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11-08-2006 Local Planninr AtplCJ Susan Gottlieb, Mayor City MI1111fl' Eric M. Soroka, ICMA.CM yentura Ii ".' """"fl.\';; Zev Auerbach Bob Diamond Harry Holzherg Billy Joel Michael Stem Luz U rbaez Weinberg City Ocrk Teresa M. Soroka, MMC City Attomer Weiss Serota Helfman Pastoriza Cole & Boniske LOCALPLANNrnNGAGENCY AGENDA NOVEMBER 8, 2006 · 6 PM A ventura Government Center 19200 West Country Club Drive A ventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF MINUTES: September 12,2006 4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCE: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA APPROVING A DEVELOPMENT AGREEMENT PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN GULFSTREAM PARK RACING ASSOCIATION INC. AS DEVELOPER AND THE CITY OF AVENTURA ATTACHED AS EXHIBIT "A" TO THIS ORDINANCE AND RELATING TO A PARCEL OF LAND CONTAINING 19.550 ACRES OF LAND, MORE OR LESS, ZONED B2, COMMUNITY BUSINESS DISTRICT, LEGALLY DESCRIBED IN EXHIBIT "B" TO THIS ORDINANCE, LOCATED AT THE NORTHEAST CORNER OF NE 213 STREET AND BISCA YNE BOULEVARD, CITY OF A VENTURA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 5. ADJOURNMENT This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because ofthat disability should contact the Office of the City Clerk, 305-466-890 I, not later than two days prior to such proceeding. Anyone wishing to appeal any decision made by the City of A ventura Local Planning Agency with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of A ventura Government Center, 19200 West Country Club Drive, A ventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901. One or more members of the City of Aventura Advisory Boards may also be in attendance. ~Qyof AVentura , MINUTES LOCAL PLANNING AGENCY MEETING SEPTEMBER 12, 2006 6 PM Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by Mayor Susan Gottlieb. Present were Commissioners Zev Auerbach, Bob Diamond, Harry Holzberg, Billy Joel, Michael Stern, Vice Mayor Luz Urbaez Weinberg, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. Mayor Gottlieb requested a moment of silence in memory of the victims and events surrounding September 11, 2001. 2. PLEDGE OF ALLEGIANCE: Arthur Barr led the pledge of allegiance. 3. APPROVAL OF MINUTES: A motion to approve the minutes of the July 11, 2006 LPA Hearing was offered by Commissioner Stern, seconded by Commissioner Joel, and unanimously passed. 4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCES: Mr. Wolpin read the ordinances in 4A and 48 by title. He then announced that the two items would be combined into one public hearing for the purpose of presentations and that item 4B would be subject to quasi-judicial procedures. Ex-parte communications by Commissioners, if any, were disclosed and filed with the City Clerk in accordance with City Code Section 34. All witnesses giving testimony in these hearings were sworn in by City Clerk Teresa M. Soroka. A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR PROPERTY LOCATED ON NE 207 STREET AT NE 30 AVENUE, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM BUSINESS AND OFFICE TO MEDIUM HIGH DENSITY RESIDENTIAL; PROVIDING FOR TRANSMITTAL TO THE AGENCIES AS REQUIRED UNDER CHAPTER 163, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR A PARCEL OF LAND LOCATED ON NE 207 STREET AT NE 30 AVENUE AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A, FROM B2, COMMUNITY BUSINESS DISTRICT TO RMF3A, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion to recommend approval of item 4A was offered by Commissioner Holzberg and seconded by Commissioner Auerbach. A motion to recommend approval of item 4B was offered by Commissioner Joel, and seconded by Commissioner Diamond. Mayor Gottlieb opened the public hearing. Planning Director Joanne Carr addressed the Commission and entered the staff report into the record. The following individuals addressed the Commission: Stanley Price, Esq., Bilzin Sumberg; Julie Israel, Villa Dorada; Roberta Shiselman, 3519 Magellan Circle. There being no further speakers, the public hearing was closed. The motion to recommend approval of item 4A passed unanimously by roll call vote. The motion to recommend approval of item 4B passed unanimously by roll call vote. 4. ADJOURNMENT: There being no further business to come before the Local Planning Agency, the meeting adjourned at 6:37 p.m. Teresa M. Soroka, MMC, City Clerk Approved by the LP A on 2 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM BY: Joanne Carr, AIC Planning Director TO: City Commission FROM: Eric M. Soroka, I City Manager DATE: September 15, 2006 SUBJECT: Request of Gulfstream Park Racing Association Inc. for Development Agreement pursuant to Chapter 163, Florida Statutes, relating to development of a 19.550 acre, more or less, parcel of land zoned B2, Community Business District located on the north side of NE 213 Street and the east side of Biscayne Boulevard, City of Aventura (01-DA-06) October 3, 2006 City Commission Meeting Agenda Item ~ November 8, 2006 City Commission M~_eting_~jlenda Item I November 8, 2006 Local Planning Agency Agenda Item 4 RECOMMENDATION - It is recommended that the City Commission approve the Development Agreement pursuant to Chapter 163, Florida Statutes, in the form attached as Exhibit #1 to this report, relating to development of the applicant's 19.550 acre, more or less, parcel of land zoned B2, Community Business District located on the north side of NE 213 Street and the east side of Biscayne Boulevard in the City of Aventura and authorize the City Manager to execute the Development Agreement on behalf of the City. THE REQUEST The applicant, Joseph G. Goldstein on behalf Gulfstream Park Racing Association Inc., is requesting that the City Commission approve a Development Agreement pursuant to Chapter 163 of the Florida Statutes relating to development of the applicant's 19.550 acre, more or less, parcel of land zoned B2, Community Business District located on the north side of NE 213 Street and the east side of Biscayne Boulevard in the City of Aventura and authorize the City Manager to execute the Development Agreement on behalf of the City. BACKGROUND OWNER OF PROPERTY APPLICANT ADDRESS OF PROPERTY lEGAL DESCRIPTION SIZE OF PROPERTY EXISTING ZONING Gulfstream Park Racing Association Inc. Joseph G. Goldstein north side of NE 213 Street between Biscayne Boulevard & NE 34 Avenue See Exhibit #2 for Location Plan See Exhibit #3 for Legal Description Approximately 19.550 acres more or less B2, Community Business District FUTURE lAND USE DESIGNATION Business and Office Zoning - Subject property: Property to the North: Property to the South: Property to the East: Property to the West: Existing Use - Subject property: Property to the North: Property to the South: Property to the East: Property to the West: B2 Community Business District CR-A Commercial Recreation - Active City of Hallandale Beach B2 Community Business District and RS2 Residential Single Family District MO Medical Office District MO Medical Office District Vacant Gulfstream Race Track Retail Plaza and Residential Vacant Vacant Future land Use Designation. According to the City of Aventura Comprehensive Plan, the following properties are currently designated as follows: Subject property: Property to the North: Property to the South: Property to the East: Business and Office Commercial Recreation City of Hallandale Beach Business and Office and Medium High Density Residential Business and Office 2 Property to the West: Business and Office The Site - The subject site is located at the north limit of the City of Aventura on the north side of NE 213 Street east of Biscayne Boulevard. Background - The property subject of this application is part of a larger parcel owned by Gulfstream Park lying along the north side of NE 213 Street from Biscayne Boulevard westerly to NE 34 Avenue totaling approximately forty acres. The west half of the forty acres, which is subject of this application, is zoned B2, Community Business District and the east half is zoned MO, Medical Office District. An overall plan showing the total landholding is attached as Exhibit #4. The property is located in the B2 Community Business District. This is the City's general business district. Permitted uses include retail stores, personal service shops, offices, banks, grocery stores, health and exercise clubs and hotels. The permitted height in this zone is 12 stories or 120 feet and the maximum permitted floor area ratio is 1.72. There are also conditional uses, or uses that may be allowed following approval at a public hearing, in the B2 zoning regulations. The City and the applicant have entered into an Agreement of Purchase and Sale, approved by the City Commission on May 2, 2006 through Resolution No. 2006-29, for approximately six acres of the larger parcel located in the center of the MO parcel for development as a City park. In addition, the applicant agreed to donate another one acre parcel to the City to provide for a larger park. The Development Agreement attached to this report is the same form of Development Agreement that was provided to the City Commission as an exhibit to the Agreement of Purchase and Sale approved in May of 2006. The Development Agreement - Chapter 163 of the Florida Statutes allows local governments to enter into Development Agreements with developers to provide certainty of development rights. This applicant has requested such an agreement to provide that it may develop its currently vacant land at the northeast corner of N E 213 Street and Biscayne Boulevard according to the existing B2, Community Business District zoning regulations. The proposed agreement contains the following provisions: 1. The term of the agreement is ten (10) years from its effective date, which is the date of recordation of the agreement in the Public Records of Miami-Dade County and 30 days following receipt of the agreement by the State of Florida, Department of Community Affairs. The term may be extended following a public hearing. 2. The City may not downzone or otherwise limit the ability of the developer to develop the property in accordance with the Development Agreement, except as provided by the Florida Local Government Development Agreement Act. 3. Sufficient infrastructure capacities will be reserved during the term of the agreement. 3 4. Vehicular access (other than as may be required by government for emergency vehicles) to and from the developer's Hallandale Beach DRI lands and Gulfstream Park race track to and from NE 213 Street is prohibited by this agreement to be effective on and after the date of the first temporary certificate of occupancy for the proposed residential building on the developer's adjacent MO, Medical Office District parcel. Until that prohibition is in effect, this access may be used on weekends and holidays when horseracing events are scheduled at Gulfstream Park and on all other days by construction vehicles only for the clubhouse and slot facility building. At no time is vehicular access permitted for any purpose (other than as may be required by the government for emergency access) from NE 213 Street to the Developer's Hallandale Beach DRllands. ANALYSIS OF THE REQUEST Citizen Comments. The Community Development Department has received no written citizen comments about this application. Community Development Department Analysis - The property is located in the 82, Community Business District. The proposed development agreement meets the criteria of Chapter 163 of the Florida Statutes relating to requirements of a Development Agreement and to maximum duration of the agreement. 4 Exhibit 1 01-DA-06 ,63 Pages DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (hereinafter the "Agreement") is made and entered into this _ day of , 2006 (the "Effective Date"), by and between GULFSTREAM PARK RACING ASSOCIATION, INC., a Florida Corporation (hereinafter, the "Developer"), and the CITY OF A VENTURA, Florida, a Florida municipal corporation (hereinafter the "City"). WITNESSETH: WHEREAS, Developer is the Owner of that certain parcel of land located within the boundaries of the City, the legal description of which is attached hereto and made a part hereof as Exhibit "A" ( the "Property"); and WHEREAS, the Property is currently zoned as B2 ("Community Business") under the City's Land Development Regulations, and the Developer and the City mutually desire that the Property ultimately be developed as permitted in the City's comprehensive plan and zoning code (the "Project"); and WHEREAS, the Developer and the City desire to establish certain terms and conditions relating to the proposed redevelopment of the Property and wish to establish certainty as to the ultimate development of the Project; NOW, THEREFORE, in consideration of the conditions, covenants and mutual promises hereinafter set forth, the Developer and City agree as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by reference. All exhibits to this Agreement are hereby deemed a part hereof. 2. Definitions. a. "Adjacent Property" the real property, consisting of the MO District Property, owned by Developer located adjacent to the Property and more specifically described on Exhibit "B" attached hereto and made a part hereof. b. "Comprehensive Plan" means the plan adopted by the City pursuant to Chapter 163, Florida Statutes ("F.S."), meeting the requirements of Section 163.3177, F.S., Section 163.3178, and Section 163.3221(a), F.S., which is in effect as of the Effective Date. c, "Developer" means the person undertaking the development of the Property, as defined in the preamble to this Agreement, or any successors or assigns thereof. d. "Development" means the carrying out of any building actIvIty, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels and such other activities described in Section 163.3221 (4), Florida Statutes (2004). e. "Development Approval" means the Existing Zoning. f. "Development Pennit" includes any building pennit, zoning pennit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of pennitting the development of land. g. "Effective Date" is the latter of the dates of recordation of this instrument or thirty days after this instrument has been received by the state land planning agency pursuant to Section 163.3239, Fla. Stat. h. "Existing Zoning" is comprised of City of A ventura Ordinance 99-09, as amended by Ordinance No. 2006-02, which adopts the effective land development regulations governing development of the Project. 1. "Governing body" means the board of county commissioners of a county, the commission or council of an incorporated municipality, or any other chief governing body of a unit of local government. J. "Gulfstream Park Tract" means the land and improvements lying in Hallandale Beach, Florida and legally described in Exhibit "C" attached hereto. k. "Hallandale Beach DRI Land" means the real property and improvements (excluding, but adjacent to, the Gulfstream Park Tract) now or hereafter located on the real property owned by Developer and lying in Hallandale Beach, Florida, said real property located immediately north of the Property and legally describes in Exhibit "D" attached hereto. 1. "Land" means the earth, water, and air, above, below, or on the surface and includes any improvements or structures customarily regarded as land. ill. "Land Development Regulations" means ordinances, rules and policies enacted or customarily implemented by the City for the regulation of any aspect of development and includes any local government zoning, rezoning, subdivision, building construction, or sign regulation or any other regulations controlling the development of or construction upon land in effect as of the Effective Date. n. "Laws" means all ordinances, resolutions, regulations, comprehensive plans, land development regulations, and rules adopted by a local government affecting the development of land. Page 2 of 10 o. "Local govenunent" means any county or municipality or any special district or local governmental entity established pursuant to law which exercises regulatory authority over, and grants development permits for, land development. p. "Project" means development permitted pursuant to the Existing Zoning. q. "Public facilities" means major capital improvements, including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational, and health systems and facilities. r. "Site Plan" is comprised of a scaled and dimensioned site plan (with landscaping), elevation and typical floor plan submitted for administrative approval and reviewed for consistency with the Existing Zoning. s. "Utility" includes any person, firm, corporation, association or political subdivision, whether private, municipal, county or cooperative, which is engaged in the sale, generation, provision or delivery of gas, electricity, heat, water, oil, sewer service, telephone service, telegraph service, radio service or telecommunication service. 3. Intent. It is the intent of the Developer and the City that this Agreement should be construed and implemented so as to effectuate the purposes and intent of the parties and the purpose and intent of the Florida Local Go v enunent Development Agreement Act, Section 163.3220, F.S., et. aI. 4. Effective Date and Duration. This Agreement shall become effective on the Effective Date. The Agreement shall be recorded in the public records of Miami- Dade County and shall run with the land and shall be binding on all parties and all persons claiming under it for a term of ten (l0) years from the Effective Date. The term of this Agreement may be extended, as well as any other change to this Agreement, including release or partial release, upon execution of an instrument by the Developer (or its assigns, which may include, but not be limited to a Community Development District and/or a master property owners' association with appropriate authority over the Property) and with the consent of the, then, owner(s) of a majority of the Property, provided that such change has been approved by the City after public hearing, pursuant to Sections 163.3225, and 163.3229, Florida Statutes. The City may apply subsequently adopted laws and policies to the Property solely pursuant to the procedures of Section 163.3233(2), Florida Statutes. 5. Permitted Development Uses and Building Intensities. (a) Permitted Development Uses. Prior to the adoption and acceptance of this Agreement, the City has designated the Property as B2 ("Community Business") on the official zoning map of the City, pursuant to the City's Land Development Regulations ("Existing Zoning"). In granting the Existing Zoning, Page 3 of 10 the City has detennined that development thereunder is consistent with the City's Comprehensive Plan and that it is in accordance with the City's land development regulations in effect as of the Effective Date. Upon execution of this Agreement and for the duration thereof, the City confinns and agrees that the Property may be developed and used for the purposes established in the City's Comprehensive Plan, and Land Development Regulations in effect as of the Effective Date of this Agreement, or such laws and policies subsequently adopted and applied to the Property solely pursuant to the procedures of Sectjon 163.3233(2), Florida Statutes. The City and Developer mutually consent and agree that the additional limitations and conditions set forth in this Agreement serve as the sole basis upon which the parties enter into this Agreement. (b) Density, Building Heights, Setbacks and Intensities. Except as otherwise provided herein, the maximum height, setbacks and intensities for any development on the Property shall be regulated by the Land Development Regulations in effect as of the Effective Date and the applicable designations in the City's Comprehensive Plan. 6. Proi ect Approval. (a) Further Development Review. The Existing Zoning, the Land Development Regulations, the Comprehensive Plan, and this Agreement establish the criteria upon which the Property shall be developed during the tenn of this Agreement. Consistent with the foregoing, prior to the issuance of any building permit within any portion of the Property, the Developer shall submit a Site Plan for the building site that includes the proposed building for administrative site plan approval by the City. Site Plans for individual building sites shall be designed to conform with the tem1S and criteria provided in this Agreement, with the Existing Zoning and other Land Development Regulations in effect as of the Effective Date. The administrative approval process shall not prohibit development of any Site Plan so long as the site development criteria within the development subject to the Site Plan is in compliance with the Existing Zoning and generally consistent with the terms contained in this Agreement. Application for administrative site plan review shall be in accordance with Section 31-79 of the Land Development Regulations. If it is found during the administrative site plan review that the proposed development does not comply with the Existing Zoning, the applicant shall either revise the plan to so comply or request approval of the City Commission as provided in the Land Development Regulations. In the event that the City administrator does not approve the Site Plan, the Developer, owner of the parcel, or their successors and/or assigns maintain the right and the ability to appeal the administrative decision directly to the City Commission for the City Commission to determine whether the City administrator erred in its decision to deny the approval of the Site Plan based on the plan's conformance with this Agreement, the Existing Zoning and the Land Page 4 of 10 Development Regulations m effect as of the Effective Date. The City agrees to process any appeal to the City Commission in accordance with Section 31-83 of the Land Development Regulations (b) Downzoning. For the duration of this Agreement, the City shall not downzone or otherwise limit the ability of the Developer to develop the Property in accordance with the Development Approvals and nothing shall prohibit the issuance of further development orders and approvals in conformity with same. However, the City may apply subsequently adopted laws and policies to the Property, solely pursuant to the procedures of Section 163.3233(2), Florida Statutes. 7. Public Services and Facilities; Concurrency. The City and Developer have established that all public facilities and services which are required to service the Project, the entities responsible for providing such facilities, the date any new public facilities, if needed, will be constructed, and a schedule for the construction of such public facilities are set forth in Exhibit "E". For the purposes of concurrency review, it is hereby found that, throughout the duration of this Agreement, sufficient infrastructure capacities will be reserved and remain available to serve this Project. All subsequent development orders or permits sought to be issued which are in conformity with this Agreement are hereby found to meet concurrency standards set forth in the Comprehensive Plan as such standards may be amended from time to time (concurrency regulations) and to be consistent with Land Development Regulations, so long as the Developer develops the Property in general compliance with the terms and conditions contained within the Existing Zoning and this Agreement. 8. Reservation or Dedication of Land. Except as otherwise provided below and pursuant to applicable subdivision regulations, the Developer shall not be required to dedicate or reserve any land within the Property for municipal purposes. (a) Public Park. The City and the Developer have entered into a Purchase and Sale Agreement dated May 12, 2006 (the "Purchase and Sale Agreement"), which agreement contemplates the acquisition by the City of certain additional lands owned by the Developer. 9. Local Development Permits. The development of the Property in accordance with the Existing Zoning is contemplated by the Developer. The City may need to approve certain additional development permits in order for the Developer to complete the Project in a manner consistent with the Development Approvals and the Land Development Regulations in effect as of the Effective Date and Comprehensive Plan designations affecting the Property, such as: (a) Site Plan approvals; (b) Land Improvement Permits (c) Subdivision plat and or waiver of plat approvals; (d) Water, sewer, paving and drainage permits; Page 5 of 10 ( e) Covenant or Unity of Title acceptance or the release of existing unities or covenants; (f) Building permits; (g) Certificates of use and/or occupancy; and (h) Any other official action of the City and/or Miami-Dade County, Florida, having the effect of permitting the development of land. 10. Consistency with Comprehensive Plan. The City hereby finds that the development of the Property in conformity with the Existing Zoning is consistent with the City's Land Development Regulations and Comprehensive Plan designation as of the Effective Date and shall not be subject to any future changes to the City's Land Development Regulations and Comprehensive Plan designation after the Effective Date; provided, however, the City may apply subsequently adopted laws and policies to the Property solely pursuant to the procedures of Section 163.3233(2), Florida Statutes.. 11. Necessity of Complying with Local Regulations Relative to Development Permits. The Developer and the City agree that the failure of this Agreement to address a particular permit, condition, fee, term or restriction in effect on the Effective Date of this Agreement shall not relieve Developer of the necessity of complying with the regulation governing said permitting requirements, conditions, fees, terms or restrictions as long as compliance with said regulation and requirements do not require the Developer to develop the Property in a manner that is inconsistent with the Development Approvals. 12. Impact Fees. The impact fees that are in effect as of the effective date of this Agreement and which would apply to the development of the Project, together with the Circulatory Shuttle Bus System Impact Fee described in the 2005 Evaluation and Appraisal Report to the City's Comprehensive Plan, are specifically provided in Exhibit "F". It is agreed and understood by the parties that no other impact fees other than those listed will apply to the development of the Project. No new impact fees or increases to the fees in existence as of the Effective Date, apart from the Circulatory Shuttle Bus System Impact Fee, shall be adopted by the City or otherwise be applied to the development of the Project during the duration of this Agreement. The City and Developer shall coordinate their efforts to derive the maximum benefit of any impact fee payments in favor of the Proj ect and the City. 13. Reservation of Development Rights. For the term of this Agreement, the City hereby agrees that it shall pennit the development of the Project in accordance with the City's Land Development Regulations, the City's Comprehensive Plan, and existing laws and policies as of the Effective Date of this Agreement which are or may be applicable to the Property, subj ect to the conditions of this Agreement. However, nothing herein shall prohibit an increase in developmental density or intensity within the Project in a manner consistent with the City's Comprehensive Plan and Land Development Regulations, or any change requested or initiated by the Developer in accordance with applicable provisions of law. Moreover, the City may apply subsequently adopted laws and policies to the Property solely pursuant to the procedures of Section 163.3233(2), Florida Statutes. Page 6 of 10 The expiration or termination of this Agreement, for whatever reason, shall not be considered a waiver of, or limitation upon, the rights, including, but not limited to, any claims of vested rights or equitable estoppel, obtained or held by the Developer or its successors or assigns to continue development of the Project in conformity with the Development Approvals and all prior and subsequent development pennits or development orders granted by the City, including, but not limited to, those rights granted under the City's Comprehensive Plan and land development regulations. 14. Conditions, Tenns or Restrictions Deemed Necessary by Local Government for Public Health, Safety and Welfare. Vehicular access (other than as may be required by government for emergency vehicles) to and from Developer's Hallandale Beach DRI Lands and the Gulfstream Park Tract to N.E. 213th Street on and after the date the first temporary certificate of occupancy is issued for a residential building constructed on the Adjacent Property shall be prohibited, provided, however, that until such access is pennanently prohibited as set forth above, vehicular access to the Gulfstream Park Tract from N.E. 213 th Street shall be pemlitted on an interim basis subject to the following restrictions: (i) access by the public shall be restricted to weekends and holidays on which horse racing events are scheduled at Gulfstream Park, (ii) after the execution of a mutually acceptable construction phasing plan, access on all other days shall be restricted to construction vehicles, provided that such access shall be pennitted only until such time as construction of the renovation and expansion of the improvements to the Clubhouse and the Slot Facility Building now or hereafter located on the Gulfstream Park Tract is completed, and (iii) at no time shall vehicular access from N.E. 213 th Street to Developer's Hallandale Beach DRI Land be permitted for any purpose (other than as may be required by the government for emergency access). 15. Binding Effect. The obligations imposed pursuant to this Agreement upon the Developer and upon the Property shall run with and bind the Property as covenants running with the Property, and this Agreement shall be binding upon and enforceable by and against the parties hereto, their personal representatives, heirs, successors, grantees and assigns, and a copy of this Agreement shall be recorded in the Public Records of Miami-Dade County, Florida, at the sole cost and expense of the Developer upon execution of this Agreement. 16. Governing Laws. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. The Developer and the City agree that Miami-Dade County, Florida is the appropriate venue in connection with any litigation between the parties with respect to this Agreement. 17. Entire Agreement. This Agreement sets forth the entire Agreement and understanding between the parties hereto relating in any way to the subject matter contained herein and merges all prior discussions between the Developer and the City. Neither party shall be bound by any agreement, condition, warranty or representation other than as expressly stated in this Agreement and this Agreement may not be amended or modified except by written instrument signed by both parties hereto. Page 7 of 10 18. Cancellation and Enforcement. In the event that the Developer, its successors and/or assigns fails to act in accordance with the terms of the Existing Zoning, the City shall seek enforcement of said violation upon the Property. Enforcement of this Agreement shall be by action against any parties or person violating, or attempting to violate, any covenants set forth in this Agreement. The prevailing party in any action or suit pertaining to or arising out of this Agreement shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the services of his/herlits attorney. This enforcement provision shall be in addition to any other remedies available at law, in equity or both. 19. No Third Party Beneficiaries. The parties to this Agreement do not intend the benefit of this Agreement to inure to any third party. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon or give to any person other than the parties hereto and their successors, heirs or permitted assigns, any rights or remedies under or by reason of this Agreement. [Signature Page Follows] Page 8 of 10 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CITY: ATTEST: CITY OF A VENTURA, FLORIDA By: City Clerk day of , 2006 Approved as to form and legality By office of City Attorney for , City of A ventura, Florida Page 9 of 10 DEVELOPER: Print Name GULF STREAM PARK RACING ASSOCIATION, INC., a Florida corporation By: yJ,~ Blake T ohana CFO and Executive Vice-President B'1A cu- f "4m-o.~ Signature \ B ~1I~ tJ F ttE El"'A f'J Print Name P vD vi 1,1 H C+ Oi1I-CWI c 'Sr*f~Fif10RIDA- ) 1 Ch) f\ C} Av vC (A ) SS. ~-MIAMI-DADE.. ) The foregoing instrument was acknowledged before me this 11 day of September, 2006, by Blake Tohana, as CFO and Executive Vice-President of Gulfstream Park Ra.9~ Association, Inc., a Florida corporation, on behalf of the corporation. He is cJ>efsonally known to m~or has produced as identification, and acknowledged that s/he did execute this instrument freely and voluntarily for the purposes stated herein. My Conunission Expires: N\ A- . - ~~ W ~~~~ Notary Pu lie, State of Florida n>~ '\Y\Le ~ O~a.{( ~ \j i \ \ i 0;"" Gew~t ~~ee Ie { rr () ~ cf Print Name Page 10 of 10 Exhibit" A" LAND DESCRIIYJ'ION ZONNll~GB2 GULFSIRE..\l\1 PARK CITY OF A VENTUR~, MIAlVlI..DADE COUNTY, FLORIDA Portion of Tra.ct Al DONN ACRES, according to the plat thereof as recorded in Plat Book 76, Page 30 of the Public Records of Miami-Dade County, Florida, being more particularly described as follows: -. ~ COMMENCE at the Northeast comer of Tract B of said DONN ACRES and the Northeast comer of Section 34, Township 51 South, Range 42 East; THENCE South 88001 '22" \Vest on the North line of said Tracts A and B and the North line of said Section 34, a distance of 1,374.03 feet to tl1C POINT OF BEGINNING; THENCE South 01058149" East, a distance of 629.41 feet to the intersection with the North line of a parcel of land conveyed to the City of A ventura for highway purposes by Right-of-Way Deed recorded in Official Records Book 17973, Page 3869 of the Public Records of Miami. Dade County, Florida; THENCE on said North Ene of a Parcel of land conveyed to the City of Aventura the following four (4) courses and distances; 1. South 88cOl '22'1 West, a distance of 1078,63 feet to the beginning of a tangent curve concave to the Nortll; 2. Westerly on the arc of said curve having a radius of 614.09 feet, through a c.entral angle of 21005'30", an arc distance of226.06 feet; 3, North 70053'08" West, a distance of 131.73 feet to the beginning of a tangent curve concave to the Northeast; 4. Northwesterly on the arc of said curve having a radius of 25.00 feet, through a central angle of 88053'36", an arc distance of 38.79 feet to a point of reverse curvature with a curve concave to the Northwest, said point being located on the West line of said Tract A, DONN ACRES; THENCE Northeasterly on said West line of Tract A and on the arc of said curve hllving a radius of 3909.83 foot, through a central angle of 0)046'10", an arc distance of 530.18 feet to the Northwest corner of said Tmcl A and the intersection with said North line of Section 34; Prepai\'Il By CALVN, GIORDANO AND ASSOClA TES, [?'Ie 1800 EIler Olive. Suite 600 Fo-n uudcrualc, FlmiU3 33316 Sel'lembtr 09, 2006 P:\Proj~'t::ts\200 \ \0\ 2193 G\llfslrtU!n Pars l)ou'1d:Jry S\lr.cyof Mismi Dade PortlunlSURVEY\Lcgal Dcscrirtions\7.onnil\&.. 82 Arc:! Rc-vised 9-0S-2006doc Sheet 1 of 3 Sheets THENCE NorthE ~oN'22"EasrOris:litlN3i1hlillerlf'J:rai;tA ailtlsilid NoIthline Qf Section 34"a distance of t,290.11 'feetto tlicP0TNTOPBEGil\WlNG; . , . : . - , "- . SaidlantJs lying in the. City of Ave~tiJm., Miarili"D~de Cotlllty,Florida and cOntaining 851j612 square feet {I 9.550 acres) moreorless; NOTES: 1. Not Yill!d"{thQn) tl)cslgll~lI)(eilllderigilkll emoossedsca'1 ofa Florida ljcensed ProfessionalS,urveyorandMiiPper. 2. Lat14s<t~~iil1~A!il:eqUWer~liQf~!i%~11{li!\1;bY'1I1e $U!:V<)y<I(,{O! oil'l\eI?h!P, easem eriiS,rlghtS-Of',vay or\1ll1er.~lMnenti!liatJn3.y 3flpear in the P,tibti c RecotdsofM1ami~tJadeCOlnity., ... .. . 3 .Be~ti!1.gs~M~~l he~onarete!arivclb';lbe~<Mklinl):bf;r"acts A and Il, DQNN AORES;~fiaCQi9~i!~.~r~~p1)]~~;.cIjllge3il;~fiaipl4~a4eC61111tYReCQfdS, willi. s3idl%rtlJjilie1\aWijiaj)eaii~g6fSllil~88~1l1121.i'West. 4. The description contailiedhercil1and the .attacned sketch, does not represent a field Boundary Survey. . . <J~ Fe "{XQ Pi'eparodBy: CALVIN, GIORDANO,4J'ID ASSOCIATES, INC. I~OO Eller Drive, Sulle600 Fort LllIcletdalc, Flo.rida 33316 Scptembt'T09, 2006 }':lProjecls\2001\012193 GIll1'StT{~Un1 rark l>outlda.ry Survey of Miami (}doePortionISlJRVEY\LegnJ Dt-SCliptiur.s\Zo11l1fl\&...B2 .f\re~ Revised 9--08-2U06i:!(lC Sheet 2 of 3 Sheets ~---~, . .' /~~!-~"""'cL II III ~$1'--' . Y---:-:r""~\7 . .--- r" ~l "", '"---...;.- . , 'j '\ r-- .... ' . i I _.~.I . 'I \--"';-lJ i\\ Y--'-.': :1::'"", ;. 1 . -.' . : I f. . I I .I '1'-".,~ \_,-r Al :' j r ! J" /(. :"'11 .~. i...! ./ 1.\ 1. I.. i. .J,' "j-'-- I ' I li"l ~t~T"I\ ~ \1l1i1rUB) "~;': . .'-~k ,'< ',. 'I' 1 'Ilf~,."",'\..-: ' . I. --1, '''''''.,1' - . I' ..d :.. ....: .... 1 \ ,:' ,~- _ ',~ - , 1: t.. ..1.. ,c.:!,,'.,......J.... ' .,.,.., \\..,.J;-L"t-. l Z' . j---""""-" ~! ~.. . ft,.'." , J. J J ~1"'1 . fJI I "",. 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(0\ ;OOi\Sl:nrV'!Jd\'d Exhibit liB" TRACT A: LAND DESCRIPTION PARKVIEW AT GULF STREAM CITY OF A VENTURA, MIAMI-DADE COUNTY, FLORIDA Portions of Tract A and Tract B, DONN ACRES, according to the plat thereof as recorded in Plat Book 76, Page 30 of the Public Records of Miami-Dade County, Florida, being more particularly described as follows: BEGINNING at the Northeast comer of said Tract B and the Northeast comer of Section 34, Township 51 South, Range 42 East; THENCE South 02021 '14" East on the East line of said Tract B and the East line of said Secti on 34, a distance of 541.5 5 feet to the Northeast comer Of a parce I of land conveyed . to the City of A ventura for highway purposes by Right -of- Way Deed recorded in Official Records Book 17973, Page 3869 of the Pub lie Records of Miami -Dade County, Florida; THENCE on the North line of said Parcel conveyed to the City of A ventura the following three (3) courses and distances; 1. So ut h 50'29' 14 " West, a distance of 32.10 feet (31. 8 3 feet by deed) to the beginning of a tangent curve concave to the Northwest; 2.Southweste rly on the arc of said curve having a radius of330.00 feet, through a central angle of 37032'07" (37034'38" by deed), an arc distance of 216.19 feet (216.43 feet by deed) to a point of tangency; 3.Sout h 88001 '22" West, a distance of 107.88 feet; THENCE North 01052'05" West, a distance of 523.58 feet; THENCE South 88009'53" \Vest, a distance of 581.87 feet; THENCE South 0 I 052 '0 5" East, a distance of 525.02 feet to the intersection with the North line of said Parcel of land conveyed to the City of A ventura; THENCE South 88001 '22" West on said North line, a distance of 461.33 feet; THEN CE North 01058'38" W es~ a distance of 629.41 feet to intersection with the North line of said Tract A and the North line of said Section 34; Prepared By: CAL \!IN, GIORDANO AND ASSOClA TES, INC. 1800 Eller Drive, Suite 600 Fort Lauderdale, Florida 33316 April 28, 2006 Revised July 25, 2006 Revised July 26, 2006 P: \Projects\200 1\0 12193 Gulistream PMk Boundary Sumy of Miami Dade PortionlSUR VEY\Legal De"nptions\p ARKVlEW AT GULFSTREAM Revised 7.26-2006.doc Sheet 1 of 5Sheets THENCE North 88001'22" East on said North line of Tract A and the North line of Section 34, a distance of 1,374.03 feet to the POINT OF BEG~T}nNG; TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL (see attached): Prepared By: CALVIN, GIORDANO AND ASSOCIATES, INC. ] 800 Eller Drive, Suite 600 Fon Lauderdale, Florida 33316 April 28, 2006 Revised July 25,2006 Revised July 26, 2006 PIProjects\200I1012193 Gulfstream Park Boundary Survey of Miami Dade PortionlSURYEYlLegal Descriptions\PAR.KYIEW AT GULF STREAM Revised 7-26-2006.doc Sheet 2 of 5 Sheets TRA.CT B: Portions of Tract A and Tract B, DUNN ACRES, according to the plat thereof as recorded in Plat Book 76, Page 30 of the Public Records of Miami-Dade County, Florida, being more particularly described as follows: COMMENCE at the Northeast comer of said Tract B and the Northeast corner of Section 34, Townsrup 51 South, Range 42 East; THENCE South 02021' 14" East on said East line of Tract B and the East line of said Section 34, a distance of 541.55 feet to the Northeast corner of a parcel of land conveyed to the City of A ventura for highway purposes by Right -of- W ay Deed recorded in Official Records Book 17973, Page 3869 of the Public Records of Miami-Dade County, Florida; THENCE on the North line of said Parcel conveyed to the City of A ventura the following three (3) courses and distances; l.Sout h 50029' 14" West, a distance of 32.10 feet (31.83 feet by deed) to the beginning of a tangent curve concave to the Northwest; 2.Southweste rly on the arc of said curve having a radius of 330.00 feet, through a central angle of 37032'07" (37034'38" by deed), an arc distance of 216.19 feet (216.43 feet by deed) to a point of tangency; 3.Sout h 88001 '22" West, a distance of 107.88 feet to the POINT OF BEGINNING; THENCE continue South 88001'22" West, a distance of20.29 feet; THENCE North 01052'05" West, a distance 0[257.81 feet; THENCE North 37041'02" West, a distance of306.19 feet; THENCE South 88009'53" West, a distance of 382.40 feet; THENCE North 01052'05" West, a distance of 17.63 feet; THEN CE North 88009' 53" East, a distance of 5 81. 8 7 feet; THENCE South 01 '52'05" East, a distance of 523.58 feet to the POINT OF BEGINNING; Prepared By CALVIN, GIORDANO AND ASSOCIATES, INe. 1800 Eller Drive, Suite 600 Fort Lauderdale, Florida 33316 April 28, 2006 Revised July 25, 2006 Revised July 26, 2006 P\ProJectsl200 11012193 Gulfstrearn Park Boundary Survey of Miami Dade PortionlSURVEYlLegal DescriptwnslPARKVIEW AT GULFSTREAM Revised 7-26-2006.doc Sheet 3 of 5Sheets Said lands lying in the City of Aventura, Miami-Dade County, Florida and containing a total area of 597,429 Square feet (13.7151 acres) more or less. NOTES: I.Not valid without the signature and original embossed seal of a Florida licensed Professional Surveyor and Mapper. 2.L ands described hereon were not abstracted, by the surveyor, for ownership, easements, rights-of-way or other instruments that may appear in the Public Records of Miarni-Dade County. 3.B earings shown hereon are relative to the East line of Tract B, DONN ACRES, as recorded in Plat Book 76, Page 30, Miami-Dade County Records, with said East line having a bearing of South 02021' 14" East. 4.The description contained herein and the attached sketch, do not represent a field Boundary Survey. CALVIN, GIORDANO AND ASSOCIATES, INC. Gregory 1. Clements Professional Surveyor and Mapper Florida Registration Number LS 4479 Date: Prepared By CAL VIN, GIORDANO AND ASSOCIATES, INC. 1800 Eller Drive, Suite 600 Fort Lauderdale, Florida 33316 April 28, 2006 Revised July 25,2006 Revised July 26, 2006 P\Projects\2001 \0 12193 Gulfstream Park Boundary Survey of Miami Dade Portion\SURVEY\LegaJ Descriptions\P ARKVIEW AT GULF STREAM Revised 7-26-2006 doc Sheet 4 of 5Sheets .~~'--_..~>-..._----_._-.,-~~,-~,...~..__._.,._....._---,-.-..~,.-._..- i"roJeCtS\iUUI \V'il~J I.>UIls\reom i"orK tlOunoory ::.urvey 01 Miami uooe i"ortlon\::'UKVt 1 \::'I\U\..M\Ulil>jJ-V-::'I\-KtVI:>W MU Ut:>\..I'IIi"IIUN,owg ;~~ii ~Hi' ' " ::j' . II ~lll - 0:. :l; ... i ii f I , :') - -I < ::> "" ....)(1) ...." ~ C::~m m<-t Z-'O' -1m:%: :~ ~ 0 " I ~I"\O _ WI m ~C(l) ~r-o -":0 bOO- ~..,,, o":! mmo )z n~ o c: Z -I -< ~ ... , ) n 10 ~ '" . ~ ~ I ~ ,- ~ l J nCJ1 I~ o O. ::0 " ~ I I ~. I ~ I ~ I Q ~ I I I I I ...... :tJ ?J I~ f1J ~ !=J o ::0 ..... ~ ... 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I .,.. .. , Exhibit "e" LAN'D DESCl@TION GULFSTREAM PARK BROW ARD COUNTY PORTION LESS VIlLAGES AT GULFSTRBA:r\1 PARCEL 1 (FEE SIr",fPLE ESTATE) The E~l$t 180,6 feet of Lot 1, Block 7; LESS the NOIl:h 75 feet thereof for Stdte Road Right-of-Way; The Sotlt11 300.0 fect of Lot l~ Block 7; LESS UleEast 1&0.6 teet thereof; and also less the \Vest 33.23 feet thereof; Lot 4; Block 7, less the NOlth 25.00 fe(~t ofthc \Vest 33.23 feet tht';['t.\lf; Lots 3 and 4> Block S; Lots 1) 2, 3aud 4., Block 9; L()ts 1, 2~ 3anel 4, Block 10; Lots 1~. 2, J and 4, Block 15; Lots 1, 2, 3 and 4, Block 16~ All of the Sllbdivision in Secti<JIl27, Tow'nshii) 51 South, Range 42 East, nct.ordlng to the Plat of TOWN OF HALLANDALE (MAP OF THE TOWN O!~ HALLANDALE), according to the PlattlK'rcof, -as recorded in Plat Book B,Page 13, Public Records of Dade County, Floriilil, om" being a part ofBtoward County, Fk)nda. LESS AND EXCEJ>T from all the ahove ti10se portions lyingW e,st ,of dle East rigbt..of.. way of F.eden)l Highway (U.S, No. n sald East right-{)f-way line being described as !()llows: Beginning at the intersectil)tl of the NQrth tine ofs3.id Lot 2) Block 10, ~,'ith a line that lies 90.00 feet East of and parallel with the West line of the S<:l:mheast One- Quarter (S.E.%) of said Section 27; thence Southerly along said paranel line a distance of 1&69.97 feet to tllepoint of curvature ora curve concave to the \Vest and having a radius of3909.83 feet; thence Southerly t~ong said curve through a central angle of 12 degrees 03 minutes 38 ;seconds for uncut distance of 823.01 feet to a point of terminus on tile Soud11ine ofthe Southeast One Quarter (S.E.Y.t) of said Section 27, Township 51 South, Range 42 East, Broward County; Flodda. Portion~ of the Plat of TO\VN OF HALLENDALE (NtAP OF THE TO\VN OF HALLAl'IDALE), nccordulg to the Platthereo'4 as recorded in PItl! Book B,Page 13, Public Records ()f Miami-Dade COlUlty (Bl'Uward C~mnty), F'lori<4l, now being a portion of Broward COUJlty, Florida, as reflected in tiH~lega1 desctiptiQU set forth above were replatted by tlle follol'.'ing p~ats: HA LLAND ALE PARK NO, 12 PART 2, recorded in Plat Book 10, Page 17, Public Re~<)rds of Miami..Dade C.o'unty, Flori<m, nO'N being a poruonof Broward County, Florida. B) HALLANDALE PARK. NO. 12 REViSED (RIVIERA) SECTIONS, recorded in Plat Book 10, Ptlge 18, Public Records of Miami-Dade County {Broward County), Flotida. now being a portion of Broward County) Florida, Pn.~~ lly. c,\L \"IN, ClOltD:\NO "'''1'> /\$SOCIA Tf.S. INC. lSOO l!Jltr Drh'e.. SUi!,' ~l';() F{ltllt\JdeJ~t:lll, Fl(\riJ:\:m i6 ,";xiltS. 2006 jl"mj~:lr.'<,2Ot'WI.'l41S24 Gl,M~Ir\'all'1~SUR v EY'.L~~ 100000~.ription....\Gu ll~strt'.am.Brown:'{\ pol'ti~n 1t5S \'\Ila~":i ,dQ~ Sheet 1 0 f 15 Sheets CJ GOLDEN ISLES BOULEVARD ANNEX BENCH (BEACH) SECTION, recorded in pjat Boo'l 14, Page 46, P,~blic RCtPrd!oJ Miami-Dade CctllJty (Broward COlmlY), F1oridu~ uowbeingaporuon ofBmwanl County, Florida. AND AU of the sulxlivisions of HOLLYDALE PARK"acco:rding to the Platthereo~ a,s recorded in Plat Book I 1, ,Page 2,P\ibliv RetonisdfBro\varaC~nntYiFlQrida. LESS i\}JD EXCEPT TflER:EFROM an of Hibiscus Street itS shown ollsaid HOLLYDALE PA.RK a/k/n tllt~North 25 feet ,of the SouUl\vest One QU::H1er (S.W,%) of the Southwe$t Que Quarter (S.W.Yi)of the Northeast One Quarter {N.E.lJ4)of Sedion 27, To\vnship 51 ,Sr)uth, &tnge 4.2 East. Bcoward CoulJty,Florida. . AtS OE.'{Cf::PITNG THb1tEFR OM aU that portion ohaid Hollydale Park lying\\! est of ti line 90.00 f(%~t East ()f tu1d pamHelwitllthe West line of the SOllth\ves:t One Quu11er (S.W,1I4) of the S()Uthwt\~t One Qunrter (S.W,l/4) of the NQrtheast One Quarter (N.E.l/4) of Section 27, TO\\',!l,ship 51 Sou tn, Range 42 :East, Broward County, Florida, AND 'TIle \Vest One Half (W.l/2) oftllC SOllth,vest One Quarte;r (S.WJ!4) of the Northwest One Quqrtcr (N, W.l/4) of die SoUthwest One Qllarter (8.,W.1/4) and the West One Half {W..ll2) of the Northwest One Qmtrter (N,W,1/4) of the Southwest One Quarter (S. \"\/ .1/4) of the SOlltn}vest One Quarter (S.W.1 /4) of Section 26, T (Iwrt~hip 51 SOl1th.~ Range 42 East, Broward Counry,Flonda. ALSO LESS AN'DEXCEPT THEREFROM all of Ule ahove description property conveyed. by the Deed .to the State of Flolidn for use ,and beuefit of the Sizlte of Florida Dep~lrttnC~llt of Tm.nspmtttti<>o asset forth in the Deed recorded in Otlicial Records Book 13597, Page 886, Public Records ofBroward County, Florida, described as follows; That part of Lots 2 and 3, Bloc.k 15, TOW'N OF HALL~~Al.,E, according to the Plat thereof, as recorded in Plat Book B, Page 13,PubHc Records in Broward County (Dade County), Florid.a, said part bemg InUre particula.rlydescribed as fotlo\lt'S: Commence at the Nortbeast corner of the Southeast Quarter of Section 27, Township 51 South, Range 42 East; theJ1Ce South 87 de~1fees OJ minute$ 18 soconds West along the North Un-eof said Southeast Quartetl1f Section 27, a dist:mce of 2665.11 feet to the Northwest corner of said Southoost Quarter of Section 27; thence S0\1tll02 cegrees 52 minute.'S 00 seconds East ah:mg the West tine of the East Half of said See:tlcm 27, a dis~'lnce of 1869.97 feet.; thence North 87 degrees OS minutes 00 seconds .East, a distance of 94.5 feet; thenCe South 02 degrees 52 11linut0s 00 see,onds ~\st, 11 distance of 4,32 feet to thePOfm OF BEGINNING; tllenceoontinue South 02 dObrrees 52 minutes 00 seconds &s~ a distance of 32.91 feet to the beginning of a curve conca\'~e Westerly, h.'rving a radius of 374100 feet and a chord bearing of South 00 degrees 21 minutes 43 seconds East.; tileIlCe nm Southerly along tile arc. of said curve through a central angte of 5 degrees 00 minutes 35 rr.'j)ar-.A By: CALVIN. GlORIiANO AND '~)CM n:.s, tNt, 1 SCO EJlet!)sj..i:, Suite 6i10 ~ I.audct(~lc. F'!M<!a 3~;316 i\.pr1l lil. 2\J'.,i6 r ,\jlr(1~dr.\2G,14\o.12lt,'J Gull:;t~!)l,,\SVR VE Y\Le~ul{)i:*rip1k)n.'("d~tl't\iJl\.flmw~i~ portiOn k.'l$ Vi1lniit.uloc Sheet 2 of 15 Sheets seconds,G. distttnce 01'32721 fee~ rrwllce South 6 degrees 49l11inutbs12 seconds West, ~\ dist~n(~ of99,85 red to (l pCiinl (>fi the existing EMtcdy right.t)f"\V~lY Iin~ofState Road 5 and the begitming.ofa. Cl1fVCCUt1Cnve tome West;:s~id'ttltv~htwing Ar:mius of 38 19 .~3 feel and a ~hctdbe(\rillS of NO.ith Ide~fec 32' minutes 43' $ooonds Eastj thence Northetly along the mc of said curve H dist:<'fGCC of 318A4 feet thro:ugh a tentralangk of 4 degrees 46 minutes 35 s~}C\)nds to theeud ofstlid curve~ thence nlongthe South line of s;lid Lot 3, Block 15, N{l!th 87 detrrct.'S 02 rOlnntes 19 seconds East a distance of 2.11 feet; dlence t~tl'tint~ along 'said existing En.,ij:tedy nghtwof.:wayline Nil}tth 2 degrees 52 mitlutcs 00 seconds We~t;la dlstattce of 140.79 feet; thence leaving said existing Eask:rIy rigtlt.of- way line nm North 87 degrees 08 minutes 00 seconds EU$t a dislance of 450 feet to the flOINT OF BEGtNNJNG. ALSO LESS AND EXCEPT TaEREFRO'Mallof the abov~ described }m~perty conveyed to the Slate. of Fk}rida for the llse and bt."Oe5t of the State offlorida Depfll'tmeut ofTnUisportatiotl as set forth in the Deed recol'ded in Offici31 Re(~()rds Hook 15493"Pilge 113, Public Records of .Ilt'<)\varcl CountYJ Florida, dt,~cribedas follows: Th~t p~t of Lots 10 .and 11, Block 2, ofHOLLYDALEPA'RI~ acoording to the PIal (hereof~ as r'~t)rded in Pl~t BOllk Ilj P.a~re 2, Public Records of,BrtWfarrl County, Florida, and tlUlt pan or a 25 footaband,)t1ed Rrld v{}cMed toad as shown t>11 said Natof HoU:ydalePaik and that part of Lor 2, Block 10, of the TOWN OF HALLANDALE, according to the Phtt thereof, .a.~ rt~orded in Plat Book B.Page 13, Public Records in Dade C{)Unly, Florida, said part being more pnrticuhlrly describe{tas follows: COmmellceat tile Southwest comer of the N(>lthwestQuarter in Section 27j Township 51 South, Range 42 East; Ulence North 87 degrees 07 minutes 2S seconds Eas~ along the Qual'ter Section line of Silid Section 27 a di:St~mc:t~ of 2655.87 feet to the ha.~elineof survey for St<lte 'Road 5~ tb~1lce North 02 degrees 52 minute~ 00 secon(l~ West, a distattce of 62.17 feel; thence N<mh 87 d~grees OS minutes 00 secO.tlds East, a distance of 90.00 feet toU1e Easterly existing right-or.way for State Road 5 and thef>OliVl' OF BEGl1\1NING:; thence South 67 degrees 58 minutes 47 seconds East, a distituc.eof23,16:; tben~'t N{lrth 87 degreE-OS 07 minutes 18 seconds East, a distance of 10.97 feet~ tbenc,e South 02 degree.s 52 minutes 42 seconds East~ a distance of 106.00 feet; thence Sout1142 degrees 07 minutes 39 sccondsWes~ a distance of 38.89 tbet; thence South 02 degrees 52 minutes 00 seconds East, a dist:mce of 200.25 feet; thence Soutb 00 degrees 56 minutes 51 sec.'Onds Wes~ a distance of 67.65 feet; thence North 02 degrees S2 minutes 00 seconds West a distance of 411.00 feet to tbe POINT OF B.E(HN~1NG~ and that part of Lots 1 and 2 in Block 1 of HOLLYDALE. PARK, ac.cording to the Plat thereof, as recorded in Plat Book 111 Page 2, ofthe Public Rccords in 11roward County, Florida~ said pati being more particlllarly described a" foHows: Commence at the Southwest corner of the North\ve.st Quarter in Section 271 Township 51 South, Range 42 East; thence North 87 dl;.~rees 07 minutt~ 28 seconds East, a dist.all'Ce of 2655.87 feet to Hie baseline of Survey fur State ROa\15; thence Nortb 02 degrees 52 minutes 00 seconds West, a distance of 618.41 fee~ thence So'Uth 87 degre~ 08 minutes 00 seconds East; a distanc,e of 90.00 feet to the POINT OF BEGrN~1NG; thenee No.rth 32degn..-es 50 minutes 45sec.onds Pre~ By: CAIVL\, GIOROAN'0 ANn A.\SOCIATES, il'i'C. r~ 8kr Drive, Stille 600 FCll't uudr;rdslc. Fltvidl :11116 A~l ~, iOO6 '>;\}lrbjl'C'S'2QlJ.i\(l<!2S24 Cdf;t!L'ltlttSUR\1.YLeg:a1 Cl(seriptil.\1'.:l\CkIJf;t~.:rI11-B1;'\\'lInl p('Ji'trol! b,:> Vi!~5d~ Sheet 3 of 15 Sheets . '"" . ..... ...... . . .... , " ". ~'. .. . ,. -, , EMI it d;~hl11t':C of 40JG feet; thence South 87 degrees 12 llunutes47 seconds West, a distance of 23.36 feet to the Lasterly existingright.of*way for State ROitrl 5; thence South 02 degrees 52mimrtcs no secio:udsErisl, a dlsUll\ce of 3253 feet to the POINT OF .B~. ...o.'.n..tll. fJN"'..GI c l~'~' 4 ,- '~ LBSS TIffiREPROM THE FOLLO\VING D.E8CRrB;ED PARCEL: A p Ottl on ot"Lots 1;3 .and 41 BIock1. Lots Ilhroltgh4.Block lO,andLcts .1 tht()(~ghj, Block 15 all iu M.t\.P OF THE TOW~ OF HAttAN'DALE, ar.cording to the plat thereof as r~borded in Plat Hemk HI Page 13 of tbe Public Rec.(\rds of Dade County, Florida. also being porticJ1ls of HALL AND ALE PARK NO, 12, PART 2l according to the plnt thereof Its recodedin Plat Book 10j Page 17,porti.onsofH()LLYD ALE P AR.K, according to the plat thereof as recorded in l'tat Book 11 ) Page 2 and p~)rtions of HAtLANDALE PARK NO. 12, according to the plat theroof as recorded ioPiatBook 12, Page 35, the three (3) previous piats being recorded in the Pub'ljc Records of .Bro\'\iard County, Florida and heing parHcuku'ly described os tbUows: COj\{M'15NCINGat the Southe,ast.comerof Set-lion 27, To\vnship 51 South, Range 42 East, Brc'ward County. Florkln; TH}!NCE South S8~Ol '22" West (b.~lsts()fbearill,gs) on the South line of said Section 27) a distanc,e of2,093.59 feet to the POINT OF BEGINNING~ THENCE continue South 88QOr22t1 W~, on said South tine of Section 27, a distance of 57055 fe,et to the intersection with the East right..of..\vay line of South Federal Highway (U.S. 1 ) as shown 'on StateofF1orida Department of Transportation Right..of-WayMnps for Slate Road 5, Section 86{)10..2519, saidpoilltlocatedoll the arc of anon-tangent CUrve concave to the West, whose radius point bears N(}rtb 79Q45'4r West; THENCE On said Ea.~t right..Qf,,\>':ay line of South Federal Highway (U.S, 1) the following sixteen courses and distanc,es; 1. NQrtherlyon the }lrc '01 said curve llaving l radius of 3.,909,83 feet, lh.r(~ugh a centl'alal1g1e of 05~16'3311, and an arc distlmee of 360.01 feet to a point of oon- t'n. gtil>'M \{',. It ;"wuv J .,_;:-' 2. South 85002'14" .East, adistauce of-O.85 feet; 3, North 0705112GiJ East, a distance of ~.85 feet to a point on the afC of a nc,'>n- tangent tU!'\'e concave to the West, whose t'i;'ldi\1S point bears N01th 86049'11 If West; ";~ Pr~td By: CALVtN. 'CIOR!h\NO AND ASSOCIA TESt INC. I roo Eller Ddt't. Suite .600 Fort latder.bk. Fioriii, m If> AjlrTI 2S, 2006 ~:"fl\?j iX!3\2f)t~'i)41S2~ r.}\lltlil"~iSUR VEY{t1al ~-ciJ1.i(,n~\l..ltllllilram.B:m~'ard JX'Jrtiun Itss vm~dtX Sheet 4 of 15 Shc'ets 2. Lands descrihed hereon wert: not ahstr.1,ctcd~ by the SliJ"tcyor, fo.r owftet'Ship! easements~ rights-ot.way (}r otfl,er trtst.."'tunenls that may appear in the Public Records of Hro\yurd OO'ltnty. 3. The (lcscl'iption contained herein \\1t,5 prepared from il1fonnatl0l1 provided by the t lient. 4. The description contained herein d,QOS not represent s':fielcl.Bouudaty Survey, oJ I! (f '(Q' . ~ .\1 { : "'.. . . >.1/ '...... ........ .' .... '. ' '. ii,,,,! '.' ......" .. r-; CA1". I~. ;.~ GIORDANOA..N~,. :....#\,.8. 'OCIA1E.S, INC. l} ,/r} II! \, Ii 1//" It / I ~i~7 ./ .' /.# f} /, .{' A'~~: /,") . IJ.q I I 1.., ..... " .... . f.. . ;11 .. ,', " r '. . fl. r,.. ". .'. '.. .... .. ."". ..' . '. . . .", '.' --./.~f.;~Jtif!/-:~tlc~r~f ;"il. Date: ._..~~~Z~~r~~ _ Grfgor~ J. Clem,11ts. .ji ./ ..- l}fbf<e$SJOna~ SU~ley;j and Mapper ll1{)nda Regtg1~hl'\n Number LS 4479 I ~,...,- rft.~iDy:: CALVIN. GIORDANO AND ASSo(l.\,rES, iNC, J ~:~ tMtt Drn~ ~t* f.\H11..amk....lbk, Flofi&a 33316 Apri12~~ 2006 P:\j'lr(~t;t)"10()~\(}4~~24 G~lJ1$lreWl\\SUKVtY\leglll~~~li~ikJiU\Glf:f~lr~ll(!t'nr\l"lllll P~lt,(j:\ !us ViliaiJI:S.dcc Sheet 7 of 15 Sheets '~~:1it.",v:,'},.,t, ~~:-",;""lJ:'l'd.<t. r- !"'l";~:'4~' ')',!JI:~~:~,~:i; :'g,.~.,..!"-':g~?:m '"'~, "";.. ,..j1.~. . ". I1l ". ..' . ...... ~ -r,.j.ll:l'll.'0. . .,,.~)..~,!;~...:..~.~~:o.O'.?\.' 'ft". .:...... ..~;R,~u :~,O(!.~_~-~t:4:,..:htr#:.~, 'f;,~ t,~~."1~;t~'h.t~ '';'~'''':.'' .....;. ';'~;"J:~i i'.~. '. 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"'f; . ill .... tit ~ I i .... ....... .......... .....;..,'..-. .",.....' -, - I ..i 'P". .... ~ (j.', . ,~. . tI.. 1" tl :, .~ I I I -'- - -.., ....- ---,..-,..._-~' :' ...' - :;... ..." . t.1AtCH-lJNe i!iJ'HeiT 1i f 15" Exhibit "D" L !'''l!I.''l'\:'Dl:\t'hD'nYl''l()M , '."l.h'l.r : ,P~v,l;\!L[11Vl'i "~ ' ViLLAGE ArGt.1LF~TREA1\i:P ARK EXHIBIT A portit>il ofLota I, 3 and 4, Bl~ck7; Lots lilirllii~4;!roolf 10;andljli$1 lhrough 3,i\lacl 15 all iLl M...\P OF THE TOWN OF HALLANDAL-a 'acboriting to the ph(t tbel'eof as rec,of{led in Plat Book B, Page 13 of the Public Records of Dade COlUIty, Flori&.\ also being portiDns of HALLA1\IDALE PARK NO. 12, PART 2,accoTcUng to the plat Ule-reof as re~oded in Plat Book 10, P1\l,"e 17, portiollS of HOlll:I:l;aJiE P~K.,~,\lt01he p!atthtre<.lf as recorded inlJll1t Book III P,tge 2 and POrtionSQfI-1lliANDALEPAmt.ND.l~,accordmg'to theplatihert-of-as recorded in Pbt Book 12, Page 35, the three (3) previous plats being recorded in the 'Public Re.cordsofBroward O::mnty\ Florida and bdng p~trticulady described ,as follows: COMMENCING at the ,Southe,(lsl corne-If .of Se~tion.. 27, Township 51 SiJUth, Range 42 East, Broward County, Florida; THENCE South 88:101'2t' West on the South line of said Section 27, a distance of2,093.59 feet to the POINT OF BEGfNNIN'G; THENCE continue South 88"=Dl '22'1 West on said South line t1fSection 27, Ii distance of 570.55 fcelto the intersection with the East right*of-way line of SOUdl Federal Higl1\vay (U,S. 1) as , sho\vn on State of Florida Department of Transportation Right-of-Way 'Maps for State Road 5~ Section 86010-2519, said point located onthe arc of a non-tangent curve concave to tile We~ whose radius point bears North 79045142" West; THENCE on said East right-or-way iineof South Federal Highway (U.S, 1) the fol1o\ving sixteen courses and distances; 1., Northerly (;n the arc of said C'urve.baving a radhl$of3,909.83 fee4 through ,a central angle of 051,)16'33'\ and an arc distance of 360.01 feeHo a point of non-t~lIlgency; 2, South 85002'J411 East) a distance of 0.85 feet; 3. North 07051'26" Bas~ ~ disLtnce of99.85 feet to a point on the are of a non-tangeotcurve concave to the West, wnoseradius point bears North ,86049'11 U West; 4. Northerly on the arc of ~'rid curve having a radius of 3,74100 feetl through a central angle 0[05001)'351', and an arc distance of327.27 feet to a point of tangency; 5, North 01049'46" West, a distanc.e ()f32.91 feet; Pre~.ared By CALVIN, GfORDAND AND ASSOClUES, INC, lllt,'() Eller Drive, Suite 600 Fort i.alid~d~lc, F1~ ml6 July 6, 2005 RaviseO AaguSI J, 2005 ReYlS<.>C Sep;cmber 16, 1005 Z:120t};\042S24 G\l'fs:r~m\SURVEY\LcSlll Dl.'5criplioliaWil1i1gc at Gulf$tre:lm.dQC Sheet 1 of 8 Sheets . - .-.. ...-..-..... .. _.~....... ".- ....... .. h'_..._." ~ 6, SmIth 88cl(r'14"'West, ,~td15hmceof4.50fcet tQ'upointonthearc ora Don~t~U1gent curve C()TItave to the Wcst.~\vhose1'J1ditlS,pt)intbeatS$olltliS8014!02'r West~ "l' !. 'a'f:~~hlSpf3,9~9;S3fet~t, tbroughfl central ~et;to,,~tnointaf':tanttenc'Y' . '" ....:':.:'; ':' ;., .:. -:"..\~t~:.,>~:.,,~,,;.,.:-: ':'h :':'. .-". ,.Q..' ...:):, .., . ,... . .,. . , , . .,. . .......,.:;.... -, ....... h.. ...... "-.. ".. 'h.. ..._, ". . -. ...,"..-" .. .................. ....." ..' '" ... .,.. 8, . North 01 b4Yi'40lj"Wes~,'au]$tJl,ic~qLli52::r:t;f~feJ~;" , '. 9 N "1 '1'1''''00' " liv7flg':. '. ..ct. ';'t. : ..... ,..,(.":,, t;'5.i:::<t,. '. lort l:.Jt. .,' Jv)~\St,a. lsan~COl;V}io\J;>.f~) -10. North. Ol049!46~ We&1;~idlsMhe~Qf20l};i5'te9t}.,... 1'1. P't.h." '3 "(')7'A\'il 1),..-,4 .' ".A\'t'.... , ~ "f 78C'(l~'\,t;',,t,. , . 'A~OL '.. .'If. . .'. .'1'tll:.aS~ja ulS ~nQ'Cg:, ,,~r JC~~,1 ,- . ,'. .. . , , l' N.....ortb 01"c5'1'G3{' \~re~,:\j~,ista' t~l'\e;,ctrt!(1o.~@'Iet"t. '.' -.., ,. ,,:.:,. ',," "~:''''''- . :~:'~::,.f,::l.~,,~.(~- -':',:_~Ir~:_:...:"...."~:.....,:>,,,::.:. _,;,Y.", . - . -. . " ........ ')'0 ''1 ij' . '.. '. .d;' '~ ...~...'1 ^9','ijt:,r, 11 South 88:07i..7West,a lstanCeOl 'XI;Jl~etf 14. North66'J56'55!'West1u distance of23,16:!eet; 15. North 0 1 050108 tI 'W,est;allistallc-e ol$5~.82feet; 16, North 33 ()52'3T' Eas~ atlistance of4Q.0'3 feet to the intersectiol1 with the South right.,;of- way ,line of Hibiscus.Street.asshQ~iJ)tt THE 'PROMENADE 'AT HALLANDALE. acc'ordin~'t{)th~p:tat.~~h~~e6t~s,recQra~<tii11~ta;~~~q~, t12}~lt~ 40f the Public 'I<e~ptl;t~ 'ofBnJwardCourity, Jflbd1fu;' " . . . THENCE North 88015,'391; EastOJ1Sald;Sbn41,'ri.g1ik~f--w~y141~ aIldi.,tsEasletlyprojectlon,.a distanceof594J3fect . . . . .. THENCE South Oto46J21"EMt~a 'disfat,)ceQflQ~Q(t:t.~~ . . THENCENorth 880 l~ iJ9 '1 East, ~dlstatip~'~f'~1~..41~et; . . ". ". . ", " THENCE Sonth{}lO{}6il1~EllS~ 'a instinte bt29;gjiedt; THENCE South 0 lOS010811Eas~a 1.li~tanC'e~f:414,~O',fe~h THENCE North 88009152"Eitsla diStml~eQt2'j7;46fe€t~ ' " , ,. .. "" " , J THENCE South Olo531411\Easttadistanceoflt~OS~if~.:feelto apolnfon the arc of a :non-tangent curve concave to' the SOlrthe,ast~wb.t)se radlusp,Qintbears Soufh OS'),15'32H. East; Pn:pim;d Sr CALVIN,GtORt)AN(J f\1'lD ASSOCL;\n:'s,lNc. ! 800 Eller :Dri\'\:, Suite 60D F0l1l..audt;rdlie)F1t1ric~ :>3316 July 6, 200~ Re~ Au~ 3, ~OO5 JW.'ised &ptcmbcr 26. 2005 Z:~0V4\1l41$24 GUltlitrC:Ull'S!}RVEy\lcgal Dt'SCripti\lIl$Wil~:it Outf'Strealll.dCH; Sheet 2 of8 Sheets ,. .h........". .-.... ........... ,,~,.. .. '_'.. ...........,.. _.._.".. ....__W_~A'..' "-'_'~...".._,~..U,"A"._ "'''d,'''''.,,, ...."..,""....._......._.......................... "'. " l'HENCB S(jTlthwe.~edyon lheal'Cof$~iG'otl#'li~;~U't~t,r~~,,~;ta~t!s(jf59J3 fee:t,through ncentt~tl angle ofSI 041152",. an arc diist,tmce(lf84:S1feet,t.{)~:p~fflt'l)ftmtgel1c.y; .. ".- " ,., . THENCE .South .OO'~07'24" E~sti..4dt$ta(lCCo'f3:4.90"!e~~; THENCE South Sgc()'915211 Wes~ad:i$tance'of170;Olfeet; . . THENCE'So'uth D 1 '~50'08H Eastiadi~tl1I1Ci~~~ZZ6,99f~ct:t~5L,poil1tOri tlrearc ofa llon-tangenJ curveconc,aveto the E~$t,whoset~l~ills,l)ojt1ftje~s$~;utli1203'5B6Ir"East; , . " . . . . , . " .. '" . ". THENCE Southerly on tile' arcQfs~ra.e~lry'e:h~Y~i~~R.til(ti\\S'Qr 116,,08 feet,Ul1'Onghace:ritra1 angle of158c29i04"~ amJ all arc~st~#,()f~~Jj~~~.;f~cttifa;pohttofn(j:n;.tanget1cy; r:IJE. ').:'f 'ort' b. .. ..t"l' Ai;1'M'O"("(l1! D .t.. t ..~'e'hi;'/.:';r."1t/.';a,t\!j,"''i'~.' .. .' ''1' piLe oOU. ;lVI;)" j() T.l'3S i',t~[SI~1ge{)1.'~~i~,.~:;rlt:~H' . , ., .'. , . . . " ,- . '.. n. <LEPCE;' S' .O{l+:t.,,8'~<1091{ ~ ii 1 Vc'sta (1;s"'t~1i1ce~frO'3;;1f'ree't<' . _"Il~M., "JUJ \~~ J. :~,.. ,~,'~ ,.,.:::\1:.:, :_.::::.,.:....:~~".., '. , ' , ., ". . '.M . ., . ". . . . " ,. THENCE South 43 ;~09152 tl 'West, ,adista.n4~:bf2;76,44fe.et; , ., ,.., , . , ",. .. , " ., ." . r: '. '. .'. ", f. '. . . ..'....... ''O'~ 'j" )i >.> " . ,.... .,'}" '." ..... '.' 'i;' ;"'..,;,;,"; .,', . ',," . .'. 'i}" . ..... " ........ '. . ", .',". 'T:rtwr"; fHENCE South 01 )0 08Ea~tja(b$t~t~~;e~Yf,~,tt~2':fe~t~.ijae POll$TOFB$vINNiL~U; Saidb1nds lying in the CityofHnllaritlaleB~t1bhl 'Broward County, :Florida and cbr1tainittg 216461985 sqtUlre fe.,et(60.7-664 acres),'niurCQrles$; . NOTES: 1, Not valid.vtillidut tb,os~W1~~r~.andO:t:igln~lernPo~se<l seal of a Florida Hceu$ed ProfessioualSurveyoratlu'lvtapPer, . . ... ....... '. 2, Lands described hereot~ Wtlre not abstracted; bythesul'vey()r,forownership,eaSeH:H~11ts, rights~()f. way or .otherinstrutnentS:t1K~tttf~y.'~ppearhr the'Pub:lit Roqords. of Brawnra , COI.Ultv." ...... '. . ;.1 3. Bearings sho:wnhereon 'are'reltttive.tothe SQlIthlineofthe.SE X t>fSec'oUIl 27-5h42 having abewgofSouth:S$Opi~22'1W:$t " .' , .... . , ' , .. " .. 4. Thedescdp~ol1:CQllt~ned;he.~l1:~d~'~rtAel\M ;skct~l1,; .di.llll)l repres~nt)lfie1d ' B(~lmd<U'y Survey, . , , P~Br CALYb'{.O,IORl'l\J\lO AND ASSo.CYATES, INC 1 SOO Eller Drive, Suite 600 Fort ullderdtlc,. FIoridll 33316 My 6, 2005 RcYi$ed Augmll3, 2005 Revi~ September 26. 2005 Z:\2004\04.2:824 Gulll;trct'1lI'SURVEY\l.~IJ De.wriptiol~Wi1la~ at {iulf.m~mdoc Sheet 3 of 8 Sheets .~~.."._~ "......~~..'.. .,.......'... . .~,,"...\,..- ,-,-,~ .. -~--_.... -. """~~ .. ,............. ..."......"~_......."....~.,--~..,,.. SURVE)FOR'g.QERTIHCATE;.. . " . . 'I Ilt':'D.T.:'BV00r:;'R' 1';rOVl . ~t,' ""t "'1iuj;i; .: 11CJ\.1;,' :{\.:,ci.. ':dr:t~tatUJIS,'S;l~t(, s1~()\\11.hereon.;is 'uiu,eand'~1teet,ib..ltle"~~~~"~f':~........ ".' .. my st.lpervision~ .'1'ttis';sketchand,1~~!d.,~r~C~RJi~n'~9~i~t Standards setfortbbythe;FltfridaS;htbi:B~artl;offPi~fe; '., .. ,.' eY6~"'a1t(LMappersInth~pl~ 6'.lG"]'''''6 t'l.f'a; .~j'~:J"'lC"d'/' ........... ...:.,.............'..:Ait;'):ji:q;,.,,'#l 'd'.i',,, ' 't . .. .} '.. .l"\,,r 0.1 dt.\{tmtmstratIv.e ,pel1~rslmntfl}:"tI,..N""t~' Of:lao{fttute~. \ " .t" , . . ...... . .If .,'.y J . }//1,,/./.: ' /l_ ", _ / I ,I . 'I i . CAL;ViN,GIORDf~)f{/AND(ASSOC1!TES~h\T:e. /~' . . . / /ji/,tj '.JI,.. ',.,,,';tX... . '. . j. . 1,. '. """'" / _r ;":"/"',.1'1', ',/ .,~./ ,,:- ,".."- :'-.':i',,::,,."'::\:/.";":l:;:: .'. ..::. ":,:' :',',;", _ ,,::-::..',..... >.~;~ I.i......... ..........:'1....:.. ...... ........ ..... .L~.......:.. '//'h.?tJ1:}~~...I... ........l"\........".t.e' '.. lJ.....',.... :.p.;~...:~::IIj;~ - ~.. .' . ...}, ).~ . ..... :"'[;~:LJtIi. ~1~... 'fj~~,_ GtC!'fO" fG.;,Klnrbn ." . '.' .' . .' t. ... . ,ProfussiomISlt~eyor..andM'liPl'er /F1orida Registration NU111ber 1.$ 4479 Pre\l~n:d By: CALVIN; GIORDANp .AND ASSOCIATES. INt: I &{)I) Eller nri~'l:" SUTte 600 Fort lill.ll1crdllkl, flori1l1l3~3 Ui July 6, 200.5 Revised i\u~u&ll2005 Revised September 2(i, 2005 z: \200<<142&24 G\llfstre~I':1\SURYEY\J.i:g-~lDescr\Ptk)n~\ V~l~ at Gulfs~J,(k.lC Sheet 4 of 8 Sheets "' "'_."'..,,',,."'"-.~... ~-._----_. ....... 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'Aimlf.N- crTR~:."SP~T... ; iON . {ASiSi:QYiN "Oti ~IOA og.'li"RO;l,~ a:H .~CTlCi)l~1i.8p2~..11C1) RrllliT~-WAYI!AP ro~ "- ':. " ... . - .. .-...., 1 ~ ! . 'l .'. ; J I, 'S04~HRIC;I'1'T."PF-.; 1 WAYIJJIE ' )~,~ <. .~, I ",,'() .. ~~'~"".,~ ~~"\~ 'If ~: .~-il; lOll; l j \ I , J I I I .l~t. ll>l .l~ ill" LEGEM): llC.~. .. "Brc~(lrdCQllnly R~"atd:i CA "'Clll\ti":al A.1gl,. ~'" C~n{"r!;n~ D '-ul:ed CS ,. b~~ I1Cl.Ok OCR .lAiQf!li-ii>ode<Ci)unttR.tc"rd~ ~/PG"'Fjilld&:oQk :(l'n4f1~ii . F?L .. FfotiooP ower llI'Id Ughl 10.. l~enUllc:~tjo" L -Length' . LB .. UC!ll\~ed '!':Iuai~s O.Ra .. Offl!:f\tl RvcordG BtiOk P .. Plot P'O ""Pkll a~o!< PC .. POse P.o.ll '" Point. 1)( el!glhniri~ P.O.C. .. Pojnt .O"Co~llmQnl R",' Rll(jfu~ . . ROt .. Aang~l(t(MAP : ~/W ;. .RigI't~O:'~WoY'~r1t'~ i SiZe .. S\\Ctlon . ,.......'.. ............ '.' !scn. "SquunsFelt't 'lHEPf-OMENAOi AT HAU.ANO~LE. .;~, '" Township FB lthflC<4. a.M. j B III !'lA.Y l.I)illS .' 1'\1'll. .yq .'1. I':CJt~.-.,. . .......\. i ~Hl&lSCUSS1REET . .. . . ....... .' E! 11," "C' .; 'j ., , 'j llA61Z'$'E Q, l';U. I .........1""""'37"[ '. , '. '1' ., l'; ""'. .......,,,,,....... . ' , '. '5!H.J", ~ ~s .46,!)J' I ., '. ~ ,-..\. . "l I r;:'sou~$ffi...Cf<. '. ~ ;" ~j . ... ,; W,~ Vj uti!; 8 1 '~it.., N I ~~e ~ i~: >- ~ ",~ 1:l~.~.... ~.; , t: I ~.~. .:t..'f ',): .' . ,[~ ;XI,iS. i. III I) 2',. , II I ... III ~. 1 : ') II ~ G.... >.! fiT- ~ ' ~ fk;' "i : ~ ~'.k) : ; F . e 2 .~ /" )0. ~ :E 'i .t;: !' j' .,. N lID N' ~ 9-. \ ~ --,--- - ~. '7------ "'?:- ...;..., '-':,; '>. > . ..i ! :'1' ."......;"'.. ..-:..:- -~ '.. L...;. .....:,:;.,..~ .) ',_ ~.:.:,. ",..i,",v ...~ .j /~ ,~i;~~,0V '; ; )~"r,H;..: .,;..iij;;~ill?~'-".. ", .' . : . x'" , , .) ':.""., ,.f!_,UP: 11:...... , i,;~1 t<~~..':,:tn~:~'Bti , :,~ff0y+c1t===:. · : i . ! : , : '. _.. . ..; \ I ' J , !, ...w:"',...;>..... '..' .;:. .... ". .'f ..., ."~.,,, ....~...~ "." ...~ \ ", . , i \ ~)r&ITQfa . t'..J.iL. ~~ C .i~~.. ;:.~~- '>>eo .~ lIllii. fQO 1btt ~.. lbldt_ l'!l_ iktJ1. '1m J..~at1.lIlIlI1 ~~'~i~lIIl_- , '. . - ~ an~~~o;.~'~~ tZ'200'fl~C:~. CITY Cf AYENTURA, M~D~' COlJtID, fl~A 107/os/2005!) SE!: LEFT . \. ,',.......,' llHn 8 l ' I '. , J~ 8 ...... ...,."........, .........--.........--...---.... ......... ",,'.......,.'......... ........,,~"...~.....,. ,".......... ......-."...--..." ... "'.-,--..- -....-...,.."'."...... w_...... ........." .. Exhibit "E" Public Facilities and Infrastructure All public facilities and infrastructure required for development of the Project on the subject Property consistent with City Code, County Code and State Law, as applicable and in effect as of this date, are currently in place. Exhibit "F" City of Aventura 2005 Evaluation and Appraisal Report e. Redevelopment Needs/Initiatives There are several areas ofthe City of Aventura that demonstrate unique development and redevelopment needs, and/or that have been the focus of specific area planning efforts. In 200 I, consu Itants for the City evaluated the potential for the creation 0 fa new Town Center in the City. The subject area for this Study is bounded by: NE 191 Street and the William Lehman Causeway to the north; Biscayne Boulevard to the west; NE 187 Street, NE 18S Stree~ and a finger canal to the south, and; County Club Drive and Dumfounding Bay to the east. Existing development in this area includes: the Loehmann's Plaza shopping mall; the former concentration of boat construction and repair operations along NE 188 Street . that is transitioning into residential uses, and; other commercial and office uses (Figure 1I.A.4.). The Town Center Study evaluated several alternative development and redevelopment proposals for the area with the goal of recommending a plan that includes: an appropriate mix of residentia~ retai~ office and commercial uses in close proximity; a well.d eve loped system for mu It ~modal transportation access and circu lat ion (pedestrian, bicycle, automobile and transit); civic buildings and Spaces, and; a cohesive design.10 The City has designated a significant portion of the Study Area 'Town Center" on the Future Land Use Plan Map, and has created lhe TC-I. and TC-2 zoning districts to implement this land use, The Comprehensive Plan's interpret ive text for Town Centers states that they are "intended to be moderate- to high-intensity design-unified areas which will contain a mixture of different urban functions integrated both horizontally and vertically. Town Centers shall be, characterized by physical cohesiveness, direct accessibility by mass transit service, and a 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 characterlstics.,,1I Ahhough the City of Aventura has made significant progress in implementing its Town Center designation through the designation ofthe Study Area "I'own Cent~~' on the Future Land Use Plan Map, creation and implementation of the Town Center zoning districts, establishment of the internal shuttle bus transit system, and other initiatives, the area's redevelopment into a true town center Is in the preliminary stages, and the uhimate fonn it will take remains subject to debate. For example, questions remain about whether the Town Center should serve as a regional activity center, or should cater primarily to residents of the City through a concentration of neighborhoOd-oriented retail or services. Due to the location ofseveral already established regional activity centers within (Aventura Mall) or proximate (Gulfstream Park) to the City of Aventura, the Town Center's development as a downtown that primarily serves City residents might be more appropriate. The Hospital District comprises the area around Aventura Hospital and bounded by the FEe Corridor to the west, Biscayne Boulevard to the east, and the Broward County line/City Limits to the north (Figure lI.A.S). The area currently consists of A ventura 10 Aye nlura T aWn C, nler Stucly Orajl Plan, Walla" Roberts & Todd LLC, J" uary 22, 200] 11 Cily of A ventura Adopted Comprehensive Pian 16 City of A ventura 2005 Evaluation and Appraisal Report Hospital and medical office developments of differing sizes and intensities, fragmented single family development that demonstrates some blighted conditions both north and south of the Hospital, and commercial out parcels with Biscayne Boulevard frontage. On April 21, 2003, consultants for the City submitted a conceptual urban development framework for the District. The report submitted by the consultant identifies a number of underutilized parcels in the district, and identifies potential improvements, including: streetscape improvements; potential new streets, street expansions, and street closures, and; redevelopment opportunities. The report recommends that design guidelines be considered for the Hospital District in order to enhance the area's function as a cohesive district of medical offices and other compatible uses. 12 The City has made progress in the implementation of the Hospital District through designation of the entire area Business and Office on the Future Land Use Plan Map, the development of both site development and urban design standards for the southern portion of the District and zoning the area MO (Medical Office). As noted in the April 21, 2003 Conceptual Urban Development Framework - Aventura Medical Office District, however, several factors have impeded the redevelopment of the area, particularly in the single family areas. The Medical Office zoning district requires a minimum lot size of 1.5 acres, and the fragmented parcel and ownership characteristics of the single family area has made assembling the land necessary to implement the designation difficult. Changes to the development and lot size requ~ements in the MO District specific to the subject area, and the provision of other incentives to fOster the area's redevelopment, may be requ~ed in order to implement the redevelopment goals. Biscayne Boulevard is the City of Aventura's main north-south thoroughfare. The Biscayne Boulevard corridor in the City is characterized by intensive commercial and office deveklpment that largely predates the City's incorporation, including regional activity centers such as the Aventura Mall. Loehmann's Plaza fronts Biscayne Boulevard as well. Opportunities to further the achievement of cohesive design and development patterns and economic development goals along the Biscayne Boulevard corridor may exist through the redevelopmentand other initiatives. A review of Figures ILA.I. and II.A.2. indicates that the City's Biscayne Boulevard frontage is designated Town Center or Business and Office on the Future Land Use Plan Map, and zoned B-2, B-3, RMF-3, OP, or MO. Many ofthe afure-mentioned shopping centers have B-2 zoning, which would allow their redevelopment at a higher intensity than currently exists.. Such redevelopment, however, might not be appropriate for all areas of the corridor, which experiences significant traffic congestion and is primarily characterized by lower.r~e Commercial establishments. Moreover, the Boulevard serves as a primary gateway into the City, and links the Town Center, Aventura Mall, and the Hosphal District. "Coneeplual Urban Development Framework Ave.lura Medical Office Dis~ict. Wallace Roberts & Todd LLC, April 21, 2003 17 ..~ _~..J';""'~"-:-~"__--'--' ..165 $T .......\.. ..... ...... ./~ ~,~ Water . .."BI Town Center District :CJ City of Aventura Street . ~1Iaml~Dade County .....---....._---~ w+e s l8 " Le~e~d Hospital S treer -r -., Railroad ... Hospital District Boundary CJ City of Aventura . Miaml.Dade County o Broward County City of A ventura 2005 Evaluation and Appraisal Report Development and Redevelopment in Adjacent Areas As noted in Chapter I, the city of Aventura is bounded by: Broward County and the City of Hallandale Beach to the north; Golden Beach and Sunny Isles across Dumfounding Bay and the Intracoastal Waterway to the east; North Miami Beach to the south, and; unincorporated Miami-Dade County to the west (Figure 1.1,). Development and redevelopment that is occurring in adjacent areas invariably impacts the quality of life in A ventura, and vice versa. Impacts of development in adjacent cities on traffic congestion and hurricane times evacuation are particular areas of concern, and are addressed in Chapters n.c. and II.D. Gulfstream Park is an existing 250-acre racetrack located in the City of Hall and ale Beach in Broward County, abutting the City of Aventura's northern boundary. Gulfstream Park is currently the subject of a Development of Regional Impact (DRl) application for the proposed development ofa large-scale, mixed-use project on 85.7 acres currently used for parking. The racetrack facility would be retained.' The proposed flexible development program for this site includes 1.2 million s.r. of retail, 1,500 residential units, a 5,500 seat movie theater, and 300,000 s.r. of office spaceY This Application for Development Approval for the DR[ is still in process. The City of Aventura has been diligent in providing comments and input in the DRI process due to the potential impacts of this proposed development. The City of Sunny Isles Beach, located across the Intracoastal Waterway and Dumfounding Bay to the east ofthe City, has experienced significant redevelopment in the past few years, with low-rise beachfront. motels being replaced by high-rise condominium and hotel projects. This redevelopment has rapidly changed the complexion of Sunny Isles Beach, and had implications for northeast Miami.Dade County asa whole. particularly in terms of traffic and hurricane evacuation. William Lehman Causeway, one of the two the main linkages between Sunny Isles Beach and. the mainland, traverses the City of Aventura. Efforts to continue to ensure coordinated planning with the City of Sunny Isles !leach, particularly in terms of transportation and emergency management, are key to future development and redevelopment of both cities. The Ojus area of unincorporated Miami-Dade Countl'lr located west of the City of A ventura. The area is currently characterized by low density residential neighborhoods and commercial strip development along West Dixie Highway and Miami Gardens Drive. The Ojus area demonstrates some redevelopment needs, particularly in the commercial areas, and was the subject of a 2001 charrette conducted by the Miami-Dade Department of Planning and Zoning. Charrette recommendations included muki-modal transportation improvements, the development of urban design standards, increased. code enforcement, environmental restoration/protection, historic preservation, land use and zoning strategie~ and the provision of incentives for redevelopment.14 II Vi/logo of Gulfs/ream Park De"lopmenl of !regionallmptlCt, Application for Deveiopmenl Approval. April 28,2004 " A Vision for /he OJ"' Area, 14"' Chorrtlte Repor/, Mi,mi-Dade County Department of Planning and Zoning, May 200] 20 City of A ventura 2005 Evaluation and Appraisal Report 2. Social, Economic and Environmental Impacts Section 163.3191 (2)( e), F.S., requires that the potential social, economic, and environmental impacts of the identified major issues be addressed in the EAR. The previous section of this report described specific impacts of the development and redevelopment issue in detail. In summary, major positive social impacts of development and redevelopment include: the creation of stronger neighborhood~ which in turn strengthens the sense of community and social fabric; opportunities to enhance the quality of life ror existing and future residents and visitors by providing increased OPportunities for social interaction, reducing automobile dependence, and providing better public space, and; the provision of additional economic opportunities. Potential negative impacts include: reduced service levels and congestion that might resuh from increasing density without expanding service capacity; the encroachment of incompatible uses on existing communities that are essential to healthy development, and; increased school overcrowding. From an economic standpoint, the development and redevelopment issue has a number of implications. Development and iedevelopment increases the tax base, anil' therefore increases the City's ability to provide services to existing and future residents. Moreover, development and redevelopment attracts new residents and businesses to neighborhoods, creating new jobs for existing residents. Nonetheless, increased development and redevelopment requires the provision of additional and expanded public services and infrastructure, with added public costs. Impact fees, concurrency requirements, and other mechanisms should he in place to ensure that development assumes its fair share of these costs; From an environmental standpoint, redevelopment and infill development resuh in more sustainable development patterns than suburban sprawl, and play an important role in protecting the region's many environmental resources, including tbe Everglades and other environmentally sensitive lands. Within the City, however, development and redevelopment can diminish the level of open space, disrupt vistas and view corridor~ and have negative impacts on natural resource~ including natural and man-made water bodies. It is important to ensure that adequate open spaces are maintained and public spaces provided in conjunction with development and redevelopment in the City, and that potential negative impacts of such development and redevelopment are mitigated through the use of best management practices and other strategies. . 21 City of A ventura 2005 Evaluation and Appraisal Report 3. Comprehensive Plan Impacts and Recommendations Section 163.3191 (2)(g), F.S., requires that the EAR evaluate the plan objectives within each element as they relate to the major issues and identify, where appropriate, unforeseen or unanticipated changes in circumstances which have resulted in problems or opportunities with respect to the major issues. Because of its broad nature, Issue I.A., "Development and Redevelopment", impacts the Comprehensive Plan in its ent~ety. Specific recommendations to amend the Comprehensive Plan to address the issue of development and redevelopment are as follows. a. Future Land Use Element The following objectives and policies in the Future Land Use Element should be amended as noted or added to address this issue: R<<ommendation n.A.l. A number of the major issues facing the City, including building heights, concerns over the intensity of development, and ensuring compatibility between existing neighborhoods and new development and redevelopment, must be addressed through the City's land development regulations, It is therefore recommended that a- new Objective arid- polICies-be adaea to-t6e Tuture Land Use Efeineni to state- tnat by 2007, the City shall review and amend its land development regulations in order to provide a cohesive blueprint for development and redevelopment in the City. The revised land development regulations shall address strategies to: · accommodate growth while maintaining neighborhood integrity; · ensure appropriate height and site development requirements and design guidelines; · ensure appropriate transitions and linkages between different neighborhoods and uses; · encourage more walkable neighborhoods; · buffer neighborhoods and existing development from the encroachment of incompatible uses; · limit the intensity of future development and redevelopment in a manner that is consistent with current development patterns, and that minimizes further negative impacts to the City's infrastructure, traffic congestion, hurricane evacuation clearance times, and quality of life, and; · prevent redevelopment of a parcel. in a manner that would significantly increase its existing intensity or density, unless redevelopment of said parcel will implement specific development and redevelopment goals that are or that might be established for particular areas. Recommendation II.A.2. Policy 1.1 defines the City's residential land categories. It is recommended that Policy L 1 be amended to the following: · under the Medium Density land use category delete "authorizes apartment buildings ranging" and replace with "allows a range in density", Also, add the following to the end of the second sentence ", but may also include single family detached, duplexes, triplexes and quadruplexes" 22 City of Aventura 2005 Evaluation and Appraisal Repoli · under the Medium-High Density category delete "authorizes apartment buildings ranging from" and replace with "allows a range in density". Add the following new sentences: "The type of housing structure typically permitted in this category includes low, medium and high-rise apartments, but may also include single family detached, duplexes, triplexes, quadruplexes and townhouses. Addhionally, the height of buildings and attainment of densities approaching the maximum shall also be contingent on the ability of the developer to ensure appropriate transitions and buffers with the surrounding neighborhood, and to alJeviate impacts that will adversely impact service levels and quality oflife." Recommendation D.AJ. Policy 1.2 defInes the City's non-residential land lIse categories. It is recommended that Policy 1.2 be amended to: · Add text to the Business and Office Category to state that the maximum intensity allowable on a given site shall also be contingent on the ability of the developer to ensure appropriate transitions and buffers with the surrounding neighborhood, and to alleviate impacts that will adversely impact service levels of service and quality of life; - - · Add text to the Town Center Category to clarify that such centers are not intended to be Regional Activity Centers, but are instead intended to primarily serve the City's existing and future residents and businesses, and; · Add a Water Category which specifies that areas designated Water provide numerous benefits to the City of Aventura and are an important component of the City's multi-modal transportation network, stonnwater drainage infrastructure, and natural and built environments. It should specify that the use of these areas shall be limited to recreational and commercial boating facilities (including water taxis and ferries), the provision of open space and urban relief, recreation, waterways, wetlands, flood contro~ stormwater drainage and storage, and natural resource protection and enhancement, and comply whh the requirements of Chapter 24, "Environmental Protection...", of the Miami-Dade County Code of Ordinances. It should further state that development in or above such areas in a manner that will diminish these functions shall be prohibited, and that development and redevelopment adjacent to these areas shall include provisions to enhance these functions where appropriate. Recommendation 1I.A.4. Policy 2.1 states that in planning and designing development and redevelopment, the City shall enforce the guidelines contained in the Comprehensive Plan's Urban Design Element. It is recommended that this Policy be revised to replace the reference to "Urban Design Element" with '~edevelopment plans, the Redevelopment Element, and land development regulations". Recommendation II.A.5. Policy 2.4 addresses the designation of sites and use of landscaping materials in public projects, an important consideration in development and 23 City of Aventura 2005 Evaluation and Appraisal Report redevelopment. It is recommended that this Policy be amended to call for the use of native landscaping materials where feasible and appropriate in public projects. Recommendation n.A.6. Objective 3 states that decisions regarding the location, extent, and intensity of future land use in A ventura will be based on environmental conditions and the financial feasibility of providing services at levels that meet or exceed adopted levels of service by 2005. It is recommended that this Po~i:y be amen.ded to",.~,;..... update the date to 2015, and to expand the text to also state that deCISions regardmg the . location, extent and future land use in Aventura will be based on compatibility with and the minimization of adverse impacts on existing neighborhoods. Recommendation II.A.7. Objective 5 states that by 2005 Aventura shall reduce the number of existing uses that are inconsistent with the uses designated in the Future Land Use Plan Map. It is recommended that this Policy be amended to update the date to 2015, and to state that the City shall continue to reduce the number of land uses inconsistent with the uses designated on the LUP Map. Recommendation n.A.S. Policy 5.1 identifies a number of factors that the City will consider in ~valu~t~ng ~o!TIpa~i~i1ity_ ~~o~g_P!ox~te !a~du~e~. . I! !s recommended that this" Policy be amended to include the existing character and function of the surrounding neighborhood, consistency with the goals and objectives of the Comprehensive Plan, and specific neighborhood development and redevelopment plans in the list of factors to be considered in compatibility evaluations. Recommendation II.A.9. Policy 5.2 states that residential neighborhoods shall be protected from the intrusion of uses that will disrupt the neighborhood. It is recommended that this Policy be amended to remove the word residential, as all neighborhoods should be provided with this protection, regardless of function. Recommendation I1.A.10. Objective 6 states that upon adoption of the Comprehensive Plan, all public and private activities regarding the use, development and redevelopment of land shall be consistent with the Comprehensive Planis goals, objectives, and policies. It is recommended that this Policy be amended to reflect the fact that the Comprehensive Plan has been adopted. Recommendation n.A.n. Policy 8.1 calls for the City to establish opportunities to amend the Comprehensive Plan. It is recommended that this Policy be amended to reflect the City's established procedures for Comprehensive Plan amendments. Recommendation n.A.12, Policy 9.1 states that the City shall maintain and enhance regulations governing the use and development of land. It is recommended that this Policy . be amended to include protecting and minimizing negative impacts to the character and function of the surrounding neighborhoods to the list of items that are regulated by the land development regulations. 24 City ofAventura 2005 Evalmition and Appraisal Report Recommendation n.A.13. Policy 9.3 states that the City shall enact land development regulations within one year of adopting its Comprehensive Plan. It is recommended that this Policy be updated to reflect the fact that the Comprehensive Plan and land development regulations have been adopted, but may be amended from time to time. Recommendation n.A.14. Objective 11 states that upon adoption of the Plan, the location, design and management of development and redevelopment shall ensure the protection of natural resources and systems. It is recommended that this Objective be amended to reflect the fact that the Comprehensive Plan has been adopted. b. Intergovernmental Coordination Element Recommendation II.A.15. Objectives 1 and 3 of the Intergovernmental Coordination Element, and policies thereunder, address joint land use planning with other jurisdictions. It is recommended that new policies be added under Objective 1 and Objective 3 to call for increased coordination with adjacent jurisdictions to ensure compatible development and redevelopment, and address the unique challenges and opportunities that face northeast Miami-Dade and southeast Broward counties c. Conservation & Coastal Management Element The following objectives and policies in the Conservation & Coastal Management Element should be amended as noted to address this issue. Recommendation n.A.16. Objective 12 of the Conservation & Coastal Management Element, and policies 12.1 through 12.7, address protection of the City's shorelines and water dependent uses. It is recommended that a new Policy be added under Objective 12 to state that the use of areas designated Water on the Future Land Use Plan Map shall be limited to recreational and commercial boating facilities (including water taxis and ferries), the provision of open space and urban relief, recreation, waterways, wetlands, flood contro~ stormwater drainage and storage, and natural resource protection and enhancement, and comply with the requirements of Chapter 24, "Environmental Protection..,", of the Miami-Dade County Code of Ordinances. It should further state that development in or above such areas in a manner that will diminish these functions shall be prohibited. d. Redevelopment Element The City of Aventura's Comprehensive Plan currently contains two optional elements: the Economic Development Element and the Urban Design Element. The Economic Development Element addresses strategies for improving and streamlining the development approval process to further economic development goals, development of a unified approach for marketing the City to businesses, and the establishment of Community Redevelopment Area that includes Thunder Alley, the Hospital District, and the Biscayne Boulevard corridor. The Urban Design Element contains the original concept plans for the 25 City of Aventura 2005 Evaluation and Appraisal Report Town Center and Hospital District,15 and calls for the City to enact land development regulations to implement these conceptual plans. Recommendation fi.A.17. Due to the number of development and redevelopment issues that the City is facing, and the fact that the concept plans for the Town Center and Hospital District have changed, it is recommended that the Economic Development and Urban Design elements be consolidated and expanded into a new Redevelopment Element that addresses the following issues and initiatives: By 2007, the City shall review and amend its land development regulations in order to provide a cohesive blueprint for development and redevelopment in the City. The revised land development regulations shall address strategies to: · accommodate growth while maintaining neighborhood integrity; · ensure appropriate height and site development requirements and design guidelines; · ensure appropriate transitions and linkages between different neighborhoods and uses; · encourage more walkable neighborhoods; · buffer neighborhoods and existing development from the encroachment of jncompatible uses; · limit the intensity of future development and redevelopment in a manner that is consistent with current development patterns, and that minimizes further negative impacts to the City's infrastructure, traffic congestion, hurricane evacuation clearance times, and quality of life, and; · prevent redevelopment of a parcel in a manner that would significantly increase its existing intensity or density, unless redevelopment of said parcel will implement specific development and redevelopment goals that are or that might be established for particu lar areas. The City shall coordinate with the private sector and other agencies as appropriate, to implement strategies to market the City of Aventura as a location for new businesses, promote the retention and expansion of existing businesses, ensure an adequate supply of non-residential land uses to address economic development goals, provide services and employment opportunities to existing and future residents, and coordinate economic development, development, and redevelopment goals; By. 2007, the City shall refine development/design guidelines through the land development regulations for the Town Center that provides for its redevelopment as a design-unified downtown that primarily serves City residents. The Town Center shall be characterized by a mixture of different urban functions integrated horizontally and vertically, multi-modal transportation access and circulation, and high quality urban design; IS City of A~'entura Adopted Comprehensive Plan, Urban Design Element, Figure 1 and Figure 2, p. 74 and 76 26 City of A ventura 2005 Evaluation and Appraisal Report By 2007, the City shall review and amend its land development regulations in order to reduce potential development/redevelopment intensities on the Biscayne Boulevard corridor. The City should also evaluate strategies to improve the Biscayne Boulevard corridor through cohesive design and development patterns, and appropriate redeve lopment. City of A ventura 2005 Evaluation and Appraisal Report I1.D. TRANSPORT A TION 1. Issue Description and Analysis a. City of Aventura Transportation System The City of Aventura is located within Miami-Dade County's Urban Infill Area (UJA), which is designated as a Transportation Concurrency Exception Area, and is exempt from transportation concurrency requirements. The City has therefore not had to delay or prohibit development or redevelopment due to transportation concurrency issues between 1995 and 2005. The City's adopted Level of Service standards for transportation are: a minimum peak period LOS of E on State and City roads where no public mass transit exists; where mass transit having headways of 20 minutes or less is provided, roadways shall operate at no greater than 120 percent of their capacity, and; where extraordinary transit service such as commuter rail or express bus service exists, parallel roadways within 12 mile shall operate at no greater than 150 percent of their capacity. An express bus service is provided in the Ctty between Aventura -Mall and GDlden Glades, and a10ng Biscayne BC)lr1evatd. The Level of Service standards for roadways are based on the following definitions: · LOS A. free flow traffic operations at average travel speeds; · LOS B . stable flow with other users in traffic stream; · LOS C - uncongested with other users causing significant interactions; · LOS D - congested stable flow with major delays; · LOS E - very congested with traffic at or near capacity, and; · LOS F - extremely congested with breakdown flows. Inorder to determine the current levels of service on roadways in A ventura, level of service information was taken from the Miami Dade County MPO 2030 Long Rang Transportation Plan, which is the official transportation planning document for Miami-Dade County. It specifies all transportation projects to be planned, designed or constructed within this time horizon. It utilizes a complex modeling structure which integrates the most recent Census data and traffic information. It then distributes and projects trips, volumes and levels of service in the future. A new LRTP is developed every five years. This becomes the basis for detennining and prioritizing transportation needs. To be eligible for federal dollars, projects must first be part of this plan. Information indicates that at the time of the counts: Ives Da~y Road was operating at LOS F, William Lehman Causeway was operating at LOSB, Biscayne Boulevard was operating at LOS F, and Country Club Drive, A ventura Boulevard, Waterways Boulevard, and NE 34th Avenue, were all operating at LOS B or better. Overall, this examination determined that there is capacity remaining on the roadway network (nearly an extra travel lane's worth, or 2,000 trips). Nonetheless, based on the most recent available data, the City is not meeting its roadway Level of Service standards on Biscayne Boulevard or Ives Dairy Road. 54 - ~ - - ~ -- -.... - ---- ._~__~._.~______.__...____.""_._.,.,~._.n'._"'" _ City of A ventura 2005 Evaluation and Appraisal Report Figure 11.0.1 shows the -projected levels of service on the city's roadways during the planning period. As can be seen, it is projected that by 2030: William Lehman Causeway will be operating at LOS B; Aventura Boulevard will be at LOS D, and; Country Club Drive will be mainly at LOS E, with the links approaching the WilHam Lehman Causeway at LOS F. NE 34th A venue will be at LOS F and Waterways Boulevard will be at LOS E. Ives Dairy Road and Biscayne Boulevard will continue to operate at LOS F. Therefore, it is projected that the City will not be meeting its roadway Level of Service standards for portions of Country Club Drive, Ives Dairy Road, or Biscayne Boulevard in 2030. The City's existing transportation system is comprised of more than roadways. Mass transit service in the City is provided by the Miami-Dade Transit Authority through express and regular bus service (Figure I1.D.2i3, and by the City of Aventura through its internal shuttle bus service (Figure 11.0.3). The City of Aventura's shuttlebus service boasts an average monthly ridership of 9,000, and has had a total ridership of 457,138 since its inception in 199924. Bicycles and pedestrian paths/sidewalks are another important component of the City's transportation system. The City provides sidewalks along most major roadways, and major bicycle and pedestrian paths along Country Club Drive around the Turnberry Golf Course arrcl-aiong NE 187 Street. In-audition, there are many waterways in the City that provide opportunities for recreational boating. Although there is no water taxi service in the City at present, it might be explored as a future option for trips within the City, and between the City and other waterfront locales. 2) Miami.Dade Transit Authority, 2005 24 Cilyof Avenlura ShlltJlebus Ridership Summa/yo Ja/1/tary 199910 Presenl, City of A ventura Community Services Department, 2005 55 Legend Peak Hour Level-of-Service - LOS A - LOS B - LOS C ... LOS D ~~, LOS E .. LOS F -....... Railroad ,-- Street - Miami-Dade County ~ Broward County (:iX'] City of Aventura City of A ventura Evaluation and Appraisal Report Figure 11.D.2. MDT A Bus Routes (2005) I l I ('.., , . 1,; I I I f I .., '_ J ~ I .'t\. -...,' lill" I~%~:~' :~.... ftA. '\ ...........IIlDIS.. '. '" O' ::. .."\....;.,;.,..,./\,': :'.'".':;:'': '::"':.:\:.: <i,j Mlam1,~Oa,.e .,alt,.,. rr.~~"''''''''' I~' "'JI'~Q$.i,RI~, ...:M,tf1raUA'igll.ttmJlt . .....;~~lI1l11i11!~..\f!jl_....... . ..... ";IJ "~':;;' ~'i'\;\f. .. "\''''\>. " ..."1' . ~1-,"'. .: '<t~~\ . MIlIMtAIlII<lCa o."""~'----~"'_._JOS.lIllJlll 101 I.. lilt, ~S'lfll.""lsn:s___.i16 tllJlll 1!I1Oft1""lI\I""'.~____..~lDl~ ll'r,,*,-,"1AI1GH1ill'l\C(1Il1) 11111........._._..._-.;....._."'...;)0 SXll I~_(,~ "1""l.>oil1J._._~~S<!~ :=;:;;~===-~~:= .li\' . . -11;,~JS.lo!ti~).....,.:.....__..W.1I1l1 ." ..... 57 City of A ventura Evaluation and Appraisal Report Figure ILOJ City of A ventura Shuttlebus Routes "<i... . Blue ROllte t...... . Greon Route 1...Red Route 8.'11. Yellow Route ...-,+~,....._....~".. ....,--~-~._.~, .~--;~._-- 58 City of A ventura 2005 Evaluation and Appraisal Report b. Transportation Challenges and Opportunities A number of issues combine in A ventura to make planning for transportation a challenge. These include the City's geographic location, in the northeast quadrant of the county, near the barrier islands and ocean. This location specifically, and the region as a whole, is one of the most desirable locations in the nation. Intensification of land uses and limited capacity present issues to the transportation network. It is clear that the City's existing and future residents need better and more diverse mobility options. As noted earlier, A ventura is in a Transportation Concurrency Exception Area, (TCEA). As practiced to this date, there are essentially no checks and balances on development in regards to transportation under this system. In May 2005, the State of Florida amended Section 163.3180, F.S, to require that local governments include provisions in their Comprehensive Plan to support and fund mobility within Transportation Concurrency Exception Areas, and demonstrate how mobility will be provided in these areas. The new , legislation further requires that byJuly 2006, local governments evaluate the impact of the Transportation Concurrency Exception Area on its transportation system, the Strategic Intermodal Transportation System, and adopted level of service standards of roadways funde-d-in accordancewith-S-ectiorr 339.28-19, F~., and-;dentifystrategies to aHeviate or mitigate sllch impacts. In accordance with the new requirements, the Florida Department of Transportation (FOOT) must be consulted to assess the impact on level of service standards. The City shall coordinate with FOOT, Miami-Dade County, and other jurisdictions in the County in the development of common methodologies for measuring such impacts. If impacts are found, the local government and FOur must work together to mitigate those impacts. By December 1, 2006 a method for assessing proportionate fair- share mitigation options must be adopted, in accordance with a model ordinance that will be ,developed by FDOT on or before December I, 2005. Proof that cities participating in this -type of system are enhancing alternative modes of transportation, fostering mobility and ensuring connectivity will also be requ~ed. In addition, by 2006 the City shall maintain records to determine whether the 110% de minimus transportation impact threshold has been reached, and shall submit such documentation as part of its annual updates to the Capital Improvements Schedule, which shall be incorporated into the Comprehensive Plan by amendment. It is anticipated that this legislation will significantly change the impact of the TCEAs, as proposed development in these areas will be subject to a more stringent review of its impacts on the transportation system and levels of service. Transportation and mobility in A ventura may be best served initially by the recommended amendments to the City's land development regulations. It is recommended that at the same time, Transportation Concurrency Exception Areas should be maintained under the 2005 legislation, until such time that the City feels this level of care is inadequate. If this occurs, the City should explore the implementation of more impactful transportation management tools. In addition it is recommended that the City mitigate impacts to the 59 City of A ventura 2005 Evaluation and Appraisal Report transportation system by developing an impact fee charged to developers, which would fund alternative modes of transportation. It has been noted that there are few if any opportunities to expand the physical capacity of the roadway network in A ventura. Capacity and mobility improvements will therefore occur through alternative means. In order to more closely assure that mobility is maintained in the City as development occurs, the City should examine the implementation of impact fees to fund the operations and maintenance of the Aventura Circulator. 25 Florida Department afTransportation and Miami-Dade County Traffic Count Slations Report, May 4, 2004 26 27 Miami-Dade Transit Authority, 2005 28 Cily of Aven/ura Shuttlehus Ridership Summary, January 1999/0 Present, City of Aventura Community Services Department, 2005 60 City of A ventura 2005 Evaluation and Appraisal Report C. Transportation Funding Funding for transportation projects comes from federal, State and local sources. Most major projects are funded from federal funds distributed by the MPO. The MPO also issues several municipal grants each year. The primary source of transportation funding for cities in Miami Dade County is from the People's Transportation Plan, the half penny sales tax passed in 2002. Twenty percent of total tax dollars are distributed to the municipalities. A ventura receives approximately $800,000 per year, of which 20% or $160,000 is to be spent on transit activities. The following is a description of the transportation funding process. i. Federal The federal government collects 24.4 cents per gallon on diesel and 18.4 cents per gallon on gasoline to fund federal transportation projects. Of the amount collected, 2.86 cents goes to transit, one cent goes to cleaning up leaking tanks, and the remainder goes to roads and bridges. Federal transportation funds are currently authorized under the TEA.21 legislation. The program aettlaHy expired in -iOO3,but is operating-uflder-a~onHfluing resolution due to t-he inability of Congress to pass a new transportation authorization bill. Many of the Federal programs are available only to State transportation departments, which are in turn passed on to County's and local governments. TEA.21 funds are distributed between transit, highway, and safety projects. ii. State The State of Florida collects 10, I cents per gallon on fuel (diesel and gasollne), that the Florida Department of Transportation (FOOT) retains. Fifteen percent (15%) of that money goes to transit and the remainder goes to any legitimate State transportation need. The State also collects 4.6 cents on gasoline and 5.6 cents on diesel under the SCETS (State Comprehensive Enhanced Transportation System) tax, which must be spent in the district that it is collected. iii. Local The State also collects fuel tax money that is distributed directly back to counties and local governments. Two (2) cents are collected as the Constitutional Fuel Tax which can go only to the acquisition, construction, and maintenance of roads. The County fuel tax collects an additional one (I) cent that can be spent for any legitimate County transportation purpose, and municipalities collect another one (1) cent that can be spent on any legitimate municipal transportation purpose. Counties can elect to collect one more cent through what is referred to as the ninth-cent fuel tax, and between five (5) cents and 11 cents under the Local Option Gas Tax. The ninth cent and the local option gas tax go back to the local jurisdiction to meet local transportation needs. 61 City of Aventura 2005 Evaluation and Appraisal Report An additional source of local transportation funds comes from the Charter County Transportation System Surtax which allows transit counties to collect between .5% and 1% sales tax on gasoline to be spent on transit programs, These funds must provide for the distribution of some funds back to the municipalities. Miami-Dade County collects .5 cent sa les tax on gaso line. The only local transportation money that is not collected from gasoline taxes resulted from Miami-Dade County's November 2002 passage of a halfpenny sales tax on merchandise to develop the People's Transportation Plan. The legislation requires that 20% of the sales tax money be distributed to the municipalities for their use for transportation related expenditures. This money is redistributed to the municipalities based upon an annual population estimate, Twenty percent of the surtax proceeds are distributed to those cities existing as of November 5, 2002. Surtax proceeds are distributed among existing cities on a pro rata basis based on the ratio of a city's population to the total of all City populations, as adjlisted annually. Newly incorporated cities have the right to negotiate with the County for a pro rata share of the surtax. Cities must apply 20% of their funds to transit uses such as circulators, bus shelters, and bus pull outs. In 2003, the County collected $175 million dollars, of which $35 million was distributed to the cities for transportation. The ordinance that enacted the Y2 cent sales tax identified a number of transportation and transit projects to be funded through- the-tax,-inc1ud1ng the -Northeast Ct)rridor, -a 13-.6-mHe MetroRa1\- corricbr that will extend from downtown Miami to NE 215 Street, generally along the Biscayne Blvd.lUS I Corridor and Florida East Coast railroad right-of-way. It should be noted that current revenues that the City receives for transportation fund only capital improvements, and do not fund operation and maintenance. It is therefore recommended that the City enact impact fees and other mechanisms in order to provide for such funding, improve transportation levels of service, and expand the mobility options of existing and future residents. 62 City of A ventura 2005 Evaluation and Appraisal Report 2. Social, Economic and Environmental Impacts Section 163.3191(2)(e), F.S., requires that the potential social, economic, and environmental impacts of the identified major issues be addressed in the EAR. The social,- economic and environmental impacts of Issue I.D., "Transportation", are addressed as fo Ho ws. Although the City of A ventura has a multimodal transportation system, its existing transportation system is primarily oriented to the automobile. There are a number of persons and households, however, who do not have regular access to an automobile, and who therefore have difficulty accessing employment, recreation and other services (transportation disadvantaged). Unfortunately, the transportation disadvantaged also tend to be members of special needs groups (i.e. the elderly, the disabled) with the greatest need for services. The resulting cycle exacerbates the very factors that contributed to their disadvantages in the first place. The provision. of an increased range of mobility alternatives will therefore increase the access of transportation disadvantaged persons and households to employment and services, with associated positive economic and social benefits. The provision of an improved multi-modal transportation system will have a number of other positive economic benefits. Employers benefit by the improved access of existing and potential employees to the workplace, and businesses benefit from being more accessible to their customer base. Moreover, a good transportation system can be a key factor in attracting new employers and businesses to the area; Automobiles have a number of negative environmental impacts, including traffic congestion, air pollution, and energy consumption. The provision .of alternatives to the automobile for local and regional trips lessens these negative environmental impacts. Moreover, mobility alternatives are perhaps the most important factors in reducing urban sprawl, and fostering more efficient land use patterns and reduced land consumption. 63 City of A ventura 2005 Evaluation and Appraisal Report 3. Comprehensive Plan Impacts and Recommendations Section 163.3191 (2)(g), F.S., requires that the EAR evaluate the plan objectives within each element as they relate to the major issues and identify, where appropriate, unforeseen or unanticipated changes in circumstances which have resulted in problems or opportunities with respect to the major issues. Issue LD., "Transportation", impacts: · Objectives 3 and 80fthe Future Land Use Element, and policies thereunder, as they address strategies to ensure the availability of services and infrastructure to acconunodate new development and redevelopment and procedures to amend the Comprehensive Plan; · The Transportation Element in its entirety; · Objectives 2 and 3 of the Capital Improvements Element, and policies thereunder, as they address strategies to ensure the availability of services and infrastructure to accommodate new development and redevelopment, and; · Policy 1.6 of the Intergovernmental Coordination Element is impacted because it calls for the establishment of a coordinated regional transit system for the transportation disadvantaged. Specific recommendations to amend the Comprehensive Plan to address the issue of transportation are as follows: a. Transportation Element Recommendation II.D.1. Add a new Objective to the Transportation Element stating that by 2007, the City shall review and amend its land development regulations in order to provide a cohesive blueprint for development and redevelopment in the City to ensure that new development enhances mobility options and that redevelopment does not further degrade transportation levels of service. Recommendation 1l.D.2. Add a new Policy under Objective I stating that beginning in 2006, the City of Aventura shall annually evaluate the impact of the Transportation Concurrency Exception Area on its transportation system, the Strategic Interinodal Transportation System, and adopted level of service standards of roadways funded in accordance with Section 339.2819, F.S., and identify strategies to alleviate or mitigate such impacts. In accordance with the new requirements, the Florida Department of Transportation (FOOT) must be consulted in the evaluation of such impacts. The City shall coordinate with FDOT, Miami.Dade County, and other jurisdictions in the County in the development of common methodologies for measuring sllch impacts. If it is determined that the Transportation Concurrency Exception Area is no longer adequate, the City shall explore the implementation of more impactful transportation management tools. Recommendation II.DJ. Add a new Policy under Objective I of the Transportation Element stating that the City will continue to identify projects to support and fund mobility, enhance alternative modes of transportation, and ensure connectivity in its Capital Improvements Program in accordance with Section 163.3180, F.S. 64 . City of Aventura 2005 Evaluation and Appraisal Report Recommendation Il.D.4. Add a new Policy under Objective I stating that beginning in 2006, the City shall evaluate the impacts of proposed development and redevelopment on its transportation system, Strategic Intermodal System facilities, and the adopted level of service standards of transportation facilities that are funded in accordance with Section 339.2812, F.S., and identify strategies to alleviate or mitigate such impacts in coordination with the developer and other agencies as appropriate. In accordance with the new requirements, the Florida Department of Transportation (FOOT) must be consulted to assess the impact ofa proposed development on level of service standards. The City shall coordinate with FDOT, Miami-Dade County, and other jurisdictions in the County in the development of common methodologies for measuring such impacts. Recommendation 1I.D.5. Add a new Policy under Objective 1 stating that by 2007 the City will develop impacts fees and other methods by which developers can mitigate impacts to the transportation system by contributing funds for alternative modes of transportation, particularly the expansion, operation and maintenance of the Circulator System. Recommendation II.D.6. Add a new Policy under Objective I stating that the City shall adopt a method for assessing proportionate fair-share transportation impact mitigation options, in accordance with a model ordinance that will be developed by FDOT. Recommendation Il.D.7. Add a new Policy under ObjectIve 1 stating that the City shall maintain records to determine whether the 110% de min imus transportation impact threshold has been reached, and shall submit such documentation as part of its annual updates to the Capital Improvements Schedule, which shall be incorporated into the Comprehensive Plan by amendment. 65 1\ ~ - I 1_1- '\ '1_1- _ _ -:-J~ · · · :W"I".....'......"I"'IJIl:"~ ~ YACHT CLUB DR I n j MARINA : I U COVE I I CIRCLE IJJ :-< L Ii Nt51, 'f-lp.: I \'!Ii'- \ I I !~ I I I I I . . . . . . . . I ).. I ff " ).. I Cl: I Cl: . I.iJ · OJ I <: I Cl: I 2 I I I C( I Q I q,"" " M,<SIIC I I I I I I I I 3318.0 " ~.'=.,;~._._.~._._._._.~.~ -'. 1858T 33 60 " , BROWARD COUNTY 1'_1_1-1_1 :" DADE COUNTY :1 II , '. ,. '. ,. ,. " , ,. ,. ,. ,. ,. , ,I , ,. , ,. , ,. , ,. ,. , ,. , '. 1 ~-SITE 6: Mcdl((l1 iiJ (ClclI/CI 1 \ cJ !:? OJ 207 ST /'1 ~ / / ( /w . > \ ~ \ i~ \ \ -~ -'J Walerwovs WATERWAYS BLV.D Shoppes IVES DAIRY RD. '. '. , ,. , " , ,. , '. , :: AVENTURA \)\-\JQ '. :. Fire a D Rescue Aventuro Station Library . .. , '. . '. , '. . " , . . :1 '. , '.' , t' o '. .... ':":'.,J .....!'.:;':: , .. , S" I:..}:,:. W ......:. X :' o :' '. , '. , '.' , " , MIAMI ;' GARDENS DR. ;' Aventura Mall 192 8T 1915T ~ Loehmann's FashIOn w island ~ Ol N 188 ST Dunifoundling Bay LEGEND Maule Lake ...... .4fc?~sm'x;i;~'c .'., . /:. /. ':;j;,. ;~,'; 'j, t, . ' ': '.' ;\t\, Exhibit 2 Ol-DA-06 o > -...i ill Z <:l: W o o 192 8T. o > -J CD Z ~ LU o o Atlantic Ocean Roadways City Boundary ZIP Code Boundary Railroad Exhibit 3 01-DA-06 LA.1\1> DESCRWTION ZONNlNG B2 . GULFSJREAM PARK CITY OF A VENTUR~, MIA1'n~DADE COUNTY, FLORIDA Portion of Trac.t A, DONN ACRES, according to the plat thereof as recorded in Plat Book 76, Page 30 of the Public Records of Miami.Dade County, Florida, being morc particularly described as follows: . ~ COMMENCE at the Northeast comer of Tract B of said DONN ACRES and the Northeast comer of Section 34, Township 51 South, Range 42 East; THENCE Soutb 88001 '22" West on the North Ene of said Tracts A and B and the North line of said Section 34, a distance of 1,374.03 feet tOtl1C POINT OF BEGINNING; THENCE South 01058'49" East, a distance of 629.41 feet to the intersection with the North line of a parcel of land conveyed to the City of A ventura for highway purposes by Right-of. Way Deed recorded in Official Records Book 17973, Page 3869 of the Pub1ic Records of Miami-Dade County, Florida; THENCE on said North line of a Parcel of land conveyed to the City of A ventura the following four (4) courses and distances; 1. South 88001'22'1 West, a distance of 1078.63 feet to the beguming of a tangent curve concave to the North; 2. Westerly on the arc of saidcllrve having a radius of 614.09 feet, through a c-entral angle of 21005'30'\ an arc di~1ance of226.06 feet; 3. North 70053'08" West, a distance of 131.73 feet to the beginning of a tangent curve concave to the Northeast; 4. Northwesterly on the arc of said curve having a radius of 25.00 feet, through a central angle of 88053'36", an arc distance of 38.79 feet to a point of reverse curv-ature with a curve concave to the Northwest, said point being located on the West line of said Tract A, DONN ACRES; THENCE Northeasteri y 011 said \Vest line of Truct A and on the arc of said curve having (l radtus of 3909.83 fee.t, through a central angle of 0)046'10';, an arc distance of 530.18 feet to the Northwest corner of said Tract A and the intersection with said North ii11e of Section 34; l>r~paf\'Il By c.". L \'1\ GIORDANO AND A$$OC IA Tf5, INC 18(\0 Eller Chive. Suite 600 Fort Laudcnlalc, Flmida 33316 Seplem~r 09.2006 P:\Projec\s\200 I \0 12193 Gul fSTrC~tn Par\ fl()\!:1(bry Sur'cyo! Mj~r.<; DOlJc P()(li0nISUT\VEY\Lcgalllmr1rli()ns\Zonl\ill~ B2 A r<:~ R.evised 9-0S-2000doc Sheet I of 3 Sheets THENct NPlihM'bl'22" Ea$ldps:t\il1't&~hImeAf ~latfA?o.dsaid NOl'lh filje{) f Section3 4,adistanc~ 'of 1,290.11'feettb ..the<P0INT.OFBEGINl\TING; S aid lands! 'ling in the City of Av errtllti!,Mi<l1)1i.Dlrde County, Florida and cdritllniri g 851 j612.sqnare feet {19.550 acres).moreo'r less. NOTES: 1. Not vuljd\vldlOut thcslb11l.ltLJreand.origil1alem bossed seal of a Florida licensed 'PTofessionolSurveyor2hdMapper. 2. 1aA4S"'d~fuh~dh#~on,we~er.lol\lJj~~j:l;.JjY'~W!tiJy!JyaJ'" for. .PiVJie~$liip, easernert~, ffghtg.(i[: waybr~ i~thli:~kfiijiat lliay app~alin the Public RecoidsofMiami~Dad~CO'tlrltY.. . .,...., . . .. . . 3.. ~~;.~~~~~~~~~~~~~~~~~j~N~~~Tb~'~6::~:R~~~. with said,Noltn lirle<havInga'o;eating'pf?oUtfH8800J' '22"Wesf. . . 4. The deScription containedheJ'cin alxIihellltacbedskelch. docs not relllcsent a field Boundary Survey. . . ......cr.~ f 2 ~tro Pi'CparcdHy: CALVIN., GIORDANO .AND ASSOCIATEs, INC. 1800 Eller Drive, Suite 600 Fort LllIDetd.Jc/ PloddJ 33316 Septemh\'J" 09, 1006 1':lPro:iccts\2 00 1 \0,1 2193 GlllC,lnlum Park J>oumla.ry Survey of Ml3mjl)Jae PortionISlJRVEY\LegDJ D~~Clip1i()r.,'h~min~B2ATell V.~\'I~cd 9-0S-200(~d()~ S.h' ,,,,.~,t 2 o+' 3 'Sl'Af"t:; .....'...n,. J. ~ .t,H,,1V .. .c----'",_,.,,_ . . ,..../c-!-~.-~L . I. 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U<(I"I " '~~OI ,'0"- a;:)o,- ~a) "gOit c:>oo "l 'I- '-' v Exhibit 4 01-DA-06 APPLICANT REPRESENTATIVE AFFIDAVIT Pursuanl 10 Seclion 3i-71(b)(2)(1) of the City or Aven\ura Land Development Code, lhis Applicanl Representalive Affidavil is hereby made and submilled The undersigned authoflzed represenlalive of the individual or entity applying lor the Development Permit, which is idenl1!ied In the accompanYing application, and the owner of the property subject to the application (if different) hereby lists and idenlifles all persons representing the individual or enlily applYing for the Development Perml! in connection with the application, as follows. Name Relationship (ie Attorneys, Architects, Landscape Architects, Engineers, LobbYists, Etc) Blake Tohana CFO and Executive Vice-President Joseph G Goldstein, Esq Attorney Tracy R. Slavens, Esq. Attorney Alan S Krischer, Esq Attorney John Fullerton Architect Andrew Witkin Landscape Architect PLEASE SEE A TT ACHED FOR ADDITIONAL REPRESENTATIVE INFORMA TION NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31.71(B)(2HIV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS ~ DAY OF ..o...,~~~"T ,2006. AUTHORIZED REPRESENTATIVE OF APPLICANT Y5~~' By: By Name . ,,-- (Signature) 61o.le \ o~ CU\(, f) [Print) t:V, , cfa [Signalure) Name (Print) Title Title Address qo \ Scdl kJld Hij~ Hc.\\'J\Jlle r!O(;J~ 33cc9 \ Address: STATE OF FLORIDA COUNTY OF MIAMI-DADE Before me lhe undersigned authority personally appeared B LA\((" Tt>~frNA as the authorized r2presentative of th8 Appllcanl and/or the owner of the property subject to the application, who being first by me duly sworn, did swear 01 affirm that he/she executed this Affidavit for the purposes staled therein and that It is true and correct. y5 / V- 4TH AFFIANT SWORN TO AND SUBSCRIBED BEFORE ME this _ day of ~.t)(,.l) S J I 2006. BtUevv F~ J Notary Public State of FlqrJ~ AL La~e F" ~ t- 1 Printed Name of Notary Ij It! fTl\J l't t I. V'\N My commission expires: -1':JJ " APPLICANT REPRESENTATIVE AFFIDAVIT Additional Representative Infoffilation: Name J an Hansen Joseph Roles Chris Heggen Relationship Planner Civil Engineer Traffic Engineer BUSINESS RELATIONSHIP AFFIDAVIT This Affidavil is made pursuant to Section 31-71 (b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses \hat (mark with "x" applicable portions only) . [Xl 1 Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ] 2. Affiant hereby discloses lhat it does have a Business Relationship with a member of the City Commission or a City Advisory Board \0 which the application will be presented, as follows: (Lis! name of Commissioner or Advisory Board Member) who serves on lhe (list City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [ ] i. Member of City Commission or Board holds an ownership interesl in excess of 1 % of total assets or capital stock of Applicant or Representative; [] II Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are nollisted on any national or regional stock exchange) or join! venturer with the Applicant or Representative in any business venture; [ ] ill. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of anther professional working from the same office or for the same employer as the member of the City Commission or Board; [ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [ ] v. The Applicant or Representative is a Customer of the member of the Ci~ Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000,00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF ,2006. APPLICANT: By: (Signature) Name: (Print) Title: (Print) WITNESS MY HAND TH1S4'" DAY OF frV," d S { ,2006. PROPER;YOW~ . By .0 ~ Nam-;-ol~k 1f)~~l\h Title: \:,~r \t (to (Signature) (Print) (Print) "The terms "Business Relationship," "Client," "Cuslomer,","Applicant," "Representative" and "Interested Person" are defined in Section 2- 395 of the Aventura City Code. 11. ti- 1f.1 CIS :r WITNESS MY HAND THIS ~ DAY OF Ii ..~ ,2006 REPRESENTATIVE (Listed on Business Relationship Affidavit) By: ~, ~~'slgnature) By ( Signature) Name Blake T ohana (Print) Name (Print) Tille. CFO and Executive Vice-President (Pnnl) TIlle (Print) By ( Signature) By (Signature) Name (Print) Name (Print) Title. (Print) Tille (Pnnt) By (Signature) By (Signature) Name (Print) Name: (Prinl) Title. (Print) Title (Print) By (Signature) By Name (Prinl) (Print) Name (Signalure) (Print) Title Title: (Print) By: (Signature) (Print) By Name: Name: (Signature) (Print) Title: (Print) Title: (Print) By (Signature) By: (Signature) Name (Print) Name: (Print) Title (Print) Title: (Prinl) NOTE 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31.71 (b )(2)(iv) of the City's land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA) COUNTY OF MIAMI-DADE ) Belore me, the undersigned authority, personally appeared BLA kE 'T'ti1~~~t, who being Ilrsl by me duly sworn, did swear or affirm thai helshe execuled Ihls Mldavillor lhe pUlpases slaled therein and Ihalltls truser~ AFFIANT SWORN TO AND SUBSCRIBED before me this 4~ay 01 ~Cru~ T ,200~ jru.(W}lUt~ :l~{~~~ Pnnted Name of Nolary t. ( I It My commission expires: ~ ST A TE OF FLORIDA) COUNTY OF MIAMI-DADE Before me, the undersigned authority, personally appeared the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavll for the purposes slaled therein and lhal it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this _ day 01 ,200_ Notary Public State of Florida At Large Printed Name of Notary My commission expires STATE OF FLORIDA) COUNTY OF MIAMI-DADE Before me, the undersigned authority, personally appeared the Aftianl, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and thaI ii is true and correct AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_ Notary Public Slale of Florida AI Large Printed Name 01 Notary My commiSSion expires: # 3659123 vi BUSINESS RELATIONSHIP AFFIDAVIT This Affidavit is made pursuant to Section 31-71 (b)(2)(ii) of the Cily of Aventura Land Development Code. The undersigned Affiant hereby discloses that (mark with "x" applicable portions only) [X] 1. Affiant does not have a Business Relationship with any member of the City CommiSSion or any City AdvIsory Board to which the application will be presented. [ ] 2 Affiant hereby discloses that it does have a Business Relationship with a member of the City CommiSSion or a Clly Advisory Board to which the application will be presented, as follows. (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows [ ] i. Member of City Commission or Board holds an ownership inlerest in excess of 1 % of lotal assets or capital stock of Applicant or Representative; [ ] ii. Member of City Commission or Board is a partner, co-shareholder (as 10 shares of a corporation which are no! listed on any national or regional stock exchange) or joint venturer with the Appllcanl or Representative in any business venture; [ ] Iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of anther professional working from the same office or for the same employer as the member of the City Commission or Board; [ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [ ] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and lransacts more than $10,000.00 of the business of the member of the City CommiSSion or Board (or his or her employer) in a given calendar year; [ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS ~~AY DF~, 2006. APPLICANT: By: Name: Tille: (Signature) (Print) (Print) WITNESS MY HAND THIS DAY OF ,2006. PROPERTY OWNER: By: Name: Title (Signature) (Print) (Print) "The terms "Business Relationship," "Client," "Customer," "Applicant," "Representative" and "Interesled Person" are defined in Section 2- 395 of the Aventura City Code. WITNESS MY HAND THIS ~ DAY OF ftu(ft& t ,2006. By By (Signature) Name Joseph G. Goldstein (Print) Name. (Print) Title Attorney (Print) Title (Print) By (Signature) By (Signature) (Print) Name (Print) Title. (Print) Title (Print) By (Signature) By: (Signature) Name Alan S. Krischer (Print) Name: (Print) Title Morney (Print) Title: (Print) By t--- ~ (Signature) By (Signature) I Name Jan Hansen (Print) Name (Print) Title A I C P Consulting (Print) Title: (Print) Planner By (Signature) By: (Signature) Name (Prin!) Name: (Print) Title (print) Title (Print) By: (Signature) By: (Signature) Name (Print) Name: (Print) Title (Print) Title (Print) NOTE 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31.71 (b)(2)(iv) of the City's Land Development Regulations in the City Code, in the even! that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete NOTARIZATION PROVISION STATE OF FLORiDA) COUNTY OF MIAMI-DADE Before me, the undersigned authority, personally appeared~ the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and thaI It IS true and c\ ST A TE OF FLORIDA) COUNTY OF MIAMI-DADE ::;rd SWORN TO AND SUBSCRIBED before me thisJ_ day of ~~ "'.,. ....[(.; ". 51UBY FLEITES :~:' ,':~, MY OOMMISSION # DD413270 - -t.:XPIRES: April 16, 2009 ST A TE OF FLORIDA) COUNTY OF MIAMI.DADE Before me, the undersigned authority, personally appeared..8(M1 ~\)~e Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this AffidaVit lorlhe purposes slated Iherein and that it is tru~ AFFIANT Jfd SWORN TO AND SUBSCRIBED before me thi _ day of 8T A TE OF FLORIDA) COUNTY OF MIAMI-DADE N~YI ~,~ ytatefi ~a /~1~s . ',1,ilMf> ' Printed Name of Notary ~r,,;;wJ~~, '" '. SIUBY FLEIT~(' My commission expires fif,","J ;t~~~ '\~:~ MY COMMISSI,C'\" i~,'~,;';13270 ;I)~f EXPIRtS :,;T ;j'009 ii II ';.f, 0'r 'f'~'" Bonded Thru l'i1" .', ' ',:'" :.inderwrilers :'-''-_ Iq,pl :.,~,~'::'i<, ;;~~~7~ Before me, the undersigned authority, personally appeared ~ the Affiant, who being first by me duly sworn, did swear or affirm Ihal he/she executed this Affidavit for the'purposes slaled therein and that it is true and correct ~ Jk~ ,~ AF~ANT ~ /~I~~:';U\ T1A WILLIAMS SWORN TO AND SUBSCRIBED before me this 1!! day of i ""; <(. , 20Q" [~~~.~~~ MY COM,MISSION #, DD 194509 ~~'~'*~ EXPIRES: June 15,2007 -- "'~ 'oF r.-.'rt-" Bonded Thru NolaI)' PublIC Underwriters '1'1111 Notary Public Stale ofJlorida At La li t~ \tv'1 1J I A-m r BUSINESS RELATIONSHIP AFFIDAVIT This Affidavit is made pursuant 10 Seclion 31.71 (b)(2)(ii) of the City of Aventura Land Development Code The undersigned Affiant hereby discloses that (mark with 'x" applicable portions only) / 11< Affiant does not have a Business Relationship with any member 01 the City Commission or any City Advisory Board to which the application will be presented. [ ] 2 Affiant hereby discloses that il does have a Business Relationship with a member of the City Commission or a Cily Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (Lis! City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows' [] i. Member of City Commission or Board holds an ownership interest in excess of 1 % or total assets or capital slock of Applicant or Representative; [] ii Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not lis led on any national or regional stock exchange) or joint venturer with the Applicant or Represen!atlve In any business venture; [ ] jii. The Applicanl or Representalive is a Clienl of a member of the City Commission or Board or a Clien! 01 anther professional working from the same office or for the same employer as the member of the Cily Commission or Board; [ ] iv A Ci~ Commissioner or Board member is a Client of the Applicant or Representative; [ ] v The Applicant or Representative is a Customer 01 the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the Cily Commission or Board (or his or her employer) in a given calendar year; [] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF ,2006. APPLICANT: By Name: Title: (Signature) (Print) (Print) WITNESS MY HAND THIS DAY OF ,2006 PROPERTY OWNER By: Name: Title: (Signature) (Print) (Print) 'The terms "Business Relationship," "Client," "Customer," "Applicant," "Representative" and "Interested Person' are defined in Section 2- 395 of the Aventura City Code. WITNESS MY HAND THIS.& DAY OF ~Jie1vv~j\. ,2006, REPRE,SEN] ATIVEJ,isJed"?n ~u~~Relationship Affidavit) '>;iL;~~h>-;~,~~,;'>(;< # ' ,.-~/ Yf"Z"'; i , ,~. _Y ,?-'l/h ".~.-' , ,'J B.y:,-tt~,y ',.Ii'" /.; , ,,' '<v 'WSi9nature) By: (Signature) "~ame~J,\,,' (\"e, ~/! l~I~)Y(\ Name (Print) \.. .,' (\ V;;' 1,"\ I -+{ (:J. (Prin!) -'Tille (Prinl) Tille I 1 / \, " \_/1 By (Signature) By (Signature) Name' (Prinl) Name (Print) Title, (Print) Title (Print) By (Signature) By (Signature) Name: (Print) Name (Print) Title (Print) Tille (Prinl) By (Signature) By: (Signalure) Name (Prm!) Name: (Prinl) Title: (Print) Title: (prin\) By (Signature) By: (Signature) Name (Print) Name: (Print) Tille: (Print) Title (Print) By (Signature) By (Signature) Name: (Prinl) Name: (Print) TI(le (Print) Title: (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affianls are advised to timely supplement this Affidavit pursuant to See, 31.71(b)(2)(iv) of the City's Land Developmenl Regulations in the City Code, in the event that prior to consideralion of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOT ARIZA TION PROVISION STATE OF FLORIDA) COUNTY OF MIAMI-DADE ) .' __-. i ,'\(\ : \ \ r:; i l~t I'qu :) _' . . . BeJore me, the underSigned authority, personally appearedl.JWI\Y~'" ,e Affla1, )Yh~ be~ng'flrs\ by me duly sworn, did swear or affirm thai he/she executed this Affidavit lor the purposes stated therein and that ~Vs.. '.lr~?9?'/P r~Lfr7a~ ~:!,',(i:-' ----'" , ; If; ~/j//i-:J /1--:;' ~ .' / ''(0 i//.{[/I...,- , ~ FF1Atf SWORN TO AND SUBSCRIBED bel ore me Ini.;Vf,y~~6::i" ;' " ;;/1' ;[tit ffi Notary ~blic Slate 0 lorid ~'~. ESTHER MORAlES i.: ':i: MY COMMISSION # DD 513262 . . EXPIRES: Mard18, 2010 Bonded Thru NctBry POOIic Underwriters Printed Name of Notary My commission expires ",.--" ...--JW~'~ -;. 5T ATE OF FLORIDA) COUNTY OF MIAMI.DADE Before me, the undersigned authority, personally appeared the Affiant, who being flrsl by me duly sworn, did swear or aHirm that he/she executed lhis Affidavit for lhe purposes stated Iherein and thallI is true and correct. AFFIANT SWORN TO AND SUBSCRIBED bejore me this _ day of ,200_ Notary Public Slate of Florida At Large Printed Name 01 No!ary My commission expires: STATE OF FLORIDA) COUNTY OF MIAMI-DADE Before me, the undersigned authority, personally appeared the Affiant, who being flrsl by me duly swom, did swear or affirm thai he/she execuled this Affidavit for lhe purposes slated lherein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me (his _ day of ,200_ Notary Public Slate of FlOrida At Large Printed Name of Notary My commission expires: 8T A TE OF FLORIDA) COUNTY OF MIAMI-DADE Before me, the undersigned authority, personally appeared lhe Affiant, who being first by me duly sworn, did swear or affirm thai he/she executed this Affidavil for the purposes stated therein and thaI it is lrue and correct AFFIANT SWORN TO AND SUBSCRIBED before me lhis _ day of ,200_ Notary Public Stale of Florida At Large Printed Name of Notary My commission expires # 3659l23_vl BUSINESS RELATIONSHIP AFFIDAVIT This Affidavit is made pursuant to Section 31-71 (b )(2)(i;) of the Ci~ of Aventura land Development Code. The undersigned Affiant hereby discloses that: (mark with 'x" applicable portions only) & Affiant does not have a Business Relationship with any member of the Ci~ Commission or any City Advisory Board to which the application will be presented. I] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (Ust name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [ ] i. Member of Cj~ Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant or Representative; I ] ii. Member of Ci~ Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of anther professional working from the same office or for the same employer as the member of the City Commission or Board; [] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; I] v. The Applicant or Representative is a Customer of the member of the Ci~ Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the Ci~ Commission or Board (or his or her employer) in a given calendar year. II vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS 1): DAY OF ~.J Lt L-f" ,2006. \. It (\ APP~T; \ 1\ .! ~ /\/i\/I (, . \ II t/C'('_' Bi: \VY...-\} \\/I,o....X,./ . \. (Signature) N~e: "~.7C1' M W \~rL.C7 ..j~ (Print) Titl.' Q C~l yC,l..\ (Print) ..J Ii> & )1 Kc l [') ,ft.-J (\) ;'\1S'~ ( ,,) ~ WITNESS MY HAND THIS _ DAY OF , 2006. PROPERTY OWNER: By: Name: Title: (Signature) (Print) (Print) "The terms "Business Relationship,' 'Client,' 'Customer,' 'Applicant,' "Representative' and 'Interested Person' are defined in Section 2- 395 of the Aventura City Code, NOTARIZATION PROVISION STATE OF FLORIDA) COUNTY OF MIAMI-BAiJE " ,,~ J . I;) . a.<...-:...J '\Jc i:; b~--il ,n (,- "'~ u.:>.)- I Before me, the undersigned authority, personally appeared the Affiant![who being firsl by me duly sworn, did swear or affirm that he/she executed this Affidavit lor the purposes stated therein and that it is {rue.~d ~rrect. i " \/t ( / 11) i (', i \ 'I' Ii \ ~: i, ,[. .'\ ,{ A~,'FIAN'N '-' I r SWORN TO AND SUBSCRIBED before me this '2 day of ~,Gv....yf ,200_, ~~.Y.~~~t- XAMAIf M. KETT ~.. . MY COMMISSION' DO 188732 * * . EXPIRES: March 18, ?JJ)7 ~'I Of ","'~ BNd TIvII BudgtI MoIal'f ServilII Pilnted Name of Notary My commiSSion expires: STATE OF FLORIDA} COUNTY OF MIAMI-DADE Before me, the undersigned authority, personally appeared the Affianl, who being first by me duly sworn, did swear or affirm thaI he/she executed this Affidavit lor the purposes stated therein and thai it is true and correct AFFIANT SWORN TO AND SUBSCRIBED belore me this _ day of ,200_ Notary Public State 01 Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA) COUNTY OF MIAMI.DADE Belore me, the undersigned authority, personally appeared the Affiant, who being firsl by me duly sworn, did swear or affirm thaI he/she executed this Affidavit for the purposes stated therein and that it is true and correct, AFFIANT SWORN TO AND SUBSCRIBED before me this _ day 01 ,200_ Notary Public Stale 01 Florida At Large Printed Name of Notary My commission ex~res: 5T A TE OF FLORIDA) COUNTY OF MIAMI-DADE Before me, the undersigned authority, personally appeared the Affiant, who being firsl by me duly sworn, did swear or affirm that he/she executed this Affidav~ for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this _ day 01 ,200_. Notary Public State of FIOIida At Large Printed Name of Notary My commission expires: # 3659123_ v I BUSINESS RELATIONSHIP AFFIDAVIT This Affidavit is made pursuant to Section 31-71 (b)(2)(ii) of the City of Aventura Land Development Code, The undersigned Affiant hereby discloses that: (mark with 'x' applicable portions only) 1?41 Affiant does not have a Business Relationship with any member of the City Commission or any City AdvIsory Board to which the applicallon will be presented, [] 2, Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows' (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves) The nature of the Business Relationship IS as follows: [ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicanl or Representative: [ ] ii, Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative In any business venture; [1 iii, The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of anther professional working from the same office or for the same employer as the member of the City Commission or Board; [ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [] v. The Applicant or Represenlative is a Customer of the member of the Ci~ Commission or Board (or of his or her employer) and transacts more than $10,000,00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [ ] vi, The member of the City Commission or Board is a Customer of the Applicant or Representative and transacls more than $25,000,00 of the business of the Applicant or Represenlative in a given calendar year. WITNESS MY HAND THIS DAY OF ,2006, APPLICANT: By: Name: Title: (Signature) (Print) (Print) WITNESS MY HAND THIS _ DAY OF PROPERTY OWNER: ,2006, By: Name: Title: (Signature) (Prinl) (Print) 'The terms "Business Relationship,' 'Client,' 'Customer,' 'Applicant,' 'Representative' and "Interested Person' are defined in Section 2. 395 of the Aventura City Code, WITNESS MY HAND THIS B- DAY OF AOGu$ ~ ,2006. REPRESENT A TIVE (listed on Business Relationship Affidavit) By a. tf W ~ (Signature) By (Signature) '~'&J Name.~~~ Name (Print) Title'1ilL.~TKnO,,( aJ'~W- Tille (Prinl) By: (Signature) By' (Signature) Name: (Prinl) Name: (Prinl) Title: (Print) Title: (Print) By: (Signature) By: (Signature) Name: (Print) Name: (Print) Title: (Print) Title: (Prinl) By (Signature) By: (Signature) Name: (Print) Name: (Print) Title: (Print) Title: (Print) By (Signature) By: (Signature) Name: (Print) Name: (Print) Tille (Print) Title: (Print) By (Signature) By: (Signature) Name: (Print) (Print) Name: (Print) (Print) Title: Title: NOTE: 1) Use duplicate sheets if disclosure informabon for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31.71 (b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOT ARIZA TION PROVISJON 5T A TE OF FLORIDA) COUNTY OF MIAMI-DADE Before me, the undersigned authority, personally appeareJ11riStqter ~nl, who being first by me duly sworn, did swear or affirm that he/she execu\ed this Affidavit for the purposes stated therem and that it is true and correct. 1 A{(;~ ~ *-r SW~~N]OAND ~UBSCRIBED_~.ore me this .~ day 01 ~4 I ,""'\ flatar! PUbl' Slate 01 F.nda Nota~ Public S~eol Flonda At large !I: ~ ~reta R BC:\1stag 6/ZST1+- ,. "BOL-l6/o C1 I ~ " ~ My C0mnll~sian OD504461 . 1:0F!\o~ Expires 01115/2010 Printed Name of Notary . / / ~~..,_~ My commiSSion expires: -/!.! S / z.~ I () 5T A TE OF FLORIDA) COUNTY OF MIAMI-DADE Belore me, the undersigned authority, personally appeared the Affiant, who being first by me duly sworn, did swear or affirm thaI he/she executed this Affidavit for the purposes staled therein and thallI is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_ Notary Public Stale of Florida At Large Printed Name of Notary My commission expires STATE OF FLORIDA) COUNTY OF MIAMI-DADE Belore me, the undersigned authority, personally appeared the Affiant, who being first by me duly sworn, did swear or affirm thaI he/she executed thiS Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_ Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA) COUNTY OF MIAMI-DADE Before me, the undersigned authority, personally appeared the Affiant, who being first by me duly sworn, did swear or affirm thaI he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of J 200_. Notary Public State of Florida At Large Printed Name of Notary My commission expires: # 3659123_ vI BUSINESS RELATIONSHIP AFFIDAVIT This Affidavit is made pursuant to Section 31-71 (b)(2)(ii) of the Ci~ of A ventura Land Development Code. The unders~ned Affiant hereby discloses that: (marl< with 'x' applicable portions only) ~1 Affiant does no! hav.e a Business Relationship with any member of the Ci~ Commission or any City Advisory Board to which the ap~lcallon will be presented. [ J 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to Which the application will be presented, as tollows (List name of Commissioner or Advisory Board Member) who serves on the (Ust City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows [ ] 1. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant or Representative; [I ii, Member of Ci~ Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joiot venturer wiltllhe Applicant or Representative In any business venture; II Iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a CUenl of anther professional working from the same office or for the same employer as the member of the Ci~ Commission or Board; [I iv. A City Commissioner or Board member is a Client of the Applicant or Representative; I) v. The Ap~icant or Representative is a Customer of the member of the City Commission or Board lor of his or her employer) and transacts more than $10 I 000. 00 of the business of the member of the City Commission or Board (or his or her employer) in a given ~dar year; [ I vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF APPLICANT: ,2006, By: Name: Title: (S~nature) (Print) (Print) WITNESS MY HAND THIS _ DAY OF PROPERTY OWNER: ,2006. By: Name: nUe: (S~nature) (Print) (Print) 'The terms *Business Relationship," 'Clien~' 'Customer," "Applicant,' 'Representative" and 'Interested Person' are defined in Section 2- 395 of the Mentura City Code, WITNESS MY HAND THIS \'1 DAY OF ~2006, REPRESENTATIVE (Usted on Business Relationship Affidavit) By: r,- /1-- ~Signature) By: (Signature) Name: J9nr:::l-ew hi I~"':" (Print) Name (Print) Title: ~9r~10eJT (Print) Title: (Print) By: (Signature) By: (Signature) Name. (Prlnl) Name: (Print) Title: (Pnnt) Title: (Print) By: (Signature) By. (Signature) Name: (Pnnt) Name: (Print) Title' (Print) Title (Print) By (Signature) By (Signature) Name (Print) Name (Print) Title: (Print) Title: (Prinl) By (S~nature) By: (Signature) Name: (Print) Name: (Print) Title: (Print) Title: (Print) By (Signature) By: (Signalure) Name: (Print) Name: (Print) Title: (Print) Title: (Print) NOTE: 1) Use duplicate sheets if disclosure infonnation for Representaove varies 2) Applicants and Affiants are advised to timely sup~ementthis Affidavit pursuant to Sec, 31-71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that pnor to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION 5T A TE OF FLORIDA) COUNTY OF MIAMI.DADE Before me, lhe undersigned authority, personally appeared J9>>PteJ4! Wn:t,"he Affiant who being first by me duly sworn, did swear or affirm lhal helshe """'ed Ih. Affidavrt for Ihe porposes slaled lherein and thai it is !rue a~', A t::lE:- ~. L-> -= AFFIANT ~~o AND SUB?CRIBED before me this ~ay of i:"'~ ~~~~";,,,,^.,,(,, I ,,~~~r:;:f.u~;,,~ NERiSSA M 1"ti(~C!-I;~'-" ';" "I ',,~ ,A "" ,VI, ~".,.' ~~:", ~ "~:~ MY COMMISSIOI~ Ii DD 53i;72fi i' ,W' ~ "" r VP'P'-S i'~ .: '~~~:07~- ell 'I, It: . v:arch 2,0 2010 ,<, : "{9:;;~:',\"" 80;JdCd Thru Notary PublrcUnderwntP,r, : "':";:';-:.;:;7,;~~~~,~iGi:Y~',1:'''''(.t.~,:~~J.I''~'::;;-\~'-;'~':- ; STATE OF FLORIDA) COUNTY OF MIAMI-DADE Before me, the undersigned authority, personally appeared the Affiant, wno being firsl by me duly sworn, did swear or affirm Ihat he/she execuled this Affidavit for the purposes stated therein and thallI is true and correct AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_ Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA) COUNTY OF MIAMI-DADE Before me, the unders~ned authority, personally appeared the Affiant, who being first by me duly swom, did swear or affirm thai he/she executed this Affidavit for the purposes slated therein and that it is true and corree! AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,20L Notary Public State 01 Florida At Large Printed Name of Notary My commission ex~res: 5T A TE OF FLORIDA) COUNTY OF MIAMI.DADE Before me, the undersigned authority, personally appeared the Affianl, who being first by me duly sworn, did swear or affirm thal he/she executed this Affidavn for the purposes stated therein and that it is true and correcl AFFIANT SWORN TO AND SUBSCRIBED before me lhis _ day of ,200. Notary Public Stale of Florida Allarge Printed Name of Notary My commissioo expires # 3659123 \' 1 ORDINANCE NO. 2006- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING A DEVELOPMENT AGREEMENT PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN GULFSTREAM PARK RACING ASSOCIATION INC. AS DEVELOPER AND THE CITY OF AVENTURA ATTACHED AS EXHIBIT "A" TO THIS ORDINANCE AND RELATING TO A PARCEL OF LAND CONTAINING 19.550 ACRES OF LAND, MORE OR LESS, ZONED B2, COMMUNITY BUSINESS DISTRICT, LEGALLY DESCRIBED IN EXHIBIT "B" TO THIS ORDINANCE, LOCATED AT THE NORTHEAST CORNER OF NE 213 STREET AND BISCAYNE BOULEVARD, CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business District; and WHEREAS, the Applicant, Gulfstream Park Racing Association, Inc., through Application No. 01-DA-06, has requested approval of a Development Agreement pursuant to Chapter 163 of the Florida Statutes to provide that the applicant may develop its 19.550 acre, more or less, parcel of land located at the northeast corner of NE 213 Street and Biscayne Boulevard according to the B2 zoning district regulations in effect as of the effective date of the agreement during the term of the Development Agreement; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and Ordinance No. 2006- Page 2 WHEREAS, the City Commission has reviewed the proposed Development Agreement and has considered the comments of all interested parties at the public hearings, the intended use of the land as described in the Development Agreement and the health, safety and welfare of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals. The foregoing whereas clauses are hereby ratified and incorporated within this Ordinance. Section 2. Development Aqreement. The City Commission hereby approves the Development Agreement, a copy of which is attached as Exhibit "A" to this Ordinance, relating to lands described in Exhibit "B" to this Ordinance, and authorizes the City Manager to execute the Development Agreement on behalf of the City. The applicant shall record the Development Agreement in the Public Records of Miami- Dade County, Florida, at its sole cost and expense. Section 3. Severabilitv. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held 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. Effective Date. This Ordinance shall become effective immediately upon its adoption. Ordinance No. 2006- Page 3 The foregoing Ordinance was offered by Commissioner Weinberg, who moved its adoption on first reading. The motion was seconded by Commissioner Stern, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Bob Diamond yes Commissioner Billy Joel yes Commissioner Michael Stern yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Harry Holzberg no Mayor Susan Gottlieb 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 Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Harry Holzberg Mayor Susan Gottlieb PASSED on first reading this 3rd day of October, 2006. Ordinance No. 2006- Page 4 PASSED AND ADOPTED on second reading this 8th day of November, 2006. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICI~CY: H~~, CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this _ day of , 2006. CITY CLERK SEE DEVELOPMENT AGREEMENT SET FORTH AS EXHIBIT # 1 IN STAFF REPORT OF AGENDA ITEM L Exhibit B LAND DESCR1I1'ION ZONNINGB2 . GULFSfRiEAM PARK CITY OF A VENTlffiA, MIAMI~DADE CO'UNTY, FLORIDA 'Portion of Tract A, nONN ACRES, accordrngto tne plat thereof as recorded in Plat BooK 76, P4ge 30 of the Pubhc Records of Miami-Dade County, Florida, heing more particularlydescr:ibed as follows: , ~ COMMENCE at the Northeast corner of Tract B of said DONN ACRES and the Northeast comer of Section 341 Township 51 South, Range 42 East; THENCE South 88001 '22" \Vest on the North hne of said Tracts A and B and the North line of said Section 34, a d:istance of 1,374,03 feet to the POINT OF BEGINNING; THENCE South 01058'49" East, a distance of 629.41 feet to the intersection with the North line of a parcel of land conveyed to the City of AVehtufa for highway purposes by Right-of- Way Deed recorded in Official Records Book 17973, Page 3869 of the Public Records of Miami-Dade County, Florida; THENCE on said North line ()f a Parcel of land conveyed to the Ci ty of A ventura the following four (4) courses and dj stances; 1. South 88001 ~211 West, a distance of 1078.63 fect to the begirJ1ing of a tangent curve concave to the Nortl1; 2. Westerly on the arc of saidctltve having a radius of 614.09 feet, through a c.entral angle of 21005'3011, an arc distance of 226.06 feet; 3. North 70053108'\ West, a distance of 131.73 feet to the beginning of a tangent curve concave to the Northeast. , 4. Northwesterly on the arc of said curve having a radius of 25.00 feet, through a central angle of 88053'36", an arc distance of 38.79 feet to a point of reverse curvature with a curve concave to the Northwest, said point be.inglocated on the West llne of said Tract A, DONN ACRES; THENCE Northeasterly 011 said West line of Truct A and on the arc of said curve having a radius of 3909.83 feel, through a central angle of 0)046'10", an arc distance of 530.18 feet to the Northwest corner of said Tract A and the intersection with said No.rth line of Section 34; I'repal\'Il By CALVT;-';, GIORDANO AND A~O(:IATfS, rNc. 1 SOO Eller DtiYc, $uilC 600 F 011 Ulu(krualt, F1miu~ 333 16 Seplembtr 09.2006 P:\Pi'Oj,'Cls\)OO 1\0 12193 (,lIlf511~UI11 Par\ !l\\\!'1,b~y S\lr/cyol Misnli DOld.: POllion\S Uf,'v'fTY\Lcgal Dmriptions\7.onnin Ii.... Ii2 A rc~ Revised 9-08-2006 doc Sheet 1 of 3 Sheets .. . TflENct N'ril1h$ $tOI',22"e~SI bns:iit\N&itllliJiefll tracI A Rilds~i(\ Northhjj~o I S eellolJ j 4.~di~tane~o f 1.29ll J+ fedf6tlie''t'~lNT0jiB.EGll\1NlNG; Said JamlS I.Ylllgintfu:Clty 01 Averfurril,Miil1\1fl)ade County, FloriA, and contain]n g 851;612sqIlarefeet{19,550 acres)Jrloreodess, . NOTES: 1. Not \'~!idw;thPuJ: jhe~i&~li!t))le<i1l4origiilill elll bossed seal of a Florida Ii ceused Pr6f~ssi9n~lSUryeyorartdMapper. 2. Lallqs4~rik!<d#~\~~ w~le#~i~~~~I!~ibY1JJ~$\lp;~YP1,fo[ 'oW1iel$1tiR; easementS, lightif~j:"\>ayo(ljllilir. f~tI,tl~b\ls(lial !n;ly appear in iliePublic RccoidsofN1iarrii-[)jdeCo.nnIy, .. , . . . . . . -. . .... .'. ,"" -, . . ,", ". - .... . 3"~:~~:~\r~til~~~f~t~~*r5:~~~~~~:';~6:i:~~: . . . 4. The deScnpfioncont\liiJedheiein and ihe ,allachedsKettn, does not represent a field ~oulldarySUrvey. ". ". 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