequently agreed upon; .~ cost to 1:~ ~etermmed ma. manner agreed upon by the parhes and a mutually acceptable fixed or percentage fee; or .~ as pr0~{ded in Subpar~braph 7.3.4 Upon receipt of a Construction Change Directive, the Contraaor shall promptly proceed with the change in ~he Work involved and advise the Architect of the Contractor's agreement or disagreement ,,~Sth. the method, if any, provided in the Construction Change Directive for determining the pr°po~ed adjustment in the Contract Sum or Contract Time. 75.5 -A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor thereWith, including adjustment in Contract Sum and Contract Time or the method for determining them. Su~ agreem .ei~t shall be e ffecti~..immediately and shall be recorded as a Change Order. ...... . : :: :,.:~.. 7_t.~ .: If the Contractor d .~o~s not respond pr?mFtlr or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Architect on the bazis of rea.tonab!e, ,~t~ures and savings of tho~ pe~rforming the Work attributable to the :change, including,'ii~ ~ an increase in the Contract Sum, a reasonable allowance for overhead and profit In such ci~ ~ also uqde~ Clause 7.3-3.~:the Contractor shall keep and present, in such form as the Architect may presctibe~ an itemized accounting together with appropriate supporting data. Llrdass otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .* costs of labor, including social security, o'ld age and unemployment insurance, fringe benefits required by agreement or custom, and workers compensation 'nsurance · .2 costs of materials, supplles'and equipment, including cost of transportation, whether incorporated or consumed; :~ .~ rental costs of machinery'and equipment, exclusive of hand tools, whether rented fi-om m GENERAL CONDITION5 OF THE CONTRACT FOR CONSTRUCTION Washington, D.C. 20006-S292 i costs of premiums for all bonds and insurance, permit fees. and sales, use or similar taxes related to the Work; and additional costs of supervision and field office personnel directly attributable to the change. 7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. ~en both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of increase, if any, with respect to that change. ~'5~.~ 7~,8 Pending final determination of the total cost of a Construction Change Directive to the Owner, mounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties' agreement with part or all of such costs. For any portion of such cost that remains in dispute, the Architebl,will make an interim determination for purposes of monthly certification for payment for.thO~ costs..~at determination of cost shall adjust the Contract Sum on the same basis as a Ch~hg~ to the right of either party to disagree and assert a claim in accordance with Aktide 4- 7.3.~When the O~mer and Contractor agree with the concerning the adjustments in the Contract Sum and Contract agreement upon the adjustments, such agreement shall be effective imm~_.e~i~'?el)_~d~. recorded by preparation and execution of an appropriate Change Order. ~{~ of the Contract Decuments. Such on the Owner and Contractor. The Contractor shall carry out such wntten-oiders ~1.1.1 Unless otherwise provided, Contract Time is the period of tim~7'h~duding adiustments, allotted in the Contract Documents for Substantial Completion of the Work:~ 8.1,2 The date of commencement of the Work is the date established I1.1.1 The date of Substantial Completion is the date certifi~l by with Paragraph 9.8. ~ ~ *.1.~ The term "day" as used in the Contract Documents shall i'h-ean otherwise specifically defined. . ~'7"~ .." 8.2 ' PROGRESS AND COMPLETION 8.2.1 Time limits stated in the Contract Documents are o executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. .,e:~,~.: ~!,'"- 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operauons on the s~te or elsewhere prior to the effec?~ insurance required by Article n to be furnished by the Contractor and Owner. Th$1~. ~<e..[' commencement of the Work sba 1 not be changed by the effective date of such inSurans~.~...t~ss the date of commencement is established by the Contract Documents or a noUce to ptoci~l given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mo/gages, mechanic's liens and other security interests. 8.:2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3,1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either or of a sepaxate contractor employed by the Owfier, or by changes ordered n the Work, or by labor disputes, fire, unusual delay in deliveries '~navoidable casualties or other causes bevond the Contractor's control or by delay authorized by the Owner pending mediation and arbitration, or by other causes which the Architect determifi~s may justify de ay then the Contract Time shall be extended by Change Order for such reasonable time as the Archite~.'may determine. &3.2 Claims relating to de shall' [~e~:made in accordance with applicable prox4sions of Paragraph 4.3- 8.3.3 Th~s Paragraph 8.3 does not p?e~lude recovery, of damages for delay by either party under other provisions.of the Col~tt!fi~ct Docia~nl~" 9.1.1 The Contra~Sum is stated in the Agreement and, including authorized ad ustments, is the total amount payab!~'by' I~'~Dwne~-'~.g~the~ C~l~-actor for performance of the Work under the 3.2.1 Before the first Application ['or Payment, the Contractor shall submit to the Architect a schedule of values~.al~0cated to various po_~ons of the Work, prepared in such form and supported by such.data 5o..subs..t~n, tiat~e..its ~acy as the Architect may require. This schedule, unless obiected to by ~e Architect sh_alI_be used as a basis for rex4ewing Uhe Contractor's Applic~igns for P ~ays~_.en~... :~: 9.3~ APPLICAT10NS FOR PAYMENT 4,: '. ?: · : At least ten days_b~(~o.~ the date estabhsh~ ~o~r ~ach progress payment, the Contractor shall submit to the ~t~Et.:ai~ itemized Appll..c:a~ .tio~n~fq~' Paymant for operations completed in accordance with the schedule of valu% Such application shall be notarized, if required, and supported by such data substantiating the Contractor's r~ght to payment as the Owner or Architect may requlre~ such as copies of requisRignS fix:~n Subcontractors and material suppliers, and reflecting retalna~eljf ~?6ded for in 9 :t.l.1 AS provided in Subparagraph 7.3.8, such applications may inchide requests for payment on account of changes in the Wo_rk which h ~;be.en properly authorized by Construction Change Directives, or by interim detenmination~ 9t~,tb~...~4..~ch. itect, but not yet included in Change Orders. :.~::rtr ~3.1.2 Such applications may.pot include requests for payment for Po~ons of the Work for which the Contractor does no~ Lntend to pay to a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. 173S New Yor~ Avenue. N.W. Washinsto~, D.C. 20006-5292 I 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon com- pliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encum- brances in favor of the Contractor, Subcontractors, material suppliers, or other p~s~hs or eni~ties making a claim by, reason of having provided labor, materials and equipment relating~ to the~W.~ o~rk..~ 9.4 CERTIFICATES FOR PAYMENT :~ ~ ~ 9.4.1 The Architect will within seven days after rece pt of the Contrac:tor'~ Applicat(onj~3 Payment, either issue to the Owner a Certificate for Payment, with a copy to th8 Contrac[~f;'f~7 such amount as the Architect determines is properly due, or not fy the ConL4ctor andOwfi~r'in~ x~ ntmg of the Architect s reasons for ',.qthholdmg certification m whole or m part as pro~ded m Subparagraphg. sa. '-i .... i:'~---'~' ' {}.4.2 The ~s ~uance of a Certificate for Payment will constitute a representation'by the Architect to the Owner, based on the Architect s evaluatmn of the Work and the data compnsme the Apphcauon for Payment, that the Work has progressed to the point ~n&cated and that, to the of the Architect's knowledge, in formation and belief, the qualiiy of the work i~ {n accofdan~:e ,~tl~ ~q~ the Contract Documents. The foregoing representations are subject to an evaluation of the for conformance with the Contract Documents upon Substantial Completion,'to results: of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuafice Certificate for Payment will f~rther constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will a representation that the Architect has (1) made exhaustive or conttnuous on-site lnspeclaons to check the quality or quantity of the Work, (2) reviewed construction means, rneth ods, techni~tu es, · equences or procedures, (3) re',qewed copies of reqmsmons received from Subcontractom'and material suppliers and other data requested by the Owner to sul~kt~ntiate the contractor's fi'g~ to payment, or (4) made exam nat on to ascertain how or for what p~ the Contractor has used money previously paid on account of the Contract Sum. ' .... ~.$.1 The Architect may withhold a Certificate for Payment in'whble or in pan, to the entrant Owner required by Subparagraph ~.4.2 cannot be made. If the Architect is tmable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner. as provided in Subparagraph 9.4a. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificite for Payment or, because of subsequent v discovered evidence, may nulli~ the whole or a pa~ of a Certificate for Payment previously issued, to such ex'lent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Subparagraph 3.3.2, because of.' .t defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable flling of such claims unless security acceptab e to the Owner is provided by the Contractor;, 2 failure of the Contractor to make payments properly to Subcontractors or for labor. materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; 3 damage to the Owner or another contractor; .s reasonable exSdence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages ' for the anticipated delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents. 9.$.2 When the above reasons for withholding certification are removed, certification will be rna& for amounts previously withhelddr :r- ~; 9.6 ~: ~ PROGRESS PAYM Elql'S ~::~, ,~: ~ S.$.1' After the A~chitect has issued a Cafftificate for Payment, the Owner shall make pawment in the manner and withi~ the time provided in the Contract Documents, and shall so notify the 9.S.2 .~;,Tbe Contraeior shalI promptly P~Y~;:hSubeontractor, upon receipt of payment from the Ov~er;.out of.the-amou,~t:paid to' th~&2ontractor on account of such 5ubcontractor's ., portion of the World,. the amoUnt to which g~id Subcontractor is entitled, reflecting percentages :,~tually i'et ained fi0m payments to the Coi~t tact&- on account of such Subeontractor's portion o f the Work. The C~htractor shall, by apprbpriat~ a~reement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. 9.63 The Architect will, on request, furnish Lo a Subcontractor, if practicable, information regarding percentages of completion or amoUnts applied for by the Contractor and action taken thereon by the Architect and Owner:on. account of portions of the Work done by such 9.~.4 - Neither the Owner nor ArchitecLshall have an obligation to pay or to see to the pa~"ment of moui'y to a Subcontractor except as may otherwise be requ red by law. 9.6.9 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs g.6.a, 9.6.3 aJnd g.6.4. ' 7' z-'. v. 9.~.~ - A Certific~.e for Paymant, a progress payment, or partial or entire use or occupancy, of the :- Project by the Owner shall not constitute acceptanci'of. ~Work not in accordance with the Contract 9,6.? Llnless the Contractor provides the Owner with a payment bond in the fi~ll penal sum of the Contract Sum, payments receiyed by;the Contractor for Work properly performed by Subcontractors ~ suppliers shall-be held b)c the Contractor for those Subcontractors or © ~ ~ ~ ^~^ ® suppliers who performed Work or ~rnisb~d materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require os T~I[ coslr~^cr ro~ shall create any fiduc ay/liability~or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach .... 9.7.1 If the Architect does not issue a Certificate for Payment, through no faull of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect or awarded by arbitration, then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be ex-tended appropri- ate,y and the Contract sba" incre the amount of the Contra or's re onab,e costs of shut-down delay and start-up, plus interest as provided for in the Contract Documents."c:~<~'¥ 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. 8.8.2 When the Contractor considers that the Work, or a portion thereof w~fich the ~¢r agrees to accept separate]y, is substantially complete, the Contractor shall prepare and submit'to thc Architect a comprehensive list of items to he completed or corrected prior t0 fire31 Paflure to include an item on such list does not alter the responsihilit~ complete aU Work th accordance with the Contract Documents. 9.8.3 Upon receipt of the Contractor's list, the Architect will make whether the Work or designated portion thereof is substantially complete inspection discloses any item, whether or not included on the Contrac{~.r,'s ~ sufficiently comPlete ~n accordance w~th the Contract Documents so that the Owner can ooc~ or utilize the Work or designated portion thereof for its intended use, issuance of the Certificate of Substantial Completion, complete or . notification by the Arctfitect. In such case, the Contractor shall then submi! _ inspection by the Architect to determine Substantial Completion. ':: ' .; .......... '~'= ~ 9.8.4 ~'hen the Work or designated portion thereof is substantially complete; the A~hiteel ~ill prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion shall establish responsibilities of the Owner and Cohtxactor for ~ecuri¥~,,' maintenance, heat, ut t es, damage to the Work and insurance and sha I fix the tmae which the Contractor shall finish all items on the list accompanyang the reqmred bv the Contract Documents shall commence on the date of SubstanL~al Complctmn o~ the ~ork or des gnated port on thereof unless otber'ao, se provided m the CerD. ficate of Su~tlal Completion. : :-; : 9.8.8 The Certificate of Substantial Competton shall be submitted to the Owner:and ¥ Contractor for their wr tten acceptance of responsibilities ass gned to them in such Certificate?:' Upon such acceptance and consent of surety, f any the Owner shall make payment of retainkge applu, ng to such Work or designated porUon thereof. Such paymemmt shaU be adlusted for that is'incomplete or not in accordance with the requirements of ~(Cofih'act 8.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement'with the. Contractor, provided such occupancy or use s consented to by the insurer as required under Clause ~t4a.5 agd' authorized by public authorities having jurisdiction over the Work Such part al occupancy or'use :' may commence whether or not the portion is substantially complete, provided the Ovmefa~d' Contractor have accepted in writing the responsibilities assigned to each of them for pay~.?n , retainage, if any, security, maintenance, heat, utilities, damage to the Work and insuritnce, and WAI~Z4ING: UnGCeflsed ~.L.;'"-~p'fln~ v~m~lal~S U& ~uyl'~'m, {aws ,r~J vd, sub}ec~ ~ vIo{~loc to {~1 {~ms~cmlofl. have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. x,~,~.en the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy, or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9.9.'~ Immediately prior to such partial occupancy or use the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the \%rk to be used in order to determine and record the condition of the ~%rk. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not consutute acceptance of Work not complying with the requirements of the Cohtract Documents. 9.10 fiNAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt~of a final~l~plica~qfi~for Pa.wnent, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fi. db/performed, the Architect will promptly issue a ~'~ai Certificate for Payment starling that to be best of the Architect's knowledge information and belief, and on the basis of the Architect's on-site visits and in~spections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the enth'e balance found to be due the Contractgr and n&ed'~'{h~ final t~ertific~t'~ ~ due and payable. The Architect's fina Cert'ficate for Payment ~411 qonstitute ~; further repre~hta~qon that conditions listed in Subparagraph 9.1o.2 as precedent to the'Contractor's being entitled~to final payment have been fulfilled. 5.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (x) an affidavit mat payro~s, bills for materials and eqmpment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by C~'ner) have been paid or other,vise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effea and will not be canceled or allowed to expire until at least 30 days' prior wnuen notice has been given to ~e Owner, (3) a written statement that th~ Cofftra~tor knows of no substantial reason that the insurance will not berene~abletoc~ihe~period~r&lb~the Contract D~uments,(4 consent of surety if any to final payment and (5), ff-reqmr;ed In- the Owaer. other data estab~shing pa~,"rnent or satisfaction of obligations, such as receipts, relea.~e~ arid ~alvers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the O~mer. If a Subcontractor refuses to furnish a release or waiver required by the Owner~ the Contrafior may"fui'fiish' ~ bond 'satis~o~y to the Owner to indemnify the Owner against such lien. If hi~]~ hen remains unsalasfied after payments axe made, the Contractor sha refund to the Owr~er'a~l., ~qn_~ that ~.e~ Owne~ ~ay.be compeUed to pay in discharging such lien, including all c~ts and reasonable atto/'neys' fe~s. 5.t03 If. after Substantial Completion of)h_e~W~p.rkt final completion thereof is materially delayed through no fault of the Contractor or by iss~.. ~ of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application b?- the Contractor and certifi- cation by the Architect, and ~yithout ,terminating the Contract, make payment of the balance due for that portion of the Work fully complected and accepted, If the remaining balance for Work not fully completed or corrected is less ~ retainage stipulated in the Contract Documents, and if bonds ha·'e be-no furnished the written consent of surety to payment of the balance due for that ;o-2- AIA DOCUMENT A2054997 GEN[RAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 173S New York Avenue, N.W. Washinston, D.C. 20006-5292 portion of the Work flatly completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: a liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; a failure of the Work to comply with the requirements of the Contract Documents; or .~ terms of special warranties required by the Contract Documents. 9.10.5 Acceptance of final pa,vment bv the Contractor a Subeontractor or material suppl er shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS ~ ? 10,1.1 The Contractor shall be responsible for initiating, mainta~mng and sudsing all safety precautions and programs m connection w~th the performance of the Contract. lo.~.1 The Contractor shall take reasonable precautions for safety OC- and sh..a~I~Tprov~d~ .1 employees on the Work and other persons who ma~ a the Work and materials and equipment to on or ~ff the site, under care, custody or control c Subcontractors or Sub-subcontractors; and ~"'~ ~ ' .~ other property at the site or adjacent thereto, such as trees, ~hr4abs, lawns~ pavements, roadways, structures and utilities not designated for h~rnoval, reloc-atio~n Or lo.2.2 The Contractor shall give notices and comply with applicable ~aWs, ordinan~ regulations and lawful orders of public authorities bearing on safety of p~.~som:~r pr6perty or :c~ 10.2.3 The Contractor sha erect and ma nta n as reqmred by ex~s~g~.co~nd performance of the Contract, reasonable safeguards for safety ~a~_~d protecuon2 mc~u.di35,~ g po~ng danger signs and other warnings against hazards, promulgatmg ~y regulah0m anal,notifying_ 0 2 4 When use or storage of explosives or other hazardous materifil's &'equipment ~r/inu~hal methods are necessary for execution of the Work, the Contractor sha]l exercise utmost care and carry on such acti~ques under superv~sion of properly qual! fled ~nnek~ ~o.2.~ The Contractor shall promptly remedy damage and loss (bther than damage or~l. oss.;-~ nsured under property insurance required by the Contract Documents) to property referred to in Clauses lo.aa.2 and 1o.2.1.3 caL~ed in whole or in part by the Contractor~ a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, O~ by anyo6~ for whose acts they may be liable and for which the Contractor is respons~Ie under Clauses 1o.2a.2 and lo.~-~.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly emp oyed by either of them, or by anyone for whose acts ei~dr of them may be liable, and not attributable to the fault or negligence of the foregoing obligations of the Contractor are in addition to the Contractor's ob ~gat~ons under Paragraph 3-18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site ~hose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and .~rchitect. 10.2.7 The Contractor shall not load or permit any part of the construct on or site to be loaded so as to endanger its safety. }0:1 HAZARDOUS MATERIALS 103.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a mater/al or substance, including but not limited to asbestos or polych]ofinated biphenyl / PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect ~n writing. 10.3.2 The Owner shall obtain the services of a licensed laboratory, to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be Present, to verify that it has been rendered harmless. Unless otherwise required by the Contract DocumentS, the Owner shall furnish in writing to the Contractor and : Architect the nan!.es and ~ .~.'ficati°ns Of pe/~ons or entities who are to perform tests verifying the presence or absence of s~ch material or substance or who are to perform the task of removal · or safe containment of such material or subetance. The Contractor and the Architect will ' ! ? pro~l~l~ reply to the Owner ia writing stating whether or not either has reasonable objection to ~- the p~'so~ ns or entities proposed by. the Owner. If either the Contractor or Architect has an objection to a persian 6r efitity proposed by ~ Owner, the Owner shall propose another to whom the Contractor arid._the Arc~fitect have no reasonable objection. When the material or substance has bee~ rendered ~less-Work in the affected area shall resume upon written agreement of the Owner find Contractbr. The Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amoUnt of the Contractor's reasonable additional costs of shut-down. delay and start-up, which adjustments shall-be accomplished as provided in Article 7- 1023 To the ful]es~ extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, .M'chitect, :~:hitect's consultants ~nd agents and employees of any of them from and against claims, 'damages, l°sses. and expenses, i~cluding but not limited to attor- ne'/s' fees, arising out 9f or resulting fi'om performance of the Work in the affected area if in fact the material or substance presents ~he risk of bodily injury, or de~ ~.h as described in Subparagraph · ' ~o.3a and has not been zy-ndered hanmle~ pi'ovided that such claim, damage, loss or expense is attributable to bodily, ' ' ~:' ' ' ' ' mlury;,~sickness, disease or death, or to mlurT to or destrucuon of tangible property (other than the Worl~ itself) and provided that such damage, loss or expense is not due -~ to the so e neghgence 9f a party seeking indemnity. ~o.4 The Owner shall noVbe'responsible under Paragraph to.3 for materials and substances brought to the site by'th~ Contractor unless such materials or substances were required by the Contract Documen{S, ~.~ ~O.S If, without negligence on the part Of the Contractor, the Contractor is held liable for the cost of remediation~of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. ~- *-~: 10.6 EMrRG£NCIE$ ~: -r . '* ~0~.! An an cmergan~ affecting saf~y of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injuD' or loss. Additional compensation or m .'MA IX)CUMENT A201-$997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION of Architects ! 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 extension of time claimed by the Contractor on account of an emergenu,'y shall be determined as provided in Paragraph 4-3 and .~'ticle 7. AIA DOCUMENT A201-19~7 GENERAl. CONDITIONS 1735 N~w York Avenue, Washlngto~, D.C. 2000~-5292 ARTICLE 11 INSURANCE ANDRONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase fi.om and maintain ina company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as wil~ protect the Contractor from claims set forth below which may arise out of or result fi.om Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or bva Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .~ claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; ~-:t ~ _~,~ .~ claims for damages because of bodily injury, sickness or disease, or death of any ~n other than the Contractor's employees; ~: · ~ ~, .a claims for damages insured by usual .s claims for damages, other than to the Work itself, because of in jut'/. tangible property, including loss of use resulting therefrom; :~,~ '-. - .s claims for damages because of bodily injury, death of a person or arising out of ownership, maintenance or use of a motor vehicle; -~ .r claims for bodily iniury or property damage arising .s claims involving contractual liability insurance applicable 'to:~the oblL;ations under Paragraph 3.t8. 11.1.2 The insurance required by Subparagraph n.x.~ shall be liability specified in the Contract Documents or required by law, whichever' ~:overage_ is g Coverages, whether written on an occurrence or claims-made basis, shall be maintain&l withotit interruption fi.om date of commencement of the Work until date of final paymefit :ifid termination of any coverage required to be maintained after final payment.-~ ,. 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with thee Owner commencement of the Work. These certificates and the insurance Paragraph na shall contain a provision that coverages afforded under the canceled or allowed to expire until at least 3o Owner. If any of the foregoing ' payment and are reasonab y available, an ~r continuatiofi of ~u~:h coverage shall be submitted with the final Application for Payment as required by 9. m.2. Information concerning reduction of coverage on account of revised limits or cl~a~ under the General Aggregate or both shall be famished by the Contractor with Yea~fi,4ble pr°mptness'n acc°rdancew~ththeC°ntract°rs mf°rmatl°n and-~beli~ef':]~"'' Il.lA The Owner shall be responsible for purchasing and maintaining thc Owner's u{ual liability insurance. · :' :'-'" I1-~.1 Optionally, the Owner may require the Contractor to purchase and maintain Project coverage for the Owner's, Contractor's and Architect's vicarious liability for ~fn operations under the Contract. Unless otherwise required by the Contract Documents, the shalt reimburse the Contractor by increasing the Contract Sum to pay the cost of purchasing and maintaining such optional insurance coverage, and the Contractor shall not be responsible for purchasing any other liability insurance on behalf of the Owner. The minimum limits of liability purchased with such coverage shall be equal to the aggregate of the limits required for Contractor's Liability Insurance under Clauses ILI.L2 through 11.1.1.5. 11.1.2 To the extent damages are covered by Project Management Protective Liability insurance, the Owner, Contractor and Architect waive all fights against each other for damages, except such fights as they may have to the proceeds of such insurance. The policy shall provide for such waivers o£ subrogation by endorsement or otherwise, 11.13 The Owner shall not require the Contractor to include the Owner, Architect or other . persons or entities a~ additional insureds on the Contractor's Liability Insurance coverage under Paragraph n.~. 11.4 PROPERTY INSURANC£ 11.4.1 1.tn]ess otherwise provided, the Owner shall purchase and maintain, in a company or comp~anies lawfi~lly authorized to do business in the jurisdiction in which thc Proiect is located, propertF, insurance written on a builder's~.isk "a]]-fisk' or equivalent policy form in the amount or the initi o"tract i Sum,~ plus ,value or.subsequent Contract modifications and cost of materials supplied or installed by others, comprising total value for the entire Proiect at the site . on a replaceme~..t cost basis without optional deductibles. Such property insurance shall be ~ main~d, unl ~e~s othenehe p royide~l in.tl~'.QOntract Documents or otherwise agreed in writ -: by all..l~?ns ~ndfnt~tie~ wh~..~.~ben~qli,~' of such insurance until final payment has bee~ made ~ provided.iilPa~grcpli'~.lb or~h_~o person or entity other than the Owner has an ~_nsm'a_ blsin te r ~e~?n ~' propert[ requitalS.' .~ Paragraph n.4 to be covered, whichever is later. -This in~,,, rance~[~ indud~ in,~.J:~qs}~f ~l/~2Owner, the Contractor, Subcontractors and 11.4.1.1 Property insurance shall be-on an 'all-risk" or equivalent policw form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm. £~ .aisC. rk, testing and startup, temporary buildings and del~ris .removal ~ncludLqg demolition .~ioned by enforcement of any applicable legal requirements, and shall ~ver reasonable.compensation for Architect's and Contractor's services and expehses required'as a result ofsuch'i~sured loss. 11.4.1.1 If the Owner.does npt intend tq l~urchase ~ch property insurance required by the Contract and with all of the covierages ~ the amount d -er~:nbed above, the Owner shall so inform the Contractor in writing prior to c~mmencement ~f3be WOrk, Ihe Contractor may then effect insurance which will protect .the?_ nterests of the Contractor, Subcontractors and Sub-subeontmctors .in. the Wod~,_and by a'l~propriate Change Order the cost thereof shall be charged to the Owner. If ~e Contractor s~ ~y~ihe failure or neglect o£ the Owner to purchase or matntai~ as de~ab3~,~rithout so notifying the Contractor in ::~writing, then the'Own~r.~hall bear all i~as0~i~'~roperly attributable thereto. 11.4.1.t I1' the i~r~iperty insura.nce ~ll~,~ ..,fibles, the owner shall pay costs not co~ered because of such deductibles. I[4.[4 Ti~s prope~, insurance shaft cra/er 'p~rtions of the Work stored off the site, and also po~,o~s o~' the Work in transih = - I1.4.1.F Partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial AIA DOCIJM ENT A201-1~? G£NI[RAL CONDITIONS OF TH£ CONTRACT FOR CONSTRUCTION occupancy or use by endorsement or otherwise. The Owner and the Contractor shall lake reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupan~ or use that would cause cancellation, lapse or reduction of insurance. AIA DOCUM~r NT A201.lg~J7 G£N£RAI. O1: TH£ CONTRACT FOR 11.4.2 Boiler and Machin~,y Insurance. The Owner shall purchase and maintain boiler and machine~ insurance required by the Contract Documents or by law, which shall specifically cover such insured obiects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall be named insureds. 1L43 Loss of Llse Insurance. The Owner, at the Owner s opUon may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or. other hazards 11.4.4 If the Contractor requests in writing that tnsurance for risks other than those des~iY:~ed here~n or other specxal causes of loss be included m the property insurance policy, the Owner. shall, ff possible, ~nclude such ~nsurance, and the cost thereof shall be charged to th{ Contractor,~: by appropriate Change Order. : :;. ~: :_'~, t'~? 11.4.5 If during the Project construction period the Owner insures properfies~'~l or both, at or adjacent to the site by' properly insurance under policies separate the Project, or if after final payment property insurance is to be through a policy, or policies other than those insuring the Project during the Owner shall v,~ve all rights in'accordance with the terms of Subpar~pg. ~i24-7 caused by fire or other causes of loss covered by this separate property ~nc~.' .AIl policies shall pro,fide this waiver of subrogation by endorsement or otben~ise] ..... : .. ~,~ ~l.4.e Before an exposure to loss may occur, the Owner shall file with the Contiactor a-cb~, of each policy that includes insurance coverages required by this Paragraph n.4. Each policy contain all generally apphcable condmons, definmons, exclusions and endorsements related to tins Pro ect. Each pohcy shall contmn a prov~sxon that the pohcy wdl not be canceled or allowei:l ~ ?~ to expxre and that ItS limits will not be reduced untd at least 3o days prior wntton notate has g~ven to the Contractor. -:.7.~;. 1L4.7 Waivers of gubcogatlon. The Owner and Contractor w-a~ve all rights against (1) each other and any of the r subcontractors, sub-subcontractors, agents and employees, each of the other. and 2) the Mch~tect ArcNtect s consultants, separate contractors described m Artacle 6, ff any and any of their subcontractors sub-subcontractors, agents and employees, for damages cauiecl N/ or other causes of loss to the extent covered by properly insurance obtained pursuant to this Paragraph t L4 or other property insurance applicable to the Work, exe~13(~uch rights as th~'t~ave to proceeds of such ~nsurance held by the Owner as fiduc~ar~.:~Tlae Owner or Contractor,;~Y appropriate, shall require of tbe Arehl:ect, Arehnecl s consultants, separate contractors d~ ,,( n Art c e 6, f any, and the subcontractors, sub-subcontractors agents and employees of any them, by appropriate agreements, written where legally reqmred for vahdity, similar w-aavers ~e~ in favor of other parties enumerated herein. The policies shall provide such Waivers'of subrogation by endorsement or othe~'ise. A waiver of subrogation shall be effective as toga person or entity even though that person or entty would otherwise have a duty of indern~!g~2[7 tion, contractual or otherwise, did not pay the insurance premium directly or indin~,'a~d whether or not the person or enmv had an insurable interest ~n the property damaged. ~t.4.a A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mor(gagee clause and of Subparagraph n.4ao. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and bv appropriate agreements, written where legally required for valid fy, shall reqmre ~ubcontractors to make pa,vments to their Sub-subcontractors in similar manner. 1t.4.9 If required Ln writing by a party in nterest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciare. The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the'parties in interest may reach, or in accordance with an arbitration award in · which case the procedure shall be as provided in Paragraph 4.6. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with ,article 7. · 11.4.~O The Owner as fiduciary shall have pbwer to adjust and settle a loss with insurers unless one of the parties in interest shall obiect Jrt-writing within five days after occurrence of loss to the Owner's exercise, Of this pOWer; ff ~uch- objection is made, the dispute shall be resolved as provided in Para, phs 4-5 and 4.6: Th~ Owner'as fiduciary, shall, in the case of arbitration, make settlement with insurers in accordantfe ',~th~'directlons of the arbitrators. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 11.5 PERFORMANCE BbND ll,S.I The Owner shall have the right t-~-equire the Contractor to f,. , ~-: ~rnish bonds covering aath ful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requlre/n~ents 'or specifically req~{red in the Contract Documents on the date of execution of the Contract. ' . 11.5.2. 12pOn the request of any pers6ff Or efitity appearing to be a potential beneficiary of bonds covenng payment'of obligations arising under the Contract, the Contractor shall promptly furrfish a copy of the bonds or shall perm t a copy to be made. ' ARTICLE 12 UNCOVERING AND CORRECT ON OF WORK 12.1 UNCOVERING OFWORK. ; _:; ,~ :~- 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents. it must, if required in writing by the Architect, be uncovered for the ArchitL. ct's examination and be replaced at the Contractor's expense without · change in the Contract Tune. ,.: 12.1.2 If a porti0h Of the Work has been3cove:redi.~hich the Architect has not specifically requested to examine'p~im: t6 its being covered~'th¢ Architect may request to see such Work and it shall be uncovered I~ the Contractor. If such Work is in accordance with the Contract Documents, co~ts of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, correction shall be at the Contractor's expense un/ess the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. AIA DOCUMENT A20t*1997 of Architects 173S New York Avenue. N.W. Washinsto~, D.C. 2OOC~5292 AIA DOCUMENT/O01-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION WasNnBton, D.C- 20006-5292 12.2 CORRECTION OF WORK 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION 12.2.1.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect's services and expenses made necessary, thereby, shall be at the Contractor's expense. 12.2.2 AFTER SUBSTANTIAL COMPLETION . 12.2.2.1 In addition to the Contractor's obligations under Paragraph 3-5, if, within one year after the -: date of Substantlai Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Subparagraph 9,9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to he not in accordance with the requirements of the Contract Documents, the Contractor s_hail correct it promptly after receipt of v,a'itten notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The.. _O~ 'er shaU~ive such notice promptly after discovery, of the condition. During the one-year period for co .rr~gn of Work, if the Owner fails to notify the Contractor and give the Contractor all opport~tl~, to make the correction, the Owner waives the rights to require correction by the ~trdctor~an.d~. make a claim for breach of warranty. It' the Contractor fails to correct nonc6nforming",W.~. within a reasonable time during that period after receipt of notice from the Owner or ~rchitffct,~ ~.~.~.~ the Owner may correct it in accordance with Paragraph 2.4. ~. _~,"_~'~ -~'; 12.2.2.2Tbe one-year period for correction of Work shall be extended with respect to'p~ons V, ork first performed after Substanual Completion by the period of ume between Suls~-tantxal Completion and the actual performance of the Work. .. .~..~ :~;,_.-=,*. ~;.?.~· ~_ .~._ ll.2.2.3The one-year period for correction of Work ~hall not be extended by corr~tive Work' performed bv the Contractor pursuant to this Paragraph ~2.2. -. ~.~i L 12.2.3 The Contractor sba remove from the site portions of the %brk which are not n; with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted bvthe C~vner. . _.. ' - . 12.2.4 The Contractor shall bear the cost of correcting destrovea or damaged 12,2.~ Nothmg contained m th~s Paragraph 12.2 shall be construed to estabhsh a pe~0d lirnitation with respect to other obligations which the Contractor might have under the Co~tiact Documents Establishment ef the one-year period for correct on of Work as descri~ 'ih · . . .- - Subparagraph ~2. a.2 relates only to the specific obhgauon of the Contractor to correct the ............ and has no relauonsh~p to the ume 'mth~n whmh the obhgauon to comply vnth the COn ~t~g-~.~z.~ Documents may be sought to be enforced, nor to the t~me w~th~n which proceed, rags may-be' commenced to establish the Contractor's liability with respect to the Contractors obligations other than specifically to correct the Work. --:-~ ~ '- -: 12.3 ACCEPTANCE OF NONCONFORMING WORK :"" '->;,; - ' - 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requiremenis.o[.' the Contract Documents, the Ch.-net may do so instead of requiring its removal and conection.' in which case the Contract Sum will be reduced as appropriate and equitable. Such adju.~_-ent shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW L~.I.1 The Contract shall be governed by the law of the place where the Project is located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representativez of such other party in respect to covenants, agreements and obligations contained in the Contract Docoments. Except as provided in Subparagraph ~3.2.2, neither party to the Contract shall a.~ign_ the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.2.2 The Owfi~r may, without consent of the Contractor, assign the Contract to an irmtitutional lender providing construction financing for the Project. In such event, the lender shall assume the Owner's fights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignmenL B.3.1 Written ~_m~.ice shall be'deemed to have been duly served if delivered in person to the individual or a m~mber of the firm or entity or :o an officer of the corporation for which it intende~, or if deS. li4ered at or sent by_--egistexed or certified mail to the last business address known to the party gremg not~ce. 13.4 ~ RIGHTS AND~REMEDIES c<-, ,~; 1~.4.1 .Duties aiid.0bligaUon,~.~mpo~l~by3.bc Contract Documents and rights and remedies available thereunder shall be in addition to-and not a limitation of duties, obligations, rights and remedies otherwi~'~np6sed or available b'~ l~w, , of a right or duty, afforded them under the Contract. nor shall such action or failure to act COlZStitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. B.~.l~.Te~ts, inspections and approi, als o&poaions of the Work required by the Contract Doctinlents or by_law~:or .ch~..anc~s, rules,_regulation~.s.9.r~orders of public authorities having juriedict~.on shall be mfid~at iii apprOprlale'time. ~ ~her~se pro~'ided, the Contractor shall make arrangements·fi~r-su~ch' tests, inspection~ and;approvals with an independent testing laboratory, or entity dci:~5'~Ne to the Owner, °r-with th~ appropriate public authority, and shall bear all related co,ts of test~ in*pections and approvals. The Contractor shall give the Architect timelynotice ofwben and where tests and impection~ are to be made so that the Architect may be present for s6.kl~."~m'es. The Owner ~mll l~sts of tests inspections or approvals which do not become._!~Kmre~ mints until afrer bid~,~cmved or negouaUons concluded. 1.~.S.2 If the'~m-..hit&t, Owner or puNi*:-~orities having urisdiction determine that portions of the Work reqmre ~iddiuonal testing, m~l~.gr approval not mcluded under Subparagraph ~3-5.~- the Archite~"~idll. upon written ~tah~l~lti~ from the Owner, instruct the Contractor to make arrangementi for such additional testing, inspection or approval by an entity acceptable to the Ownei. and the Contractor shall give timely notice to the Architect of when and where tests and impections are to be made so that the Architect may be present for such procedures. Such co,ts, except a.s provided in Subparagraph ~3-5.3, shall be at the Owner's expense. GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute 1.t.5.3 If such procedures for testing, inspection or approval under Subparagraphs ~3.;.t and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary, by such failure including those of repeated procedures and compensation for the Architect's sen,ices and expenses shall be at the Contractor's expense. 13.5.4 Required certificates of testing, inspection or approval shall, unless othe~.ise required by the Contract Documents, be secured bv the Contractor and promptlv delivered to the Architect. · 1..1.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place 13.5.& Tests or inspections conducted pursuant to the Contract Documents shall be made prompOy to avoid unreasonable delay in the Work· 1~.6 INTEREST :;= 13.6.1 Payments due and unpaid under the Contract Documents shall bear int"est fi~m payment is due at such rate ~ the parties may agree upon in writing or, in the a~'~ th~t~ the legal rate prevailing from time to time at the place where the Proiect is locat~.d. ;·}; COMMENCEMENT OF STATUTORY LIMITATION PERIOD ' ~:' ~' '~ 13.7.1 A~ between the Owner and Contractor: ~:~ : ~-~¢_~ .t Before Substant:al Completmn. As to acts or fadures to act occurring prior to re,evant date of Substantial Completion, any apphcable statute:oflimitau~ ~all cdr. mence to run and any alleged cause of actmn shall be de~med, to hav~ acca'uelt tn any and all events n°t later than such date °f Substantial C°n'~i~leti°~'/i-u:::~'~ '~, .2 Between Substantial Completion a~d Final Certificate for ~n~.'~:A~ i8 failures to act occurring subsequent to the relevant date of Substantial Completidn prior to issuance of the final Certificate for Pa~-cnent, any applicable stat~i limitations shall commence to mn and any alleged cause of action shall be'dee~d"to have accrued in any and all events not later than the date of issuance oftbe Certificate for Payment; and ~ . ~ -~?.~:~ -- ~ After Final Certificate for Payment. As to acts or failures to act occurring a~er th~ relevant date of ~ssuance of the final Certificate for Payment, any applic~al/~tatuteoF.~ hm~tauons shall commence to tun and any alleged cause of action shall be deemed to have accrued in any and a I events not ater than the date of any act or fail~i~ the Contractor pursuant to any Warranty provided under Paragraph 3-5, the correction of the Work or failure to correct the Work b~, the Contractor under ~.2, or the date of actual comm~ssmn of any other act or failure to perform an~ daity obhgahon bv the Contractor or Owner, whmhever occurs last. - , : s~ ARTICLE 14 TERMINAT ON OR SUSPENS ON OF THE CONTRACT %~r~::' ~ ~:;" 14.1 TERMINATION BY THE CONTRACTOR :;~/ ~:'~'~"~"~ I,.I.1 The Contractor may terminate the Contract i£ the Work is stopped Eot ~ p~od or 3o con- secutive days through no act or fault o£ the Contractor or a Subcontractoi:, Sub-subco~tract0t'or their agents or employees or any other persons or entries performing portions 0E the Work un'~er direct or indirect contract with the Contractor. £or any of the following reasons: '~ ~.;~'~ ~- .t issuance of an order o£ a court or other public authority having .2an act o£ government, such as a declaration o£ national emergency, which Work to be stopped; because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.43, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or the Owner has failed to fi~rnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entitles performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Paragraph ~4;3 constitute in the aggregate more than mo percent of the total number of days · scheduled for completion or uo days in any 365-day period, whichever is less. 14.13 If one of the reasons described in Subparagraph :4.~.~ or ~4~1.2 exists, the Contractor may, upon seven days' .written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work.executed mad for proven loss with respect to materials, · equipment, tools, and construction equip_ment and machinery, including reasonable overhead, profit and damages. 1(.1.4 If the Work is stopped for a period of 6o consecutive days through no act or fault of the Contractor or a Subcontractor orAhek agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fi~lfill the Owner's obligations under the Contract Documents with respect to matters importmat to the progress o£ the Work, the Contractor may, upon seven additional days' written notice to the Owner and fl ~. Architect, terminate the Contract and recover fi.om the Owner as provided in Subpal'agl;aph ~4.z3. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .~ persistently or repeatedly rcfnses or fails to supply enough properly ski~led workers or proper materials; .2 faiLs to make payment to Subcontractors for matefials or labor in accordance with the respective agreements between thc Contractor and the Subcontractors; . .~ persistently dimegards law~, ordinances, or rules, regulations or orders of a public authority having iurisdicfion; or - .a othezwise is guilty 0~' substantial breach o~' a provision of the Contract Documents. 14.2.2 ~nen any o£ th~ abo~ reasons exist, the Owner, upon certification by the A~'chitect that sufficient cause exis~ tO justify such action, may ~4thout preiudice to any other fights or remedies of the Owner and after gremg the Contractor and the Contractor s surety, ~f any, se~ en days' written notice, terminate employment of the Con~ractor and may, subject to any prior fights .1 take posseK1ion of the site and of all nmt~fials, equipment~ tools, and construction equipment and machinery thereon owned by the Contractor; .~ accept a~signment of subcon~'ac~ pursuant to Paragraph 5.4; and ~ finish the Work by whatever reasonable method the C~'ner may deem expedient. 12pon request of the Contractor, the Owner shall f~rnish to the Contractor a detailed accounting of the cost~ incurred by the Owner in finishing the Work. 14.2.~ When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.-~, tke Contractor shall not be entitled to receive f~rther payment until the Work is finished. ~ :-:'~ ~z_':, of Ard~ilects 1735 New york Avenue, N.W. Washinsto~. D.C. 20006-5292 ir, AIA IX)CUMENT A201olg~? 1735 New York. Aven~, 'Washington. D.C. 2000~5292 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the ~,brk, including compensation for the ArchiteO.'s services and expenses made necessary thereby and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If' such costs and damages exceed the unpaid balance, the Contractor shall ference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be shall be certified by the Axch feet, upon app cat on, and this obligation for payment shah survive termination of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or inter.'-~'~ rupt the Work in whole or in part for such period of time as the Owner may determine. 14.].2 The Contrac~ Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Subparagraph 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: a that performance is, was or would have been so suspended, dehved ~i: i~terruptea'by another cause for which the Contractor is responsible; or :; =~-- .2 that an equitable adjustment is made or denied under another yrovision %f tl~e TERMINATION BY THE OWNER FOR CONVENIENCE -~* 14,4 14.4.1 The Owner may, at any time, terminate the Contract for the without cause. 14.4.2 Upon receipt of written notice from the Owner comen'ence, t ae Contractor shall: .1 cease operations as directed by the Owner in the not ce; a take actions necessary or that the Owner may direct, for the preservation of the ~brk; and J except for Work directed to be performed prior to the effective'date'of termln-atioh stated in the notice, terminate all ex/sting subcontracts and purchase Onters and into no ~urther subcontracts and purchase orders. . _.. 14.4.3 In case of such termination for the Owner's convenience. to receive payment for Work executed, and costs incurred by reason of such termimition: with reasonable overhead and profit on the Work not executed. --: "- -'i-~.'~s~ L CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission Eric M. Soroka, City//~l.ar Robert M. Sherman~Dir( December 7, 1998 Aventura Founders Park Change Order No. 3 of Community Services~ December 15, 1998 City Commission Meeting Agenda Item Recommendation: It is recommended that the City Commission approve Aventura Founders Park Change Order No. 3 in the amount of $49,597.37. Back,qround: This change order is necessary to accommodate the following required changes in the work: · Additional concrete slab by dugouts · Water main conflict with stormwater drainage system · Conflict with FPL duct bank and stormwater drainage system · Water service line change $4,800.00 5,832.75 28,583.00 10,381.62 Attached hereto are details of this change order request. If you have any additional questions or need further information, please contact me at your convenience. RMS~f Attachments RMS98128 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED CHANGE ORDER FOR BID NO. 98-2-2-2, BY AND BETWEEN THE CITY AND M. VlLA & ASSOCIATES, INC.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute and otherwise enter into the Change Order for Bid No. 98-2-2-2, Aventura Founders Park Development, by and between the City and M. Vila & Associates, Inc., attached hereto and incorporated herein as specifically as if set forth at length herein. Said Change Order amount is $49,597.37. Section 2. The City Manager is hereby 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 adoption. The motion was seconded by to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen , who moved its , and upon being put Resolution No. Page 2 Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Arthur I. Snyder PASSED AND ADOPTED this 15t~ day of December, 1998. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA CHANGE ORDER FORM CHANGE ORDER NO. 3 CONTRACT NUMBER: DATE PROJECT TITLE: PROJECT CONTRACTOR: COST: BUDGET LINE ITEM: DESCRIPTION OF CHANGES: See attached Original Contract: Total Previous Change Orders: This Change Order: Revised Contract ,a~nount: Total Change Orders to Date: 2 Contract Amount Before This Change: $1,934,802.25 Total Change in Contract Period: 98-2-2-2 December 15, 1998 Aventura Founders Park Improvements M. Vila and Associates $49,597.37 $1,913,680.25 21,122.00 49,597.37 $1,984,399.37 0 Calendar Days The sum of $49,597.37 is hereby added to the Contract price, and the total adjusted Contract price to date thereby is $1,984,399.37. The time provided for completion in the Contract is increased or decreased by 0 calendar days. This document shall become an amendment to the Contract and all provisions of the Contract will apply thereto. Recommended by Consultant Date Date Date Date Date Recom m ended by. Community Services Director Recommended for Budgetary Purposes: Approved by Accepted by Finance Support Services Director City Manager Contractor CITY OF AVENTURA FINANCE SUPPORT SERVICES DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: City Commission ~ ~(~roka, ~/~ Harry M. Kilgore, FTna~ort December 10, 1998 Services Director SUBJECT: Resolution Adopting End of Year Budget Amendment December 15, 1998 Commission Meeting Agenda Item Recommendation It is recommended that the City Commission approve the attached resolution amending the 1997/1998 budget. Background As you are aware, we are in the process of closing the books for the 1997/98 fiscal year. We are now to the point where we can formally amend the budget so that the adopted budget contains appropriations sufficient to cover all actual expenditures. The process is called the end of year "dean up" amendment and is done as a matter of course each year. The necessity of an end of year amendment has been discussed when we issued monthly reports since April. Therefore, the amendment should not be unexpected to the Commission. However, the dollar value of the adjustments are somewhat larger than originally anticipated. First, Hurricane Georges resulted in large amounts of overtime and other costs, particularly in the Police Department. We have already received reimbursement for $37,000 and expect an additional $18,000 at a later date. Second, the level of building activity remained heavy throughout the year. Since we pay CAP Engineering 70% of our total building permit revenue, the line item for building inspection services was significantly greater than budgeted. This was more than offset by revenues in excess of budget for all building related fees (building permit revenues were $719,000 more than was estimated in the budget). The same basic scenario is also true of Culture/Recreation programs where expenditures are higher than budgeted but are more than offset by higher than budgeted revenues. Page (2) Memorandum to City Commission Resolution Adopting End of Year Budget Amendment The only fund where revenues are less than budgeted is the Park Development Fund. We were also aware of this and anticipated doing a budget amendment to transfer money from the General Fund to the Park Development Fund. Most of the revenue short falls are related to timing differences. The $160,000 neighborhood park grant will be recognized in the 1998/99 fiscal year as well as the balance of park impact fees. If the Commission desires, once these amounts are received, we can transfer those monies back to the General Fund by later budget amendment. As discussed above, revenues in the General Fund are significantly greater than projected. However, rather than inject additional revenues for building permits, recreation programs and other unbudgeted revenues, I believe it to be appropriate to cover those areas needing additional appropriations by transferring funds from unspent appropriations in other accounts. This allows the amendment to be done by resolution saving both time and advertising costs. Although we are still making final accruals for the 1997/98 year, we are far enough along to project a final actual carryover. For the General Fund, the projected actual carryover will be approximately $950,000 greater than was estimated in the 1998/99 fiscal year budget. Therefore, this budget amendment has no negative impact upon the 1998/99 fiscal year or future years' budgets. I, therefore, recommend approval of the resolution to accomplish the end of year budget clean up. HMK/mn FSS210-98 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ADJUSTING THE 1997/98 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the City and upon the recommendations of the City Manager (and the concurrence of the Finance Support Services Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 1997/98 Operating and Capital Budget as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSlONOF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The recitals contained in the preamble to this Resolution are incorporated by reference herein. Section 2. The City Commission authorizes the revisions to the current budget as are set forth on the attached Exhibit "A" which are deemed incorporated by reference as though set forth in full herein. Section 3. The City Manager is authorized to do ail things necessary to carry out the aims of this Resolution. Resolution No. Page 2 Section4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Arthur I. Snyder PASSED AND ADOPTED this 15th day of December, 1998. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Exhibit A General Fund - 0t Expenditures 529O City Commission Other Operating Supplies 2,500 1,000 3,500 Subtotal 3170 Lob~i~Sewicss 4710 NewfetferCo~ SuMo~l $ 3t,000 4,400 35,400 30,500 3,600 34,100 Cit~ Clerks Office 4740 Ordinance Codification 49t t Legal Advertising Subtotal 6,t 00 5,400 t t ,500 30,000 27,600 57,600 Finance Suuuort Services 3190 Profession Serv.-other 4650 R & M- Office Equipment 4910 Bid & Employment Ads Subtotal 1,000 21,300 22,300 39,084 2,200 41,284 13,000 7,500 20,500 Public Safety t401 Overtime 410t Telephone 4610 R & M-Vehicles Subtotal 120,000 26,000 146,000 35,000 8,000 43,000 33,420 4,000 37,420 Community Development 3t01 Building Inspection Services 3190 Professional Serv-Other Subtotal 761,000 508,000 1,269,000 110,000 40,000 150,000 Community Services 3tt0 Profession Serv.-Engineedng 3450 Landscape/Trss Maintenance 4320 Utilitiss-Watar 4851 CuitumlRec Programs Subtotal Non-DeDarbnental 9117 Transfer to Park Development Fund 6999 Capital Reserve SUBTOTAL 130,000 61,000 191,000 255,000 66,000 321,000 20,000 40,000 60,000 24,300 26,000 49,300 2,925,456 (1,207,000) 1,718,456 Total Amendments-Expenditures Park Development Fund - 17 Exhibit A REVENUES Intemovernmental Revenues 3-9 337710 Safe Neighborhood Parks Grant SUBTOTAL M Misr~laneous Revenues 363200 Resrea'don Impact Fees SUBTOTAL Non Revenue 3811001 Transfer from General Fund 399900 Can~Jover SUBTOTAL TOTAL REVENUES 160,000 -t60,000 0 700,000 -138,813 561,187 0 356,0~0 356,000 317,000 -57,187 259,813 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission /~ December 8, 1998 er D~Jvelopment Directo~U~ Petition of ConsuI-Tech Engineering, Inc. for Final Plat approval Williams Island Fifth Amended (09-SUB-98) of December 15, 1998 City Commission Meeting Agenda Item ~7"~, RECOMMENDATION It is recommended that the City Commission approve the Williams Island Fifth Amended Final Plat and direct the City Clerk to record the plat approval resolution in the public records of Miami-Dade County, all costs to be borne by applicant. THE REQUEST The Applicant, ConsuI-Tech Engineering, Inc, is requesting Final Plat approval of the subject property with the intent of constructing 201 attached as Exhibit #1) BACKGROUND OWNER OF PROPERTY NAME OF APPLICANT dwelling units. (Application is Williams Island Associates, Ltd. and WI Development, Inc. ConsuI-Tech Engineering, Inc. LEGAL DESCRIPTION Tract "1", Williams Island Third Amended as recorded in Plat Book 143, Page 24 of the Public Records of Dade County LOCATION OF PRPERTY SIZE OF PROPERTY South of Williams Island Boulevard and south and east of Dumfoundling Bay. (See Exhibit #2 for location map and Exhibit #3 for aerial photograph of site.) Approximately 5.1458 acres DESCRIPTION/BACKGROUND The owner of the Williams Island property received vested development rights with the Declaration of Restrictions proffered in connection with Miami-Dade County Zoning Hearing No. 75-9-CC-30. The hearing concerned a rezoning ordered by the Circuit Court in response to litigation on the Williams Island property. The Declaration of Restrictions assured that the property owner would be entitled to develop the property at up to 45 units per gross acre under the provisions of County zoning and parking ordinances in force at the time. The Declaration of Restrictions eliminated all previous site plans; thus the owner lost the ability to develop more than one building per tract. The site is currently platted as Tract "1" of Williams Island Third Amended, PB143-42. The applicant is requesting a replat to create two new Tracts, "L" and "M". Tract "L" contains approximately 4.48 acres of land and water and Tract "M" contains approximately .67 acres of water. The replatting allows the proposed 201-unit residential structure to be sited on Tract "L". ANALYSIS Site Plan - No site plan exists. The site is unimproved. Zoning - The zoning of the site is RU-4A, Hotel Apartment House District. The platting of the tract is consistent with the vested rights determination made by Miami-Dade County for the property concerning zoning and parking provisions. Future Land Use designation - The Future Land use designation for the property is Medium-High Density Residential, allowing up to 60 dwelling units per acre. The platting of the tract is consistent with this designation. Access - An ingress/egress easement is being dedicated to the Williams Island Property Owner's Association, Inc. to facilitate access to Tract "L". Tract "M", containing no land, requires no access easement. 2 · Consulting Engineers · Land Planners · Lm~d Surveyors · Transpona6on Engineers ·EnvironmentaI Engineers · Construction Managers · Forensic Engineers · GPS & GIS Consultants · Aviation Consultants SHAREHOLDERS: GARY G. BLOOM, P.E. STEPHEN G. VRABEL, ES.M. ANDRES GARGANTA, CARLOS M. MALLOL P.E. ASSOCIATES: AGUSTIN BARRIOS JOHN T DOOGAN, RS.M. WILMA A. HERNANDEZ AURELIO MATOS, JR. GILBERT PORTELA, RE. &MUEL REYNOLDS, EE,, P.S,M. STEPHEN K. SEELEY, ES.M. Miami Office 10570 N.W. 27th Street Miami, FL 33172 (305) 599-314l Fax (305) 599-3143 E-mail: mia@consul-t.com Other Offices Corporate (954) 785-8400 Fax (954) 785-5923 Bonita Springs (941) 947-0266 F3.X (941) 947-1323 Ft. Pierce (561) 467-9085 FAX (561) 467-9350 Jacksonville (904) 276-3100 FAX (904) 276-3102 Orlando (407) 843-0094 FAX (407) 423-0085 Pembroke Pines (954) 436-5786 FAX (954) 436-7742 South Dade (305)248-9444 FAX (305) 248-3644 CONSUL-TECH ENGINEERING, INC. August 28th, 1998 Ms. Brenda Kelley, Director City of Aventura Community Development Department 2999 N.E. 191 Street, Suite 500 Aventura, FL 33180 Letter of Intent/Final Plat/Williams Island 5th Amended CTE Project No. 870920.1 Dear Ms. Kelley: Enclosed is an application for Final Plat approval for Williams Island Fil~h Amended. This is a replat of Tract "B" to create two tracts, "L" and "M" in order to divide the water portion of the tract from the land area. Tentative Plat approval has been granted by Miami-Dade County (see attached T-Plat) and it is our intention to finalize this plat with the City of Aventura. Enclosed are the following items, as required, for Final Plat submittal to the City: · 12 copies ofthe Final Plat · 1 original mylar copy of the plat signed by the o~vners. · l original application signed and notarized by the owners. · I original Opinion of Title. · Copies of all zoning resolutions affecting this property. · The required submittal checks payable to the City of Aventura. If there any items or questions of which you may have concerns please do not hesitate to contact our office. We look forward to confirming the agenda date this plat will be placed. Thank you in advance for your time and attention to this matter. Sincerely, ~ C~fffiphoo, Planner/Project Manager C: Robert Finvarb, Williams Island EXHIBIT #1 09-SUB-98 CONSUL-TECH ENGINEERING, INC. RE~PONO TO: (9~) 785-8400 (94 ! ) 947-0266 PAX (904) 276-3102 (9,~.) 436-5786 November 19, 1998 _V_la. Eamlmlle_ (30S) 466-8949 Bruce Epperson City of Aventura 3500 N.E. 192nd Street Aventura, Florida 33160 Re: Williams Island Sth Amended Plat CTE Project No. 89-0920.1 -- Dea~ Bruce: ~n-response to yo0r letter and to clarify our discu~ions, we would like to submit this revised Letter of Intent. It is our intent to d/vide thc underlying plat of Trac! "I" into two tracts, Tracts "L" and "M" for development purposes. These tracts consist of both land and water parcels as indicated on the plat. ' If you have any questions or concerns, please contact me directly at (305) 599- .3141. Sincerely, · ~'~ Cyril Saiphoo Planner/Project Manager cc: Robert Finvarb CS/dkr EXHIBIT #1 (cont.) 09-SUB-98 '~0' of E~¢~ CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT 2999 NE 191 Street, Suite 500 Aventura, Florida 33180 (305) 466-8940 APPLICATION FOR FINAL PLAT DATE: 04/30/98 PROPOSED PLAT NAME: WILLIAMS ISLAND FIFTH AMENDED LOCATION: EAST OF BISCAYNE BLVD. ON WILLIA2[S ISLAND BLVD. LEGAL DESCRIPTION: FOLIO NUMBER{s): TRACT I OF THE PLAT OF WILLIAMS ISLAND THIRD AMENDED AS RECORDED IN PLAT BOOK 143 PAGE 24 OF THE PUBLIC RECORDS OF DADE COUNTY, FL CURRENT ZONING: RU-4A CURRENT LAND USE: RESIDENTIAL PROPOSED USE(S) OF PROPERTY: X Residential: Non-Residentiah Gross Acres within Plat: Right of Way within Plat: Water vfithin Plat: Net within Plat: 201 Dwelling Units (number) (groasteasabte area) 5.1458 0.0 acres 0.6726 acres 4.4732 acres Name of Applicant or Contact Person: CONSUL-TECH ENGINEERING INC., C/O CYRIL 8AIPHO0, PLANNER Phone No.: 305-599-3141 Address of Applicant: 10570 N.W. 27TH STREET, SUITE 101 MIAMI, FLORIDA 33172 Name of Property Owner (ifotherthan Applicant): Phone No.: 305-937-7823 WILLIAMS ISLAND Address of Property Owner: 7900 WILLIAMS ISLAND BLVD. AVENTURA FL 33160 The followinq documents are required to be submitted with and are deemed to be !ncorporated into this petition, as applicable: ALL APPLICATIONS MUST BE ACCOMPANIED BY A LEqq'ER OF INTENT. Please describe in detail, whether and to what extent the requested development action serves a public benefit which would warrant the granting of the request and specific justification for approval of the application, nature of the requests and any other pertinent information. insufficient justification may result in the denial of your application. One (1) original application, signed and notarized by the applicant, owner and/or attorney and, if -- necessary, authorization for another individual to represent the applicant. One (1) original, current (within 30 days) Ownership and Encumbrances Report for the subject property and copies of documents referenced in that report. A complete zoning history of the property is required. The attached Certificate of Resolutions form must be completed and signed by a Miami-Dade employee from the Zoning Information Section. Twelve (12) copies (folded) of a registered, current (within 30 days), signed and sealed survey -- of the subject property, based upon and referencing the Ownership and Encumbrances Report. Surveys must delineate existing natural features, easements, existing structures and uses, and existing utility lines. One (1) copy (folded) of the approved Tentative Plat, signed and sealed (if applicable). Twelve (12) copies (folded) of the Final Plat, signed and sealed. Lot/Parcel Analysis required, including, but not limited to, the following information relative to lots and parcels in each zoning district: number of lots, smallest lot size, average lot size, number of parcels, acreage in each parcel. Letters from all utilities franchised to operate in the City (Florida Power and Light, Southern Bell, WASA, Cable) relative to adequacy of proposed easements shown in the plat/site plan, including approval of shared easements. Disclosure of Interest Form. Does property owner own contiguous property to the subject property? if so, give complete legal description of entire contiguous property. YES, TRACT B OF WILLIA~MS ISLAND SECTION ONE, PLAT BOOK 120 PAGE 43 Is there an option to purchase or lease subject property or property contiguous thereto, predicated on the approval of this application? Yes No × If yes, who are the affected parties? (Copy of purchase contract must be submitted with this application). Do these plans represent new construction? Has construction started? Has construction been completed? Are there any existing structures on the property? Will the existing structures be demolished? Yes No X Yes~ No_ X Yes No X Yes No x Yes No X Filin.q and Hearinf~ Fees A check made payable to the City of Aventura for the amount: $ Residential: $1200.00 plus $1.00 per unit Non-residential: $1200.00 plus $25.00 per acre A check made payable to Miami-Dade County for $110.00 for Concun'ency review by the County. 3. Property Violat OhS As part of the review, your property may be subject to various inspections by City personnel If building, zoning or Code Compliance violations are found, your request for a public hearing will be deferred until such violations are corrected. 4. Responsibility of AI313 icant It is the responsibility of the applicant to assure that all questions in the application and all required supplementary data are submitted at the time of the filing of the application and that ali answers, plans and supplementary data are accurate and complete. All required plans, supplementary data, mailing labels and fees must be submitted at the same time as the application is filed, or the application will be incomplete. Incomplete applications will not be scheduled for public hearing and will be returned to the applicant. The filing of an incomplete application will not reserve a place on the hearing agenda. An application submitted prior to the deadline does not automatically insure placement of the application on that hearing agenda. All data submitted in connection with the application becomes a permanent part of the public records of the City of Aventura. 5. Procedure for Platting or Replatting: 1. Twelve (12) copies of the Tentative Plat are submitted to the City's Community Development Department. 2. City determines if the Tentative Plat meets the requirements of the City Code. 3. Upon approval by the Community Development Department, the applicant submits the Tentative Plat to Miami-Dade County along with the City's staff report confirming approval. 4. Upon approval by Miami-Dade County, the applicant prepares the Final Plat and submits twelve (12) copies to the Community Development Department. The Final Plat appears before the City Council for approval. 5. The City Council, if approving the Final Plat, passes a resolution. 6. The Final Plat is ~ubmitted to Miami-Dade County along with the City's resolution, for final approval and recording. IFor Office Use ~-t ~ DEVELOPMENT APPLICATION OWNER CERTIFICATION (Please complete al.J that apply) For use when petitioner is the Owner of subiect properly: This fs to certify that I am the owner of the subject lands described in the above application. I understand that I am responsible for complying with all application requirements pdor to this petition being scheduled for any public headng. I also understand that it is my responsibility to comply with the City's requirements regarding quasi-judicial proceedings. This further certifies that I have read this petition and the statements contained herein are true and correct. Print Name of Petitioner Signature of Petitioner STATE OF COUNTY OF The foregoing instrument was Sworn to and Subscribed before me this day of , 19 who is personally known to me or who has produced by as identification, Printed Name of Notary Public Signature of Notary Public My Commission Expires: For use when petitioner is NOT the Owner of the Subiect Property: This is to certify that I am the owner of subject lands descdbed in the above petition. I have authorized ~2~jL.-.['¢_~ ~,.~,~.[6 ~ [qu. to make and file the aforesaid petition. This further certifies that I have read this petition and the statements contained herein are true and Print Name of Petitioner Sigll~ture of. Petitioner Thefor~eg.~oinginstrumentwasSworntoandSubsc~1bedbeforemethis ~/~4 dayof as.idengfi~afion: Print~ Name of Nota~ Public Signatdre of Nota~ Pub My Commission ~ires: ~ Unda Peri Momm~d Tenant or Owner A~davit , being first duly sworn, depose and say that I am the owner/tenant of the properly described and which is the subject maffer of the proposed headng; that all the answers to the questions in this application, and all sketch data and other supplementa~ maffer a~ached to and made a paff of the appli~tion am honest and tree. I understand this appli~tion must be completed and accurate before a hearing ~n be adve~ised. In the event that I or any one appearing on my behalf is found to have made a materiat misrepresentation, either oral or wriBen, regaling this application, I understand that any development action may be voidable at the option of the Ci~ of Aventura. Print Name of Petitioner Signature of Petitioner COUNTY OF STATE OF The foregoing instrument was Sworn to and Subscribed before me this day of , 19 who is~ersonally known to me or who has produce~ by as identification. Pr~nfc~d Name of Notary Public Signature of Notary Public DISCLOSURE OFINTEREST If the property, which is the sublect of the application, is owned or leased by a CORPORATION, list the principal stockholders and the percentage of stock owned by each. [Note: where the principal officers or stockholders consist of another corporation(s), trustee(s), partnership(s) or other similar entities, further disclosure shall be required which discloses the identity of the individual(s) (natural persons) having the ultimate ownership interest in the aforementioned entity]. WI DEVELOPMENT, INC. Corporation Name Name, Address, and Office Percentage of Stock The ultimate owner of WI DEVELOPMENT, INC. is a trust, the beneficiaries of which may include members of the families of Julius Trump and Eddie Trump (who both reside at 4000 Island Boulevard, Williams Island, Florida) or certain charitable institutions. If the property which is the subject of the application is owned or leased by a TRUSTEE, list the beneficiaries of the trust and the percentage of interest held by each.. [Note: where the beneficiary(les) consist of corporation(s), another trust(s), partnership(s) or other similar entities, further disclosure shall be required which discloses the identity of the individual(s) (natural persons) having the ultimate ownership interest in the aforementioned entity]. Trust Name Name and Address Percentage of Interest If the property which is the subject of the application is owned or leased by a PARTNERSHIP or LIMITED PARTNERSHIP, list the principals of the partnership, including general and limited partners, and the percentage of ownership held by each. [Note: where the partner(s) consist of another partnership(s), corporation(s), trust(s), or other similar entities, further disclosure shall be required which discloses the identity of the individual(s) (natural persons) having the ultimate ownership interest in the aforementioned entity]. WILLIAMS ISLAND ASSOCIATES, LTD. Partnership or Limited Partnership Name Name and Address The ultimate owner of WILLIAMS ISLAMD ASSOCIATES, LTD. is a trust, the beneficiaries of which may include members of the families of Julius Trump and Eddie Trump (who both reside at 4000 Island Boulevard, Williams Island, Florida) or certain Percentage of Ownership charitable institutions. If'there is a CONTRACT FOR PURCHASE, whether contingent on this application or not, and whether a Corporation, Trustee, or Partnership. list the names of the contract purchasers below, including the principal officers, stockholders, beneficiaries, or partners. [Note: where the principal officers, stockholders, beneficiaries, or partners consist of another corporation, trust, partnership, or other similar entitles, further disclosure shall be required which discloses the identity of the individual(s) (natural persons) having the ultimate ownership interest in the aforementioned entity], Date of Contract: Name Name and Address Percentage of Interest If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. For any changes of ownership or changes in contracts for purchase subsequent to the date of the application, but prior to the date of final public hearing, a supplemental disclosure of interest shall be filed. The above is a full disclosure of all parties of interest in this application to the best of my know~ilief' ~,~/p':~ ~,¢¢~. Print Name ofAppli~nt ~C. Signature of Appli~nt STATE OF ~A COUN~OF ~1~ of , ~e forgoing instrument was Sworn to and Subs¢ib~ before me thi~ is persona~n ~rinted Name of Notary Public My Commission Expires: Signature of Notary Public Note: Disclosure shall not be required of any entity, the equity interests in which are regularly traded on an established securities market in the United States or other country; or of any entity, the ownership interests of which are held in a limited partnership consisting of more than 5,000 separate interests and where no one person or entity holds more than a total of 5% of the ownership interest in the limited partnership. Disclosure of Interes~ YACHT CLUB DR. WAY CIRCLE 201 TER. 192 ST. 191 ST, 8 1 ity of Aventura 188 ST, 33180 Dum~oundtin~ 'Bay LEGEND 0 Roadways ...... City Boundary 09-SUB-98 SITE EXHIBIT #3 09-SL RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING THE WILLIAMS ISLAND FIFTH AMENDED FINAL PLAT SECTION 10, TOWNSHIP 52 SOUTH, RANGE 42 EAST CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, ConsuI-Tech Engineering Inc., by and through Application No. 09- SUB-98, has requested Final Plat approval for Williams Island Fifth Amended, Section 10, Township 52 South, Range 42 East City of Aventura, Miami-Dade County, Florida, the Final Plat being incorporated herein by reference and made a part of this Resolution as Exhibit #1; and WHEREAS, at a duly advertised public meeting, the City Commission heard, reviewed and duly considered the reports, findings and recommendations of the City Administration, together with testimony at the public meeting, and upon deliberation, finds that Final Plat approval is in the best interests of the citizens of the City of Aventura. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Resolution No. Page 2 Section 1. The final plat for Williams Island Fifth Amended, Section 10, Township 52S, RANGE 42E, of the Public Records of Miami-Dade County, Florida as more particularly described as: A REPLAT OF TRACT "r' OF WILLIAMS ISLAND THIRD AMENDED AS RECORDED IN PLAT BOOK 143, PAGE 24 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AND LYING IN SECTION 10, TOWNSHIP 52 SOUTH, RANGE 42 EAST CITY OF AVENTURA, MIAMI- DADE COUNTY, FLORIDA is hereby granted exclusively to the Applicant. Section 2. The City Manager and City Clerk are hereby authorized to sign the face of the Plat. Section 3. This Resolution shall be recorded in the Public Records of Miami- Dade County, Florida, with the petitioner to pay the costs thereof. Section4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by its adoption. The motion was seconded by put to a vote, the vote was as follows: , who moved , and upon being Resolution No. Page 3 Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Arthur I. Snyder PASSED AND ADOPTED this 15th day of December, 1998. ATTEST: Arthur I. Snyder, Mayor Teresa M. Smith, CMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of ,1998. CITY CLERK TO: FROM: DATE: SUBJECT: City Commission Eric M. Soroka, Cit~ November 6, 1998~ CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM gr Ordinance Establishin estrictions Action Prior to Abatement of Violation Upon Variances to Prohibit Ist Reading November 17, 1998 City Commission Meeting Agenda Item 2nd Reading December 15, 1998 City Commission Meeting Agenda Item RECOMMENDATION As requested at the October Workshop Meeting, it is recommended that the City Commission adopt the attached Ordinance establishing restrictions relating to variances to prohibit action prior to the abatement of a violation. BACKGROUND The Ordinance provides that in the case in which work has been done or a use has been established without the required building permit, a variance and other development approvals, the matter will not be considered by the City Commission unless the violation is corrected. In addition, the Ordinance provides that in the case in which development approval was obtained but the conduct of work or the use is not in compliance with the development order, the matter will not be considered by the City Commission unless a bond has been posted with the City. The bond will be used to correct the violation in the case the City Commission denies the variance request. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0670-98 ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 34 "PLANNING AND ZONING", AMENDING ARTICLE IV "ZONING" AT DIVISION I "GENERALLY" TO CREATE SECTION 34-95 "RESTRICTION UPON VARIANCE AND OTHER DEVELOPMENT APPLICATIONS"; TO PROHIBIT ACTION UPON APPLICATIONS PRIOR TO ABATEMENT OF VIOLATION; REQUIRING REMOVAL BOND UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE WHEREAS, the City Commission finds that it is appropriate to amend the City's zoning regulations so as to provide for the abatement of any zoning violation which resulted from work done or activities undertaken without a permit, or not in conformity with a permit or development order, prior to consideration of an application for a zoning variance or other approval concerning such work or activities, or to require posting of a removal bond in certain circumstances; and WHEREAS, in accordance with Section 34-1 of the City Code, the City Commission has been designated as the local planning agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the City Commission has reviewed this ordinance and has determined that the regulations provided herein are consistent with the applicable provisions of the Comprehensive Plan of Miami-Dade County, Florida as made applicable to the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That Section 34-95, "Restriction Upon Variance and Other Development Applications" of Division I "Generally," of Article IV "Zoning" of Chapter 34 "Planning and Ordinance No. 98- Page 2 Zoning", of the City Code, is hereby created to read as follows: Section 34-95. Restriction Upon Variance and Other Development Applications. (a) Under those circumstances in which work has been done or a use has been established or conducted without obtaining the necessary building permit or development order, no application for a variance, special exception, special permit, unusual use, new use or site plan approval (the "Approval") related to such work or to such use may be considered by the City Commission, unless the zoning violation which resulted from the conduct of such work or the establishment or conduct of such use, is first abated and removed, so as to remedy the violation of the City's zoning ordinances. Abatement and removal is required prior to the application being heard by the City Commission pursuant to Section 34-32 of the City Code. (b) Under those circumstances in which a permit or development order was issued for the conduct of work or the establishment or conduct of a use, but which nevertheless gives rise to the necessity for an Approval application because of non-compliance with permit or development order conditions or otherwise, no Approval application shall be heard by the City Commission pursuant to Section 34-32 of the City Code, unless the applicant has first posted with the City a Ordinance No. 98-__ Page 3 satisfactory surety or cash bond. The bond shall be in a form approved by the City Attorney, in an amount of penal sum approved by the City Manager, and shall provide for removal of the structure, facility or the cessation of the use vCnich gave rise to the zoning violation necessitating the Approval application, upon denial of the application. Section 2. 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 3. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and 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. The foregoing Ordinance was offered by Commissioner Beskin, who moved its adoption on first reading. The motion was seconded by Commissioner Berger, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger yes Commissioner Jay R. Beskin yes 3 Ordinance No. 98-__ Page 4 Commissioner Ken Cohen Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Arthur I. Snyder yes yes absent yes yes The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 17th day of November, 1998. PASSED AND ADOPTED on second reading this 15th day of December, 1998. ATTEST: ARTHUR I. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY A'I-FORNEY TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OFTHECITY MANAGER MEMORANDUM City Commission _~ Eric M. S°r°ka, C,~'./~age~r ~ ~ ~n~bn~re9 'A lmge ~gl~'cl i' n g 19~98 9 Budget Ist Reading November 17, 1998 City Commission Meeting Agenda Item 2nd Reading December 15, 1998 City Commission Meeting Agenda Item ~'~'~- RECOMMENDATION It is recommended that the City Commission adopt the attached Ordinance amending the 1998/99 Budget by reappropriating on-going capital projects from the prior fiscal year and recognizing additional revenues. BACKGROUND The attached Budget Amendment was prepared to reappropriate the following capital projects not completed during the 1997/98 fiscal year: General Fund - $1 ~676~000 N.E. 207th Street Improvements - $1,080,000 - Bid for lighting and landscape improvements is scheduled to be awarded at this Commission Meeting. Original Budget of $756,000 was supplemented to address additional lighting installation requirements and extension of lighting into areas previously designated as private roads. Safety Improvements - $160,000 -William Lehman Causeway Safety Improvements and Aventura Boulevard / Country Club Drive pedestrian light improvements. N.E. 183rd Street Improvements - $184,000 - Includes Change Order and additional engineering fees for drainage redesign and contingency amount for Williams Island Road project. 4. Vehicles - $43,000 - Reappropriates amount from prior year to complete vehicle purchase program. Capital Reserve - $4,000 - Allocates remaining amount from additional revenue amounts to the reserve account. Stormwater Utility Fund - $205~000 N.E. 213th Street Stormwater Collector System - $205,000 - Project is scheduled for completion by January 1999. The amount is reappropriated from the previous fiscal year. Police Capital Outlay Impact Fee Fund - $20,000 1. Equipment - $20,000 - Reappropriates amount from complete equipment pumhase program. The amendment is funded from the following soumes: prior year to 1. Increased carryover amount of $1,254,000. This is comprised of unspent funds from the various capital projects that were reappropriated in the new fiscal year. 2. Additional revenues anticipated from the following sources: · Franchise Fees - Electric - $350,000 · Occupational Licenses- $72,000 If you have any questions, please feel free to contact me. EMS/aca Attachment CC0669-98 ORDINANCE NO.~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 98-22, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 1998/99 FISCAL YEAR BY REVISING THE 1998/99 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the City and upon the recommendations of the City Manager (and the concurrence of the Finance Support Services Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 1998/99 Operating and Capital Budget as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section2. The City Commission hereby authorizes the amendment of Ordinance No. 98-22, which Ordinance adopted a budget for the 1998/99 fiscal year, by revising the 1998/99 budget as set forth on the attached Exhibit "A", which exhibit is deemed incorporated by reference as though set forth in full herein. Ordinance No. Page 3 Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner 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 Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Arthur I. Snyder The foregoing Ordinance was offered by Commissioner 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 Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Jeffrey M. Pedow Commissioner Patricia Rogers-Libert Vice Mayor Harry Hotzberg Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 17th day of November, 1998. 2 Ordinance No. Page 3 PASSED AND ADOPTED on second reading this 15th day of December, 1998. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMStms EXHIBIT A Budget Amendment OBJECT CODE CATEGORY REVENUES ADOPTED AMENDED REVISED BUDGET AMOUNT BUDGET General Fund - 001 3131000 3211000 Locallv LeviedTaxes Franchise Fee-Electric SUBTOTAL Licenses & Permits City Occupational Licenses SUBTOTAL 1,250,000 350,000 1,600,000 $ 467,000 72,000 539,000 3999000 Carryover SUBTOTAL To~lAmendments-Revenues EXPENDITURES Public Safety -20- 521 6450 Vehicles 3,045,000 1,254,000 4,299,000 ~ ::::::::::::::::::::::::: ii ~ ~ :. ~. :~ CAPITAL BUDGET PROJECT APPRORPIATION 0 43,000 43,000 Community Services - 50-53915411572 6315 NE 207th Street 6303 Safety Improvements 6309 NE 183rd Street SUBTOTAL 6999 9-90-9141 Non-Oe~ Capital Reserve SUBTOTAL Transfers - 581 Transfer to Storm Water Utility 0 t ,080,000 1,080,000 540,000 t60,000 700,000 0 184,000 184,000 2,674,292 4,000 2,678,292 0 205,000 205,000 Tull Amendments-Expenditures EXHIBiT A Stormwater Utility Fund -410 REVENUES 381t00t Transfer from Gene~l Fund SUBTOTAL 205,000 Total Amendments-Revenues EXPENDITURES CAPITAL BUDGET PROJECT APPRORPIATION Community Services - 539 6316 213th Stromwater Collector System SUBTOTAL Total Amendments-Expenditures 205,000 0 205,000 205,000 Police Capital Outlay Impact Fee Fund - 140 REVENUES Non -Revenue 3999000 Carryover SUBTOTAL Total Amendments-Revenues EXPENDITURES Public Safety - 521 6410 Equipment SUBTOTAL 0 20,000 20,000 CAPITAL BUDGET PROJECT APPRORPIATION 140-2001 20,000 20,000 Total Amendments-Expenditures TO: FROM: BY: DATE: SUBJECT: CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM City Commission/~ Eric M. Soroka, C'~l~/~rvl~na~er Brenda Kelley, Co'mm~evelopment Directo/fJ~,~ December 11, 1998 Revisions to City Comprehensive Plan Pursuant to Department of Community Affairs Objections, Recommendations and Comments (ORC) Report December 15, 1998, Commission Meeting Agenda Item Recommendation It is recommended that the City Commission adopt the City of Aventura Comprehensive Plan as revised and approve transmittal of the Plan to the Florida Department of Community Affairs. Background On July 20, 1998 the City Commission approved on first reading an ordinance adopting the City of Aventura Comprehensive Plan. Subsequently, the Plan was transmitted to the Florida Department of Community Affairs (DCA) for review. After review, DCA issued an "Objections, Recommendations and Comments" (ORC) report based upon its own staff review and reviews by several State and County agencies, as well as the South Florida Regional Planning Council. The ORC report contained 39 objections that the City was required to address, as well as several comments and suggestions in which the City was encouraged, but not required, to incorporate. Several of the objections addressed data and analyses contained in the support elements of the Plan that are not a part of the formal comprehensive plan to be adopted by the City. Many of the objections were highly technical in nature. The revised Comprehensive Plan has addressed all objections and most comments. The most significant changes to the adopted goals, objectives and policies are summarized below: · Many of the measures of effectiveness applied to each objective have been changed to establish measurable targets for implementation. The land use categories for non-residential land uses now incorporate maximum densities, expressed in terms of Floor Area Ratio (FAR). In addition, the Town Center land use designation now includes maximum residential and non-residential densities. The Future Land Use Plan Map now designates the Aventura Mall as a Metropolitan Urban Center, bringing it into conformity with the existing Miami- Dade County Plan Map. The City will develop a zoning category expressly for the Mall. · The Coastal Element now incorporates manatee protection criteria. The Coastal Element has been changed to include a series of policies relating to post-disaster recovery. These policies will guide the short-range repair and long range reconstruction of infrastructure and private developments. · Additional policies relating to the impact of new development on hurricane evacuation capability have been included. · A prioritization of water-dependent and water-related land uses along shorelines has been incorporated. · An objective and policies pertaining to the operation of the City's transit operations have been developed. Affordable housing policies have been clarified and updated to reflect regional affordable housing activities. Upon approval, the adopted elements of the revised Comprehensive Plan will be transmitted to the Florida Department of Community Affairs, who will then issue a Notice of Intent within 45 days to find the Plan either in compliance or not in compliance. Should the Plan be found in compliance, no further City Commission action will be required unless the City desires to amend the Plan. Staff will then provide the City Commission a final "approved" copy of the complete Comprehensive Plan (adopted element and support elements) as well as a working copy of the goals, objectives and policies. Should the Plan be found not in compliance, the City and the DCA will work together to prepare a settlement agreement specifying further revisions required of the Plan. Comprehensive Plan FUTURE LAND USE ELEMENT GOALS, OBJECTIVES and POLICIES Prepared for The City of Aventura Community Development Department 2999 N.E. 191 Street, Suite 500 Aventura, Florida 33180 (305) 466-8900 Prepared by IVEY, HARRIS & WALLS, INC. 631 S. Orlando Avenue, Suite 200 Winter Park, Florida 32789 (407) 629-8880 Table of Contents LAND USE GOAL ...................................................................................................................... 3~393 Objective 1 ................................................................................................................................ 33333 Objective 2 ................................................................................................................................ 99997 Objective 3 ........................................................................................................................ 101111119 Objective 4 ...................................................................................................................... 11 ~2-1-24~2:tO Objective 5 ...................................................................................................................... 1212121210 Objective 6 ...................................................................................................................... 13~t-3131-1- Objective 7 ...................................................................................................................... Objective 8 ...................................................................................................................... 1444t444t-2 Objective 9 ...................................................................................................................... 15~i~I~13 Objective 10 .................................................................................................................... 17~1717t5 Objective 11 .................................................................................................................... 1715151515 AVENTURA COMPREHENSWE PLAN MONITORING PROGRAM .................. 19t~t-919!6 LAND USE MONITORING AND EVALUATION AND APPRAISAL REPORTING PROCEDURES ................................................................................................................... 2020202017 City of Aventura Comprehensive Plan (DRAFT) Page 22219195 of ~023 Transmittal Draft ~51 proi I O0936.011 wp I gops \ strikethru \ land use. doc ~-~4~ra4~-fe, t-~rt~i~OOg-36,0~-~oF \ gzFz ~ ~th~u-~4and .............................. u~~~.~j.~.~:~ LAND USE GOAL PROVIDE THE BEST POSSIBLE DISTRIBUTION OF LAND USE AND SERVICES TO MEET THE PHYSICAL, SOCIAL, CULTURAL AND ECONOMIC NEEDS OF THE PRESENT AND FUTURE POPULATIONS .O.E....T.H....E.....C..I.T~ IN A T!F.S~ELY AND PRX:C~7~ ....... ,S~VENTUP~dS UNIQUE CHAP~CTER. Objective 1 The following land use densities, intensities and approaches shall be incorporated in the Land Development Regulations. Measure: Incorporation of the stated land use designations into the Land Development Regulations. Policy 1.1 The Future Land Use map shall identify all residential land as one of the following Residential Land Use Categories: Low Density. The residential densities allowed in this category shall range from a minimum of 2.5 to a maximum of 6.0 dwelling units per gross acre. This density category is generally characterized by single-family housing (e.g., single family detached, cluster, zero-lot-line and townhouses). It could include low-rise apartments with extensive surrounding open space or a mixture of housing types provided that the maximum gross density is not exceeded. Low-Medium Density. This category allows a range in density from a minimum of 6.0 to a maximum of 13 dwelling units per gross acre. The types of housing typically found in areas designated low-medium density include single-family homes, townhouses and low-rise apartments. Zero-lot-line single-family developments in this category shall not exceed a density of 7.0 dwelling units per gross acre. City of Aventura Comprehensive Plan (DRAFT) Page 32219~95 of ~023 Transmittal Draft f I pro/100936.011 wp I gops I strlkethru \ land use. doc~.~4~ra~nrn4f~l.~v~Oi~gg6~O_~_~_wp~s.~ik~t~u~4and ........................... u$~d~:.¥~.~_~_~j.l~.l~??~:~ Medium Density. This category authorizes apartment buildings ranging from 13 to 25 dwelling units per gross acre. The type of housing structure typically permitted in this category include townhomes and low-rise and medium-rise apartments. Medium-High Density. This category authorizes apartment buildings ranging from 25 to 60 dwelling units per gross acre. In this category, the height of buildings, and, therefore, the attainment of densities approaching the maximum, depends to a great extent on the dimensions of the site, conditions such as location and availability of services, ability to provide sufficient off-street parking, and the compatibility with and impact of the development on surrounding areas. Policy 1.2 The Future Land Use map shall identify all non-residential land as one of the following non I residential land use categories: Industrial and Office Marine industries, marine manufacturing operations, marine warehouses, marine showrooms, auto'warehouses, office buildings, hospitals and medical buildings and similar uses are permitted in areas designated as "Industrial and Office" on the LUP map. Also included are utility plants and public facilities. Only by conditional use approval as contained within the land development regulations may commercial uses be permitted within this land use category. The specific range and intensity of uses appropriate in a particular Industrial and Office property-va~-y--l~)Mo~-ai~on--a~-a--f~anc-tio~-of--~he-~-vmt~bit~t-y-of pubfic ~ervices and.-aeeess--andz-among-othe~--faet~rsr-eompatibili~y--~i-th-~eighboring devetopment:----T-hrough--the-zoning-review--proeessr-use-of -par ti~-~lar--si-tes-or -areas-'may-Joe timitcd to--something Icss--than~he--ma-ximum- -~ilo~ed-ir~qhis-~egory. Mo~eove~r~pe~-ial timi~ations._may_.be_._impose d~_~he~e_...neeessa~y--lo--proteet --en¥/~onmen~at--resomcees is dependent on the particular land uset design, urban services, transportation environmental and social conditions on and around the subject parcel at the time of approval including consideration of applicable goals, objectives and policies, and the provisions of applicable land development regulations which serve to implement the comprehensive plan. City of Aventura Comprehensive Plan (DRAFT) Page ~2~!~!95 of ~023 Transmittal Draft ~ I pro[ 100936.011 wp I gops I strikethru \ land use. doc~t.~.br~a~cn~f~l.~ot~OOgg6~O-l-~-wp~ , ~z ,~4~ik, t,h~u-¥1and .............................. usad~e#~~!.r:.u.?x ~ -~ The maximum allowable development intensity shall be a floor area ratio of total building square footage (not including parking structures) divided by the net lot area of the development parcel of 2.0. Actual intensities approvable to a given site may be significantly lower than the maximum where necessary to conform to an overriding Plan policy, or to maintain compatibility of the development with its surroundings. Business and Office This category accommodates the full range of sales and service activities. Included are retail wholesale, personal and professional services, commercial and professional offices, hotels, motels, hospitals, medical buildings, nursing homes, entertainment and cultural facilities, amusements and commercial recreation establishments. However, private commercial marinas may only be permitted as a conditional use as contained within the land development regulations. These uses may occur in self-contained centers, high-rise structures, campus parks, Town Centers or in nodes defined by the intersection of two arterial roadways or the intersection of an arterial and a local or collector street. Additionally, the Metropolitan Urban Center (MUC) des~ignation as described and adopted within the Miami-Dade Comprehensive Master Development Plan may be applied as an overlay within this land use category, s~i~s-along-t~ighways=-~-~eviewmg-~onmg--request$ ~r_sit e..ptans;.-~h~-speeifie--mtensi{y--o~d-~ange--o~---use~;--an~--dimensions;--~ on figur atio~--and design ~on$idete~L--t~-~oe-apl~priate- will--depend--on-~o~,~tioP~al-4a~ors~-par4ieu~arly c~mpa{ibiiit~--w4hh--both-~tjaeent--~nd--ad~oming--us e s, -an4-avaitab~li~y--o f--high~ay--e~p ~i~; ease~f--a~es~,and--avaflabiliPj~of-o~her public-ser-Wees--anddaeifi:ties;-Ur, cc, sho~ald-be4imited ~hen-.neeessasy--t~.-pm tee~-b o*h--adjacenbamt-adjeining-~esidential use-from-such-impact,-as noise-er-t~affie: · ~...0~ ...... ~ office areas City of Aventura Comprehensive Plan (DRAFT) Page 52319195 of ~O23 Transmittal Draft t~ I proi \ 00936.01 \ wp t gops I strikethru I land ~se, doc¥¥~ra~f~t-~p~o~ O~gg6,0-~-wp~ 'dopz ~ ~-r4k~thru-~4and ................................ us~d~g~_~2.¥g~s .{~.!.k..~J£~:~-~-- designe44~an$iti~n-~-a~¥.a~jaeent-~r-a~j~imng-~esi~entia~.~y.~eve~p~.~e~i~a~s (ff-~li~ferent.~tevel~pment--intensity~ The specific range and intensity of uses appropriate in a particular Industrial and Office property is dependent on the particular land uset designf urban services, transportation, environmental and social conditions on and around the subject parcel at the time of approval Including consideration of applicable goals, objectives and policies, and the provisions of applicable land development re!a~ulations which serve to implement the comprehensive plan. The maximum allowable development intensity shall be a floor area ratio of total building square footage (not including parking structures) divided by the net lot area of the development parcel of 2.0. Actual intensities approvable to a given site may be significantly lower than the maximum where necessary to conform to an overriding Plan policy, or to maintain compatibility of the development with its surroundings. Town Center A--~tiver~f:ie4-Town Centers is-- are encouraged to become a-hub_s for future urban development in Aventura, around which a more compact and efficient urban structure will evolve. -:tt~e-Town Centers is- are intended to be moderate- to high-intensity design-unified areas which will contain a c-oneent~ation-- mixture of different urban functions integrated both horizontally and vertically. --The--Town Center_s shall be characterized by physical cohesiveness, direct accessibility by mass transit service, and high quality urban design. The development of each Town Center will be managed through the creation of a thematic plan which shall outline its major characteristics and specify the design and regulatory tools necessary to achieve those characteristics. The implementation Town Centers may be directed through the establishment of zoning and other land use regulations unique to each zone. Town Centers will act as the primary method by which the City shall implement Miami-Dade County's network of urban centers, and the planning and regulatory measures used to designate and guide such areas will be developed in general conformity with the County's urban center designation~ where the urban center designation adheres to those land development regulations that serve to implement the City's comprehensive plan. City of Aventura Comprehensive Plan (DRAFT) Page 6231919~ of ~023 Transmittal Draft .~ t proi \ 00936,01 \ wp I gops I strikethru I land use.doc¥~4~rai~4f~1-¥pr~i~t~36:O-~-~F The locations and the mix and configuration of land uses with the Town Center should be designed to encourage convenient.-attematives--t~--t~avel--by--a~t~mobfle, internal pedestrian circulation to provide more efficient land use than recent suburban development forms, and to create an-identifiable--!:T-ow~-C--enter-~-t--fo~--Aven~a centers of activity.---17he--eente~- They shall be designed to create and identify a distinctive sense of place through unity of design and distinctively urban architectural character of new development and redevelopment. The Town Center designation can be applied as an exclusive land use category on the future land use plan map~ or can be overlaid on any existing Business and Office and Industrial and Office land use plan map designation meeting all the criteria set forth in the Land Use Element. No Town Center shall be less than 5 acres in size. All Town Centers shall be conti~;uous and directly accessible from an arterial or urban collector roadway. The core of the center should contain business, employment, civic, and/or high- or moderate-density residential uses, with a variety of moderate-density housing types within walking distance from the centers. Both large and small businesses are encouraged in the center, but the Town Center shall contain prkmari!y . numerous moderate and smaller sized businesses which serve, and draw from, the nearby community. Design of developments and roadways within the centers will emphasize pedestrian activity, safety and comfort, a~ wcll az ~,~.a .......... · the rapid and convenient movement of motor vehicles. Transit and pedestrian mobility will be increased and areawide traffic will be reduced in several ways: proximity of housing and retail uses will allow residents to walk or bike for some daily trips; provision of both jobs, personal services and retailing within walking distance of transit will encourage transit use for commuting; and conveniently located retail areas will accommodate necessary shopping during the morning or evening commute or lunch hour. The designation of an area as a Town Center indicates that governmental agencies encourage and support such development. The City will give special emphasis to providing a high level of pedestrian conveniences and public mass transit services to the Town Center. Given the high degree of accessibility as well as other urban services, the provisions of this section encourage the intensification of development at-the-~w~enter-over time. Because some Town Centers are proposed to evolve from existing non-residential areas, the City of Aventura Comprehensive Plan (DRAFT) Page 72219195 of ~023 Transmittal Draft .~ \ pr oj 100936.011 wp I gops \ strikethru \ land u_se, doc¥\-brai~bt-~proj~O~9~6~Ol-~-~op~ gopc proportion of land given to residential uses will vary over time. However, any area. designated as a Town Center should have the capability of being developed or redeveloped with an ultimate residential population of no less than approximately 1,000 persons, and a combined density of 13 dwelling units and 50,000 square feet of non-residential use per acre. Within Town Centers, a maximmm floor area ratio of 2.0 and a maximum residential density of 25 dwelling ttnits per gross acre shall be allowed. Parks and Recreation The Land Use Plan map specifically illustrates parks and recreation areas of particular significance. The general location of future proposed parks, are reflected on the Future Land Use Map as dashed line areas, these are intended to only be generalized locations. As such, these park facilities should not be assumed to be located upon any specific property, until such time as the City Commission specifically designates a park site. Also illustrated are golf courses and other parks of significant community significance. Compatible parks are encouraged in all of the residential categories and may be allowed in all other categories of the LUP map. The siting and use of future parks and recreation areas shall be guided by the Parks and Recreation, and Capital Improvement Elements, and by the goals, objectives and policies of the Plan. Both governmentally and privately owned lands are included in areas designated for Parks and Recreation use. Most of the designated privately owned land either possesses outstanding environmental qualities and unique potential for public recreation, or is a golf course included within a large scale development. The long term use of such golf courses is limited by deed restriction Certain commercial activities that support the recreational uses and relate to the resources of the park, such as marine supply stores, fuel docks or tennis clubhouses may be considered for approval in the Parks and Recreation category. Other commercial recreational, entertainment or cultural uses may also be considered for approval in the Parks and Recreation category if they are related to, and would increase the quality, utility or enjoyment of the site and its natural, historical, and archaeological resources and facihties. Policy 1.3 City of Aventura Comprehensive Plan (DRAFT) Page 82517.9~ of ~4)23 Transmittal Draft tl I proi 100936,0I \ wp I gop$ I strlkethru I land use. doc~.~.~ra~n4f~t.~pro~OOg~6~O-t-¥wp~p~br~e~k~u-~4and ............................... Community facilities (including schools) and places of worship shall be allowed on property with a residential or business and office land use designation through the conditional use procedures found in the City's land development regulations=~ and shall also be encouraged within Town Centers when such placement results in the collocation of schools with other educational and cultural resources such as libraries, museum, conservatories, and auditoriums. Objective 2 The Future Land Use Plan shall emphasize concentration and intensification of development around centers of activity, development of well designed communities containing a variety of uses, housing types and public services, renewal and rehabilitation of blighted areas. [9J-5.006 (3)00)(2)] ........................... ,.~ ....... Residential and non-residential land use densities within the City by LUP map category. Policy 2.1 In planning and designing all new development and redevelopment, the City shall vigorously promote implementation of the guidelines contained in the "Urban Design Element". Policy 2.2 To promote housing diversity and to avoid creation of monotonous developments, Aventura shall vigorously promote a variety of housing types in residential commttnities and Town Centers through its planning, zoning, subdivision, site planning and other regulatory activities. Policy 2.3 Business developments shall preferably be placed in clusters or nodes in the vicinity of collector or greater roadway intersections and not in continuous strips or, with the exception City of Aventura Comprehensive Plan (DRAFT) Page 9231919E of .2023 Transmittal Draft f I pr oj 100936.011 wp I gops \ strikethru ~ land use, doc ~ \ bre.n ymbt-~proj~O09$6.0-t ~-wp~t~s-~a'~ke~k~u-~ land .............................. u~doe~:.~-p.~-O0-936 0~~_~.~ of small neighborhood nodes, in isolated spots. Business developments shall be designed to anchor adjoining smaller businesses or the adjacent business district. Non-residential zoning will not necessarily be warranted on a given property merely due to adjacent roadway construction or expansion, or by its location at the intersection of two roadways. Policy 2.4 The City shall promote good urban design, water and energy conservation and wildlife habitat when designing sites and selecting landscape material for all pubhc projects. Policy 2.5 Public facility and service provided shall give priority to eliminating any infrastructure deficiencies to facilitate rehabilitation or renewal of areas. Policy 2.6 In formulating or amending development regulations, Aventura shall avoid creating disincentives to redevelopment. Objective 3 Decisions regarding the location, extent and intensity of future land use in Aventura will be based upon suitable environmental conditions and the financial feasibility of providing, by the year 2005, services at levels of service (LOS) that meet or exceed the minimum standards adopted in the Capital Improvements Element. [9J-5.006(3)(b)l] Measure: Number of development actions that exceeded adopted level of service standards. Policy 3.1 All development orders authorizing new, or significant expansion of existing land uses, shall be contingent upon the provision of services at or above the Level of Service (LOS) standards specified in the Capital Improvements Element (CIE) at the same time as the land uses are authorized. [9J-5.006(c)3] City of Aventura Compreheasive Plan (DRAFT) Page 102219195 of ~023 Transmittal Draft ~ 1 pr oi \ O0936.01 \ wp \ gops 1 strikethru I land use. doc\ \ br ~,,~ , n~f~oj½ 0~gg6~O t Ym~ ~cVc \ ~r~keth~u'\4and ............................... Policy 3.2 Aventura shall maintain and enhance, as necessary, impact fee and comparable programs and procedures to require all development, regardless of size, to contribute its proportionate share of capital facilities, or funds or land thereof, necessary to accommodate impact of the proposed development or increment of redevelopment over and above preexisting development on a site. Aventura shall periodically review and update fee schedules to ensure that ail pubhc marginal costs are appropriately recognized, and that fee structures reflect pertinent geographic variability in facility usage. Policy 3.3 Municipal agencies shall continue and, where possible, improve their efforts to coordinate projects to construct or repair infrastructure such as roadways and utilities in order to minimize the disruption and inconvenience caused by such construction activities. Policy 3.4 The Community Development Department shall coordinate and centralize the compilation of monitoring information necessary to make determinations regarding existing and projected Levels of Services and to prepare Evaluation and Appraisal Reports for submittal to the State land planning agency, as required by Chapter 163, F.S. and Rule 9J-5, F.A.C. Objective 4 Upon the adoption of the Plan, the location, design and management practices of development and redevelopment shall ensure the protection of natural resources and systems by recognizing, and sensitively responding to these constraints including historical resources. [9J-5.006(3)(b)4] Measure: N-umber--of-development--aetions--tatqen-'w-ith''°~t'art'envir°nmental-review'' Acres of environmentally sensitive lands preserved within the City. City of Aventura Comprehensive Plan (DRAFT) Page 11221919~ of g023 Transmittal Draft ~ I proi \ 00936,011 wp I gops \ strikethru I land use. doc ~ \ br~x \ Policy 4.1 Development orders in Aventura shall be consistent with the goals, objectives and policies contained in the Conservation and Coastal Management Elements of this Plan, and with all applicable environmental regulations, as well as all other Elements of the Plan. Objective 5 Aventura shall, by the year 2005, reduce the number of land uses w?.'cF, are inconsistent with the uses designated on the LUP map or with the character of the surrounding community. [9J-5.006(3)(b)3] Measure: .N~ambe~--of.-meonsis~ent--or.--incomp~t-ible--properties:-- Acrea~;e of inconsistent or incompatible properties by LUP map category. Policy 5.1 When evaluating compatibility among proximate land uses, the City shall consider such factors as; noise, lighting, shadows, glare, vibration, odor, runoff, access, traffic, parking, heights, bulk, scale of architectural elements, landscaping, hours of operation, buffering, and safety, as applicable. Policy 5.2 Through implementation of the land development regulations, residential neighborhoods shall be protected from intrusion by uses that would disrupt or degrade the health, safety, tranquillity, character, and overall welfare of the neighborhood. [9J-5.006(3)(c)2] Policy 5.3 Supportive but potentially incompatible uses shah be permitted on site within functional neighborhoods, communities or districts only where proper site design can and will be used to integrate the compatible and complementary elements and buffer any potentially incompatible elements. City of Aventura Comprehensive Plan (DRAFT) Page 122319195 of :3023 Transmittal Draft fl I proi 100936,01 ~ wv \ ~ovs \ strikethru \ land use. doc 3t-~ brai~n4bt-~p~o~OOgg&O-t-~-w~ ~opc I ~riketh~u-~-~and .............................. Policy 5.4 Through its planning, regulatory, capital improvements and intergovernmental coordination activities, Aventura shall ensure that suitable land is provided for placement of utility facilities necessary to support proposed development. Necessary utility facilities may be located in all land use categories. [9J-5.006(3)(b)9] Objective 6 Upon the adoption of the Aventura Plan, all subsequent public and private activities regarding the use, development and redevelopment of land and the provision of urban services and infrastructure shall be consistent with the goal objectives and policies of this Element, with recognized Population Estimates and Projections, and with future uses designated on the adopted Future Land Use Plan (FLUP) map, and as balanced with the Goals, Objectives and Policies of all Elements of the Comprehensive Plan. Measure: Number of development actions that are inconsistent with the Goals Objectives and Polices of the adopted Aventura Comprehensive Plan. Policy 6.1 All development orders authorizing a new land use or development, or redevelopment, or significant expansion of an existing use shall be contingent upon an affirmative finding that the development or use conforms to, and is consistent with the goals, objectives and policies of the Plan including the Land Use Plan Map. Objective 7 The City of Aventura shall protect, preserve, ensure the proper management, and promote public awareness of historical, architectural and archaeologically significant sites. Measure: Number .__A_c_r_e.s~_.of identified historical, architectural and archaeologically significant sites idcn~ficd..P.r.~.s.~e..r...v...e-.d.~..b..y....L-U-?...~E.c...a..t...e.g9..r..y.. City of Aventura Comprehensive Plan (DRAFT) Page 1223191~a~ of ~02~3 Transmittal Draft J: I proj 100936.011 wp I gops I strikethru \ land use. doc ½-\-bra~¥n4[~t-~rl~o~OOg-36~O-t-\'wP~ go~ ~ ~et~u-~-~nd ............................... u~~~i~:~ Policy 7.1 Objective 8 The City of Aventura Community Development Department shall maintain a process for periodic amendment to the Land Use Plan map, consistent with the adopted Goals, Objectives and Policies of this Plan. Measure: Number of opportunities to amend the Aventura Comprehensive Plan. Policy 8.1 The City ComnUssion, upon recommendahon of the City Manager, shall estabhsh opportunities for the consideration of amendments to the Aventura Comprehensive Plan. The City Commission shall not establish more than the State imposed maximum number of opportunities, currently two opportunities per year. Small scale amendments or emergency amendments shall be exempt from this limitation, as provided for in State law. Policy 8.2 Applications to amend the City's Future Land Use Plan map shall be evaluated to consider consistency with the Goals, Objectives and Policies of all Elements, other timely issues, and in particular the extent to which the proposal, if approved, would: 1. Satisfy a deficiency in the Plan map to accommodate projected population or economic growth of the City; City of Aventura Comprehensive Plan (DRAFT) Page 112219195 of ~2023 Transmittal Draft fi I proi 100936 O I \ wp I ~ops I strikethru I land use doc 2. Enhance or impede provision of services at adopted LOS Standards; 3. Be compatible with abutting and nearby land uses and protect the character of established neighborhoods; and 4. Enhance or degrade environmental or historical resources, features or systems of significance. Policy 8.3 The City shall strive to accommodate residential development in suitable locations and densit/es which reflect such factors as recent trends in location and design of residential units; projected availability of service and infrastructure capacity; proximity and accessibility to employment, commercial and cultural centers; character of existing adjacent or surrounding neighborhoods; avoidance of natural resource degradation; maintenance of quality of hfe and creation of amenities. Objective 9 Aventura shall continue to maintain, update and enhance the municipal code, administrative regulations and procedures, to ensure that future land use and development is consistent with the Plan, and to promote better planned development and communities with well designed buildings. [9J-5.006(3)(b)10] Measure: Number of City sponsored amendments to the Land Development Code. Policy 9.1 Aventura shall continue to maintain, and enhance as necessary, regulations consistent with the Plan which govern the use and development of land and which, as a minimum, regulate: [9J-5.006(3)(c)11 City of Aventura Comprehensive Plan (DRAFT) Page 152~19195 of ~02~3 Transmittal Draft ~ I proi 100936.011 wp I gops I strikethru I land use. doc~ ybrai~¥n4f~l-~o~O~$6~O-t-~-~ ~op~ 1. Land use consistent with the Land Use Element and Level of Service Standards; 2. Subdivision of land; 3. Areas subject to seasonal or periodic flooding; 4. Stormwater management; 5. Protection of environmentally sensitive lands; 6. Signage; and 7. On-site traffic flow and parking to ensure safety and convenience and that no avoidable off-site traffic flow impediments are caused by development. Policy 9.2 Aventura shall continue to investigate, maintain and enhance methods, standards and regulatory approaches which facilitate sound, compatible mixing of uses in projects and communities. [9J-5.006(3)(b)3] Pohcy 9.3 The City within one (1) year of adoption of this Plan shall enact land development regulations that include provisions for: [9J-5.006(3)(c)4] 1. Open space in the form of squares, plazas, or green areas in residential and commercial zoning categories; 2. Diversity of uses in or adjacent to residential districts, including neighborhood designs that have a mixture of retail, residential, office, institutional and service business uses in close proximity; 3. Diversity of housing and construction types; 4. Parking requirements for all zoning districts to allow and retain on-street parking where appropriate. City of Aventura Comprehensive Plan (DRAFT) Page_152~ 19195 of ~23 Transmittal Draft ~ I proj 100936~011 wp I gops I strikethru I land use. doc~-¥brain~n4f~t-~p~o~OOg$6~O-t-~-wp°t gopc 5. A hierarchy of street types and designs, ranging from pedestrian and bike paths to boulevards that serve both neighborhood and areawide vehicular and pedestrian trips. Objective 10 Energy efficient development shall be accomplished through land use patterns, site planning, landscaping, building design and development of multi-modal transportation systems. Measure: No feasible measure exists. Surrogate measure: Residential and non-residential land use densities within the City by LUP map category. Policy 10.1 Aventura shall facilitate redevelopment of substandard or underdeveloped areas, high intensity activity centers, mass transit supportive development and mixed use projects to promote energy conservation. Objective 11 Upon the adoption of the Plan, the location, design and management practices of development and redevelopment shall ensure the protection of natural resources and systems by recognizing, and sensitively responding to constraints posed by soil conditions, topography, water table level, vegetation type, wildlife habitat, and hurricane and other flood hazards. Measure: Acres of environmentally sensitive land by LUP map category; acres of developed land not serviced by sanitary sewer system by LUP map category; acre-days of land flooded by LUP map category. City of Aventura Comprehensive Plan (DRAFT) Page 172219195 of L~023 Transmittal Draft fi I proj 100936,0I \ wp I gops I strikethru \ land use.doc3rybrai~t~f~t.¥pvoj~tOOgg6~O.t4.w~,s-~31riketk-ru44and ............................ Pohcy 11.1 Development orders in Aventura shall be consistent with the goals, objectives and policies contained in the Conservation and Coastal Management Elements of this Plan, and with all applicable environmental regulations, as well as all other elements of the Plan. Policy 11.2 All signLficant natural resources and systems shall be protected from incompatible land use including inland wetlands and forested portions of Environmentally Sensitive Sites as identified in the Conservation Element, as may be amended from time to time. Objective 12 The City of Aventura coordinate its coastal planning area population densities with the South Florida Regional Planning Council and the Miami-Dade County office of emergency management. Policy 12.1 All proposed Comprehensive Plan amendments that increase density (population) shall be required to submit~ at the time of application~ an analysis of the impacts of the proposed amendment upon the evacuation routes and evacuation times as included within the South Florida Regional Hurricane Evacuation Study, April, 1996, or as may be amended from time to time. Policy 12.2 The City shall not approve any Comprehensive Plan amendment that increases density (population) and results in evacuation times exceeding 12 hours. Objective 13 To address the current school siting needs and to coordinate with other governmental entities to discuss projected student membership and site size deficiencies. City of Aventura Comprehensive Plan (DRAFT) Page 18 2 2 ! 9 ! 9 c~ of -2023 Transmittal Draft fi I proj 100936.011 wp I gops I strikethru I land Policy 13.1 AVENTURA COMPREHENSIVE PLAN MONITORING PROGRAM In order to enable the preparation of the periodic Evaluation and Appraisal Report (EAR) required by Section 163.3191, Florida Statutes (F.S.), the Minimum Criteria Rule (Rule 9J-5. Florida Administrative Code [F.A.C.]) requires that local comprehensive plans contain adopted procedures for monitoring and evaluating the Plan and its implementation (Sections 9J-5.005(1)(c)(5), and 9J-5.005(7), F.A.C.). This sechon outlines the substantive components of Aventura's monitoring program pertinent to the objectives, policies and parameters referenced in the Aventura Comprehensive Plan. The administrative requirements for monitoring and preparation of the EAR that are outlined in Section 9J-5.005(7), F.A.C. are discussed in the following section. An important part of the implementation of the Aventura Comprehensive Plan will be the programs for monitoring of progress and evaluation of accomplishments. These programs are set forth in the Elements of the Plan. Each objective in the Plan is followed by a measure that will be utilized in order to evaluate the effechveness of the City's progress towards accomplishing the stated objective. The monitoring program will consist of periodic reviews of the stated measurable objectives. The intervals for these reviews and the assignment of responsibility are described below. Intervals CiO/of Aventura Comprehensive Plan (DRAFT) Page 192219195 of ~02~3 Transmittal Draft ~ I proi 100936 01 \ wp I gops I strikethru I land use, doc 3i_~bram:%n4fs.~p~oi.~936:O-~.\-wp~ gopc l,~d-~iket~u-~4and .............................. The periodic review of measurable objectives will occur-on4hese-se4',edu!cs: The~.C..~mmtmity.~D~ve~men~t~.Depar~men~w~i~-be..~esp~nsib~e-f~-p~e~a~mg..m~ni~mg ~epor-ts-that-~e- to be~qade-annuatt55--a~---o~he~-appm?~ia~e---times~'aatdor-~the-five-yea~ Eyal~aatio~--~nd-A-pl~isat---R~po~S~= prior to, and m anticipation of, the next regularly scheduled Evaluation and Appraisal Report. LAND USE MONITORING AND EVALUATION AND APPRAISAL REPORTING PROCEDURES In order to enable the preparation of the periodic Evaluation and Appraisal Report (EAR) required by Section 163.3191, Florida Statutes (F.S.), the Minimum Criteria Rule (Rule 9J-5. Florida Administrative Code [F.A.C.]) reqmres that local comprehensive plans contain adopted procedures for monitoring and evaluating the Plan and its implementation (Sections 9J-5.005(1)(c)(3), and 9J-5.005(7), F.A.C.). Additional requirements include the successful implementation of level of service standards, requirements that service be available at the hme of development, and reqmre the maintenance of monitoring and reporting programs. The admimstrahve requirements for monitoring and preparation of EAR as outlined m Section 9J-5.005(7), F.A.C., are included m this section of the Plan. In order to avoid redundancy they are not repeated m other Plan elements. However, each Plan element contains a presentation of the monitoring requirements for each specific objective m that element. This section also outlines the substantive components of Aventura's monitoring program pertinent to the objectives, policies and parameters referenced m the Future Land Use Element. This program will be refined over the reporting period, as more experience is gamed. EAR Contents and Formulation Procedure Aventura EAR reports will contain an assessment and evaluation of successes and failures m accomplishing the adopted Objectives of the Plan as measured against the measures listed m City of Aventura Comprehensive Plan (DRAFT) Page 202319195 of ~:02~3 Transmittal Draft ~ I proi \ 00936.011 wp \ gops \ strikethru \ land use. doc3t-¥braie*¥~fM-~I~o~OOg$6~O-t-\-wp3~ the monitoring programs contained in each of the Plan elements. The EAR shall report findings specific to each element based on the measures and will address: A description of the public participation process used in preparing the report; Updating appropriate baseline data and measurable objectives accomplished since adoption of the Plan; 1. Accomplishments during the reporting period, describing the degree to which the goals, objectives and policies have been successfully reached; 2. Obstacles or problems which resulted in underachievement of goal, objectives, or policies; 3. New or modified and reformulated goals, objectives, or policies needed to correct discovered problems; 4. The extent to which unanticipated and unforeseen problems and opportunities occurred between the date of adoption and the date of the EAR; 5. The effect on the Plan of changes to: Chapter 187, F.S., the state comprehensive plan, Chapter 163, Pt. II, F.S.; the minimum criteria contained in Chapter 9J-5, F.A.C.; and the South Florida Regional Policy Plan; 6. The major problems of development, physical deterioration, and the location of land uses and the social and economic effects of such uses; 7. The identification of any actions that are taken or needed to be taken to address the planning issues identified in the EAR; 8. Proposed or anticipated plan amendments necessary to address or implement the identified changes. 9. Other requirements of Florida comprehensive planning law. City of Aventura Comprehensive Plan (DRAFT) Page 212219!9E of ~023 Transmittal Draft ~ I proi \ 00936.011 wp I pops I strikethru I land use. doc~-~.br~i~*¥m[~1-~o~3tO0936~04-\~o~ \ 10. The EAR will also contain a schedule for the adoption of any proposed amendments within one year after the EAR itself is adopted. The activities related to preparation of the EAR will commence approximately one (1) year prior to the date established for adoption of the EAR. The following activities are anticipated: Community Development Department will compile information regarding measured and monitored objectives and policies,---~q~---mfor-m~t4on---w-itl----be ~al~lat edz-anatyze(l-an4-s~mm~ri-zed,- · A draft report will be circulated to city departments and any independent service providers for comment and recommendation. A revised draft EAR will be distributed to the public. workshop(s) will be conducted to solicit and obtain recommendations. Advertised public public input and · The proposed EAR will be transmitted to the City Manager, Local planning Agency, and City Commission. · The City Commission will take timely action to adopt the EAR with or without changes, or to reject it as prescribed by applicable regulations. EAR based amendments will be initiated by the Corrununity Development Department during the Plan amendment filing period which occurs concurrent with or immediately following the adoption of the EAR. The EAR will be transmitted to the Florida Department of Community Affairs when the related Plan amendments are transmitted to the State for its review of the amendments. Aventura's procedures for locally evaluating and adopting Plan amendments, EAR based and otherwise, will include public notice through newspaper advertisement; courtesy (not required) mailed notice to owners of property within an area subject to a privately filed City of Aventura Comprehensive Plan (DRAFT) Page 222~19195 of ~23 Transmittal Draft fl I pro~ 100936,011 wp I gops I strikethru I land use. doc¥~hradn~n4f~l_~pro~OO936~O.t.\-~p~e~s-~f-r~kel~u-~4and ......................... u~d~fi~¥pZ~~~b..r_~:~.~ apphcation to amend the land use designation on the Land Use Plan Map and owners of property adjacent to such an area; dissemmation of reports describing proposed amendments; opportunities for public written and oral comment and consideration of comments; and duly nohced public hearings. City of Aventura Comprehensive Plan (DRAFT) Page 222219195 of ~4¢23 Transmittal Draft .~ \ vroi \ 00936.01 \ wv \ ~tovs \ strikethru I land Comprehensive Plan CONSERVATION & COASTAL MANAGEMENT ELEMENT GOALS, OBJECTIVES and POLICIES Prepared for The City of Aventura Community Development Department 2999 N.E. 191 Street, Suite 500 Aventura, Florida 33180 (305) 466-8900 Prepared by IVEY, HARRIS & WALLS, INC. 631 S. Orlando Avenue, Suite 200 Winter Park, Florida 32789 (407) 629-8880 Table of Contents COASTAL GOAL .................................................................................................................................... Objective 1 ............................................................................................................................................ 42o4~g Objective 2 ............................................................................................................................................ 4g4tgg Objective 3 ............................................................................................................................................ 549444 Objective 4 ............................................................................................................................................ 656~55 Objec~ve 5 ............................................................................................................................................ 7~6 Objec~ve 6 ............................................................................................................................................ 87gt~ Objec~ve 7 ............................................................................................................................................ 9E9178 Objec~ve 8 ............................................................................................................................................ 989~88 ObjecHve 9 ........................................................................................................................................ 1091~1E8 O~ec~ve 10 ...................................................................................................................................... 10910!~ CONSERVATION GOAL ........................................................................................................... 23202111~I0 Objec~ve 1 ................................................................................................................................. 232~t~t0 Objec~ve 2 ................................................................................................................................. 232021116t0 Objective 3 ................................................................................................................................. 2522~t~t~ Objec~ve 4 ................................................................................................................................. 26~t3 Objec~ve 5 ................................................................................................................................. 272425t~t4 Ci~ of Av~tura Compreh~sive Plan (D~FT) Page 2~ of ~5 Transmittal Draft Objective 6 ................................................................................................................................. ~..~.~25~2~t4 City of Aventura Comprehensive Plan (DRAFT) Page 32.g2~$/~9 of 3I t-5 Transmittal Draft THE GOALS, OBJECTIVES, AND POLICIES FOR THE CONSERVATION ELEMENT HAVE BEEN COMBINED WITH THE GOALS, OBJECTIVES, AND POLICIES FOR THE COASTAL MANAGEMENT ELEMENT BECAUSE THEY ARE COMPLEMENTARY WITHIN A COASTAL COMMUNITY SUCH AS AVENTURA. COASTAL GOAL TO PROTECT, CONSERVE, OR ENHANCE THE COASTAL RESOURCES; SUCH THAT WHERE APPROPRIATE, DEVELOPMENT ACTIVITIES THAT WOULD DAMAGE OR DESTROY THE RESOURCES ARE RESTRICTED; HUMAN LIFE IN THE COASTAL AREA IS PROTECTED; AND THAT PUBLIC EXPENDITURES IN AREAS SUBJECT TO NATURAL DISASTER ARE LIMITED~9j-5.012(2)(a)] Objective 1 The City will continue to meet or exceed the minimum air quality standards established by the Department of Enwronmental Protect~on~9J-5.013(2)(b) ] Measure: Maintenance or improvement of air quality within the Miami-Fort Lauderdale airshed. Policy 1.1 The City shall maintain compliance with its traffic level of service standard thereby avoiding congestion that would adversely impact air quality. Objective 2 As part of the internal consistency requirement of the Comprehensive Plan elements the conservation efforts to protect water sources and waters that flow into estuarine waters or oceanic waters will be coordinated with the Infrastructure Element, onsite drainage standards will ensure that private properties retain at least the first inch of stormwater on site and permit City of Aventura Comprehensive Plan (DRAFT) Page 424k2~ 849 of 31t-~ Transmittal Draft c:.zz~.zLde,c k-¥bra~nk~4f~l-kproj{OO936,0-t-\-wp-~xek~-\4r~nsrmt~e41ce*nse~e-e~a~tal;doe no more run-off after development than before development. [9J-5.013(2)(b)2] and [9J- 5.012(3)(b)2] Measure: Number of permits issued that comply with adopted drainage levels of service. Pohcy 2.1 Through implementation of the land use plan and implementing land development regulations sufficient restrictions will be in place to direct, activities and land uses known to affect the quality and quantity of identified water sources adversely, away from these sources, including natural groundwater recharge areas, wellhead protection areas and surface waters used as a source of pubhc water supply. Implementation of the Stormwater Utility Program will ensure that the storm sewer system standards will be maintained as delineated in the Infrastructure Element. [9J-5.013(2)(c)1 and 6] and [9J-5.012(3)(c)1 and 2] Policy 2.2 Aventura will adhere to and promote emergency water conservation efforts in accordance with the South Florida Water Management District's plan. [9J-5.013(2)(c)4] Objective 3 Through implementation of the land use plan and subsequent land development regulations the remaining native vegetative communities, and appropriate minerals and soils conditions will be conserved and implementation mechanisms will be developec~gJ-5.013(2)(b)3] Measure: Adoption of Land Development Regulahons that protect native vegetative communities, including environmentally sensitive land. Policy 3.1 Currently, there are no areas within the City limits that are suitable for mineral extraction, and due to the level of existing and expected development it is not expected that there will be any, City of Aventura Comprehensive Plan (DRAFT) Page 52.82454-9 of 311-$ however, it is recognized that conservation, protection and appropriate use of natural resources is necessary. [9J-5.013(2)(c)2] Policy 3.2 Through implementation of the land use plan and implementing land development regulations any remaining native vegetative communities, including environmentally sensitive lands, will be protected from development activities. [9J-5.013(2)(c)3] and [9J-5.013(2)(c)9] Objective 4 Through its intergovernmental coordination mechanisms Aventura will work to conserve, protect and appropriately use marine habitat, wildlife habitat, wildlife and fisheries consistent with the South Florida Regional Planning Council Policy Plan, and any applicable state or federal regulation, the City will adopt conservation procedures as part of its land development regulations. [9J-5.013(2)(b)4] Measure: Adoption of conservation regulations consistent with the stated objective. Policy 4.1 Those known development activities that adversely affect the survival of endangered and threatened wildlife will be restricted in a manner consistent with applicable state and federal regulations. [9J-5.013(2(c)5] Policy 4.2 By the adoption of the City's conservation ordinance natural functions of existing soils, fisheries, wildlife habitats, rivers, bays, lakes, harbors, marine habitats, including wetlands and estuarine marshes will be protected. [9J-5.013(2)(c)6] Pohcy 4.3 As part of the internal consistency requirement of the Comprehensive Plan elements areas identified in the Parks and Recreation Element as existing natural reservations will be protected. [9J-5.013(2)(c)7] City o/Aventura Comprehensive Plan (DRAFT) Page 62.g24fi~9 of 31t.~ Transmittal Draft c-oas~g~4oz ~ ~ ~rz!n \ xtra I ~, Frcf ~ 90925.01 caaataLdac~.¥brai~}n4fst.~vl~oj-~OOg$6,Ol'\'wp-~l~s'\'tr~'nsmitta~¥c~nser:°e-~astatd~e Policy 4.4 Based on the determinations made by the City's conservation regulations environmentally sensitive lands will be designated. [9J-5.013(2)(c)9] Policy 4.5 In an effort to protect natural resources, hazardous wastes will be handled in a manner consistent with applicable state and federal regulations. [9J-5.013(2)(c)10] Pohcy 4.6 In an effort to further the goals and objechves of the Conservahon Sub-element, and consistent with the pohcies estabhshed by the Intergovernmental Coordination Element the City of Aventura will cooperate with adjacent local governments in the common effort to protect natural resources and the environment. [9J-5.013(2)(c)8] Objective 5 Realizing that there is limited remaining coastal wildlife habitat in Aventura, i~-.will-.l~.such remaining areas shall be l~rotected Frztected ~r ....... :~~ ~ ..... c-- procedure~-wi~hln,one-{-t)--year-of-adoptlonfrom development and when practical enhanced bv development [9J-5.012(3)(b)l] Measure: Adoption-of.¢onser-va-tion.-regulations-that--protec-ts-~oastat-habitat: Activities of coastal wildlife habitat protected or enhanced by development. Pohcy 5.1 The City shall prohibit dredging or filling that would result in the destruction of grass/algae flats, hard bottom or other benthic communities in any waters within the City limits unless permitted by other regulatory agencies. City of Aventura Comprehensive Plan (DRAFT) Page 7~82~5&9 of 3115 Transmittal Draft ~o~:t:L d~z }.¥brain~nlf~l.~oj ~gg6:O.t.¥wp-~¥tr~n~itta~-e~v~sml:doe Pohcy 5.2 The City shall prohibit the deposit of solid waste or industrial waste including spent oils, gasoline by-products or greases accumulated at garages, filling stations and similar estabhshments that create a health or environmental hazard upon any vacant, occupied or unoccupied premises, parkway or park, and in any canal, waterway or bay within the City limits. Policy 5.3 The City shall not issue building permits for any development which does not meet adopted stormwater management (drainage) levels of service. Pohc¥ 5.4 In order to remedy pre-incorporation drainage deficiencies, the City of Aventura shall continue to impose a stormwater utility fund. Objective 6 Preserve the existing and planned sites for water-dependent uses; assure that any related marina construction or expansion meets appropriate location standards~9J-5.012(3)(b)3] Measure: Adoption-.of--kar~.-t])eYelopment--Reg~tai4ons--that --p reser-ves-existing-~ ate~--de~nt ~ses.and-~ss~res.ma~ina-consteuct4on-tha~-meets--loc-atio~-s~an4a-rds: Number of sites available for water-dependent uses. Policy 6.1 Any new marina, marina expansion or similar water-dependent use shall meet the following criteria: [9J-5.012(3)(c)9] 1. Construction or subsequent operation of any proposed marina/water-dependent project shall not destroy: a. Mangrove Protection Areas; or City of Aventura Comprehensive Plan (DRAFT) Page 82-82~84z3 of 31t.$ Transmittal Draft b. sea grass or hard bottom communities; or c. habitats used by endangered or threatened species. 2. The proposed marina/water-dependent facility shall be: a. compatible with existing, surrounding land uses; b. of sufficient size to accommodate the project and the required parking, and c. provide good land accessibility. 3. The proposed marina/water-dependent facility shall: a. preserve or improve traditional public shoreline uses and public access to estuarine and coastal waters; and b. preserve or enhance the quahty of the estuarine and coastal waters, water circulation, tidal flushing and light penetration. The above shall be incorporated into the Land Development Regulations within one year of Plan adoption. Objective 7 There are no beach or dune systems within the city limits of AventuragI-5.012(3)(b)4] Measure: Not applicable. Objective $ Limit City funds for infrastructure within the city limits that would have the effect of directly subsidizing development which is significantly more intensive than authorized by this Plan. [9J-5.012(3)(b)5 and 6] City of Aventura Comprehensive plan (DRAFT) Page 9~g2652~9 of 311-5 Transmittal Draft Measure: Amount of funds expended that directly subsidized development that is more intense than authorized by the Plan. Pohcy 8.1 The City shall limit its funding of pubhc infrastructure expansion if such funding and such expansion would have the effect of directly subsidizing a specific private development that is significantly more intensive than authorized by this Plan. [9J-5.012(3)(c)7] Objective 9 Maintain or reduce the current estimated hurricane evacuation clearance time of less than 12 hour~ [9J-5.012(3)(b)7] Measure: Improvement or maintenance of estimated hurricane evacuation clearance time of less than 12 hours. Policy 9.1 The City shall maintain and implement the strategy in the event of a hurricane of the established "pick up points" to facilitate the evacuation. [9J-5.012(3)(c)4] Pohcy 9.2 The City shall maintain the adopted levels of service on the local roadways based on the future land use plan to achieve a reasonable evacuation time. [9J-5.012(3)(c)4] Objective 10 Before-2OOO~..the.~ity.~itt.adopt-a--post~tisaster--redevetopment .pla-n-eonslst ent-with--the--Miami- Dade~(~unty~Emergen~y~Ma~nagement~I~an~and~th~uth..F~.ida~Regi~na~..~anning.c~un~i~ E mergency-Manageme~}t -Plan~[gJ-5.Ot-2{$) ~b)8] Mea s~e~...Adoptio~--o f --.a-..post-dis aste~--r~tevelopment----ptan---eonsistent--w-ith--~-the---appr o pr-iate Gount y--anti-.Re giona[-Ptans; City of Aventura Comprehensive Plan (DRAFT) Page 102.82~5~9 of 31t.$ Transmittal Draft Policy Igd: Dutmg----post-~isaster-----ree o very----periods~----~ftet----damage~----areas----an4---inf~ast-ruet-ur e----r equir mg r ehabfl~ation-~r.-~e devetopmen~.-have.been-ider~tibie0,r appropriateGity-.depa~-tweee~ts-shal, t-.use.the ~st-disast~r..~edeve~pment~.~an..to.~ed.~e.~.e~im~na.te..t~e.fu.t~e.e~stt~e..of.~e.and..~r~e~ to.h~ie~mes)~ine~rp~ate..~ree~mme~ia~i~ns.~f-inte~ageney...haz.e~rd...n~ig~t.i~..~ep~ts~"ana~y~e aeat.-ree o mmen~l-.t o-the.Gi-ty-- -C--omm~ssion--ha~ar d--m~t-ig~tion-option s-fo r--dana ge d--p~blie-- faeili~esl and.-~eeemmend.amend, mentsrif-~eqmredr .to.the. C-ity~s-F~t-u~e-~a-nd--l=tse--I~loa~-{9~-g;0 t-g (-g)(e)5] t~oli¢-y-tO,R ~fhe.- .C--ity.-sha.tl-.conti~t~e.-t o-enforcer -as-part--of --i/$..land--devet o pmen{---regtila-tion--pr oeeduresr-{he flood-.dama ge-.prevent:ion--reg,~flation~-whieh-ensu~e-4ha t --al½-.new-.-residentiat-e ons~etion--is-~-t--or above.-the-tto o d.-etevation-spec-ified-on--the--FEMA--lqo o~--Instt~anee--l~ate--Map-~n~l--w-hie h--ensure fha t --atl-.-non-residentiat.-eon~t~t~c-tion---is--either ---at- o r- ab o ve -tt~e.-flood--elevation--specifie~t--in---the Flg M-A----Fto o d---Insu-r m~e e.----i~ a re--M a p---~ r-.--m---~ e~ or d a n ce---w-i t h---.-F E M&----a p p r ~ve d---w-a-t e ~-p r o of eonst~.te~tion.spe¢ifie ations~.--[gJ4.0t-2{3 } (~g] The City of Aventura shall provide immediate response to post-hurricane situations in concert with a post-disaster redevelopment plan which will reduce or eliminate the exposure of human life and public and private property to natural hazards. Policy 10.1 The current Miami-Dade Co~tnty Hurricane Procedures Plan shall be modified to comply with the policies under this objective, and shall contain step-by-step details for post-disaster recovery operations. Policy 10.2 After a hurricane but prior to re-entry of the population into evacuated areas, the City CornaUssion shall meet to hear preliminary damage assessments, appoint a Recovery Task Force City of Aventura Comprehensive Plan (DRAFT) Page 11ggggS~9 of 31t-$ Transmittal Draft and consider a temporary moratorium of building activities not necessary for the public health, safety and welfare. Policy 10.3 The Recovery Task Force shall include the City Manager, Community Development Director, Building Official, Community Services Director and other staff members as directed by the City ConmUssion. Staff shall be provided by the departments whose directors are Task Force members. The Task Force shall be terminated after implementing its responsibility under Policy 10.6. Policy 10.4 The Recovery Task Force shall review and decide upon emergency building permits; coordinate with Miami-Dade County, State and Federal Officials to prepare disaster assistance apphcations; analyze and recommend to the City ComrrUssion hazard mitigation options including reconstruction or relocation of damaged public facilities; develop a redevelopment plan; and recommend amendments to the comprehensive plan, Miami-Dade County Hurricane Procedure Plan and other appropriate policies and procedures. Policy 10.5 Immediate repair and clean-up actions needed to protect the public health and safety include repairs to potable water, wastewater and power facilities; removal of building and/or vegetative debris; stabilization or removal of structures about to collapse; and minimal repairs to make dwellings habitable such as minor roof repairs and other weatherproofing/securiW measures. These actions shall receive first priority in permitting decisions. Long term redevelopment activities shall be postponed until the Recovery Task Force has completed its tasks. City of Aveatura Comprehensive Plan (DRAFT) Page 1224~6~441 of 31~fi Transmittal Draft Policy 10.6 The Recoverv Task Force shall propose comprehensive plan amendments which reflect the recommendations in any interagency hazard mitigation reports or other reports prepared pursuant to Section 406 of the Disaster Relief Act of 1974 (PL93-288). Policy 10.7 If rebuilt, structures which suffer damage in excess of fifty (50) percent of their appraised value shall be rebuilt to meet all current requirements, including those enacted since construction of the structure. Policy 10.8 Structures which suffer recurring damage to pilings, foundations or loadbearing walls shall be required to rebuild landward of their current location to modify the structure to structurally enhance the structure, institute or mitigation measures or delete the areas most prone to damage. Policy 10.9 Following a natural disaster and prior to the implementation of long-term development, the City shall do the following; Based upon the damage assessment report prepared bv the Miami-Dade Public Works Department. the City shall consult with its City Manager, Community Services Director, Community Development Director and Building Official and engineers to evaluate options for damaged public facilities including abandonment, repair in place, relocation, and repair with structural modification, to determine the most strategic approach to long-term development. The evaluation shall include but not be limited to issues pertaining to damage caused bv natural disaster, cost to construct repairs, cost to relocate, cost to structurally modify, limitations of right-of-wav, and maintenance costs. City of Aventura Comprehensive Plan (DRAFT) Transmittal Draft Page 132SU5M ofillJ5 f.\p--r.qj.~QQ!!J.r.j.'_Q.J.\w.p.1g9.P-?_1?~r.(1s.t;J.hr.~_\fQn$.?!.Y.~: 9gl!f!tHf.'g_qf.\.1?fI!jJ-'-~\11Jif.J.~\P.f.?j_\,.f?r;;_~?~:~lLWP:_\.Z?l!.~l~.lfj_Ti.~t~nL\.?.fm.~~:~:~.. E!Bflstfll. ~8e\ I srflin ~ nifel \ vrs! " Q09:1eJJ1 \ H:p\ lapS \ stri~ethru \ C6l1serva f'eastlilllil,aeee: \ n:'imiS'U's " temp \ eenserve ceastal..iaC51: \ 8tl'"iltet~rH veNls' 881'lSeI"Pe E!8f!stal.aec', \,hrHinl, ntfsl \ 11rei' 00938,01', ws', 1161JS1 stri':et~m\ 881'lSiW,}e e~.-4(Je\ \ fm.il1 \ ntkl \-ersi\OQ9ae,(,}1 \ u:-e \ x8-eS\ strilretltru \c811sene eSf:lsta!,dee.\-\-bmmtnlJs.l-tp1oj.\OO936,0-1-\-wp'\gef95-\-tr-ffnsntitt*tc-&nser-ve-€6astal,doo Policy 10.10 Structures which are damaged in excess of fifty percent (50 %) of their current replacement value shall be required to be rebuilt to meet all current land development requirements as determined by the City Building Official. Policy 10.11 The !ong-term physical reconstruction of the Gity of Aventura after a major disaster shall be in conformity with the land use element of the City's Comprehensive Plan and the land use regulations used to implement it. An,/preposed amendment to the Future Land Use Map shall contain an analys~ of its effect on long-term physical reconstruction. The ph'r'sical Post Disaster ...... ~ ........................... ~ ........................ ~.~ Land Uzc Plan Map~ Policy 10.12 The City shall utilize the following criteria to distinguish between immediate repair and clean up actions and long-term redevelopment subsequent to a natural disaster. Potable Water Facilities: Immediate repair shall include: implementation of necessary actions, including but not limited to, repairing or replacing water line and pumping facilities to insure a closed system, proper disinfection, and sufficient pressure to meet demands for fire flow and domestic water (for consumption purposes only), the utilization of auxiliary pumps and electrical generators. Long-term redevelopment shall include: implementation of the necessary actions to return the City's water distribution systems to at least its condition prior to the onset of natural disaster. This may include relocation of facflitiest retrofithng~ stormproofing and other structural upgrading. Ci~. of Aventura Comprehensive Plan (DRAFT) Page 1424~2~5~9 of 31~5 Transmittal Draft coastal.rice Wastewater Facilities: Immediate repair shall include: implementation of necessary actions, including but not hmited tot repairing or replacing wastewater lines and pumping facilities, util/zation of auxihary pumps and electrical generators, methods to remove and treat raw sewage to avoid discharge of raw sewage into adjacent water bodies and onto land. Long-term redevelopment shall include: implementation of necessary actions to return the City's sanitary sewer system to at least it's condition prior to the onset of natural disaster. This may include relocation of facilities, retrofitting~ stormproofing and other structural upgrading. Drainage Facilities: Immediate repair shall include: implementation of necessary actions, including but not limited to, the removal of sand and debris from drainage structurest pumping of stormwatersr utilization of temporary electrical generatorst to ensure function of the system to address potential flooding. Long-term redevelopment shall include implementation of actions necessary to return the City's stormwater system to at least its condition prior to the onset of natural disaster. This may include relocation of facilities, retrofitting~ stormproofing and other structural up~rading. Roadway Facilities: Immediate Repair: Primary actions shall include, but not be limited to removal of sand and debris from US 1 (Biscayne Boulevard) and needed stabilization to allow access for emergency vehicles. Secondary actions shall include removal of sand and debris from local roadways to facihtate access for emergency vehicles. Long-term redevelopment shall include coordination with the Florida Department of Community Affairs Division of Emergency Management, Department of Transportation (FDOT) Miami-Dade City of Aventura Comprehensive Plan (DRAFT) Page 152.g2d~5~t~ of 31~t.$ Transmittal Draft Countyf and private property owners to accomplish necessary actions to restore the City's roadway system (public and private) respectively to at least their condition prior to the onset of natural disaster. This may include relocation of facilities, retrofitting, stormproofing and other structural upgrading. Bridges: Immediate repair shall include coordination with the FDOT, federal government, and Miami- Dade County to ensure the operation of at least one bridge to facilitate access to the City. Long-term redevelopment shall include coordination with FDOT to restore damaged bridges to at least their condition prior to the onset of natural disaster. This may include relocation of facilitiesr retrofitting, stormproofing and other structural upgrading. Habitable Structures: Immediate repair shall include removal of debris and vegetation; stabilization or removal of structures about to collapse and minimal repairs to make dwellings and other structures habitable~ such as minor roofing repair sand other weatherproofing/security measures. In these instancesr building permits shah not be necessary prior to performing the work but retroactive permits shall be required in accordance with the provisions set forth in Ordinance No. 92-99 of Miami-Dade County~ Florida (Exhibit 1). Long-term redevelopment activities shall include normal construction activities for rebuilding and/or substantial structural repairs in accordance with the South Florida Building Code and other limitations contained within the City's Comprehensive Plan and Land Development Regulations. Policy 10.13 When undertakin~ post-disaster redevelopment activities, development permits may be waived for short term recovery measures such as: emerKency repairs to streets, watert electricity or other City of Aventura Comprehensive Plan (DRAFT) Page 162.g2~g~9 of 3~1~$ TransmiltaI Draft .~.~Erg(~.QQ~. Q~l~.~g~[~tr~[~.tl!rt~.[~t!~[z~-. utilities to restore service: removal of debris: and public assistance matters including temporary shelter or housing. Policy 10.14 Repair and Clean Up. In planning post-disaster redevelopment activities, factors to be considered in order to protect the public health and safety shall include: 1. Repairs to potable water, wastewater and power facilities. 2. Removal of debris. 3. Stabilization or removal of structures in a perilous condition. 4. Minimal repairs to make structures habitable. These considerations shall receive first prioritV in determining the appropriateness of emergency building permits. Long-term redevelopment activities shall be postponed until the Recovery Task Force has coordinated immediate repair and clean-up operations. Policy 10.15 Permitting Decision Priorities. Immediate recovery actions needed to protect the public health and safety shall take priority in permitting decisions following hurricane or other storm events or other natural disasters. Such prioriW actions will include, but not be limited to: debris removal; roadway and infrastructure repair; water use restrictions, if necessary; access restrictions, ff required to protect lives or property, and other similar activities needed to assure the safe movement of people, ~oods and supplies within the impacted area. Long term repair or recovery actions, such as relocating infrastructure, rebuildin~ of damaged structures and the like will be distinguished from the short-term actions herein described. City of Aventura Comprehensive Plan (DRAFT) Page 1Z2.g2454~ of 31t.~ Transmittal Draft Policy 10.16 The applicable provisions of the South Florida Building Code relating to hurricane precautions, inspections and permitting are hereby adopted by reference. Policy 10.17 The City adopts the following criteria relating to consideration of relocating pubhc infrastructure, cognizant of the City's geographic limitations and development status: The land upon or under which the infrastructure existed is gone or reconfigured so that replacement is not possible technically of financially as determined by the City Comrmssion. 2. The cost of repairs or retrofitting versus relocation costs. 3. Opportunities arising out of acquisition of land by the City or other governmental entity. Policy 10.18 Notwithstanding the preceding policies~ no regulation, permitting procedure or post disaster redevelopment planning shall be approved or applied to property, as the case mav be, so as to constitute a taking or inordinately burden an existing use of real property or a vested right to a specific use of real property within the meaning of the Bert [. Harris, Jr. Private Property Rights Protection Act., Chapter 95-18L Laws of Florida, codified as Section 70.001, Florida Statutes. Policy 10.19 The City recognizes that certain vested development rights may exist for property within the City. The City will consider such claims after petition is made to the City andf after due public hearing-st the City ComnUssion may ~rant approval to the request. The documentation for a claim shall follow the procedures found in Section 2-114.1f Code of Metropolitan Dade County, Florida. C~ty of Aventura Comprehensive Plan (DRAFT) Page 15~g2~84~ of 3It.~ Transmittal Draft The City shall prepare a local mitigation strategy in accordance with the guidelines provided in the Local Mitigation Strategy: A Guidebook for Florida Cities and Counties and will be used to fulfill the requirements of Rule 9~-5.012~ F.A.C. relating to post-disaster planning, repair, and reconstruction. O~jective 11 Protect, pF~rve, and sensitively reuse historic and archaeological sties. Policy 11.1 The City of Aventura shah establish performance standards for the development and sensitive reuse of historic resources. However, until such time as these standards are adopted the City shall utilize Miami-Dade county's applicable regulations. City of Aventura Comprehensive Plan (DRAFT) Page 1 524~2~84x) of 3~1t:~ Transmittal Draft .~.lErpj.kQQ~.3. 6. 9.J.I~/~L~pj~I ~J~(~t&~ ~ ~en~.~recz a) b) c) d) Policy Policy 11.2 The City shall work with Miami-DadeMaimi-Dade County to ensure that historic structures and archaeological sites are not destroyed unless they are damaged by a hurricane or otherwise rendered beyond reasonable use and repair. Objective 12 Shoreline uses shall be prioritized within the City of Aventura, giving priority to water- dependent uses. Policy 12.1 Shoreline uses within Aventura shall be prioritized according to the following order: conservation uses[ water-dependent usesl water-related uses~ uses not dependent or related to shoreline access. Pr!or to 2001, the City shall conduct a survey of land uses on parcels adjacent to marine waters. The survey shah include the location, acreage and lmear feet of shoreline for each use. Policy 12.3 The Future Land Use Map shall not be amended when such amendment would decrease the ratio of conservation uses to all other shoreline uses. Ctty o/Aventura Comprehensive Plan (DRAFT) Page 202-gg68~9 of 31~ Transmittal Draft Policy 12.4 PoHcy 12.5 Policy 12.6 Policy 12.7 ...w..i ~......th...e......T....'2...w.....n......C....e..n...t..e...r~....s..h e .r...e. k'.m....e.....9...n...4 ...~ ~ n .9. !....a...c..c...e..s...s.....e..~ .~ ~...m...e...n..t..~.....s...h..9...n......b...e....2 ..b..t...a..'m... ~.~!...~.h ~. n ~.s ~ ..r. 12..2 .s..s..!..b. ! ..e... ~ n ~...a...4 ...&.i .t..i2n ~ !...s.i .t..e...s....s...o.. ~ghLt..o....p...r...o...v..! .4.9... ~ ~ !21 ! g....a..c...c...e..s...s...Lo..~.. ~. ~ ! g r.. r.g ! ~.t..e...4..9...c..t..i..v..i...tLe...s....t ..h...a...t...9. r.g .c...o...n...s..i..s..t..e..nL..w..i.t..h...~..e..!.o....w....n.....C....e.~ r....c..9...n...c..e..p..t.,. City of Aventura Comprehensive Plan (DRAFT) Page 212-g2651~ of 3I ~ Transmittal Draft City of Aventura Comprehensive Plan (DRAFT) Page 22~-8245~-9 of 3~11-$ Transmittal Draft :czztzt. doc CONSERVATION GOAL TO ACHIEVE A BALANCED ENVIRONMENTAL SYSTEM THAT CONSERVES, ENCOURAGES THE THOUGHTFUL USE, AND PROTECTION OF RESOURCES, AND NATURAL ENVIRONMENTAL SYSTEMS WHILE CONSIDERING THE EXISTING BUILT ENVIRONMENT. [9j-5.013 (2) (a)] Objective 1 The City shall continue to meet or exceed minimum air quality standards for recognized air pollutants. Measure: Number of violations of air quahty standards. Policy 1.1 The City shall continue to support the air quahty monitoring and pollution control programs of the County and State. Policy 1.2 With the cooperation of the State, County and regional regulatory authorities, the City shall continue to require pollution control devices on all major point sources of air pollution which are located within the City. Objective 2 The City shall maintain local surface and ground water quality to equal to or better than existing levels for recognized pollutants. Measure: Number of violations of water quality standards. Policy 2.1 The City shall continue to participate in area wide wellfield protection and regulatory activities of Miami-Dade County. City of Aventura Comprehensive Plan (DRAFT) Page 23~g2~5~9 of 31t.$ Transmittal Draft /~.l P.r~.~@@~ ~. Q~ l ~/?-kgg. E~-~tr~thI¢--~Ee~ ~ Policy 2.2 The City shall consider developing a procedure to standardize the review of all local users or potential water contaminants by the appropriate County or State regulatory agencies. Policy 2.3 The City shall enforce and, where appropriate, improve development regulations to require all new development, or substantial redevelopment, to provide on-site retention or detention of at least the first inch of rainfall. Policy 2.4 The City shall coordinate with the Florida Department of Transportation to replace existmg direct discharge drainage outfalls with drainage retention ponds. Policy 2.5 The City shall continue to support the water quality regulatory programs of the State of Florida, Miarni-Dade County and the South Florida Water Management District. Policy 2.6 The City shall promote periodic area-wide waterway clean-up programs. Policy 2.7 The City shall consider-, in coordination with the County and other regulatory agencies, implementing a canal maintenance dredging program to eliminate polluted sediments, to reduce resuspension of sediments through proper dredging, and to improve tidal flushing. Policy 2.8 The City shall continue to require sanitary sewer waste disposal as a condition of project and permit approval and water services. Policy 2.9 The City shall continue to enforce development regulations that require the channelization of stormwater run-off through vegetation prior to entering a receiving water body. City of Aventura Comprehensive Plan (DRAFT) Page 2429265~9 of 31t.$ Transmittal Draft c;az~.d..d~c~.~.brainyn4fst.~proj-~oogg6~o~t-\-vop-~ops-¥tr~nsmittat'~'c'°n~v~stal:do~ Policy 2.10 The City shall stay apprised of continued advances in street sweeping technology with regard to feasible and effective mechanisms to remove roadway contaminants; in the event that the technology emerges, the City shall consider the individual or shared purchase of the machinery. Policy 2.11 The City shall require sanitary sewer wastewater collection as a condition for the provision of potable water customer services. Policy 2.12 The City shall coordinate with appropriate regional and state water management agencies to restrict (or ban) the use of phosphate fertilizers. Policy 2.13 The City shall continue to review and where necessary require environmental review and approval of occupational licenses for those businesses categorized as users of potential groundwater contaminants. Objective 3 The City shall, to the maximum extent feasible, protect all remaining areas of substantial native upland and wetland vegetation and eliminate undesirable exotic tree species. Measure: Number of acres of vegetation removed and not replaced. Number of acres of exotic species removed. Policy 3.1 Cognizant of prior development approvals or other vested rights, the City shall require a detailed flora and fauna survey on any site subject to a development proposal and any size greater than 10 acres in size. Based on survey results, micro-preserves may be required oriented to preservation of a minimum 25% of all native plant communities which occur on-site. Habitat shall be preserved with intact canopy, understory and ground cover. City of Aventura Comprehensive Plan (DRAFT) Page 25289654~ of 31t.$ Transmittal Draft zc~ztzl d~z Policy 3.2 Outright preservation of existing, non-exotic trees on any existing vegetated site shall be preferred over "cut and replace" preservation techniques. Policy 3.3 The City shall enforce, where appropriate, development regulations which require shoreline vegetation buffer strips, restrict the amount or location of site clearing, maintain natural drainage flows and require the removal of on-site exotic tree species. Policy 3.4 A buffer zone of native upland vegetation should be required and maintained around wetland and deepwater habitats which are preserved, restored or recreated on-site. The buffer zone may consist of preserved or planted vegetation but should include canopy, understory and ground cover of native species only. Policy 3.5 While discouraging clear cutting prior to development, the City should consider developing a long term program to remove all stands of non-native, exotic vegetation such as Australian Pine, Brazilian Pepper, and Melaleuca trees and replacement with native species. Policy 3.6 The City shall require native vegetation species to satisfy at least 50% of all site landscaping requirements as a condition of development or permit approval. Objective 4 The City shall, to the maximum extent feasible, preserve natural areas which serve as habitat for endangered and threatened plant and animal species. Measure: Number of acres of natural areas preserved. City of Aventura Comprehensive Plan (DRAFT) Page 2624~24~9 of 3115 Transmittal Draft ~ .~/~gj.~ .0-(~ ~ ~: 2 ~.I -w. P-~g V.E E k ~ gi~/~ -r-u-~-~: Policy 4.1 In the event that a site survey indicates the existence of a representative plant or animal species designated as endangered or threatened on Federal, State or Florida Committee on Rare and Endangered Plants and Animal lists, the developer shall prepare a plan in consultation with the Florida Game and Freshwater Fish comn~ssion and the U.S. Fish and Wildlife Service for protecting the resident population. Preservation should be provided to the satisfaction of the City in consultation with the Federal and State agencies. Objective 5 To reduce per capita water consumption rates by at least 10°/0 through 2005. Measure: Per capita water consumption. Policy 5.1 The City shall promote water conservation strategies through the use of educational brochures and presentations to students and interested groups. Policy 5.2 Prior to 2005, the City shall consider funding, either individually or cooperatively, at least one xeriscape demonstration project. Policy 5.3 To.promote water conservation and reduce the offshore runoff of pesticides and fertilizert the City shall require the au~nented use of xeriscape concepts and native vegetation in new developments adjacent to~ or near, shoreline locations T~,~ m~- ~ ~^~ ....... ~ ~ a condition of development or permit approval. Policy 5.4 City of Aventura Comprehensive Plan (DRAFT) Page 272926~9 of 3~I~t.~ Transmittal Draft ca:at:Ldac~.¥bram~n~f,I-~oj.~gg6,0.t-¥wp.~.¥tr~itt~¥e~v~stal~doe Objective 6 The City shall continue to minimize the potential damage from flooding and the loss of local soil resources. Measure: Amount of property damage due to flooding. Policy 6.1 The City shall continue to coordinate the enforcement of minimum finished floor flood elevation criteria as identified by the Federal Emergency Management Administration. Pohcy 6.2 The City shall enforce local drainage system requirements as specified in the Drainage sub- element of the Comprehensive Plan. Pohcy 6.3 The City shall support the flood control policies as provided in the Drainage sub-element of the Comprehensive Plan. Policy 6.4 The City shall support the timely maintenance of regional drainage system features including structure repairs and replacement and maintenance dredging of drainage canals by the responsible governing agency. Policy 6.5 During site clearing and development preparation stages, the City shall requLre erosion control fencing, soil moisturizing, seeding, mulching and/or other best management techniques to be performed by the developer to control soil erosion. City of Aventura Comprehensive Plan (DRAFT) Page 252-g~6~ of 31$g Transmittal Draft Objective 7 The City of Aventura shall increase public awareness of th~presence of manatees. Policy 7.1 The City shall use the City's newsletter to annually remind the pubhc of presence of manatees. Policy 7.2 The City shall either obtain or create an educational pamphlet regarding manatee protection Policy 7.3 The manatee protection pamphlet shall be distributed by the City's Marine Patrol anytime a boat is stopped. Policy 7.4 The Manatee Protection Pamphlet shall be offered to private marinas within the City for distribution. Objective 8 Secure the provision of potable water in sufficient quantity to meet present and projected needs commensurate with reasonable anticipated demand. Policy 8.1 The City of Aventura has no current or projected wellfields; therefore a wellfield protection ordinance will not be necessary. City of Aventura Comprehensive Plan (DRAFT) Page 2924~2~51~9 of 31t-$ Transmittal Draft .5.~z~j.~3g~.Q. J3.~qP.~gol~.k~.tr(~&.¢.~P.~s.?.rnt: e~ ~ ~ brclz ~ x~fz! ~ ~rc[ ~ O0 9~ ~,01 ~ w~ ~ ~cFz ~ z~ikcthr~ ~ cc~zcrvc Policy 8.2 Upon Plan adoption~ in order to comply with policies of the South Florida Water Management District directed toward conservation of potable water supply and to achieve a reduction in the current rates of water consumption the following performance standards shall apply: · Where non-potable alternative sources of irrigation water are available potable water supplies may not be used to meet irrigation needs. The City of Aventura shall encourage the Miami-Dade Water and Sewer Department (WASD) to study the feasibility of using reclaimed water as one method of reducing the amounts of potable water used for non-potable activities. · Require the use of water-saving plumbing fixtures in all new developments. · Require the use of water-saving plumbing fixtures when plumbmg fixtures are replaced. In order to reduce demand for irrigation water (which in turn often places greater demand upon potable water sources), at least seventy percent (70%) of all landscaping material obtained from off-site sources for use on any site should be native plant material adapted to soil and climatic conditions existing on the subject site. · To further reduce water demand at least fifty percent (50%) of all trees used in landscaping shall be native species adapted to soil and climatic conditions existing on-site. Policy 8.3 The City of Aventura shall continue to cooperate with localt regionalt state and federal agencies for the management of fresh water resources to maintain adequate fresh water supphes during dry periods and to, when practicable, conserve water. City of Aveatura Comprehensive Plan (DRAFT) Page 3024~2~5~9 of 31~5 Transmittal Draft Policy 8.4 The City of Aventura shall continue to cooperate with WASD and the South Florida Water Management (SFWMD) for the implementation of water demand management policies and programs. Policy 8.5 The city of Aventura shall continue to require compliance with all applicable federal state regional and county water quahty standards~ Policy 8~6 The City of Aventura shall cooperate with WASD and the SFWMD to conserve water resources during emergencies. Objective 9 The City of Aventura shall continue to protect surface waters within the Biscayne Bay Surface Water Improvement and Management (SWIM) area. Policy 9.1 The City of Aventura shall continue to require that all permits for new construction meet or exceed the Biscayne Bay SWIM criteria by ensuring that all permits are approved by the Miami- Dade County Department of Environmental Resources Management prior to being issued. Policy 9.2 The City of Aventura shall continue to require that all permits for redevelopment of reconstruction meet or exceed the Biscayne Bay SWIM criteria bv ensuring that all permits are approved by the Miami-Dade County Department of Environmental Resource Management prior to being issued. City of Aventura Comprehensive Plan (DRAFT) Page 3I~gg6~9 of 31t-5 Transmittal Draft Comprehensive Plan TRANSPORTATION ELEMENT GOALS, OBJECTIVES and POLICIES Preparedfor The City of Aventura Community Development Department 2999 N.E. 191 Street, Suite 500 Aventura, Florida 33180 (305) 466-8900 Prepared by IVEY, HARRIS & WALLS, INC. 631 S. Orlando Avenue, Suite 200 Winter Park, Florida 32789 (407) 629-8880 Table Of Contents TRANSPORTATION GOAL ................................................................................................................... Objective 1 .............................................................................................................................................. ~3~ Objective 2 .............................................................................................................................................. 5g-~55 Objective 3 .............................................................................................................................................. 76666 Objective 4 .............................................................................................................................................. 7~7~7 Objective 5 .............................................................................................................................................. 98887 City of Aventura Comprehensive Plan (DRAFT) Page 2~g~,~ of~9~ Transmittal Draft ~ I proi 100936.011 wp t cdops \ strikethru I transportation, doc I ~ TRANSPORTATION GOAL TO PROVIDE A SAFE AND EFFICIENT MULTIMODAL TRANSPORTATION SYSTEM APPROPRIATE TO SERVE THE NEEDS OF THE CITY; TO PROMOTE THE USE OF ALTERNATIVE TRANSPORTATION METHODS ENCOURAGING SCALED PEDESTRIAN AND BICYCLE FACILITIES, PUBLIC TRANSIT, ADEQUATE PARKING FACILITIES, PARATRANSIT, AND OTHER MODES OF TRANSPORTATION; TO COORDINATE THE TRANSPORTATION SYSTEM WITH THE LAND USE PLAN, AND OTHER APPROPRIATE AGENCIES; AND TO PROTECT RIGHTS-OF-WAY. [9j-5.019(4)(a)] Objective 1 Provide the framework for a safe, convenient, and energy efficient multi-modal transportation system through implementation of the programs outlined in this element, and the concurrency and access management systems contained in the City's land development regulations. [9J-5.019(4)(b)l] Maintenance of adopted Level of Service Standards. Policy 1.1 As per 9J-5.005(8)0), the City of Aventura adopts the level of service standard as described in the Miami-Dade County Comprehensive Development Plan, Traffic Circulation Subelement 1997, Objective 1 Policy lB, as it relates to Urban Infill Areas (UIA) [9J-5.019(4)(c)1], and more particularly described as follows: 3~he minimum acceptable peak-period LOS for all State roads and on all r- .... ... ..... / City roads shall be the following: (a) Where no pubhc mass transit service exists, roadways shall operate at or above LOS E; City of Aventura Comprehensive Plan (DRAFT) Page 3¢~,8 ofg~ Transmittal Draft fi I proi 100936.011 wp \ gops \ strike~hru \ transportation,doc I ~ br~!x ~ xt~ ! ~ ~rc[ ~ 0993 ~,0 ! (b) Where mass transit service having headways of 20 minutes or less is provided within 1/2 mile distance, roadways shall operate at no greater than 120 percent of their capacity; (c) Where extraordinary transit service such as commuter rail or express bus service exists parallel roadways within 1/2 mile shall operate at no greater than 150 percent of their capacity. Policy 1.2 The City of Aventura accepts Miami-Dade County's mass transit level of service as stated in their 1997 CDMP Capital Improvements Element and the Mass Transit Subelement of the Traffic Circulation Element which follow: 1) The average combined population and employment density along the corridor between the existing transit network and the area of expansion exceeds 4,000 per square mile, and the corridor is 0.5 miles on either side of any necessary new routes or route extensions to the area of expansion; 2) It is estimated that there is sufficient demand to warrant service; 3) The service is economically feasible; and 4) The expansion of transit service into new areas is not provided at a detriment to existing or planned services in higher density areas with greater need. Policy 1.3 Potiey--L:3 ho-ar ':o!'amc; for sc!cried fac~E~cs. In conformity with the established Miami-Dade County Transportation Exception Area, that area located within the boundaries of the City of Aventura is Cifld of Aventura Comprehensive Plan (DRAFT) Page ~ of_94 Transmittal Draft ~ I proi I O0936.011 wp I cdops I strikethru I transportation, doc I \ ~:a!~ \ ~!f: I ~ Fr:~ \ 0092 5 01 \ ::'F ~ ~eF: ~ :trlkzthr:: ~ tr~F~rt~ti~ d~:~ ~ ~ ~ 009 designate as a Transportation Concurrency Exception Area as specified in Section 9]-5(6), Florida Statutes. The geographic location and extent of the City's Transportation Concurrency Exception Area shall be maintained on the "Future Function Classification and Number of Lanes" map. Policy -1-:-5 1.4 ,~A ..........*-'~ t-) ..... t=/t-/-J The City shall reql.dre an access management review by the Florida Department of Transportation for all new developments located alon~ State highways, and shall not approve any development order requtring access to State highway unless such access is permitted by the Department of Transportation. Policy 1.6 1.~ The City will develop transportation management strategies, such as but not limited to, traffic calming techniques and traditional neighborhood design concepts, to improve efficiency, and enhance the safety of the pedestrian, bicycles, and transit riders within the context of an integrated multi-modal transportation system. [9J-5.019(4)(c)7] Policy t-~7 1.6 Annual transit trips per capita will be utilized to determine the achievement of the mobility goals of the City. [9J-5.019(4)(c)10] Objective 2 As part of the internal consistency requirement of the Comprehensive Plan elements, the transportation system outlined in this element will be coordinated with the Future Land Use Map or map series to ensure that the transportation modes are consistent with the land uses in the area by the Plan's adoption. [9J-5.019(4)(b)2] City of Aventura Comprehensive Plan (DRAFT) Page 5g~8,~ of_9~ Transmittal Draft .~ I proi 100936.011 wp t ~ops \ strikethru I transportation.doc ~ ~ brain ~ ~tf~ Measure: Number of capital improvements that encourage and support a multi-modal transportation system. Policy 2.1 Parking strategies will be developed that encourage a multi-modal transportation system including scaled pedestrian and bicycle facilities, public transit, paratransit, and other modes of transportation. [9J-5.019(4)(c)3] Pohcy 2.2 Through implementation of the Future Land Use Plan and Land Development Regulations, the use of bicycles and pedestrian activities will be promoted and encouraged with particular emphasis given to the Town Center. [9J-5.019(4)(c)5] Pohcy 2.3 Through the implementation of the multi-modal transportation strategies, demand management programs will be established to modify peak hour travel demands, and reduce the number of vehicle miles traveled. [9J-5.019(4)(c)6] Pohcy 2.4 Public transportation will be encouraged through implementation of local transit service and its incorporation in to the Town Center, as identified on the Future Land Use Plan Map. [9J- 5.019(4)(c)12] Pohcy 2.5 Through implementation of linking local streets to provide residents with internal alternative routes, local traffic will be encouraged to use alternative routes developed to protect the interregional and intrastate functions of the Florida Intrastate Highway System. [9J-5.019(4)13] Objective 3 As part of the implementation of the programs outlined in this element coordination of the transportation system with the Miami-Dade Metropolitan Planning Organization, Florida Transportation Plan, and the Florida Department of Transportation Adopted Work Program City of Aventura Comprehensive Plan (DRAFT) Page 6¢588 of 9~ Transmittal Draft .~ I proi \ O0936.01 \ wp I gops I strikethru I transportation, doc \ ~ ~ra!x \ r~.fzl ~ ~r~ ~ 0093,5.01 ~ -.z'~ will be evaluated annually as part of the annual update of the concurrency management system. [9J-5.019(4)(b)3] Measure: Annual review of Miami-Dade Metropolitan Planning Organization and FDOT adopted 5-year work program. Number of capital improvements that support the development and enhancement of intermodal terminals. Policy 3.1 Through the annual evaluation of the plans and programs of the other applicable agencies applicable roadway and transit service improvements for future multi-modal needs will be identified and addressed. [9J-5.019(4)(c)8] Policy 3.2 Upon adoption of this element, and the Intergovernmental Coordination Element, transportation coordination related mechanisms, appropriate agreements, and strategies will be developed to fmplement the area wide transportation, land use, parking, and other provisions of the mtdti- modal plan. [9J-5.019(4)(c)11] Policy 3.3 Through implementation of this element and required agency coordination mechanisms, appropriate strategies will be developed to address improvements to the Aventura Mall transit terminal and development of a Town Center intermodal terminal, as well as access to aviation, raft and seaport facilities. [9J-5.019(4)(c)14] Objective 4 Through coordination of the City's multi-modal transportation plan with the applicable public transit service and the Miami-Dade Metropolitan Planning Organization, efficient public transit service will be determined by the ridership. [9J-5.019(4)(b)4] City of Aventura Comprehensive Plan (DRAFT) Page 79588 of 94~ Transmittal Draft f I pro[ \ 00936.011 wp I gops I strikethru I transportation, doc I I bronx \ x~.fc I ~ ~rc~ \ ~292 a~ 01 \ :cT ~, '~s ~ ztrlkc!hr:~ ~, tr~xs~rt~tiox, doc,r: ~.~ Policy 4.1 Within one year of adoption of the Comprehensive Plan, the City shall ......... .... ;-~ ~mplemen' *~"~- ....... ef-a local public transit system. [9J-5.019(4)(c)9] Policy 4.2 E. x..c..e.p.~.n_._A..r .e...a...( .T.C.E...A.).: Policy 4.3 Tr.~,n.s. it....s.~Xi~...~..h..a.!L.b.~._ ~..d.... t..o.....m...a.j.o..r..._.t~.. ~C~,.t_..o..~..?.~4.~e...n.e.x.a..t..o...r.s.,,..a..n..cL th..e._.tr_~s.p..o..r..t..a..U.' .o.~ u_~.e_..r .s.:. Policy 4.4 Policy 4.5 Policy 4.6 Policy 4.7 7..r..an..s. it_..s..h..e.l_.t.e.r..s,...~.c..o..r..4~g....t.g.....tb_~...C..i.t.y. Ls...a_p.p...r.2..v_e_..d_ ..d`.e...s..i~v``~.~.s.`.h...a..~L..`b".e`.~2.r~v..L4.e...d..~..`a-L.`.th~e`..`~...`~.~ d_9. _ve.!.o_~__m.~ .n..t. _b.y._!tb .e.~r_o~e..r_ty_2_W..n..e.r~. City of Aventura Comprehensive Plan (DRAFT) Page 89588 of~94~ Transmittal DraJ~ ~ I proj 100936.011 wp 1 ~dops \ stnkethru I transportation, doc I ~ br~!~ ~ ~fzl \ ~r?~ ~ 909g ~,~ ! ~ ~ ~ ~ ~ ~!k~thr~ ~ tr;:~z~rtati~,d~z~ ~pr~j ~ 009 Objective 5 Through implementation of the Future Land Use Plan describing land use densities and intensities, existing and future rights-of-way, such as the eastern extension of Miami Gardens Drive and the realignment of NE 29th Avenue, will be protected from building encroachment. [9J-5.019(4)(b)5] Measure: Protection of Miami Gardens Drive easterly extension and the realignment of NE 29~ Street rights of way from building encroachment. Policy 5.1 In coordination with the Miami-Dade Metropolitan Planning Organization, and the Florida Department of Transportation rights-of-way acquisition timetables and protection mechanisms will be established for the easterly extension of Miami Gardens Drive and the realignment of NE 29th Street. [9J-5.019(4)(c)4] City of Aventura Comprehensive Plan (DRAFT) Page 99588 of_9-8 Transmittal Draft .~ \ proj 100936,01 \ wp \ gops I strikethru \ transporta~on.doc~ ~ br~in ~ ~tf~ ! ~ 7r~j ~ 00~$ 5.~ I ~ ~ ~ ~z ~ ztr~k~tkr~ ~ tr~z~rt~t~.d~c~ ~ Comprehensive Plan INTERGOVERNMENTAL COORDINATION ELEMENT GQALS, OBJECTIVES and POLICIES Prepared for The City of Aventura Community Development Department 2999 N.E. 191 Street, Suite 500 Aventura, Florida 33180 (305) 466-8900 Prepared by IVEY, HARRIS & WALLS, INC. 631 S. Orlando Avenue, Suite 200 Winter Park, Florida 32789 (407) 629-8880 Table of Contents intergovernmental Coordination Goal ................................................................................... 33__.3._33 Objective 1 ................................................................................................................................ 3855~ Objective 2 ................................................................................................................................ 5555~ Objective 3 ................................................................................................................................ 55555 Objective 4 ................................................................................................................................ 66~6 City of Aventura Comprehensive Plan (DRAFT) Page ~ of Z~ I Transmittal Draft I I brain I ntfs I I proj 100936.011 wp I gops I strikethru I intergovernmental.doc I \ ~rzt~ ~ ~ !f~l ~ 'Frei ~ 0092 a~,9 Intergovernmental Coordination Goal USE INTERGOVERNMENTAL COORDINATION AS A MAJOR MEANS OF ENSURING CONSISTENCY AMONG LOCAL, COUNTY AND REGIONAL GOVERNMENT PLANS AND POLICIES AND OF IMPLEMENTING AVENTURA'S COMPREHENSIVE PLAN. Objective 1 Maintain and improve coordination of planning, development and impact assessment among governmental entities with applicable responsibilities. Measure: Number and significance of comments made to and responses received from reviewing agencies in conjunction with review of amendments to the Aventura Comprehensive Plan and the comprehensive plans of the other entities. Usage of informal or formal mediation when necessary to resolve disputes. Policy 1.1 Make full use of the coordination mechanisms built into the intergovernmental review and coaux~ent provisions of the Local Government Comprehensive Planning and Land Development Regulations Act to seek consistency between the Aventura Comprehensive Plan and the local comprehensive plans of adjacent Miami-Dade municipalities of North Miami Beach, Sunny Isles Beach and Golden Beach; Broward, and Miami-Dade Counties; and the adjacent municipality of Hallandale, within Broward County. Pohcy 1.2 Aventura shall consider compatibility with adopted land use plans of adjacent municipalities as a factor in reviewing proposed changes to the Aventura Future Land Use Plan map or to a municipal plan. City of Aventura Comprehensive Plan (DRAFT) Page .3_~ of.7_.6 Transmittal Draft I \ brain \ntfs I I proj 100936.011 wp I g, ops t strikethru I intergovernmental, doc \ ~ br~-i~ ~ ~tfs I I~ Fr~ ~ 00~2 ~.9! \ wy \ ~z~ ~ ctr!k~thr~ ~ int~o Policy 1.3 Provide for County-city and city-city exchange of notification and information of requests for change of zoning within the vicinity of the unincorporated area and other municipal boundaries. Policy 1.4 Make use of informal or formal mediation processes when possible to resolve disputes arising from amendments to the Aventura's Comprehensive Plan. Policy 1.5 Encourage the development of a regional forum to address the needs and strategies for providing and developing public services and facilities as well as to enable intergovernmental review of regionally significant public facilities which involve locally unwanted land uses. Policy 1.6 Support the establishment of a coordinated regional transit system for the transportation disadvantaged. Policy 1.7 Aventura shall work cooperatively with other local governments to identify opportunities for affordable housing. Policy 1.8 Encourage the establishment of joint funding cycles for federal, state and local affordable housing programs. Policy 1.9 The City of Aventura shall coordinate its plans with the Miami-Dade County School Board and other units of local government providing services but not having regulatory authority over the use of land. City of Aventura Comprehensive Plan (DRAFT) Page .4_2~2.4 of .7_.~ Transmittal Draft I \ brain \ ntfsl \ vroi \ 00936.01 \ wp \eops I strikethru I intergovernmental.doz ~ ~ ~r~!~ ~ ,ntfz ! \ prz~ ~ 0~92 ~ 01 ~ w~: ~ ~z'~z ~ ztr!k~tkr~ ~ Lntergo Policy 1.10 Objective 2 Coordinate with local, regional, and state entities with establishment of Level of Service standards. responsibilities in the Measure: Continued use of Level of Service Standards as contained in the Capital Improvements Element of the Aventura Comprehensive Plan until properly amended: Policy 2.1 Aventura shall continue to establish Level of Service standard's for local services. Policy 2.2 Impacts on facilities of state, regional and municipal governments shall be included in impact fee ordinances which may be established by Aventura. These impact fees shall be applied to those geographic areas which will benefit fTom the facilities funded by the fees. The areas which each impact fee shah apply, shall be determined by the City ComaUssioners at the time said fee is established. Objective 3 Encourage the use of interlocal agreements and municipal boundary changes to improve coordination of local development and the effective and efficient delivery of local services. Measure: Number of interlocal agreements which in, prove coordination for municipal services City of Aventura Comprehensive Plan (DRAFT) Page 5_~ of .~6 Transmittal Draft \ I brain I n~fs I t proj I O0936.011 wp I gops I strikethru \ intergovernmental, doc ~ \ Policy 3.1 Promote the use of County-city interlocal agreements to provide for extra jurisdictional service deliveries where efficiency and effectiveness can be enhanced. Policy 3.2 Encourage the establishment of formal agreements among the necessary governmental bodies to implement coordinated planmng for the development of public facilities and services. Policy 3.3 Development activities shall adhere to the guidelines, policies and provisions of applicable interlocal agreements. Objective 4 Ensure adequate and timely shelter within the region for those residing in hurricane evacuation areas. Measure: Continued participation by City Departments in regional planmng meehngs that address emergency management issues. Policy 4.1 Encourage local governments and federal, state and regional agencies to protect the population by developing a system of emergency communication on roadways. Policy 4.2 Promote the estabhshment and maintenance of mutual aid agreements among local governments to protect the population. Policy 4.3 Encourage local, regional, state and federal agencies and organizations to work together in evaluating the existing criteria for designating places for shelter. Such criteria should include City of Aventura Comprehensive Plan (DRAFT) Page ~ of .7.p Transmittal Draft \ I brain I ntfs 1 ~ vroi \ 00936.01 \ wp \ gops I strikethru I intergoveenra ental.doc I I brain I x~fz I ~ ~r~[ ~, 0993 ~.91 but not be limited to: locations of shelter; structural integrity of shelter; space provided per person; and availability of essential provisions. Policy 4.4 Promote the coordination by federal, state and regional agencies of a public information and awareness program concerning various types of hazards and appropriate response. City of Aventura Comprehensive Plan (DRAFT) Page ~2.5.~ of.7_.4 Transmittal Draft I I brain \ntfs 11 proj 100936.011 wp I gops I strikethru I intergovernmeatal.doc I \ br~in \ r. tfz I ~ Frei ~ 0n~925.91 ~ wF ~ ~c~: ~ ztrik~thr:~ ~ i,xter'do ~er~r~.,znt~t~4o~.~L~z~-\ ~ain-\-nt~t-t-pr~\-Oggg6~O~¥gops~rst~il*e4hr~3r4n~er Comprehensive Plan INFRASTRUCTURE ELEMENT GOALS, OBJECTIVES and POLICIES Prepared for The City of Aventura Community Development Department 2999 N.E. 191 Street, Suite 500 Aventura, Florida 33180 (305) 466-8900 Prepared by IVEY, HARRIS & WALLS, INC. 631 S. Orlando Avenue, Suite 200 Winter Park, Florida 32789 (407) 629-8880 Table of Contents INFRASTRUCTURE GOAL 1 ........................................................................................................ Objective 1 ................................................................................................................................ Objective 2 ................................................................................................................................ 3~333 Objective 3 ................................................................................................................................ 66666 Objective 4 ................................................................................................................................ 77776 Objective 5 ................................................................................................................................ 78887 INFRASTRUCTURE GOAL 2 ................................................................................................... Objective 1 ................................................................................................................................ 88888 Objective 2 ................................................................................................................................ 99999 Objective 3 ........................................................................................................................ 164Otg1~9 Objective 4 ...................................................................................................................... 1 AQUIFER RECHARGE GOAL ....................................................................................... 12~-1-313t-2 Objective 1 ...................................................................................................................... 12 SOLID WASTE GOAL ...................................................................................................... 1444t414tg · ' ~ 5151514 Objective 1 ...................................................................................................................... 15. City of Aventura Comprehensive Plan (DRAFT) Page 2~2-~ o fl 5~ Transmittal Draft +~b_£q. ~.~s_l ~Rr_.9i_~_O..9_3._6 Od ~f. EIXgZ~s_~str_~_kq~l!.r_~_!.n_l~s~tru_cture. do_ckk INFRASTRUCTURE GOAL 1 PROVIDE FOR POTABLE WATER, AND SANITARY SEWER FACILITIES WHICH MEET THE CITY'S NEEDS IN A MANNER THAT PROMOTES THE PUBLIC HEALTH, ENVIRONMENTAL PROTECTION, AND ECONOMIC OPPORTUNITY. Objective 1 The City of Aventura shall continue to coordinate service to ensure the orderly and efficient provision of water and sewer services at adopted levels of service. Measure: New land uses not connected to public water supply. Policy 1.1 All new uses within the City shall be connected to a public water supply. Exceptions may be provided for residential uses at a density no greater than two umts per acre, where primary drinking water quality standards as specified in the Florida Administrative Code can be met without treatment and the groundwater is free from saltwater intrusion. Objective 2 The City of Aventura shall continue to coordinate service with a provider who maintains procedures to ensure that any facility deficiencies are corrected and that adequate facility capacity will be available to meet future needs. Measure: Maintaining adopted levels of services. Policy 2.1 To assure an adequate level of service, potable water and sanitary sewer facilities shall meet the following level of service standards, as adopted by Miami-Dade County Water and Sewer Department and the City of North Miami Beach, the City's current service provider. 1) Potable Water Supply City of Aventura Comprehensive Plan (DRAFT) Page 3,~G23~ of 15¢4 Transmittal Draft 2) (a) The system shah operate with a rated maximum daily capacity which is no less than 2 percent above the maximum daily flow for the preceding year, and an average daily capacity 2 percent above the average daily per capita system demand for the preceding 5 years. (b) Water shah be delivered to users at a pressure no less than 20 pounds per square inch (psi) and no greater than 100 psi. Unless otherwise approved by the Miami-Dade Fire Department, minimum fire flow based on the land use served shall be maintained as follows: Land Use Single Family Residential/Estate Single Family and Duplex; Residential on minimum lots of 7,500 sf. Multi-Family Residential; Semiprofessional Offices Hospitals; Schools Business and Industry Min. Fire Flow (Gal/Mm) 5OO 75O 71,500 2,000 3,000 (c) Water quality shall meet all federal, State and County primary standards for potable water. (d) System-wide storage capacity for finished water shall equal no less than 15 percent of the system average daily demand. Sanitary Sewer (a) The systems wastewater treatment plants shall operate with a physical capacity of no less than the annual average daily sewage flow. Ciiy of Aventura Comprehensive Plan Transmittal Draft (b) Effluent discharge from wastewater treatment plants shall meet all federal, State and County standards. (c) The system shall maintain the capacity to collect and dispose of 102 percent of the average daily per capita sewage system demand for the preceding five years. Policy 2.2 By 2000, the City of Aventura shall explore the adopted levels-of-service for non- residential flows within the City. Policy 2.3 Except as provided by Objective 1 and the supporting policies, no development order authorizing new development or a significant expansion of an existing use shall be issued for any area of the City which is served by a potable water or sanitary sewer facility which does not meet the standards in Policy 2.1 or will not meet these standards concurrent with the completion of the development. In any case where these federal, state, or county standards referenced in Policy 2.1 are revised, a reasonable time for compliance with the new standards shall be allowed. Policy 2.4 The provider shall maintain procedures and programs to monitor levels of service of each facility for use by agencies which issue development orders or permits. Policy 2.5 All wastewater treatment operations will comply with federal and state regulations for overflows. Policy 2.6 The City shall continue to coordinate with a provider who shall continue the expansion of existing water and wastewater treatment plants to meet demand through the year 2015. City of Aventura Comprehensive Plan (DI?MFT) Page 5~ of 15¢4 Transmittal Draft Objective 3 The City of Aventura shall protect the health of its residents and preserve its environmental integrity by reducing the proportion of residences and commercial establishments within the City using private wastewater treatment facilities. The City of Aventura, in conjunction with the Miami-Dade County shall discourage the new or continued use of such facilities through the strict application of the Plan and Land Development Regulations. Measure:.-Numbe~--of--septie-diekts New land uses not connected to public sanitary sewer supply. Policy 3.1 Aventura shall s~rongly-.discou~age--prohibit the use of septic tanks in soils that are not suitable for such use. Throughout the City, additional septic tanks should not be permitted for the disposal or discharge of industrial or other non-domestic waste nor should they be permitted where seasonally high water table will impair proper functioning. Septic tanks should be avoided where private wells are in use. Policy 3.2 Anywhere that the use of existing private wells, interim wastewater treatment plants, or septic tanks pose a threat to the public health or the environmental integrity of Aventura, the City shall con~dcr az~er~mg ._a..s_s_e_r_t._its authority to require the connections to the public water supply or to the public sewer system. Policy 3.3 ~f....t.h...e......C_.it.y.....d.._e.~rmines _.t...h...a.t....a:_.._s..e..p..~..c. _t.~.(.s.~ .i..s.~(~.ay~.e~)L~..d.~e.g~a-d-.in~.`g~.s..~u.~.~.f~a.~r~.~r ..o....m....e._.~_...i..s...e....a_~?.p...r..9...¥..e_.4 _b.y.....th._~_.Gi.~y..~ 2 ~ ~ 2 ~:. City of Aventura Comprehensive Plan (DtLd?F) Page 6~-3 of15~4 Transmittal Draft Objective 4 By--200g?-The City shall develop and implement a comprehensive water conservation program to ensure that a sufficient, economical supply of fresh water is available to meet current and future demand for potable water without degrading the environment. c an:er va finn.. R_.e..d....u...c..e...p..e..r..c._a.p.j_t .a_..w...a..t, .e., .r..~,~n~,~,mp~.~.n. ~.!~..~Z~:, Policy 4.1 The City's newsletter shall be used to promote an educational program for residential, commercial and industrial consumers which will discourage waste and conserve water. Policy 4.2 Enforce requirements, and estabhsh new requirements and procedures as needed, to assure that low water usage plumbing fixtures are used in all new buildings or in conjunction with permitted renovations in accord with the South Florida Building Code, Miami-Dade County addition, as may be amended from time to time, and the Florida's Water Conservation Act, Section 553.14, F.S. Improved procedures for plumbing inspections and mechanisms for approving products for installation shall be considered by the City's Building Division. Pohcy 4.3 ~[3ae City of Aventura Community Services Department shall take all necessary steps to ensure compliance with the City's landscape regulations, and shall establish mechanisms to monitor and measure the effectiveness of the ordinance and its major provisions. Objective 5 City of Aventura Comprehensive Plan (DP, AFT) Page 7~?693 of 15~4 Transmittal Draft .._b..r_q_ ~.n._~.l._~r.q1 00936 od .w. t2~9.t~s str kethr_u~.fr_9_s.t_rE£~r_q:floc~ The City of Aventura shall undertake timely efforts to expand traditional sources of raw water and develop new raw water sources to meet the City's level of service standards for water supply. Measure: Implementation or utilization of reused water, should it become available. Policy 5.1 The City of Aventura shall encourage, Miami-Dade County in the development of its future potable water supplies, to the maximum extent feasible, utilize methods which preserve the integrity of the Biscayne Aquifer, protect the quality of surface water and related ecosystems, and comply with the land use and environmental protection policies of the Miami-Dade County CDMP, the Strategic Regional Policy Plan for South Florida, and the State Comprehensive Plan. Policy 5.2 When reclaimed water becomes available, the City shall consider its use on public and private properties. Currently, the Miami-Dade Water and Sewer Department is responsible for implementing any reuse that is deemed by the County to be economically feasible. INFRASTRUCTURE GOAL 2 PROVIDE FOR THE CONSERVATION, ENVIRONMENTALLY SOUND USE, AND PROTECTION OF NATURAL RESOURCES, AND PROTECT NATURAL DRAINAGE FEATURES IN AVENTURA. Objective 1 Protect ground and surface water resources from degradation, provide for effective surveillance for pollution and clean up polluted areas to meet all applicable federal, State and County ground and surface water quality standards. Measure: Continuation of the Stormwater Utility Program. City of Aventura Comprehensive Plan (DtLdP~) Page 82623 of 1594 Transmittal Draft Policy 1.1 Aventura's Stormwater Utility Program shall fund the identification and retrofitting of deteriorated storm sewer systems and positive outfalls and the proper maintenance of stormwater systems. Policy 1.2 By 2003, industries and businesses which generate and/or handle more than fifty (50) gallons of hazardous industrial wastes per year shall be identified and monitored. Coordination among agencies that require reporting of hazardous wastes shall be improved. Objective 2 The aquifer recharge and water storage capacity of presently undeveloped areas shall be maintained or increased. Additonally, the City shall protect against environmental damage such as altering hydrocycles. rcquircmcnt~. Pre-development surface runoff rate not exceed post development surface runoff rate of discharge. Policy 2.1 The aquifer-recharge values of wetland areas shall be maintained and, where feasible, enhanced or restored. Pohcy 2.2 All future development and redevelopment shall use retention, infiltration and detention systems to retain to the maximum extent feasible, the full runoff from a one in five year storm and minimize the use of impermeable surfaces. In the event that an emergency overflow is provided, a minimum of the first inch of runoff shall be retained on-site. Exceptions to the first inch criteria will be reviewed on a case-by-case basis. Policy 2.3 City of Aventura Comprehensive Plan (DRAFT) Page 9~(~2-$ of 1~5¢4 Transmittal Drafl ...b..r-q- ~- tt~s-[ ~rq~-~ Water conserving irrigation and other landscape practices such as Xeriscape shall be used wherever feasible. Through its site and landscape reviews, Aventura shall ensure that appropriate native and xeriscape plant materials are used, particularly where public water is used to water lawns, golf courses and landscaped green spaces. Policy 2.4 The City shall consider participation in water reuse demonstration projects that are developed. Objective 3 Aventura shall continue to develop and implement stormwater master plans, identify and eliminate system deficiencies in City maintained drainage facilities: coordinate the extension of facilities to meet future demands throughout the City; and maintain and improve water quality. Policy 3.1 The Stormwater Management (Drainage) Level of Service (LOS) standards for Aventura contains both a Flood Protection (FP) and Water Quality (WQ) component. The minimum acceptable Flood Protection Level of Service (FPLOS) standards for Aventura shall be protection from the degree of flooding that would result for a duration of one day from a ten-year storm, with exceptions in previously developed canal basins as provided below, where additional development to this base standard would pose a risk to existing development. All structures shall be constructed at, or above, the minimum floor elevation specified in the federal Flood Insurance Rate Maps for Aventura, or as specified in the Miami-Dade County Code, whichever is higher. The Water Quality Level of Service (WQLOS) component of the standard shall be met when the annual average for each of the following twelve priority NPDES pollutants does not exceed the following target criteria for each of City of Aventura Comprehensive Plan (DRAFT) Page 102~2-g o fl 5~ those pollutants within a canal basin, or sub-basin, as determined in accordance with procedures established by Miami-Dade County DERM: Pollutant Biological Oxygen Demand (BOD) Chemical Oxygen Demand (COD) Total Suspended Solids (TSS) Total Dissolved Solids (TDS) Total Ammonia-Nitrogen & Organic Ammonia Total Nitrate (Non-N) Total Phosphate (TP04) Dissolved Phosphate (DP04) Cadmium (Cd) Copper (Cu) Lead (Pb) Zinc (Zn) Target Criterion 9 rog/1 65 rog/1 40 rng/1 1,000 mg/l 1.5 mg/1 0.68 mg/1 0.33 rog/1 Not available 0.0023 rog/1 0.0258 rog/1 0.0102 mg/1 0231 mg/1 2. Applicants seeking development orders in canal basins, or sub-basins, that do not meet either the FPLOS or the WQLOS shall be required to conform to Best Management Practices (BMPs) as provided by Miami-Dade County Code. Owners of commercial or industrial properties where BMPs are required, shall, at a minimum, demonstrate that their on-site stormwater system is inspected two times per year and maintained and cleaned as required. Private residential developments in areas where BMPs are required shall demonstrate that their on-site stormwater systems are inspected two times per year and maintained and cleaned as required. Policy 3.2 The City of Aventura shall work with Miami-Dade County and the South Florida Water Management District to better identify the developed urban areas within the City that do not have protection from a one in ten year storm. City of Aventura Comprehensive Plan (DRAFT) Page 11862-3 of l S~ Transmittal Draft ~l-b-£g!~?-t~--~J~r--~QQ-9--3-~6--.-~-~2?~.r-£k~£l~--r~4--~d~qs-t£[{£l~{r--q:~d-.~c~r Objective 4 Aventura shall protect and preserve the biological and hydrological functions of the wetlands identified in the Land Use Element. Future impacts to the biological functions of publicly and privately owned wetlands shall be mitigated. Publicly acquired wetlands shall be restored and managed for their natural resource, habitat and hydrologic values. Measure: Number of acres and condition of identified wetlands. Policy 4.1 The degradation or destruction of wetlands shall be limited to activities that 1) are necessary to prevent or eliminate a threat to public health, safety or welfare; or 2) are water dependent, clearly in the public interest and no other reasonable alternative exists or; 3) are carried out in accordance with an approved basin management plan or; 4) are in areas that have been highly disturbed or degraded and where restoration of a wetland with an equal or greater value in accordance with federal, State and local regulations is feasible. Habitats critical to endangered or threatened species shall not be destroyed. Policy 4.2 Off-road vehicles shall not be allowed in publicly owned and managed wetlands identified in the adopted Land Use Element unless there are permitted facilities or areas specified for their use. AQUIFER RECHARGE GOAL To protect the City's natural drainage features and enhance the capabilities of the groundwater recharge areas. Objective 1 The City shall support the efforts of the County to identify significant ground water resources and protect them through land use controls, public acquisition, easements or other appropriate methods. City of Aventura Comprehensive Plan (DRAFT) Page 12~a:2-.~ of1544 Transmittal Draft Measure: N~mbe~--of-~gr~rmd--w~te~-pr~grams a~-po]~ieies-4mptemen~ed~-Aquifer water quality. Policy 1.1 The City shall implement a program to monitor groundwater supply conditions in conjunction with the County and the South Florida Water Management District. City of Aventura Comprehensive Plan (DRAFT) Page 13~3~2-3 of 15~t4 Transmittal Draft Policy 1.2 The City, in conjunction with Miami-Dade County, shall develop and adopt minimum environmental standards regarding: prime recharge area protection, water table manipulation, and wellfield drawdown standards. Policy 1.3 The City shall institute a comprehensive program responsible for educating businesses and residents of: the County's current water conservation policies, the fragility of the aquifer, methods to reuse and conserve water, well abandonment problems and rules, and benefits of drought resistant plants (xeriscape). Policy 1.4 The City shall adopt policies to protect the Biscayne aquifer. These shall include policies which address: 1. Public wellfield and landfill siting 2. Siting of industrial land uses which use hazardous materials or generate hazardous waste 3. Siting of hazardous waste collection facilities for households. 4. Additional protection of the aquifer from saltwater intrusion 5. If necessary, support the expansion of the Hazardous Material Emergency Response Team SOLID WASTE GOAL TO DEVISE A SOLID WASTE MANAGEMENT SYSTEM IN CONFORMITY WITH FEDERAL, STATE AND COUNTY STATUTES WHICH PROMOTE THE PUBLIC HEALTH, SANITATION, ENVIRONMENTAL PROTECTION, AND OPERATIONAL EFFICIENCY FUNDED BY FAIR AND EQUITABLE METHODS. Ctty of Aventura Comprehensive Plan (DRAFT) Page Transmittal Draft Objective 1 The City shall ensure that the public health, sanitation and environmental protection will be maintained by continuing to franchise with private haulers for areas of the City currently being served by private haulers. Measure: Availability of solid waste service for every business and residence. Policy 1.1 By 2000, in order to serve the residents of Aventura in a more efficient manner the City shall study and consider assuming the responsibility of solid waste services that are currently being serviced by Miami-Dade Cotmty. Policy 1.2 The County Solid Waste Management System, which includes County-owned solid waste disposal facilities and those operated under contract with the County for disposal, shall, for a minimum of five (5) years, collectively maintain a solid waste disposal capacity sufficient to accommodate waste flows committed to the system through long-term interlocal agreements or contracts with mtmicipalities and private waste haulers, and anticipated non-commttted waste flows. Aventura will adopt the LOS established by Miami-Dade County at a minimum disposal capacity of five (5) years, based upon a total waste generation of seven (7) pounds per person per day. Ciiy of Aventura Comprehensive Plan (DRAFT) Page 15~&24 of 15t4 Transmittal Draft 33.b_ra~[-n..tfs-l.~r-.q2!OO9-~-6-'-O--].[W?.~9~-t-u~:eth-r~3£~g~t~£~q~-4°c~ Comprehensive Plan HOUSING ELEMENT GOALS, OBJECTIVES and POLICIES Prepared for The City of Aventura Community Development Department 2999 N.E. 191 Street, Suite 500 Aventura, Florida 33180 (305) 466-8900 Prepared by IVEY, HARRIS & WALLS, INC. 631 S. Orlando Avenue, Suite 200 Winter Park, Florida 32789 (407) 629-8880 Table of Contents HOUSING GOAL ..................................................................................................................................... 33~3.~3 Objective 1 .............................................................................................................................................. 33333 Objective 2 .............................................................................................................................................. ~d3 Objective 3 .............................................................................................................................................. 66554 Objective 4 .............................................................................................................................................. 66~_~ Objective 5 .............................................................................................................................................. 77776 Objective 6 .............................................................................................................................................. 7~ City of Aventura Comprehensive Plan (DRA/~T) Page 24~3 of_76 Translmitlal Draft HOUSING GOAL TO ACHIEVE A BALANCED AND AFFORDABLE RANGE OF HOUSING STOCK; TO ENCOURAGE THE DIVERSIFICATION AND DISTRIBUTION OF THE HOUSING STOCK; TO ELIMINATE SUBSTANDARD STRUCTURES; AND TO CONSERVE A GOOD QUALITY HOUSING STOCK. [9J-5.010(3)(a)] Objective 1 Within one year of Plan adoption, provide the framework for a housing program that encourages the creation and preservation of affordable housing for all current and anticipated future Aventura residents. [9J-5.010(3)(b)l] Measure: A~n~[.L~-Deve~pment~Reg~ti~ns-~r~ai-er~ages.~eati~n.ami.P~e~v~ti~n of--affo~ddole--housmg;Number of programs developed that encourage or publicize affordable housing opporttmities. Policy 1.1 Through implementation of the housing program, and the Intergovernmental Coordination Element Aventura will coordinate with appropriate private and non-profit agencies to improve housing production. [9J-5.010(3(c)1] Pohcy 1.2 Through the comprehensive planning process and the development of the Land Development Regulations (LDRs) a streamlined permitting process will be established; providing for efficient review with minimal delays and costs. [9J-5.010(3)(c)2] The City of Aventura will provide to-fts those residents and individuals employed within the City_.' 1. -access to information pertaining to county wide programs to aide in job trainingt City of Aventura Comprehensive Plan (DRAFT) Page 345g-3 of 76 Tramlmitlal Draft 2. day-care facilities, 3. English language courses (ESOL) and high school equivalent (GED) which are currently provided by the following agencies: · Children and Families Miami-Dade Community College · Miami-Dade Public Schools The City of Aventura shall actively participate in the joint Florida Department of Commtmity Affairs / South Florida Regional Planning Council "Regional Affordable Housing Strategy". Once the final recommendations of the joint Florida Department of Community Affairs/South Florida Regional Planning Council "Regional Affordable Housing Strategy" are issued~ the City shall incorporate these recommendations into a ciWwide affordable housing policy~ to the maximum extent consistent with existing land use, design, urban servicet transportation, environmental and social conditions in the Cityt including consideration of applicable goal~t objectives and policies. This policy will be incorporated in the form of an amendment to the adopted comprehensive plan. ~he amendment will be initiated with six months~ or the first available amendment cycler following completion of the "Regional Affordable Housing Strategy". Objective 2 Through the comprehensive planning process and the development of LDRs a code enforcement system to eliminate substandard housing, encouraging the rehabilitation or City of Aventura Comprehensive Plan (DRAFT) Page 44~R-3 of 76 Translmi~al Draft f:\proi\00936.01 \wp\gops~t rikethru~housing.doc~b~ainkr~t~\pr~O0936:0't x~P~q°pahavih~aat~h°u~in~: d~~~-~-3~ improvement of existing housing, while accounting for potentially historically significant housing will be established in LDR's. [9J-5.010(3)(b)2], [gJ-5.010(3)(b)5] Measure: Adoption of Land Development Regulations that establishes a code enforcement system that will aid in eliminating substandard housing, encourages the rehabilitation of existing housing, and identifies potentially historically significant housing. Policy 2.1 Aventura does not contain any historically sigmficant housing at this time, however, the City recogmZes its responsibihty to ensure that the quality, stability, and maintenance of the housing stock be addressed in the City's housing program. [9J-5.010(3)(c)3] Policy 2.2 The following classifications will be used to determine the condition of the housing stock, once the condition of a structure is determined the appropriate conservahon, rehabihtation and demohtion strategy will be implemented. [9J-5.010(3)(c)4] 1. Good/Standard: Structure is in a good state of repair; well painted; eaves soffits and gutters are in a good state of repair; windows, doors, and exterior walls all in good condition. Slight defects can be repaired by the homeowner. Minor Repair/Deteriorated: Structures needing paint; minor repair to roof, soffits, eaves, or gutters required; minor repair to doors, windows or exterior walls required. These umts have one (1) or more major defects which indicate a prolonged lack of regular maintenance and cannot usually be repaired by the homeowner. However, the repairs are still economically feasible to complete and rehabilitate the structure to the standard condition. Major Repair/Dilapidated: Structures which appeared to need major repairs to roof, windows, doors, and exterior walls. These units possess one (1) or more critical defects which prevent the safe and adequate shelter of its occupants and providing no feasible alternative to demolition. CiW of Aventura Comprehe~sive Plan (DRAFT) Page 54-_5_g-~ of 76 Translmitlal Draft Objective 3 Due to the value of land, and the limited undeveloped land available within Aventura it is difficult to determine the level of affordable housing sites that will be accessible, however, because of the uniform value of the land any affordable units provided will be distributed. There are no sites available for mobile homes. [9J-5.010(3)(b)3] Measure: Number of affordable housing units. Policy 3.1 Through implementation of the housing program, and establishment of the LDRs, appropriate criteria allowing diverse housing types will be developed, including the provision of services to support the housing stock through the concurrency management ordinance. Aventura is an urban area, therefore, there are no rural uses or need for farmworker households. [9J-5.010(3)(c)5] Policy 3.2 Through implementation of the Future Land Use Plan and implementing LDRs sufficient densities are delineated to allow affordable housing. Due to the extent of existing development sites appropriate for affordable housing are limited. [9J-5.010(3)(c)11] Objective 4 Through the implementation of the Future Land Use Plan and the LDRs, adequate categories to allow group homes and foster care facilities licensed or funded by the Florida Department of Health and Rehabilitative Services will be implemented by LDR's. [9J-5.010(3)(b)4] Measure: Enactment of Land Development Regulations that allow group homes and foster care facilities licensed or funded by the Florida Department of Health and Rehabilitative Services. Policy 4.1 Through the implementation of the Future Land Use Plan and the LDRs, Aventura will encourage the establishment of group homes and foster care facilities in a manner consistent with Chapter 419, F.S. to guide the development of these licensed facilities in a non-discrirnmatory Ci~ of Aventura Comprehensive Plan (DRAFF) Page 645gg of 76 Transhnittal Draft manner. Based on the concurrency management system adequate infrastructure and public facilities will be in place. [9J-5.010(3)(c)6] Objective 5 In the event that the implementation of the housing program results in the elimination of substandard occupied housing the City of Aventura will provide relocation housing to those displaced, as necessary and required. [gJ-5.010(3)(b)6] Measure: Number of relocation homes provided. Policy 5.1 The City of Aventura will provide appropriate relocation housing for any displaced individuals. [9J-5.010(3)(c)9] Objective 6 Upon plan adoption, and -~as part of the on-going formulation of the City of Aventura's operating policies and procedures, and-the-Gomprehensive-P--lat~--i-mptementatlon-st~ategies--a an affordable housing implementation program-~witt-~e-de~eloped~y--2004shall be maintained. [9J-5.010(3)(b)7)] Measure: Creation of housing implementation program consistent with the following policies. Policy 6.1 Where apphcable the City will utilize, and in a coordination effort, encourage housing providers to utilize federal, state and county subsidy programs. [9J-5.010(3)(c)7] Policy 6.2 Due to the unusually high property values, coupled with limited vacant land, the City of Aventura's housing program may require the City to consider entering into an interlocal agreement to provide a framework for the provision of affordable housing. [9J-5.010(3)(c)10] City of Aventura Comprehensive Plan (DRAFT) Page 7~4-5_~. of_76 Translmittal Draft Comprehensive Plan ECONOMIC DEVELOPMENT ELEMENT GOALS, OBJECTIVES and POLICIES Prepared for The City of Aventura Community Development Department 2999 N.E. 191 Street, Suite 500 Aventura, Florida 33180 (305) 466-8900 Prepared by IVEY, HARRIS & WALLS, INC. 631 S. Orlando Avenue, Suite 200 Winter Park, Florida 32789 (407) 629-8880 Table of Contents Table of Contents ...................................................................................................................................... 22-2~:~ GOAL: .............................................................................................................................................................. Objective 1: ............................................................................................................................................. 3ggg-3 · ' 33333 ObJective 2: ............................................................................................................................................. Objective 3: ............................................................................................................................................. 4~dd CiOi of Aventura Comprehensive Plan Page 2L24~ of q~ Transmittal Draft f [p~rg.t~O0936 01 ~y2~E~g2q//s~str kethru economic, dock~br~in ~j.~ c ~ ~...~ ~ GOAL: THE CITY OF AVENTURA SHALL ACTIVELY PROMOTE AND ATTEMPT TO MAINTAIN OR IMPROVE THE ECONOMIC VITALITY OF THE CITY, IN ORDER TO MAINTAIN A LOW MUNICIPAL PROPERTY TAX RATE. Objective 1: By 2000, the City shall identify areas for improvement in the development approval process. Pohcy 1.1: The review should consider all facets of the development approval process, from the formal apphcations to identification for targeted businesses and report their finding to the City Comrmssion. Policy 1.2: The development approval process shall be examined to identify opportunities for streamlining to remove any steps that are duplicative or candidates for consolidation. Policy 1.3: The Community Development Department should identify emerging development trends such as crime prevention through environmental design (CPTED) and new urbanism design techniques for consideration for inclusion within the land development code. Objective 2: Prior to 2001, The City of Aventura shall convene a meeting between the City, the Aventura Marketing Council and the recently formed Aventura Chamber of Commerce to discuss the preparation of a unified approach to marketing the City and business attraction. City of Aventura Comprehensive Plan Page 3~ of ~q~q Transmittal Draj~ .~.~-I? ~.~ ~9-3- ~ -(~ ~-~-w- ~-~ g qP.C\ ~~ri-k- ~ -t ~ r~-~-c-~-n- ~ FE --c---d- ~ C ~ ~ ~Z~-~-~- -:-~- 2 -~E'--.~t-~ ~ ~ ~-~: ~- ~-~ ~-~' g~-- Policy 2.1: The attraction of new businesses to Aventura is a function best delivered through a coordinated and cooperative effort developed cognizant of other's proposed programs. Objective 3: By 2001, the City of A ventura shall study and review the possibility of creating a Community Redevelopment Agency (CRA). Measure: EstabliGfifficFlt of CR.^.. Policy 3.1: The study area for a CRA shall include some portion, if not all, of the Hospital area, the Thunder Alley area, and! or the Biscayne Boulevard corridor. City of Aventura Comprehensive Plan Transmittal Draft Page~of44444 t L'u?r9L\Q"Q~}_p..9Jl1!2Q.\g.QP.~.L!?1!.!..~!!lh!.H.L~f9J1Qmjfc~tQfL~_~J.:€!t!!.Lt!!&ll:,[fJ?J~~~fL~__ __.J?J.:L_lfF-_l2'.?.. BROW^RD COUNTY MIAMI-DADE COUNTY CITY OF AVENTURA LA. ND USE CATEGORIES i MediLrn Densib/ ~ Residential CIl~ ~ Town Cente~ LIMIT Road CF ~'~ ~ Park ADDITIONAL ADJACENT lAND USE CATEGORIES ~ Medium High Density B Street Dumfourdling Bay Maulo Lake Map 1-7 BEACH Pr..opose.d. Future Land Use W~th AdJacent Land Uses & Parks & Open Space City of Aventura Comprehensive Plan - SCALE IN FEET 0 1000 2000 4000 Ivey, Harris & Walls, Inc. ORDINANCE NO. 98 - AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE COMPREHENSIVE PLAN OF THE CITY OF AVENTURA (THE "PLAN"), PURSUANT TO SECTION 163.3161, ET SEQ. FLORIDA STATUTES, "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT;" PROVIDING FOR SEVERABILITY; REPLACING PREVIOUSLY APPLICABLE MIAMI-DADE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Aventura has retained planning consultants to assist in the preparation of the first Comprehensive Plan for the City of Aventura (the "Plan"); and WHEREAS, the City's consultants have prepared a draft of the proposed Plan, after extensive input and participation by the public and the City Commission, pursuant to workshops and public meetings; and WHEREAS, in accordance with the City's procedures and Section 163,3184, Fla. Stat., public notice has been given of the public hearings for the proposed adoption of this Ordinance adopting and providing the Plan; and WHEREAS, the City Commission, sitting as the local planning agency pursuant to City Code Section 34-1, has held a public hearing upon the Plan and has recommended adoption of the Plan to the City Commission; and WHEREAS, the City Commission has held public hearings upon the adoption of the Plan pursuant to this Ordinance; and WHEREAS, the City Commission finds that adoption of the Plan, in substantially the form attached hereto, is in the best interest of the City and complies with applicable laws and is consistent with the South Florida Regional Plan, the State Plan, the Local Ordinance No. 98-__ Page £ Government Comprehensive Planning and Land Development Regulation Act (the "Act"), and promotes and protects the health, safety and welfare; and WHEREAS, the City Commission desires to adopt the goals, objectives and policies of the attached Plan and all elements thereof as the Comprehensive Plan of the City of Aventura, in accordance with law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recit~ That the recitals set forth above are hereby adopted and incorporated herein. Section 2. Ado tion of Plan. That the goals, objectives and policies of the City of Aventura Comprehensive Plan, attached hereto as Exhibit "A" and incorporated herein, are hereby adopted as the Comprehensive Plan of the City of Aventura, Florida, in accordance with the ACt. Section 3. ~. 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. Reolacement of County Comprehensive Plan. That upon adoption, 2 Ordinance No. 98-__ Page 3 the Plan shall serve to replace the Miami-Dade County Comprehensive Plan, previously applicable pursuant to Section 163.3167(4), Fla. Stat., and City Charter Section 8.03, to the fullest extent allowed by law. Section 5. Transmittal. The Clerk is directed to timely transmit the Plan and all data and analysis to the State of Florida Land Planning Agency. Section 6. Effective Date. That this Ordinance shall be effective immediately upon passage by the City Commission on second reading, except that the effective date of the Plan approved by this Ordinance shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the Plan in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on such Plan adoption may be issued or commenced before the Plan has become effective. The Department of Community Affairs notice of intent to find a plan in compliance shall be deemed to be a final order if no timely petition challenging the Plan is filed. The foregoing Ordinance wes offered by Commissioner Beskin, who moved its adoption on first reading. The motion was seconded by Commissioner Rogers-Libert and upon being put to a vote, the vote wes as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert yes yes yes yes yes Ordinance No. 98-__ Page ,~ Vice-Mayor Ken Cohen Mayor Arthur I. Snyder yes yes The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice-Mayor Harrry Holzberg Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 20th day of July, 1998, for transmittal to the Department of Community Affairs pursuant to Section 163.3184(3), Florida Statutes. PASSED AND ADOPTED on second reading this 15th day of December, 1998. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY A'I-rORNEY CITY OF AVENTURA OFFICE OF THE CITY COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: Eric M. Soroka, City Manager Jay R. Beskin, City Commissioner December 9, 1998 Proposed Regulations for Windshield Flyers December 15, 1998 City Commission Meeting Item I { Please place the following motion on the Agenda: Motion to authorize the City Attorney and City Manager to prepare regulations relating to windshield advertising flyers. JRB/tms SADIE BLUMENTHAL Apt. 717E 2851 N. E. 183rd St, North Miami Beach, Florida 33160 City of &~re~tura Community De~zelopment Dep~rtment 2 ~99 ?z. E. 19!s~ St. Suite 500 Aventura, Florida, 33180 RECEIVED DEC ~ ~ '~' C, OI~UNITY DEVELOPi~ENT Re: Y,,ur Wotice Of Public Hearing for Ap~-licant ~E qP VI~ Inc. &~vlic~tion ~um~ers 13-SP-98, 02-REE- 9i~, 09-V~R-98 for ~r,pesed buil~inTs on ~,~.E. corner of ~E 25 Court a~d NE!~5 §t. As a resiSent of Adr, iral's Port Esst on ~.E. l$3rd St., we have ffelt the stress, an~oy:~nce inconvenience of e×cessi~ely he~vy +raffia newly narrowed 1~$3r5 st. and increasingly hearty traffic on l$5th St. (?.E.~ mow used on ~ dai!;z two-direction b~sis by the incre~sin~ population E,~st o~ °iscs~e °lvd. using 'ooth 153rd and l~5th mhe orese~t ~nd ~ear ~ture density from under cons*~ction ~md recently completed in tais exact area is too ~e3t For the limited access and e~ess orovided by the two restricted streets. The resultant lon~ lines of traffic and tie-uos at the intersections of this area and the outlets to Oiscay~e ~1~. are already over stressed. How con co~timm~d buildin~ be oermitted in these already overcongested canyons? ~ud '~? (wot the sake of those residen+s ~tready emsconced in this narrow corridor who could mot haxre envisioned such a heavy imf lux oF zi~ffantic ~rojects - eaten a few · ~ears a~o - before the ';fil!iams Islam~ projec+s ~oeo~me so oopu_!o?s.) ~e oositivel~ a~hor the co-rimmed orofusion of residential umits is this ~lready ove~crow~Sd sm~!l area anti +he utter imco-osideration o'[ the s,~fety of all of us now livim~ here in the event of u~co~otrol!ed RECEIVED JO.J' PN 15. KALL R & AJ'J'C~tATCf PA RECENED DEC 1 5 1998 COMMUN~Y OEVELOPMENT ARENITf_(TURf_' INTf_R1ORJ' PLANNING Decemb~ 14, 1998 City of Avetltora Community Dcvelopmeqt Dcpartmcm 2999 N,E, 191 Street ~ili[~ ~00 · Aventura, Florida Attea~tion: Reforenc~: Mr. Erik M. Soroka City Manager Mor'atorim~ Waiver Request for Office Building located between N.E 206 Street and N.E. 207 Str(~t East of East Dixie l-tighway. (Lots 12 through 30, Block 8 of Hallandale Park No.4, p.B. 20. P 49, Dado County, Florida.) De~r Mr. We would like (o wkhdraw our "Moratorium Waiver Request" on the subject propc~.y referenced above, until the Owner of tho property has identified the variances that wmtld be needed as requested by one of the tenants of thc proposed offic~ building Please remove our "Waiver RequeSt" agencb item from thc Dcc..~,lber 15, 1998 Commission Meeting. Pleas8 call ine with azly eoffilllen~s or qoe$lion$ you ~tlay have r~,a£diflg this letter. As Boon ~lS the variance is er*hied, we ,,viii proceed with the "Waiver Request" and finalize our Construction Documents wifldn the 90 day period. Very Truly Yours, ,n,/} a ~osep'h B. Kallor. P es'de t Ios~ph B. Kalle~ & Assoc., P.A, c:\w\1998\gg0R ?let.doc 2417 HOLLYWOOD BOULEVARD- HOLLYWOOD, FLORIDA 33020 PHONE: 954/920-5746 1-8OO-481-2647 FAX: 954/926-2841 JO../ PN 15. KALLF__R & AJ'J'C(IAT~5 PA ARCNIT CTUR · INTF__RIORu". PLANNING December 14, 1998 City of Avenlma Cominum'tv Development Department 2999 N.E. 191 Street Sifiie 5oo Aventura, Florida Attentiou: Reference: Mr Erik M. Soroka City Manager Moratorium Waiver Rcqnest for Ollicc Building located between N.E. 206 Stree! and N.E. 207 Street East of East Dixie flighway. (Lots 12 through 30, Block 8 of Hallandale ['ark iXio 4, P.B. 20, P49, Dada Count),, Florida.) Dear Mr. Soroka: We would lika io withdraw our "Moralorimn Waiver Request" on tile subject prope~' ;'efe~enced above. until tlle O~vner of the proper;:, has identified the variances that would be needed as requested by one el the teoants of the proposed office building Please remove our "Waiver Request" agenda item from the December 15, 1998 Commissmn Mcclmg Please call me with auv conmlents or questions yon nmy have regarding this letter. As soo, as tl-c variance is granled, we will proceed with thc "Waiver Request" and finalize our Constmcl km I)ocuments within tile 90 day period. Uoscph B. Kaller. President Joseph B. Kaller & Assoc., P A c:\w\ 1998\9808 ? Icl doc OFFICE OF THE CITY MANAGER 2417 HOLLYWOOD BOULEVARD- HOLLYWOOD, FLORIDA 33020 PHONE: 954/920-5746 1-8OO-481-2647 FAX: 954/926-2841 December 15, 1998 LAW OFFICES BERCOW Ex RAOELL Ms. Brenda Kelley Director of Community Development City of Aventura 2999 N,E. 191 Street Suite 500 Aventura, Florida 33180 Re: Sign Variance for Busy Body Biscayne Boulevard and Northeast 2 ! 3 Street Dear Ms. Kelly: As per our conversation this afternoon, this letter will confima that the property that is the subject of the referenced application (a.k.a. Busy Body Home Fitness) meets the definition of a thru-store pursuant to the City of Aventura sign code. Accordingly, Busy Body is entitled to one wall sign along the principal frontage and an additional wall sign limited to 50% of the primary sign. In the present case this permits Busy Body one of two options, assuming that the store has 75fl. of primary lineal frontage along the south: l. A primary sign along the south 75 sq. 1~. in size, and a 37.5 sq. 1~. sign along the west; or 2. A primary sign along the west 55 sq. ~. in size, and a 27,5 sq. t~. sign along the south. Please acknowledge your agreement with the terms of this letter by signing below where indicated. Ben Fernandez ~//~ BF:anj Brenda Kelly, Director of Community Development MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and LeGal Holidays Miami, Dada County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertlstng of the Miami Daily Business Review fflda Miami Review, a dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dado County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In tho matter of CITY OF AVENTURA PUBLIC NOTICE OF PROPOSED ORDINANCES MEETING 12/15/98 In the ........... XXXXX Court, uhll In s I paper in the Issues of Affiant further says that the said Miami Daily Business Review Is a newspaper published at Miami In said Dede County, Florida, and that the said newspaper has heretofore been continuously published in said Dede County, Ffodda, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at tho post office in Miami in said Dede County, Flodda, for a pedod of one year next preceding the Ilret publteation of the attached copy rtleom®nt; and affiant further says that she has nei d nor promised any person, firm or corporation a nt, rebate, commlesfon or refund for the purpose o g this vertlsement for publication In the said 2 0 S~g~b~crtbed before mo ...... day of ........................ , A.D. 19 ...... CITY OF AVENTURA PUBLIC NOTICE OF PROPOSED ORDINANCES NOTICE tS HEREBY GIVEN that on Tuesday, the 15th day of De- cemesr. 1998.'et a meeting of the City Commissioh of the City ct Aventura. to be hdld at 6:00 p.m. ~n the Commission Meeting Room at the Biscayne Medical Arts Building, 21110 Biscayne Bouleva~, Suite 101 Aventura. Florida, the City Commission wil consider the adoption of the following Ordinances on second reading, entitled: AN ORDINANCE OF THE CITY OF AVENTURA. FLORIDA. AMENDING THE CITY CODE BY AMENDING CHAPTER 34 · PLANNING AND ZONING". AMENDING ARTICLE IV "ZONING" AT DIVISION ~GENERALLY' TO CREATE SECTION 34-95 "RESTRICTION UPON VARIANCE AND OTHER DEVELOPMENT APPLICATIONS"; TO PROHIBIT ACTION UPON APPLICATIONS PRIOR TO ABATEMENT OF VIOLATION; REQUIRING REMOVAL BOND UNDER CERTAIN CIRCUMSTANCES: PROVIDING FOR SEVER- ABILITY; PROVIDING FOR INCLUSION IN CODE: PROVID- ING FOR EFFI~CTtVE DA~E AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 98-22, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 1998/99 FISCAL Y~J%R BY REVISING THE 1998/99 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED~ iN EXHIBI~ "A"' All'ACHED rlERETO;, AUTHOR ZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE: PROVIDING FOR AN EFFECTIVE DATE. The proposed Ordinances may be inspected by the public at the Of- fice of the City Clerk, 2999 N.E. 191st Street. Suite 500. Aventura, Flodda Jntareste~ padles may appear at the Public ,Hearin~ .a?d be heard ~With resibect to the' proposed Ordinances; A,ny ~.r~n w~sh~ng !o address the City Commission on Any tern at thru Pu'bhc Hearing ~s asked to register with the City Clerk prior to that item being heard. '~n accordance with the Americans With Disabilities Act of 1990. all persons who are disabled and who need special accommodations to participate in this proceeding because of that diesbilily shouio contact the Offibe o~ ~e Cffy Glerl~, 305-466-~9~1, not later "{han tw~ bus~ness days pber t0 sGch proceedings. ,f a carson decides to appea~ any decision made by the City Com- mission with resesct to any matter considered at a meeting or hesnng, that person will need a record of the prdeesdings and, for such pur- pose, may need to ensure that a verbatim record of the oroceedings is made, which record include~ the testimony aha evi~l~ e, nce upon which the appeal is to ~e based. Dated November 20. 1998. Teresa M. Smith, CMC, City Clerk 98-4-112037M A I~ight-Ridder Newspaper PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared: JANEY ANDERSON who on oath says that he/she is" CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at Miami in Dade County, Florida; that the attached copy of advertisement was published in said newspaper in the issues of: Monday November 30,1998 Page 6b Affiant further says that the said The Miami Herald is a newspaper published at Miami, in the said Dade County, Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the fa-st publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspapers(s). .... 5tlh_.~3 l}fi~Q,~ January , 199~ My Commmmon t ~;l{4GlbaA ~ ~n~ LtC~:'.~ i Exp ras October 17 2001 I~uv~srJJr~ q*?;~.~¢~:~/~ ~ ~ · · · Ion ........ NO. ~78~¢ V~rgmia J. Q~ ~1 ~ ..... One Herald Plaza, Miami, Florida 33132-1693 (305) 350~2111 CITY OF AVENTURA NOTICE OF HEARING OF LOCAL PLANNING AGENCY AND NOTICE OF ADOPTION OF COMPREHENSIVE PLAN The City of Aventura Local Planning Agency will meet in a public hearing on Tuesday, December 15, '/998 at 5:45 p.m: to consider adoption of the following Rosolutiom A RESOLUTION OF THE CITY OF AVENTURA LOCAL PLANNING AGENCY RECOMMENDING ADOPTION AND TRANSMII-FAL OF THE CITY OF AVENTURA COMPREHENSIVE PLAN, AI'fACHED HERETO AS EXHiSIT "A"; AND PROVIDING AN EFFECTIVE DATE. The public hearing will be he d at the B scayne Medical Arts Bu ding located at 21110 Biscayne Boulevard, Suite 101, Aventura, 'Florida. The proposed Resolution may be inspected by the public at the Office of the City Clerk, 2999 N.E. Iglst Street, Suite 500, AVentura, Florida. Interested parties may appear at the Public Hearing and be heard with respect to the proposed Resolution. Any person wishing to address the Local Planning Agency on any item at this Public Hearing is asked to register with the City Clerk prior to that item being heard. Immediately following the Local Planning Agency'meetin~, the City Commission of the City of Aventura wJl] consider at a public hearing adoption of the forlo,~ing Ordinance on second reading providing for the final adoption a~lransmittal of the Comprehensive Plan to the State of Florida Department of Community Affairs: AN ORDINANCE OF THE CITY OF AVENTURA, ~ORIDA, ADOPTING THE COMPREHENSIVE P~/'~ O~ THE CITY OF PURSUANT TO~EGT~.~;{E61' ET SEQ. ~. Ft~O.R!pA STATLJ,TES, ~.~,. ,.~'A. OCAL. ~ GOVERNM;ruT COMPREHENSIVE PLANN '1~ ~':~)~E~E/npu~-~- REGULATION ACT: PROVIDING'FOR SEVERABILITY; REPLACING PREVIOUSLY APPLICABLE MIAMI-DADE C(~UNTY COMPREHENSIVE P~N; PROV DING FOR AN E~ECTIVE DATE. ~; A C0mprel~nsive Plan is a State ~r da required dOCument that provides the (~ity's specific objectiv~ ii,rOugh the follow~g elements: Future Land Use Elemen, nfrasff~cture Element, Capital Improvements Element Coastal Management Element;: Recreation Element, Intergovernr~ental Coord nation Element, Transportation Element, Urban Design E'~ment and Economic Development Element. MIAMI DALLY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that 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 Dada County, Florida; that the attached copy of advertisement, beino~Tya Legal Advertisement of Notice in the matter Cfc1~ AVEHTURA PUBLIC HEARING - 12/15/98 APPLICANT NAME: BUSY BODY, INC. APPLICATION NUMBER: 03-SV-99 xxxxx in the ................................................................................ Court, w~ 8u~lis~e..d in l~,~l~spaper in the issues of Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said bade County, Florida, and that the said newspaper has heretofore been continuously published in said bade 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 Dada County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any per or corporation any disco t rebate commi ' r the purpose ofi~~sec ng this advertise on in the said 4 Sw~r~)u~.~ribed before me t~ ........ day of ............................................................ , A.D. 19 ...... (SEAL) i ~ ~,, O~AL .OTA"Y-~A~-' i I ~,~" ~'~ CHERYL H MARMER I Octe~ma V. F,I~'"~Ti'~r.~ kne~;aaaaa, ,~e~, I APR. 12,2000 CITY OF AVENTURA NOTICE OF PUBLIC HEARING DATE AND TIME OF PUBLIC HEARING: APPLICANT NAME: APPLICANT REQUEST: APPLICATION NUMBER: LOCATION OF SUBJECT PROPERTY: LEGAL DESCRIPTION: Tuesday, December 15 1998 6:00 p.m. Busy Body. Inc. The applicant 18 requesting a sign van- ance to allow a secon(3 wall sign of approximately 88 square feet where only one s~ga is allowed by code. 03-SV-99 21155 Biscayne Boulevard Lengthy legal descbetion - You may con- tact the Community Development Depart- ment for the complete legal description. Plans are on file and may De examined dudng regular business nours ~ the City of Aventura, Community Development Department, 2999 NE 191 Street, Suite 500, Aventura, Florida. 331B0. Plans may De modified at or before the Public Hearing. application may change during the nearing process. The Public Headng will be held at Aventura Medical Arts Building, 21110 Biscayne Boulevard Suite 101, Aventuru.r~eFIorida, 33180. Your comments may be mace :- person at th~&aring or filed in wntmg odor to the hearing aare. Refer to applicant/property on correspondence and mail same to City of Aventura~ Community Development Department, 2999 NE 191 Street, Suite 500. Aventura, Florida. 33180. For further information, p~ease call (305) 466-8940 in accordance w~tn the Americans with Disabilities Act of 1990 all Demons WhO are QlSaDleQ ano who need special accommodations to participate m ires proceeding because of that disability should contact the Office of the C ~y Clerk, 466-8901. not later than two business days If a person dec,des to appeal any decision made by the City Council with respect to any matter considered at a meeting or hearing, that person will need a' record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the ~ppeal is to be based. · Teresa M. Smith, CMC, City Clerk 12/4 98-3-120421M MIAMI DALLY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that 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 Dada County, Florida; that the attached copy of advertisement, bein a Le al Advertisement of Notice in the matter of C!tT or AVENTU PUBLIC HEARING - 12/15/98 APPLICANT NAME: AVENTURA TURNBERRY JEWISH CENTER-BETH JACOB, INC. APPLICATION NUMBER: 96-476 XXXXX in the ................................................................................ Court, w u lis d in ' spaper in the issues of Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dada County, Florida, and that the said newspaper has heretofore been continuously published in said 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 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 she has neither paid nor promised any person 'rm or corporation any disco , rebate, commiss for the purpose of secu this advertise tion in the said 4 Sv~r6 ~ ~nl~u~ r ibed before m e tl~S8 ........ day of ............................................................ , A.D. 19 ...... ! ,~[x ~, CHERYL H MARMER (SEAL) Octelma v. Ferbeyre pe~c~n~n~ me~ CC§45384 I '-,'~- 'q" ^q; '"' - '' ~'O00 E<"O~= f%O APR. CITY OF AVENTURA NOTICE OF PUBLIC HEARING DATE AND TIME OF PUBLIC HEARING: Tuesday, December 15. 1998 6:00 p.m. APPMCANTNAM£: Aventura Tumberry Jewish Centar-Beth Jacob. Inc. APPLICANT REQUEST: The aop[icant is requesting modification of previously approved plans to allow the expansion of an eXlsbng day~cere/pre- school/elementary school from an enroll- ment of 190 students te 250 students. APPLICATION NUMBER: 96-475 LOCATION OF SUBJECT PROPERTY: 20400 N.E. 30 Avenue LEGAL DESCRIPTION: Tract "A" of AVENTURA JEWISH CENTER.-Plat Book 137. Page 53; Tract "1". Block 16 of REP[AT OF A PORTION OF HALLANDALE PARK NO. 8 Plat Book 40 Page 97; Tract "2" of [AURANNA. P-lat Book 76. Page 31: and L.OtS 1. 2 and 4. Block 16. of REPEAT OF A PORTION OF HALLANDALE PARK NO. 8 PLat Book 20. Page 49. Lying ana De~ng in Section 34 Township 51 South. Range 42 East. SIZE OF SUBJECT PROPERTY: Approximately 3.82 acre~ Plans are on file and may be examined dun~g regular business nours in the City of Aventura. Community Development Depla*t- merit. 2999 NE 191 Street. Suite 500, Aventura, Florida. 33180. Plans may be modified at or before the Public Hearing. The apphcaeen may change dunnc~ the nearing process. The Public Hearing wdl be held at Aventura Medical Arts Building, 21110 Biscayne Boulevard, Suite 101, Aventura, Florida, 33180, Your comments may ee maee in person aL the hearing or filed - writing prior to the nearmg date. Refer to applicant/property on correspondence and mail same to City of Avontura, Community Development Department, 2999 NE 191 Street, Suite ~00, Aven- tura, Florida, 33180, For further information, please call (305) 466* 8940. In accordance with the Americans with Disabilit)es Act of 1990, all ~ persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the City Clerk, 466-8901, not later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City Council with respect, to any matter considered at a meeting or hearing, that person will need a record of the prqceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Teresa M. Smith, CMC, City Clerk 12/4 98-3-120422M MIAMI DALLY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dada County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sooide Williams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Daily Business Review f/ida Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dede County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA PUBLIC HEARING - 12/15/98 APPLICANT NAME: PRE GP VI, INC. APPLICATION NUMBERS: 13-SP-98, ETC. in the ........... ~ ..................... Court, w s published In s i mpaper in the Issues of Bec 4, Affiant further says that the said Miami Daily Business Review Is a newspaper published at Miami In said Dada County, Florida, and that the said newspaper has heretofore been continuously published in said Dsde County, Flodda, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office in Miami in said Dada County, Florida, for a period of one year next preceding the first publication of the attached copy ertlsement; and affiant further says that she has nalth id nor promised any person, firm or corporation any nt, mbata, commission or refund for the purpose of a ng this advertisement for publiostion in the said Swom to and subscribed before me this 4 December 98 ...... day of ........................ , A.D. 19 ...... (SEAL) I ~,~p,,x 0~/ CHERYL H MARMER I SOOk'® ~10ams ge~!t~a~l~ ~L~'n ~'o meGO~,ssaoe ,L~ ^.,.. 2, ooo ,I CITY OF AVENTURA ----~ ~I~TtCE~Fpu BM~ HEARiNEI~ 0ATE AND TIME OF PUBLIC HEARING: Tuesday. December 15, 1998 6:00 p.m. APPLICANT NAME: PRE GP VI, Inc. APPLICANT REQUEST: The applicant is requesting release of a prewous Resolution. Rezoning approval and associated miscallar~ous non-use vanances tc construct a 180 unit, multi- tamily residential rental developmem at the northeast corner of NE 28 Court and NE 185 Street. The requests are as follows: 1.Release of Resolutio~ NO. 3166 which granteci special pernst approval to allow a children's amusement Dark. zeological garoen aha circus winter quarters on the property; and 2.Rezoning of the property from IU-1 Light Industrial District to RU-4M. Modified Apartment House District: and 3,Variance from Chapter 33 of the Miami- Dada County Code to parma a total lot coverage of 32.66% where a maximum lot coverage of 30%~ts aliowKI; aed 4.Variance from Chapter 33 of the Miami- Dade County Code wich requires building separation of thirty (30). feet where a prevision of less than thirty (30) feet is proposed in some locations. APPLICATION NUMBERS: 13-SP-98, 02-REZ-98, 09-VAR-98 LOCATION OF SUBJECT PROPERTY: The northeast comer of NE 28 Court and NE 185 Street LEGAL DESCRIPTION:- Lengthy legal * You may contact the' Community Development Department for: this information. Plans are on file and may be examined during regular business: hours ~n the City of Aventura, Community Development Depart- ment, 2999 NE 1'91 Street, Suite 500, Aventura, Florida, 33180. Plans may be modified at or before the Public H~aring. The application may change during the hearing process. The Public Hearing will be held at Aventura Medical Arts Building, 21110 Biscayne Boutevard, Suite 101, Aventura, Florida, 33180. Your comments may be made in person at the hearing or filed in wnting prior to the hearing date. Refer to applicant/property on correspondence and mail same to City of Aventura, Community Development Department, 2999 NE 191 Street, Suite 500, Avert tura, Florida, 33180· For further information, please call (305) 466- 8940. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the City Clerk, 466-8901, not later than two business days ~rror to such proceedings. -- · If a person decides to appeal any decision made by the City Commission with respect to any matter considered a~.a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to-ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Teresa M. Smith, CMC, City Clerk 12/4 98-3-120423M MIAMI DALLY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE; Before the undersigned authority personally appeared Sooide Williams, who on oath says that she Is the Vice President of Legal Advertlalng of the Miami Dally Bualness Review f/ida Miami Review, a dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dada County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF AVENTURA PUBLIC HEARING - 12/15/98 APPLICANT NAME: UNITED STOR-ALL CENTERS ~ INC. APPLICATION NUMBERS: 01-SP-98 ETC. XXXXX In the ......................................... Court, w~lisz~®~d ,n~s~%q(~wspaper In the Issuas of Affiant further says that the said Miami Daily Bualness Review is a newspaper published at Miami In said Dsde County, Florida, and that the said newspaper has heretofore been continuously published In said Dada Cou~rty, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second ciasa mail matter at the post office in Miami in said Dada County, Florida, lora period of onee ys~,a~xt ~ye xt preceding the first publication of the attached coP~ advertisement; and affiant further says that she has nat nor promised any person, firm or corporation an at, rebate, commission or refund for the purpose ~ ~~°f g this a ®rtlaement.. for publication in the said ...... day of ......................... A.D. 19 ...... CHERYL H MARMER Sookle Williams personall~I ~1i O~J~(l~.O COMMI9~IO~ NUNBER CiTY OF AVENTURA NOTICE OF PUBLIC HEARING DATE AND TIME OF PUBLIC HEARING: · Tuesday, December 15, 1998 6:00 p.m, APPLICANT NAME: United Stor-Afl Centers, Inc. APPLICANT REQUEST: The applicant is requesting Site Plan approval and associated miscellaneous approvals TO cons[rucT a S-StOW self- servtce storage facility at the ~ntersect~on of Jack Smith Boulevard and the exten- sion of Miami Gardens Drive. The re* quests are as follows; 1.Site 3lan approval Ior Self-service storage facilities in a BU-2. Soecial Bud- ness District as required oursuant to Sec* I~on 33-247(38) of the Miami-Dade County Code and 2. Variance from Chapter 33 of the Miami- Dade County Code to allow a floor area ratio of 1.66, where a maximum floor area ratio IFAR) of 0.84 is aflowe(~: and 3.Variance from Chadter 33 of the Miami* Dada County Code which reou~res a decorative masonry wall at least five (5) feet in height to be erected on a business lot with a common property line adjacent To res~aenhai property. (Provision of a chainlink fence ~s proposea on ti~e ,ear property line); and 4. Soecial Exception from Chapter 33 of the Miarni-Dade Coun~J Code which auires that residential uses are suoject to Dub[is hearing approval in a BU-2 Special Business District. (Provision of a mana- gers apartment on site is proposed); anc 5. Variance from Sign Ordinance No. 97- 17 which permitting wall signs only on buildings where me majority of Tne floor area is in retail use. (Provision of two (2) wall signs is Droecseo for a non-retail use). APPLICATIONNUMBERS:01-SP-98. 10-VAR-98- 03-SE-98 11-SV- 97 LO~-T~ Of~ - ~ .... SUBJECT PROPERTY: The soumeast comer of unimorovea Miami-GarDens Drive extension ant] Jack( Smith Boulevam LEGAL DESCRIPTION: Tract "C" of Biscayne Commercial ac- corcJ~ng to the plat tl~ereof, as recorded in Flat Book 143 at Page 38 of the Public Records of Miam~-Daae County, Florida Plans are on file eno may be examined during regular business hours in the City of Aventura, Community Develop~nent =Depart- ment. 2999 NE 191 Street. Suite 500, Aventura, Florida, 33180. Plans may De modified at or before [ne Public Heanng. The aoolication may change during [ne neanng process. The Public Hearing w~lr be held at Aventura Medical Arts BUilding, 21110 Biscayne Boulevar(~, Suite 101, Aventura. Florida, 33180. Your comments may De mac/e ~n person at the heanng or filed ~r wr~hng prior ro the headng date. Refer Io applicant/property on correspondence and mail same ~o City of Aventura, Community Development Department, 2999 NE 191 Street, Suite 500, Aven- turii, Florida, 33180. For fudher information 31ease call (305) 466- ..... 98-3-120424M CITY OF AVENTURA Ordinance 96-09 Disclosure of Site Visit, Investigation, Expert Opinion Agenda Item: Item No. .~ -3_/~'of /,2/;~ , 199 ra the Aventura City Commission. Date of Visit, Investigation or Receipt of Expert Opinion: /,~./,¥/~ Nature of Contact: (check as applicable) Site Visit Investigation Expert Opinion Substance of Contact: agenda of Identity of Any Person Participating in Contact: Filed this /,~'~ day of Respec~ully, Commission or Board Member Communication: NameA , ~erk / Secreta~ Receiving CITY OF AVENTURA Ordinance 96-09 Disclosure of Site Visit, Investigation, Expert Opinion Agenda Item: Item No. ¢(~ the Aventura City Commission. , 199 ¢ agenda of Date of Visit, Investigation or Receipt of Expert Opinion: Nature of Contact: (check as applicable) ( ~/)/'Site Visit ( ) Investigation ( ) Expert Opinion Substance of Contact: Identity of Any Person Participating in Contact: Filed this //b~day of Respectfully, Commission or Board Member C,Q~mmunication: t ' Sig~atu~// Clerk / Secreta~ Receiving CITY OF AVENTURA Ordinance 96-09 Disclosure of Verbal Contact Agenda Item: Item No. .Dc-- of 199 ~ agenda of the Aventura City Commission. Date of Verbal Communication: Identity of Person or Entity Making Communication: Subject and Substance of Communication: Filed this /'G~' day of Respectfully, Cornmission or Board Recelving Communication: N~ime~~ SignatCe ~lerk / Secreta~ Member CITY OF A VENTURA Ordinance 96-09 Disclosure of Site Visit. Investiaation. Expert Opinion Agenda Item: Item No. the Aventura City Commission. .iF of / J.I 5- , 199 JL agenda of Date of Visit, Investigation or Receipt of Expert Opinion: !} - / .L, -. y y Nature of Contact: (check as applicable) ~ Site Visit () Investigation () Expert Opinion SUbstanceOfcon~~ ,(/ T . ~('/ 7~ c~ /h,.'-< C"--'7,A_~ Identity of Any Person Participating in Contact: /1<. -vv C Respectfully, Commission or Board Member Receiving commh~i~~ti~n:..,,/ // // ~e /' (~ Name' .-;? . / .' / / / ~-"/f !''///'//.,.. ) Signatu're ? - i / Filed this L day of /)1 CRin~ , 19 Q/i. f . {)WJO-- he cfnJftr. Clerk I Secretary CITY OF A VENTURA Ordinance 96-09 Disclosure of Verbal Contact Agenda Item: Item No. ? A of / $- /~,;, 199 6 agenda of the Aventura City Commission. Date of Verbal Communication: r /;2- /{/- '/ ( Identity of Person or Entity Making Communication: .~-r; /Li /1 ,,/ () {i ;-.. <; Subject and Substance of Communic~tion: - i ,1~., < ., ~JI / ',>',a/n~ /:- .A'L~;;::... ~ ~:' ~,;:;:'d"'k ..,/~";y' Respectfully, Commission or Board Member Receiving Communication:/ .. //.4A'/' ,/ ~;'h!r0/:' 0 Name' ...~./. ~-A~h~--} -~/..~ L Signarure ~ \ / Filed this jS- day of La ~ , 19 ~. . ~t}J/Ja~' Clerk / Secretary CITY OF AVENTURA Ordinance 96-09 Disclosure of Site Visit, Inve,~ti.qation, Expert Opinion Agenda Item: Item No. the Aventura City Commission. , 199~' agenda of Date of Visit, Investigation or Receipt of Expert Opinion: Nature of Contact: (check as applicable) ( 0/'/' Site Visit ( ) Investigation ( ) Expert Opinion Substance of Contact: / Identity of Any Person Participating in Contact: Respectfully, Commission or Board Member Receiving Commu..~cation: Nam~ Sigfl'a e Clerk / Secretary CITY OF AVENTURA Ordinance 96-09 Disclosure of Site Visit, Investigation, Expert Opinion Agenda Item: Item No. the Aventura City Commission. of /,z /, 5;r' , 1998 agenda of Date of Visit, Investigation or Receipt of Expert Opinion: /.~/,¥/~,~ Nature of Contact: (check as applicable) ( ~'"'Site Visit ( ) Investigation ( ) Expert Opinion Substance of Contact: ,/ Identity of Any Person Participating in Contact: Filed this /~"~day of Respectfully, Commission or Board Member Comr~unication: /, Sign~rere~ Clerk / Secretary Receiving CITY OF AVENTURA Ordinance 96-0~9 Disclosure of Verbal Contact Agenda Item: Item No. ,~ of 199 ~ agenda of the Aventura City Commission. Date of Verbal Communication: /2'//~/~ '~ Identity of Person or Entity Making Communication: Subject and Substance of Communication: 0~ / Filed this Respectfully, Commission or Board Member R.~,ci n g Communication: Name signature' Clerk / Secretary CITY OF AVENTURA Ordinance 96-09 Disc!osure of Verbal Contact Agenda Item: Item No. ~,4 of /¢ J,~J , 199 ¢ agenda of the Aventura City Commission. Date of Verbal Communication: ////~, Identity of Person or Entity Making Communication: Subject and ~b~tance o, communication: Filed this day of Respectfully, Commission or Board Receiving Communication: //~ SJgr~i'Bre Clerk / Secretary Member CITY OF AVENTURA Ordinance 96-0~9 Disclosure of Verbal Contact Agenda I_tem: Item No. ~ c of /)~4, /~-- 199 agenda of the Aventura City Commission. · Date of Verbal Commun~cetion: /:Li/,~ie ~-. Identity of Person or Entity Making Communication: Subject and Substance of Communication: Filed this /~ day of Respectfully, Commission or Board Receiving Communication: Name Signature Clerk / Secretary Member CITY OF AVENTURA Ordinance 96-09 Disclosure of Verbal Contact Agenda Item: Item No. )~x~ of 199'~' agenda of the Aventura City Commission. Date of Verbal Communication: ~ ,tx. -/~ .,/; Identity of Person or Entity Making Communication: Su~j/~ct and Substan,~e.~. f Communication: Filed this /--~ day of Respectfully, Commission or Board Receiving Communication: Name/ SignOre ,, /// Clerk / Secreta~ Member CITY OF AVENTURA Ordinance 96-09 Disclosure of Verbal Contact Agend~ltem: Item No. of 199 Mqagenda of the Aventura City Commission. Date of Verbal Communication: ~(~[ ~ / Identity of Person or Entity Making Comm, unicatien: Subject and S~bstaBce o,.f Communication: Filed this /') '~ay of Respectfully, Commission or Board Member Receiving Communication: . ~ __~ STCn~td re ,'"' - ) Clerk / Secretary CITY OF AVENTURA Ordinance 96-09 Disclosure of Verbal Contact Agenda Item: Item No. -5 ¢_ of 199,¢ agenda of the Aventura City Commission. Date of Verbal Communication: Identity of Person or Entity Making Communication: Subject and Substance of Communication: Filed this //J'~ day of Respectfully, Commission or Board Member Receivi~ng Communicati~ ~ / Clerk / Secretary CITY OF AVENTURA Ordinance 96-09 Disclosure of Site Visit, Investigation, Expert Opinion Agenda Item: Item No. .~,/¢ of j.)c~_. ?~ , 199.,~ the Aventura City Commission. Date of Visit, Inv. estigation or Receipt of Expert Opinion: Nature of Contact: (check as applicable) Site Visit Investigation Expert Opinion Substance of Contact: _ agenda of Identity of Any Person Participating in Contact: Filed this Respectfully, Commission or Board Member Com./?unication: .__Name ~-/ ~"~ /~dayof ~~ ~ ,19 Clerk / Secreta~ Receiving CITY OF AVENTURA Ordinance 96-09 Disclosure of ~/"~Contact Agenda Item: Item No. ~)~ of 4-~o~,¢,/~'-- 199 ~ agenda of the Aventura City Commission. Date of V~ommuni~tion: ,~./,//~ Identity of Person or Entity Making Communication: Subject and Substance of Communication: Filed this /5'~ day of Respectfully, Commission or Board Receiving Communication: Name Signature  -, , Clerk / Secretary Member CITY OF AVENTURA ~9, o~exceW Ordinance 96-09 Disclosure of Verbal Contact Agenda Item: Item No. O~ ~:) of 199 ~ agenda of the Aventura City Commission. Date of Verbal Communication: Identity of Person or Entity Making Communication: Subject and Substance of Communication: Filed this ~,~'~ day of Respectfully, Commission or Board Receiving Communication: Name Signature - Clerk / Secretary Member CITY OF AVENTURA Ordinance 96-0~9 Disclosure of Verbal Contact Agenda Item: Item No. '~ ~'~- of 199 ~ agenda of the Aventura City Commission. Date of Verbal Communication: /i t ~-/~ ~ Identity of Person or Entity Making Communication: Subject and Substance of Communication: Filed this /~'~day of Respectfully, Commission or Board Receiving Communication: Member Name Signature Clerk / Secretary CITY OF AVENTURA Ordinance 96-09 Disclosure of Verbal Contact Agenda Item: Item No. :~,~ of 199 A~ agenda of the Aventura City Commission. Date of Verbal Communication: Identity of Person or Entity Making Communication: Subject and Substance of Communication: Filed this day of Respectfully, Commission or Board Receiving Communication: Name Signature Cl~rk / Secretary Member CITY OF AVENTURA ~ ofEx¢e Ordinance 96-09 Disclosure of Verbal Contact Agenda Item: Item No. ~F~ of 199 ~ agenda of the Aventura City Commission. Date of Verbal Communication: Identity of Person or Entity Making Communication: Subject and Substance of Communication: Filed this Respectfully, Commission or Board Receiving Communication: Member Name Signature __ day of ,19 Clerk / Secretary CITY OF AVENTURA ~0' of Excel'- Ordinance 96-09 Disclosure of Verbal Contact Agenda Item: Item No. ~ F+ of 199 agenda of the Aventura City Commission. Date of Verbal Communication: ~t~¢! ~ ~ Identity of Person or Entity Making Communication: Subject and Substance of Communication: Filed this /f~ day of Respectfully, Commission or Board Receiving Communication: Name Signature Clerk / Secretary Member CITY OF AVENTURA Ordinance 96-09 Disclosure of Site Visit, Investigation, Expert Opinion Agenda Item: Item No. the Aventura City Commission. Date of Visit, Invest_igation or Receipt of Expert Opinion: __agenda of Nature of Contact: (check as applicable) Site Visit Investigation Expert Opinion Substance of Contact: Identity of Any Person Participating in Contact: Filed this l~'day of ,~ Respectfully, Commission or Board Communication: Ua Si ature 19 Member Receiving Clerk / Secretary