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11-08-2006 City Commission Susan Gottlieb, Mayor A ~e City of 1\.Ventura Q City MIl11p Eric M. Soroka, ICMA.CM Zev Auerbach Bob Diamond Billy Joel Harry Holzberg Michael Stern Luz Urbaez Weinberg City Oerk Teresa M. Soroka, MMC City Attomer Weiss Serota Helfman Pastoriza Cole & Boniske AGENDA NOVEMBER 8, 2006 ~6PJLI1A-. Government Center 19200 West Country Club Drive A ventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. SPECIAL PRESENTATIONS: . Employee Service Awards/Certificates of Appreciation 5. CONSENT AGENDA: Matters included under the Consent Agenda are self.explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. A. APPROVAL OF MINUTES: October 3, 2006 Commission Meeting October 26, 2006 Workshop Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-080 FOR PROFESSIONAL DESIGN SERVICES FOR THE NE 29TH AVENUE STREET LIGHTING IMPROVEMENTS PROJECT BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA ESTABLISHING THE CITY'S DEPARTMENT DIRECTOR HEALTH INSURANCE RETIREMENT PROGRAM; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY NowIiJI,.c-m-n.... OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR EFFECTIVE DATE. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND APPLY FOR THE FEDERAL DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM GRANT AVAILABLE THROUGH THE MIAMI-DADE COUNTY DEPARTMENT OF HUMAN SERVICES; TO APPLY FOR, RECEIVE, AND EXPEND $5,781 IN FEDERAL FUNDS FOR EXPANSION OF THE SCHOOL RESOURCE OFFICER PROJECT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. F. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA; AMENDING THE CITY CODE BY AMENDING CHAPTER 2 "ADMINISTRATION" BY AMENDING DIVISION 3 "PURCHASING" BY AMENDING SECTION 2-252 "PURCHASING GUIDELINES", SECTION 2-253 "EXEMPTIONS FROM COMPETITIVE FORMAL BIDDING", SECTION 2-256 "AWARD OF PROFESSIONAL SERVICES CONTRACTS"; PROVIDING FOR ENHANCED PURCHASING AUTHORITY, REVISIONS TO EXEMPTIONS FROM COMPETITIVE BIDDING, CLARIFICATION AND UPDATE OF EXISTING PROVISIONS; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Connnission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items, please infonn the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses, but the public may request the Connnission to ask questions of staff or witnesses on their behalf. 2 NowIiJI,.~..-. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT A USE THAT MEASURES 16 STORIES AND 180 FEET HIGH IN THE B2, COMMUNITY BUSINESS DISTRICT, WHERE USES THAT EXCEED THE HEIGHT LIMITATION OF 12 STORIES AND 120 FEET MAY BE PERMITTED BY CODE IN THE B2, COMMUNITY BUSINESS DISTRICT AS A CONDITIONAL USE; TO PERMIT AN INDOOR COMMERCIAL RECREATION USE CONSISTING OF A BOWLING ALLEY IN THE B2, COMMUNITY BUSINESS DISTRICT, WHERE INDOOR COMMERCIAL RECREATION USES INCLUDING A BOWLING ALLEY MAY BE PERMITTED BY CODE IN THE B2, COMMUNITY BUSINESS DISTRICT AS A CONDITIONAL USE, AND TO GRANT AN EXTENDED TIME LIMIT FROM THE DATE OF SITE PLAN APPROVAL IN WHICH TO OBTAIN A BUILDING PERMIT, WHERE THE CODE PROVIDES THAT THE TIME FOR OBTAINING A BUILDING PERMIT IS 12 MONTHS FROM THE DATE OF THE APPROVING RESOLUTION UNLESS OTHERWISE PROVIDED IN THE APPROVAL, FOR A PARCEL OF LAND LOCATED ON THE SOUTH SIDE OF NE 207 STREET BETWEEN NE 29 AVENUE AND NE 30 AVENUE, CITY OF A VENTURA, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" TO THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA GRANTING CONDITIONAL USE APPROV AL TO PERMIT A DRIVE-THROUGH BANK FACILITY AT PROPERTY AT THE NORTHWEST CORNER OF NE 207 STREET AND NE 30 AVENUE, CITY OF A VENTURA LOCATED IN THE OP, OFFICE PARK DISTRICT, WHERE DRIVE-THROUGH BANK FACILITIES ARE PERMITTED BY CODE IN THE OP, OFFICE PARK DISTRICT AS A CONDITIONAL USE; PROVIDING FOR AN EFFECTIVE DATE. 7. ORDINANCES: FIRST READING/PUBLIC INPUT: None. 8. ORDINANCES: SECOND READING: PUBLIC HEARING: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA APPROVING A DEVELOPMENT 3 NowIiJI'2O o.r.nIa.... 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 A VENTURA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 9. RESOLUTIONS - PUBLIC HEARING: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ADOPTING THE ATTACHED WATERWAYS PARK DOG PARK AND VETERANS PARK RECONFIGURATION PLAN FOR INCLUSION AND FUNDING IN THE CITY'S CAPITAL IMPROVEMENT PROGRAM DOCUMENT 2007/08 - 2011/12; ESTABLISHING AN ESTIMATED BUDGET AT $661,000; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR EFFECTIVE DATE. 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None. 13. ADJOURNMENT SCHEDULE OF FUTURE MEETINGSIEVENTS COMMISSION SPECIAL MEETING NOVEMBER 16, 2006 9 A.M. COMMISSION WORKSHOP MEETING NOVEMBER 16, 2006 following 9 a.m. mtg This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more mernbers of the City of Aventura Advisory Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club Drive, A ventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466- 8901. 4 !/ A~(}y d t\ventUra I. MINUTES CITY COMMISSION MEETING OCTOBER 3, 2006 Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at 6:02 p.m. 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. 2. PLEDGE OF ALLEGIANCE: Led by Dr. Lipton. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: A motion was offered by Commissioner Diamond, seconded by Commissioner Joel and unanimously passed to address item 10A following item 6. A motion was offered by Commissioner Joel, seconded by Commissioner Auerbach and unanimously passed to address items 9A, 9B and 10B prior to items 7 and 8. 4. ELECTION OF VICE MAYOR: After motion made by Commissioner Joel, seconded by Commissioner Diamond and unanimously passed, Commissioner Holzberg was elected Vice Mayor for the next six-month period. 5. SPECIAL PRESENTATIONS: A Certificate of Service was presented by Mr. Soroka to ten-year employee Deputy Police Chief Steven Steinberg. Mayor Gottlieb and Commissioner Weinberg presented Certificates of Appreciation to members of the Traffic Advisory Board on behalf of the Commission. 6. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Commissioner Joel, seconded by Commissioner Weinberg, unanimously passed and the following action was taken: A. The following minutes were approved: September 6, 2006 Budget Hearing September 12, 2006 Commission Meeting September 20,2006 Workshop Meeting September 21,2006 Budget Hearing B. Resolution No. 2006.58 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ADOPTING THE TRAFFIC STUDY RECOMMENDATIONS FOR IMPLEMENTATION AS OUTLINED HEREIN AND PREPARED BY THE CITY'S TRAFFIC CONSULTANT WITH INPUT FROM THE TRAFFIC ADVISORY BOARD; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. C. Resolution No. 2006.59 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE REAPPOINTMENT BY THE COMMISSION OF A MEMBER TO THE BOARD OF TRUSTEES OF THE POLICE OFFICERS' RETIREMENT PLAN; AND PROVIDING AN EFFECTIVE DATE. D. Resolution No. 2006-60 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 10. RESOLUTIONS - PUBLIC HEARING: A. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ADOPTING THE ATTACHED VETERANS PARK RECONFIGURATION PLAN FOR INCLUSION AND FUNDING IN THE CITY'S CAPITAL IMPROVEMENT PROGRAM DOCUMENT 2007/08 - 2011/12; ESTABLISHING AN ESTIMATED BUDGET AT $215,000; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Mr. Soroka explained a new proposal that would relocate the current dog portion of Veterans Park which is .6 acres to the larger existing Waterways Park which is 1.49 acres and add parking at new site; reconfigure Veterans Park to children's park only and add bathroom facilities which would be open only while a park attendant is on duty; relocate the basketball court from existing Waterways Park to new Waterways Park or Founders Park. A motion to table this item to the November 8, 2006 meeting and consider the new proposal at that time was offered by Commissioner Joel, seconded by Vice Mayor Holzberg and unanimously passed. 2 9. ORDINANCES: SECOND READING/PUBLIC HEARING: Mr. Wolpin read the titles to items 9A, 9B and 1 DB. He advised that those items would be heard as one public hearing. He noted that the quasi-judicial procedures would be invoked for item 9 B. 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 item 9B 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. 10. B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ABANDONING THAT PORTION OF NE 206 STREET BETWEEN BLOCKS 17 AND 18 ON THE PLAT OF HALLANDALE PARK NO.8, THE 10 FOOT WIDE ALLEYWAYS IN BLOCK 18 AND A PORTION OF THE 10 FOOT WIDE ALLEY ADJACENT TO LOTS 1 & 42 IN BLOCK 17 ON THE PLAT OF HALLANDALE PARK NO.8 AND THAT PORTION OF NE 207 STREET LYING NORTH OF BLOCK 18 ON THE PLAT OF HALLANDALE PARK NO.8 AND LYING 81 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF WATERWAYS BOULEVARD ON THE PLAT OF AVENTURA CORPORATE CENTER; PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE. A motion for approval of item 9A was offered by Vice Mayor Holzberg and seconded by Commissioner Auerbach. 3 A motion for approval of item 9B was offered by Commissioner Weinberg, and seconded by Commissioner Stern. A motion for approval of item 108 was offered by Commissioner Joel, and seconded by Vice Mayor Holzberg. Planning Director Joanne Carr addressed the Commission and entered the staff report into the record. Mayor Gottlieb opened the public hearing. The following individuals addressed the Commission: Stanley Price, Esq., and Ann Kotter, Esq., Bilzin Sumberg, representing the applicant. Jerry Fox, 20281 Country Club Drive; Dr. George Lipton, 2600 Island Boulevard; Leslie Rosenbloom, Villa Dorado. There being no further speakers, the public hearing was closed. The motion for approval of item 9A passed unanimously by roll call vote and Ordinance No. 2006-14 was enacted. The motion for approval of item 9B passed unanimously by roll call vote and Ordinance No. 2006-15 was enacted. The motion for approval of item 10B passed unanimously and Resolution No. 2006-61 was adopted. 7. ZONING HEARINGS: Mr. Wolpin noted that the quasi-judicial procedures would be invoked for item 7. 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. Mr. Wolpin further noted that as item 8 relates to this matter, it would be addressed at the same public hearing. In the event that item 8 is approved, second reading would be on November 8,2006 at 6 p.m. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT MULTIFAMILY RESIDENTIAL USES WITH A MAXIMUM OF 35 DWELLING UNITS PER ACRE ON A 13.715 ACRE PARCEL OF LAND IN THE MO, MEDICAL OFFICE DISTRICT, WHERE MULTIFAMILY RESIDENTIAL USES WITH A MAXIMUM DENSITY OF 35 DWELLING UNITS PER ACRE AND WITH A MINIMUM LOT AREA OF TWO ACRES MAY BE PERMITTED BY CODE IN THE MO, MEDICAL OFFICE DISTRICT, AS A CONDITIONAL USES; AND TO PERMIT A USE THAT MEASURES 25 STORIES AND 259 FEET HIGH IN THE MO, MEDICAL OFFICE DISTRICT, WHERE USES THAT EXCEED THE HEIGHT LIMITATION OF 10 STORIES AND 100 FEET MAY BE PERMITTED BY CODE IN THE MO, MEDICAL OFFICE 4 DISTRICT AS A CONDITIONAL USE; AND TO GRANT A FIVE (5) YEAR TIME LIMIT FROM THE DATE OF THIS RESOLUTION IN WHICH TO OBTAIN A BUILDING PERMIT, WHERE THE CODE PROVIDES THAT THE TIME FOR OBTAINING A BUILDING PERMIT IS 12 MONTHS FROM THE DATE OF THE APPROVING RESOLUTION UNLESS OTHERWISE PROVIDED IN THE APPROVAL, ALL FOR A PARCEL OF LAND LOCATED ON THE NORTH SIDE OF NE 213 STREET BETWEEN BISCAYNE BOULEVARD AND NE 34 AVENUE, CITY OF AVENTURA, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" TO THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. 8. 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. A motion for approval of item 7 was offered by Commissioner Joel and seconded by Commissioner Auerbach. A motion for approval of item 8 was offered by Commissioner Weinberg, and seconded by Commissioner Stern. Mayor Gottlieb opened the public hearing. Ms. Carr addressed the Commission and entered the staff report into the record. The following individuals addressed the Commission: Joseph Goldstein, Esq. 701 Brickell Avenue, John Fullerton, Architect, 366 Altiera Avenue, Coral Gables, Andrew Witkin, Landscape Architect, The Point, Chris Hagan, Kimley Horn, Traffic Engineer, representing the applicant; Stuart Wagner, 21150 Point Place; Ivy Ginsburg, 3610 Yacht Club Drive; Jonathan Evans, 7000 Island Boulevard; Laurie Allen, 1000 Building, Williams Island; Frank Hilleman, Director of Development Services, City of Hallandale Beach. There being no further speakers, the public hearing was closed. 5 The motion for approval of item 7 passed 6-1 with Vice Mayor Holzberg voting no, and Resolution No. 2006-62 was adopted. The motion for approval of item 8 passed 6-1 with Vice Mayor Holzberg voting no. 11. REPORTS: As presented. 12. PUBLIC COMMENTS: 13. OTHER BUSINESS: None. 14. ADJOURNMENT: There being no further business to come before the Commission at this time, atter motion made, seconded and unanimously passed, the meeting adjourned at 8 p.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 6 The City of Aventura t:1\ .. '..,,/ MINUTES COMMISSION WORKSHOP MEETING OCTOBER 26, 2006 9 AM Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 CALL TO ORDER/ROLL CALL: The meeting was called to order at 9:00 a.m. Present were Commissioners lev Auerbach, Bob Diamond, Billy Joel, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Harry Holzberg, 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. 1. PARK RECONFIGURAITON PLANS (Citv ManaQ~ As discussed at the October Commission meeting, Mr. Soroka presented cost estimates for Waterways Dog Park and modifications to Veterans Park. CITY MANAGER SUMMARY: Consensus to approve and proceed with enabling resolution at November Commission meeting. 2. RECOMMENDATION TO INCREASE PURCHASING AMOUNT FOR COMPETITIVE BIDS (City Mana~ Mr. Soroka presented recommendation to the Commission to increase the purchasing level required for competitive bids from $15,000 to $50,000 to expedite important projects on behalf of residents of the City. CITY MANAGER SUMMARY: Consensus to approve and proceed with enabling legislation at November Commission meeting. 3. A VENTURA SUNNY ISLES BEACH CHAMBER OF COMMERCE: Directors of this organization addressed the Commission to introduce themselves, give a brief update of their mission and request cooperation from the Commission in working toward common goals. CITY MANAGER SUMMARY: No action necessary. 4. LDR AMENDMENT TO CLARIFY STACKING REQUIREMENTS FOR GA TEHOUSES AND CONTROLLED ENTRIES (City Mana~ Planning Director Joanne Carr addressed the Commission and requested revision of City Code regulating vehicle stacking spaces for gatehouses and controlled entries. CITY MANAGER SUMMARY: Consensus to proceed with enabling legislation. 5. RETIREMENT HEALTH INSURANCE PROGRAM FOR DEPARTMENT DIRECTOR POSITIONS (City Mana~Mr. Soroka recommended establishing a Department Director Health Insurance Retirement Program to reward long-term employees and provide incentive for recruitment in the future. The program would provide department directors who retire after the age of 55 and have served the City for ten years or more in a department director position employee health insurance benefits until the age of 65. CITY MANAGER SUMMARY: Consensus to proceed with enabling legislation at November Commission meeting. Consensus of Commission to change January 2007 Commission meeting to January 9,2007. 6. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 9:45 a.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 2 CITY OF AVENTURA CITY MANAGER'S OFFICE MEMORANDUM BY: TO: FROM: DATE: October 25,2006 SUBJECT: Recommendation - Work Authorization No. 01-0103-080 Professional Design Services for NE 29th Avenue Street Lighting Improvements November 8, 2006 City Commission Meeting Agenda Item ~ Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Work Authorization No. 01-0103-080 to Craven Thompson and Associates, Inc. for Professional Design Services for street lighting improvements to NE 29th Avenue from NE 203rd Street to Aventura Boulevard for an amount of $23,600. This project is included in the Capital Improvements Program for the 2006/07 fiscal year. Background The project is to be designed in accordance with the City's Capital Improvement Program approved by the City Commission. In particular, design plans will provide electrical engineering design for placement of decorative streetlights on both sides of NE 29th Avenue. The cost includes services pertaining to design, bidding, and construction services. The proposed budget is $165,000. The current engineer's estimate is $138,100. If you have any questions or need any additional information, please feel free to contact me. RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-080 FOR PROFESSIONAL DESIGN SERVICES FOR THE NE 29TH AVENUE STREET LIGHTING IMPROVEMENTS PROJECT BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That the City Manager is hereby authorized to execute the attached Work Authorization No. 01-0103-080 ($23,600.00) for professional design services by and between the City and Craven Thompson and Associates, Inc. Section 2. That the City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. , who , and The foregoing Resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Harry Holzberg Mayor Susan Gottlieb Resolution No. Page 2 PASSED AND ADOPTED this 8th day of November, 2006. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: f\ )vIYh1 CITY ATTORNEY WORK AUTHORIZATION NO. 01-0103-080 The City of Aventura has requested Work Authorization No. 01-0103-080 as provided for in the Agreement between the City of A ventura and Craven Thompson and Associates, Inc. and approved by the City Commission on July 3, 2001. This Work Authorization No 01-0103-080 provides for technical services in accordance with Articles 3, 4, 6, 7 and 8 of the Agreement as further detailed in the scope of services in Exhibit A. Payment for such services shall be in accordance with Article 5 of the Agreement. Desif!n Phase Prepare Design Survey..... ..................... ................... .................... .......................... $7,250.00 Prepare Design Drawings....................................................................................... $5,300.00 Project Management............................................................................................... $2,800.00 Total Design P base .................................. ...... ....... ....... .......... ....... .................. ..... 15,3 50.00 Biddinf! Phase Prepare Bid Documents ....................................................... ................... ................ $1,500.00 Attend Pre-bid MeetinglRespond to RFI's ................................................................ $500.00 Total Design P base .. ...... ......... ... ... ........ ..... ..... ... ................. ..... ..... ... .......... .... .... .... 2,000.00 Construction Phase Shop Drawing Review/Site VisitsIFinal Inspection ............................................... $2,200.00 Construction Administration......... ......................................................................... $2,500.00 Final certification/Project Close-out.......................................................................... $500.00 Total Co nstru cti on Phase................ .... .......... t" ......... .......... ........... .... In............... $5,200.00 Reimbursable Expenses Printing, Graphics, Communications........................................................................ $500.00 Couriers, Express Mail, Etc....................................................................................... $250.00 Total Reim bursable Expenses ................................................................................ $750.00 Total Estimated Labor Expenses are .................................................................... $22,850.00 Total Estimated Reimbursable Expenses are............................................................. $750.00 The time period for this Work Authorization will be: Design Phase ..............................................................90 Days Construction Services Phase (estimate )....................120 Days BY BY City Clerk City Manager Teresa M. Soroka, MMC Eric M. Soroka, ICMA-CM day of , 2006 APPROVED AS TO FORM BY Notice to Proceed Yes No City Attorney Weiss Serota & Helfman, P.A. Project Initiation Date RECOMMENDED through its Capital Projects Manager BY ~tJ~ Capital Projects Manager Antonio F. Tomei 2S- dayof~, 2006 EXHIBIT "A" Consultant shall prepare design drawings and specifications for the installation of street lighting along NE 29th Place between Aventura Boulevard and NE 203rd Street. Electrical engineering design services will be provided by our subconsultant, Hillers Electrical Engineering, Inc. Consultant will more specifically perform the following: · Prepare Design Survey to include the following: o Establish horizontal control and baseline of survey. This will be accomplished through conventional field traversing based on existing control in the adjacent streets and properties. Baseline control points will be set in order to obtain locations, cross sections and topography sufficient to prepare 1 "=30' scale maps. The baseline will extend along the route as noted above. Baseline survey points will be set at 500 foot stations, at all changes in direction, and at street intersections. Reference points will be set for ease of baseline replacement during construction. o Recover and establish vertical control points (benchmarks). Datum will be in National Geodetic Vertical Datum (NGVD) of 1929. Benchmarks will be set at the 500-foot stations noted above. o Calculate plats and rights-of-way for base map. CTA will calculate the rights-of-way, lot lines, and platted easements. These calculations and line work will be used as a base for all future mapping efforts. o Locate right-of-way and/or property comers and calculate "best fit" location of platted lands and rights-of-way. This office will field locate all existing right-of-way monumentation and property comers along the design route and determine the best location or adjustment of the rights-of-way and property parcels. o Obtain location and topography within the limits of the proiect. We will locate visible fixed improvements (excluding trees) and topography in order to indicate sufficient detail for preparation of the 1 "=30' scale design survey. This data will include up to 10 feet outside of the right-of-way at all driveways and street intersections. o Utility Locations. This task will consist of locating the visible utilities along the route. Underground location will not be performed. o Obtain elevations of rims of existing storm and sanitary sewer systems. We will locate and obtain elevations of existing rims. o Pavement Markings. We will obtain locations of exiting pavement markings. o Prepare design survey base map in AutoCAD format of all information noted above. This task will include all survey-based data collected through the tasks as noted above. The software used will be Land Development Desktop by AutoDesk. Symbols will be used for most locations and enhanced, where needed, with labels to indicate features. The deliverables will be electronic files of the base data in plan view. The base map will be in one overall electronic file and a CD provided of the file. . Provide Design, Bidding and Construction Services to include the following: o Design shall be based on utilizing the City approved luminarie/pole. The lighting design lighting levels shall be per the City's Code. o The electrical system design shall be based on the City electrical codes and the NEe. o Provide electrical calculations and lighting calculations that include point-by- point lighting calculations for the road right-of-way only. o Does not include any type of pathway or parking lot lighting systems. o Design and coordination meetings with FPL and City. o Design electrical service points, luminarie/bollard installations, circuits and conduit systems for roadway lighting. Includes installation details and plan layouts. o Consultant shall provide electrical & lighting design to the City in AutoCAD 2004. o Consultant shall provide City with specifications and full size plans for each electrical/lighting submittal 90%, 100 % review and 100% bid set. o Prepare bid documents and assist City in bidding the work. o Provide Building Permit sets and assist Contractor and City in obtaining a Building Permit. o Miscellaneous coordination with agencies, franchise utilities, and/or City. o Construction services include shop drawing review & approvals, RFI- Responses, periodic site visits during construction and final inspection. o 0 n '""l ::s 0 g N ~ "i \0 .... O'"g.f/l ~~O'" ::s _ ~ 0. ~ ~ ....0 0. ::s (D f/l 0'" 0 .... (p ::s 0....."0 ~ ~ - <: (D ~ ~ (p D. ~ ::s ::s . ~; N(P 000 w.... .... ::s ::rOO ~ cr ::s ~ o.x >.... < ~ (D (D ::s f/l .... 0 ~ ::s ~ .... t:1j::r _(D <"0 P-o - ~~ 0.0 "0 ::s -0'" ~ 0 o .... .... ::r ::s 00 ~. 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(P ~ 0 0. _ C .... == ~ .... ~ ==~::s 0. ::s ~ 8"5.'E. ~ S (D x ~ ~ F (D ~ ~~O\ O\~ ~o~\O 0000 000 tI1 ::s~tI1tI1 1tS. 00 > > ::s (P ~~~~ tI1 ~ ~NON ......... .... .... 30000 ~ooo ....000 (Pooo 000 tI1~~~ >'Tl'Tl'Tl ~~~~ 0\ Vl w~ OWVlVl 00000 0000 ~~~~ ~~~~ ~ W ~~ ooNO~ \I \,I ... \I ~oooo 0000 0000 0000 0000 NW~ O\NooW .., " ... \I VlooVlVl 0000 0000 0000 0000 1-1 .... (D 3 Z o o (D f/l o ~. .... .... o ::s ~ . t!j . o>~n n -< .... .. ..... ~ :r."" ~ = '< O"....~~ ~=:-.., "'l ~ 00 > ~" ....-< u. _ "'l ~ " ....J ~ ~5'aa IJ ~ :3. ~ ~ C 0'1 Q. .. ~ ~ ~lJC ::s :r .... .... ..... .. ~ J: e 2. .... e 2. .... n o f/l .... ~ o .... ~ - n o f/l .... ~ = = 0" - ~ ~ .. ~ .... = "'l ~ = = ~ = - ~ ~ = fI} .... ~ - - ~ Q. .. = ~ ~ Q. .. ~ = ""'" 00 -0 ~ n ~ Q. ~ ~ Q . > -0 ~ :l >00..1 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission DATE: October 26, 2006 FROM: Eric M. Soroka, ICMA-CM, City SUBJECT: Proposal to Establish Department Director Health Insurance Retirement Program November 8, 2006 Commission Meeting Agenda Item S c., RECOMMENDATION It is recommended that the City adopt the attached Resolution establishing a Department Director Health Insurance Retirement Program in order to reward long-term employees and provide an incentive to recruit positions in the future. BACKGROUND Many cities have established senior management defined benefit retirement programs and health insurance retirement benefits for department directors. At this time, the City only offers a 401 defined contribution pension program for department directors. With the retirement of our Police Chief and the possibility of others in the near future, I feel it is time to reward these loyal, dedicated employees by establishing the recommended program. The program will provide those department directors who retire after the age of 55 and have served the City for ten years or more, employee health insurance benefits until the age of 65. The program would have little impact on the budget based on the fact that a replacement department director would earn less than his predecessor. This program will also assist the City in recruiting new department directors and rewarding longevity in the future. EMS/act ceo 1531-063 RESOLUTION NO. 2006. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA ESTABLISHING THE CITY'S DEPARTMENT DIRECTOR HEALTH INSURANCE RETIREMENT PROGRAM; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Commission finds it in the best interests of the City to establish a Health Insurance Retirement Program for Department Directors who have served the City as Department Director on a long-term basis. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS: Section 1. The City Commission hereby establishes the Health Insurance Retirement Program for Department Directors as follows: An eligible employee shall be defined as one who served ten years or more in a full-time Department Director position with the City of A ventura. When an eligible employee retires from the City of A ventura in good standing (resignation) after the age of fifty-five (55), the City shall continue to provide at its expense employee health insurance benefits, in accordance with the City's Health Insurance Program, until the employee reaches the age of sixty-five (65). An eligible employee may elect to pay the cost of obtaining any additional family health insurance coverage. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. That this Resolution shall become effective immediately upon adoption hereof. The foregoing Resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner upon being put to a vote, the vote was as follows: , who , and Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Harry Holzberg Mayor Susan Gottlieb Resolution No. 2006- Page 2 PASSED AND ADOPTED this 8th day of November, 2006. Attest: Teresa M. Soroka, MMC City Clerk Susan Gottlieb, Mayor Approved as to Form and Legal Sufficiency: /1 City Attorney 2 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM DATE: TO: FROM: SUBJECT: Resolution Authorizing Execution of Federal Drug Control and System Improvement Program Grant to Fund School Resource Officer Programs November 8, 2006 City Commission Meeting Agenda Item ~ RECOMMENDATION It is recommended that the City Commission authorize the execution of the Federal Drug Control and System Improvement Program Grant document to fund the School Resource Officer programs at the Charter School. BACKGROUND The City has applied for and received a grant in the amount of $5,781 to fund various crime prevention program designed to educate the students and parents of the school. The grant provides $4,336 and the City is obligated to provide a match of $1 ,445. If you have any questions, please feel free to contact me. EMS/act Attachment CC01535-06 RESOLUTION NO. 2006-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND APPLY FOR THE FEDERAL DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM GRANT AVAILABLE THROUGH THE MIAMI-DADE COUNTY DEPARTMENT OF HUMAN SERVICES; TO APPLY FOR, RECEIVE, AND EXPEND $5,781 IN FEDERAL FUNDS FOR EXPANSION OF THE SCHOOL RESOURCE OFFICER PROJECT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Aventura desires to accomplish the purpose outlined in the contract attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is authorized to apply for funds in the approximate amount of $5,781 and execute such contracts and agreements as are required between Miami-Dade County and the City of Aventura to provide for expansion of services provided by the Community Drug & Crime Prevention School Resource Officer Program in substantially the form as attached hereto. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner adoption. The motion was seconded by Commissioner to a vote, the vote was as follows: , who moved its , and upon being put Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Harry Holzberg Mayor Susan Gottlieb Resolution No. 2006- Page 2 PASSED AND ADOPTED this 8th day of November, 2006. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: N~~ CITY ATTORNEY MIAMI-DADE COUNTY DEPARTMENT OF ,HUMAN SERVICES . ., CONTRACT This Contract, made this day of 200_, by and between Miami-Dade County, a political subdivision of the State of Florida (hereinafter referred to as "County") through its Department of Human Services (hereinafter referred to as "Department"), located at 2525 N.W. 6td Street. Suite 4228 Miami. FL 33147, and the CITY OF A VENTURA located in Miami-Dade County, Florida (hereinafter referred to as "Provider"), provides the terms and conditions pursuant to which the Provider shall provide a School Resource Officer Project. WHEREAS, the County has been awarded federal funds from the Drug Control and System Improvement Formula Grant Program under Public Law 100-690, the Federal Anti-Drug Abuse Act of 1988, hereinafter referred to as the ACT; and WHEREAS, the Provider warrants and represents that it possesses the legal authority to enter into this Agreement by way of resolution, motion or similar action that has been duly adopted or passed as an official act of the Provider's governing body, authorizing the execution of the Contract, including all understandings and assurances contained herein, and authorizing the person identified as the official representative of the Provider to carry out on behalf of the Provider all of the duties and responsibilities set forth in this Contract; and WHEREAS, this Contract shall be deemed effective upon award of grant funds by the State of Florida Department of Law Enforcement, Office of Criminal Justice Grants to Miami-Dade County or when this Contract has been duly executed by both parties, whichever is later; and WHEREAS, the County is desirous of supporting an expansion of the services provided by the School Resource Officer Project by providing a portion of the federal funds awarded to Miami-Dade County to the School Resource Officer Project; and WHEREAS, the County as contractor/grantee for the State of Florida is authorized to purchase said services for the School Resource Officer Project as an allowable activity under the ACT; and WHEREAS, the County requires the above-mentioned services from the Provider in order to fulfill its' contractual obligations under the aforementioned grant, NOW, THEREFORE, for and in consideration of the mutual covenants recorded herein, the parties hereto agree as follows: I. AMOUNT PAYABLE Subject to available funds, the maximum amount payable for services rendered under this Contract, shall not exceed $ 4,336. Both parties agree that should available County funding be reduced, the amount payable under this Agreement may be proportionately reduced at the option of the County. II. SCOPE OF SERVICES. The Provider agrees to render services in accordance with the Scope of Services incorporated herein and attached hereto as Attachment A. Created on 9/13/200610:37 AM Page 1 of 12 III. EFFECTIVE TERM. The effective term of this Agreement shall be from October 1, 2006 through September 30,2007. IV. CASH MATCH REQUIREMENT. The Provider shall maintain sufficient financial resources to meet the expenses incurred during the period between the provision of services and payment by the County, including the required 25% Cash Match, and provide all equipment and supplies required for the provision of services. V. REQUIREMENTS RELATED TO USE OF ANTI-DRUG ABUSE FUNDS UNDER THE DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM A. Requirements of the Anti-DruQ Abuse Act. The Provider agrees to abide by all of the requirements of the Anti-Drug Abuse Act of 1988 under the Drug Control and System Improvement Formula Grant Program, including Rule Chapter 9B-61 of the Florida Administrative Code. Furthermore, the Florida Department of Law Enforcement, Business Support Program, Office of Criminal Justice Grants, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Application for Funding Assistance and all laws, rules, regulations relating thereto are incorporated herein by reference as if fully set forth. B. Supplantinq. The Provider agrees that funds received under this Contract shall be utilized to supplement, not supplant state or local funds, and will be used to increase the amounts of such funds that would, in the absence of grant funds, be made available for anti- drug law enforcement activities, in accordance with Rule Chapter 9B-61.006 (5), Florida Administrative Code. VI. CONTINUITY OF SERVICES. Provider agrees to provide optimal continuity of services by assuring that services are provided by the same person whenever possible and, if not, by a qualified replacement when necessary. VII. PROGRAM CONTACT. Provider shall designate a contract coordinator who shall be responsible for: 1) monitoring the Provider's compliance with the terms of this Contract and; 2) whenever the County so requests, meeting with County staff to review such compliance. VIII. INDEMNIFICATION BY THE PROVIDER. The Provider shall indemnify and hold harmless the County and its officers, er"ployees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract by the Provider or its employees, agents, servants, partners, principals or subcontractors. Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provider expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. The provisions of this section or indemnification shall survive the expiration or termination of this Contract. Created on 9/13/200610:37 AM Page 2 of 12 IX. INSURANCE. If Provider is an agency or a political subdivision of the State as defined by section 768.28, Florida Statutes, the Provider shall furnish the County, upon request, written verification of liability protection in accordance with section 768.28, Florida Statutes. Nothing herein shall be construed to extend any party's liability beyond that provided in section 768.28, Florida Statutes. X. LICENSURE AND CERTIFICATION. The Provider shall ensure that all other licensed professionals providing School Resource Officer services shall have appropriate training and experience in the field in which he/she practices and abide by all applicable State and Federal laws and regulations and ethical standards consistent with those established for his/her profession. Ignorance on the part of the Provider shall in no way relieve it from any of its responsibilities in this regard. XI. CONFLICT OF INTEREST. The Provider agrees to abide by and be governed by Miami- Dade County Ordinance No. 72-82 (Conflict of Interest Ordinance codified at Section 2-11.1 et al. of the Code of Miami-Dade County), as amended, which is incorporated herein by reference as if fully set forth herein, in connection with its Contract obligations hereunder. XII. CIVIL RIGHTS. The Provider agrees to abide by Chapter 11 A of the Code of Miami- Dade County ("County Code"), as amended, which prohibits discrimination in employment, housing and public accommodations; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C., as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973,29 U.S.C. S 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. S 12103 et seq., which prohibits discrimination in employment and accommodation because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, the County shall have the right to terminate this Contract. It is further understood that the Provider must submit an affidavit attesting that it is not in violation of the Americans with Disability Act, the Rehabilitation Act, the Federal Transit Act, 49 U.S.C. S 1612, and the Fair Housing Act, 42 U.S.C. S 3601 et seq. If the Provider or any owner, subsidiary, or other firm affiliated with or related to the Provider, is found by the responsible enforcement agency, the Courts or the County to be in violation of these Acts, the County will conduct no further business with the Provider. Any contract entered into based upon a false affidavit shall be voidable by the County. If the Provider violates any of the Acts during the term of any Contract the Provider has with the County, such contract shall be voidable by the County, even if the Provider was not in violation at the time it submitted its affidavit. The Provider agrees that it is in compliance with the Domestic Violence Leave Ordinance, codified as S 11A-60 et seq. of the Miami-Dade County Code, which requires an employer, who in the regular course of business has fifty (50) or more employees working in Miami-Dade County for each working day during each of twenty (20) or more calendar work weeks to provide domestic violence leave to its employees. Failure to comply with this local law may be grounds for voiding or terminating this Contract or for commencement of debarment proceedings against Provider. XIII. NOTICES. Notice under this Contract shall be sufficient if made in writing and delivered personally or sent by mail or by facsimile to the parties at the following addresses or to such other address as either party may specify: Created on 9/13/200610:37 AM Page 3 of 12 If to the COUNTY: Miami.Dade County Department of Human Services 2525 NW 6td Street, Suite 4228 Miami, Florida 33147 Attention: Ms. Michaela Doherty If to the PROVIDER: Aventura Police Department 19200 W. Country Club Drive Aventura, FL 33180 Attention: Chief Thomas E. Ribel XIV. AUTONOMY. Both parties agree that this Contract recognizes the autonomy of and stipulates or implies no affiliation between the contracting parties. It is expressly understood and intended that the Provider is only a recipient of funding support and is not an agent or instrumentality of the County. Furthermore, the Provider's agents and employees are not agents or employees of the County. XV. BREACH OF AGREEMENT: COUNTY REMEDIES. A. Breach. A breach by the Provider shall have occurred under this Contract if: (1) The Provider fails to provide services outlined in the Scope of Services (Attachment A) within the effective term of this Contract; (2) the Provider ineffectively or improperly uses the funds allocated under this Contract; (3) the Provider fails to submit, or submits incorrect or incomplete proof of expenditures to support reimbursement requests or fails to submit or submits incomplete or incorrect detailed reports of expenditures or final expenditure reports; (4) the Provider does not submit or submits incomplete or incorrect required reports; (5) the Provider refuses to allow the County access to records or refuses to allow the County to monitor, evaluate and review the Provider's program; (6) the Provider discriminates under any of the laws outlined in Section XII of this Contract; (7) the Provider fails to provide Domestic Violence Leave to its employees pursuant to local law; (8) the Provider falsifies or violates the provisions of the Drug Free Workplace Affidavit (Attachment D); (9) the Provider attempts to meet its obligations under this Contract through fraud, misrepresentation or material misstatement; (10) the Provider fails to correct deficiencies found during a monitoring, evaluation or review within the specified time; (11) the Provider fails to meet any of the terms and conditions of the Miami- Dade County Affidavits (Attachment D); (12) the Provider fails to meet any of the terms and conditions of any obligation under any contract or otherwise or any repayment schedule to any of its agencies or instrumentalities; or (13) the Provider fails to fulfill in a timely and proper manner any and all of its obligations, covenants, agreements and stipulations in this Contract. Waiver of breach of any provisions of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract. B. County Remedies. If the Provider breaches this Contract, the County may pursue any or all of the following remedies: 1. The County may terminate this Contract by giving written notice to the Provider of such termination and specifying the effective date thereof at least five (5) days Created on 9/13/200610:37 AM Page 4 of 12 before the effective date of termination. In the event of termination, the County may: (a) request the return of all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and secured by the Provider with County funds under this Contract; (b) seek reimbursement of County funds allocated to the Provider under this Contract; (c) terminate or cancel any other contracts entered into between the County and the Provider. The Provider shall be responsible for all direct and indirect costs associated with such termination, including attorney's fees; 2. The County may suspend payment in whole or in part under this Contract by providing written notice to the Provider of such suspension and specifying the effective date thereof, at least five (5) days before the effective date of suspension. If payments are suspended, the County shall specify in writing the actions that must be taken by the Provider as condition precedent to resumption of payments and shall specify a reasonable date for compliance. The County may also suspend any payments in whole or in part under any other contracts entered into between the County and the Provider. The Provider shall be responsible for all direct and indirect costs associated with such suspension, including attorney's fees; 3. The County may seek enforcement of this Contract including but not limited to filing action with a court of appropriate jurisdiction. The Provider shall be responsible for all direct and indirect costs associated with such enforcement, including attorney's fees; 4. The County may debar the Provider from future County contracting; 5. If, for any reason, the Provider should attempt to meet its obligations under this Contract through fraud, misrepresentation or material misstatement, the County shall, whenever practicable terminate this Contract by giving written notice to the Provider of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. The County may terminate or cancel any other contracts which such individual or entity has with the County. Such individual or entity shall be responsible for all direct or indirect costs associated with such termination or cancellation, including attorney's fees. Any individual or entity who attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement may be disbarred from County contracting for up to five (5) years; 6. Any other remedy available at law or equity. C. The County Manager is authorized to terminate this Contract on behalf of the County. D. Damaqes Sustained. Notwithstanding the above, the Provider shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract, and the County may withhold any payments to the Provider until such time as the exact amount of damages due the County is determined. The Provider shall be responsible for all direct and indirect costs associated with such action, including attorney's fees. XVI. TERMINATION BY EITHER PARTY. Both parties agree that this Contract may be terminated by either party hereto by written notice to the other party of such intent to terminate at least sixty (60) days prior to the effective date of such termination. The County Manager is authorized to terminate this Contract on behalf of the County. Created on 9/13/200610:37 AM Page 5 of 12 XVII. PROJECT BUDGET AND PAYMENT PROCEDURES. The Provider agrees that all expenditures or costs shall be made in accordance with the Budget which is attached herein and incorporated hereto as Attachment B. A. BudQet Variance. Funds may be shifted between approved line items, not to exceed fifteen percent (15%) of the total budget, without a written amendment. Variances greater than fifteen percent (15%) in any approved line item shall require a written amendment approved by the Department. B. Recapture Funds. At the conclusion of the third quarter and upon submission of the Quarterly Performance Report and Invoice, the County will review the Provider's Year-To- Date expenditures. 1. Municipalities reporting remaining balances which exceed expenditure levels for normal program operations must submit a plan with the Third Quarter Report which documents those steps the municipality will take in the Fourth Quarter to fully expend the contract by the end of the program year. 2. This expenditure plan must be approved by the County. 3. Where the municipality does not anticipate full expenditures by the end of the program year, the County will recapture the anticipated unexpended amount for use in another program, without a formal amendment process. C. Payment Procedures. The County agrees to pay the Provider for services rendered under this Contract based on the line item budget incorporated herein and attached hereto as Attachment B. The parties agree that this is a cost-basis Contract and the Provider shall be paid through reimbursement payment for allowable expenses on the budget approved under this Contract (see Attachment B). The Provider agrees to invoice the County for each School Resource Officer Project using the Quarterly Project Performance Report & Invoice as it appears in Attachment C, and to do so on a quarterly basis, as stated in Section XIX. B.1. The Quarterly Project Performance Report & Invoice shall be prepared in a manner in accordance with the form provided in Attachment C. The final Quarterly Project Performance Report & Invoice shall be submitted by October 15, 2007. D. The Provider agrees to mail all invoices to the address listed above, Section XIII. E. The County agrees to review invoices and to inform the Provider of any questions. Payments shall be mailed to the Provider by the County's Finance Department. F. No payment of subcontractors. In no event shall county funds be advanced directly to any subcontractor hereunder. XVIII. INVENTORY. CAPITAL EQUIPMENT AND REAL PROPERTY. A. Acquisition of Property. The Provider is required to be prudent in the acquisition and management of property with federal funds. Expenditure of funds for the acquisition of new property, when suitable property required for the successful execution of projects is already available within the Provider organization, will be considered an unnecessary expenditure. Created on 9/131200610:37 AM Page 6 of 12 ._"._-" -"""_'~'_.___'."'_______.,...__..._.,.........,..,.."._,....__.~_o_,_.. .._.._...,__.__._.. .."_~,__"..,.~____.,.,,,,_ B. ScreeninQ~ Careful screening should take place before acquiring property in order to ensure that it is needed with particular consideration given to whether equipment already in the possession of the Provider organization can meet identified needs. While there is no prescribed standard for such review, the Provider procedures may establish levels of review dependent on factors such as the cost of the proposed equipment and the size of the Provider organization. The establishment of a screening committee may facilitate the process; however, the Provider may utilize other management techniques which it finds effective as a basis for determining that the property is needed and that it is not already within the Provider's organization. The County must ensure that the screening referenced above takes place and that the Provider has an effective system for property management. The Provider is hereby informed that if the County is made aware that the Provider does not employ an adequate property management system, project costs associated with the acquisition of the property may be disallowed. C. Loss, Damaqe or Theft of Equipment. The Provider is responsible for replacing or repairing the property which is willfully or negligently lost, stolen, damaged or destroyed. Any loss, damage, or theft of the property must be investigated and fully documented and made part of the official project records. D. Equipment Acquired with Crime Control Act Block/Formula Funds. Equipment acquired shall be used and managed to ensure that the equipment is used for criminal justice purposes. E. Manaqement. The Provider's procedures for managing equipment (including replacement), whether acquired in whole or in part with project funds, will, at a minimum, meet the following requirements: 1) Property records must be maintained which include description of property, serial number or other identification number, source of the property, identification of who holds the title, acquisition date, costs of the property, percentage of County participation in the cost of the property (Federal funds), location of property, use and condition of the property, disposition data including the date of disposal and sale price; 2) a physical inventory of the property must be taken and the results reconciled with the property records at least once every 2 years; 3) a control system must exist to ensure adequate safeguards to prevent loss, damage or theft of the property. Any loss, damage, or theft shall be investigated by the Provider as appropriate; 4) adequate maintenance procedures must exist to keep the property in good condition; and 5) if the Provider is authorized or required to sell the property, proper sales procedures must be established to enSlJre the highest possible return. F. Retention of Property Records. Records for equipment, nonexpendable personal property, and real property shall be retained for a period of 3 years from the date of the disposition or replacement or transfer at the discretion of the County. If any litigation, claim, or audit is started before the expiration of the 3-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. XIX. RECORDS. REPORTS. MONITORING AUDITS, AND EVALUATION STUDIES. The Provider shall keep records of program services in sufficient detail to provide any reports that may be requested by the County. A. Records. All program records will be retained by the Provider for not less than three (3) years beyond the term of this Agreement. In accordance with contract requirements Created on 9/131200610:37 AM Page 7 of 12 from the State of Florida, records for the School Resource Officer Project services must reflect: 1. The names of staff providing services as described in Attachment A. 2. The dates and number of hours the staff provided services. 3. The dates of services and activities and the names of program participants in attendance to such as described in Attachment A. 4. The records of all other program services provided under this Agreement. B. ReportinG Requirements. 1. Quarterlv Proiect Performance Report and Invoice. The Provider shall submit the Quarterly Project Performance Report and Invoice to the Department of Human Services by January 15, April 15, July 15, and October 15, 2007 covering the Agreement activity for the previous quarter. The Quarterly Project Performance Report and Invoice shall be submitted in the format and using the form attached hereto as Attachment C. 2. Other Required Reports. The Provider shall submit other reports as may be required by the Department of Human Services during the program year. C. ChanGes to Reportinq Requirements. The Provider understands that the County may at any time require changes in data collected, records or reporting, as may be necessary and agrees to comply with any such modifications. D. MonitorinG and Audit. The Provider shall make available for review, inspection, monitoring or audit by the County without notice during normal business hours all financial records and other program records and documents which relate to or have been produced or created as a result of this Agreement. The Provider shall provide assistance as may be necessary to facilitate a financial/program audit when deemed necessary by the County to ensure compliance with applicable accounting and financial standards. The County reserves the right to require the Provider to submit to an audit of the County's choosing. Furthermore, the Provider understands, it may be subject to an audit, random or otherwise, by the Office of the Dade County Inspector General or independent private sector inspector general retained by the Office of the Inspector General. E. Office of Miami-Dade County Inspector General. Miami.Dade County has established the Office of the Inspector General, which is empowered to perform random audits on all County contracts throughout the duration of each contract. Grant recipients are exempt from paying the cost of the audit, which is normally 1/4 of 1 % of the total contract amount. The Miami-Dade County Inspector General is authorized and empowered to review past, present and proposed County and Public health Trust Programs, contracts, transactions, accounts, records, and programs. In addition, the Inspector General has the power to subpoena witness, administer oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may include a report concerning whether the project is on time, within budget and in compliance with plans, specifications and applicable law. Created on 9/13/2006 10:37 AM Page 8 of 12 -'~""._-'--"'-~---~_"_"""___"'_~_~___'_~~"'_'_"_'___'_'__~,_~~._.~,._.__..M'_'_~_.__...____._._._".._..,___._._,.,"...,.".____,~,..._.__,._.__~"._.,..._ ,....__..~,. The Inspector General is empowered to analyze the necessity of and reasonableness of proposed change orders to the Contract. The Inspector General is empowered to retain the services of independent private sector inspectors general to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, proposal submittals, activities of the Provider, its officers, agents and employees, lobbyists, County staff and elected officials to ensure compliance with contract specifications and to detect fraud and corruption Upon ten (10) days prior written notice to the Provider from the Inspector General or IPSIG retained by the Inspector General, the Provider shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all documents and records in the Provider's possession, custody or control which, in the Inspector General or IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and Contracts from and with successful and unsuccessful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, proposal and contract documents, back-charge documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. The provisions in this section shall apply to the Provider, its officers, agents, employees, subcontractors and suppliers. The Provider shall incorporate the provisions in this section in all subcontracts and all other Contracts executed by the Provider in connection with the performance of the contract. Nothing in this contract shall impair any independent right of the County to conduct audit or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the County by the Provider or third parties. F. Independent Private Sector Inspector General Reviews. Pursuant to Miami- Dade County Administrative Order 3-20, the Provider is aware that the County has the right to retain the services of an Independent Private Sector Inspector General ("IPSIG"), whenever the County deems it appropriate to do so. Upon written notice from the County, the Provider shall make available to the IPSIG retained by the County, all requested records and documentation pertaining to this agreement for inspection and copying. The County shall be responsible for the payment of these IPSIG services, and under no circumstances shall the Provider's budget and any changes thereto approved by the County, be inclusive of any changes relating to these IPSIG services. The terms of this provision herein, apply to the Provider, its officers, agents, employees, subconsultants and assignees. Nothing contained in this provision shall impair any independent right of the County to conduct an audit or investigate the operations, activities and performance of the Provider in connection with this Contract. The terms of this Section shall not impose any liability on the County by the Provider or any third party. G. Evaluation Studies. The Provider agrees to participate in evaluation studies sponsored by the administrative agent for these funds from the Florida Department of Law Enforcement, Business Support Program, Office of Criminal Justice Grants. This participation shall at a minimum include access to the Provider's premises and records. Created on 9/13/200610:37 AM Page 9 of 12 XX. PROHIBITED USE OF FUNDS. A. Adverse Actions or Proceeding. The Provider shall not utilize County funds to retain legal counsel for any action or proceeding against the County or any of its agents, instrumentalities, employees or officials. The Provider shall not utilize County funds to provide legal representation, advice or counsel to any client in any action or proceeding against the County or any of its agents, instrumentalities, employees or officials. B. Reliqious Purposes. County funds shall not be used for religious purposes. C. Comminolinq Funds. The Provider shall not commingle funds provided under this Contract with funds received from any other funding sources. XXI. MISCEllANEOUS. A. Contract. This Contract is the complete and exclusive statement of all the arrangements between the County and the Provider regarding provision of the services described in Attachments A and B. Nothing herein shall alter, affect, modify, change or extend any other agreement between the Provider and the County unless specifically stated herein. B. Amendments and Modifications. Except as otherwise enumerated herein, no amendment to this Contract shall be binding on either party unless reduced to writing, signed by both parties, and approved by the County Manager. Provided, however, that the County may effect amendments to this Contract without the written consent of the Provider, to conform this Contract to changes in the laws, directives, guidelines, and objectives of County, State and Federal Governments. Any alterations, variations, amendments, or other modifications of this Contract, including but not limited to amount payable and effective term, shall only be valid when they have been reduced to writing, duly approved and signed by both parties and attached to the original of this Contract. The County and Provider mutually agree that amendments of the Scope of Service, line item budget of more than fifteen percent (15%) of the total budget set forth herein and other such revisions my be negotiated as written amendment to this Contract between the parties. The County Manager is authorized to mak~ amendments to this Contract as described herein on behalf of the County. C. Ownership of Data and Other Material. All reports, information documents, tapes and recordings, maps and other data and procedures developed, prepared, assembled or completed by the Provider in connection with the duties and responsibilities undertaken by the Provider in accordance with the terms of this Contract shall become the property of the County without restriction, reservation or limitation of their use and shall be made available to the County by the Provider at any time upon request by the County. Upon completion of all work contemplated under this Contract, copies of all of the above data shall be delivered to the County upon request. D. Contract Guidelines. This Contract is made in the State of Florida and shall be governed according to the laws of the State of Florida. Proper venue for this Contract shall be Miami-Dade County, Florida. Created on 9/13/200610:37 AM Page 10 of 12 E. Publicit'L It is understood and agreed between the parties hereto that this Provider is funded by Miami-Dade County. Further, by acceptance of these funds, the Provider agrees that events and printed documents funded by this Contract shall recognize the funding source as follows: This program was supported by a grant awarded to the Miami-Dade County Department of Human Services, the Florida Department of Law Enforcement (FDLE) and the U.S. Department of Justice, Bureau of Justice Assistance (BJA). F. Subcontracts. The Provider agrees not to enter into subcontracts, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this Contract, or any or all of its rights, title or interest herein, or its power to execute such Contract without the prior written approval of the County and that all subcontractors or assignees shall be governed by the terms and conditions of this Contract. If this Contract involves the expenditure of $100,000 or more by the County and the Provider intends to use subcontractors to provide the services listed in the Scope of Services (Attachment A) or suppliers to supply the materials, the Provider shall provide the names of the subcontractors and suppliers on the form attached as Attachment E. The Provider agrees that it will not change or substitute subcontractors or suppliers from those listed in Attachment E without prior written approval of the County. G. HeadinQs, Use of Sinqular and Gender. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Contract. Wherever used herein, the singular shall include the plural and plural shall include the singular and pronouns shall be read as masculine, feminine or neuter as the context requires. H. Total of Contract/Severabilitv of Provisions. This twelve (12) page Contract with its recitals on the first page of the Contract and with its attachments as referenced below contain all the terms and conditions agreed upon by the parties: Attachment A: Attachment B: Attachment C: Attachment 0: Attachment 01 : Attachment 02: Attachment D3: Attachment E: Scope of Services Budget Quarterly Project Performance Report & Invoice Miami-Dade County Affidavits Code of Business Ethics Miami-Dade County Debarment Disclosure Affidavit Stah:; Public Entities Crime Affidavit Provider's Disclosure of Subcontractors and Suppliers No other Contract, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind any of the parties hereto. If any provision of this Contract is held invalid or void, the remainder of this Contract shall not be affected thereby if such remainder would then continue to conform to the terms and requirement of applicable law. Created on 9/13/200610:37 AM Page 11 of 12 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their respective and duly authorized officers, the day and year first above written. ...................' . . . . . . . . . . . . . . . . . . . I, " . . . . . . . . . . . . . . . . . ...... ............ . . I . I . . . . . . . . I" ....... ...... ............. . . . . . . . . . . . . . . . . . . . . '. t . . . . . . . I, . . . . . . . . . . I . . . . . . . . Signature Title Name (typed) ATTEST: By: By: (Corporate Seal) ATTEST: MIAMI-DADE COUNTY, FLORIDA HARVEY RUVIN, CLERK By: DEPUTY CLERK By: GEORGE M. BURGESS COUNTY MANAGER Created on 9/13/200610:37 AM Page 12 of 12 ATTACHMENT A ATTACHMENT B ATTACHMENT C ATTACHMENT D ATTACHMENT D1 ATTACHMENT D2 ATTACHMENT D3 ATTACHMENT E SUMMARY OF ATTACHMENTS Scope of Services/ Program Narrative Program Budget Quarterly Project Performance Report & Invoice Miami-Dade County Affidavits Code of Business Ethics Miami-Dade County Debarment Disclosure Affidavit State Public Entities Crime Affidavit Provider's Disclosure of Subcontractors and Suppliers ATTACHMENT A PROGRAM NARRATIVE Jurisdiction Name: A VENTURA Contact Person: Sgt. Michael Bentolila Address: 19200 W. Country Club Dr., Aventura, FL 33180 Contact Numbers: 466-2893 Office 466-2895 Fax Program Area: School Resource Officer (07 A) Program Dates: 10/01/06 through 09/30/07 Program Name: School Resource Officer Target Population: School Age Youth Problem Identification Since it's inception in November 1995, the city of Aventura has grown tremendously. With that growth, a change in the demographics also occurred. Aventura went from a predominantly elderly or retiree community to one that now includes a large number of young families. Currently the police department provides services to their youth at neighboring community schools. Opening in the fall of this year, Aventura Charter Elementary School will be the first public school in the city, for students grades K-5. It's the police department's objective to provide a safe drug free environment to these and all students in Aventura. A School Resource Officer will be assigned to work at the city's new school. ProQram Description The presence of a School Resource Officer will provide a number of benefits in the new charter school. Besides offering protection for the school and students, the presence of the SRO will serve as a deterrent to unwanted intruders. Additionally, in-service orientations will be provided to school staff and teachers along with presentations for parents at monthly Parent Teacher Association meetings. The SRO will become a familiar face in classrooms while conducting classes on safety, crime prevention, and conflict management. In addition, Aventura's SRO will implement an after-school training program designed to empower its youth. This victim empowerment program, called Resisting Aggression Defensively, includes a 5 class curriculum on aggression training techniques. It is intended to promote safety and awareness for youth in everyday surroundings. The RADKid curriculum is structured to address self defense and self awareness in today's youth. In addition it provides youth with healthy techniques on how to deal with aggression. Curriculum materials include training gear, i.e. helmets, elbow and knee pads and floor mats. Each kit includes gear for four youth and one instructor package. The above is just a few of the many services that will be available in this new charter school. Other services will include DARE classes, Red Ribbon activities, a mentoring program and a host of other services for these school age kids. Grant funds will be used to purchase program supplies needed to support program activities. Year One Activities/Accomplishments & Unmet Needs (2003-2004) This grant year has proven to be a great success. With the new local elementary school, ACES, the SRO unit has provided services to more than 500 students. Although most of the schools Aventura provides services for are outside of their city limits, their SRO's have conducted in-service orientations, counseling sessions for students and parents, and prevention education classes. The department reports an overwhelming response to their programs including the newly created after school RADKid program. In the upcoming year, Aventura will continue with it's program much like it is structured currently. Officers will create a Youth Crime Watch Program on the ACES campus. Additionally, a new middle school will open in Aventura this year. To meet the demands of the added student population, an SRO officer will be assigned to this site. The department will train an additional officer for their RADKID program and use grant funds to provide for the supplies and equipment used in all their SRO activities. Year Two Activities/Accomplishments & Unmet Needs (2004-2005) Since it's incorporation in November 1995 growth in the city of Aventura has been dramatically influenced by the influx of young families. Along with the demographic makeup, the city that once had no schools in their city limits, will soon have a new middle school. Currently, the department provides services to their local schools using two SRO officers. During the new grant year, Aventura will use one of these officers in the new middle school, serving an additional 300 students. While the primary focus will be to provide protection for students, SRO officers will continue to provide prevention education classes, in service orientations, and counseling for parents. Core services the two elementary schools will not be affected, by the additional community needs. Officers will be a visible force on campus, while providing support and guidance through a number safety and prevention programs, including the RadKid curriculum, during the upcoming grant year. Grant funds will be used to provide for program supplies and equipment for proposed activities. Year Three Activities/Accomplishments & Unmet Needs (2005-2006) During this grant year SRO services were expanded to the newly built Middle School in Aventura. The non-traditional ACES campus, houses both elementary and middle school buildings. Currently the middle school is only open to one grade level and will integrate a second grade level in the upcoming school year. With that, the student population is expected to increase by an additional 1 00 students. The two SRO officers presently assigned to the city's two schools provide educational presentations, counseling and participate in numerous school activities throughout the grant year. In the upcoming year the challenge will be to continue providing services at the current level with the increased number of students. In the 2006/2007 grant year, JAG funds will be used to provide the same services to all of the students including prevention education classes, counseling for both parents and students, in-service orientations and the very popular RADKid curriculum. Program dollars will be used to purchase program supplies, equipment and SRO uniforms. Additionally, program dollars will be used to purchase a camcorder used to film the final class of each RADKid course. As a requirement of the parent program, it is necessary to video record the final class, where children demonstrate an understanding of each of the learned techniques throughout the course. This is done for liability purposes and to insure that they course is being taught properly. Jurisdiction Name: AVENTURA Contact Person: 8gt. Michael Bentolila Address: 19200 W. Country Club Dr., Aventura, FL 33180 Contact Numbers: 466-2893 Office 466-2895 Fax Program Area: School Resource Officer (07 A) Program Dates: 10/01/06 through 09/30107 Program Name: School Resource Officer Target Population: School Age Youth Proposed Activities Planned Measures Monitoring Plan 07 A.04 Provide 25 counseling School Resource Officer to Program Plan and Activity sessions for students during conduct: Schedule. the grant year. In-service orientations Crime prevention classes Meeting announcements, 07 A.05 Provide 10 counseling Parent counseling attendance records, etc. sessions for parents during sessions the grant year. Participant list and meeting Mc Gruff presentations attendance records 07 A.07 Conduct 55 crime Video presentations prevention class presentations Multi Media presentations Copies of invoices for during the grant year. Red Ribbon Activities. materials purchased. RADKID presentations 07 A.OB Attend 5 in school Safety Patrol! Youth Crime special events during the Watch grant year. 07 A.1 0 Provide 10 in-service orientations to school teachers during the grant year. Sgt. Michael Bentolila, APD Michaela Doherty, DHS ATTACHMENT B PROGRAM BUDGET Jurisdiction Name: AVENTURA Contact Person: Sgt. Michael Bentolila Program Area: School Resource Officer 466-2893 PH -- 466-2895 FX Program Name: School Resource Officer Program Dates: 10/01/06 - 09/30/07 Salaries and Benefits, Total $0 Contractual Services, Total $0 Operating Capital Outlay, Total $1,000 Camcorder w/accessories $1,000 Expenses, Total $4,781 Program Recertification $400 Program Program equipment $1,000 Educational videos $600 Printed Materials (Red Ribbon Week) $1,500 SRO uniforms $324 Miscellaneous program supplies $957 (educational items, etc.) Total Budget $5,781 Dade County will reimburse an amount not to exceed: $4,336 The 25% CASH MATCH for this grant is: $1,445 The source of the CASH MATCH is: Police Department General Fund, Aventura OCO levels begin at $300. 9/22/2006 Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Drug Control and System Improvement Formula Grant Program Quarterly Project Performance Report SCHOOL RESOURCE OFFICER PROJECT PURPOSE AREA 07 A (City) (Project Name) (Name of Person Completing Form) (Title) (Phone) STATE 10 NUMBER: 2007-JAGC-OAOE-28-P3-127 Re octNumber 1 2 3 4 ReortNumber Quarterl Period Re art Due Dates Note: Those questions that are directly related to your program have been highlighted for your convenience. All questions must be answered and explained in the NARRA riVE portion of this report. Any report not received by January 16; April 16; July 16; and/or October 16, will result in the issuance of a "Noncompliance Notice" and a delay or denial of Reimbursement Requests. C/) c .Q - U vi .- - ('-. "OCIl C/) .!!1 Cll "0 ('-. ~ :J c: :J cr :J CIl .., Cll 0 Cll ~ ~ U . - 0> .~ ~ C Cll Cll 0 Cll t:: E 0 C/) CO Cll .c ~ :J CIl U .E cr~ C/) .c ::l C C/) u.o 0 Cll CO E ('-. U ('-. Cll .- Cll CIl ('-. e C/) ~ ~ e e CIl Cll ~ e 0 c ('-. 0> Cll ~'+- 0 .c CIl 0 0 CIl "0 ro U CIl ('-. C/) C/) Cll Cll ro Cll- ~ C/) Cll C/) - ._ ro Cll U U Cll - .- "0 Cll .- e Cl. 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C/) C/) C/) C/) C/) CO C/) .c C/) C/) ~U.f; Cll .c .!:. .c .c .c .c :: .c - .c .c .!:. Cll ~Cll .c - - .... - - :: - - - - 0::::::- ~ U - 0> 0> 0> 0> 0> 0 0> CfJ 0> 0> <( :: Cll Q) ~ I.. e e e e e e J: e ..J e e 1: :J Cll 'i: 'i: 'i: 'i: 'i: 'i: 'i: 'i: ZClle. CO 0 :: :J :J :J :J :J CO .0 :J CO :J :J ::Eg~ :J CfJ C/) 0 Cl Cl 0 0 0 0 0 O~ro e ,.... ,.... co ~rou ro "0. ,....-~ ~ 0 Cll M ~ an ,... CO (j) 0 0- 00_ T'" (!)UO> o 0 e CfJ 0 0 0 0 0 0 0 ,.. C\I.cQ) ro . . . . CUe >- u > Q) ,.... l"- I'- I'- ,... I'- ,.... ,... 0::: ro :: LL.CI)<{ c.. Q.f~ Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS (To Be Copied on Jurisdiction Letterhead) Ci : Date of Claim: Pro'ect Name: Claim Number: Tele hone: Claim Period: Name of Person Completing Form: 1. Total Federal Budget $ 2. Amount This Invoice $ (75% of your current claim) 3. Amount of Previous Invoices $ 4. Remaining Federal Balance $ (Sublraellines 2 & 3 from line 1) Sub Object Code Budget Categories line Item Disallowed Exceeds Budget Federal Funds Local Match Category Totals Salaries & Benefits Contractual Services Operating! Capital Equipment Expenses Total Claim We request payment in accordance with our contract agreement in the amount of 75% of the Total Costs for this Claim $ (75%), the balance of costs, $ (25%), to be recorded as our in-kind contribution to comply with the local match requirements. Attached, please find the records which substantiate the above expenditures. I certify that all of the costs have been paid and none of the items have been previously reimbursed. All of the expenditures comply with the authorized budget and fall within the contractual scope of services and all of the goods and services have been received, for which reimbursement is requested. Respectfully submitted, Chief of Police/Other City Official Payment Approved, Miami Dade County Miami Dade County School Resource Officer Project Page 2 of 3 SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS- Payroll Expenses City: Date of Claim: Project Name: Claim Number: Name Officer/Staff Date of Activity Type of Activity* Total Hours "(Presentation, Parent Meeting, Field trip, etc.) TOTAL HOURS . AT$ . PER HOUR = $ I CERTIFY THAT PAYMENT FOR THE AMOUNT OF $ IS CORRECT. OFFICER/STAFF SIGNATURE: OFFICER/STAFF SOCIAL SECURITY NUMBER: CHIEF OF POLICE/CITY OFFICIAL SIGNATURE: I VERIFY THAT THE ABOVE SERVICES WERE PROVIDED: Note: Payroll registers, time sheets and OT slips, documenting payroll expenses, must be attached to process this payment. Miami Dade County Page 3 of 3 School Resource Officer Project SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS (Equipment, Supplies, Material Expenses) City: Date of Claim: Project Name: Claim Number: Item Date Check Vendor Description Paid Number Amount . TOTAL AMOUNT OF EXPENSES: NOTE: Copies of all invoices and cancelled checks for this request must be attached to process payment. ATTACHMENT C ATTACHMENT 0 A TT ACHMENT D DEPARTMENT OF HUMAN SERVICES BYRNE GRANT ADMINISTRATION MIAMI-DADE COUNTY AFFIDAVITS The contracting individual or entity (governmental or otherwis-e) shall indicate by an "X" all affidavits that pertain to this contract and shall indicate by an "N/A" all affidavits that do not pertain to this contract. All blank spaces must be filled. The MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT; MlAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT; MIAMI-DADE CRIMINAL RECORD AFFIDA VIT; DISABILITY NONDISCRIMINATION AFFIDAVIT; and the PROJECT FRESH START AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies thereof, the State or any political subdivision or agency thereof or any municipality of this State. The MIAMI-DADE F AMIL Y LEAVE AFFIDA VIT shall not pertain to contracts with the United States or any of its departments or agencies or the State of Florida or any political subdivision or agency thereof; it shall, however, pertain to municipalities of the State of Florida. All other contracting entities or individuals shall read carefully each affidavit to determine whether or not it pertains to this contract. I, Affiant , being first duly sworn state: The full legal name and business address of the person( s) or entity contracting or transacting business with Miami-Dade County are (Post Office addresses are not .acceptable): Federal Employer Identification Number (If none, Social Security) . ~ . - . . ,p,-,-. . . . . . . . . . . . . . . . . . . . . , . . II . . . . . . . . . . , . . . . . . .. ..... . .. ..... .. ..... I . Name of Entity, Individual(s), Partners, or Corporation Doing Business As (if same as above, leave blank) . .. ..... I . .. .,... . . . . . . . . 1 . . . . . . . . . . . . . . . . . t . . . . . . . . . . . . . . . . . I . . . . . . . . . '" . . . '" . '" . Street Address City State Zip Code _I. MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2-8.1 of the County Code) I. If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5%) or more of the corporation's stock. If the contract or business transaction is with a partnership, the foregoing information shall be provided for each partner. If the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. The foregoing requirements shall not pertain to contracts with publicly traded corporations or to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. All such names and addresses are (Post Office addresses are not acceptable): Full Legal Name Address Ownership % % % I of 5 2. The full legal names and business address of any other individual (other than subcontractors, material men, suppliers, laborers, or lenders) who have, or will have, any interest (legal, equitable- beneficial or otherwise) in the contract or business transaction with Dade County are (Post Office addresses are not acceptable): 3. Any person who willfully fails to disclose the information required herein, or who knowingly discloses false information in this regard, shall be punished by a fine of up to five hundred dollars ($5.00.00) or imprisonment in the County jail for up to sixty (60) days or both. II. MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90- 133, Amending sec. 2.8-1; Subsection (d)(2) of the County Code). Except where precluded by federal or State laws or regulations, each contract or business transaction or renewal thereof which involves the expenditure of ten thousand dollars ($10,000) or more shall require the entity contracting or transacting business to disclose the following information. The foregoing disclosure requirements do not apply to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. 1. Does your firm have a collective bargaining agreement with its employees? Yes No 2. Does your firm provide paid health care benefits for its employees? Yes No 3. Provide a current breakdown (number of persons) of your finn's work force and ownership as to race, national origin and gender: White: Black: Hispanics: Males Males Males Males F emal es Females Females Females: Asian: American Indian: Aleut (Eskimo): Males Males Males Males Females Females Females Females III. AFFIRMATIVE ACTION/NONDISCRlMINATION OF EMPLOYMENT, PROMOTION AND PROCUREMENT PRACTICES (County Ordinance 98-30 codified at 2-8.1.5 of the County Code.) In accordance with County Ordinance No. 98-30, entities with annual gross revenues in excess of $5,000,000 seeking to contract with tre County shall, as a condition of receiving a County contract, have: i) a written affirmative action plan which sets forth the procedures the entity utilizes to assure that it does not discriminate in its employment and promotion practices; and ii) a written procurement policy which sets forth the procedures the entity utilizes to assure that it does not discriminate against minority and women-owned businesses in its own procurement of goods, supplies and services. Such affirmative action plans and procurement policies shall provide for periodic review to determine their effectiveness in assuring the entity does not discriminate in its employment, promotion and procurement practices. The foregoing notwithstanding, corporate entities whose boards of directors are representative of the population make-up of the nation shall be presumed to have non-discriminatory employment and procurement policies, and shall not be required to have written affirmative action plans and procurement policies in order to receive a County contract. The foregoing presumption may be rebutted. 20[5 The requirements of County Ordinance No. 98-30 may be waived upon the written recommendation of the County Manager that it is in the best interest of the County to do so and upon appro va] of the Board of County Commissioners by majority vote of the members present. The finn does not have annual gross revenues in excess of $5,000,000. The finn does have annual revenues in excess of $5,000,000; however, its Board of Directors is representative of the population make-up of the nation and has submitted a written, detailed listing of its Board of Directors, including the race or ethnicity of each board member, to the County's Department of Business Deve]opment, 175 N.W, 1st Avenue, 28th Floor, Miami, Florida 33128. The finn has annual gross revenues in excess of $5,000,000 and the finn does have a written affinnative action plan and procurement policy as described above, which includes periodic reviews to detennine effectiveness, and has submitted the plan and policy to the County's Department of Business Development 175 N.W. 1 sl Avenue, 28th F]oor, Miami, Florida 33128; The finn does not have an affinnative action plan and/or a procurement policy as described above, but has been granted a waiver. IV. MIAMI-DADE COUNTY CRIMINAL RECORD AFFIDA VII (Section 2-8.6 of the County Code) The individual or entity entering into a contract or receiving funding from the County _ has _ has not as of the date of this affidavit been convicted of a felony during the past ten (10) years. An officer, director, or executive of the entity entering into a contract or receiving funding from the County _ has _ has not as of the date of this affidavit been convicted of a felony during the past ten (10) years. V. MIAMI-DADE EMPLOYMENT DRUG-FREE WORKPLACE AFFIDA VII (County Ordinance No. 92-15 codified as Section 2-8.1.2 of the County Code) That in compliance with Ordinance No. 92-15 of the Code of Miami-Dade County, Florida, the above named person or entity is providing a drug-free workplace. A written statement to each employee shall infonn the employee about: 1. danger of drug abuse in the workplace ,2. the finn's policy of maintaining a drug-free environment at all workplaces . 3. availability of drug counseling, rehabilitation and employee assistance programs 4. penalties that may be imposed upon employees for drug abuse violations The person or entity shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the tenns and notify the employer of any crimina] drug conviction occurring no later than five (5) days after receiving notice of such conviction and impose appropriate personnel action against the employee up to and including tennination. Compliance with Ordinance No. 92-15 may be waived if the special characteristics of the product or service offered by the person or entity make it necessary for the operation of the County or for the health, safety, welfare, economic benefits and well-being of the public. Contracts involving funding which is provided in whole or in part by the United States or the State of Florida shall be exempted from the provisions of this ordinance in those instances where those provisions are in conflict with the requirements of those governmental entities. 30f5 VI. MIAMI-DADE EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinance No. 142-91 codified as Section l1A-29 et. seq of the County Code) That in compliance with Ordinance No. 142-91 of the Code of Miami-Dade County, Florida, an employer with fifty (50) or more employees working in Dade County for each working day during each of twenty (20) or more calendar work weeks, shall provide the following information in compliance with all items in the aforementioned ordinance: An employee who has worked for the above firm at least one (1) year shall be entitled to ninety (90) days of family leave during any twenty-four (24) month period, for medical reasons, for the birth or adoption of a child, or for the care of a child, spouse or other close relative who has a serious health condition without risk of tennination of employment or employer retaliation. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, or the State of Florida or any political subdivision or agency thereof. It shall, however, pertain to municipalities of this State. VII. DISABILITY NON-DISCRIMINATION AFFIDAVIT (County Resolution R-385-95) That the above named finn, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction in the following laws: The Americans with Disabilities Act of 1990 (ADA), Pub. L 101-336, 104 Stat 327, 42 U.S.c. 12101-12213 and 47 U.S.c. Sections 225 and 611 including Title I, Employment; Title II, Public Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions; The Rehabilitation Act of 1973, 29 U.S.c. Section 794; The Federal Transit Act, as amended 49 U.S.C. Section 1612; The Fair Housing Act as amended, 42 U.S,c. Section 3601-3631. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. _VIII. MIAMI-DADE COUNTY REGARDING DELINQUENT AND CURRENTLY DUE FEES OR TAXES (Sec. 2-8.1(c) of the County Code) Except for small purchase orders and sole source contracts, that above named firm, corporation, organization or individual desiring to transact business or enter into a contract with the County , verifies that all delinquent and currrntly due fees or taxes -- including but not limited to real and . property taxes, utility taxes and occupational licenses -- which are collected in the normal course by the Dade County Tax Collector as well as Dade County issued parking tickets for vehicles registered in the name of the finn, corporation, organization or individual have been paid. IX. CURRENT ON ALL COUNTY CONTRACTS, LOANS AND OTHER OBLIGATIONS The individual entity seeking to transact business with the County is current in all its obligations to the County and is not otherwise in default of any contract, promissory note or other loan document with the County or any of its agencies or instrumentalities. 40[5 _x. PROJECT FRESH START (Resolutions R-702-98 and 358-99) Any finn that has a contract with the County that results in actual payment of $500,000 or more shall contribute to Project Fresh Start, the County's Welfare tQ Work Initiative. However, if five percent (5%) of the finn's work force consists of individuals who reside in Miami-Dade County and who have lost or will lose cash assistance benefits (formerly Aid to Families with Dependent Children) as a result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the firm may request waiver from the requirements of R-702-98 and R-358-99 by submitting a waiver request affidavit. The foregoing requirement does not pertain to government entities, not for profit organizations or recipients of grant awards. XI. DOMESTIC VIOLENCE LEAVE (Resolution 185-00; 99-5 Codified At llA-60 Et. Seq. of the Miami-Dade County Code). The firm desiring to do business with the County is in compliance with Domestic Leave Ordinance, Ordinance 99-5, codified at l1A-60 et. seq. of the Miami Dade County Code, which requires an employer which has in the regular course of business fifty (50) or more employees working in Miami- Dade County for each working day during each of twenty (20) or more calendar work weeks in the current or proceeding calendar years, to provide Domestic Violence Leave to its employees. I have carefully read this entire five (5) page document entitled, "Miami-Dade County Affidavits" and have indicated by an "X" all affidavits that pertain to this contract and have indicated by an "N/ A" all affidavits that do not pertain to this contract. By: (Signature of Affiant) (Date) ~ . I ... '.' I' . . . I . . . . . I, . . . I . . ..... . . . . . . ., .... I . ........ . . . . ..... .......... I..... ,'.... I, o SUBSCRIBED AND SWORN TO (or affinned) before me this day of 200_ by known to me or has presented (Type of Identification) . He/She is personat ~. 0 ........... : I . . .............. . . I, . . . . . . '..... . . . . . . . . . . . . . . as identification. ' .' ... 0 0 . . 0 · 0 (Signature of Notary) (Serial Number) (Print or Stamp of Notary) (Expiration Date) Notary Public - Stamp State of Notary Seal (State) 50f5 ATTACHMENT D1 ML4MI-DADE COUNTY FLORIDA ATTACHMENT 01 Form A-12 Code of Business Ethics In accordance with Resolution R-994-99 each person or entity that seeks to do business with Miami-Dade County shall adopt the Miami-Da~e County/Greater Miami Chamber of Commerce Code of Business Ethics as follows: . The Miami-Dade County/Greater Miami Chamber of Commerce seeks to create and sustain an ethical business climate for its members and the community by adopting a Code of Business Ethics..Miami-Dade County/Greater Miami Chamber of Commerce encourages its members to incorporate the principles and practices outlined here in their individual codes of ethics, which will guide their relationships with customers, clients and suppliers. This Model Code can and should be prominently displayed at all business locations and may be incorporated into marketing materials. Miami-Dade County/Greater Miami Chamber of Commerce believes that its members should use this Code as a model for the development of their organizations' business codes of ethics. This Model Code is a statement of principles to help guide decisions and actions based on respect for the importance of ethical business standards in the community. Miami-Dade County/Greater Miami Chamber of Commerce believes the adoption of a meaningful code of ethics is the responsibility of every business and professional organization. By affixing a signature in the Proposal signature page, Form A-12, the Proposer hereby agrees to comply with the principles of Miami-Dade County/Greater Miami Chamber of Commerce Code of Business Ethics. If the Proposer firm's code varies in any way the Proposer must identify the difference(s) on a separate document attached to Form A-12. Compliance with Government Rules and Requlations · We the undersigned Proposer will properly maintain all records and post all licenses and certificates in prominent places easily seen by our employees and customers; · In dealing with government agencies and employees, we will conduct business in accordance with all applicable rules and regulations and in the open; · We, the undersigned Proposer will report contract irregularities and other improper or unlawful business practices to the Ethics Commission, the Office of Inspector General or appropriate law enforcement authorities. Recruitment, Selection and Compensation of Contractors, ConsultinQ, Vendors, and Suppliers · We, the undersigned Proposer will avoid conflicts of interest and disclose such conflicts when identified; · Gifts that compromise the integrity of a business transaction are unacceptable; we will not kick back any portion of a contract payment to employees of the other contracting party or accept such kickback. 9/6/2006 Page 1 of 3 MIAMI-DADE COUNTY, FLORJDA Business Accountinq · All our financial transactions will be properly and fairly recorded in appropriate books of account, and there will be no 'off the books" transactions or secret accounts. Promotion and Sales of Products and Services · Our products will comply with all applicable safety and quality standards; · We; the undersigned Proposer will promote and advertise our business and its products or services in a manner that is not misleading and does not falsely disparage our competitors; · We, the undersigned Proposer will conduct business with government agencies and employees in a manner that avoids even the appearance of impropriety. Efforts to curry political favoritism are unacceptable; · Our proposal will be competitive, appropriate to the request fo~ proposals/qualifications documents and arrived at independently; · Any changes to contracts awarded will have a substantive basis and not be pursued merely because we are the successful Proposer. · We, the undersigned Proposer will, to the best of our ability, perform government contracts awarded at the price and under the terms provided for in the contract. We will not submit inflated invoices for goods provided or services performed under such contracts, and claims will be made only for work actually performed. We will abide by all contracting and subcontracting regulations. We, the undersigned Proposer will not, directly or indirectly, offer to give a bribe or otherwise channel kickbacks from contracts awarded, to government officials, their family members or business associates. · We, the undersigned Proposer will not seek or expect preferential treatment on proposals based on our participation in political campaigns. Public Life and Political Campaigns · We, the undersigned Proposer encourage all employees to participate in community life, public service and the political process to the extent permitted by law; We, the undersigned Proposer encourage all employees to recruit, support and elect ethical and qualified public officials and engage them in dialogue and debate about business and community issues to the extent permitted by law; · Our contributions to political parties, committees or individuals will be made only in accordance with applicable laws and will comply with all requirements for public disclosure. All contributions made on behalf of the business must be reported to senior company management; · We, the undersigned Proposer will not contribute to the campaigns of persons who are convicted felons or those who do not sign the Fair Campaign Practices Ordinance. 9/6/2006 Page 2 of 3 MIAMI-DADE COUNTY, FLORIDA · We, the undersigned Proposer will not knowingly disseminate false campaign information or support those who do. Pass-throuQh Requirements · This Code prohibits pass-through payments whereby the prime firm requires that the MBE firm accepts payments as an MBE and passes through those payments to another entity; Rental Space, Equipment and Staff Requirements or Flat Overhead Fee Requirements · This Code prohibits rental space requirements, equipment requirements, staff requirements and/or flat overhead fee requirements, whereby the prime firm requires the MBE firm to rent space, equipment and/or staff from the prime firm or charges a flat overhead fee for the use of space, equipment, secretary, etc; MBE Staff Utilization · This Code prohibits the prime firm from requiring the MBE firm to provide more staff than is necessary and then utilizing the MBE staff for other work to be performed by the prime firm. This Code also requires that on any contract where MBE participation is purported, the contract shall specify essential terms including, but not limited to, a specific statement regarding the percent of participation planned for MBEs, the timing of payments and when the work is to be performed. By: (Signature of Affiant) (Date) . - - - . - - . T' J ..... 1-' " . . . . . . , . . . . . . . . . . " . . . . . . . . . . . . , . . . . . .. ..... . .. ....., .. ...... . . SUBSCRIBED AND SWORN TO (or affirmed) before me this day of . .. ...... . .. ...... . ,. ..... . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200_ by . He/She . is personally known to me or has presented (Type of Identification) as identification. (Signature of Notary) (Serial Number) (Print or Stamp of Notary) (Expiration Date) 9/6/2006 Page 3 of 3 ATTACHMENT 02 Attacbment D2 MIAMI-DADE COUNTY DEBARMENT DISCLOSURE AFFIDAVIT (Ordinance 93-129, Section 1) I, being duly first sworn, upon oath deposes and says that the bidder of this contract or his agents, officers, principals, stockholders, subcontractors or their affiliates are not debarred by Miami-Dade County. By: (Signature of Affiant) (Date) SUBSCRIBED AND SWORN TO (or affinned) before me this day of 200 by . . . . . . . . . \ . . . . . . . I . , She . . . . . . . . ( Hel ~......... .u' . . . . . . . . . . . . . . . . . . . .. ...... . .. ...... .. ....... . . . is personally known to me or has presented (Type of Identification) . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . I . . . . . t as identification. (Signature of Notary) (Serial Number) (Print or Stamp of Notary) (Expiration Date) Notary Public - Stamp State of Notary Seal (State) 5/01 ATTACHMENT D3 Attachment D3 SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS . - - . . - - - . 1. This sworn statement is submitted to Miami-Dade Countv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II. . . . . . . . . , . . . . . . . . " ..... . .. ...... .. I... I . . . by (print individual's name and title) . . .. ......, . .. ...... . . . . . . . . . , . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . t . . . . . . . . . . .. .. .. .. .. .. .. .. .. . for (print Name of entity submitting sworn statement) whose business address is and if applicable its Federal Employer Identification Number (FEIN) is If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. I understand that a "public entity crime" as defined in paragraph 287.133 (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to public entity or agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misinterpretation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (l)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as deJ!led in paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entit)' crime in Florida during the preceding 36 months shall be considered an affiliate. 10f2 5. I understand that a "person" as defined in Paragraph 287.l33(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States within the legal power to enter into a binding contact and which bids or app.lies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) _Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. _The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was n-ot in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) Sworn to and subscribed before me this Personally known OR Produced Identification day of ,20_. Notary Public - State of My commission expires . . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " ..... . .. ... I. . .. ...... . . (Type of Identification) . . .. ...... . .. ...... . .. ..... . . . . . . . . . . . . . . . . . . . . . . . . . . , . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . (Printed typed or stamped commissioned name of notary public) 2012 .-.--- ~~'. -......<'-"--_..""..-,,~,...,,"__..._,__"___..H,....._. ATTACHMENT E A TT ACHMENT E MIAMI-DADE DEPARTMENT OF HUMAN SERVICES BYRNE GRANT ADMINISTRATION PROVIDER'S DISCLOSURE OF SUBCONTRACTORS AND SUPPLIERS (Ordinance 97-104)". - Name of Organization: Address: REQUIRED LISTING OF SUBCONTRACTORS ON COUNTY CONTRACT In compliance with Miami-Dade County Ordinance 97-104, the Provider must submit the list of first tier subcontractors or sub-consultants who will perform any part of the Scope of Services Work, if this Contract is for $100,000 or more. The Provider must complete this information. If the Provider will not utilize subcontractors, then the Provider must state "No subcontractors will be used"; do not state "N/ A". NAME OF SUBCONTRACTOR OR SUB-CONSULTANT ADDRESS CITY AND STATE No subcontractors will be used. . . . . . . . . I . . I . . . . . . . . II . 'J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " ..... . .. ..... " ...... . I. ...... . " ..... REQUIRED LIST OF SUPPLIERS ON COUNTY CONTRACT . -:<-:<-:-:<<< . . . . . . . . . In compliance with Miami-Dade County Ordinance 97-104, the Provider must submit a list or'~~p~iI~;s','," who will supply materials for the Scope of Services to the Provider, if this Contract is $100,000 or more. The Provider must fill out this infonnation. If the Provider will not use suppliers, the Provider must state "No suppliers will be used", do not state "N/ A". NAME OF SUPPLIER ADDRESS CITY AND STATE No suppliers will be used. I hereby certify that the foregoing information is true, correct and complete: Signature of Authorized Representative: Title: Date: Firm Name: Fed.lD No. Address: Telephone: ( ) City/ State/Zip: Fax: ( ) E-mail: MIAMI.' ~iiiiiI' ADA Coordination Agenda Coordination Animal Services Art in Public Places Audit and Management Services Aviation Building Building Code Compliance Business Development Capital Improvements Citizens' Independent Transportation Trust Commission on Ethics and Public Trust Communications Commun ity Action Agency Community & Economic Development Community Relations Consumer Services Corrections & Rehabilitation Cultural Affairs Elections Emergency Management Employee Relations Empowerment Trust Enterprise Technology Services Environmental Resources Management Fair Employment Practices Finance Fire Rescue General Services Administration Historic Preservation Homeless Trust Housing Agency Housing Finance Authority Human Services Independent Review Panel International Trade Consortium Juvenile Assessment Center Medical Examiner Metro-Miami Action Plan Metropolitan Planning Organization Park and Recreation Planning and Zoning Police Procurement Management Property Appraisal Public Library System Public Works Safe Neighborhood Parks Seaport Solid Waste Management Strategic Business Management Team Metro Transit Task Force on Urban Economic Revitalization Vizcaya Museum And Gardens Water & Sewer Human Services Byrne Grant Administration Dr. Martin Luther King, Jr. Office Plaza 2525 N.W. 62nd Street · Suite 4000 Miami, Florida 33147 T 305-514-6000 F 305-514-6157 October 5, 2006 - Chief Thomas E. Ribel A ventura Police Department 19200 W. Country Club Drive Aventura, FL 33180 miamidade.gov RE: Contract Award FY2007 Drug Control and System Improvement Program Dear Chief Ribel: We are pleased to provide you with the contract for your program under the Dade County Drug Control and System Improvement Program FY2007. The federal funds are $4,336 and the 25% Cash Match which your city has agreed to provide is $1,445, making the total amount of the project budget not to exceed $5,781. We are providing you with copies of 4 original contracts for your program. Each of the four contracts must have the ORIGINAL signatures of the Manager/Mayor and City Clerk, and must have the city seal affixed on the contract signature page. Also, the contracts include several Affidavits which require an ORIGINAL and notarized signature. Upon signing by your city officials, the contracts are to be returned to this office along with the City Council resolution to accept these funds. Our staff will complete the execution process in the County and send you a fully executed contract for your records. Reimbursement for First Quarter expenditures can occur ONLY if the contract is fully signed by the jurisdiction and returned to the Department of Human Services with the accompanying council resolution. In accordance with your communication with this office, it is our understanding that Sgt. Michael Bentolila will be the designated contact person for this project. As such, all routine correspondence and reporting activities throughout the grant year will be directed to his attention. Please notify us immediately if this designation changes. If you have any questions on this matter, please contact me or LaWanda S. Scott of my staff, at 514-6125. I look forward to working with you this year! Sincerely, l;:'elaD~ Project Director r /' Enclosures MIAMI-DADE COUNTY DEPARTMENT OF HUMAN SERVICES BYRNE GRANT ADMINISTRATION FISCAL YEAR 2006 CONTRACT AWARD MEETING OCTOBER 5, 2006 AGENDA 1. Welcome and Introductions 2. FY2006 Contract Overview FYI: Changes in allowable expenses Contract Execution Process ./ Council Resolution ./ Contract and ALL Affidavits Signed and Notarized ./ Follow Checklist Directions for Each Contract Contract Review ./ Attachments Attachment A: Program Narrative & Scope of Services Attachment B: Program Budget Attachment C: Quarterly Program Performance Report & Invoice Attachment 0: Miami-Dade County Affidavits Attachment 01: Code of Business Ethics Attachment 02: Miami-Dade County Debarment Disclosure Affidavit Attachment 03: State Public Entities Crime Affidavit Attachment E: Provider's Disclosure of Subcontractors & Suppliers Amendments 3. Reporting Requirements ./ Quarterly Program Performance Report ./ Invoice ./ Supporting Documents . Salaries- Payroll Registers . Expenses- Invoices and Checks 4. Fiscal Year 2006 4th Quarter Reports due Friday October 13,2006 5. Questions arid Answers 6. Adjournment CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, C' TO: City Commission DATE: October 31 , 2006 SUBJECT: Resolution Declaring Equipment Surplus November 8, 2006 Commission Meeting Agenda Item .if RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution declaring computer equipment as surplus to the needs of the Information Technology Department. BACKGROUND Section 2-258 of the City Code of Ordinances provides that any property owned by the City which has become obsolete or which has outlived its usefulness may be disposed of in accordance with procedures established by the City Manager, so long as the property has been declared surplus by a resolution of the City Commission. If you have any questions, please feel free to contact me. EMS/act Attachment CC01536-06 CITY OF AVENTURA INFORMATION TECHNOLOGY DEPARTMENT FROM: NDUM TO: DATE: October 31, 2006 SUBJECT: Surplus Computer Equipment I am requesting that the computer equipment listed on the attached spreadsheet be declared surplus property as the equipment no longer meets the needs of the City. Please let me know if you have any questions regarding this request. Attachment Asset # Tag Brand Model Serial Number Type 1 HP Deskjet 970Cxi ES9AF1391 Printer 2 HP Deskjet 952C MYOBM1 F39D Printer 3 1201 HP Deskiet 952C MYOBM1 F38H Printer 4 101 HP Deskiet 820CSE SG6881812V Printer 5 162 HP Deskjet 820CSE SG6881812V Printer 6 HP Deskiet 952C MYOBF38J Printer 7 HP Deskjet 952C MY114170NG Printer 8 1199 HP Deskiet 952C MYOBM1 F38T Printer 9 1206 HP Deskjet 952C MYOBM1 F388 Printer 10 Panasonic WV-BM1700 OXW11822 Video Monitor 11 Panasonic WV-BM1700 ABW09771 Video Monitor 12 Panasonic WV-BM1700 ACW13650 Video Monitor 13 JVC SR-2911 US 7534347 Video Cassette Recorder 14 Panasonic AG-RT600AP L9TB00786 Video Cassette Recorder 15 Panasonic AG-RT600AP GOT A02244 Video Cassette Recorder 16 849 JVC SR-9070U 15318238 Video Cassette Recorder 17 HP Laserjet 22000 CNDRB78354 Printer 18 Gateway VX 1120 3017437 Monitor 19 1594 Dell P992 MX08D46647741319807 J Monitor 20 Dell M992 MY04N736476033AGB7Z Monitor 21 HP Deskiet 840C CN0681 ROX8 Printer 22 Dell M780 5322DF93M599 Monitor 23 Dell M782 MX08G15747605257B1C[ Monitor 24 Dell M780 5322DF93MV99 Monitor 25 Dell P1130 MX06D2514 77 411 A67033 Monitor 26 603 Dell D1226H 59119C7FN 158 Monitor 27 Gateway VX920 M106010818 Monitor 28 Dell M780 5322DF93MK99 Monitor 29 Dell P1130 MX06D5477411A6708J Monitor 30 Gateway EV910 19016B171119 Monitor 31 Gateway EV91 0 19016B330915 Monitor 32 Gateway EV700 DU17046A0101957 Monitor 33 Gateway EV91 0 MU19003A0067517 Monitor 34 Dell M780 5322DF93MD99 Monitor 35 ADC 5E S51J 12A065686 Monitor 36 Gatewav EV910C MU19003A0067574 Monitor 37 Gateway EV910B 19016B330905 Monitor 38 899 IBM 6946-00N 2371732 Monitor City of Aventura Computer Equipment Inventory e~'" ;~I' ~ A Page 1 of 1 1013112006 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM DATE: October 26,2006 TO: City Commission FROM: Eric M. Soroka, ICMA-CM, Cit SUBJECT: Recommendation to Increase Purchasing Amount for Competitive Bids 1st Reading November 8,2006 City Commission Meeting Agenda ItemSL 2nd Reading November 16, 2006 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Ordinance which increases the amount required for competitive bids. BACKGROUND Currently, the City's Code of Ordinances provides that expenditures of $15,000 or more require formal competitive bidding and award by the City Commission. This Ordinance was adopted in 1996. As you are aware, the formal competitive bid requirements can result in a lengthy and expensive process. In some cases, this process lends to the public's perception that government moves too slow. I would like to cite a few examples: 1. The cost of installing fencing around the Charter School's campus is $45,000. The competitive bid process will delay the installation by two months and increase the cost due to advertising and the preparation of formal bid documents. 2. The cost of replacing the paver bricks on Turnberry Way that were displaced by the County's Public Works Department in order to repair a water main is $25,000. The competitive bid process has delayed the completion of this work by several months and increased the cost. Based on the foregoing, I feel it is time to reexamine the purchasing level required for competitive bids. It is recommended that the City Commission adopt an Ordinance Memo to City Commission October 26, 2006 Page 2 increasing the level from $15,000 to $50,000 to expedite the important projects on behalf of our residents. Purchases under $50,000 but over $2,500 would still require three quotations from individual vendors. If you have any questions, please feel free to contact me. EMS/act CC01529-06 ORDINANCE NO. 2006- AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA; AMENDING THE CITY CODE BY AMENDING CHAPTER 2 "ADMINISTRA TION" BY AMENDING DIVISION 3 "PURCHASING" BY AMENDING SECTION 2-252 "PUR CHASING GUIDELINES" , SECTION 2-253 "EXE MPTIONS FROM COMPETITIVE FORMAL BIDDING", SECTION 2-256 "A WARD OF PROFESSIONAL SERVICES CONTRACTS"; PROVIDING FOR ENHANCED PURCHASING AUTHORITY, REVISIONS TO EXEMPTIONS FROM COMPETITIVE BIDDING, CLARIFICATION AND UPDATE OF EXISTING PROVISIONS; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in order to improve the efficiency of the purchasing process it is necessary to update the purchasing guidelines and procedures which were initially adopted by the City in 1996; and WHEREAS, the City Commission finds that the adoption of the revised purchasing guidelines and procedures, as set forth herein, is in the best interest of the City. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That each of the above stated recitals are hereby adopted and confirmed. Section 2. City Code Amended. That Chapter 2 "Administrati on" of the City Code is hereby amended by revising Division 3., at Section 2-252 "Purchas ing Guidelines", Section 2-253 "Exemption s from Competitive Formal Bidding", Section 2-256 "Award of Professional Services Contracts", to read as follows: I DIVISION 3. PURCHASING Sec. 2-252. Purchasing Guidelines. (a) Purchases not greater than $2,500.00. Purchases of or contracts for materials, supplies, equipment, improvements or services where the total amount expended is not greater than $2,500.00 may be made or entered into by the City Manager without competitive bidding and without City Commission approval. (b) Purchases of more than $2,500.00 but less than $15,()()().()() $50,000.00. Purchases of or contracts for materials, supplies, equipment, improvements or services where the total amount expended is in excess of $2,500.00, but which is less than $15,000.00 $50.000.00, may be made or entered into by the City Manager without City Commission approval, provided that three quotations are obtained from individual vendors. (c) Purchases of $15,()()().()() $50.000.00 or more. Except as exempted by sections 2- 253 and 2-256, purchases of or contracts for materials, supplies, equipment, improvements or services where the total amount expended is $15,000.00 $50.000.00 or more shall be awarded by the City Commission after formal competitive bidding. Sec. 2-253. Exemptions from Competitive Formal Bidding. The following exemptions from competitive formal bidding are hereby established: (1) Sole source availability. Supplies, equipment or services available from a sole source only may be exempted from the bidding requirements of this division by the City Manager upon the filing of a written request by a department head to the City Manager outlining the conditions and circumstances involved. (2) Purchases made under state contracts or procedures. Purchases made under state purchasing contracts or procedures pursuant to: a. F.S. 9287.042; or b. State General Service Administration Contracts, or Federal, County or other governmental contracts; or c. Cooperative bids with other governmental agencies; or 1/ Proposed additions to existing City Code text are indicated by underline; proposed deletions from existing City Code text are indicated by strikethfEnlgfi. 2 g. Continuing contracts as defined in and authorized by Section 287.055, Florida Statutes; shall be exempt from the competitive bid requirements of this division. (3) Professional services. Contracts of less than $15,QQO.OO $50.000.00 for the professional services of attorneys, physicians, professional consultants, planners, court stenographers, real estate brokers and other professions licensed and regulated by the State, and (if not exempted pursuant to Sec. 2-253 (2)@ above) contracts for those professional services governed by F.S. ~ 287.055, the Consultants Competitive Negotiation Act (the "CCNA") which do not exceed the Category Two CCNA threshold amount which is described in Sec. 287.017 (1) ili), Florida Statutes, may be entered into by the City Manager without formal competitive bidding under this division, unless otherwise required by applicable law. (4) Purchases be/ow minimum amount. Purchases ofless than m,GOO.oo $50,000.00 shall be exempt from the competitive bid requirements, unless otherwise mandated by applicable law. (5) Emergencies. Purchases arising out of or because of emergencies shall be exempt from the competitive bid requirements. Emergencies constitute a situation, occurrence or matter necessitating immediate or quick action and not permitting adequate time to utilize competitive bidding. (6) Impracticability. Under circumstances where competitive bidding is impracticable, including but not limited to situations where time constraints do not permit the preparation of clearly drawn specifications or situations where, after competitive bidding, no bids meeting bid requirements are received, all compliant bids received are too high, or all bids are rejected for failure to meet bid requirements (i.e., bids are noncompliant), such purchases shall be exempt from the competitive bid requirements. Sec. 2-256. Award of Professional Services Contracts. The requests for proposal/requests for qualifications process shall be utilized for the awarding of contracts of $15,000.00 $50,000.00 or more for the professional services of attorneys, physicians, professional consultants, planners, court stenographers, real estate brokers and other professions licensed and regulated by the State, and for professional services governed by F.S. 9 287.055, the Consultants Competitive Negotiation Act (the "CCNA") unless exempt under Sec. 2-253(.f.lli!) above as a continuing contract under the CCNA. All such awards shall be made by a resolution adopted by the majority of the City Commission. The City Commission may, by motion, waive the requirement to utilize requests for proposal/requests for qualifications if it is determined to be in the best interests of the City to do so or as otherwise authorized by law. 3 Section 3. Inclusion in the Code. That it is the intention of the City Conunission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of A ventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "0 rdinance" shall be changed to "Section" or other appropriate word. Section 4. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 5. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by reading. This motion was seconded by as follows: , who moved its adoption on first , and upon being put to a vote, the vote was Commissioner Bob Diamond Commissioner Billy Joel Commissioner Zev Auerbach Commissioner Michael Stem Commissioner Luz DrMez Weinberg Vice Mayor Harry Holzberg Mayor Susan Gottlieb The foregoing Ordinance was offered by Commissioner adoption on second reading. This motion was seconded by Commissioner being put to a vote, the vote was as follows: Commissioner Bob Diamond Commissioner Billy Joel Commissioner Zev Auerbach Commissioner Michael Stem Commissioner Luz DrMez Weinberg Vice Mayor Harry Holzberg Mayor Susan Gottlieb who moved its and upon 4 PASSED AND ADOPTED on first reading this 8th day of November, 2006. PASSED AND ADOPTED on second reading this 16th day of November, 2006. Susan Gottlieb, Mayor ATTEST: Teresa M. Soroka, MMC City Clerk Approved as to Fonn and Legal SUfficienc/! Hfh1 City Attorney 5 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: TO: City Commission BY: DATE: October 26, 2006 SUBJECT: Request of Aventura Land Trust, LLC and Aventura Land Trust 2, LLC for Conditional Use approval to (1) permit a use that exceeds the height limitations and (2) permit an indoor commercial recreation use consisting of a bowling alley, both on a 4.032 acre parcel of land zoned B2, Community Business District, located on NE 207 Street at NE 29 Avenue, City of Aventura and Request to extend the time limit for obtaining a building permit (03-CU-06) November 8, 2006 City Commission Meeting Agenda Item ,A RECOMMENDATION It is recommended that the City Commission: 1. Approve the request for Conditional Use approval to allow a use that measures 16 stories and 180 feet high in the B2, Community Business District, where uses that exceed the height limitation of 12 stories and 120 feet high may be permitted by Code in the B2 zoning district as a conditional use, and 2. Approve the request for Conditional Use approval to allow an indoor commercial recreation use consisting of a bowling alley, where this specific use may be permitted by Code in the B2 zoning district as a conditional use, and 3. Approve a three year time limit for obtaining a building permit for the proposed development, such term to commence on the date of site plan approval, where the Code provides that the time for obtaining a building permit is twelve months from the date of the approving resolution, unless otherwise provided in the approval all on a parcel of land located on the south side of NE 207 Street at NE 29 Avenue, City of Aventura, upon the following conditions: 1. Plans shall substantially comply with those submitted with this application and as listed below: . "City Place at Aventura", Cover Sheet, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Site Images, Sheet AO.OO, 2 pages, prepared by Arquitectonica, signed and sealed 10/16/06. . "City Place at Aventura", Project Information, Sheet AO.01, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventu ra" , Overall First Level Plan, Sheet AO.03a, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. · "City Place at Aventura", Overall Typ. Level Plan, Sheet AO.03b, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . IlCity Place at Aventura", Overall Roof Plan, Sheet AO.03c, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Hotel Level 1, Sheet A 1.01, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. · "City Place at Aventura", Hotel Ballroom Level, Sheet A 1.02, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. · IlCity Place at Aventura", Hotel Fitness Center Level, Sheet A1.03, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. · "City Place at Aventura", Hotel Amenity Level, Sheet A 1.04, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. · "City Place at Aventura", Hotel Typical Level, Sheet A 1.05, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Roof Top Level, Sheet A 1.06, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. · "City Place at Aventura", Office Level, Sheet A2.01, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. · "City Place at Aventura", Office Typical Level, Sheet A2.02, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Office Roof Level, Sheet A2.03, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Parking Garage Level 1, Sheet A3.01, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . IlCity Place at Aventura", Parking Garage Level 2, Sheet A3.02, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . IlCity Place at Aventura", Parking Garage Level 3, Sheet A3.03, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . IlCity Place at Aventura", Parking Garage Typical Level, Sheet A3.04, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. 2 . "City Place at Aventura", Parking Garage Level 9 (Roof), Sheet A3.05, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Loft & Condo Plans, Sheet A4.01, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Townhouse Plans, Sheet A4.10, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Townhouse B & C Plans, Sheet A4.11, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", East Elevation, Sheet A5.01, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", West Elevation, Sheet A5.02, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", North Elevation, Sheet A5.03, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", North Elevation, Sheet A5.04, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Hotel Elevation North, Sheet A5.11, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Hotel Elevation West, Sheet A5.12, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Hotel Elevation East, Sheet A5.13, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Office Elevation North, Sheet A5.20, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Office Elevation West, Sheet A5.21, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Office Elevation South, Sheet A5.22, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Garage Elevation West, Sheet A5.30, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . IlCity Place at Aventura", Townhouse Elevation West, Sheet A5.40, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Towmhouse Back and Side Elevation, Sheet A5.41, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/6/06. . "City Place at Aventura", Loft Elevation East, Sheet A5.42, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . IlCity Place at Aventura", Loft Elevation North, Sheet A5.43, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "Aventura Grand", Overall Landscape Plan, Sheet L-1, prepared by Witkin Design Group, dated July 31, 2006, last revised 10/16/06, signed and sealed 10/16/06. . "Aventura Grand", Landscape Plan, Sheet L-2, prepared by Witkin Design Group, dated July 31, 2006, last revised 10/16/06, signed and sealed 10/16/06. . IlAventura Grand", Landscape Plan, Sheet L-3, prepared by Witkin Design Group, dated July 31,2006, last revised 10/16/06, signed and sealed 10/16/06. 3 . "Aventura Grand", Landscape Plan, Sheet L-4, prepared by Witkin Design Group, dated July 31, 2006, last revised 10/16/06, signed and sealed 10/16/06. . "Aventura Grand", Landscape Plan. Sheet L-5, prepared by Witkin Design Group, dated July 31,2006, last revised 10/16/06, signed and sealed 10/16/06. . "Skyrise Site (Overall", AL TAlACSM Land Title Survey. Sheet 1 of 2, prepared by Fortin, Leavy, Skiles Inc., dated July 14, 2006, revised, signed and sealed July 14, 2006. . "Skyrise Site (Overall", AL TAlACSM Land Title Survey, Sheet 2 of 2, prepared by Fortin, Leavy, Skiles Inc., dated July 14, 2006, revised, signed and sealed July 14. 2006. . "Aventura Grand", Conceptual Utility and Drainage Plan, Sheet 1 of 1, prepared by Fortin, Leavy, Skiles, Inc., dated July 28, 2006, revised, signed and sealed September 15, 2006. . "Aventura Grand", Conceptual Roadway Improvements, Sheet 1 of 1. prepared by Fortin, Leavy, Skiles, Inc., dated July 18, 2006, signed and sealed 10/26/06. 2. That the hotel be of quality similar to 4-diamond MA or 4-star travel industry rating which includes upscale, refined and stylish accommodations, landscaped grounds and an enhanced level of quality throughout with an extensive array of amenities combined with a high degree of hospitality, service and attention to detail. 3. That the bowling alley shall be an upscale, themed bowling/entertainment establishment similar in design to the high-end themed bowling alleys in the City of Miami Beach Lincoln Road area and in the Dolphin Mall. 4. That no outdoor music or loudspeakers be allowed at the proposed bowling alley, hotel, restaurants or other commercial establishment in the 82 zoned parcel between the hours of 9 p.m. to 12 noon on weekdays and 11 p.m. to 12 noon on weekends. In the event that the City Manager or his designee determines that outdoor music or loudspeakers played between these hours has created and/or is creating a nuisance to the community, the applicant shall be notified by the City of such disturbance and agrees that these hours may be further restricted by and at the discretion of the City Manager or his designee. 5. That no outdoor service of alcoholic beverages be allowed at any outdoor seating areas in the B2 parcel between the hours of 9 p.m. to 12 noon on weekdays and 11 p.m. to 12 noon on weekends. In the event that the City Manager or his designee determines that outdoor service of alcoholic beverages between these hours has created and/or is creating a nuisance to the community, the applicant shall be notified by the City of such disturbance and agrees that these hours may be further restricted by and at the discretion of the City Manager or his designee. 6. That an age restriction of 21 after 9 p.m. be established for the proposed bowling alley. 4 7. That the three year period of time in which to obtain building permits may be extended at the discretion of the City Manager for a further one year period upon written request by the applicant to the City Manager prior to the expiration date of the initial three year approval period and upon showing of good cause by the applicant. 8. Any discontinuation of an approved conditional use for a period of 180 consecutive days shall constitute abandonment and shall rescind the approval of the conditional use. THE REQUEST The applicant, Aventura Land Trust, LLC and Aventura Land Trust 2, LLC, is requesting: 1. Conditional Use approval to allow a use that measures 16 stories and 180 feet high in the B2, Community Business District, where uses that exceed the height limitation of 12 stories and 120 feet high may be permitted by Code in the B2 zoning district as a conditional use, and 2. Conditional Use approval to allow an indoor commercial recreation use consisting of a bowling alley, where this specific use may be permitted by Code in the B2 zoning district as a conditional use, and 3. Request for a five year time limit for obtaining a building permit for the proposed development, such term to commence on the date of site plan approval, where the Code provides that the time for obtaining a building permit is twelve months from the date of the approving resolution, unless otherwise provided in the approval on a parcel of land located on the south side of NE 207 at NE 29 Avenue, City of Aventura. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Aventura Land Trust, LLC and Aventura Land Trust 2, LLC APPLICANT Aventura Land Trust, LLC and Aventura Land Trust 2, LLC ADDRESS OF PROPERTY south side of NE 207 Street between NE 29 Avenue and NE 30 Avenue See Exhibit #2 for Location Plan LEGAL DESCRIPTION See Exhibit #3 for Legal Description SIZE OF PROPERTY Total Parcel: 7.391 acres 5 EXISTING ZONING B2 Parcel: 4.032 acres 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 OP Office Park District B2 Community Business District and CF Community Facilities RMF3A Multifamily Medium Density Residential District 1 B2 Community Business District Vacant Office Buildings Commercial Plaza and Synagogue/School Vacant Commercial Plaza 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: Property to the West: Business and Office Business and Office Business and Office Medium-High Density Residential2 Business and Office The Site - The subject site is located on the south side of NE 207 Street between NE 29 Avenue to the west and NE 30 Avenue to the east. The Project - The applicant has submitted an application for administrative site plan approval to develop a mixed-use development on its 7.391 acre site on the south side of NE 207 Street between NE 29 Avenue and NE 30 Avenue. The residential development on the easterly portion of the site consists of 36 3-level town homes and a 68 unit, 7- level mid-rise building containing town homes and loft apartments. The commercial development on the westerly portion of the site consists of a 16 level, 180 foot tall hotel, an 8 level, 90 foot tall parking garage and an 8 level, 120 foot tall office building. The hotel, office and garage will contain ground level retail, recreational and restaurant uses along a landscaped main street. The mid-rise building on the residential portion is 1 Pending fulfillment of conditions of Ordinance No. 2006-15 2 Pending effective date of Ordinance No. 2006-14 6 designed around the parking garage to screen the garage from the residential units. Landscaped open space fronting on NE 207 Street will be maintained by the applicant with benches, walkway and fountain. The applicant has proffered a covenant for maintenance of this area as landscaped open space. The maximum permitted height in the B2 zoning district is 12 stories or 120 feet. The proposed hotel is 16 stories and 180 feet high. The B2 zone provides that any use exceeding the height limitation may be approved as a conditional use. The applicant proposes an 18-lane bowling alley with a 3,000 square foot restaurant and 1,500 square foot bar area within a 23,130 square foot commercial/retail space on the ground floor of the parking garage accessed by way of the main street through the commercial portion. The B2 zone provides that indoor commercial recreation uses, including a bowling alley, may be approved as a conditional use. The applicant advises that this will be a high-end themed bowling alley similar in design to the themed bowling alleys in the Lincoln Road area in the City of Miami Beach and in the Dolphin Mall, with high-tech video screens and gourmet foods. The applicant has also requested that the time limit in which to obtain a building permit be set at five (5) years from the date of the site plan approval and has submitted a construction phasing plan attached as Exhibit #4. Section 31-73(e)(2) of the City Code states that "unless otherwise provided in the approval, the approval of a conditional use application shall be void if the recipient does not obtain a building permit for the proposed development within 12 months after the date of the approved resolution...". This section of the Code gives discretion to the City Commission to set an expiration date greater than one year. Based on the phasing plan, this development will take place over the next 7+ years. Background - The property subject of this application is part of a larger parcel owned by Aventura Land Trust, LLC and Aventura Land Trust 2, LLC on the south side of NE 207 Street between NE 29 Avenue and NE 30 Avenue. The total landholding is 7.391 acres. The easterly 3.359 acres was recently changed from B2 zoning to RMF3A zoning to permit the residential uses. The westerly 4.032 acres remains as B2 zoning and will contain the garage, hotel and office buildings. ANALYSIS OF THE REQUESTS 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 B2 (Community Business) District. The permitted height in this zone is 12 stories or 120 feet, except that uses exceeding the height limit are allowed following conditional use approval by the City Commission. Indoor commercial recreation uses, including a bowling alley, are allowed in this zone following conditional use approval by the City Commission. An extended period of time in which to obtain building permits is 7 authorized, at the discretion of the City Commission, by the conditional use section of the City Code. 1. Reauest for Conditional Use AQProval for a use that exceeds the heiqlll limitations in the B2, Community Business District. Criteria The guidelines for approval of conditional uses as required by Section 31-73(c) of the City's Land Development Regulation states: IIGeneral Standards of review. In addition to the standards set forth in these LDRs for the particular use, all proposed conditional uses shall meet each of the following standards:" (a) The proposed use shall be consistent with the comprehensive plan. The proposed hotel use is consistent with the City of Aventura Comprehensive Plan, which designates the future land use category for this site as Business and Office. The Business and Office land use designation provides that the specific range and intensity of uses appropriate in a particular Business and Office property is dependent upon, among other things, the provisions of the applicable land development regulations which serve to implement the comprehensive plan. The land development regulations for the Community Business zone provides that heights greater than 12 stories and 120 feet may be approved as a conditional use. (b) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. The proposed hotel use will not be detrimental to or endanger the public health, safety or general welfare. The building is located at the northwesterly limit of the property. The entrance to the building is by way of NE 29 Avenue. (c) The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The proposed hotel use is consistent with the community character of the immediate neighborhood. There are existing commercial uses to the west, office uses to the north and residential uses to the east. (d) Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of these LDRs. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services exist at the City's adopted levels of service. 8 (e) Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Adequate measures have been taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. The proposed entrance to the hotel is from NE 29 Avenue. No entrance is planned onto NE 207 Street. There is an existing left turn lane from NE 207 Street onto NE 29 Avenue. m The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The establishment of the conditional use will not impede the development of surrounding properties for uses permitted in the zoning district. (g) The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The proposed building has been designed to minimize adverse effects, including visual impacts, of the proposed use on adjacent property. The hotel has been located as far west as possible from the proposed and existing residential uses and as far north as possible from the existing religious facility to the south. The proposed location of the driveway to the hotel on NE 29 Avenue will ensure that hotel traffic will not impact the proposed and existing residential developments to the east and northeast. The area to the north of the hotel building will be maintained by the applicant as landscaped open space with benches, fountains and walkways to further minimize visual impact. 2. Reauest for Conditional Use AJ1proval for an indoor commercial recreation use .(bowlina alley) in the B2. Community Business District. Criteria The guidelines for approval of conditional uses as required by Section 31-73(c) of the City's Land Development Regulation states: "General Standards of review. In addition to the standards set forth in these LORs for the particular use, all proposed conditional uses shall meet each of the following standards:" (h) The proposed use shall be consistent with the comprehensive plan. The proposed bowling alley use is consistent with the City of Aventura Comprehensive Plan, which designates the future land use category for this site as Business and Office. The Business and Office land use designation provides that the specific range and intensity of uses appropriate in a particular Business and Office property is dependent upon, among other things, the provisions of the applicable land development regulations which serve to implement the comprehensive plan. The land development regulations 9 for the Community Business zone provides that indoor commercial recreation uses, including a bowling alley, may be approved as a conditional use. (i) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. The proposed use will not be detrimental to or endanger the public health, safety or general welfare. The bowling alley is proposed on the ground floor of the parking garage, facing west onto the main street of the commercial portion of the site. The applicant proposes an upscale, themed bowling/entertainment establishment similar to the high-end bowling alleys in the Lincoln Road area of the City of Miami Beach and in the Dolphin Mall. Staff has visited the existing similarly themed bowling alley in the City of Miami Beach and finds that it is an upscale business providing a recreational amenity for the public. Pictures of the interior of a similar facility are attached as Exhibit #5. The City of Miami Beach Police Department has reported to our City's Police Department that the facility in the City of Miami Beach is an upscale establishment with very few incidents. Staff recommends conditions restricting hours for outdoor music and outdoor alcoholic beverage service and restricted admittance after 9 p.m. similar to the existing bowling lanes to ensure the public health, safety and welfare. OJ The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The proposed use is consistent with the community character of the immediate neighborhood. This is a recreational amenity that will serve the existing and proposed uses in the immediate neighborhood. (k) Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of these LDRs. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services exist at the City's adopted levels of service. (I) Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Adequate measures have been taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. The proposed entrance to the commercial portion of the site is from NE 29 Avenue. No entrance is planned onto NE 207 Street. There is an existing left turn lane from NE 207 Street onto NE 29 Avenue. Pedestrian access will be constructed by the applicant from the proposed residential portion of this site and from the surrounding developments to this commercial use. 10 (m)The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The establishment of the conditional use will not impede the development of surrounding properties for uses permitted in the zoning district. (n) The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent properly through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The proposed use has been designed to minimize adverse effects, including visual impacts, of the proposed use on adjacent property. The bowling alley is located on the ground floor of the parking garage within the commercial portion of the site. Its entrance will face west onto the commercial main street and will be part of other commercial and retail uses along this main street. The use will not be visible from the proposed residential portion of the site or from existing residential development to the east. Pedestrian access is by way of sidewalks on NE 207 Street, NE 29 Avenue, NE 30 Avenue and by way of connection to the proposed residential portion of the site. The landscaped main street will have 10 foot wide sidewalks for pedestrian comfort. The area to the north of the parking garage, in which this bowling alley is located, will be maintained by the applicant as landscaped open space with benches, fountains and walkways to further minimize visual impact. 3. Request to allow a time limit of five (ID years from the date of the aQ,Provinq resolution to obtain a buildina permit for the development. Section 31-73(e)(2) of the City Code states that "unless otherwise provided in the approval, the approval of a conditional use application shall be void if the recipient does not obtain a building permit for the proposed development within 12 months after the date of the approved resolution...". This section of the Code gives discretion to the City Commission to set an expiration date greater than one year. The applicant has requested a five year approval time for the conditional uses due to the size of the development and the proposed construction phasing plan. The construction phasing plan is attached as Exhibit #4. If built as proposed on this phasing plan, the development will occur over the next 7+ years. Staff recommends that the City Commission approve a three year approval period which will allow time to build Phase 1 as proposed in the phasing plan and begin application for building permits for Phase 2. Staff also recommends that the approval provide that the applicant may apply to the City Manager prior to expiry of this three year term to extend the approval for a further one year period upon showing of good cause. Additional extensions of the approval past the four years may be granted at the discretion of the City Commission. 11 10-27-06 08:01am From-Bi Izin ~05 375 6146 T-075 P.002/004 F-425 C) B.lzin Sumberg /-IT '(n~NEY~ AT LAW Brian S. Adler, Esquire Direct Dial; (305) 350.2351 Direct Fax: (305) 351.2206 Email: badler@bilzin.com October 27,2006 IA FACSIMILE Exhibit 1 03-CU-06 Joanne Carr City of Aventura Government Center 19200 W, Country Club Drive, 4th Floor Aventura, Florida 33180 Re: Aventura Grand Public Hearing Application for Conditional Use Property located at SW Corner of NE 30th Avenue and WatelWays Boulevard C'Property") Dear Ms. Carr: AMENDED CONDITIONAL USE lETTER OF INTENT Please consider this our formal letter of intent in connection with an application for conditional use approval in the City of Aventura. This firm represents Aventura Land Trust! LLC and Aventura Land Trust 2, LLC as the respective owners (collectively "Aventura Land Trust") of portions of the Property, The Property is located at the SW corner of NE 30111 Avenue and Waterways Boulevard. Aventura Land Trust proposes to develop the Property with an overall mixed use development consisting of residential, retail, office, hotel and a bowling alley. Hotel As part of the overall development, our client proposes a 16 story, 180 foot hotel on the 82 portion of the Property, Under the City Code, hotels up to 12 stories are permitted uses, and hotels from 13 to 20 stories are permitted as a conditional use after public hearing, The locatIon of the proposed hotel is on the portion of the Property nearest to US1 and furthest away from the residential communities to the east and the northeast. Therefore, the hotel has been strategically located to be the least intrusive into the neighboring residential area, and to integrate with the office development to the north and the commercial development to the south and west. In fact, the proposed circulation of the site and the location of the driveways ensure that there is no need for the hotel patrons to enter into or impact the existing neighboring residential communities. Further, with the proposed office and residential development on the Property, the hotel i:s a logical BII.ZIN ~IFlldi9t(~~.~A6"~~d(8~ AXELROD LLP 200 S. Bi cayne Boulevard, Suite 2500, Miami, rl. $$131.5340 Ti:1305.374,7580 !=ax 305,374,7!;i93 'IvVvwbil;'il1.r.nm 10-27-06 08:01am From-Bi Izin 305 375 6146 T-075 P.003/004 F-425 oanne Carr ctober 277 2006 age 2 ddition to the proposed site plan by affording location for both persons on business at the eighboring office buildings and for guests of residents of the proposed and neighboring 'esidential communities to stay without the need for independent transportation. The developer is seeking to develop a luxurious hotel with a fitness center and spa and ther amenities. Our client is proposing comfortable size rooms, with standard hotel rooms at 495 quare feet and suites at 960 square feet. In order to accommodate the requisite amenities xpected in today's market for hotels of this caliber without compromising the square footage of he rooms or requisite parking, retail and lobby areas. it is difficult to achieve this in a 12 story, 120 oot high hotel. Therefore, our client is requesting conditional use approval to permit a 16 story, 180 foot hotel. Bowlin~ Alley In addition, our client is seeking conditional use approval for the utilization of the commercial space at the ground level of the garage for a bowling alley. The proposed garage is located in the center of the Property. Our client is looking to bring a high-end themed bowling alley to the City of Aventura. These types of bowling alleys are marketed more as high-end recreational uses with high-tech video screens and gourmet foods, as opposed to a traditional bowling alley. Upscale themed bowling alleys are recent additions to both the City of Miami Beach Lincoln Road area and the Dolphin Mall. Our client is seeking a similar bowling alley on the project. These bowling alleys offer a social alternative to movies or standard restaurants and bars, Known for their chic atmosphere rather than traditional bowling scenery, these uses are a new trend in high-end bowling alleys that have been known to attract celebrities and trendy clientele. Conditional Use Standards The location, design and configuration of the proposed hotel and bowling alley minimize any impact to the neighborIng property. Further, the proposed uses are consistent with the City's comprehensive plan, will not be detrimental or endanger the public's health, safety or general welfare, is consistent with the community character of the immediate neighborhood of the proposed use, will provide the requisite utilities, roadway capacity, drainage, and other necessary public facilities as detailed in the certification from Fortin Leavy and Skiles, Inc., and the traffic report prepared by David Plummer and Associates, provides for adequate ingress and egress to the proposed site, will not impede development of the surrounding property in that surrounding properties are already developed, and has been designed to minimize the effects on the adjacent properties. Additionally, due to the size of the development, our client is seeking to construct the development in phases. In order to create the surrounding integrated uses to support the demand for the hotel, our client is looking to construct the hotel as the final phase of the development. Therefore, in accordance with section 31-71 (1) of the City Code, our client is also requesting that the City Commission grant the requested conditional use approvals for a period of five (5) years. MIAMI 11926]0.1 7692825653 (:,2) e LZIN SUM~E:AG BAENA pi=-lICE & AXELROO LLP 10-27-06 08:01am From-Bi Izin 305 375 6146 T-075 P.004/004 F-425 oanne Carr ctober 27, 2006 age 3 Summary Based on the foregoing, the proposed conditional use meets the requirements of the City f Aventura Code Section 31-73, and will be an enhancement to the already high-end image njoyed by the City. Should you have any questions regarding the above, please do not hesitate to contact me at 305-350-2351, Very truly yours, ~ BSA/ka Attachment MIAMlI1926JO, I 7692825653 t:.."'2J B LZIN SUM BERG SAENA PRICE & AXELROD LLP , BROWARD COUNTY 11-'_'_'-' ." DADE COUNTY:' " , '. t o. o .. o o. I ,. I " I " I " I .. o " , o. o o. , " I .. o " I " I " , " I " IVES DAIRY RD. :. " o " o " I " , I. I " I o. , '. , " I '. , '. o " I " , o. I - ,. I '. t '. , " , " I " I '. , '. , '. I I. t ,. I I. I '. , '. , '. I " I '1 I MIAMI :1 GARDENS DR. :1 >= ~ I W X Cl ~ , \ J n'"~I-'-'-'- :l- ............. ...... PI'" .....,..., ft... ...... Gulfstrealll YACHT CLUB DR. I Park I MARINA I COVE I WAY CIRCLE : ~. \N\:t\ '-N~'{ : ~~ I . AI'ell/llm . Hospital ~ & Meclim{ iif Celller I.J.J Cll c5 Site ~ Q:) w ~ The g) Promenade Shops 203 ST. L-J~ (\J ...-------/) ( (ui i > !<{ \ i ~ \ \ -' \ -J Waterways WATERWAYS BLVD Shoppes 207 ST. 201 TEA. AVENTURA ~\..'~Q. Fire I D Rescue Aventura Station Library Aventura Mall Loehmann's Fashion ui Island ~ 0> (\J 190 8T. 188 ST. LEGEND ...... .:::Jg1;'~~':~' Exhibit #2 03-CU-06 fh I Cl > ..J OJ Z <( W () o 192 8T. ci > ....J OJ :2 l5 () o Atlantic Ocean e Roadways City Boundary ZIP Code Boundary Railroad LEGAL DESCRIPTION: Exhibit #3 03-CU-06 PARCEL 1 Lots 7 through 42, Block 18, HALLANDALE PARK No 8, including the ten (10) fool alleys that ore South of 0 line 81.00 feet South of and parallel/concentnc with the North nght-af-way line of Waterways Boulevard, lying within said Block 18, according to the Plat thereof, as recorded in Plot Book 20 at Page 49 of the Public Records of Miami-Dade County, Florida, AND Tract 1, LAURANNA. according to the Plot thereof, os recorded in Plat Book 76 at Page 31 of the Public Records of Miami-Dade County, Flonda, PARCEL 2. . . Lots 1, 2, and 6 through 42, Block 17, HALLANDALE PARK No.8, including the portions the ten (10) foot alleys lying within said Block 17, which were vacated by Resolution No 2001-11. recorded August 21, 2000, in Official Records Book 19247, Page 4677. according to the Plat thereof, os recorded in Plot Book 20 at Page 49 of the Public Records of Miami-Dade County, Florida, AND Tract 1, Block 17, REPLAT OF A PORTION OF HALLANDALE PARK No 8, according to the Plat thereof, os recorded in Plot Book 40 at Page 97 of the Public Records of Miami-Dade County, Florida, AND That portion of the North One-half of NE. 205th street abandoned by Resolution No 2000-11 recorded in ORB 19247 at Page 4677 of said Public Records of Miami-Dade County, Florida, PARCEL 3 That portion of NE. 206th Street bounded on the North by Block 18 and bounded on the South by Block 17 and bounded on the East by the West nght-of-way line of N.E 30th Avenue (East Dixie Highway) and bounded on the West by the East right-of-way line of N E 29th Avenue (Harvard Avenue), 011 being os shown on HALLANDALE PARK No 8, according to the Plat thereof, as recorded in Plot Book 20 at Page 49 of the PubliC Records of Miami-Dade County, Florida. PARCEL 4 A portion of land bounded by on the North by 0 line 8100 feet South of and parallel or concentric with the North line of Waterways 'Boulevard os shown on AVENTURA CORPORATE CENTER, according to the plat thereof, as recorded in Plot Book 158, Page 47, and bounded on the South by the North line of Block 18, HALLANDALE PARK NO.8, according to the plot thereof, os recorded in Plot Book 20 at Page 49, 011 being of the Public Records of Miami-Dade County, Florida, lying and being in the City of Aventura and being more particularly described os follows Commence at the Southwest corner of Lot 26, of said Block 18; thence NOO'56'26"W along the East right of way line of NE. 29th Avenue os shown on said Plot Book 20 at Page 49, also being the West line of SOld Block 18 for 7687 feet to 0 pOint of curvature and the most Westerly Northwest corner of said Lot 26, also being the POINT OF BEGINNING of the hereinafter decribed parcel of land; thence Northeasterly along a 2500 foot radius curve, leading to the right, through 0 central angle of 91'06'02" for an arc distance of 3975 to 0 point of tangency; thence 5 89'50'24" E along the North line of said Block 18 and the Easterly extension thereof for 474.99 feet to 0 point on 0 circular curve, concave to the Northeast and whose radius point bears N06' 44'26"[, the following two courses being along a line 81.00 feet South of and parallel or concentric With said North line of Waterways Boulevard; (1) thence Northwesterly along a 151900 foot rod,us curve leading to the right, through 0 central angle af 07"14'58" for an arc distance af 19220 feet to 0 point of tangency; (2) thence N76'00'36"W for 29040 feet to a point of curvature; thence Southwesterly along a 25.00 foot radius curve, leading to the left, through a central angle of 104'55'50" for on arc distance 45.78 feet to a pOint of tangency; thence SOO'56'26"E along the Northerly extension of the said East right of way line of N.E 29th Avenue for 10419 feet to the POINT OF BEGINNING. PARCEL 5 That portion of a 10 foot alley adjacent to Lot 1 & Lot 42, Block 17 Hallandale Park No. 8 plot book 20, page 49 Public Records of Miami-Dade County, Florida, lying and being in Section 34, Township 51 South, Range 42 East City of Aventura, Miami-Dade County Florida and being more particularly described as follows: Begin at the northwest corner of said Lot 1; thence SOO'52'30"E along the west line of said Lot 1 for 32.21 feet; thence N89'52'37"W along the westerly extension of the southerly Ime of said Lot 1 for 10.00 feet; thence NOO'52'30"W along the easterly line of said Lot 42 for 3221 feet to the northeast corner 01 said Lot 42; thence 589'52"03"[ along the southerly right-at-way line of NE. 206th street as shown on said plat of Hallandole Pork No. 8 for 10.00 feet to the point of beginning. EXHIBIT #4 03-CU-05 CITY PLACE AT AVENTURA Phasing Plan Proposed by Applicant 10.26.06 Phase 1: Office building and 5 levels of parking garage to provide the required office parking and the associated civil permits for road improvements for the road in front of the office building to the garage entry and landscaping of the office building. This phase will obtain a building permit within 12 months of the site plan approval. Phase 2: The remaining 3 levels of the garage, the garage Level 1 retail and the townhouse B and loft units that line the east and north sides of the garage as well as the townhouse B access road to NE 30 Avenue and associated civil permits for road improvements on NE 30 Avenue and landscaping. The landscaping of the triangular area along NE 207 Street will also be done during this phase. This phase will obtain a building permit within 12 months of the completion of Phase 1. Phase 3: The 36 townhouse A units and the final townhouse access road (as shown on the overall site plan) and associated civil permits for road improvements and landscaping. This phase will obtain a building permit within 12 months of the completion of Phase 2. Phase 4: The hotel and the balance of the landscaping and roadworks. This phase will obtain a building permit within 12 months of the completion of Phase 3. Exhibit 5 03-CU-06 Sample Interior Pictures from www.bowlluckystrike.com ._._'_."....~'_.~"~'~.,~.,"'-"---,- APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant 10 SecliOl1 J I-II(D)\L)(I) 01 Hie 'vlly OJ flVellIurd Ld/IU uevelO~llIelll 'voue, [IllS i'\~~IICallI r\e~reSelllalive i'\HlUavl! IS hereby made and submllled The undersigned authorized representalive oj the individual or entity applying jor the Development PermiC which IS Iden!illed In the accompanying application, and the owner of the property subject to the application (if different) hereby Iisls and Identifies all persons representing the individual or enlily applYing for the Developmenl Permit In conneclion wilh the application, as follows Name Relationship (i. e. Attorneys, Architects, Landscape Architects, Engineers, Lobbyists, Etc) Yizhak T oledano Developer Alex Tukh Project Manager Stanley B. Price Attorney Brian S. Adler Attorney Anne Cotter Architect Bernardo Fort-Brescia Architect Diego Delgado Assistant to Architect Carl Skiles Engineer Timothy Plummer Traffic Engineer Andrew Witkin landscape Architect Kelly Hults Landscape Architect (Allach Addillonal Sheets Ij Necessary) 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)(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. WITNESS MY HAND THIS (otvl DAY Of ~,2006. AUTHORIZED REPRESENTATIVE OF APPLICANT: OWNER (Signature) By: By (Print) nature) Name: Alex Tukh, Proiect Manaqer and Authorized Siqnator (Print) Aventura Land Trust LLC and Aventura Land Trusl2, LLC Name: Title: Address: Address: 3624 Estate Oak Circle Ft. Lauderdale, FL 33312 MIAMI 1 090272.3 7692825653 STATE OF FLORIDA COUNTY OF MlCllY1( -{)UOt Before me the undersigned authority personally appeared Alex T ukh as th an r of A ven!ura Land Trust, LLC and Aven!ura Land Trust 2, LLC the owner of a portion of and !he contrac! purchaser of a ponlo o!h operty subject to the application, who being firs! by me duly sworn, did swear or affirm thaI he/she execu!ed this Affidavit for the rpo s stated therein and thaI i! is true and corree! Alex T ukh, roj I M nager and Authorized Signator Aventura Land Trust, LLC and Avenlur Trust 2, LLC SWORN TO AND SUBSCRIBED BEFORE ME this~ay of ~, 2006. \\1111,/ b' ~,~~~~.y.~.~~\ Kyra Al arracm ~ ~( rA'~ ~ Co1D1l1ission # DD348962 :~'~.~:r~piN' AUe 22 2008 .,.,,'9^......~...~ CA .1\.$, 't' 'It OF f\.\)\' '1/111111\\\ wv..wAAJ.o\NOTARYcorn MIAMI 1 090272.3 7692825653 BUSINESS RElA TrONSHIP AFFIDA VIT* This Mdavil is made pursuanl to Seclion 31-71(b)(2)(ii) of lhe Cily of Avenlura land Developmenl Code. The undersigned Affiant hereby discloses Ihal (mark With\'X''jplicable portions only) !(:. Affiant does no! have a Business Relationship with any member of lne City Commission or any Cily Advisory Board to which the appllcalion will be presented [ ] 2 Afflanl hereby discloses lhal i! does have a BUSiness Relallonship wilh a member ollhe 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) i Member of City Commission or Board holds an ownership intereslln excess of 1 % of toial assels or capital slock of Applicant or Representative; [ ] II Member of City CommiSSion or Board IS a partner, co-shareholder (as to shares of a corporal Ion which are no! listed on any nalional or regional slock exchange) or JOlnl venturer With the Applicant or Represenlallve in any bUSiness venture; [ ] iil The Applicant or Representative is a Client of a member of the City CommiSSion or Board or a Clien! of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ ] IV. A Cily Commissioner or Board member is a Client of Ihe Applicant or Representative: [] v. The Applicant or Representative IS a Customer of the member of the City Commission or Board (or of hiS or her employer) and transacts more than $10,00000 of the business of the member of Ihe 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 01 the ApplIcant or Representative and transacts more than $25,00000 of the business of the Applicant or Representative in a given calendar year AND THIS 1 g' DAY Of 3'1,,\, ~ Y , 200E By (Signature) Name Yizhak T 01 danG (Prinf) Aventura Land Trust, LC and Avenlura Land Trusl2, LLC ~ DAY OF PROPERTY OWNER: "StJ.. \{ ,2006. By: (Signature) Name Yizhak T oled no (Print) Aventura Land Trust, l C and Avenlura land Trust 2, LlC 'The terms "Business RelatJonship," "Client, " "Customer," "Applicant, " 'Representative" and "Interested Person" are defined in Section 2.395 of the Aventura City Code. MIAMI 1 090272.4 7692825653 STATE OF FLORIDA ~ COUNTY OF ~te~~ NOT ARIZA nON PROVISION Before me, the undersi9ned authonty, personally appeared Ylzhak T oledano execuled this AffJdavil lor the purposes stated therein and that it is true and correcl the Affiant, who bei first by me duly swom, did swear or affirm thai he/she Ylzhak T oledan Owner SWORN TO AND SUBSCRIBED belme me th' J ~ day 01 JiA \ t- 2006 ~ Nota1{~~~artt~~ La~e Pnnled Name of Notary ~ My commISsion expires "5 b t -~'-~-'._---.___._'n__ _ ____________________.___.._____ J~"'fI~ ALEXANDER TUKH ~.i MY COMMISSION II D0552974 'fit or f\tI~ EXPIRES: May 16,2010 (4071 398.{)153 Florida Notary Sarvica.com -.__..._---_.__..._-~._._------ STATE OF FLORIDA COUNTY OF Before me, the undersigned ault1on~, personally appeared Alex T ukh the Affiant, who being first by me duly sworn, did swear or affirm that he/she execuled thiS Affidavit for the purposes stated therein and that it is true and correct Alex T ukh, Project Manager SWORN TO AND SUBSCRIBED belore me this _ day or ,2006 Notary Public State of Florida At Large . Printed Name of Notary My commission expires STATE OF FLORIDA ) COUNTY OF MIAMI.DADE) .-----.--n...--.------..-.-n-..-__..__..__._._._h.___.nn_.---------n-.--------h-------.---________._____.__nnnn__...------..._..._h_._...._____.__ Before me, the under.;igned authority, personally appeared Stan lev B. Price affirm that he/she executed this Affidavit for the purposes staled therein and that It IS true and correct the Affiant, who being first by me duly swom, did swear or Stanley B. Pnce, Attomey SWORN TO AND SUBSCRIBED before me lhis _ day of , 2006. Notary PubliC State of Florida At Large Prinled Name of Notary My commiSSion expires STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) -..--..-----..----.---.---.--.-----.--------.-------.-.--.--.---.---.--....--.---.-.-...-..-.---------..---...-........---.-.----...--..--.---.-.----.------ Before me, the undersigned authon~. personally appeared Brian SAdler affirm that he/she execllted this AffIdavit for the purposes stated therein and thai it IS true and correct the Affiant, who being first by me duly swom, did swear or Brian S. Adler, Attorney SWORN TO AND SUBSCRIBED before me th~ _ day of ,2006 Nolary PubliC State of Florida Al Large MIAMI 1 090272.4 7692825653 Prmted Name of Notary BUSINESS RELATIONSHIP AFFIDA VIT* This AffIdavllls made pursuanllo Secllon 31-71 (b )(2)(11) 01 the City of A ventura Land Development Code The undersigned Affiant hereby discloses lhat (mark With "x' applicable portions only) ~~ Affiant does not have a BUSiness Relalionshlp with any member of the City Commission or any Clly Advisory Board to which the application will be presented [ ] 2. Affiant hereby discloses thaI II 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 (lIsl Clly Commission or Clly Advisory Board upon which member serves) The nature of the BUSiness Relationship IS as lollows I] i Member of City Commission or Board holds an ownership inlereslm excess of 1 % of total assets or capital stock of Applicant or Representative; [] ii Member of Cily Commission or Board is a partner, co-shareholder (as to shares 0/ a corporation which are not lisled on any national or regional stock exchange) or join! venlurer with the Applicant or Representative in any bUSiness venture; [ ] ill The Applicanl or Representalive is a Client of a member of the City Commission or Board or a Client of anal her professional working Irom 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 City Commission or Board (or of his or her employer) and transacts more than $10,00000 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year, I] vi The member oj the City Commission or Board IS a Customer of lhe Applicanl or Representative and transacts more than $25,0000001 the business oj lhe Applicant or Representative in a given calendar year. NDTHIS~AYOF ~,2006 By (Signature) Name (Pnnt) Tille (Print) WITNESS MY HAND THIS _ DAY OF PROPERTY OWNER: ,2006. By: Name: Title . (Signature) (Print) (Print) *The terms "Business Relationship," "Client," "Customer," "Applicant," "Representative" and "Interested Person" are defmed in Section 2.395 of the A ventura City Code. MIAMI 1 090272.3 7692825653 BUSINESS RELATIONSHIP AFFIDAVIT* This AftldaVlt is made pursuanl to Seclion 31-71 (b )(2)(11) ollhe City of A venlura land Development Code. The undersigned Afflan1 hereby discloses thaI (mark with "x" applicable portions only) ~ 1 AHiant does not have a BUSiness Relationship With any member of lhe City CommiSSion or any Clly AdvIsory Board 10 which the application will be presented I ] 2 Affiant hereby discloses that It does have a Business Relationship wJ1h a member of the City CommiSSion or a City Advisory Board 10 which the application will be presenled, as follows (Lis! 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 assels or capital stock of Applicant or Representative; [] II Member of City Commission or Board IS a partner, co-shareholder (as to shares of a corporation which are not lisled on any national or regional stock exchange) or Joinl venturer with lhe Applicant or Representative in any business venture, I ] III. The Applicant or Representative is a Cllenl of a member of the Cily Commission or Board or a Client of another professional working from the same oftlce or for the same employer as the member of the City Commission or Board, [ ] IV. A Clly Commissioner or Board member is a Client of the Applicant or Represenlatlve, [ ) v The Applicant or Representative is a Customer of the member of the Cily Commission or Board (or of his or her employer) and transacts more than $10,00000 of the bUSiness of the member of the CJ1y Commission or Board (or his or her employer) in a given calendar year; [] VI. The member of the City Commission or Board is a Cuslomer of the Applicant or Representative and transacts more than $25,00000 of the business of lhe Appllcanl or Representative in a given calendar year I O~AY Of ~. 2006 (Signature) (Prinl) (Print) WITNESS MY HAND THIS DAY OF ,2006. PROPERTY OWNER By Name. Tille (Signature) (Pnnt) (Pnnt) *The terms "Business Relationship, II "Client, /} "Customer," "Applicant," "Representative" and "Interested Person'l are defined in SectIOn 2-395 of the A ventura City Code. MIAMI 1090272.3 7692825653 BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuanlto Section 31-71(b)(2)(Ii) of the City oj Avenlura Land Development Code, The undersigned Affiant hereby discloses thaI (mark With "x' applicable portions only) ~1 Affiant does nol have a Business Relationship wilh any member of the City Commission or any City Advisory Board to which the application wrll be presented [ ] 2 Affiant hereby discloses thaI I! 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 or 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 intereslm excess 01 1 % of tolal assets or capital stock of Applicant or Representa!lve, [] Ii. Member of City Commission or Board IS a partner, co-shareholder (as to shares of a corporalion which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any bUSiness venture; I ] iil The Applicant or Representative is a Clien! of a member of the Clly Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ ] iv A City CommiSSioner or Board member IS a Client of the Applicant or Represenlative; [] v. The Applicant or Representative IS a Customer 01 the member of the City Commission or Board (or of hiS or her employer) and transacls more than $10,00000 of the business of the member 01 the City Commission or Board (or his or her employer) in a given calendar year; ".,- r By: \ "'\, Name: . rian S, Adler, J Title Attorney (Print) WITNESS MY HAND THIS 7#nA Y OF -TIAht---, 2006. PROPERTY OWNER 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 ~DAYOF ~,2006 (Signature) (Print) By Name: Tille (Signature) (Print) (Print) 'The terms "Business Relationship, J, IIClient, II "Customer," "Applicant,)) "Representative Ii and IIlnterested PersonJ! are defined in Section 2.395 of the A ventura City Code. MIAMI 1 090272.3 7692825653 BUSINESS RELATIONSHIP AFFIDA VIT* ThiS Affidavit is made pursuanl to Section 31-71 (b )(2)(il) of the Clly of A ventura land Development Code The underSigned Afflanl hereby discloses thai (mark With "x" applicable portions only) Ilff AffIant does nol have a Business Relationship With any member o( the City Commission or any Cily AdVisory Board to which the application will be presented [ ) 2 AffIant hereby discloses lhat II does have a Business Relationship With a member of lhe Cily Commission or a Cily AdVisory Board to which the applicalion will be presented, as lollows (Ust name of Commissioner or AdVisory Board Member) who serves on the (List City Commission or CI!y AdVISory Board upon which member serves) The nature of the BUSiness Relationship is as follows [ ] i Member of Clly Commission or Board holds an ownership Interest in excess of 1 % of lolal assels or capilal slock of Applicant or Representallve; I] 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 slock exchange) or JOInI venturer wilh the Applicanl or Representallve In any bUSiness venture; [ ] ili The Applicanl or Representative is a Client of a member 01 the Clly Commission or Board or a Client of another prolesslonal 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 lhe Applicant or Representative, [] v. The Applicant or Representative is a Customer 01 the member of lhe City Commission or Board (or of hiS or her employer) and transacts more than $10,00000 of the business of the member of the Clly 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 lransacts more lhan $25,0000001 the bUSiness of the Applicant or Represenlallve in a given calendar year IDAY OF \J U ~ ,2006 By. (Signature) Name (Print) Title Architect (Print) WITNESS MY HAND THIS 1L DAY OF ~, 2006. PROPERTY OWNER By Name Title (Signature) (Pont) (Pont) *The terms "Business Relationship," "Client, II "Customerll! 'Applicant," "Representative II and "Interested Personl! are defined in Section 2.395 of/he A ventura City Code. MIAMI 1 090272.3 7692825653 BUSINESS RELATIONSHIP AFFIDAVIT* This AffIdaVit IS made pursuanllo Seelion 31-71 (b )(2)(11) of the Cily of Avenlura Land Developmenl Code The undersigned Affiant hereby discloses lha! (mark wllh "x" applicable portions only) ,~ Affianl does nol have a Business Relallonshlp wilh any member of the City Commission or any Clly Advisory Board 10 which Ihe appllcalion will be presenled [ ) 2. Affianl hereby discloses thai It does have a Business Relallonshlp Wllh a member of the City CommisSion or a Cily AdVisory Board to which lhe applicallon will be presenled, as follows (LIS! name of. Commissioner m AdVisory Board Member) who serves on Ihe (LIS! Cily Commission or Cily AdVisory Board upon which member serves) The nature of !he Business Relallonshlp IS as follows [ ] I Member of City Commission or Board holds an ownership InlereSl1n excess of 1 % of lolal assets or capllal slock of Applicanl or Represenlallve, [] Ii Member of City CommiSSion or Board IS a partner, co-shareholder (as to shares of a corporation which are no! listed on any national or regional slock exchange) or JOInI venturer wilh lhe Applicanl or Representative In any business venlure; I] Iii The Applicant or Representallve is a Client of a member of the City CommiSSion or Board or a C1ienl of anolher professional working from the same office or for lhe same employer as the member of lhe City Commission or Board; [] IV A City Commissioner or Board member IS a Cllenl of the Applicant or Representalive; [] V The Applicant or Represenlallve is a Cuslomer of the member of (he City Commission or Board (or of his or her employer) and transacls more than $10,00000 of Ihe business of the member or the Clly Commission or Board (or hiS or her employer) in a given calendar year, The member of the City CommiSSion or Board IS a Customer of the Appllcanl or Represenlallve and transacls more lhan $25,000.00 of the bUSiness of the Applicant or Represenlatlve in a given calendar year. WITNE1SS MY HAND THIS ~ DAY OF ::J~ . 2006. /lJ1;;;111r (Signature) Bernirdo Fort-Brescia (PnnlJ Architect (Pont) WITNESS MY HAND THIS U DAY oFJUI ~ PROPERTY OWNER: I) vi. By Name Title ,2006 By Name: Title. (Signature) (Print) (Pnnt) 'The terms "Business Relationship," "Client," "Customer," "Applicant," "Representative" and "Interested Person" are defined in Section 2.395 of/he Aventura City Code. MIAMI 1 090272.3 7692825653 BUSINESS RELATIONSHIP AFFIDA VIT* This AffIdavit IS made pursuanllo Secllon 31-71(b)(2)(II) 01 lhe City of Avenlura Land Development Code The underSigned Manl hereby discloses IhaL (mark wl!h "x" applicable ponlons only) 'li1 AffIant does not have a BUSiness Retatlonshlp With any member ot the City CommISsIOn 01 any City AdVisory Board to whICh lhe appllcallon will be presented [ ] 2 Afflanl hereby discloses !hal il does have a BUSiness Relalionshlp wilh a member of the Cily Commission or a Cily AdVisory Board 10 which the applicallon will be presented, as follows (lIsl name of CommiSSioner or AdVisory Board Member) who serves on lhe (list City Commission or Clly AdVisory Board upon which member serves) The nature of Ihe Business Relalionship is as follows I] I Member 01 City Commission or Board holds an ownership Inlereslln excess 011 % of lotal assets or capital slock of Appllcanl or Represenlallve [ ) II Member of Clly Commission or Board IS a partner, co-shareholder (as 10 shares 01 a corpora lion which are no! lisled on any nalional or regional slock exchange) or joint venlurer Wllh the Appllcan! or Representalive In any bUSiness venlure, [ ] ill The Appllcanl or Representallve is a Cllen! or a member of the Cily Commission or Board or a Cllenl 01 another prolesslonal working from the same office or for the same employer as the member of the City Commission or Board, I J iv A City Commissioner or Board member IS a Clienl or the Applicanl or Representallve, [] v The Applicanl or Represenlat/ve IS a Cuslomer of the member of the Cily Commission or Board (or of hiS or her employer) and transac!s more than $10,00000 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 Ci!y CommiSSion or Board is a Customer of lhe Applicanl or Representallve and lransacls more Ihan $25,0000001 the business of the Applicanl or Representative In a given calendar year WITNESS MY HAND THIS ()~AY OF ~_, 2006 By Name. Title (Signature) (Print) (Print) 'The terms "Business Relationship," "Client," "Customer," "Applicant," "Representative I' and "Interested Person" are defined in Section 2-395 of the A ventura City Code. MIAMI 1 090272.3 7692825653 BUSINESS RELATIONSHIP AFFIDA VIT* This Affldavil is made pursuant to Section 31-71 (b)i2)(ii) of the City of Aventura Land Developmenl Code The undersigned Affiant hereby discloses that (mark with 'x' applicable portions only) X1. Affian( 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. i ] 2 Affiant hereby discloses thaI it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the applicalion will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City CommiSSion or Cily Advisory Board upon which member servesj. The nature of the Business Relalionship IS as follows [] I Member of City Commission or Board holds an ownership inlerest in excess of 1 % of tolal assets or capilal stocK of Applicant or Representative; 11 ii. Member of Ci~ Commission or Board IS a partner, co-shareholder (as to shares of a corporation which are not listed on any nalional or regional stock exchange) or jOlnl venlurer with the Applicant or Represenlajive in any business venture; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ ) iv A City Commissioner or Board member is a Client of the Applicant or Represenlative; [] v, The Applicant or Representative is a Cuslomer of the member of the City Commission or Board (or of his or her employer) and jransacls more than $10,000.000/ the bUSiness of lhe member of lhe 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 Cuslomer of the Applicant or Representative and transacts more than $25,00000 of the business o11he ApplICant or Representative in a given cal€ndar year. WITNESS MY HAND THIS & DAY OF J;; Iy , 2OQ6 8y ~ L~(S~naIU"1 Name: Can Skiles (Print) Title: En~neer (Print) WITNESS MY HAND THIS _ DA Y OF ,2006. PROPERTY OWNER: By: Name; Title: (Signature) (Print) (Print) 'The terms ''Business Relationship, " 'Client,' 'Customer, " "Applicant," "Representative" end "Interested Person" are defined in Section 2.395 of the A ventura City Code. MIAMI 1 090272.2 7692825653 BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuanl to Section 31-71 (bX2)(Ii) of the Cily of Aventura Land Development Code. The undersigned Affiant hereby discloses lhal: (mark with 'x' applicable portions only) V( Affianl does not have a Business Relationship with any member of the Cily Commission or any City Advisory Board to which Ihe applicalion will be presented, [ ] 2. Affiant hereby discloses thaI il does have a Business Relalionshlp wllh a member of the City Commission or a City Advisory Board 10 whicl1 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 Relalionship is as follows: [I i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or ca~lal stock of Applicant or Representative; [] ii. Member of Cily 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 wllh the Applicant or Representative in any business venture; [] iii, The Applicant or Representalive Is a Client of a member of the City Commission or Board or a Client of another profeSSional working from the same office or tor the same employer as the member of the City Commission or Board; [ ] iv. A City Commissioher or Board member Is a Client of the Applican! or Representative; [] v, The Appllcanl or Represenlative is a Customer of the member of the City Commission or Board (or of his or her employer) and transa:ls more lhan $10,000.00 of the bllsiness 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 01 the Applicaflt or Represenlalive in a given calendar year. d DAYDF qLd( ,2006 By: (Signature) Name: (Print) Tille: (Print) WITNESS MY ,NO THIS 1- DAY OF JU \ ~ I 2006. PROPERTY OWNER: I By: Name: Tille: (Signature) (Print) (Print) -The terms "Business Relationship,' "Client,' "Customer," 'Applicant,' "Representative" and 'Interested Person' are defined in Section 2.395 of the Aventura Cay Code. MIAMI 1 090272.3 7692825653 BUSINESS RELATIONSHIP AFFIDA VIT* This Affidavit is made pursuanl to Section 31-71(b)(2)(il) of the City 01 Avenlura Land Development Code The undersigned Affiant hereby discloses that (mark with 'x' applicable portions only) M1, Affianl does nol have a Business Relationship wllh any member of the City Commission or any Cily Advisory Board to which the application will be presented [12. 'Affianl hereby discloses thaI It does have a Business Relationship with a memberof 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 Cily Advisory Board upon which member serves) The nalure of the BUSiness Relationship is as follows [ ] i. Member of City Commission or Board holds an ownership Interest in excess of 1 % of tolal assets or capital stock of Applicant or Representative; [] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not Ils(ed on any nauonal or regional stock exchange) or jOin! venturer with the Applicant or Represenlative in any business venture, [ ) iii. The Applicanl or Representative is a Clienl of a member of Ihe City CommiSSion or Board or a Client of another professional working from the same office or for Ihe same employer as the member of lhe City Commission or Board; [ ] iv. A City Commissioner or Board member is a Clienl of the Applicant or Representative; [] v. The Applicant or Representative is a Customer of the member 01 the City Commission or Board (or of hiS or her employer) and transacts more lhan $10,000.0001 the business of the member or the City CommiSSion or Board (or hiS or her employer) in a given calendar year; [ ] vi. The member of the Cily Commission or Board is a Customer of the Applicant or Representative and transacts more 1han $25,00000 of the bUSiness of the Applicant or Representative in a given calendar year, WITNESS MY HAND THIS ~ DA Y OF ~\) \ ~ , 2006 BY:~~ (Signature) Name: Andrew Wilkin (Print) Title' Landscape Architect (Pnnt) WITNESS MY HAND THIS 6 DAY OF ~, 2006. PROPERTY OWNER Sy: Name Trtle (Signature) (Print) (Print) 'The terms "Business Relationship," "Client," "Customer," 'Applicant,' "Represenlative" and 'Interested Person" are defmed in Section 2.395 of the A ventura City Code. MIAMI 1 090272.2 7692825653 BUSINESS RELATIONSHIP AFFIDA VIT* This Affidavit IS made pursuanllo Section 31-71 (b)(2)(II) of the City of Avenlura Land Development Code The underSigned Afflanl hereby discloses that (mark with 'x' applicable portions only) J~ Affiant does not have a Business Relalionship with any member of the City Commission or any City AdvIsory Board to which the application will be presented ( ] 2 Afflanl hereby discloses that it does have a Business Relationship with a member of the City Com'mlssion or a City Advisory Board to which the applicalion will be presented, as follows: (Lisl name of Commissioner or Advisory Board Member) who serves on Ihe (list Cily Commission or City AdVISOry Board upon which member serves). The nature of the Business Relationship 15 as follows [] i. Member of Cily Commission or Board holds an ownership Interesl in excess of 1 % of total assets or capilal stock of Applicant or Representalive; I ) il. 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 joinl venturer With the Applicant or Representative In any business venture; I] Iii. The Applicanl or Representalive is a Clienl 01 a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City CommiSSion or Board; I] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [l v. The Applicanl or Representative is a Customer of the member of the Cily Commission or Board (or of his or her employer) and Iransacts more than $10,00000 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 Represenlalive In a given calendar year. By: Name: Tille: WITNESS MY HAND THIS ~ JjJIlJ- Landscape Architect DAY OF ,2006. (Signature) (Pflnt) (Pnnt) WITNESS MY HAND THIS DA Y OF ,2006, PROPERTY OWNER: By Name Title (Signature) (Print) (Print) 'The terms 'Business Relationship," "Client, n "Customer,' 'Applicant, II "Representative" and "Interested Person" are defined in Section 2-395 ofthe Aventura City Code. MIAM/1 090272.2 7692825653 STATE OF FLORIDA Af'l-.. COUNTYOF~~~ NOTARIZATION PROVISION Alex T ukh, SWORN TO AND SUBSCRIBED belore me Ihis (f-day o~, 2006 \\11111'" K i1 ~b ' ~'~~JU~;;\ \yra tu.. arraCl11 "~"Ii.-":f.'C "#D' ~~~~.iE on:rru~510n D348962 ~~~.....,~,~ Expl1'e5. AUG. 22, 2~08 "1 OF f\: \\' A . " N '1/1111111 WWW.111\.JiOIi.OTARYcorn Printed Name of Notary My commission expires Before me, the undersigned authority, personally appeared Alex T ukh the Mant, who being firsl y e uly swom, did swear or affirm lha! he/she executed this Affidavit for the purposes stated therein and that It is true and correct STATE OF FLP~I?A.. .. ",. A,. COUNTY OF ~ '~...-".M...._..__._-'____"______..___'_____'__'__.4..----....--------.----......--.....____...__...__._____--..0-------__________..__.______.________.._...__________.e.________________________________..__..._..__..__-.---....___.h Before me, Ihe underSigned authority, personally appeared Alex T ukh the AffIant, who being firs y me d y swom, did swear or affirm thaI he/she executed this AffidaVit for the purposes stated therein and thaI it IS jrue and correct Alex T SWORN TO AND SUBSCRIBED before me this ~ay of 1\t t i-, 2006 \\ii~iI1il It)< -. Al" b ~,~....~~. ~'~;'" 1\ yra . arra efn .~ ~:'J~ '::~ Commission # DD34S962 i,_~.J',,,: 'D:f'1~: AUG n 20D8 t Large Printed Name 01 Notary My commiSSion expires STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) ........---..-------..----..---..----.---.-----------------------.-----------------.------------------------..------.....---..-..-----.................---..--......____no_._...___..__....___...._.___...___.______.____....______.____. Before me, the underSigned authorl~, personally appeared Stanley B. Pnce the Affian affirm that he/she executed this Affidavit lor the purposes stated therein and that it IS true and corren ~Q11 . .~ Stanley B. Price, SWORN TO AND SUBSCRIBED before me thiS ID day Of~, 2006 <~~.~.I~:[~\ Kyra Albarracin "{"I& "~ ~ Comlslon # DD34S962 :~i'.~:!l Expires: AUG, n 2008 \~/IOF'r-I~'" \\nl~lJ ^ '"OSNOTill,corn 1/1111 nnn,,!VJ\ . rst by me duly swom, did swear or Printed Name of Notary My commission expires. STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) .-..--.-...-...............---.----.---.----...---...-----..............---.---...............--.---.---.--....---..........----......--....--......--...---.-.......----------.---.-------.....-...--.-...-..-.....--.........--..--...----- SWORN TO AND SUBSCRIBED before me thiS ~ of ~, 2006 \\1111 III l~~~~~'~f", Kyra Albarracin ~;~ .-~. .::g cO~SSiOD # DD348962 ."~;;,~~~,, Expl1'es: AUG, 22 2008 Prinled Name of Notary " OF f\.\J\, , MIAMI 1090272.3 7692825653 '11/11111\\ \nl"wJLARO\NOTttr,com -- _'.n ~..~.u _.. - ._. ~~~. ~~. _ _.~.. .~~ ~~ ~~... ~~.. _. ~. ~~. .._.... ~ __~.~ __~.. ~, ,. .... .~.. ~.._... .~~-~. ~~.~"'. ~..~... ... ~~~.-~-.... ...... --.. ~..~...... h. _........._ u.-............._._.....n..___........_...n..__......._.-"-.-.- STATE OF FLOR IDA ) COUNTY OF MIAMI-DADE) Before me, lhe underSigned aulhon~, personally appeared Anne Cotler affirm thai he/she executed this AHidaVll for the purposes stated therein and that It is true and correct 8T A TE OF FLORIDA COUNTY OF MIAMI-DAD III ~ NotIty Public. S1Iet fA,. . ~ My Commission e.. JW 7,. . /....----Ccrmm1SSlOlT.OO-448t11'-,.... ,\.. ',' H'.... Bonded By Ndoni .. " illhe AffIant, who/b)tng firs! by me duly sworn, did swear or I Ii h I .... ,~, I <:1,' l/ /'. j' ,I ,"l;) ~'- , I I '. ~, ' ...-" SWORN TO AND SUBSCRIBED before me this ~ day of oj Li l'1 ,2006 -.~..~. .~. ...~~. ...~. -~.. ....- ..._.~ ...... ~~..-...~. ...... .... --... .-.-. -- .~. ..~~- ..- ... .-_.. ...... .~.. ~~~.. ... -~- -- - -... Before me, the undersigned authon~, personally appeared Bemardo Fort-Brescia the AffIant, who being flrsl by me duly sworn, did swear or affirm lhat he/she executed thiS Afflda~lt for the.purposes staled lhereln and that ills twe and correct 1/ ,Ii fa /l!VVr,.~ Bernard ort-Brescla, rchltec! SWORN TO AND SUBSCRIBED belore me Ihis (, day 01 ~, 200E STATE OF FLORIDA COUNTY OF MIAMI.DA ~~. FELECIA,., U lj.~ ~~~ Notary Public. Sill of FklitI ,. · . ~ My CommiSSion E.pir~ Jut 7, . . . . ..,.....-........-................................-... ~~f ~~~.. Commission' DO 441117 ." 01 ,~O:.\ fI,,",," Bonded By National . AIM. \... . ~~...~~..~..~.- ~.~ .~... ~..-~ ~...~.. ..-~.~.. ..... .~~..-~.~~.~_~..~~... ... u .~. ... .... ..... ..__. ~ "~...... ~.. ..~... ... ..~~_~. Before me, the undersigned aulhori~, personally appeared Dleqo Delqado affirm that he/she executed thiS Affidavit for the purposes stated therein and that IllS true and correct the Afflanl, who being firs! by me duly sworn, did swear or Diego Delgado, ASSistant to Architect SWORN TO AND SUBSCRIBED before me thiS _ day of ,2006. Nolary PubliC State of Florida At large Printed Name of Notary My commission expires -..~~h._..~~..~_.._~__.~.._..~..4~.._..4_._.~_~_.~..~.--~..~-.~~....~~.~.........4..~_..~~~_~~_.._...~~.._..-_.....~~--.~~-...-._---.._.~....~.._44.~..~~__.~~_...~.._--..._~..._.~~-.~.._._.~..~.~...~.h...~..~..~.._....._..~.~~~..... STATE OF FLORIDA ) COUNTY OF MIAMI.DADE) Before me, the underSigned authofl~, personally appeared Carl Skiles affirm that he/she executed thiS Affidavit for the purposes stated therein and that it is true and correct the Affiant, who being first by me duly swom, did swear or Carl Skiles, Engineer SWORN TO AND SUBSCRIBED before me this _ day of ,2006 Notary Public State of Flonda At Large Printed Name of Notary My commission expires MIAMI 1090272.3 7692825653 My commission expires: ~----------------- STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authari~, personally appeared Anne Cotler affirm thai oo/she executed 1t1is Affidavit for Ihe purposes stated therein and that It Is true and correcL the Afflan~ who bei~ first by me duly swam, did swear or Anne Cotter, Arch Ilect SWORN TO AND SUBSCRIBED before me this _ day 01 ,2006. Nalary Public Slale of Florida At Large Printed Na me of Notary My commission expires: ST ATE OF FLORIDA ) COUN1Y OF MtAMI.DADE) Before me, the undersigned aulhori~, personally appeared Bemardo Fort-Brescia the Affiant, who being first by me duly sworn, did swear or affirm Ihal helshe executed this Affidavillor the purposes stated therein and that il is true and correct Bernardo Fort-Brescia, Archrtecl SWORN TO AND SUBSCRIBED belore me this _ day 01 ,2006. NOlary Public State of Florida At Large Printed Name of Notlry My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned au1t1ori~. personally appeared Dieon De~ado affirm that helshe executed this Affidavit for the purposes slated lherein and that il is true and correct .....,.. the Affiant, who being first by me duly swom, did swear or r ~ lY-vv-....J') 0, Assistant to Architect ,~ lfn. ~ ~ry Public S~ate of FIOrXlp{,.tt..~ 1 rt! fr.iA ~ Printedlfame 01 Notary 'If.. My commlsskln expires: "1,'1 ' 01() Di SWORN TO AND SUBSCRIBED before me this ~ day of J ~~ l'i 2006. STATE Cf FLORIDA ) COUN1Y OF MIAMI-DADE) Before me, (he undersigned authori~, personally appeared Carl Skiles affirm tl1at helshe executed this Affidavit for the purposes stated therein and that it Is true and correct. the Affiant, who ooing first by me duly sworn, did swear or Carl Sknes, Eng~rleer SWORN TO AND SUBSCRIBED before me this _ day of , 2006. Nolary Public Slate of Florida AI Large Prinled Name of Notary My commission expires: MIAMI 1090272.3 7692825653 STA TE OF FLORIDA ) COUNTY OF MIAMI-D~DE) ~-----_...........~......,..._--_...._._---_._._----_......._.._...._.._..--..--..-.,---.--...-.---...-.......-....--.........-........-...................------ My commiSSion expires: Before me, th€ undersigned authority personally appeared Anne CoUer affirm thaI helshe executed lhiS AffidaVit !or the purposes staled there~ and that h Is true and oorrect the Affianl, who being first by me du~ swom, d~ swear or Anne Cotter, Archltect SWORN TO AND SUBSCRIBED belore me thiS _ day or ,2006, Notary Public $iate of Florida A! Large 5T A TE OF FLORIDA ) COUNTY OF MIAMi-DADE) .._-_...._--_._--------_.._.._-_.._,,-..,..__._---~.._.....-_.._._.._---_.._--_.._---_..._.._._----~--_.._---.-_._--- Printed Name of Notary My commiSSion expires: Before me, the undersigned authority, personally appeared DleQo Oeklado affirm thaI helshe executed lhis Affidavll!or the purposes staled therein and lhat 11 IS tnJe and correcl the Affiant who being nrsl by me du~ swom, did swear or Diego De~ado, Arct1ltect SWORN TO AND SUBSCRIBED before me this _ day of ,2006. Notary Public State of Florida At Large STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) _._--~--~-~..~-------......._..._._--.~--_._..._----_._---------.--.....-.-....---...--..-..-....-.----..--.-------- Pnnted Name of Notary My commission expires BeID. "", ~, ""d'~g"" auth"~, p,oooally apjllla!t'd Cart SiOs Ih, Affiarn~ ~~ sworn, d~ "''' or all1lm Ihal heIshe """led fu, Affidavn lor !he pu~oses staled there, aM fual n IS ,,, and ro~ M $1;1", ,ogm,,, t:. SWORN 10 AND SUBSCRIBED b,lore me IhlS 10 day Ol~, 2011I "Notary PubliC Stale of Florida At large r. ; -~ :-;::1:!=i,.hl-.,.t~lt.t;}\,N\t\f1^"^r\!~ -;,'1" I',,~, sue AN P KAY , J; Ie, .-;:; . j.:: ': \l . ~ <' r~~~ MY COMMiSSION # DD307184 'r ~'r"~i}'" _,(1 FXPlKES April 06. 2008 ".:" '~'(1_r:f o'f' (; l-.~:iJ(n,~~~,:'TM:'r 1-'1. Notary DIscount Assoc. Co ~"j'\I'..lVV'V.,lv..t\l'\f'W"'V' Pnnted Name of Notary My comm~sion e.xpires STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) ---------------_.._~....-----......~~-------~------------_._-----_....-...-................................~_.....-.--...__..---.._..---..._-------- Before me, the undersi:JneG authori~, personally appearoo T l!mth~ PlIJmmer affirm lhat he/she executed ltllS AffidaVit for the purposes stated 1herein and that h is true and correct, 1he Affiartt, who being first by me duiy sworn, dVj swear or TlfOOthy Plummer, T raffle Engineer SWORN TO AND SUBSCRIBED before me this _ day 01 ,2006. Notary Public State ot FlorJda At Large Printed Name of Notary MIAMI 1090272.2 7692825653 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Belore me, the undersigned authority, pel'3Onally appeared Timothy Plummer affirm that he/slle execuled this Affidavit for the purposes slated lhereln and 1hat i! Is true and co ng first by me duly swom,dld swear or STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authori~, personally appeared Andrew Wilkin affirm thai he/she execuled this Affidavit for the purposes stated therein and that It Is true and corr'eel the Affiant who beIng first by me duly swom, did swear or Andrew Wilkin, Lands[Alpe Architect SWORN TO AND SUBSCRIBED before me this _ day of ,2006. Nolary Public S1ate of Florida At Large Printed Narre of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authori~, personally appeared Ketly Hults affirm that heishe executed this Affidavit for the purposes slated therein al"d lhal it ~ true and correc!. the Affiant, woo being first by me duly swom, dd swear or Kelly Hults, Landscape Architect SWORN TO AND SUBSCRIBED before me this _ day of . 2006, Notary Public State of Florida At Large Prinled Name 01 Notary My commission expires: MIAMI 1090272.3 7692825653 My commission expires. STATE OF flORIDA ) COUNTY OF MIAMI-DADE) . ----~._--~-_._---------------------_._.._._-------_._---_._-_._-_.._.._--...._----_._-------_._--~-~----_._----------- Before me, the unders~ned autl1ori~, personally appeared Andrew Witkin the Affiant, who being firs! by me duly sworn, did swear or affilm Ihat "'ts", executed fu" Affida,,' 101 ffie pu~oses stated ffiere;n and ffiat ,t is true aod CI"~. 1-::1 ~l ~~ ~ rew Witkin Landscape Architect SW~~~~8SC:~ ~::'~~:~daYO~ 2006 A~_ ....,:f,:~:!.~.. NERISSA M. MCCLUNG'''' ~"-'l C.. : ?i"c: MY COMMISSION # DO 5 I Nolary Pubuc State of Flo~d_a At Large ~:: !~ 34728 N ~S~A: ~~ Cllll l .. \,.... ..~Q"l EXPIRES March 30 2010 . I'\JV "~ o'('r.o;,.. Bonded Thru NOlary Publ' U'd' . Pnnled Name of Notary 3 "'"""' Ie n erwnlers .. , . .::l~ 'I.. "'" I fI "^;"~""''''-'''''-~ " My commISSion expires: ;JU . Co v '" ~ -.-..cl__ ....-..._--.;;,.~'J~: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) ----------------..---.-------------....-----.....-----.---....--.-..-....~__44__.~_____._.__.________...____ Before me, the undersigned authon~, personally appeared Kell Hults affirm thaI he/she executed this Affidavit for the purposes stated therein and tha1rt is true and correct Kelly ul!s, Landsc Architect SWffiNTOAND SUBSCRI8EDbel~emefuiS5daYOI~, !Il~ N~ry Pu~~e of Florida At Larg~ 4-'\ f\ A\. c.CX . Pnnted Name of Notary . My commission expires ~ ~O . .2 c \ () . __i! - :laAd~~ "'~-;;'.~:'ft'\ NERISSA M. MCCLUNG /~'I' .~;. MY COMMISSION # DO 534728 ... . ~i', :~l EXPIRES: March 30, 2010 )i ~'J:~' '0 "f.,~~., Bonded Thru NOlary Public UndelWrrters ,i~~., "Ijlfllll'" ~~"'''''' MIAMI 1 090272.2 7692825653 RESOLUTION NO. 2006-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT A USE THAT MEASURES 16 STORIES AND 180 FEET HIGH IN THE B2, COMMUNITY BUSINESS DISTRICT, WHERE USES THAT EXCEED THE HEIGHT LIMITATION OF 12 STORIES AND 120 FEET MAY BE PERMITTED BY CODE IN THE B2, COMMUNITY BUSINESS DISTRICT AS A CONDITIONAL USE; TO PERMIT AN INDOOR COMMERCIAL RECREATION USE CONSISTING OF A BOWLING ALLEY IN THE B2, COMMUNITY BUSINESS DISTRICT, WHERE INDOOR COMMERCIAL RECREATION USES INCLUDING A BOWLING ALLEY MAY BE PERMITTED BY CODE IN THE B2, COMMUNITY BUSINESS DISTRICT AS A CONDITIONAL USE, AND TO GRANT AN EXTENDED TIME LIMIT FROM THE DATE OF SITE PLAN APPROVAL IN WHICH TO OBTAIN A BUILDING PERMIT, WHERE THE CODE PROVIDES THAT THE TIME FOR OBTAINING A BUILDING PERMIT IS 12 MONTHS FROM THE DATE OF THE APPROVING RESOLUTION UNLESS OTHERWISE PROVIDED IN THE APPROVAL, FOR A PARCEL OF LAND LOCATED ON THE SOUTH SIDE OF NE 207 STREET BETWEEN NE 29 AVENUE AND NE 30 AVENUE, CITY OF AVENTURA, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" TO THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business District and RMF3A, Multifamily Medium Density Residential District1; and WHEREAS, the Applicant, Aventura Land Trust, LLC and Aventura Land Trust 2, LLC, through Application No. 03-CU-06, has requested conditional use approval to permit a use that measures 16 stories and 180 feet high in the B2, Community Business District, where uses that exceed the height limitations of 12 stories and 120 Resolution No. 2006- Page 2 feet may be permitted by Code in the B2, Community Business District as a conditional use; and to permit an indoor commercial recreation use consisting of a bowling alley in the B2, Community Business District, where indoor commercial recreation uses including a bowling alley may be permitted by Code in the B2, Community Business District as a conditional use, and a five (5) year time limit in which to obtain a building permit for the proposed development of land, such term to commence on the date of site plan approval, where the Code provides that the time for obtaining a building permit is twelve months from the date of the approving resolution unless otherwise provided in the approval, on land located on the south side of NE 207 Street, City of Aventura, more particularly described in Exhibit "A" to this resolution; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission has reviewed the applications for conditional use and finds that the conditional uses requested meet the standards for approval of conditional uses as set forth in Section 31-73(c) of the City's Land Development Regulations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 03-CU-06 for conditional use approval to permit a use that measures 16 stories and 180 feet high in the B2, Community Business District, and to permit an indoor commercial recreation use consisting of a bowling alley in the 1 Pending fulfillment of conditions of Ordinance No. 2006-15 Resolution No. 2006- Page 3 B2, Community Business District, both on land described in Exhibit "A" to this resolution, is hereby granted, upon the following conditions: 1. Plans shall substantially comply with those submitted with this application and listed below: · "City Place at Aventura", Cover Sheet, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. · "City Place at Aventura", Site Images, Sheet AO.OO, 2 pages, prepared by Arquitectonica, signed and sealed 10/16/06. · "City Place at Aventura", Project Information, Sheet AO.01, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. · "City Place at Aventura", Overall First Level Plan, Sheet AO.03a, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. · "City Place at Aventura", Overall Typ. Level Plan, Sheet AO.03b, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. · "City Place at Aventura", Overall Roof Plan, Sheet AO.03c, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. · "City Place at Aventura", Hotel Level 1, Sheet A 1.01, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. · "City Place at Aventura", Hotel Ballroom Level, Sheet A1.02, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. · "City Place at Aventura", Hotel Fitness Center Level, Sheet A 1.03, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. · "City Place at Aventura", Hotel Amenity Level, Sheet A 1.04, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. · "City Place at Aventura", Hotel Typical Level, Sheet A 1.05, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. · "City Place at Aventura", Roof Top Level, Sheet A 1.06, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. · "City Place at Aventura", Office Level, Sheet A2.01, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. · "City Place at Aventura", Office Typical Level, Sheet A2.02, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. · "City Place at Aventura", Office Roof Level, Sheet A2.03, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. · "City Place at Aventura", Parking Garage Level 1, Sheet A3.01, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. · "City Place at Aventura", Parking Garage Level 2, Sheet A3.02, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. · "City Place at Aventura", Parking Garage Level 3, Sheet A3.03, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. Resolution No. 2006- Page 4 . "City Place at Aventura", Parking Garage Typical Level, Sheet A3.04, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Parking Garage Level 9 (Roon, Sheet A3.05, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Loft & Condo Plans, Sheet A4.01, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Townhouse Plans, Sheet A4.10, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Townhouse B & C Plans, Sheet A4.11, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", East Elevation, Sheet A5.01, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura",' West Elevation, Sheet A5.02, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", North Elevation, Sheet A5.03, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", North Elevation, Sheet A5.04, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Hotel Elevation North, Sheet A5.11, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Hotel Elevation West, Sheet A5.12, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Hotel Elevation East, Sheet A5.13, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Office Elevation North, Sheet A5.20, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Office Elevation West, Sheet A5.21, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Office Elevation South, Sheet A5.22, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Garage Elevation West, Sheet A5.30, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Townhouse Elevation West, Sheet A5.40, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Towmhouse Back and Side Elevation, Sheet A5.41, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/6/06. . "City Place at Aventura", Loft Elevation East, Sheet A5.42, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Loft Elevation North, Sheet A5.43, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "Aventura Grand", Overall Landscape Plan, Sheet L-1, prepared by Witkin Design Group, dated July 31, 2006, last revised 10/16/06, signed and sealed 10/16/06. . "Aventura Grand", Landscape Plan, Sheet L-2, prepared by Witkin Design Group, dated July 31, 2006, last revised 10/16/06, signed and sealed 10/16/06. Resolution No. 2006- Page 5 . "Aventura Grand", Landscape Plan, Sheet L-3, prepared by Witkin Design Group, dated July 31,2006, last revised 10/16/06, signed and sealed 10/16/06. . "Aventura Grand", Landscape Plan, Sheet L-4, prepared by Witkin Design Group, dated July 31, 2006, last revised 10/16/06, signed and sealed 10/16/06. . "Aventura Grand", Landscape Plan, Sheet L-5, prepared by Witkin Design Group, dated July 31,2006, last revised 10/16/06, signed and sealed 10/16/06. . "Skyrise Site (Overall", AL TAlACSM Land Title Survey, Sheet 1 of 2, prepared by Fortin, Leavy, Skiles Inc., dated July 14, 2006, revised, signed and sealed July 14, 2006. . "Skyrise Site (Overall", AL TAlACSM Land Title Survey, Sheet 2 of 2, prepared by Fortin, Leavy, Skiles Inc., dated July 14, 2006, revised, signed and sealed July 14, 2006. . "Aventura Grand", Conceptual Utility and Drainage Plan, Sheet 1 of 1, prepared by Fortin, Leavy, Skiles, Inc., dated July 28, 2006, revised, signed and sealed September 15, 2006. . "Aventura Grand", Conceptual Roadway Improvements, Sheet 1 of 1, prepared by Fortin, Leavy, Skiles, Inc., dated July 18, 2006, signed and sealed 10/26/06. 2. That the hotel be of quality similar to 4-diamond AM or 4-star travel industry rating which includes upscale, refined and stylish accommodations, landscaped grounds and an enhanced level of quality throughout with an extensive array of amenities combined with a high degree of hospitality, service and attention to detail. 3. That the bowling alley shall be an upscale, themed bowling/entertainment establishment similar in design to the high-end themed bowling alleys in the City of Miami Beach Lincoln Road area and in the Dolphin Mall. 4. That no outdoor music or loudspeakers be allowed at the proposed bowling alley, hotel, restaurants or other commercial establishment in the B2 zoned parcel between the hours of 9 p.m. to 12 noon on weekdays and 11 p.m. to 12 noon on weekends. In the event that the City Manager or his designee determines that outdoor music or loudspeakers played between these hours has created and/or is creating a nuisance to the community, the applicant shall be notified by the City of such disturbance and agrees that these hours may be further restricted by and at the discretion of the City Manager or his designee. 5. That no outdoor service of alcoholic beverages be allowed at any outdoor seating areas in the B2 parcel between the hours of 9 p.m. to 12 noon on weekdays and 11 p.m. to 12 noon on weekends. In the event that the City Manager or his designee determines that outdoor service of alcoholic beverages between these hours has created and/or is creating a nuisance to the community, the applicant shall be notified by the City of such disturbance and agrees that these hours may be further restricted by and at the discretion of the City Manager or his designee. Resolution No. 2006- Page 6 6. That an age restriction of 21 after 9 p.m. be established for the proposed bowling alley. 7. Any discontinuation of an approved conditional use for a period of 180 consecutive days shall constitute abandonment and shall rescind the approval of the conditional use. Section 2. That a time limit of three (3) years from the date of site plan approval in which to obtain a building permit for the development is hereby granted, on the condition that the plans submitted for building permit substantially comply with those submitted with this application and listed in Section 1. of this Resolution and on the further condition that such time limit may be extended at the discretion of the City Manager for a further one year period upon written request by the applicant to the City Manager prior to expiration date of the three (3) year approval period and upon showing of good cause by the applicant. Failure to obtain a building permit within the approved time period shall render the approvals granted in Section 1. of this Resolution null and void. Section 3. This Resolution shall become effective upon the effective date of and compliance with Ordinance No. 2006-14 and Ordinance No. 2006-15, as applicable. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Luz Urbaez Weinberg Commissioner Billy Joel Commissioner Michael Stern Vice Mayor Harry Holzberg Mayor Susan Gottlieb Resolution No. 2006- Page 7 PASSED AND ADOPTED this 8th day of November, 2006. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this _ day of , 2006. CITY CLERK LEGAL DESCRIPTION: Exhibit "A" PARCEL 1 Lots 7 through 42, Block 18, HALLANDALE PARK No 8, Including the ten (10) fool alleys that are South of a line 8100 feet South of and parallel/concentriC with the North right-of-way I,ne of Waterways Boulevard, lying within said Block 18, according to the Plot thereof, os recorded in Plot Book 20 at Page 49 of the Public Records of Miaml-Oode County, Florida, AND Tract 1, LAURANNA, according to the Plat thereof, os recorded In Plot Book 76 at Page 31 of the Public Records of Miami-Dade County, Florida, PARCEL 2 Lots 1, 2, and 6 through 42, Block 17. HALLANDALE PARK No.8, including the portions the ten (10) foot alleys lying within said Block 17, which were vacated by Resolution No 2001-11, recorded August 21, 2000, in Official Records Book 19247, Page 4677. according to the Plat thereaf, as recorded in Plat Book 20 at Page 49 of the Public Records of Miami-Dade County, Florida, AND Tract 1, Block 17, REPLAT OF A PORTION OF HALLANDALE PARK No 8, according to the Plot thereof, os recorded in Plat Baak 40 at Page 97 af the Public Records of Miami-Dade County. Florida, AND That portion af the North One-half of NE. 205th street abandoned by Resolution No 2000-11 recorded in ORB. 19247 at Page 4677 of said Public Records of Miami-Dade County, Florida, PARCEL3 That portion of NE. 206th Street bounded an the North by Block 18 and bounded on the South by Block 17 and bounded on the East by the West right-of-way line of N.[ 30th Avenue (East Dixie Highway) and bounded on the West by the East right-of-way line of NE 29th Avenue (Harvard Avenue), all being as shown on HALLANDALE PARK No.8, according to the Plot thereof, os recorded in Plat Book 20 at Page 49 of the Publ,c Records of Miami-Dade County, Florida. PARCEL 4 A portion of land bounded by on the North by a line 81 00 feet South of and parallel or concentric with the North line of Waterways Boulevard as shown on AVENTURA CORPORATE CENTER, according to the plat thereof, os recorded In Plat Baok 158, Page 47, and bounded on the South by the North line of Block 18, HALLANDALE PARK NO.8, according to the plat thereof, as recorded in Plat Book 20 at Page 49, all being of the Public Records of Miami-Dade County, Florida, lying and being in the City of Aventuro and being more particularly described as follows Commence at the Southwest corner of Lot 26, of said Block 18; thence NOO'56'26"W along the East right of way line of N.E. 29th Avenue as shown on said Plat Book 20 at Page 49, also being the West line of said Block 18 for 7687 feet to 0 point of curvature and the most Westerly Northwest corner of said Lot 26, also being the POINT OF BEGINNING of the hereinafter decnbed parcel of land; thence Northeasterly along a 2500 foot radiUS curve, leading to the right, through a central angle of 91'06'02" for an arc distance of 3975 to a point of tangency; thence S 89'50'24" E along the North line of said Block 18 and the Easterly extension thereof for 474.99 feet to a point on a circular curve, concave to the Northeast and whose radius pOint bears N06' 44'26"[ the following two courses being along a line 8100 feet South of and parallel or concentric with said North line of Waterways Boulevard; (1) thence Northwesterly along a 1519.00 foot radius curve leadln9 to the right, through 0 central angle of or 14'58" for an arc distance of 192 20 feet to a point of tangency; (2) thence N76'OO'36"W for 29040 feet to a point of curvature, thence Southwesterly along a 2500 foot radiUS curve, leading to the left, through a central angle of 104'55'50" for an arc distance 45.78 feet to a POint of tangency; thence SOO'56'26"E along the Northerly extension of the said East right of way line of NE 29th Avenue for 104.19 feet to the POINT OF BEGINNING PARCELS That portion of a 10 foot alley adjacent to Lot 1 & Lot 42, Block 17 Hallandale Park No 8 plot book 20, page 49 Public Records of Miami-Dade County, Florida, lying and beln9 in Section 34, Township 51 South, Range 42 East City of Aventura, Miami-Dade County Flonda and being more particularly described as follows Begin at the northwest corner of said Lot 1, thence SOO'52' 30"E along the west line of said Lot 1 for 32.21 feet; thence N89'52' 37"W along the westerly extension of the southerly Ime of said Lot 1 for 10.00 feet; thence NOO'52'30"W along the easterly line of said Lot 42 for 3221 feet to the northeast corner of said Lot 42; thence S89'52"03',[ along the southerly ri9ht-of-way Ime of NE. 206th street os shown on SOld plot of Hallandale Park No 8 for 10.00 feet to the point af beginnmg CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: Eric M. Soroka, IC City Manager TO: City Commission BY: Joanne Carr, AIC Planning Director DATE: October 18, 2006 SUBJECT: Request of ACC/GP Development, LLC for Conditional Use approval to permit a drive-through bank facility in an Office Park zoning district which is allowed as a conditional use in this zoning district pursuant to Section 31-144( e )(2) e. of the City's Land Development Regulations (04-CU-06) November 8, 2006 City Commission Meeting Agenda Item -1J RECOMMENDATION It is recommended that the City Commission approve the request for Conditional Use approval to permit a drive-through bank facility in an Office Park zoning district on a parcel of land located on the north side of NE 207 Street between Biscayne Boulevard and NE 30 Avenue, City of Aventura, upon the following conditions: 1. Plans shall substantially comply with those submitted with this application and as listed below: . "Aventura Corporate Center", Site Plan, Sheet 1 of 4, prepared by Fortin, Leavy, Skiles, Inc., dated 10/17/06, signed and sealed 10/17/06. . "Aventura Corporate Center", Site Plan, Sheet 2 of 4, prepared by Fortin, Leavy, Skiles, Inc., dated 10/17/06, signed and sealed 10/17/06. . "Aventura Corporate Center", Site Plan, Sheet 3 of 4, prepared by Fortin, Leavy, Skiles, Inc., dated 10/17/06, signed and sealed 10/17/06. . "Aventura Corporate Center", Site Utility Plan, Sheet 4 of 4, prepared by Fortin, Leavy, Skiles, Inc., dated 10/17/06, signed and sealed 10/17/06. . "Aventura Corporate Center, Phase IV", Architectural Site Plan, Sheet SP-1, prepared by Oliver, Glidden, Spina & Partners, dated 11/04/04, last revised 10/04/06, signed and sealed 10/04/06. . "Aventura Corporate Center, Phase IY", Floor Plan, Sheet A-1, prepared by Oliver, Glidden, Spina & Partners, dated 11/04/04, last revised 09/26/106, signed and sealed 09/27/06. . "Aventura Corporate Center, Phase IY", Floor Plan, Sheet A-1.1, prepared by Oliver, Glidden, Spina & Partners, dated 11/04/04, last revised 09/26/106, signed and sealed 09/27/06. . "Aventura Corporate Center, Phase IY", Floor Plan, Sheet A-1.2, prepared by Oliver, Glidden, Spina & Partners, dated 11/04/04, last revised 09/26/106, signed and sealed 09/27/06. . "Aventura Corporate Center, Phase IY", Exterior Elevations, Sheet A2, prepared by Oliver, Glidden, Spina & Partners, dated 11/04/04, last revised 08/17/06, signed and sealed 09/27/06. . "Aventura Corporate Center, Phase IY", Exterior Elevations, Sheet A2.1, prepared by Oliver, Glidden, Spina & Partners, dated 11/04/04, last revised 08/17/06, signed and sealed 09/27/06. . "Aventura Corporate Center, Phase II", Landscape Planting Plan, Sheet L 1, prepared by EGS2 corp., dated 11/04/04, last revised 07/19/06, signed and sealed 09/29/06. . "Aventura Corporate Center, Phase II", Plant List, Notes & Specifications, Sheet L2, prepared by EGS2 corp., dated 11/04/04, last revised 07/19/06, signed and sealed 09/29/06. 2. Building permits shall be obtained within 12 months after the date of resolution approval, failing which conditional use approval shall be null and void. An applicant who has obtained conditional use approval may request an extension of this time period by filing, within the 12 month period, a letter stating the reasons for the request. The City Commission may, by resolution or motion at a regular meeting, grant one extension of up to six months for good cause shown by the applicant. 3. Any discontinuation of an approved conditional use for a period of 180 consecutive days shall constitute abandonment and shall rescind the approval of the conditional use. THE REQUEST The applicant, ACC/GP Development, LLC, is requesting Conditional Use approval to permit a drive-through bank facility in an Office Park zoning district on a parcel of land located on the north side of NE 207 Street between Biscayne Boulevard and NE 30 Avenue, City of Aventura. (See Exhibit #1 for Letter of Intent) 2 BACKGROUND OWNER OF PROPERTY APPLICANT PROPERTY LOCATION LEGAL DESCRIPTION SIZE OF PROPERTY EXISTING ZONING ACC/GP Development, LLC ACC/GP Development, LLC north side of NE 207 Street between Biscayne Boulevard and NE 30 Avenue (See Exhibit #2 for Location Plan) Tract A, Aventura Corporate Center, Plat Book 158, Page 47, Public Records of Miami-Dade County, City of Aventura (See Exhibit #3 for Complete Legal Description) Approximately 10.53 acres OP, Office Park 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: OP Office Park District OP Office Park District B2 Community Business District RS2 Single Family Residential MO Medical Office District B1 Community Business District Office buildings and parking structures Office building and funeral home Shopping center and vacant Residential Biscayne Boulevard and commercial 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: Property to the West: Business and Office Business and Office Business and Office Medium-High Density Residential Business and Office 3 The Site - The subject site is located on the north side of NE 207 Street (Waterways Boulevard) between Biscayne Boulevard and NE 30th Avenue. The Project - The applicant has submitted an application for administrative site plan approval for the fourth and final phase of the office park development which includes a six-story office building and a six-story parking structure. This office building will contain a bank with a proposed drive-through facility with two service lanes and an escape lane. The drive-through facility is facing the public right of way of NE 207 Street which allows for visibility to street activity and safety of the users of the facility. Landscaping has been designed to provide an aesthetic buffer while maintaining visibility for crime prevention. The proposed site plan meets the site development criteria of the Office Park zone, with the exception of the drive-through bank facility, which may be allowed as a conditional use in that district. The criteria for approval of conditional uses are found in Section 31- 73(c) of the City Code. Background - The subject property is known as the Aventura Corporate Center and is comprised of two existing five-story office buildings, two two-story parking structures on the west half of the site fronting on Biscayne Boulevard and a six-story office building and five-story parking garage on the northeast corner of the site that is under construction. The final phase of this project includes a six-story office building with attached six-story parking structure. This final phase building proposes a bank with a drive-through facility. The City Code requires that drive-through facilities at a bank provide four stacking spaces per service lane and a separate and distinct vehicle escape lane. These stacking spaces and the escape lane have been provided on the proposed site plan. 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 OP (Office Park) District. A drive-through bank facility is allowed in this zone following conditional use approval by the City Commission. Criteria The guidelines for approval of conditional uses as required by Section 31-73(c) of the City's Land Development Regulation states: "(c) General Standards of review. In addition to the standards set forth in these LORs for the particular use, all proposed conditional uses shall meet each of the following standards:" 4 (1) The proposed use shall be consistent with the comprehensive plan. The proposed drive-through bank facility is consistent with the City of Aventura Comprehensive Plan, which designates the future land use category for this site as Business and Office. The Business and Office land use designation provides that the specific range and intensity of uses appropriate in a particular Business and Office property is dependent upon, among other things, the provisions of the applicable land development regulations which serve to implement the comprehensive plan. The land development regulations for the Office Park zone permit the proposed drive-through bank facility in that zoning district subject to conditional use approval by the City Commission. (2) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. The proposed drive-through bank facility will not be detrimental to or endanger the public health, safety or general welfare. The drive-through facility is facing the street which allows for visibility and for safety of the users of the facility. Required vehicle stacking spaces and a vehicle escape lane have been provided. (3) The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The immediate neighborhood of the proposed bank drive-through use is business and office along Biscayne Boulevard with medium density residential to the east. The proposed drive-through facility will be consistent with the community character of this immediate neighborhood. (4) Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of these LORs. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services exist at the City's adopted levels of service. (5) Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Adequate measures have been taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. The proposed plan includes stacking as required by Code for a drive-through facility, a vehicle escape lane and a right-turn only on NE 30 Avenue at the exit of the drive-through facility. 5 (6) The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The establishment of the conditional use will not impede the development of surrounding properties for uses permitted in the zoning district. (7) The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The proposed building has been designed to minimize adverse effects, including visual impacts, of the proposed use on adjacent property. The south setback from NE 207 Street, where the proposed drive-through will be located, varies from 50 feet to 68 feet. This area will be landscaped to provide an aesthetic buffer while maintaining visibility for the safety of the users of the drive-through facility. 6 Greenberg Traurig .9tCt/f'tl? co~ OCr 'J ~{jN/l'( 2008 OtVt r:Lop!J fY/ENr O~. eLI- () i; Clifford A Schulman (305) 579-0613 Direct Fax (305) 961-5613 E-MaiL schulmanc@gtlaw.com October 3, 2006 Via Hand Delivery Ms, Joanne Carr Planning Director City of Aventura 19200 West Country Club Drive A ventura, Florida 33180 Exhibit 1 04-CU-06 Re: Aventura Corporate Center / 20801 Biscayne Boulevard / Conditional Use Application / Letter of Intent Dear Ms. Carr: On behalf of ACC/GP Development, LLC, (the "Applicant"), the owner of the above referenced property (the "Property"), I respectfully submit this letter of intent in connection with the Applicant's conditional use application for a drive-through facility, The Property is presently zoned OP (Office Park) and is the site of two 5 story office buildings and two 2 story parking garages. As you are aware, the Applicant has proposed to develop a new office building on the Property in two phases, The proposed new office will include a drive-through bank facility, which is allowed as a conditional use in this zoning district. Pursuant to Section 31-73 of the Land Development Regulations (the "LDR's"), the Applicant hereby submits a conditional use approval request so as to provide a drive-though facility for a future banking tenant. We respectfully submit that this request for Conditional Use approval satisfies the review criteria of Section 31-73 of the LDR's as follows: (1) The proposed use shall be consistent with the Comprehensive Plan, The Business and Office designation of the Comprehensive Plan encourages a full range of sales and service activities, The proposed drive-though bank facility will help to further these objectives, (2) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare. The establishment of this type of facility will enhance the general welfare of the public by adding an additional com;enient drive-through bank facility to the area, The MIA-FSIIINMDVOI DOC Greenberg Traurig, P.A. I Attorneys atLaw 11221 Brickell Avenue 1 Miami,FL 33131 1 Tel 305.579.0500 I Fax 305.579.0717 I www.gtlaw.com Page 2 redevelopment will not be injurious to other property or improvements in the vicinity, and will, in fact, enhance the general welfare by improving banking options to residents of the City of A ventura. (3) The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use, The immediate neighborhood of the proposed use is business and office along Biscayne Boulevard with medium density residential to the east. The proposed drive-through bank facility is consistent with the character of the neighborhood and will serve to enhance banking options for City residents. (4) Utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of these LDRs, The proposed facility will not change the current levels of service required. As such, the City's current levels of infrastructure and services are sufficient to accommodate the proposed use. (5) Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets, The site has been designed to accommodate the proposed drive-through bank facility and will minimize traffic congestion, (6) The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. A drive-through bank facility at this location will not impede the development of surrounding properties, (7) The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The proposed facility has been designed so as to minimize impacts to the neighborhood, In addition, extensive landscaping will provide further privacy and enhance the aesthetic quality of the neighborhood, Accordingly, we respectfully submit that the proposed use satisfies the applicable review criteria, and respectfully request that you favorably consider our request and schedule this application for the next available agenda of the A ventura City Commission, If you have any MIA.FSII1NMDVOJ DOC Greenberg Traurig, PA Page 3 questions or would like to discuss this matter further, please contact me at 305-579-0613. Thank you for your attention to this matter. Sincerely, "'^' A11~it~ CcJ:;~ A. schUlma~ cf, r' cc: Liliana E, Ribera MIA-FSI\INMDvOtDOC Greenberg Traurig, PA " .-/ - ~ ....1..'lrL..J~I=-=I.-= "\ ._._ - - l'rv "I .......,..., 'ftl...........~ Gulfstream YACHT CLUB DR. · Park · MARINA · COVE · WAY CIRCLE : '-Np...'1 · ~ \Nt.t\ . ~~ . . BROWARD COUNTY 11_1_1_1_1 ," DADE COUNTY :1 " I " I " I I. I I. , " I " I " I " I " I II I " I " I I. I " I " I I. I " , " I " IVES DAIRY RD. :. Site /\ ~/ ) ( (w \~ \ i~ \ \ -'~ -- \ Waterways WATERWAYS BLVJlJ Shoppes 207 ST. ~ ~ I W X o ~ " I " I " I " I " I " \) ;. AVENTURA ~\..\j . " :. Fire I 0 :' Rescue Aventura " :. Station Library I " I " I - " :. Aventura Mall I " I , f' I f' I , " ': I '. , " , I. :. f '. , '. , " I " I " I " :. I " :. I 188 ST. 192 ST. 190 ST. Loehmann's Fashion W Island ~ O'J N MIAMI GARDENS DR. lEGEND f~ . / . I . o > -I CD Z <( w () o ci > ....J CO z L5 o o A1 Atlantic . Ocean e Roadways City Boundary ZIP Code Boundary Railroad ...... " " ;~":: <~}(r;~{F~';':;:'~':. Exhibit 2 04-CU-06 Exhibit 3 04-CU-06 A portion of Tract 'A', 'A VENTURA CORPORATE CENTER', according to the plat thereof, as recorded in Plat Book ]58, Page 47, of the Public Records of Miami-Dade County, Florida, being more panicularly described as follows: Commence at the most North, Northwest comer of said Tract 'A', Thence North 88 degrees] 0 minutes 38 seconds East, along the North line of said Tract 'A', for 556,00 feet to the Point of Beginning; Thence South]] degrees] 9 minutes 21 seconds West for 335.30 feet; Thence South 00 degrees 43 minutes 5] seconds East for 18,03 feet; Thence North 87 degrees 04 minutes 34 seconds East for 93.63 feet; Thence North 18 degrees 40 minutes 06 seconds East for 7.39 feet; Thence North 87 degrees 04 minutes 34 seconds East tor ~6,UU feet; Thence North37 degrees 12 minutes 35 seconds East for 30.60 feet; Thence North 87 degrees 04 minutes 34 seconds East for 138.6] feet; Thence North 02 degrees 55 minutes 32 seconds West for 283.27 feet to a point of curvature of a circular curve to the left, concave to the Southwest having a radius of25.00 feet and a central angle of 88 degrees 53 minutes 50 seconds, for an arc distance of 38,79 fee to a point of tangency; Thence South 88 degrees 10 minutes 38 seconds West for 233.00 feet K:\:",'\':~3\JL..2J45S::.:J'NS. 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II I I I I ! <f' l I I i, I, :, t :,:E : ~I ii \~/ + + + i + i + :: ,,! f + 1+ ! + I II \ " i - 1- i \ / I -h - 1 ~-t-W- i /\ 1- 1- 1 / \ .- ' I \ 1_ T / \ ~ i - " ,: i ~ \1" i i " 1:+ I \ i + , "~ ' , , , I ):,' , " I~ T' , '~ \ " I rt \1" ; " it " \ ! , , "_Q/ I :J: 'I', i + " :j:1:j:1 ! ~ +:~: : ~ i~ i I ! , ft it 1 1 I ~ !+ I I I t i ~ I 1 ~ i I~ i r1 I R= IFF I I T i ~ ~ l~ ii I I 1 ~ 1/ I T , i , , I' ~ I [.1 11 II f' APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31.7] (b )(2)(i) of the City of A ventura Land Development Code, this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit, which is identified in the accompanying application, and the owner of the property subject to the application (if different) hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application, as follows: Name Relationship (i.e. Attorneys, Architects, Landscape Architects, Engineers, Lobbyists, Etc.) Clifford A. Schulman Mario Garcia.Serra Carl Skiles Bill Eager Keith Spina Attorney Attorney Engineer Landscape Architect Architect (Attach Additional Sheets If Necessary) NOTICE:ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE 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)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERA nON OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMA nON PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS t1LL DA Y OF /Oc/zJA~ _ ,200( AUTHORIZED REPRESENTATIVE OF APPLICANT: By: (Signature) Name: (Print) Title: Address: Address: 20803 Biscayne Boulevard. Suite 200 A ventura. Florida 33180 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me the undersigned authority personally appeared Michael Bedzow as the authorized representative of the Applicant and/or the owner of the property subject to the application, who being first by me duly sworn, did swear or affIrm that he/she executed this Affidavit for the purposes stated therein and that it is true a orr t. My commission expires: ,.... .........11 II ..... ....................... : RUTHANN MOORE : : 1\\IIIU1/J", Co - D~- : : ~~.,P} 'Ii.~\ mil'" --w : · ~"~ ~ c-:_~ . ..4; . I ................._ . i \~~ riJ Bonded hII (800)432-42541 · It, (,Ift\ ~ . · ~/l/lll"'\\\ Florida ~ Assn Inc · I..... II.... II. II... II.. ........ ........i..... i SWORN TO AND SUBSCRIBED BEFORE ME thi~day of MIA 177825572v110/312006 ..-_.._._--_._--,..__..,"-,-_._.,,_..._~~._.._._.__......^._..._----_._~_._._.,...._"_... BUSINESS RELATIONSHIP AFFIDA VIT* This Affidavit is made pursuant to Section 31-71 (b )(2)(ii) of the City of A ventura 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 City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant or Representative; [] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [] 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 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 th e 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 3 (J DAY OF Ov-r~~t(t . 200~ APPLICANT: (Signature) (Print) (Print) ~ By: ,I' Name: Title: WITNESS MY HAND THIS DA Y OF ,20' PROPERTY OWNER: By: Name; Title: (Signature) (Print) (Print) *The terms "Business Relationship," "Client, /I "Customer, /I "Applicant, /I "Representative /I and "Interested Person /I are defined in Section 2.395 of the A ventura City Code. NOT ARIZA TION PROVISION ST ATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared Clifford A. Schulman the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of . 2006, 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 Mario Garcia-Serra the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of .2006. Notary Public State of Florida At Large Printed Name of Notary My commission expires: .....................................--..............--.......-...........................--......---.---........--..............--........--..-..............-...................................................--................................................................................................ ST ATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared Michael Bedzow the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. va //tI /" . I~ X SWORN TO AND SUBSCRIBED before me this .":,1 day of 1:"..j".;.U~006. , . I I I " :Aj~,.Afii lV'j, ~ --..\A-I NOtary ~~blic State'of FIo~ida At Large r ~ ' ;\ \ "1-'t1 ~.,.., h ! ~. .(. Prihted Name of Notary ....\ i My commission expires: '':',1 :::=:- ;'., ! \ ,. i~'~ .' , , .~Jl't'II'.~",I,"... !~\. \;t or ~Off\.'1 N n';" o,l\lir Slate of Florida Jli. "T ::ii '\!'flP/1 Durand My crJr!('dS~;,\)n 00508712 Expires 02/26/2010 BUSINESS RELATIONSHIP AFFIDA VIT* This Affidavit is made pursuant to Section 31-71 (b )(2)(ii) of the City of A ventura 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 City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant or Representative; [ ] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ ] 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 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 th e 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) (PrinV (Print) *The terms "Business Relationship, II "Client, II "Customer, II "Applicant, II "Representative II and "Interested Person II are defined in Section 2-395 of the Aventura City Code, WITNESS MY HAND THIS ~ DAY OF Oc..,-roBE:e.. , 2006. REPRESENT A TIVE: (Listed on Business Relationship Affidavit) By: (Signature) By: (Signature) Name: Mario J. Garcia-Serra (Print) Name: (Print) Title: Attorney (Print) Title: (Print) By: By: (Signature) Name: Clifford A. Schulman (Print) Name: (Print) Title: Attorney (Print) Title: (Print) By: (Signature) By: (Signature) Name: Keith Spina (Print) Name: (Print) Title: Architect (Print) Title: (Print) By: (Signature) By: (Signature) Title: (Print) Title: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature) Title: (Print) Title: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature) Title: (Print) Title: (Print) Title: (Print) Title: (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 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 nON PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared Clifford A. Schulman the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed th' f ldavit for the purposes stated therein and that it is true and correct. .....-----........................................---..............................-----..............--........---..........................--........----...........---..................... STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared Mario Garcia-Serra the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,2006, Notary Public State of Ftorida At Large Printed Name of Notary My commission expires ....-......---.........--..............---..........--.............--........---........---.........---......-..------..............................--....................-................-....-..........................................................................---............-..................................................................--............-.............. STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared Keith Spina the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,2006 Notary Public State of Florida At Large Printed Name of Notary My commission expires BUSINESS RELATIONSHIP AFFIDA VIT* This Affidavit is made pursuant to Section 31-71 (b )(2)(ii) of the City of A ventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with "x" applicable portions only) [X ] I. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant or Representative; [ ] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [] 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 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 th e 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 A ventura City Code. MIA 177825572v110/312006 WITNESS MY HAND THIS Jo)' DAY OF Oc1o~ , 200' By: (Signature) Name: Mario Garcia-Serra (Print) Name: (Print) Title: Attorney (Print) Title: (Print) By: (Signature) By: (Signature) Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature) Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature) Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature) Name: (Print) 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 event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete, MIA 177825572v110/3/2006 STATE OFFLORlDA ) COUNTY OF MIAMI-DADE) NOTARIZATION PROVISION Before me, the undersigned authority, personally appeared Mario Garcia-Serra the Affiant, who being first by me duly sworn, did swear or affinn that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. ~ ~ ~ FFIANT ~ SWORN TO AND SUBS rinted Name of Notary y commission expires: -...-.--...........-............--.... ...................-.............-.........-...........-.-.-...........-.-.-.-...................-........---...-............................-:0.......-...--........-..-...._.._____ STATE OFFLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared the Affiant, who being first by me duly sworn, did swear or affinn that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of . 2006. 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 that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,2006, Notary Public State of Florida At Large Printed Name of Notary My commission expires: MIA 177825572v11Q/312006 BUSINESS RELATIONSHIP AFFIDA VIT* This Affidavit is made pursuant to Section 3] -7] (b )(2)(ii) of the City of A ventura 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 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 I % of total assets or capital stock of Applicant or Representative; [] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000,00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [ ] vi. The member of the City Commission or Board is a Customer of th e 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 DA Y 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. MIA 177825572v110/3/2006 WITNESS MY HAND THIS Z t-DA Y OF 0 c f f ,2orb By: (Signature) Name: Carl Skiles (Print) Name: (Print) Title: Surveyor (Print) Title: (Print) By: (Signature) By: (Signature) Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature) Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature) Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature) Name: (Print) 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 event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. MIA 177825572v1101312006 5T A TE OF FLORIDA ) COUNTY OF MIAMI.DADE) NOT ARIZA TION PROVISION Before me, the undersigned authority, personally appeared Carl Skiles the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. FIANT SWORN TO AND (JJ~,~SI}l ,~,gp"b.9~9"r;lllf.wJ11JW, ULOO <: ~I~Y""&' ."'l'U'\.' ^ \'1 P II' ^ V ~ i ,p /' 0 uricl ~ . n.n. ~ " '.W COMMISSIO~) # D9307184 X / .' ~ < "~o;.,p.!l" EXPIRES: A" p:nl 06, 20;J8 Not~ Public Stat of F nda At Lar e (, J.,C'i-l-!<OTiJ\ FL Nota" D.SCOilllt Assoc. Co, / S ~ I':~'"'''-'''''''''''''''''''''''I''''''''''''''' 'po dN fN ',r"",. ,.'". -"" .'." <J I .,. ""..,,,,, nnte ame 0 otary My commission expires: ......-.......--......--..................-..-.......................- .....................................................-......-....--...............-............---......--......................-............................-----......-..............................-....----.........................................................-.............--....--....-............-..-......................... STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared the Affiant, who being first by me duly sworn, did swear or affirm that 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 ,2006. Notary Public State of Florida At Large Printed Name of Notary My commission expires: --..........................................---....................-.. .........-- - .........--.-- .---.. - ....... ................ -........... -. -... ----. .----- m -. -.... --...--....... ..............__... __...__... _ ._.__ '.n _ _ ...................__........ __ ...__.. 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 that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of , 2006. Notary Public State ofFlorida At Large Printed Name of Notary My commission expires MIA 177825572v110/3I2006 BUSINESS RELATIONSHIP AFFIDA VIT* This Affidavit is made pursuant to Section 31.71 (b )(2)(ii) of the City of A ventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with "x" applicable portions only) [X ] I. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented, [ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [ ] i. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative; [ ] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ ] 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 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 th e 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 DA Y OF ,2006. APPLICANT: By: Name: Title: (Signature) (Print) (Prinlj WITNESS MY HAND THIS DAY OF ,2006. PROPERTY OWNER: By: Name: Title: (Signature) (Prinlj (Print) *The terms "Business Relationship," "Client," "Customer, " "Applicant," "Representative" and "Interested Person" are defined in Section 2-395 of the Aventura City Code. MIA 177825572v110/3/2006 WITNESS MY HAND THIS 'to DAY OF ~. ,-~ , TIVE: (Listed on Business Relationship Affidavit) (Signature) By: (Signature) Name: Bill Eaeer (Print) Name: (Print) Title: Landscape Architect (Print) Title: (Print) By: (Signature) By: (Signature) Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature) Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature) Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature) Name: (Print) 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 event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. MIA 177825572v1101312006 ST ATE OF FLORIDA ) COUNTY OF MIAMI.DADE) NOT ARIZA nON PROVISION Before me, the undersigned authority, personally appeared Bill Eager the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. ~~ \\'11111 Jill 1,1 /?Nr' SWORN TO AND ~~~~~rfIp;e this _ day of ~ 20Qti. ",~\<i, ....... 0(;, III, ,. ! ~ .,~~\SS'ON ;;'" ~ ~ t~,...,t ~ ..\\~:'rJer 21,<'.%'" ~ 0 PublicState fFloridaAtL~~ .. * ,~~ 'bi<' , * .. -rJrd ,.1 _ I' ftc' f.{ _ .~ () ~(jl. - \.. l .,. <I ""',v,L- ",,'(..J"~-'" : z: ~ >. < : < : Printed Name of Notary ~ __..____._.___..__.___i~~~:~~~~51 ~~j.i @_l__..__.._....._._........_._~:_~~mi:.~~~~~:.~~:_.~ I....:.~ ._~~~.___.._______._...____... ~ ~ ','). 0".. d \~\ ~ ' ~-.:- ---------..---.-.,..9- . /) ve ~t\' <<:' .. STATE OF FLORIDA 1 ~~,.,~~I~~ ~~"." ~ / COUNTY OF MIAMI-DADE1111 'bite Sl~\t. \", 'fl I \\\ /1'"1 III" 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 that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,2006, Notary Public State of Florida At Large Printed Name of Notary My commission expires: .................................-................-....-.-.................-....-...................-.......-...................-..-..-..-......-.................-......-.......-.....-.....-....--.........-..--..............-........... ST ATE OFFLORIDA ) 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 that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of .2006. Notary Public State of Florida At Large Printed Name of Notary My commission expires: MIA 177825572v1101312006 BUSINESS RELATIONSHIP AFFIDA VIT* 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) [X ] I. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List 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 I % of total assets or capital stock of Applicant or Representative; [ ] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [ ] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [ ] vi. The member of the City Commission or Board is a Customer of th e 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) (PrinU *The terms "Business Relationship," "Client," "Customer," "Applicant," "Representative" and "Interested Person" are defined in Section 2-395 of the Aventura City Code. MIA 177825572v1 10/3/2006 '-'~~"'-'---'_._-'-"_._-"-----'----"'-'_._'-"_._~--"",_.__.~,-~- . WITNESS MY HAND THIS J.L DAY OF OC(O~, 2001(; REPRESE1IJ~;:TIVE: isted on Business Relationship Affidavit) / 'I X By: I (Signature) By: (Signature) (Print) Name: (Print) Title: Architect (Print) Title: (Print) By: (Signature) By: (Signature) Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature) Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature) Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature) Name: (Print) 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 event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. MIA 177825572v11013/2006 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) NOT ARIZA nON PROVISION Before me, the undersigned authority, personally appeared Keith Spina the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. ...............-...............................................................................................-..............................................................................................................................-......................................................-............- ...............................--................................ 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 that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me tllis _ day of . 2006. 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 that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of , 2006. Notary Publ ic State of Florida At Large Printed Name of Notary My commission expires: MIA 177825572v110/3/2006 RESOLUTION NO. 2006. - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT A DRIVE.THROUGH BANK FACILITY AT PROPERTY AT THE NORTHWEST CORNER OF NE 207 STREET AND NE 30 AVENUE, CITY OF AVENTURA LOCATED IN THE OP, OFFICE PARK DISTRICT, WHERE DRIVE.THROUGH BANK FACILITIES ARE PERMITTED BY CODE IN THE OP, OFFICE PARK DISTRICT AS A CONDITIONAL USE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned OP, Office Park District; and WHEREAS, the Applicant, ACC/GP Development, LLC, through Application No. 04-CU-06, has requested conditional use approval to permit a drive-through bank facility in the OP, Office Park District, where drive-through bank facilities are permitted by Code in the OP, Office Park District, as a conditional use; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission has reviewed the applications for conditional use and finds that the conditional uses requested meet the standards for approval of conditional uses as set forth in Section 31-73(c) of the City's Land Development Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 04-CU-06 for conditional use approval to permit a drive-through bank facility on property located at the northwest corner of NE 207 Street and NE 30 Avenue, City of Aventura, described in Exhibit "A" to this resolution is hereby granted upon the following conditions: 1. Plans shall substantially comply with those submitted with this application and listed below: . "Aventura Corporate Center', Site Plan, Sheet 1 of 4, prepared by Fortin, Leavy, Skiles, Inc., dated 10/17/06, signed and sealed 10/17/06. . "Aventura Corporate Center", Site Plan, Sheet 2 of 4, prepared by Fortin, Leavy, Skiles, Inc., dated 10/17/06, signed and sealed 10/17/06. . "Aventura Corporate Center', Site Plan, Sheet 3 of 4, prepared by Fortin, Leavy, Skiles, Inc., dated 10/17/06, signed and sealed 10/17/06. . "Aventura Corporate Center", Site Utility Plan, Sheet 4 of 4, prepared by Fortin, Leavy, Skiles, Inc., dated 10/17/06, signed and sealed 10/17/06. Resolution No. 2006- Page 2 . llAventura Corporate Center, Phase IV", Architectural Site Plan, Sheet SP-1, prepared by Oliver, Glidden, Spina & Partners, dated 11/04/04, last revised 10/04/06, signed and sealed 10/04/06. . llAventura Corporate Center, Phase IV", Floor Plan, Sheet A-1, prepared by Oliver, Glidden, Spina & Partners, dated 11/04/04, last revised 09/26/106, signed and sealed 09/27/06. . llAventura Corporate Center, Phase IV", Floor Plan, Sheet A-1.1, prepared by Oliver, Glidden, Spina & Partners, dated 11/04/04, last revised 09/26/106, signed and sealed 09/27/06. . llAventura Corporate Center, Phase IV", Floor Plan, Sheet A-1.2, prepared by Oliver, Glidden, Spina & Partners, dated 11/04/04, last revised 09/26/106, signed and sealed 09/27/06. . llAventura Corporate Center, Phase IV", Exterior Elevations, Sheet A2, prepared by Oliver, Glidden, Spina & Partners, dated 11/04/04, last revised 08/17/06, signed and sealed 09/27/06. . llAventura Corporate Center, Phase IV", Exterior Elevations, Sheet A2.1, prepared by Oliver, Glidden, Spina & Partners, dated 11/04/04, last revised 08/17/06, signed and sealed 09/27/06. . llAventura Corporate Center, Phase II", Landscape Planting Plan, Sheet L 1, prepared by EGS2 corp., dated 11/04/04, last revised 07/19/06, signed and sealed 09/29/06. . llAventura Corporate Center, Phase II", Plant List, Notes & Specifications, Sheet L2, prepared by EGS2 corp., dated 11/04/04, last revised 07/19/06, signed and sealed 09/29/06. 2. Building permits shall be obtained within 12 months after the date of resolution approval, failing which conditional use approval shall be null and void. An applicant who has obtained conditional use approval may request an extension of this time period by filing, within the 12 month period, a letter stating the reasons for the request. The City Commission may, by resolution or motion at a regular meeting, grant one extension of up to six months for good cause shown by the applicant. 3. Any discontinuation of an approved conditional use for a period of 180 consecutive days shall constitute abandonment and shall rescind the approval of the conditional use. Section 2. This Resolution shall become effective immediately upon adoption. The foregoing Resolution was offered by Commissioner its adoption. The motion was seconded by Commissioner upon being put to a vote, the vote was as follows: , who moved , and Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Harry Holzberg Mayor Susan Gottlieb Resolution No. 2006- Page 3 PASSED AND ADOPTED this 8th day of November, 2006. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: HM~ CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this _ day of , 2006. CITY CLERK ll'II! I~~f~:t. hl~ !i~hl~ Is H,J! ~~.J5 III .i~ ~~ t[l ~~ ~, If ... 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Soroka, I City Manager TO: City Commission BY: Joanne Carr, AIC Planning Director 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 Citv Commission Me~~ll.g Agenda 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 82, 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 Gulfstream Park Racing Association Inc. APPLICANT Joseph G. Goldstein ADDRESS OF PROPERTY north side of NE 213 Street between Biscayne Boulevard & NE 34 Avenue See Exhibit #2 for Location Plan LEGAL DESCRIPTION See Exhibit #3 for Legal Description SIZE OF PROPERTY Approximately 19.550 acres more or less EXISTING ZONING 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 NE 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 B2, 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 RAClNG ASSOCIATION, lNC., 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 tenns 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 Permit" includes any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land. g. "Effective Date" is the latter of the dates of recordation of this instrument or thirty days after this 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 Aventura 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 oflocal 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. m. "Land Development Regulations" means ordinances, rules and policies enacted or customarily implemented by the City for the regulation of any aspect of development and includes any local government zoning, rezoning, subdivision, building construction, or 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 government" means any county or municipality or any special district or local governmental entity established pursuant to law which exercises regulatory authority over, and grants development permits for, land development. p. "Project" means development pennitted pursuant to the Existing Zoning. q. "Public facilities" means major capital improvements, including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational, and health systems and facilities. r. "Site Plan" is comprised of a scaled and dimensioned site plan (with landscaping), elevation and typical floor plan submitted for administrative approval and reviewed for consistency with the Existing Zoning. s. "Utility" includes any person, firm, corporation, association or political subdivision, whether private, municipal, county or cooperative, which is engaged in the sale, generation, provision or delivery of gas, electricity, heat, water, oil, sewer service, telephone service, telegraph service, radio service or telecommunication service. 3. Intent. It is the intent of the Developer and the City that this Agreement should be construed and implemented so as to effectuate the purposes and intent of the parties and the purpose and intent of the Florida Local Government Development Agreement Act, Section 163.3220, F.S., et, al. 4. Effective Date and Duration. This Agreement shall become effective on the Effective Date. The Agreement shall be recorded in the public records of Miami- Dade 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 (10) years from the Effective Date. The tenn 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 163.3 229, Flori da Statutes. The City may apply subsequent! y 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 determined that development thereunder is consistent with the City's Comprehensive Plan and that it is in accordance with the City's land development regulations in effect as of the Effective Date, Upon execution of this Agreement and for the duration thereof, the City confirms and agrees that the Property may be developed and used for the purposes established in the City's Comprehensive Plan, and Land Development Regulations in effect as of the Effective Date of this Agreement, or such laws and policies subsequently adopted and applied to the Property solely pursuant to the procedures of Section 163.3233(2), Florida Statutes. The City and Developer mutually consent and agree that the additional limitations and conditions set forth in this Agreement serve as the sole basis upon which the parties enter into this Agreement. (b) Density, Building Heights, Setbacks and Intensities. Except as otherwise provided herein, the 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 pennit 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 confonn with the temlS 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 tenns 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 detennine whether the City administrator erred in its decision to deny the approval of the Site Plan based on the plan's confonnance with this Agreement, the Existing Zoning and the Land Page 4 of 10 Development Regulations in effect as of the Effective Date. The City agrees to process any appeal to the City Commission in accordance with Section 31-83 of the Land Development Regulations (b) Downzoning. For the duration of this Agreement, the City shall not downzone or otherwise limit the ability of the Developer to develop the Property in accordance with the Development Approvals and nothing shall prohibit the issuance of further development orders and approvals in confonnity 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 pennits sought to be issued which are in confonnity 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 tenns 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 Pennits. 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 pennits 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 Pennits (c) Subdivision plat and or waiver of plat approvals; (d) Water, sewer, paving and drainage pennits; Page 5 of 10 (e) Covenant or Unity of Title acceptance or the release of existing unities or covenants; (0 Building pennits; (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 pennitting the development of land. 10. Consistency with Comprehensive Plan. The City hereby finds that the development of the Property in confonnity 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 Pennits. The Developer and the City agree that the failure of this Agreement to address a particular pennit, condition, fee, tenn 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 pennitting requirements, conditions, fees, tenns 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 tenn 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 permits or development orders granted by the City, including, but not limited to, those rights granted under the City's Comprehensive Plan and land development regulations. 14. Conditions, Terms or Restrictions Deemed 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. 2l3th Street on and after the date the first temporary certificate of occupancy is issued for a residential building constructed on the Adjacent Property shall be prohibited, provided, however, that until such access is permanently prohibited as set forth above, vehicular access to the Gulfstream Park Tract from N.E. 213th Street shall be permitted on an interim basis subject to the following restrictions: (i) access by the public shall be restricted to weekends and holidays on which horse racing events are scheduled at Gulfstream Park, (ii) after the execution of a mutually acceptable construction phasing plan, access on all other days shall be restricted to construction vehicles, provided that such access shall be permitted only until such time as construction of the renovation and expansion of the improvements to the Clubhouse and the Slot Facility Building now or hereafter located on the Gulfstream Park Tract is completed, and (iii) at no time shall vehicular access from N.E. 213th Street to Developer's Hallandale Beach DRI Land be permitted for any purpose (other than as may be required by the government for emergency access). 15. Binding Effect. The obligations imposed pursuant to this Agreement upon the Developer and upon the Property shall run with and bind the Property as covenants running with the Property, and this Agreement shall be binding upon and enforceable by and against the parties hereto, their personal representatives, heirs, successors, grantees and 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 \\THEREOF, 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 da y 0 f ,2006 Approved as to fonn and legality By office of City Attorney for , City of A ventura, Florida Page 9 of 10 DEVELOPER: WITNESSES: .~,~._,~._.._'--____ ,.,.....,.,.,..-..r?"',.,....,..., _____-~~_."...'''..".~ // Print Name GULF STREAM PARK RACING ASSOCIATION, INC., a Florida corporation By: yj,~ Blake Tohana CFO and Executive Vice-President B'U~ f ~JfvoO.~ Signature \ B llll~ tJ F~ Eh\ f'J Print Name P VD vi 1r1~ t c f OVlI-cWI C --StATE OmORlDA ) 1 trJ V\ C} All v'C ((,\ ) S8. ~-M~ ) The foregoing instrument was acknowledged before me this if day of September, 2006, by Blake Tohana, as CFO and Executive Vice-President of Gulfstream Park R~ng Association, Inc., a Florida corporation, on behalf of the corporation. He is oersonally known to m€1or has produced as identification, and acknowledged that s/he did execute this instrument freely and voluntarily for the purposes stated herein. My Commission Expires: N\A-. '- ~~ t"lt. ~~\ W Notary Pu lie, State of Florida (b~ '\~e ~ OtJa.(i ~ ~\\\i",,,,, Get\i~t ~~eele, t:o<cf Print Name Page 10 of 10 Exhibit" A" LM1> DESCRUYJ'ION ZONNli~GB2 GULFS'fREAM PARK CITY OF A VENTUR~, MIAl\U~DADE COUNTY, FLORIDA Portion of Tract A, DONN ACRES, according to the plat thereof as recorded in Plat Book 76, Page 30 of the Public Records of Miami-Dade County, Florida, being more particularly described as follows: '. ~ COMMENCE at the Northeast comer of Tract B of said DONN ACRES and the Northeast comer ofSectiol1 34, Township 51 South, Range 42 East; THENCE South 88001 '22" West on the North line of said Tracts A and B and the North line of said Section 34) a distance of 1,374.03 feet to tile 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 Aventura for highway purposes by Right-of- Way Deed recorded in Official Records Book 17973, Page 3869 of the PubHc Records of Miami. Dade County, Florida; THENCE on said North line of a Parcel of land conveyed to the City of Aventura the following four (4) courses and distances; 1. South 88001 '22" West, a distance of 1078.63 fect to the beginning of a tangent curve concave to the Nortll; 2. Westerly on the arc of saidctlrve 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 having a radius of 3909.83 feet, through a central angle of 07046'10", an arc distance of 530.18 feet to the Northwest corner of said Tmct A and the u1tef3ection with said No.rth line of Section 34; I~repaf\'\l By: CALVN, GIORDANO AND ASSOCI." TF:S, rNc. 1800 Eller Olive, Suite 600 Fort uutlcnlnle. FlmiU3 33316 Seplem~r 09, 2006 P:\ProjL'Cl$\200\ \0 \2.l 93 GUIGlI'C~!n Par\ Bou!l\bry $ur;cyof Mismi Dad~ PortlonlSURVEY\Lcgal Dmripoons\7.onning.. B2 ArCJ Revised 9-0S-2000doc Sheet 1 of3 Sheets THENCE N..orth 88001'22"Easton said Notth lirteo.fTrac. ... tAa. odsaid North line of ", ,," ....' '. ",.. ., .... ". ..... ..' ,"'". .,' -' ',::.. . .. '. ......- . . -- ,.. , . . ... '. . .. ", .. . ,. Sectio. n 341 a distance of 1,290.11..fee...tto the PQINTOFBEGIl\WING; . . . ,- Said lands lying in the City of Aventura,Miami-Dade County, Florida and containing 851,612 square feet {19,550 acres) moreodess. NOTES: 1. Not v4llid\vithoutthesl&,'1UlttIreOOdoriginalembQssed seal ora Florida licensed Professional SurveyorandMapper. 2. 4aA4S4~1\~AAr~n\Ver~'Ii!lI~~I~<1\Y1l1~>sll\'V~~r, ,'far. o.Wl1~~bip, ease~ents, .rights-of..way . or.. other . inStl'ttnientstllat.tnayappear in the Public Records ,of Miarrii-DadeCounty. " . .. 3. Bear~flgssho~;nhereol1arer~ia~\~e t()tfj~:N().rthlitl~QfTracts A and B,. nONN A~,Ji~~CQt~~1ID'~~;~f7~11\~iem;f.liatUi'~il\leCoumy Reeorils, withsaidN()rthJinehayitlgabeari11g~f:SdUth&8POl.'22~'West. 4. Tlte de$Cription cont;liued herein and lheal!llchedsketcl1. does not represent a field Boundary Survey. . cr~(21Xb Pi'epai't'd. .By: CALVINJ GlORDAt~O AND ASSOCIATES, INC. 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Exhibit "B" TRACT A: LAND DESCRIPTION PARKVIEW AT GULFSTREAM CITY OF AVENTURA, MIAMI-DADE COUNTY, FLQRIDA Portions ofTract 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 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-Way Deed recorded in Official Records Book 17973, Page 3869 of the Public Records of Miami-Dade County, Florida; TIffiNCE on the North line of said Parcel conveyed to the City of A ventura the following three (3) courses and distances; 1. Sout h 50'29' I 4" W es~ 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 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; THENCE North 01052'05" West, a distance of 523.58 feet; THENCE South 88009'53" \Vest, a distance of 581.87 feet; TIffiN CE South 01'52'05" 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; THENCE North 01'58'38" West, 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 VIN, GIORDANO AND ASSOClA TES, INC, 1800 Eller Drive, Suite 600 Fort Lauderdale, Florida 33316 Apri128,2006 Revised July 25, 2006 Revised July 26, 2006 P:\Projects\200 1\0 12193 Gulfstrearn Park Boundary Survey of Miami Dade PortionlSURVEYlLegal Descriptions\P ARKVIEW 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 BEGINNING; TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL (see attached): Prepared By: CAL VIN, GIORDANO AND ASSOCIATES, INC. 1800 Eller Drive, Suite 600 Fon Lauderdale, Florida 33316 April 28, 2006 Revised July 25, 2006 Revised July 26, 2006 P:\Projects\2001\012193 Gu1fstream Park Boundary Survey of Miami Dade Portion\SURVEYlLegal Descriptions\PARKVIEW AT GULFSTREAM Revised 7.26.2006 doc Sheet 2 of 5Sheets TRACT B: Portions of Tract A and Tract B, DONN ACRES, according to the plat thereof as recorded in Plat Book 76, Page 30 of the Public Records of Miami-Dade County, Florida, being more particularly described as follows: COMMENCE at the Northeast comer of said Tract B and the Northeast corner of Section 34, Township 51 South, Range 42 East; THENCE South 02021' 14" East on said East line of Tract B and the East line of said Section 34, a distance of 541.55 feet to the Northeast corner of a parcel of land conveyed to the City of 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 32.1 0 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 (216.4 3 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 of257.81 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; THENCE North 88009'5311 East, a distance of 581.87 feet; THENCE South 01052'05" East, a distance of 523.58 feet to the POINT OF BEGINNING; Prepared By: CAL VIN, 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 Gulfstream Park Boundary Survey of Miami Dade PortionlSURVEYlLegal DescriptionslP ARKVIEW AT GULF STREAM Revised 7.26.2006.doc Sheet 3 of 5Sheets Said lands lying in the City of A ventura, Miami-Dade County, Florida and containing a total area of 597,429 Square feet (13.7151 acres) more or less. NOTES: 1.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 Miami-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 J. Clements Professional Surveyor and Mapper Florida Registration Number LS 4479 Date: Prepared By: CAL VIN, 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:\Projects\200 1 \012193 Gulfstream Park Boundary Survey of Miami Dade Portion\SURVEY\Legal Descriptions\P ARKVIEW AT GULF STREAM Revised 7.26-2006 doc Sheet 4 of 5Sheets 6~D'Nnll..lllol,,)<:':ln nl'4 m<:'A':llol-\l<:-A-C'F.17In\\.l")I':l\l<:\nAloln<:\UOIlJO..c ~OO!1 IWOIVj 10 A~A;n<: AJOOUnOQ ~JO..l WO.JISlIn" C'~17In\lnn7\SI~~IOJ..I j i I J i!! lit J!~: ;0. ~~~ "'" :! ! ~i: 1~1IOJ"''iI~ > I- Z ::l o ~CJ Zctw OWe t:a:~ a.t-c -0. a:u.- O.J~ CJ):)~ W C)- C ~ I LL I o --11 :t ~~ W .0--2 ">w W ~:> ~ a: ~ en c( LI. Q.c > I- - <.: '" i o o N II c ... ~ c , ~ c , LOu : ,It ! . rll)~.!.tO ..~.. Ol ..t::i. '(I) ~,..v:", 1 ~..' ,"1"", ;U) 1'!"'.. ~ .": '~r' ... co '" N 1">' . ;t:! I~j I~l~.~ ~.;~l~~ .., t'"TI~Jg';;~' ':~;.:~ .~ ! 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"'.' . ...... ~. . . -. - . ~ .. .... . , Exhibit "c" LANTI DESCRIf1TlON GULFSTREAM PARK BROW ARDCOUNTYPORTIONl.ESS Vl1LAGES AT GULFSTREA:M PARCEL 1 (FEE SIMi)LE ESTATE) The East 180.6 feet of Lot 1, Block 7; LE.~S the NO'rth 75 feet thereof for State Road Right-of- W uy; The SOUtl1)(}DoO feet of Lot 1, Block 7; LESSeleEa..~ 1&0.6 feet theloeof; and also less the West 33.23 feet thereof; Lot 4, Block 7, less tile NOlth 25.00 feet ofthe West 33.23 feet lhert:of; Lots 3 and 4, Block 8; Lots 1, 2,3 and 4, Block 9; Lets 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 Subdivision in Section 2i) To\vnshil' 51 South, R.ange 42 East) acc.ordtng to the Plat of TOWN OF HALLANDALE (MAP OF THE TOWN OF HALLANDALE), according to the Plat thereof, -as recorded in Plat Book B,Prrge 13, Public Records of Dade County, Florida, 00\" being a part ofBrow'ard County, Fbrida. LESS AND EXCE-PT from all the above those p~).rtious lying "'est of the East right"of.. way of Federal High\vay (U.s. No.1), said East rightw(}f..way line being described as t()llows: Beginning at the inteI'section of the NQrth tine of said Lot 2, Block 1 O,~lith a line that lies 90.00 feet East of and parallel .with the West Hne of the ~utheast One- Quarter (S.E.%) of said Section 27; thence Southerl,. along said paraUelline a distance of 1869.97 feet to the jlllint of ClI!Valtlre oft carve eoncave to the West and baving a radius 00909.&3 feet; thence Southerly along said curve through a central angle of 12 degrees 03 minutes 38 :seconds for all tntdistance of 823.01 feet to a point of terminus on tile South line of the Southeast One Quarter (S.IlY.) of said Set\ion 27, TOWnship 51 South, Range 42 Eas~ Broward County~ Florida. Portion~ of the Plat of TO\VN OF HALLENDALE {MAP OF THE TO\VN OF HALLANDAlE}, according to the Pllll therco~ as recorded in Plat Book B, Page 13, Public Rerord$ C)f Miami-Dade County (l\roward Cc>lIllly), Flc>rida, IIC)W being a portion of Broward CmUlty, Florida, as reflected in the legal desc~ption set forth above were replatted by Ule follo't\~ng plats: HALLANDAlE PARK NO, 12 PART 2, recorded in Plat Book 10, Page 17, Public Retllrds of Miami.Dade County, Florida, now being a portion of Broward Counly, Florida. B) HALI-ANDALE PARK NO. 12 REVISED (RNIERA) SECTIONS, recorded in Plat Book 10, Page 18, Public Records of Mi ami.Dade County (Broward County). Florida. now being a portion of Broward County, Florids. Pl\.~1'td Dr. CAt VIN, OIORD,'\NO ^,~D ASSOrl."', TF.S.INC. \800 !!Iltr Dri~., Suiie 6110 p{lttUlJdel'dclll, FloriJa ,333 j 6 ,.~ lJfi I 28. 2CW P:'mje.:~\2Ot'W/J41324 Gl.I1::~Ir\'alli\SURVEY'l.egaIOl;,::~Jiplion.~\GulfW~fl'\.Browllro portion 1t$S V\lla~'lLdo~ Sheet I of 15 Sheets C) GOLDEN ISLES BOULEVARD ANNEX BENCH {BEACH} SECTION, recorded in Plat BoolA 12, P~e 46, Public Records of Miami-Dade C.ouuty (Broward County), Rotida,nnwbeinga pmUQl1of.Broward County, Il'lQrida. AND All of the Sllbdivisions of ROLL YDALE PARK, accotw.nS to the Plat thereof; as recol'ded in Plat Hook II ,Page2,P\iblic Reoords ofBro\\'ardGotmtYl FlQoda. LESSAJ\iD EXCEPT n:IEREPROM an of Hibiscus Street ttS snownonsaid HOLL i'DALE PARK, a/kia the North 25 fuel of the Souffm-est Olle Quarter (S. W, '!.O) of the Soutirwe$i Oue Quarter (S,W.~) {'If the Northeast One Quarter (N.E.1l4) of Section 27, Township 51 St)utl~ Range 42 Eas4 Broward Counly,Florida. 1\150 EXClW!ING 1'fiER:EFROM aU that portion ohaid tlollyOOle Pm lying West of a line 90.00 feet East of Md pamllel with the West line of the Southwest One Qulllter (S.W.I/4) of the SouthWest One Quarter (S.W.1/4) of dle Northeast One Qulltter (NJi.l/4) of Section 27, TOW'fiShip 51 South, Range 42Ea~ Bro'A'ttrd County, Florida. AND The West One Half (W.I/2) of the Southwest One Quartet (S. W.114) of the Northwest One QUill'ler (N. W.1I4) of me Southwest One Quarter (S. IV .1/4) lll1d the West One Half (W.I!2) of the Northwest One Quarter (N,W.1i4) of the Southwest One Quarter (S. W.l14) of the Souihwest Olle Quart... (S. W.1I4) of Sectinn 26, T IIwnship 51 Soulh, Range 42 East,Broward County, Florida. ALSO LESS ANn EXCEPT TIlEREFROM all of the above description property cQoveyed,by the Deed to the Slate of Flolidn for llseand benefit of tbe State of Florida Department of Tl1illSpOrtation as set forth in the Deed recotded in Official Records Book 13597, Page 886, Pubfie Reconls of Broward County, Florida, described lIS follows: That part of Lots 2 and 3, Blotk 15, TOWN OF HAllANDALE, according to the Plat thereof; as recorded in Plat Book B; Page 13, Public Records in Broward Collllty (Dade COUilly), Florida, said part being more particularlydescrlbed as follows: Collllllence at the NllItheast corner of the Southeast Quart<< of Section 27, Tmvnship S I Sooth, RaIlgl: 42 East; thence South 87 degrees 07 minU!e$ 18 scoonds West along the North line of said Southeast Qulltter of Seedon 27, a distance of 2665. 11 feet to the Northwest corner of said Southeast Quarter ofSection 27; lbence Soulb Q2 ~ S2 minutes 00 seeorxls East atong the West line of the East Half of said Section 27, a distance of 1869.97 feet; UleI1ce North 87 degrees 08 minutes 00 5I:COIIdsEast, a distance of 94.S feet; thenCe South 02 degrees 52 minutea 00 seconds East, a distMee of 4.32 feet to the POINT OF BEGINNING; thena: rontiutlC South 02 degrees 52 minutes 00 S<<onds East, a distance of 32.91 feet to the beginning of a cn concave Westerly, having a radius of 3743.00 feet lllld a chnrd bearing of South 00 degrees 21 min1ltcs 43 seconds East; thence run Southerly along the arc of said curve lIlrough a central angle of 5 degrees 00 minutes 35 Pr~i>~ By: CALVIN. GK>!U')ANO M~D ASS{)n~ lr.s, INC- !$P,O Ellct Dr;..i:, Suite ~ Fcrt La~Ic. F1MiL13S3t~ A,pril !ll. 2006 P\f\r(~"t:ll:\2fXI4"o.Ult2il ClUlf:'1~l\1n\SU'k VE Y\L~Slll Darjplk'(\,:()'d~lretrll..f.l:lI~$i'{i portiOn k.'lS Vil1nte:.uloc Sheet 2 of 15 Sheets seconds, a distmlce of 32711 fee~ tht~llce South 6 de~lj'ees 49 minutes 12 seconds "vV es~ ,1 distam....e of99,85re:et to a p<",int ()11 Uw existing Eastcdyright.t)f.w~lY line of State Road 5 and the hegllmingofa cnrveconc~i'Ve tome West~:said,t~ltvelr.~vinga miusof 3819 .S) feet and a ch\lrd bearing of No,rth Idc,grec 32. minutes 43' seconds Etlst; thence Northerly along the arc of said curve a dist~Jnce or 318.44:feet through a c'entn\langle of 4 degrees 4,6tuinntes 35 se~1nds to the end ofstlid curve; thence alongthe South line of s~ud Lot 3, Block 15) N{lrth 87 dCb'tct.1 02 minutes 19 seconds Bast a di~anl:e of 2.11 feet;tbence t~t1tinue alongsifidexistingEasterty right.of'"wayHne Nrrrth 2 degrees 52 mh.lutcs 00 secol1ltsW'est,a distance of 14001'9 feet; thence leaving sili,dexisnng Eastt1Iy rtghtAof- way line fun North 87 degrees 08 minutes 00 seconds East a distance of 4.50 feet to the POIJ"T OF BEGiNNING. ALSO LESS AND EXCEPT THEREFROM all of the above desCribed . Jm>;pett}1 conveyed to the State of ,Florida for tbe nse and bl'..'1lefit of the Slate ofFl-orida DCpat'Umi:nl of Transponation as set fblth in the Deed recorded in Official Re(:ol'd~ Book 15493, ,Pnge 113, 'Public Rec<;.rds of llt()ward C()tt:nty~ Florida, dt-'Scribedas foHows: That patt of Lots J 0 and 11, Bloe.k 2, of HOLLYDALEPARK, aecording to the Plallhereof~ as Tt~()rded in 'Plat BOl,k II, Pabre 2, Public Records ofBroward County, PJorida~ and that pan of u 25 footabar~d(:rned ,uld vl\~'tted road as shown on said Plat of Holiydale Park and that part of Lot 2, Block 10, of the TOWN OF HALLANDALE, according to tbe Plat thereof, as rt~orded in Plat Bo(}k B, Page 13, Public Records in Dttde C.(lUntYI Florida, said part being lrore part:icul~lrly described as follows: Commence at tile Southwest comet oftlm Northwest Quarter in Section 27, Township 51 South, Range 42 East; thence North 87 degrees 07 minutes 2Sseconds Eas~ along tlH~ Quarte:r Section line of said Section 27 ~ dist~lnc~of 2655.87 feet to the haselineof survey for State Road 5~ thence North 02 degrees 52 minutes 00 se\.~ml~ West, a distance of 62..77 feet; thence Nordl 87 d~grees 08 minutes ()O seC011ds East, a distance of 90.00 feet to the Ensterly existing right-ot-way for State RQad 5 and dlePOINT Or: BEGINNING; tOOnce South 67 degl'tcs 58 minutes 47 Sc-eonds East, a disU\t1ce of 23.16; thence North 87 degret'S 07 minutes 18 $Cco,nds East, a distance of 10.97 feet; thence South 02 degrees 52 mimttes 42sec(,nds East, a distance of 106.00 feet; thence SoUtll 42 degrees 07 minutes 39 secondsWes~ a distance of 38.89 tbet; thence South 02 degrees 52 minutes 00 seconds East, a distance of 200.25 feet; thence Soutb 00 degrees 56 minutes 51 se(.,'Onds West, a distance of 67.65 feet; thence North 02 degrees S2 minlltes 00 seconds West, a di$tance of 411.00 feet to tbe POINT OF B,EGTh1\i1NG~ and that part of Lots 1 and 2 in Block 1 of HOLLYDALE PARK, ac.corditlg to the Plat thereof, as recorded in Plat Book 11, Page 2, of the Public Records inB,roward COllnty,Florida~ said part being more particularly descrihed as foHo\vs: COmmelKeatthe Southwest corner of the Northwest Quarter in Section 271 To\'\'nship 5 I South, Range 42 East; thence North 87 degrees 07 minutt~ 28 seconds East, a dist.au'Ce of 2655.87 feet to the ba$eHn~ of Survey for State Ro~15; thence North 02 degrees 52 minutes 00 seconds West, a distance of 618.41 feet; thenc.e South 87 de~et)$ OS minutes 00 seconds East; a distance of 90.00 ~ - feet to the POINT OF BEOfNN1NG; thenee North 32 degn,'eS 50 minutes 45 seconds Prepmi! By:: CAlVL" GIORDAN() AND AS.sOCli\lES, lJIi'C. 1,$00 Eller DI'i ve. SUlle 600 Fort Laudrrdlllc. Fk.vi41.ll1 J6 Apnm,ZOO6 li:'Projt>e'lS'J004"lM2S14 Gdhtrl'ltllf<SURVJ:.Y\Leg:a1 D.:~criptiGlI3\l1111f,.tl'"Jl:I11-B1,()\I;1l1d PMfol! k~':iVil~5 doc Sheet 3 of 15 Sheets , .:'.1 . .... . . "'. . ...... ,-, ~ '. -I'M'... ,'. .. , E~l$t a distance of 40,03 leet; thence South8? degl~es 12 nrinutes47 set1ondsWest, a dist1l1ce of 23.36 feet to the Bastedy existingrigbt.of.;wa,y for State Road .5; thence SOllth . 02 degrees 52mhlutes QO sec.o.ndsEasl, adi$tanceaf 3253 feet to the POINT OF BEGINNING, LESS THEREFROM THE FOLLOWING DESCRIBED PARCEL: A :p<>rtion of Lots 1,3 -and 4, Block7.l.ots 1 thro'ugh4" Bloc-k 10, and Lots 1 through 3, Block 15 all in MAP OF THE TOWN OF HALLA,N'DAtE, according to the plat thereof as recorded ill Plat BO(}K HI 'Page 13 of the Public Rec(mls of Dade County, Florida, also being portions of HALLA rID ALE PARK NO. 12. PART 21 according to the pInt thereof as recoded in Plat Book 10, Page 17, portions of HOLLY DALE PARK, according to the plat thereof as recorded in }'}at Book 11 ) Page 2 an~lpl,)rtions of HALLANDALE PARK NO. 12, according to the plat tlleroof as recorded in Plat Book 12, Page 35, the three (3) previol1s pInts bein.g recorded in the Puh:li-c Records of .Bro\vard County, Florida and beingparticukt1'1y de.scribed as foUmvs: COJVlli.fl:"NCINGat the SoutheaSlcornerof Section 27, Township 51 South, Range 42 East, Broward County, Florida; TH.!NCE South S8"'!)} '22" West (hasisofbearlngs) on the South line of s.1id Section 27 ~ a distanc,e of2,093.59 feet tot11c POINT OF BEGINNING; THENCE continue South 88i>O 1'22\IW tb1 On said South line of Section 27, a distance of 57055 feet to the intersection with the East right..of-Wl1Y line of South Federal Higbl.vay (U.S. 1 ) as shown 'on State of Florida Department of Transportation Right..of-Way Maps for State Road 5, Section 86m 0..2519, said point located au the arc of a nOll-tangent CUt'YC COncave to the West, whose radius point hears North 19045'4211 West; THE.l\1CE On S4:'lid East right-Qf-way line of South Federal Highway (U.S. 1) the following sixteen courses and di:stanc-es; 1. NQrtherlyon the l},rcoI said curve having at radius of 31909,83 feet. tM.')ugh a centt'alangle of 05016'331\ and an arc disL'lnee of 360.01 feet to a point of oon- t.~n. g..N>nc..\'~ ,. ;'w, J ;f ~;',;'''' 2. South 85Q02'14" East, a distance ofO.8S feet; 3, North 07051'26" East, a distance of 99.85 feet to a point on tlle arc of a n~)n- tangent curyc concave to the West, wht>oo radius point bears North 86049'11 M West; ",- Prepared By: CALViN. GIORDANO ANO ASSOCI.ATts, INC_ 1000 flier &"I\'t. Su~600 FM ~k. Roritl" m If> Apri12S, 2006 P:"~rojtXI3\20toi1j42824 rJ.\lltlll'Wn'SUR VE!'\L~ta! ~pI.ivn~\t.iul&lrt:lm-Blw'ilrd portion It.;s vm.diX Sheet 4 of 15 Sheets "",........ 2. Lantls described hereon were not ahsttiictedl by the surveyor, fot OWftership, easementsr- righhH~r'Way (}r otbertrtstn,tmenls thm may nppe.lr in the Public Records ofBro\vnrd C(mnty. 3. The descl'iption contained herein WiiS prepared from il,Connationprovided by the client. 4, the description contninedherdn docs not represent llfieldBoundary Survey. ., I! i (S2'. sl). ~~ I' l' . r ..... ;~/, ...... ...\ .. '.Il..< '"'. 'ro; CALV.I...~.'. ~.' GIORDANO A~l,./..:.,j... j~\S..;16CIA1E.'S, INC. I j /' ./11 I 1/ / l' f / i I..//J / . t' i J III A0A .'1 .1{ I ,~ '~.. .-'. ~ .. ...~ .. z " '. " ',r: . . 1.1 . . 1l' ."'. . .. ,. .... .._ /Jtp '/J · // I, 4J. ,t : v. . :" D, t ,. Lf::..-' ...rr~~.A) I. ,,",. . 1/,1 . t~, . . '. a c. \.... \.~, --"....j[-.:Sa ---~'l. -"r.:~ -1Ii. ._.".._..2_...".._~._,___ Grfgo~ J. Clerr~{lts l/ ." ... PpofeSSlonal SU1\'cy9f and Mapper f1{)ridt'l. Registrntil.1fl Number LS 4479 I Prt.1ll1I\'!d Dy: (ALVIN. CIORDANO AND ASSOCIATES, iNC J SOO E~ Dri\<e, ~ MO f'\lf11..a.ll'lk."'lIale. 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I I ~ I i I I - -i. .~ ,...-.,...--~_.- .: ---"' '. --:,.... !i ," - - . .'15 ... ..., - - ....... '- - -.. ..' .' .... . . . MATCH Lml _ .... · . HEET 11 ,f . . .. 'I' '~ <t :y ,/ '"~ "'I I.> f.. i'1 n -l ,/,. / '-.1 g $- ./ CJ ,~ N. OJ: l\} .j). ,~, .c r "\ Vi .,., ~ f~ > t: ,/' tA' C ;c. ~ ~) -< ,,/' !R I'fl .wj (') ;~ b ~ I\) (W) "-' .~ I < I 1)1 " I OJ :1J o ~ .~ ~ I r" rr1 (j) tIl I -< F t'" >- C"l i"1 b ~. Q Exhibit "D" L ".:l\;.m\; 'f'\ ti,(~t'iD'l1)~r:I/,,\1\;t ,'.tlJ'(OJ:/.olJ.Vl;\:Lrl \.It, . "... " .'. - VILLAGE AlGLtt;t:;slR:EA!i\r:P ARK EXHIBIT . . . AportiQo ofLol-s1, lttnd 4, Block 7', Ll)tsltht6l1gtl:~,;Srock lO;atldLoh, 1 thr()ugh3,~1~k 15 all ill Mr'\.P OF THE TOWN OF HALLANDALE,acbommg to the putt thel'eot asrecortled in Plat Book B, Page 13 of the PubHc Records of Dade County, Floti~ also beltrg J'i:>rtions of HALLA1\IDALE PARK NO. 12, PART 2,accorcling to the.plat thereof as re~()ded in Plat Book 10, Page 17, portions of HOLLYDALE Pt\RK,~a~~rg4t,g to the platthereo'f as reeo;rded hi Plat Book 11 tP'lge 2 and portions :of fiAUANDAtEPARKNt).1~,ac6ordmgto theplattlici-e:oras recorded in Pk1t Book 12, Page 35, the three (3)previous plats being recorded in the Pllblic Re.cordsof Bro\vard County. Florida and bdng particularly descrtbed as foJlows: COMMENCING at the Soufbe~~st comerofSection27, Township Sdl South, Range 42 East. Broward County, Florida; THENCE South 8so01'2t' West on the South line of said Section 27,. a distance of2,093.59 foot to the POINT OF BEGINNL\IG; THENCE continue South 88001'22" West on said South line of Section 27, a distance of 57055 feet to the intersecdon with tbe East right-or-way line 'of SOUdl Federal Highway (U.S. 1) as shown on State of Florida Department of Transportation Right-of-Way Maps for State Road 5, Section 86010-2519, said point locate\Cl on the arc of a non-tangent curve COllcave to tile We~ who~e radius point bears North 79045'4211. W e,s~ THENCE on said &1St right-or-way line of SOUfll Fe~eral Highway (U.S. 1) the following sixteen courses and distances; L Northerly On the arc of said cUrve having a rMhl$of3,909.83 fee~ through a central angle of OS:l16'33") and an atc distance of 360.01 feet to a point of non-t~lllgency; 2, South 85002'1411 Ea.it, a distance of 0.85 feet; 3. North 07051'26" East, a dist:1.llce of99.85 fe<< to a point on the are of a non..tangent curve concave to the West, whose radius point bears North ,86049'11" West; 4, Northerly on the arc of ~'rid curve having a radius of 3,74100 feet, through a central angle of 05000135/1., and an arc distance 002717 feet to a point of tangency; 5. North 01049'46" West, a distanc.e ()f32.91 feet; i're~.a~d By C A LVlN, GTORDANO AND ASSOCI., TES, INC. lllOO Eller Drive., Suite 600 Fort Lallderd~lt, F1oridl\ 33316 July 6,2005 kllVisC(j August J, 2005 ReVised September .2u, 2005 Z:I200.:;\04Z3240\llfstre3m\sURVEY\Lesal DI:scriptionaWillal,c at Gul!~lreall1.d(lC Sheet 1 ofg Sheets . '" .'- , -'-.-. "-. .' ~'-'"'''' "'- ,-... .. n.__... ... ..', 6. South 8S010'14"Wcs1., a distance of 4.50 teet lGlupoitto:nthe arcofa non,.t~mgent curve C(.lnCfi'Ve 'to the Wcst,\.'vhos€l'aditls point hears SOllUt8S 01 41(12ll Wes~ 7, Nortl1eriYQit.tbear.c >o:f.,$aidClltye8avi~&:,a,;raqlU$,~f3,~09.S3feet, throllgh a central ang~e..'()f:O&\{}51~tgtll.~ln..ntc.~startQe.ttf.4:~;in{~~t.t~,~~.~~~to:f;t~ng~ncy; , . ". .- , , , .., '..-"...-. ''''-'. _'W ... . -. - . .. "', ., ."-, ... . . o. S. No.6thOl o4S)'~'''West}adlsttince4fl,5~:li~5I~et;.; 9. North 02'Cl03107f1 EMt,a dlstanceqf'6Ji,(i$J~t; .. : .,',., ...- 10. North 01049(4611 W~1t~idlstaneeof2cr\);~~re~t;.. 11> North 4J~()7'4.8n Eastradi~t~nQe9r3s'.89'f~e1; , , . .. ". . ".. . . '" -.., ',-'. . . . . . 12. NorthOl052'33"\\Te~iladlstatley'~i.]~Q,~~fe~t;. 13. Sonth8RP07'27j!:West, a.distatlceoflO.97ke~; 14, North66'J56155"West,a distanceof23.16:tt.'et; 15. North 01 o50'0g" West, a,distarice of 55$. 82Ieet; 16. North. 33052'3711 Eas~ a.{listance of 40.03feer to .fhe intersection WiUl the South right.,Qf. wa~IJine of Hibiscus.Street...asshaWR(lt1. THE. 'PROMENADE AT HALLANDALE. a~~ording.."tQ.,.th~.Plat.th~-feof.tls.,'feGQEd~~l;i11P!atl~~q~ .1.12, .~tt~ .4 ..ofthe. Public .f{e@rtlli ofBmw1lrdpoUnty, Ji'Jol'iili1; . . . THENCE North 88QTS'391i Eastonsaid,Sb~~ltignk():f-'tV~Yl~l~ Atttl'its :Easterlyproj.ecti'on,a distance of594J3 feet . ... . .TFlENJCE.'8 th....Ol'o4.6'.Yl.n..E..... . .d' ..... .......,......f...'.l\M.l\o;.... . . ... . ~ ., ". . ou . ... ...... ~,: ast~aLStaoCeQ 'hJA~'J;~eK THENCE North 88b 1313,9'1. East, adistanc~:'of~lQ/+l~<t . . , . ._,'" ,'" ", ..... THENCE SouthOl'ot16ili~~1l~ a di~Cebi29;'8g':rerit;. THENCE South 0 1 c5010811Eas~a 4istance.~f:414.~Ot~t; . . , . . . . . , .'. .. '. .. . THENCE Ncrrtb8Bo09152~! East,a dist<h.lce.of2J7,46fe~t; THENCE South Olo53i41IlEast.adistanceoflt~Q5~41-feefto apoinfon the arc of anon-tangent curve concave to the SOlltheast~whose radiusp.Qintbem:s SouIh 08?25'3211. East; Pn:parcd By: CALVIN,GtORDAN(J A;~D ASSOCt.l,U:S, iNC. 1800 Eller Ori\'t. Sulie 600 Fort!.audi.1'daie,Florida :>3316 July 6, 200~ Revised Aupt3, 200 S Revised StJ'lcmbcr 26, 2005 Z:\1004\041tn4 Gulf.itrelllll'S G'RYEY\1.ccglil DtscriptiO"sWll~ lit Gulfstreilrn,dOl: Sheet 2 of8 Sheets ...................".", .~..._._w_A..... .....'.....".,-~.., ....-~"._.. ". ........... .... ......, .........." ".,.., ," _, ..,....,.^'._.. .... ....... .......~. ,n THENCE Southwe,qtetly ,{ll1lhe;a1'ct)fs~iGctl~~~ba~tl~tg,~,ra~~sof59;13 feet, tMiJugh nCet11t~tl angle of81 041152" ~ an arc dis1anceofS4:S1.feet$Qaptfftlt.t1ftro~e11c,y; THENCE..South OOQ07'24" Enst'.4dl$t.anceof3'4.90'I-eet; ..... .' . ... ,. THENCE South 8goa9i52!l West,adistanc0of170,Olfeet; THENCE So'uth Q 1 ~SO'0811 Eastiadi~tlillC,~o.f,:~26;99 .fe~ttt;ijL.J)oinlOn theme of anon-tangent curve concave to tlle East, whoserad:illsl)ttiiit'~e~s's(}ut1i12;)3-s~~'rEast; - '. THENCE. SOlltherly otlthe.arc'orsaidcilrye:li~Y,i~ga:tfl(UUS:~flt6.0S .feeJ, through aCe1ltIm angle of 158029;04'\ and an atc dlstIDl;ce,of~21;Q~.f~eHd.'(t;ptlilitofno:n-tanget1cy; r.. 'E.'\:.rce S.. ... 'I. A l'l.Mi'l'(V'lll D. ... ....d... "', ,(-1t"::A,n'''' ....,... .. .. II ,it ./0 .. OUt.l vl~~l) jO'pastf,a:jSI~ge'qX':q~;~i~~"'.1,~~~1 . .... . ..' ..... THENCE. SOllthSso0915 2 ii W estjaflistanceofl~3;'11Teet; . ,-. . . . ." ..., -. . . .. .. TRENCESouth 431)09152 It West, ,adisfapcebf2j6,44fci6f; . , "' . . . . " ..... ..,. . THENCE Soutn. (}11)50108t'.'Eastja.oJi~t~\ti(!elif'6i1'gi~~fe~tt<JUle 'PQ'ti\i!..OF. BEGINNING; Saidhlnds ..1yillg in the CityofHallart(ia]eBeach,:Broward County, Florida and cbntainirtg 2,646,985 sqtmre fe,et(60.7'664 acres),:nlore prIess. . NOTES: 1. Not valid ,with(Juttb,t}sign~ntre,and .odgin~l,ernPo~$e<l seal of a florida liOO115OO ProfessiooalSurveyor and'~fttPPcI", .. . , 2. . Lands dt'scribed. hereon were notabstractedl bythes:Ul'vey()rlfQrownership,eaSell'l~1ts, rights~of-wa)' o.rO'theriI1strumentSJhattnq~ '~peat,in the Public Rcqords. of. Broward . Co'~mty. ", ... . .. . ...... . .. . . ..... '" .'~ 3. Bearings shownhereonarere1~Yeto .!b~. SQttthline(}fthe SE 1h of See'Don 27~5h42 havin,<rabearln'O' ()fSOuflt8S001~22't;\Vest.. . ~"O . .c. r.. .. , . . . ... . .... ..." , 4~ Thedescriptien cQntained;ne~l1andtlte~ttacMd J~ketcl1'dQ tlt)l repr~~nt afield Boundary Survey:, . . ... . Prepar:il By, CAtYb\j,GlOlUJAi'\lO AND As')OClATES.IN.C. 1 SOO Eller Ori\'e, Suite 600 Fi)ft Lauderdale. Florida 33316 July 6,2005 . Rcvi$~d August j. 2005 Revi~ Sepl1:mbcr 26. lOOS 2:\20041.04282>1 Gul~1rea;m\SLJRVEY\L~11 De.~ripcioJI$Wil1a~ at {iul{,m:un.doc Sheet 3 of 8 Sheets ^~....._... ""..-.."" .,........... '....."'...,... ""....,,. '" .~-,.... . ........... . -,'"'.. .. ..............,.~_.,..".........,-,....." SURVE'l~OR'SCER'fIFICATE: . , . ] HEREBYCERl'1fY:~hatthisnSKEl'~ElW{) ..~S~~~"(f~I()N'I.\1ftllepropetty sb()\\'tl.bereon..is .tnteand'cQtte$ttQtheh~~ii$.tP'~~~ltP:\~~l~ie;:~~~!~~ti~fas'ree.entIYtlntWllllnde:t~ .. :mYf)lqlervislotl.'fliis.skelclian(l.1~gal ..'~f> ........ - ... ... ..... .... "e~titiiq1ttnll~~rical '.. , ',' ,',: ::-. .'",.-.' ': ._ ":' - .. .-....... '_, ", ':.0::". _ :':":.:: .:~i>':"::""',:_,, :',1,:: ",:_:i:'.',,,'::".__ ,:=:." ',;::_ " "',", '.:' . Shllldards set :forth bY1!he'~FJ():ridtlStateBoardlY . lb1't~l;Sur~;e~O~;a1XlI 'M~~rslUChu.pler ' ',' :', ',' . ," ",. , ,,'.'" -. .', ", . .. ..:"",', :," ': ." I:': . ':','_ : ,".. ":"'''>'';,.:"..;. '..:.' "~",','".< ',: : ,_".' _'.....:: .' .,', ',* ., filGl'i"6J.. Florida AdmtnistrativeC.ode nurslt!r1ttt)4j2~OZjl?lorrd. a. S.,. t:.1tut.e,.s. // . . .d"r\ . . . 1" . ..... .......... ...... II . / l' 1/ .. ......1/ / CAI.}!. 'fN,. G.. IORDlh)f<!~(AJjDASS. ~o~,..GJ\T. E......s; INC. .h> .... l/?Ll' ,;;"t., ..... I,.'L,.. .U1. . .... VJ.. .... ... ,> jA~I... ..T'\...... 'lte. .... .. lJ....,... ~t/f.... :~r/tii.. .. ,....... .'... ", ,~vQ. ~/.... '0 ,*-, Grego: J. (jtn;r~n . .. .... . i .... . ..- rProfcs$iom~StH~eyor..and.,M.apper . IFlorida Registr~tion NUh1ber LS 4479 Pre;'~rtd By CALVlNj G:I0RDANO AND^SSOCli\T~ INC. I &00 Eller Drive, SUite. 600 F(lft t.lluderd:lle, Floriil1l3l316 July 6. 2005 Revise~ AUplSl 3, 2005 Re\~scd September 26. 2005 Z: \2l)04'4)42824 G\ll:istre'olmISURYE Y\Li:g'J.10escr\ptk1ns\ V11~ at Qutf.-smnl.<k.'C Sheet 4 of 8 Sheets "...."..h.................,.."_ ..." "'.,'''''.'''''''.,......,~~.y'''.~____......,..._'''__. .......-......."'...."...,'-..._,.....".A..........,".......".. '",,,,~,,_,,"...'_" . Sl<tTtHTO. ,.A\€CQ~~"~~~cf"t:.[~~t....L1t$C~'JPTrQN . . '- - ,....." '. . -. .....,.,. . .... v.. .'If'L ^ {"'J::ATnl;ffl7C"TDr A1JI01\Dtt . .'. L. '.h\.7I_hr .'I.d\JLf 'Q(fN~:f'iNrrt:\r)T\' . . '., . " "". E~f~rSJT' .:1 j 5 I i .~. ~'l ..:..::' of " . LOC~TlONM.AP ~t"'tCl~CAtt INDEX SHEns '~4 ~ mw. OCSCRIP1iON AND NOTES SHEET 5- LOCA nON #/0 KEY tAAPS SHftts &~6 ~ sKncrlE:S . .~ q.it.' [ .. lO ,j j. 8 N ~ t l/) o : g ~ f N ~ J' f l e ! R€VSiON 41 ~ , 08-03-2005 ~AI)E CORRtcnoNS ~ 2 09-:26-2005 REVISED aOUHDAA'1' .. :a l\j j KEY MAP Nor TO stAll ~*""~1nc.11 I I~__ 'I ~!to I !1m '1i.\!IlM1 ....liIoMii - I Gl.IiFS1lfAlI PARK RAW: ASSOCIA1Ittl, IIIC. ~ Q.\-~ :: =::"1.. . I art If I/.lJ.IIIIllII ~.. tQJM1'(. MIID.\ ... C;;;;::l 5 ~ -*~'mI. !...t\SUiltM I eny (If'AVEHiUR~ MIAWi-DADE :cootITY A.OOlOA I f ~., ~.. I .. '07105/2005 SEE LeFT j llf 8 N ....."...", '-.-"-.-.", ....-..-.."......,.--.. ',-_... .....,.......,,-~-...... .. ......-_....'....n I SeU~illOf8 .~ .~. ~ ---";'~ --- .........-. ~ ---........... r-- 1 I i ! o GRAPHIC SCALE .11XL ..~ ..40" ~;cj;: ..~.'~.O .0.,......1 .,-"'1.... "" .0 . .l/)~~;,C' fi". ~A!.:.:!E~~ .. ~ ., ~ I .OR?; g('n}; li'lJ WIo."'l. B,..",,~, ',.:: Ii . "tOOi.];l. ..1 . t 68'09'5~'II 11 I I \ I I ~ .~~ (. , " L~Ge~~r :~CR . .. J~~~.(It:d,c~l'ilyRilC\)r4, ,:(:.... . l\l;~~tral,^ngle :~. '..'Q.ili\t~i! ~Q. '.. .O~.. .~L .: '~"lY Rfieords . :ffiJ'pIL';..~ndPU9il ~l...Ft~J~QP~ilr \1I'Idlll)ht to ....JdAlItlfieotiQn t llI~S~ .. LB .~$\le~ oRB iii.. ~rdsBOok P .. ..Plet. ... ;~e .Pt~t~ PG .. p.cg~ . P;Q,B, ..Point of lXijitmln9 P,Q,C; · Point . of Comrn<<lleemerlt It ..Radtlll ~. 1& :l~~~, . .R/tI .Ri~l;'Cf--WllY ste"'S~tIQll ~,t'.. .~t.;'ot ~ .. r~~1ll1p l(EYI.lAf' "l!JSt1;,[ REVSlON 1 08-03- 2005 WAOE CORRtCTlONS 2 0\),-:26,.2005 REVlSEO BaUNMRY '=..a::.-.:=w. r ~PAm< ~N~ ~11(UlC, 7-.200,0' 1'":;824 I..... ,1800 III.. - MlIIlllCfiY OFIWUNOAlE.!AfJi, IJWIYARO camiY,FlORIOA ~'- -----.1 6. r.t~1W4.-.e .. ... OIilt ~IU I JiIwu: tduZI;tm hl **.lIllCi'r 'rY Of 1... .. HliUI. .. 1"11II. . I' ~ 0'1 ~U""_- On ~VEH1URA,""',-DADEwvNIY.FlORlOAOi /05(2005 SEE u:FT 1 Cf 8 .... .'''...,'....~.~_d^._...". 'SKE:lcH. mfbACCOMpAr~Y. .LEGj~l .D2SGRIPTJON \'1.' 'L ^ . ~.E ^ T..nLJL17S... ..r.D'E.A 11 D ~ ~) K .: L;""b. f\.0UT.'r\.f'dVi rf.K" rXJ1J&TT .--:-'7t.t~'i;'i~(:';' ..~ ..;L . ..... ._: .~ s~eru LS . - """'7'WJ1'lla'f)l!~W :( . ,..-- <;:....;...-.~,l\7.' , ! " :~tOT~j.:, ' ~ rt-... iltiS'$5'~5.W ' ' , , : i ~ ~ ~3:1" " ' _ < _ _ ; _ '_. : . . _ \ I. . \. '"e"l'{)""27"W c...., . . - - , , 1 ~i 0 _.~ I .J .... __.... _,,'__~.~ ~ ~. _~ ^ , . 0 1Q.~1 _ _ ".....,~... _ . _, oj" ___.. j ~ - ,.~ t.- ~.ti~... " " f'"v\r LU.I~ ~ ' ~)Q 'I'll') ".~ a. EC.~.. 1 :~... " i"'\.'~~ <:~ l,~, *~ L4-I ~ :11 ,..., ~.~~ ~;1. .~ =,~ ~d ;I~... ::"; ~J S~ ~N ..--- , . ...,,~, -- '.- f' ^,"'" .,.. ..^.,~ w.,l'. ~l 0'/6 .. :~ ~,q; 'z: GRAPHiC SCALE ~~ ., . ., .. . . , , .. '''d'.,." . '. '''.',''.'h .'. ,... ,"" .. .."......, . .. '. "" '. .........,',;'. <.::.;.:';'.:':'~ -> (INFpT I . linch=2QO ft. -.; lOrltt.~ 2i80S;~6SQ.f1'. 6:4;'4iJ69ACltES t .Q, Jil. ,l) J It'l ~ . >-< t...I/l'^ ~ <of{ ,~ X. '... ~..'O.., '(!1 ~: .~ t. ! i .Ill ...l ! ~ .>> It'''''' "' W.... 'J A... ....CIli ~B ~ Fit :) o tIl ,. .< ...~ ....., ,. ~1 ~ LEGEND: !leR' ~ ..'B.f\)wqtdCQUllt~ ,.. Rec(lrds .CA. .~~~ ,/{g~lf . t...delltflrtm<l ' . b ",n~~. CIa . ii :o.~lla llcok OCrt "~~DQcICounty~eeords FBIFC,;i 'F,mrd<eOOll .ond.. Pag.. FPL -f1orldQPo1r.r<anHight 10 .. ldentlfltQUoll . L... ~lSllqth. . l:8 III t~n~idau8&lllS3 ORa ... Of~ticlReC()r-dsBoO'~ P = Plot ~f3 -Pl4t Book . PC .p~ MJ:l. .pollihr~J~illn9 ?O;c. .. ..~,~.,...tll'Co!l'\ml:l!cemellt ..R ."'~a4i1ts . . ROE. -RG/lge RIW . .. ~h'~QH{ay SEe . sectlcn sQ.n '" S<lUll'I'e f'ellt nw · To.~ir,'P \ . .11$ . I'll . KEVWAP lUt.lQkl $ r tI' o III J ~ N. ~ g ,/ ~ ~, ~ l't ~ f ~ a 'or ~ ..t , - REVS10N 1 OS-CJ3:...2005 M^DECORRtCl1ONS ~ 09-26-2005 REYlSf.OBOUtiOARY ... N ....... .......... -- ...- -..- --- ............. SEE SHEET 60f S l".J.i- ~.. .~.L.~ ~~_..; . ..t_ ...... .~.. ,..,.. UOO_llrM." * 1wt ~JIillfai_ ~QIlIl"".1Itt hl 't6Ua1.1OO7 '.~. fIiI. kthcftatl6i\. .. ~ .......-. - ....... CWISUPAAK .RAeIIC~~ ~"[~-20M I '"';~4 11- . Oft (f HAllJ.HDAlI ~BROWAAD COOHTYfU1WA . . ~'----.. '1 7 II au !\tIl~, ~lDEOWJflY, ~QlDA l:'to5/2oo5 r "';: lUT ~" 8 '", .----,."..--~..,.,,'w~,.... Sf\ttttBTO J:;":r,'/ . . .... .i.1'c~,CJ~rp1l0N . . \llf.t... A t"l7. ... .... j'.''r.......''..f1..'...........!. ".f ...,~. ......, .'."". ........ C.... to.bA:U..'... .f;jAL"j. 1/. YL..Ln\7~ t'\(\jQ'~r)$,I'J~Jff,IV;<rAI\ {\ E'Xrl:ESli j :; .~-~ c ~ GRAPHIC SCALE 0100 . 100 .... .. ;'00 ~. ( TN m:T) 1 inch = 200 ft. "'r'" HAl;~t\tE~CH:gpuu:V~o . ., i ,. ..., ..Qtl ~ioAll&-ARJJIl€IUCf TRf<~'SPORTA:l\)N. ~~~~~,(WAs> roo sTAJE.ROAb ~~4..SE~n::~,~~200-11~' '-1'........,.. .......1.. .. '.....-.....,:... ~ 'il t . :! '. .~l.I~H~IC;tlT.,~F-J , WAY UNE . tjo.~ .J <. .'~Si'i-.l';~ te,iP):,.. .....'1 w.~.'.~:. .., "ii"-} ........ ;,. ~~ h .'., ..... .u; I.~.~ '~f l ! 1 I t 1 I I, I" '~ IliJl ~ . LEGEND: eC.~ . '" .. Bro~ClrdCQOnty Rl'.cord5 CA '" Central. A"9ht t '.. Cenll!l'Hne p -O':e.d ca "O~dililQk OCR .Mlllfrji"OodeCOllllltRtcord~ ~/PG "F~d&ook :Q'I1dPllgll FPL .. FforldaPower ond Ughl 10.. IdentltlcQtiOll l_ltllgth , Ul.. UCel\$~d 'f:IUtinel!s ORa '" Offlel~ RUCElfdJi BOOk P "Plot pa .... Pkll !)QOk PO .. !lose .. P.o. fJ. .Pofrrt. or Bl!glimilWJ ?O,C. .. PoIi'll OfC(l~ellrni1~1 n.. Radil.i~ ROE "" ~GngGKt:YMAP tiN ;. Righl..;,ot-WaYJQT.~ ; S~C .. Silctlon . . .......... . ... '.. ... .... .. ... son. .. S'lIlQr.Felll THE PROMENAOi AT HAU.ANOALE ; TV.fl '" Township PB 112, PC ..a.C.R. I . . {5 ~I /jj f'l t f i I >, ~ N 1 III I j e J ). , , f I 11 \jO, a' <t' g t'l -~ , i ( ! Q. N ~ ;; I g III '. . '" ~h.uW\ Il:Clt,~_,,_, ......HlBlscuss-mEtr' . ,,'0,,_,.. .. .... ,. ".J ""'.tm ' ;~~ l.,J :,--,i3rE:. . ,nplM '.. . I.. 1 ,.,,, ,,,.,,w,,...~ . .. . ,S9. 4.. J3, , ~'?,' .40;'03' I , .', : ,'.1.'. : ~;; :SOOTh11ltCHT-Cf-_, ,\',; . ~..." W,f, v; Ul'( 't'';'. I." .,. , , Z;:~. K( ~.. ~.~'& '\ ~. I "'. ; l......'...N.. .... ~ .4:~: ; ~~~.;.- ~ .~., ~..' ".- ...- .....,..., " .. .r "". . .", ~ ., , ( .~ft' i.{~'''' ,I. ~~~) '<J.. .... ~> ~ .. -'" "\. ('" ," .... .....)'" ,-... .~.. I ' .-,- ......:.. ",!",." "" '''' ...,.., ....~...., ..' ~.~ , \ i. j, .1 ! .... . ....;. -... ...^.... -~ . ,. L :.~,y......) ....._:.:.. _,i",v _..; .r .- '"t,.... L. _",",_.. __""_" I . \ .i~ -.. "' ___I -:TE(SREEf7Qfa -- . .-....f~'.. ' ~,............- . ... ~ Il&tit flIO JWt ~.. Dclrllla _ l'lI_ iktJLmt J....._~ ~~...,.~IIll_ ~ GlJI!STREAM...I'NIIUIA. ClNCASSOClAllON..... me.. ; ";':~200.0' II ":~24 111'SIm aTY IF iIIWIW_ ~ tIlBflY, MlBA L... .l" '" I 8 QIY IHlOOiJRA. III!IHilIE CIlIIN1Y, Illllll ~7 /05/2005 'i SE1: ll1T ' .. 8 ., \. ..... . . .......... .-,. ....~~.. ..................., .-........._~_......._~-_.... "'_.. "",'W"'.'.-"...". ,....'''''_."..'^ ..."..... ""__'''.''__.",.. . .. '"'--'-''' .....-..., .. ,....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 Avent~ra 2005 Evaluation and Appraisal Report e. Redevelopment Needsllnitiatives There are several areas of the City of Aventura that demonstrate unique development and redevelopment need~ andlor thaI have been the focus of specific area planning efforts. In 200 I, consu Itants for the City evaluated the potential for the creation 0 f a 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; BiStayne Boulevard to the west; NE 187 Street, NE 185 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 1l.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 residential retai\ office and commercial uses in close proximity; a well-developed system for mult~modal transportation access and circulation (pedestrian, bicycle, automobile and transit); civic buildings and lpace~ and; a cohesive design.11 The City has designated a signifICant portion of the Study Area 'Town Center" on the Future Land Use Plan Map, and has created the TC-) and TC-2 zoning districts to implement this land use, The Comprehensive Plan's interpretive 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, dkect 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 characteristics.ull Although the City of Avenlura has made significant progreSS in implementing its Town Center designation through the designation of the Study Area "Town Center" on the Future Land Use Plan Map, ereation 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 ultimate form 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 neighborhoo~riented retail or services. Due to the location 0 f several already established regional activity centers with in (A ventura Mall) or proximale (Gulfstream Park) to the Cfiy 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 A ventura Hospital and bounded by the FEC Corridor to the west, Biscayne Boulevard to the east, and the Broward County line/City Limits \0 the north (Figure II,A,S). The area currently consists of Aventura 10 Ave.tura To". C,.ler Study Drojl Plan, Wal~.. Roberts 8< Todd LLC, Jonuary 22, 2001 11 City 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 - A ventura 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 familyarea has made assembling the land necessary to implement the designation difficult. Changes to the development and lot size requirements in the MO District specific to the subject area, and the provision of other incentives to roster the area's redevelopment, may be required 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 development that largely Predates the Cky's incorporation, including regional activity centerS such as the Aventura Mall. Loehmann's Plaza fronts Biscayne Boulevard as well. Opportunkies to further the achievement of cohesive design and development patterns and economic development goals along the Biscayne Boulevard corridor may exist through the redevelopment and other initiatives. A review of Figures II.A.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 arore-mentioned shopping centers have B-2 zoning, which would allow their redevelopment at a higher intensky 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-rise commercial establishments. Moreover, the Boulevard serves as a primary gateway into the City, and links the Town Center, Aventura Mall, and the Hospital District. Il Conceptual Urban Development Framewor~ Ave.lura Medical OjJ1ce Di,trict, Wallace Roberts & Todd LLC, April 21, 2003 17 ~",!...:l,......~~...:__~ t85 $T ----.'~...... ..' ./". ~r~ . . . p'(1I Town Center District ..0 City of Aventura Water Street ~1IClml~Dade County ..--...----.. W+E S 18 -~'1 t 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 II.C. and 11.0. 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.f. of retail, 1,500 residential units, a 5,500 seat movie theater, and 300,000 s.f. of office spaceY This Application for Development Approval for the DRI is still in process. The City of Aventura has been diligent in providing comments and input in the DR! process due to the potential impacts of this proposed development. The Cuy of Sunny Isles Beach, located across the Intracoastal Waterway and Dumfounding Bay to the east of the City, has experienced significant redevelopment in the past few year~ with low-rise beach front motels being replaced by high-rise condominium and hotel projects. This redevelopment has rapidly changed the ccmplexion 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 ccntinue to ensure coordinated planning with the C~y of Sunny Isles Beach, particularly in terms of transportation and emergency management, are key to future development and redevelopment of both cities. The Ojus area of unincorporated Miam~Dade County"'lf 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. Charrelle 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 Il Yillage of Gulfs/ream Park Dmlopment of kglonal Impact, Applica/ion for Development Approva~ AprU 28,2004 " A n,;on for the OJ., Are~ OJ.. Charrelle Report, Miami-Dade County Deplrtment of Planning and Zoning, May 2001 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 neighborhoods, which in turn strengthens the sense of community and social fabric; opportunities to enhance the quality of life for existing and future residents and visitors by providing increased opportunities fur 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 resuil 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 standpoin~ the development and redevelopment issue has a number of imp "catibns. Develo~ment aOlt iei!evelopment increases the lax base, aOO therefure increases the City's ability to provide services to existing and future residents. Moreover, development and redevelopment attracts new residents and businesses to neighborhoods, oreating new jobs fur existing residents. Nonetheles~ 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 be in place to ensure that development aSSUmes its fair share of these costs; From an environmental standpoint, redevelopment and inJjn development resuit in more sustainable development patterns than suburban sprawl, and play an important role in protecting the region's many environmental resources, including the Everglades and other environmentally sensitive lands. Within the City, however, development and redevelopment can diminish the level of open space, disrupt vistas and view corridors, and have negative impacts on natural resource~ inclnding 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 entirety. 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: Retommendation II.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 ruture Land Use Element to state- tliat 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 1.1 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 20D? Evaluation and Appraisal Report · 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 abilhy of the developer to ensure appropriate transitions and buffers with the surrounding neighborhood, and to alleviate impacts that will adversely impact service levels and quality ofHfe." Recommendation n.A.3. Policy 1.2 defInes the City's non-residential land use 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 II.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 "redevelopment plans, the Redevelopment Element, and land development regulations". ,. -.. Recommendation U.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 A ventura 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 Policy be amended to .,";'; , update the date to 2015, and to expand the text to also state that decisions regarding 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 evaluating compatibility among proximate land uses. It is recommended that this - Policy De ainendel to include the eXisting character -an{functlon 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.tO. 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 Plan's goals, objectives, and policies. It is recommended that this Policy be amended to reflect the fact that the Comprehensive Plan has been adopted. Recommendation I1.A.II. 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 Evaluation and Appraisal Report Recommendation n.A.13. Policy 9.3 states that the Chy 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.l4. 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 prohibhed. 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 A ventura 2005 Evaluation and Appraisal Report Town Center and Hospital District, IS 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 shaH 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 fur its redevelopment as a design-unified downtown that primarily serves City residents. The Town Center shall.. be characterized by a mixture of different urban IUnctions integrated horizontally and vertically, muk~modal transportation access and circulation, and high quality urban design; IS City of A "'1Ura Adopkd Comprehenrive Pion, Urban Design E1emen~ Figure I and F'1gI//'t ~ p. 74 and 76 26 City of Aventura 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 redevelopment. City of Aventura 2905 Evaluation and Appraisal Report n.D. TRANSPORTATION 1. Issue Description and Analysis a. City of Aventura Transportation System The City of A ventura is located within Miami-Dade County's Urban lofill Area (UIA), 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 Yz mile shall operate at no greater than 150 percent of their capacity. An express bus service is provided in the City between Aventura -Mall and Golden Glades, and a10ng Biscayne BC)Lrtevatd. 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 Censlls 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 A venue, 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 City of Aventura 2005 Evaluation and Appraisal Report Figure 11.D.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, whh the links approaching the William Lehman Causeway at LOS F. NE 34th Avenue 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 11.D.2)23, and by the City of Aventura through its internal shuttle bus service (Figure II.DJ). 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 m~or roadways, and major bicycle and pedestrian paths along Country Club Drive around the Turnberry Golf Course arrdaiong NE 187 Street. In-addition, 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. 23 Miami~Dade Transit Authority, 2005 24 Cilyof Ave/l/ura ShuUlebus Ridership SUII/ma/y, January 1999/0 Presenl, City of A ventura Community Services Department, 2005 55 Legend Peak Hour Level-of-Service - LOSA - LOS B -- LOS C ..... LOS 0 -~~ LOS E .. LOS F ~.._-" Railroad 0-- Street - Miami-Dade County - Broward County I:>'J City of Aventura City of A ventura Evaluation and Appraisal Report Figure I1.D.2. MDT A Bus Routes (2005) ~~_!-A.!.~ ',. "-'-, -,,, "., .... ....,. - ., - '.. '... ,. . . ~., ". Ii t! I I I : f I _", .4'., I +< .;Jl~:~~ , -1,' , ';l,~J_. I ... -::... "',!if ~ .I :e: '- .11.~ O(t~...."..; ;/>>__. " ~"''''''I-'' _.~ ...~ -- Ii:. .':- L;...;......... MI'a~(J llllllCa 1Io-.lWItl,-----,.,_._lIIHIlIJIlI ...r"'!M~~Sll11.b~__iI6l!ll~1l1 11l1ioo1""tnJ,,"41~____,._l1ls~ PrAIl.IWtINtlIAIlOH 11lIl\CIl1IT11 1111l""...._.,..,___,_'_..Dll3lO 1~_('...""Illlli/~,_._~~Sll~ . . IlII_li.~",__._~..tO:li~~ ., r'_~Ni~_--_.;,;tj,JlOi.lI~'9'l .IA... -11Io"jl'o"llil""t..__..__JIW~I'OI ,. . 57 City of A ventura Evaluation and Appraisal Report Figure ILDJ City of A ventura Shuttlebus Routes ,..... Blue Route Iii'''' Grooo Route I... Red Route i. :.!II. Yallow Routo -'~---"--------.......,~ , 58 City of A ventura 2005 Evaluation and Appraisal Report h, 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 funded-in accordance with-S-ection 339.28-19, F~., and identify strategies to aHeviate or mitigate sllch impacts. In accordance with the new requirements, the Florida Department of Transportation (FDOT) 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 FDaf 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 FOOT on or before December 1, 2005. Proofthat 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 Aventura 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 A ventura Circulator. 25 Florida Department afTransportation and Miami-Dade County Traffic COllnt Stations Report, May 4, 2004 26 27 Miami-Dade Transit Authority, 2005 28 City oj A ventura Shul/lebus Ridership Summary, January 1999 to 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. Aventura 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 actt1a~ly expired in ~OO3,btrt is operating-under-a-conHllUing resolution due to the 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 10.1 cents per gallon on fuel (diesel and gasoline), 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 II 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 sales tax on gasoline. 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% ofthe 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 adjusted 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,-includ1ngthe-Northeast Ctlrridof, -a n.6-mHe MetroRai~corridor 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 follows. 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 mctors 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 163.319\ (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 8 of the Future Land Use Element, and policies thereunder, as they address strategies to ensure the availability of services and infrastructure to accommodate 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 serv ices 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.OJ. 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 1I.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 Intermodal Transportation System, and adopted level of service standards of roadways funded in accordance with Section 339.2819, F.S., and identify strategies to allev'iate or mitigate such impacts. In accordance with the new requirements, the Florida Department of Transportation (FDOT) must be consulted in the evaluation of such impacts. 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 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.D.3. Add a new Policy under Objective I of the Transportation Element stating that the City will continue to identitY 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 1I.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 (FDOT) must be consulted to assess the impact of a 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.S. 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 FOOT. Recommendation II.D.7. Add a new Policy under Objective 1 stating that 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. 65 BROWARD COUNTY 11_1-1-1_- :... DADE COUNTY:' ,. , '. t ,I , ,. , ,. , ,. , '. , ,. , ,. , '. . ,. , ,. , ,. , '. , ,. , ,. , ,. , ,. , ,. , '. IVE5 DAIRY RD. :. ~ ,. , ,. , ,. , ,. , ,. , ,. I ,. , ,. I " I . '. , " I '. , " I '. , " I '. , '. . , ....,. " , '. :,:. t. ,:~':'r';:.".:'.::::. '. ., '. I " , .. " ',' .~ '. '. , " I '. , '. , " , " :. I " I " t MIAMI GARDENS DR. , \ J - _1_1-1- YACHT CLUB DR · . MARINA · I COVE · CIRCLE · . INfr- V'l~'{ : ~~ I I,/" i~ : ( \J : I /\ ~/) ( (w \> , <( \ i<r .\ \_'2 --J Waterways WATERWAYS BLVD Shoppes 207 5T AI'(,IIII1U1 . Hwpuol ~-SITE & McdlCilI iii CCII/('I 0 CJf cJ ~ 0:; w w ~ > <( The g] 205 Promenade Shops 203 5T. L-J~ C\J 201 TEA. o > ....J m Z ~ UJ U o AVENTURA \?\-\J\) , Fire I D Rescue Aventura Station Library Aventura Mall 192 5T. 190 5T. Loehmann's Fashion w island ~ Ol ('oJ 188 5T. ci > ...J m 2 ~ UJ U o Atlantic .Ocean LEGEND ...... Roadways City Boundary ZIP Code Boundary Railroad :. .t':f' .',,;,),\:';.~;~:.i Exhibit 2 01-DA-06 Exhibit 3 01-DA-06 LAND DESCRU1'ION ZONNINGB2 GULFSIREA.M PARK CITY OF A VENTURA, MIANU~DADE COUNTY, FLORIDA Portion of Tract A, DONN ACRES, according to the plat thereof as recorded in Plat Book 76, Page 30 of the Public Records of Miami-Dade County, Florida, being more particularly described as follows: . -.. COMMENCE at the Northeast comer of Tract B of said DONN ACRES and the Northeast comer of Section 34, Township 51 South, Range 42 East; THENCE South 88001 '22" \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 tile 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 Aventura 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 Aventura the following four (4) courses and distances; 1. South 88001 '22" West, a distance of 1078.63 feet to the beguming of a tangent CUn'e concave to the Nortll; 2. Westerly on the arc of saidcnrve 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 ofsuid curve having a radius of 3909.83 feet, through a central angle of 07046'10", an arc distance of 530.18 feet to the Northwest corner of said Tract A and the u1tersection with said No.rth line of Sec.tion 34; J>repat\'\J By CALVTN, GIORDANO AND ASSOCIATFS, INC. 1800 Ener Olive, Suile 600 Fort Lauderdale. FlmiJ~ m 16 Seplernbtr 09, 2006 P:\ProjL'Cts\200\ \0\2l93 G\llfstrcum Parkl1(\uTldar, S\li'icyof Miami Dade PortioolSU[\,Y'2Y\Lcgal Dmriptions\7.onJ\il\&.. B2 A rCll Revised 9-0S-2006doc Sheetl of 3 Sheets . . THENCE N~rth$ $'01',22" Eai!to#s:i\i!'NBj;tbJln,{}ll~f AaMsaid Nol'tlt ,line of Section 34, a distance 0 f 1.,2%Jlfe~tt6theP0.mT()FBEGD\TI\TfNG; SaidJamlSlying in the Ci~y of Aventura,N.fia\1lbB,me C~lI11ty, Florida and contJlnin g 851 j612 square feet (19.5 5 0 acres) moreo'r less; NOTES: 1, NOlvalldvvithout thesi~11i,ltl}re.lU1qorigi11al embossed seal. of.a Florida. licensed .. Professional Surveyor and Mapper. . 2. Lal1dS~~61~edbeJ~nwe(e.#ilf~~~~~~y'!l\esurv~o/' .((1r '.Q\\fuftl'~~Il; eaSen)eJjlS,rlghtS-(if;WAY ?rll!lier,~1\itrileh~tI1:it nl~Y aPPear in the Pllbli c ReCOfasofMiami-DadeCollIlty; .. . . "' .. . . .. . " '.. " . . . , ". . ", ,. 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V.I "it,., '~rj J-.J Jj ~1 kl'.Q. ~~~\,; trJ "I (j ^. .,(1) ~~...: ~ ;..' fol rl! . ..1$1 ..:" 1. 'e e;; ..... .l.ll e ~ ~ :.; .~.: !:) i w; ", :: 8~ 2 ~ . ',' ':.:' 'w ..;)t.'i .. '.1'. ,.. ~.)'~IO. j .:' ...... ....~.~..~ ~.. .. . .1..' 0 '; ;.~, !' '~:'! ~ ~~ ...:I~n~] :.1.' . ....&1 j ~ ..-t . , -2 ,., ~ 'tJ . ... ... l; J: () . . , ...11I.. A. .ioiMOii ......0 '1M90-11-~O-N'OI.l~I~OS30 lS ~' or/-)<S-,,-r6:Z IC\i1'J13>lS\A3~,(ji1S\NOil~Od 3(\'q'0 11'i\'1j'i .ro A3i\>.fftS ,\,lj':'IJNliOS )i~r.'C t~~3elSJlflO \5~Z 10\ ~OD~\Sn3t~!d\:d ..;~... .. ~'" Exhibit 4 01-DA-06 APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-71(b)(2)(i) of the City of Aventura Land Development Code, this Applicant Representative Affidavit is hereby made and submitted The undersigned authorized representative of the individual or entity applying lor the Development Permit, which is identified in the accompanying application, and the owner of the property subject to the application (if different) hereby lists and identifies all persons representing the Individual or entity applying for the Development Permit in connection with the application, as follows: Name Relationship (i.e. 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 ATTACHED FOR ADDITIONAL REPRESENTATIVE INFORMATION 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)(2)(IVj 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 ..i. DAY OF ~(', \l$"'f , 200Q AUTHORIZED REPRESENTATIVE OF APPLICANT: :6~~ 0'. .~ (Signature) Name: Qlo1e \ o~ CU\(;.. (Print) t.VPi Cto By: By: (Signature) Name: (print) Title Title. Address: qo \ )ClJtl kJliJ Hc.l\CJtJLI€ rlo{i'J ~ \ STATE OF FLORIDA ) COUNTY OF MIAMI.DADE ) Before me the undersigned authority personally appeared B LA k ( -m~~A as the authorized r~presentative of th8 Applicant andlor the owner of the property subject to the application, who being firs! by me duly sworn, did swear 01 affirm thai he/sht: executed this Affidavit for the purposes slated therein and that it is true and correct. 'IS, V Hih 33cc9 Address: 4 rH AFFIANT SWORN TO AND SUBSCRIBED BEFORE ME this _ day of At>CrIJ S T , 2006. BtUarv F~ J Notary Public State of Flqrj~ AL~ar~e pfl ~ h ) Printed Name of Notary IjltlfTl\J I~ t '.V-\1\J My commission expires: -..NJ " APPLICANT REPRESENTATIVE AFFIDAVIT Additional Representative Information: 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 that: (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 that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves), The nature of the Business Relationship is as follows: [ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant or Representative; [] ii, Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] iiL The Applicant or Representalive 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 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 THIS4'" DAY OF frU,' d S { ,2006. PROPER!Y OWNCd . By: ,~ ~ Nam-e:-~lt:bt 1r,hl;/I';' Title: ~~p it efa (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. Ii A- Lf C,jj :f' WITNESS MY HAND THIS L DAY OF ,2006. REPRESENTATIVE: (Listed on Business Relationship Affidavit) By: ~l ~~-Signature) By: (Signature) Name: Blake T ohana (Print) Name. (Print) Title: CFO and Executive Vice.President (Prinl) Title: (Print) By: (Signature) By: (Signature) Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signalure) By (Signature) Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature) (Print) (Print) Name: Name: (Print) Title: (Print) Title: By: (Signalure) By: (Signature) (Print) (Print) Name: (Print) Name: Title: Title: (Print) By: (Signature) By: (Signature) (Print) Name: (Print) (Print) Name: (Print) Title: Title: 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 Cily's Land Development Regulations in the City Code, in the event that prior to consideration of the application by lhe City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete, NOTARIZATION PROVISION ST A TE OF FLORIDA) COUNTY OF MIAMI-DADE ) Belore me, the undersigned authority, personally appeared BLA KE 1'ti1~~~t, who being first by me duly sworn, did swear or affirm fuat he/she executed thIS AffidaVit tor the purposes stated therein and that illS tIU0"~ AFFIANT SWORN TO AND SUBSCRIBED before me this 4~ay of ~CfO~ T ,200b jruCwS-Ut~ ~~{~~~ Printed Name of Notary .. ( J ,. My commission expires: ~ STATE OF FLORIDA) COUNTY OF MIAMI-DADE Before me, lhe 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 staled therein and that 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 Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_, Notary Public State of Florida At 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 City 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 City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves), The nature of the Business Relationship is as follows: [ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant or Representative; [] Ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] iii, The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of 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 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 ~~AY 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," "Applican!," "Representative" and "Interested Person" are defined in Section 2- 395 of the Aventura City Code, WITNESS MY HAND THIS ~ DAY OF ~,2006, By: By: (Signature) Name: Joseph G, Goldstein (Print) Name: (Print) Title: Attorney (Print) Title: (Print) BY~ (Signature) By: (Signature) Name: - Tracy -. Slavens (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature) Name: Alan S Krischer (Print) Name: (Print) Title: Attorney (Print) Title: (Print) By t-..p.., (Signature) By: (Signature) I Name: Jan Hansen (Print) Name: (Print) Title: A Ie pea n suI tin g (Print) Title: (Print) Planner By: (Signature) By: (Signature) Name: (Print) 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 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 Before me, the undersigned authority, personally appeared~ the Affiant, who being first by me duly sworn, did swear or affirm that he/she execuled this Affidavit for the purposes stated therein and that il is true and ct. :t'i STATE OF FLORIDA) COUNTY OF MIAMI-DADE 1rd SWORN TO AND SUBSCRIBED before me thiO_ day of STATE OF FLORIDA) COUNTY OF MIAMI-DADE Before me, the undersigned authority, personally appeared 1\{M1 ~\)~e Affiant, who being first by me duly sworn, did swear or affirm Ihat he/she executed thIS Affidavit tor the purposes slated therein and that it is tru~ AFFIANT ..' ," -, 8lUBY FlEITES f>" . "~~ MY OOMMISSION # DO 413270 , ~~;~". ",;jf ., HXPIRES: April 16,2009 .~ '1"1111 \~\ \ .... . Jtd SWORN TO AND SUBSCRIBED before me thi _ day of Notary Public tate fl! Florida At Large c51U.B y tLJ.. / rE,S .,'~' . Printed Name of Notary H',:,~,~;Wf~~.,H ... . SIUBY FLEITES My commission expires: ~Itj\ EJ MY COMMI~SI?~','., :'\8,';]3270 ""@~~,, EXPIRE" -,~,I .1.. ilO9 ,II '{OF f',~.' BoodedThru",-,'. ..,,: . ~nderwrilers :"f.~ /11111 :'-~I~'~ ~. ~..,o,_,;;:-"": 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 that he/she executed this Affidavit for the purposes stated therein and that it is (rue and correc!. ~ ~t\. ~ AF~ANT ~ /~':A\:!t'\ T1A WIWAMS SWORN TO AND SUBSCRIBED before me this 1!!. day of ~ ""; <). , 20[('1 g'~'~*~ MY COMMISSION # DO 194509 ~.~W EXPIRES' June 15,2007 - "~,~f.,'rt'f.-' Bonded Thru Notary PublIC Underwnlers Notary Public State ofJlorida At La li t~ \tv', Ij It\. m r 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: (~ark with 'x' applicable portions only) .~. Affiant does not have a Business Relationship with any member of the Cily Commission or any Cily Advisory Board 10 which the application will be presented, [ ] 2, Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves), The nature of the Business Relationship is as follows: [] i. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative; [] ii. Member of City Commission or Board is a partner, co.shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture, [ ] iii. The Applicanl or Representative is a Client of a member of the Ci~ Commission or Board or a Client 01 anther professional working from the same office or for the same employer as the member of the City 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 of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000,00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $2MOO,OO 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: (Signalure) (Print) (Print) 'The terms 'Business Relationship,' 'Client,' 'Customer,' "Applicant,' 'Representative" and 'Interested Person" are defined in Section 2- 395 of the Aven!ura City Code, WITNESS MY HAND THIS & DAY OF ~,2006. By: (Signature) Name: (Print) , - Tille (Print) --Tille' (Print) BY' (Signature) By: (Signature) Name: (Print) Name (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signalure) Name: (Print) Name: (Print) Title: (Print) Tille: (Print) 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) 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 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 PROVISION 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 thai It is true and correcl 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: 5T ATE OF FLORIDA) COUNTY OF MIAMI-DADE Before me, the undersigned authority, personally appeared the Affiant, who being first by me duly swom, did swear or affirm that he/she executed lhis 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: 5T ATE 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 correcl 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: # 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) 00 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. 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 lUst City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: I] i. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative; II 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; f I j;i. 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; I] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; /,-.. I] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year. I] vi. The member of the City Commission or Board is a Customer of the Ap~icant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. ~J ~ Lf ,2006. WITNESS MY HAND THIS 1;. DAY OF APP~T: \( ,,\ II 1\/1'\ ru . \,l ,; tt,- Bi \V ---\j \ .'v . (Signature) N e: '~".O\' H LJ I~ C'LC7 -J ~ (Print) Tid.' Q. 8\ ~o--., (Print) ..J1)5.eV)1 \<.clL~ .ft..J~ ,'\)~.~(. /.J.. WITNESS MY HAND THIS _ DAY OF ,2006. PROPERTY OWNER: By: Name: Title: (Signature) (Print) (Print) "The terms "Business Relationship,' "Clienl,' "Customer," 'Applicant,' "Representative" and "Interested Person' are defined in Section 2- 395 of the Aventura City Code. ST ATE OF FLORIDA) COUNTY OF MIAMI-BAi9E b,.,,-, .,,,'"\ J 1':'1 o,-::...J'VCCi) . D~';+ ,,, "'~l().)J- t . . 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 that tt is liUe;a{ld ~>rrect. i :; \/tr / (j: /11 /\"/rl J II; A~.'FIA~ '-' If' SWORN TO AND SUBSCRIBED before me this '2. day of ~.. 8v..-~ ,200 , - ~ft;.~ ~~;.~~\, KATlEfH M. KETT ~ry Public State of Flonda At Large ~M' . MY COMMISSION' DO 188732 * * EXPIRES: March 18, 2007 Printed Name of Notary I#J;,~I ",,,,,tl Wd TMi8lldgll NoIJl'f SeIVicII My commission ex~res: NOT ARIZA nON 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 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 that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,20L Notary Public State of Florida At Large Printed Name of Notary My commission ex~res: 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 Affidavn 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: # 36591 23_vl 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. 112. 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. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [] i. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative; [ I 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; f] 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 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: Name: Title: (Signature) (Print) (Print) WITNESS MY HAND THIS _ DAY OF PROPERTY OWNER: ,2006. By: Name: Title: (Signature) (Print) (Print) "The terms "Business Relationship,M "Client," "Customer,M "ApplicanV "Representative" and "Interested Person" are defined in Section 2. 395 of the Aventura City Code. WITNESS MY HAND THIS K DAY OF AOGuS ~ ,2006. REPRESENT A TlVE: (Listed on Business Relationship Affidavit) By ~ W .Ji-r (S~nalurel By: (Signature) Name:~~~'&J Name: (Print) Title~~TAT\O~ ~~r- Title: (Print) By: (Signature) By: (Signature) Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature) Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature) Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature) Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature) (Print) Name: (Print) (Print) Name: (Print) Title: Title: 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 informauon provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA) COUNTY OF MIAMI-DADE Before me, the undersigned authority, personally appeareJl1riStq:tEr ~nt, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correc!. L ~~ w d::J~? AFFIANTT- SW~~ T~.AND SUBSCRI~D ~~o. me ~is t day ffi ~~ O'~~ v~ Notary P "',bile S.ate of Flonda Notpry Public St#e of Florida At Large !, ~ Greta R 8ous!og 6!l5Tff- ~. "BOl.{.6to~ I ~ .,; My Comrnission OD504461 ' ~ ~ OF f\.o~ Expires Wi 5/20 1 0 Printed N~m~ of No~ary / -====",~ My commiSSion expires: -/1 S / l.O I D 5T ATE 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 ,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 that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA l 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 Affidavil for the purposes staled therein and that ~ 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: # 3659123_ v I BUSINESS RELATIONSHIP AFFIDAVIT This Affidavit is made pursuant to Section 31-71 (b )(2)(ii) of the City of A ventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with "x' applicable portions only) ~1 Affiant does not have a Business Rela~onship with any member of the City Commission or any Cfty Advisory Board to which the ap~ication will be presented. I J 2. Affiant hereby discloses that ~ does have a Business Relationship with a member of the City Commission or a Ci~ Advisory Board to which the application will be presented, as tollows' (Ust name of Commissioner or Advisory Board Member) who serves on the (Ust City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant or RepresentatilJe; [ J 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; II Iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a CUen! of anther professional working from the same office or for the same employer as the member of the City Commission or Board; [ J iv. A City Commis~oner or Board member is a Client of the Applicant or Representative; Il v. The Ap~icant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given caendar 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 ,2006, APPLICANT: By: Name: Title: (S~nature) (Print) (Print) WITNESS MY HAND THIS _ DAY OF ,2006. PROPERTY OWNER: By: Name: TiUe: (Signature) (Print) (Print) 'The terms -Business Relationship," 'Clien~' 'Customer,' "Applicant,. 'Representative' CIld "Interested Person' are defined in Section 2- 395 of the Aventura City Code. WITNESS MY HAND THIS 19 DAY OF ~2006. REPRESENT A liVE: (Usted on Business Relationship Affidavit) By: ()6 /1 ~ By: (Signature) - - Signature) Name: t9norte1tl hi I fl:.IN (Print) Name: (Print) Title: rJ7~.:;s1 YJeJ/ (Plint) Tide: (Print) By: (Signature) By: (Signature) Name: (Prinl) Name: (Print) Title: (Print) Title: (Print) By: (Signalure) By: (Signature) Name: (Print) Name: (Print) Title: (Print) Title: (Print) By (Signature) By: (Signature) Name: (Print) Name: (Prinl) Title: (Print) Title: (Print) By: (S~nature) By: (Signature) Name: (Print) Name: (Print) Tille: (Print) Title: (Print) By: (Signature) By: (Signature) Name: (Print) Name: (Print) Title: (Print) TiUe: (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely sup~ement this Affidavit pursuant to Sec. 31.71(b)(2)(iv) of the CitYs 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 51 A IE OF FLORIDA) COUNTY OF MIAMI-DADE Before me, the undersigned authority, personally appeared J9>>PI&J wljtf, the Affiant. who being first by me duly sworn, did swear or affirm that t-oIsh. ."",Ied this AffidavHor~. jlUljlOses staled tWOn and ~at ~ is true n L-.----- L:> _ AFFIANT ~~~~Dbefore me this ~ay of :r"~- _...._ e~",__"",\, 11 :4!f/f.~~;~;, NERISSA M. MCCUJNG"-" -J, 'i*:' ~ .;*~ MY COMMISSION Ii DD ssml : . ~~:",~l,:,~ VVP'PI=S' Mar'h ~O ')01 ^ :' ~: "J~~j;~::: _/\ 111_ , I C I j ~..... U f','. '. 'I'O-"U\' 8on"n"1'h Nil Pb' , " ',..~:.!S~:.__ """" , ru Q,ary u lie Underwnw: ! ...."'..,..,.~>"I'..:':~~~'~:1J:1r1:".,.....li"-;;.~,::"';.::..: STATE OF FLORIDA) COUNTY OF MIAMI.DADE Before me, the undersigned authority, personally appeared the Affioot, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_. Notary Public Stale of Florida AI Large Printed Name of Notary My commission expires: STATE OF FLORIDA' COUNTY OF MIAMI-DADE Before me, the unders~ned authority, personal~ appeared the Affiant, who being first by me duly sworn, drd 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 ,20L Notary Public State 01 Florida At Large Printed Name of Notary My commission ex~res: 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 lhis Affidavn for the purposes stated therein and that it is true and correct AFFIANT SWORN TO AND SUBSCRIBED before me 1his _ day of ,200_. Nota"y Public State of Florida A! Large Printed Name of Notary My commissiOl'1 expires: # 3659123 \' I 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 A VENTURA; 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 DESCRIItJ'ION ZONNINGB2 GULFSJREAM PARK CITY OF A VENTURA, MIA1\U~DADE COUNTY, FLORIDA Portion of Trac.t A, nONN ACRES) according to the plat thereof as recorded in Plat Book 76, Page 30 of the Public Records of Miami-Dade County, Florida, being marc particularly described as follows: . .. ~ COMMENCE a1 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 Tl1lcts A and B and the North line of said Section 34, a distance of 1,374.03 feet to the POINT OF BEGINNING; THENCE South 01 058l 49" East) a distance of 629.41 feet to the intersection with the North line of a parcel of land conveyed to the City of A ventura for highway purposes by Right-of-Way Deed recorded in Official Records Book 17973, Page 3869 of the Public Records of Miami-Dade County, Florida; THENCE on said North line of a Parcel of land conveyed to the City of Aventura the. following four (4) courses and distances; 1. South SBoOl'2211 West) a distance of 1078,63 feet to the begirJ1ing 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 e-entral ang1eof2l005'30", an arc distance of226.06 feet; 3, North 70053'0811 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 cunrature 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 Truct A and on the arc of said curve having a radius of 39D9.83 feel, through a central angle of Or46'10", an arc distance of 530.18 feet to the Northwest corner of said Tract A and the intersection with said No.rth line of Sec.tion 34; PTeraf\'Il By CALVN, GIORDANO AND ASSOCIA TES, INC. 1800 Eiler Olive, Sui {c 600 F O'rt Ululkrdalc. Flmida 33316 Seplembt.r 09, 2006 P:\Proj~'Cl$\!OOI\OI219J (;\Ilisll~.~tn Parx 11,\)l!T1d~:y Sur;cyoi' Mismj DadcPortionlSURV2Y\Lcgal Dmripcions\7.onnint.B2 Arc<l Revised 9-0S-2006dilC Sheet 1 of 3 Sheets THEN OE North 8 800r.22"East()J:1S~id1't()f;fhliI1eofTract Al1ndsaid North.liJ1e.o f S ectionJ 4., a distance of 1,290 .llfeettb ilieP0lNT OFBEGll\1J\rrNG;. Said lands lying in . the City. of Aventura,Miarni-DadeConnty,Florida and contallling 851;612sqnare feet (J9. 5 50 acres}moreo'r less, NOTES: 1.NQt\'alid~vithou.t thes1611iJ:t1;r(e L.U1dorigl11alembosscd seal ora Florida licensed Profe.ssionalSuryeyorandMapper. 2. ~ap4S.4~~~~~!t1)~r~QI1W~~~~~f;~~~~~~~;:bY'~1~S{tp'tyO/, foro\mer~l\i)l, easements, TIglit~f'\Vay brlllli~ in$tt!l1!leiftstliat may appear in lliel'Ubli C ..RccordsofN1ianli-Dade.COllnty..... . ....... . . .. ... . .,. .' . . , '. . 3.~~!:~~~~Jt~;1l~;~iil;~~~~;!f~1~~~O:~:R~~ . , , 4. The descnpfi1J.Dc1Jntail1edherein andlhe .atMched sketch, does ndt represent a field Boundary Survey. ' '" .. , ,9'J>f2,tro '1"", ., Pi'tpamdBy: CALVIN" GIORDANOA.ND ASSOCIATES, me. lSOO Eller Prive, Suite 600 Furt LllIdctda]c, Jilodda 3'3316 Scptcmb\v,09,2006 ]':\J>ro,iects\1001 '10,12193 Gn\lslT<~am Park Hound:lry Surveyor Miami .Dade Portion\$UR VEY\Legnl D~'Scripti()r.s'hllminLB2 Arell Rcv:t~cd (f-OS-2ll()(:.d(lc S.b' ....~,t 2 Of 3 'Sl''''f:><ts . .1.'"",\,1..... l I... .u\,J~ I. ": Vi;:Cj[CrS\200~\OI2j9J CULrS.iRE.~~~ ?,'J~,< GOU!'Il>ARY SURVEyor MI:'UI D.ADE P09i:ON\Sl!RYE)'\Si<tTOf\()I:Z~93_V_:SK_MO ,t 82 ~SO:ZI?T10N-05-II-06.D\K, "~~"i~i"'" . . "C> . . . :Q', g ~.,g. .:' ': .~ ~ nsl' a ~HI<<. ~... ,. ... .;1...:. · ;;, '1.<:>11.... .. o ~'.l:'~' \.'", ; jJ.qP ..... ;' o !! "I;~l.... . .~..~.l.fi.!: .. , . r:.. ". ~.....I.... ." .~ ,,;,"; g,'~. ':.'. '~.:: :. . · .. '" i' ~ ~ ~ ~.!,.'... "J. at ffi.. ;:'~ ~:tl c . 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Q,"~ . ...'.... ... ~'~;~ Ai. . ...... .. 'If' "' , '(4 .' tJJ(J) . .-..;0....-. . .'. .................. ... . ," .". 'ai . ", ." . m . -n ... ,. t... /1 _. 01' .~ '1l pi ,ql . ~'" .0 ~ ...... ....5 0:0 "'1 9".. .';v... ~'.~.. I"' ~. Z rr1 . 501'58 .j8..~.629, 41' "'. " az , .c Ul.\) .:tI '0 '0 '0 't1 C , t, i' 1'" P :..,~ c:J ,.. irJ 0 \ 00 (II C)~" 'tl (II Cl1 )> () 1"'1 .'~ (ldJ CDIIX' " :lJC') "'\ , f'T1 .-1 ~ Z o ~, .. Sw~:Jl]~~fE;~~~~~~ ::':~.1Ol ~ -. 5' Q 10 ::ll':J WI , " II J J 0 0 :.: 0 'j...:; ~ IS n' I (\ l.O' ~ 0. _,.. :t .., "<~"",c"'~U) -"!.-~ "'lt~o '1)1\11000 e.<o:r"CIle.:l.t, ~ .., ~ ~ -:' 0 .:l;I ~ ::J ...,.,0. 0 (j 5' 0 0. ~~t (l~~ ~~~~Cl1I~~an ~.~.~O~ a~cn, ~ ~Q :l ~ 0 3~. Q 0' W'"" It if 5 ~ '<; 33 ~.,,, ~ ~.:: ~ " ., . .> 0- " C'l c '''.~ QJn~ l/f. ~ ~;jJ ~- 8~(D o-<~ , ~~8' '-':JQ ~ c,.. ~ ~ - ~ 0 I). ' 0,. '" ~. LOCATION MAP 11.f.S. ~~'~.. ir...",... ....J'R.~.l..... '~.'. 7"['. 6.-."-1 ......~.............,...... \ ,..../, ..... .. . \ , I Ju- . '[ '. ')1 ~ \~I . a ~ ;--=r~~~,';l'\ .' ,,-r1Z. It .O...1~.y()4.'.1 I. rIT.' Ii. r (\r'r.~,~.. ~.. ij ."1. I . \'. \ l~ -.L".': 1,.. l I , /_,_:1 r I'. r l l I : i.~ .1 ~i~ /~ "'. I r i I ( 'I : \L;,; ,.,-,-\ I IvH 'I.'l" --i'- :1 Ii [, . -'-.' I l" .. r~~1 I I \ -: "'"-" '---1 \, ~. -~--'- '- '-1 , I 1- -r ~ '[ T'"'--'--- : -,/'""---~-~~!:']---.J ---..-~~,- CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, Cit TO: City Commission DATE: October 26,2006 SUBJECT: Resolution Adopting New Waterways Dog Park and Modified Veterans Park Plan for Inclusion in CIP November 8, 2006 Commission Meeting Agenda Item L RECOMMENDATION It is recommended that the City Commission approve the attached Resolution adopting the new Waterways Dog Park and Veterans Park configuration plan for inclusion and funding in the City's CIP 2007/08. BACKGROUND At the October Meeting, the City Commission tabled action on a Resolution to expand the dog play area at Veterans Park in order to allow the Administration the opportunity to explore the following proposal and develop a cost estimate: . Relocate the current dog portion of Veterans Park to the existing Waterways Park and add parking. . Modify Veterans Park to children's use only and add restroom facilities and playground equipment. . Relocate basketball court from existing Waterways Park to the new Waterways Park. The cost estimate is $661,000 as follows: Total $378,000 $258,000 $ 25,000 $661,000 . Waterways Dog Park . Veterans Park Modification . Add Basketball Court to Waterways Park The breakdown of costs was reviewed at the October Workshop Meeting. If you have any questions, please feel free to contact me. EMS/act Attachment CC01534-06 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ADOPTING THE ATTACHED WATERWAYS PARK DOG PARK AND VETERANS PARK RECONFIGURATION PLAN FOR INCLUSION AND FUNDING IN THE CITY'S CAPIT AL IMPROVEMENT PROGRAM DOCUMENT 2007/08 - 2011/12; ESTABLISHING AN ESTIMATED BUDGET AT $661,000; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR EFFECTIVE DATE. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS: Section 1. The City Commission hereby adopts the attached proposed Waterways Dog Park and Veterans Park Reconfiguration Plan projects, attached hereto as Exhibit "A", for inclusion and funding in the City's Capital Improvement Program Docu ment 2007108 - 2011/2. Section 2. The estimated budget for the proposed Waterways Dog Park and Veterans Park Reconfiguration Plan projects is $661,000, which includes funding for additional playground equipment on the child play area portion of Veterans Park. Section 3. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 4. That this Resolution shall become effective immediately upon adoption hereof. The foregoing Resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner upon being put to a vote, the vote was as follows: , who , and Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stem Commissioner Luz Urbaez Weinberg Vice Mayor Harry Holzberg Mayor Susan Gottlieb Resolution No. 2006- Page 2 PASSED AND ADOPTED this 8th day of November, 2006. Attest: Teresa M. Soroka, MMC City Clerk Susan Gottlieb, Mayor Approved as to Form and Legal Sufficiency: ~ City Attorney ....<_~_"______._~,_<_"_..~,.,,<,_,."~___"~..,,.M____,,_,.,"''''"''''_'_''.~'~"'''"'_.''_'~~'__''. ....~.._,.___. 2 Exhibit A Waterways Park Dog Park Development 2007/08 $378,000 This project consists of redeveloping this 1.5 acre site into a dog park including parking. Veterans Park Modification 2007/08 $258,000 This project consists of modifying this park site by removing the dog play area and expanding the children's play area and adding a restroom facility. New playground equipment will be added as well. Waterways Park Development 2006/07 $25,000 This project consists of adding a basketball court to the new Waterways Park. MIAMI CAlLY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami.Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA PUBLIC HEARING NOV. 8, 2006 in the XXX X Court, was published in said newspaper in the issues of 10/11/2006 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami.Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adve' ment for publication in the said , newspaper. Sworn to and subscribed before me this 11 day of OCTOBER ,A.D. 2006 4/4 ?it.. (SEAL) I~~ Cheryl H Marmer · \I . Mv COmIDlSSlOl1 00338559 O.V. FERBEYRE persollll~f1IWr1'to me ~Of,.' Expires July 18. 2008 "-"'~-'-'---_'_"_>~"____~'____'~_"_"'_'__'m._.._.__._',","m..__.." ._ _"_~___"____""_""'._~._._ CITY OF AVENTURA PUILICNOTICE Notice is hereby. given of the City of. Aventura's intent to consider a Development Agreement with Gulfstream Park Racing As8ociatlooJnc. at a second and final public hearing on November 8, 2006 at 6;0() p.m. to be held in the City CommlssionChambers atthe.City of Aventura Govemment Center, 19200 West Country Club Drive, Aventura, Florida, 33180. This ~~ring_ was aJmOunced at the Ural _bearing on October 3, 2006. The Iocatioo of the land subject to the. plqJ088d development agreement's that certain ~ locaJecton the nOrth side of NE 213 Street fronting on theeast.sldeOf Bisc;ayrMHloulevard In the City of Aventura. The legal description of the land is as follOWs: Portion of Tract A, Donn Acies, according to the plat thereof as recorded in Plat Book 76, Page 30 of the Public Records of Miami- Dade County, Aorida,beIng more particularly deseribed as follows: COMMENCE. at the northeast comer of TractS of said Donn Acres and the northeast 'comer of Section 34,T ownshlp 51 South, Range 42 . East; THENCE South 88 degrees 01 minutes 22 seconds West on the north line of said Tracts A~ B and the north fine of said Seelion34, a distance of 1 ,374.03 feetto the point of beginning. . . ntENCE South 01 degrees 58 minutes 49 seconda East a distance of 629.41 feet to the Intersectionwiththe north line of a parcel of land conveyed to the City of Aventura for highway purposes by Right of Way Deed recorded In 0flidaJ Records Book 17973, Page 3889 of. the Public Records of Miami-Dade qurty, Florida; THENCE on said North line of a parc;eI gf land.-ey8d to the City of: Aventura thetollowingfour (4) courseallldciietlncea: . 1. South 88 degrees 01 minute&2a.~dsWest a distance of . "';'1078.63 feet to 1he begiMlng of a tangent ~e concave to the north; . .. 2. Westerly on the. arc of said curve, having a radius of 614.09 feet through a central angle of 21 degr,es05 minutes 30 seconds, an arc distance of 226.06 fee~ , 3. North 70 degrees 53 mlnutes 08 ~West a distance of 131.73 teet to the beginning of a fatlgent curve concave to the northeast; .' 4. Northwesterly on the arc of said curve having a radius of 25.00 feet, through a central angle otas degrees 53 minutes 36. seconds, an arc distance of 38.79 feeJ.tl:l. a point of reverse curvatufe with a curve concave to ttMt northwest; .said point being located on the west line of said Tract A, D,onn Acres. THENCE Northeasterly on said west tine of Tract A and on the arc of . said curve having a radius of 3909.83 fee~ through a central angle of 07 degrees 46 minuteS 10 seconds,8n arc distance of 530.18 feet to' the northwest comer of said Tract A and the intersection with said North line of Section 34; THENCE North 88 degrees 01 minutes 22 seconds East on said north line of Tract A and said north line of Section 34, a distance of 1,290.11 feet to the point of beginning. Said lands lying in the City Of Aventura, Miami-Dade County, Florida and containing 851 ,612 square feet (19.550 acres) more or less. The property is located in the B2 Community Business District. Permitted uses Include retail stores, personal service shops, offices, banks, grocery stores, health and '9xerclse clubs and hotels. The pennitted heighrin 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 Development Agreement relates to proposed development of a 19.550acl8, more or less, parcel of land to be developed according to the Ofty's 82, Community Business, zoning district regulatlQns; The i Development Agreement pi'oVides for a tenn of. ten (10)yearafrom the effective date; provides that the property may be developed ~r the B2 zoning regulatiQnslneffect as of the effective' date of the Development Agreement;rt8IfYe& infra8tfllGlurecapacitie8 and ~VfhIcuIar . aCce8sto and from thedevetope(s HaIIandaIe Beach DRIIBnds and the . Gulfstream Park Tract. A copy of the proposed Development Agreement Is available from.the Office of.the City Cter1c, 19200 West Country Club Drive, Aventurs, Florida. . 10111 TMSll M. SOroka, MMC,CityCter1c 06-3-79I731172M ~ :z: ~ ~ z ;:: w,.. > 0( 0( < u. c o 0 ~ ~ - G) () en Q) E to: III Q) Z In ..... :e c: Q) Q) > :: '0 o <( ,.. ,.. Q Q 'lilt 'lilt N N Q ~ ~ Q ~ co co ,.. ~ :e:e~m to: Q) .0 E to: :J Q) Z .0 E 5 :J .- z ~ Q) '0 In .t::l <( c: en i I:i ...... B w :;: .. i j w .c 16 Q) c: a ~ Q) Cl III a. ....... c: a n Q) en oJ e ! e o u >0- e .. Gl ~ ;, Co f .. o .. '0 Q. )( Gl >0- .. ~ >0- e .. .5 .. o Ii ~ o ~ Gl > ;; .. c: > a 't +:i Gl a. 'g 'C:: ! u .. In f Q) U o "0 e >0- .. E ;, o > ~ .. .. U :s .5 Gl III .. Co 'g e .. ! .. 'g Gl &. .. e o 'g f Gl :I E .. i Gl &. ... .5 Q) a. >- ~ L- a (5 o co} O! Oi N'i ...... Gl M: N! ........ Og ~~ '> Gl .. ~ Q)i ....~ CUe C~ .. 1:'2 O~ .- e ....co CU! U! ::::1 .a~ :sw III o.~ THE MIAMI HERAlD I MialTIlHerald.com HEALTH STUDIES SCIENCE AND MEDICINE A MONDAY, OCTOBER 23. 2006 I llA "Would you like some comics with your coffee 1" During college years, students pack on pounds . College kid. pilI on Ixtr. wlight wall blyond thllr Ireshman year, two new studies have found. BV MARlL VIII MARCHIOIlE AuociatedPrts.J BOSTON - The "Fresh- man IS" is more like five to seven pounds, but it is fol~ lowed by the "Sophomore Two or Three," say research. ers who led two of the largest and longest studies ever done of weigbt gain among college students. The research also showed that males piled on signifi- cantly more pounds thaD feDUlles. Doctors say it is good news that the number of pounds gained is less than the widely believed 15, but bad news that "Generation XL" kids seem to be learning patterns of gradual weight gain that could spell trouble way beyond gradua- tion. "It may be 10 or eight, but it continues. That, to me, is a bigger problem." said Rena Wing. a psychologist and director of the weight control center at Brown University Medical Scbool io Providence. R.l. She and others at Brown reported the studies Sunday at a meeting oi the Obesity Soci- ety in Boston. Previous studies were small, looked at weight gain only in the first semester and involved bardly any male stu- dents. The two new studies tUl those gaps. The first. funded by the ied- era! government, involved 382 students - 40 percent of them male - at an unidentified pri- vate scbool in the Northeast. Weight was measured four times - at the beginning of the school year in September. at the end of the first semester in December. after the boliday break in January, and at the end of the ireshman year in May. "Over the year. we found that males gained 5.6 pounds and females gained 3.6 pounds. with the large DUljority of that weight gained in the first semester," said Elizabeth Lloyd-Richardson, the Brown researcher who led both stud- ies. One out of six gained 10 or more pounds during freshman year, and 6 percent gained the "Freshman IS" or more. Men tended to gain weight Our TV Week i. your handy guide to tJ1I, week', 'Best Bets' In TV EMERGENCY FOOD AND SHELTER FUNDS AVAIlABLE: ~I funds to SIlpplement emetJel1CY food and shelter programs in Miami-Dade County if! available to qua6fying private, wlunlaty agencies and local government units that operate SIld1 programs. To be eligible for funding \Ilu MUST attend one o/the application training sessions listed below: Mondav, October 30, 2006 3'4 pm or Friday, Howmber 3. 2006 9"10 am. Appliwons will be available at the training sessions. Both sessions wiU be held at Jewish Community SeIvices, m HE 12st\1 SlI!et, Nofth Miami, It DIGI. Paoong is available along the street 01 in the publk 101 located just sooth 0/ HE 12\ Street at HE S Avenue. ContaClluis Pet1a at (]os) 646-~ to 1SIp. Applications are due by \ pm ThuOOay, Howmber 30, 2006 and can be mailed to: Emergency Food and Shelter Program, P.O. Box 4\9007, Miami, Aorida D24\'9007 0I1Iand- deliYOred to: Unked Wit; 0/ Miami'[)ade, The Ansin Building. 32\0 SW 3Rl Avenue, Miami, Aorida DI29'27I2. ~ CITY OF AVENTURA V PUBLIC NOTICE Public Notice is hereby given that the City of Aventura Local Planning Agency will maet in a publiC hearing on Wednesday, Novembef 8, 2006 at 6:00 p.m. to make a recommendation regarding the adoption of the following Ordinance: AN ORDINANCE OF THE CITY COMMISSION OF THE cm OF AVENTURA, FlORIDA APPROVING A DEVELOPMENT AGREEMENT PURSUANT TO CHAPTER 163, FlORIDA STATUTES, BETWEEN GUlJ'STIlEAM 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 DISTIlICT, LEGAllY DESCRIED IN EXHIBIT "B" TO THIS ORDINANCE, LOCATED AT THE NORTHEAST CORNER OF NE 213 STIlEET 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. Immediately following the Local Planning Agency meeting, the City Commission of the City of Aventura, 8S the governing body, will consider, at a publiC hearing, sscoOO and final reading of the Ordinance. The Public Hearing will be held in the City Commission Chamber1 at CIty of Aventura Government CeIIIer, 19200 WtII Country Club Drive, Aventura, Aorida, 33180. The proposed Ordinance may be inspectsd by the public at the Office of the City Clerk at the above address, Interest8d parties may appear at the Public Hearings and be heard with respect to the proposed Ordinance. In accordance with the Americans with Disabilibes Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that dlsability should contact the Office of the City Clerk, (305) 466.8901, notlatsf than two business days prior to ~h proceedings. II a person decides to appeal any decision made by the City Commission wtth fespect to any matter considersd at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the procesdings is made, which record includes the testimony and evidence upon which the appeal is to be based. Teresa M. Soroka, MMC, City Clerk Nothing got', hencr with tlreuUast thllll 'OK:' Miami Hcmkl. ddi..crcd. 1-800-441-0444 sharply in the tirst semester and then more gradually aiter tbat, while womeo gained a lot at first and then tended to pla- teau, she said The second study involved 907 students. SS percent oi them male. at an unidentified public university in the Mid- west and was funded by the Robert Wood Johnson Foun- dation. Students were weighed iour times as in the previous study, but also at the end oi their sophomore year. Similar to the first study. students gained an average of 7.8 pounds during the fresb- man year. More than one-third gained 10 pounds or more, and one-fifth piled on 15 or more. Things got worse the next year. Males were on average 9.S pounds heavier, and females, 9.2 pounds heavier, than when tbey started col- lege. No one knows why. but the researchers are continuing tbeir study to try to tind out. Possible explanations include more drinking (alcohol con- tains calories), more socializ- ing that involves eating, higb- fat foods in dorm cafeterias and less physical activity. the researcben said. Why wouldn't you get your Free Checking from the bank rated #1 in Customer Satisfaction five yea rs in a row? V~klMk frff Ch~cJ:.~.. ,', Pm", lie',' HU,," 'Free Oniine Banijng 'FreeOniine~IIPal 'Free Balance~erts , No direct depo~t required ,No monthly service fee . No minimum ba~lICe 'Free C1ieck Card ,free Visa Eltras rewards program , Unlimited acr:ess 1II Wachoiia financial Centers and ATMs sro, B1YOUB lOCll WICKOillfIMlIClllCEMJ[llODll, ClllIOO.IICKOilIIIOO.llHII4) 01 VISITWICKOVllCOi . WACHOVIA ...........a.............4...U......,....lIlr....... 'IIlIlIIII..u....'IIlIlIIII..4...U........ --- MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI.DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA - PUBLIC HEARING - NOVEMBER 8 2006 RE: GULFSTREAM PARK RACING ASSOCIATION INC. ' in the XXXX Court, was published in said newspaper in the issues of 10/18/2006 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing t 's advertise nt for publication in the said news pap . Sworn to and subscribed before me this 18 day of OCTOBER ,A.D. 2006 o///!~ (SEAL) itP ~ Cheryl H Marmer a.v. FERBEYRE personally knrit~~ My Comm'"Km VDJJ003g ~ 01,.' Expires July 1_, ~ PUBLIC NOnCE Notice is hereby given of the City of Aventura's intent to consider a Development Agreement with GuWstream P~rk Racing Association Inc. at a second and final public hearing on November 8, 2006 at 6:00 p.m. to be held in the City Commission Chambers at the City of Aventura Govemment Center, 19200 West Country Club Drive, Aventur:&, Aorida, 33180. This hearing date was announced at the first public hearing on October 3, 2006. The -location of the land subject to the proposed development agreement is that certain parcel located on the north side Of NE 213 Street fronting on th~ east side of 81scayne Boulevard in the City of Aventura. The legal description of the land Is as follows: Portion, of Tract A, Donn Acres, according to the plat thereof as recorded in Plat Book 76, Page 30 of the Public Records of Miami- Dade CQunty, Florida, being more partiCularly described as follows: COMMENCE at the northeast ,comer gf Tract B of said Donn Acres and the northeast comer of Section 34,TOwnship 5.1 South, Ra~ge 42 East; , THENCE South 88 degrees 01 minutes 22 seconds West on the north line of said Tracts A and 8 and the north line of said Section 34, a distance of 1,374.03 feet to the point of beginning. THENCE South 01 deg~ 58 minutes 49 seconds East a distance of ..41 'feet to theinter8ectiorl with~the rKnth line of a parcel of land conveyed to the City of Aventura for highway purposes by Right of Way Deed recorded In OffIcIaI Records Book 17973, Page 3869 of the public Reco.i'ds of M~~Dade Co\Jtlty;Florida; , :"" "THENCE oil 'said North Dne of a parcel of ~ Conveyed to the City of Aventura:1he following four (4) courses and_ (listances: 1. South 88 degrees 01 minutes 22 seconds West a distance of 1078.63 feet to the beginning of a tangent curve concave to the north; . 2.. Westerly O!l.the arc of said curve having a radius of 614.09 feet through a central'angte of 2.1 degrees 05 mihutes 30 seconds, an arc distance of 226.06 feet; . 3. North 70 degrees 53 minutes 08 seconds 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 88 degrees 53 minutes 36 seconds, an arc distance of 38.79 feet to a point of reverse curvature with a curve roncave 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 having a radius of 3909.83 feet, through a central angle of 07 degrees- 46 minutes 10 seconds, an arc distance of 530.18 feet to the northwest comer of said Tract A and the intersection w~h said North line of Section 34; THENCENorIh '88 degrees 01 minutes 22 seconds East on said north line of Tract A and said north line of Section 34, a distance of 1 ,290.11 feet to the point of beginning. Said lands lying in the CIty of Aventura, Miami~Dade County, Florida . and containing 851,612 square feet (19.550 acres)more or less. The property is located in the 82 Community 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 1.61. There are also cond~ional uses, or uses that may be aHowed following approval at a public hearing, in the B2 zoning regulations. The Development Agreement. relates to proposed development of a 19.550 acre, more or less, parcel of land to be developed' according to the City's B2, Community Business, zoning district regulations. The Development Agreement provides for a term of ten (10) years from the effective date; provides that the property may be developed under the 82 zoning regulations in effect as of the effective date of the DevelOpment Agreement; reserves infrastructure capacities and restricts vehicular access to and from the devetope~s Hallandale Beach DRllands and the Gulfstream . Park Tract. A copy of the propOSed Development Agreement is ~vailable from the Office of the City Clerk, 19200 West Country Club Drive, Aventura, Florida. 10/18 I Teresa M. Soroka, MMC, City Clerk 06-3-4&739346M MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared SOOKIE WilLIAMS, who on oath says that he or she is the VICE PRESIDENT, legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a legal Advertisement of Notice in the matter of CITY OF AVENTURA - PUBLIC HEARING - NOV. 8, 2006 APPLICANT NAME/NO: AVENTURA lAND TRUST, llC, ETC. in the XXXX Court, was published in said newspaper in the issues of 10/23/2006 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has 'ther paid nor promised any person, firm or corporation any d' cou t, rebate, commission or refund for the purpose of se urin this advertisement for publication in the said new a r. Sworn to and subscribed before me this (SEAL) SOOKIE WilLIAMS personally known to me ..pIU~ Maria I. Mesa .f ~ ; My Commission 00293855 \1;.1 Expires March 04, 2008 Date and Time Qf Public Hearing: Wednesday, November 8,2006 6:00 p.m. Applicant NameJNumber: Aventura Land Trust, LLC and Av~ntura Land Trust 2 LLC (03-CU-06) Applicant Request: The applicant is requesting: Conditional Use Approval to aHow a use that measures 16 stories and 180 feet high in the 92, Community Business District, where U88S that exceed the height limitation of 12 stories and 120 feet may be permitted by Code in the 92,. Community Busine8s Dis- trict as a conditional use; and Conditional Use Approval to allow an Indoor COI1ITIeI'CIaI 19Cr8ation use COI'l$lSIing of a bowIlng alley, where this specific use may be permitted by Code in the 92, Community Business District as a conditional use. Location of Subfect Property: south side of NE 207 Street'b8tween NE , 29AvenueandNE30Avenue,Aventura Legal Delcriptlon: . Lengthy legal available at Community Deve- lopment Department Plans are on file and may be examined during regular business hours at the City of Aventura Government Center, Community Development Department, 19200 West Country Club Drive, Aventura, FI~, 33180. Plans may be modified at or before the Public Hearing. The application may change during the hearing process. The Public Hearing wHl be held in the Commission COambers. City of Aventura Governnient Center, 19200 West Country Club. Drive, Aventura, Florida 33180. Your comments may be made in person at the hearing or filed in writing prior to tl:\ehearing date. Refer to applicant/ property on correspondence and mail.same to City of. Aventura Government Center, Community Development Department,at the address above. For further information, please call (305) 466-8940. In accordance with ,the. AlJl8ricans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the City Clerk, 466-8901, nOI, later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 10/23 TeresaM. Soroka, MMC, City Clerk 06-3.2517 41284M MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared SOOKIE WilLIAMS, who on oath says that he or she is the VICE PRESIDENT, legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a legal Advertisement of Notice in the matter of CITY OF AVENTURA - PUBLIC HEARING - NOV. 8, 2006 APPLICANT NAME/NO: ACC/GP DEVELOPMENT, llC (04-CU-06) in the XXXX Court, was published in said newspaper in the issues of 10/23/2006 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any di nt, rebate, commission or refund for the purpose of s ur' g this advertisement for publication in the said ne per. 2006 (SEAL) SOOKIE WilLIAMS personally known to me ;~ ~\ Maria I. Mesa ~ ~ ; My Commission 00293855 ~ 0"..'1 Expires March 04, 2008 CITY OF AVENTURA NOTICE OF PUBLIC HEARING Date and 11me of Public HearIng: Wednesday, November 8, 2006 6:00 p.m. Applicant N8me/Number: ACClGP DeVelopment. LLC (04-CU-06) AppIIcInt" R1quttt:Theappllcant is requesUng Conditional Use Approval to permit a drive-through bank facility in the OP, Office Park District, wh8Cl_~~.fa(!IIlJiOure ~.d,by"Codain the OP i OIIioe'Perk Di$trlct, as a c:oridItIonat _ ; } 'Il', LOCItIOn Of $ubflct Property: northwest 'COmer of NI; 207 Street and NE 30 Avenue, City of Aventura~ . LegII DeIctfptIon: Tract A, Aventura Corporate Center,accordlng to plat thereof recorded in Plat Book 158, Page 47 of the Public Records of Miami-Dade County, City of Aventura Plans are on file and may be examined during regular business hours at the City of Aventura Govemment Center, Community Development Department, 19200 West Country Club Drive, Aventura, Florida, 33180. Plans may be modified at or before the Public Hearing. The application may change during the hearing pr~ss. The""Public Hearing will be held in the.Commission Chall)bers, City of AventuraGovernment Center, 19200 West Country Club Drive, Aventura, Florida 33180. Your comments may be maqe in person at the hearing or filed in writing prior to the hearing date. "Refer to applicant! property on correspondence and mail same to City of Aventura Government Center, Community Development Department. at the address above. For further information, please call (305) 466-8940. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the City Clerk, 466-8901, not later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which ;record includes the testimony and evidence upon which the appeal Is to be based. 1 0/23 Teresa M. Soroka, MMC, City Clerk 06-3-24/741283M