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04-10-2007 Zev Auerbach Bob Diamond Billy Joel T eri Holzberg Michael Stern Luz Urbaez Weinberg A~e City of ~ventura o ~. City Manager Eric M. Soroka, ICMA-CM City Commission Susan ert>ttlieb, Mayor City Clerk Teresa M. Soroka, MMC City Attorney Weiss Serota Helfman Pastoriza Cole & Boniske AGENDA APRIL l~,J~J!I 6 P.M. 19200 West Country Club Drive A ventura, Florida 33180 Change name at top 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. ELECTION OF VICE MAYOR 5. SPECIAL PRESENTATIONS: - Employee Service Awards 6. 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: March 13,2007 Commission Meeting March 22, 2007 Workshop Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN AMENDMENT TO AGREEMENT, AS ATTACHED HERETO, BY AND BETWEEN THE CITY OF AVENTURA AND CLEAR CHANNEL OUTDOOR, INC., RELATING TO COMMERCIAL ADVERTISING SIGN; 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 AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN INTERLOCAL AGREEMENT FOR DISTRIBUTION, USE AND REPORTING OF CHARTER A(xi110, 2007 Commission MeetiDg COUNTY TRANSIT SYSTEM SURTAX PROCEEDS LEVIED BY MIAMI-DADE COUNTY, AS ATTACHED HERETO, BY AND BETWEEN THE CITY OF A VENTURA AND MIAMI-DADE COUNTY; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. D. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $61,000 TO PURCHASE SOFTWARE, FLEET CANOPY AND EQUIPMENT AND AFIS ETHER NET CONNECTION FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA URGING ALL MUNICIPALITIES IN MIAMI-DADE COUNTY TO ADOPT A PROCESS FOR THE UTILIZATION OF A SPECIAL INSPECTORILICENSED ENGINEER TO CONDUCT THE INSPECTION OF HURRICANE SHUTTERS IN MULTI-FAMILY STRUCTURES; AND PROVIDING AN EFFECTIVE DATE. 7. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items, please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affinnation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained fiom the Clerk. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, CONCERNING AN APPLICATION FOR MODIFICATION OF CONDITION NUMBERED 5. OF THE CONDITIONAL USE APPROVAL GRANTED THROUGH RESOLUTION NO. 2002-46 TO EXTEND THE TIME TO DEMOLISH BUILDING "FF" AND TO CONSTRUCT THE ROADWAY, OFF-STREET PARKING AND INTERFACE WITH THE EXISTING PLAZA ON THE LOEHMANN'S PLAZA SITE AT 18741 BISCAYNE BOULEVARD, A VENTURA, FROM APRIL 25, 2007 TO APRIL 25, 2008; PROVIDING AN EFFECTIVE DATE. 8. ORDINANCES: FIRST READING/PUBLIC INPUT: A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA; AMENDING THE CITY CODE BY AMENDING ARTICLE II 2 A(xi110, 2007 Commission MeetiDg "OCCUPATIONAL LICENSE TAXES" OF CHAPTER 18 "BUSINESS REGULATIONS, LICENSES AND PERMITS" TO CONFORM WITH RECENT REVISIONS TO FLORIDA STATUTE CHAPTER 205 BY CHANGING THE TERM OCCUPATIONAL LICENSE TO LOCAL BUSINESS TAX RECEIPT; MAKING COLLATERAL CONFORMING AMENDMENTS TO OTHER AFFECTED PROVISIONS OF THE CITY CODE INCLUDING SECTIONS 2-348, 2-396, 14-62,30-95, 31-21, 31-150, 31-191, 38-32, 45-35; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO. 2006-08, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2006/07 (JULY 1 - JUNE 30) BY REVISING THE 2006/2007 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. 9. ORDINANCES: SECOND READING - PUBLIC HEARING: None. 10. RESOLUTIONS - PUBLIC HEARING: None. 11. REPORTS 12. PUBLIC COMMENTS 13. OTHER BUSINESS: None. 14. ADJOURNMENT SCHEDULE OF FUTURE MEETINGSIEVENTS COMMISSION SPECIAL MEETING APRIL 19,2007 9 A.M. COMMISSION WORKSHOP MEETING APRIL 19, 2007 following 9 A.M. mtg COMMISSION MEETING MAY 1,2007 6 P.M. 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 ofthe City Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Govermnent Center, 19200 W. Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466- 8901. 3 MINUTES CITY COMMISSION MEETING MARCH 13, 2007 Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at 6:00 p.m. Present were Commissioners Bob Diamond, Teri Holzberg, Billy Joel, Michael Stern, Luz Urbaez Weinberg, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. Commissioner Zev Auerbach was absent. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Julie Israel led the pledge of allegiance. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: Service awards were presented to 10-year employees Luis Chaidez, Ivelisse Crowley, Michael Giordano, Troy Vezina, Mark Huffman, Steve Seefchak, Mike Mauer, Jeff Burns, Thomas Mundy, Charles Travis. 5. 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: February 6, 2007 Commission Meeting February 21,2007 Workshop Meeting B. Resolution No. 2007-11 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DEDICATING EASEMENTS TO FLORIDA POWER AND LIGHT COMPANY ON THE WATERWAYS PARK EXPANSION SITE; PROVIDING FOR RECORDATION; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTION NECESSARY TO IMPLEMENT THE PURPOSES OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. C. Resolution No. 2007-12 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA CONCERNING THE CITY ELECTION OF MARCH 6, 2007; DECLARING QUALIFYING UNOPPOSED CANDIDATE ELECTED TO OFFICE OF COMMISSIONER SEAT 5 WITHOUT NECESSITY FOR FURTHER CONDUCT OF ELECTION PROCESS; ACCEPTING AND ADOPTING THE MARCH 6, 2007 ELECTION RESULTS FOR THE OFFICES OF COMMISSIONER SEATS 1 AND 3, AS CERTIFIED BY THE CITY CLERK AND ATTACHED HERETO; PROVIDING AN EFFECTIVE DATE. D. Resolution No. 2007-13 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. E. Resolution No. 2007-14 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ADJUSTING THE 2006/07 FISCAL YEAR OPERATING AND CAPITAL BUDGET TO ADOPT THE POLICE DEPARTMENT REORGANIZATION PLAN AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. F. Resolution No. 2007-15 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF MIAMI BEACH FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. G. Resolution No. 2007-16 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 07-03-02-2, FOUNDERS PARK SPRAYGROUND TO HITECH PRODUCTS INC. dba FANTASTIC FOUNTAINS AT THE BID PRICE OF $198,995.00; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE 2 APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. H. Resolution No. 2007-17 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 07-02-26-2, WATERWAYS PARK EXPANSION, TO LINK CONSTRUCTION GROUP, INC. AT THE BID PRICE OF $2,993,817.41. AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. 6. ZONING HEARINGS: None 7. ORDINANCES: FIRST READING/PUBLIC INPUT: None. 8. ORDINANCES: SECOND READING: PUBLIC HEARING: A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR PROPERTY LOCATED AT 3301 NE 213 STREET KNOWN AS WATERWAYS PARK, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM BUSINESS AND OFFICE TO PARKS AND RECREATION; PROVIDING FOR TRANSMITT AL TO THE AGENCIES AS REQUIRED UNDER CHAPTER 163, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Stern, and seconded by Commissioner Joel. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2007- 05 was enacted. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY 3 AMENDING THE ZONING DESIGNATION FOR A 7.0 ACRE PARCEL OF LAND LOCATED AT 3301 NE 213 STREET, KNOWN AS WATERWAYS PARK AND MORE PARTICULARLY DESCRIBED IN EXHIBIT A, FROM MO, MEDICAL OFFICE DISTRICT, TO ROS, RECREATION OPEN SPACE DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Weinberg, and seconded by Commissioner Diamond. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2007-06 was enacted. 9. RESOLUTIONS - PUBLIC HEARING: None. 10. REPORTS: As presented. 11. PUBLIC COMMENTS: None. 12. OTHER BUSINESS: 13. 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 6: 17 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. 4 The c~ of Aventura 8. '....",.."/ MINUTES COMMISSION WORKSHOP MEETING March 22, 2007 9 a.m. Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 CALL TO ORDER/ROLL CALL: The meeting was called to order at 9:00 a.m. by Mayor Susan Gottlieb. Present were Commissioners Zev Auerbach, Bob Diamond, Teri Holzberg, Billy Joel, Michael Stern, 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. 1. SHUTTER NSTALLATION INSPECTION PROCEDURE (Commissioner Auerbach): Commissioner Auerbach requested Commission consider adoption of a resolution urging all municipalities in Miami-Dade County to adopt regulations concerning the inspection of hurricane shutter installations similar to the City's new process. CITY MANAGER SUMMARY: Consensus to proceed at next Commission meeting. 3. MAY WORKSHOP/JUNE COMMISSION MEETING DATES: Commission discussed changing the dates of these meetings to accommodate certain Commissioners' travel schedules. CITY MANAGER SUMMARY: Consensus to change May Workshop meeting to May 31st at 9 a.m. and change June Commission meeting to June 12th at 6 p.m. 4. APPOINTMENT TO DADE LEAGUE OF CITIES: Mayor Gottlieb recommended that Commissioner Auerbach continue his representation on the Board of Directors of the Dade League of Cities and commended him for his service in that capacity thus far. CITY MANAGER SUMMARY: Consensus that Commissioner Auerbach will continue as the City's Dade League of Cities representative. 2. PROPERTY TAX REFORM (City Manager): (Taken out of order) Mr. Soroka presented a powerpoint presentation outlining the state Legislature's property tax reform discussions and proposals, how the City would be affected and made recommendations for Commission consideration. CITY MANAGER SUMMARY: Consensus to proceed as recommended by the City Manager as follows: 1) Place the Performing Arts project on hold - wait to enter into any contract until a decision has been made at the state level; 2) If revenue reductions are implemented by the state, turn the management of the library reconstruction back to the County; 3) Enter into agreement with Clear Channel to expand the use of the billboard to generate a minimum of $150,000/year to offset E911 costs. 5. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned. 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 OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City r DATE: March 22, 2007 SUBJECT: Resolution Authorizing Execution of Amendment to Agreement Concerning Commercial Advertising Sign April 10, 2007 City Commission Meeting Agenda Item —03 RECOMMENDATION It is recommended that the City Commission approve the attached Resolution authorizing the execution of the attached Amendment to the Agreement with Clear Channel Outdoor, Inc. concerning commercial advertising sign. BACKGROUND At the March Workshop, the City Commission authorized the City Administration to negotiate an Agreement with Clear Channel Outdoor, Inc. regarding utilizing one of the billboards located at Biscayne Boulevard and Ives Dairy Road for commercial purposes and sharing the revenue with the City. Specifically, the billboard currently used to advertise the City of Aventura would be converted for commercial advertising purposes. Attached hereto is the subject agreement for your review and approval. The main points of the Agreement are as follows: 1. Clear Channel shall apply to the City for modification of the condition of the variance to allow the billboard containing the "Welcome to the City of Aventura" sign to be used for commercial advertising purpose. 2. The City shall receive at least 50% of all net revenue received from the use of the billboard for commercial advertising purposes, with a minimum amount of $150,000 of annual revenues. 3. The revenues payable to the City will be used for general fund operations. 4. Clear Channel specifically agrees that the Billboard shall not be utilized for commercial advertisements which include or refer to alcoholic beverages, tobacco products, pari-mutuel gaming, casino or slot machine gambling, adult entertainment uses, or any use which is reasonably objectionable to the City. Prior to displaying or installing any commercial advertising copy, Clear Channel shall first provide a copy or proof of such proposed advertisement to the City Manager for his review. Clear Channel shall not display any advertising copy which is objected to by the City. 5. If the City Commission does not grant the modification to application for the billboard, the Agreement is terminated. If you have any questions, please feel free to contact me. EMS/act Attachment CC01570-07 RESOLUTION NO. 2007-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN AMENDMENT TO AGREEMENT, AS ATTACHED HERETO, BY AND BETWEEN THE CITY OF AVENTURA AND CLEAR CHANNEL OUTDOOR, INC., RELATING TO COMMERCIAL ADVERTISING SIGN; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized on behalf of the City to execute and otherwise enter into that certain Amendment to Agreement, as attached hereto, by and between the City of Aventura and Clear Channel Outdoor, Inc. relating to commercial advertising sign. Section 2. The City Manager is hereby authorized to do all things necessary and expedient to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon adoption. The foregoing resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner T eri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution No. 2007-_ Page 2 PASSED AND ADOPTED this 10th day of April, 2007. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENC~ /0t~ . CITY ATTORNEY EMS/tms AMENDMENT TO AGREEMENT CONCERNING COMMERCIAL ADVERTISING SIGN THIS AMENDMENT TO AGREEMENT is entered into this day of April, 2007 by and between the City of Aventura, a Florida municipal corporation (the "City") and Clear Channel Outdoor, Inc., a Florida corporation ("Clear Channel"). WIT N E SSE T H: WHEREAS, pursuant to the City Resolution No. 2003-06 as adopted on January 7, 2003, the City Commission granted Clear Channel's application for a variance to enable the modification of that certain billboard which was situated at the southwest comer of the intersection of Biscayne Boulevard (U.S. I) and Ives Diary Road in the City; and WHEREAS, pursuant to the vanance Clear Channel has implemented and installed a billboard (the "Billboard") at such location which is in compliance with the variance; and WHEREAS, pursuant to the vanance, the City imposed a condition (the "Condition") that no advertising copy would be placed on the back of the billboard (the "Billboard Back"), other then a "Welcome to the City of A ventura" message if desired by the City; and WHEREAS, Clear Channel subsequently requested that the Condition be modified so that the Billboard Back may also be utilized for a commercial advertising purpose by Clear Channel, subject to the requirement that one half of the net revenue derived from the placement or sale of advertisements upon the Billboard Back shall be provided to the City for the use of the City of Excellence Charter Schools of the City, subject to the City Commission's approval of modification of the Condition, III accordance with Commission procedures and rules; and WHEREAS, in accordance with the Agreement Concerning Commercial Advertising Sign! Charter School Revenue (the" Agreement") which was entered into between the City and Clear Channel on September 6, 2005, Clear Channel subsequently applied for modification of the Condition (the "Modification"); and WHEREAS, on November 1, 2005, the Modification was granted pursuant to Resolution No. 2005-70, so as to enable the placement of commercial advertising on the southernmost panel of the rear (west) face of the Billboard, subject to the requirements and conditions stated in said Resolution; and WHEREAS, Section 1 of the Agreement of September 6, 2005, expressly recognized that further revisions to the requirements concerning the use of the Billboard Back may be subsequently authorized by the City Commission; and WHEREAS, Clear Channel now desires to request the further modification (the "Further Modification") of the Condition, as previously modified, so as to enable the entire rear (west) face of the Billboard, including both the southernmost and northernmost panels of the rear of the Billboard to be utilized for commercial advertising purposes, subject to the requirement that one half of the net revenue derived from the placement or sale of advertisements upon any portion of the rear (west) panels of the Billboard (the "Billboard Back") shall be provided to the City for City's use for any City purposes as determined by the City Manager, subject to the City Commission's approval of the Further Modification of the Condition, in accordance with Commission procedures and rules. 2 NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS HEREOF, THE PARTIES HERETO DO COVENANT AND AGREE AS FOLLOWS: I. Purpose. Clear Channel desires to apply to City for a further modification of the Conditions of the variance granted pursuant to City Resolution No. 2003-06, as subsequently modified by Resolution No. 2005-70 (collectively, the "Resolution"), for the purpose of enabling the entire Billboard Back, as depicted on Exhibit "A" attached hereto and incorporated herein, to be utilized for commercial advertising purposes, and enabling the discontinuance of the "Welcome to the City of A ventura" sign copy. Specifically, if the Further Modification of the Condition is granted by the City Commission pursuant to Section II(b) herein, the entire Billboard Back may be used for commercial advertising purposes, subject to the conditions, limitations and restrictions referenced herein. II. Obligations of Clear Channel. A. Within thirty (30) days after execution of this Amendment to Agreement, Clear Channel shall apply to the City for the Further Modification of the Condition of the variance concerning the Billboard, as described above. B. Clear Channel shall diligently pursue such Further Modification of the Condition and shall provide any necessary data or information in support of such Further Modification application, as requested by the City Manager. 3 C. In the event that the City Commission grants the Further Modification, Clear Channel shall proceed to market and sell space on the Billboard Back as authorized herein and by such approved Further Modification, and shall dedicate and pay to City at least fifty (50%) percent of all net revenue received from the use of the Billboard Back for commercial advertising purposes, but shall pay to City not less than One Hundred Fifty Thousand ($150,000.00) Dollars of annual revenue received by Clear Channel from the Billboard Back. Revenue due and payable to City hereunder shall be paid in equal monthly installments by Clear Channel to the City and shall be utilized by City for any City purposes as determined by the City Manager. D. Clear Channel specifically agrees that the Billboard Back shall not be utilized for commercial advertisements which include or refer to alcoholic beverages, tobacco products, pari-mutuel gaming, casino or slot machine gambling, adult entertainment uses, or any use which is reasonably objectionable to City in light of City's interest in the health, safety and welfare of its residents. Prior to displaying or installing any commercial advertising copy which may contravene the restrictions stated herein above, Clear Channel shall first provide a copy or proof of such proposed advertisement to the City Manager for his review in accordance with the provisions of Section III(e) of this Agreement. Clear Channel shall not display any advertising copy which is timely objected to by the City Manager. 4 III. Obligations of City. A. City shall promptly process Clear Channel's Further Modification application pursuant to Section 31-76(f) of the City Code. B. The City Commission shall make its decision upon the Further Modification in accordance with the pertinent variance Condition modification criteria provided by Section 31-76(f) of the City Code, and the quasi-judicial procedures of the City. C. In the event that the City Commission grants the Further Modification, the City Manager shall confirm in writing to Clear Channel that Clear Channel is authorized to use the Billboard Back for commercial advertising purposes. D. The City's share of advertising revenue provided by Clear Channel to City pursuant to this Agreement shall be utilized by City for any City purposes, as determined by the City Manager. E. Promptly upon submittal of the proposed advertising display copy or proof in accordance with Section II( d) above, the City Manager shall advise Clear Channel in writing, as to whether the City has any objection to the proposed display. This written response to Clear Channel shall be' made within three (3) business days of receipt of the proposed copy from Clear Channel. IV. Term of Agreement. Except as otherwise specified herein, this Amendment to Agreement shall be in full force and effect commencing upon the date of execution hereof by both parties, and 5 shall terminate upon full performance of each of the covenants hereof. However, in the event that the Further Modification is not granted, this Amendment to Agreement shall terminate on the day following rendition of the denial of such Further Modification request, and shall be of no further force or effect. The Agreement of September 6, 2005, shall remain in full force and effect in the event that this Amendment to Agreement is terminated, as described above, upon denial ofthe Further Modification. V. Governing Law. This Amendment to Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The parties agree to submit to service of process and jurisdiction in the State of Florida for any controversy or claim between the parties which arises out of or is related to this Amendment to Agreement or a breach of this Amendment to Agreement. Venue for any court action between the parties for any such controversy arising from or related to this Amendment to Agreement shall be in the Eleventh Judicial Circuit Court, in and for Miami-Dade County, Florida. The parties hereby voluntarily waive any right to trial by jury for any litigation arising hereunder between the parties. VI. No Precedent; No Admission. A. Since the approval or denial of the Further Modification application is a quasi-judicial governmental matter, Clear Channel recognizes that nothing in this Amendment to Agreement shall be construed to commit City to grant the Further Modification and that, instead, City solely covenants that it shall process and consider the application for Further Modification in accordance with the City Code and applicable law. 6 B. Clear Channel recognizes that City's grant, if any, of the Further Modification described herein shall not establish any precedent which supports or justifies the grant of any other or subsequent modification. VII. Entirety of Agreement. A. This Amendment to Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties hereto agree that, except as to the Agreement of September 6, 2005, and as to other covenants or agreements referenced herein, there are no commitments, agreements or understandings concerning the subject matter of this Amendment to Agreement that are not contained in this Amendment to Agreement, and that this Amendment to Agreement contains the entire agreement between the parties as to the matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Amendment to Agreement shall be of no force or effect, and that this Amendment to Agreement may be modified, altered or amended only by written agreement duly executed by both parties hereto or their authorized representatives. B. Nothing in this Amendment to Agreement shall be construed to affect or impair those certain previous agreements of the parties, including the September 3, 2002 Agreement Concerning Commercial Advertising Signs, the February 14, 2003 Covenant, and the Agreement of September 6, 2005, each of which is on file in the Office of the City Clerk, except that if the Further Modification is granted this Amendment to Agreement shall supersede solely the Agreement of September 6, 2005. 7 VIII. Headings. Captions and headings in this Amendment to Agreement are for ease of reference only and do not constitute a part of this Amendment to Agreement and shall not affect the meaning or interpretation of any provisions herein. IX. Rights of Others. Nothing in this Amendment to Agreement expressed or implied is intended to confer upon any person other than the parties hereto, any rights or remedies under or by reason of this Amendment to Agreement. X. Representation by Clear Channel. Clear Channel represents that: (1) this Amendment to Agreement has been duly authorized, executed and delivered by Clear Channel; and (2) it has the required capacity and authority to perform this Amendment to Agreement and to bind itself to the provisions hereof. XI. Representation by City. City represents that: (1) this Amendment to Agreement has been duly authorized, executed and delivered by the City; and (2) it has the required power and authority to perform this Amendment to Agreement and to bind itself to the provisions thereof. XII. Waiver. There shall be no waiver of any right related to this Amendment to Agreement unless in writing, signed by the party waiving such right. No delay or failure to exercise a right under this Amendment to Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Amendment to Agreement. XIII. Invalidity of Provisions, Severability. 8 Wherever possible, each provision of this Amendment to Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Amendment to Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Amendment to Agreement, provided that the material purposes of this Amendment to Agreement can be determined and effectuated. XIV. Notice. Notices to Clear Channel provided for herein shall be sufficient if sent by federal express or certified mail, return receipt requested, postage pre-paid, addressed to: Clear Channel Outdoor Jeff Andres, Vice President 5800 N.W. 77th Court Miami, FL 33166 and notices to City, if sent by federal express or certified mail, return receipt requested, postage pre-paid addressed to: Mr. Eric M. Soroka, City Manager City of A ventura 19200 West Country Club Drive Aventura, FL 33180 or such other respective address as the parties may designate to each other in writing from time to time. XV. Successors Each party hereto and their successors and assigns are hereby bound to the provisions hereof. XVI. Default. A. Clear Channel Event of Default. Without limitation, failure by Clear Channel to substantially fulfill any of its material obligations in accordance with this 9 Amendment to Agreement, shall constitute a "Clear Channel Event of Default". If a Clear Channel Event of Default should occur, City shall have all of the following rights and remedies which it may exercise singly or in combination: 1. The right to declare that this Amendment to Agreement together with all rights granted to Clear Channel hereunder are terminated, effective upon such date as is designated by City; provided, however, that an Event of Default shall be defined to consist of a default that shall occur by the default in performance of any of the covenants and conditions required herein to be kept and performed by Clear Channel and such default continues for a period of fifteen (15) days after receipt of written notice from City of said default. Provided that (1) if the nature of the default is such that it cannot be cured in a period of fifteen (15) days from the date of the default and (2) Clear Channel shall commence good faith efforts to cure such default no later than fifteen (15) days after such notice, and (3) such efforts are prosecuted to completion, to City's reasonable satisfaction, then it shall be deemed that no Event of Default shall have occurred under the provisions of this paragraph. 2. Any and all rights provided under the laws of Florida. B. City Event of Default. Without limitation, the failure by City to substantially fulfill any of its material obligations in accordance with this Amendment to Agreement, shall constitute a "City Event of Default". If a City Event of Default should 10 occur, Clear Channel shall have the following rights and remedies which it may exercise singly or in combination: 1. The right to declare that this Amendment to Agreement together with all rights granted to City hereunder are terminated, effective upon such date as designated by Clear Channel; provided, however, that an Event of Default shall be defined to consist of default that shall occur by the default in performance of any of the covenants and conditions required herein to be kept and performed by City and such default continues for a period of fifteen (15) days after receipt of written notice from Clear Channel of said default. Provided that (1) if the nature of the default is such that it cannot be cured in a period of fifteen (15) days from the date of the default, and (2) City shall commence good faith efforts to cure such default, no later than fifteen (15) days after such notice, and (3) such efforts are diligently prosecuted to completion to Clear Channel's reasonable satisfaction, then it shall be deemed that no Event of Default shall have occurred under the provisions of this paragraph. 2. Any and all rights provided under the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written, in several counterparts, each of which shall be deemed an original, but all constituting only one agreement. CITY OF A VENTURA: ATTEST: By: By: City Manager City Clerk 11 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: City Attorney CLEAR CHANNEL OUTDOOR, INe. By: 12 (Seal) Name: Title: Res; l/tiV-1 uo~vJ ~ ''-/ s,r? 328001 lagreementslConceming Commercial Advertising Sign2 (03-14-07) 12 ATTEST: "7 Secretary ",.-,..s'",..' '-'! // ~ C_,.- . .... --:i3rv:14A '~5 \, t'j> /' . : '.l ... '.t /1 V ~i (Print Name) CITY OF AVENTURA OFFICE OF THE CITY MANAGER FROM: Eric M. Soroka, ICMA-CM, TO: City Commission DATE: March 26, 2007 SUBJECT: Revised Municipal Interlocal Agreement Regarding the Distribution of the Charter County Transit System Surtax April 10, 2007 City Commission Meeting Agenda Item ~ RECOMMENDATION It is recommended that the City Commission approve a revised I nterlocal Agreement (ILA) with the County, which allows the City to continue to receive and expend funds provided by the Charter County Transit System Surtax for a period of five (5) years. BACKGROUND Subsequent to the passage of the Charter County Transit System Sales Surtax, Miami Dade County entered into Interlocal Agreements with the thirty-one (31) eligible municipalities. Only those cities in existence as of November 5, 2002 are considered eligible, as per County Ordinance 02-117. Key provisions of both the ordinance and the current ILA are as follows: 1) Twenty percent of surtax proceeds shall be distributed annually to those Cities existing (eligible cities) as of November 5, 2002 that meet the following conditions: 2) The City must continue to provide the same level of general fund support for transportation that was in its FY 2001-2002 budget in subsequent fiscal years. Any surtax proceeds received shall be applied to supplement, not replace the City's general fund support for transportation. 3) The City must apply twenty (20) percent of surtax proceeds received to transit uses in the nature of circulator buses, bus shelters, bus pullout bays or other transit-related infrastructure. A City that cannot apply the twenty (20) percent Memo to City Commission Page 2 portion of surtax proceeds it receives, as provided in the preceding sentence, may contract with the County for the County to apply such proceeds on a County project that enhances traffic mobility within that City and immediately adjacent areas. If the City cannot expend such proceeds in accordance with either of the preceding sentences, then said proceeds shall carry over and be added to the overall portion of surtax proceeds to be distributed to the Cities in the ensuing year and shall be utilized solely for the transit uses. As a result of the analysis of the relationship between the County and the Municipalities, certain revisions/additions to the Municipal Interlocal Agreement were proposed. The proposed changes reflect provisions in Miami-Dade County Ordinance 02-116 as well as address certain issues and concerns that have surfaced since inception of the People's Transportation Plan. The attached ILA has been revised to incorporate the following: . Section 2.1 Includes CITT language regarding approval of Agreement and added a five year term in lieu of an evergreen provision. . Section 3 Information shall be submitted to the OCITT on a quarterly basis, no more than 10 working days after the quarter end. . Section 4.2 Changed the date to receive documents from the eligible cities from June 1, to November 1. The June 1 date coincided with the budget process, by changing the date this allows the cities to provide a current year's budget. . Section 5.1 Provide a certified report with a disclosure of surtax proceeds expended followed by an independent audit report six (6) months after the fiscal year end. Allow for audits by the CITT, Audit and Management Services, Office of the Commission Auditor and the Miami-Dade County Inspector General. . Section 5.2 Requirement to cure audit findings . Section 7.7 Requires the cities to acknowledge that projects funded in whole or in part by surtax proceeds with appropriate signage. . Section 7.8 Ensures that cities will provide access and treat all County residents equally with respect to surtax funded projects. . Section 7.9 Ordinance 06-138, approved by the Board of County Commissioners on September 26, 2006. This ordinance ensures that all eligible municipalities do not expend more than five (5) percent of its municipal share of surtax proceeds on administrative costs, exclusive of project management and oversight for projects funded by the surtax. . Section 7.12 Delineates that the County Manager or his designee has the authority to distribute or withhold funds. Memo to City Commission Page 3 . Sections 10.1, 10.2 and 10.3 Prohibits the use of surtax proceeds from lobbying either the Legislature, State agencies or the County. There is no fiscal impact to the City. If you have any questions, please feel free to contact me. EMS/act CC01573-07 RESOLUTION NO. 2007-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN INTERLOCAL AGREEMENT FOR DISTRIBUTION, USE AND REPORTING OF CHARTER COUNTY TRANSIT SYSTEM SURTAX PROCEEDS LEVIED BY MIAMI-DADE COUNTY, AS ATTACHED HERETO, BY AND BETWEEN THE CITY OF AVENTURA AND MIAMI-DADE COUNTY; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized on behalf of the City to execute and otherwise enter into that certain Interlocal Agreement for distribution, use and reporting of Charter County Transit System Surtax Proceeds levied by Miami-Dade County, as attached hereto, by and between the City of Aventura and Miami-Dade County. Section 2. The City Manager is hereby authorized to do all things necessary and expedient to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon adoption. The foregoing resolution was offered by Commissioner its adoption. The motion was seconded by Commissioner put to a vote, the vote was as follows: , who moved , and upon being Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner T eri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution No. 2007-_ Page 2 PASSED AND ADOPTED this 10th day of April, 2007. SUSAN GOTTLIEB, MAYOR A TIEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: r-i~~ CITY A TIORNEY EMS/tms INTERLOCAL AGREEMENT FOR DISTRIBUTION, USE AND REPORTING OF CHARTER COUNTY TRANSIT SYSTEM SURTAX PROCEEDS LEVIED BY MIAMI-DADE COUNTY This Interlocal Agreement ("Agreement") entered into this _ day of 2007, by and between Miami-Dade County, a political subdivision of the State of Florida ("County"), and City of Aventura, a municipal corporation located within the geographic boundaries of Miami-Dade County, Florida ("City"). WHEREAS, County adopted Ordinance No. 02-116 levying and imposing a one half of one percent Charter County Transit System Surtax ("Surtax") pursuant to the authority of Sec. 212.055(1) Fla.Stats. (2002); and WHEREAS, in 2003, County and City entered into an Interlocal Agreement delineating each party's obligations; and WHEREAS, the County and City wish to modify that agreement; and WHEREAS, this Agreement supersedes all previous agreements; and WHEREAS, twenty (20) percent of surtax proceeds shall be distributed annually to those Cities existing as of November 5, 2002, ("eligible cities") that meet certain conditions including: The City continues to provide the same level of general fund support for transportation that was in its FY 2001-2002 budget in subsequent fiscal years; Any surtax proceeds received shall be applied to supplement, not replace a City's general fund support for transportation; WHEREAS, Miami-Dade County Ordinance 02-116 requires that the City, on an annual basis, apply at least twenty (20) percent of any surtax proceeds received to transit uses in the nature of circulator buses, bus shelters, bus pullout bays or other transit-related infrastructure. Any City that cannot apply the twenty (20) percent portion of surtax proceeds it receives as provided in the preceding sentence, may contract with the County for the County to apply such proceeds on a County project that enhances traffic mobility within that City and immediately adjacent areas. WHEREAS, if the City cannot expend such proceeds in accordance with either of the preceding sentences, then such proceeds shall either carry over and be added to the overall portion of surtax proceeds to be distributed to the Cities in the ensuing year and shall be utilized solely for the transit uses; WHEREAS, surtax proceeds distributed on a pro rata basis amongst eligible cities based on the ratio such City's population bears to the total population in all such Cities (as adjusted annually in accordance with the Estimates of Population prepared by the Bureau of Economic and Business Research of the University of Florida) that continue to meet the foregoing conditions; and NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, the County and the City agree as follows: ARTICLE 1 DEFINITIONS 1.1 "ADA" shall mean the Americans with Disabilities Act of 1990, as amended. 1.2 "Administrative costs" shall be defined as overhead expenses which are not readily attributable to anyone particular project funded in whole or in part by the transit surtax funds. 1.3 "BCC" shall mean the Miami-Dade County Board of County Commissioners. 1.4 "CITT" shall mean the Citizens' Independent Transportation Trust. 1.5 "City" shall mean a municipal corporation located within the geographic boundaries of Miami-Dade County, Florida. 1.6 "Contractor" shall mean any entity, public or private, providing public transit services as described in this Agreement under contract to the City. 1.7 "County" shall mean Miami-Dade County, Florida. 1.8 "FDOR" shall mean the Florida Department of Revenue. 1.9 "Eligible Cities" shall mean cities in existence as of November 5, 2002. 1.10 "Fares" shall mean individual transportation fees paid by public transit passengers in accordance with a schedule of fares adopted by County Ordinance. 1.11 "Mayor" shall mean Miami-Dade County Executive Mayor 1.12 "M DT" shall mean Miami-Dade Transit and authorized representatives thereof. 1.13 "OCITT" shall mean the Office of The Citizens' Independent Transportation Trust and authorized representatives thereof. 2 1.14 "Project" shall be defined as transportation and transit projects including operation and maintenance thereof, funded in whole or in part by surtax proceeds. 1.15 "Program" shall be defined as transportation and transit projects including operation and maintenance thereof, funded in whole or in part by surtax proceeds. 1.16 "Surtax Proceeds" shall mean the funds collected and received by the FDOR from the imposition of the Charter County Transit System Sales Surtax, less the FDOR's cost of administration. 1.17 "The Trust" shall include the Citizens' Independent Transportation Trust, and authorized representatives thereof. ARTICLE 2 TERMS 2.1 TERMS OF AGREEMENT This agreement shall become effective as follows: (1) ten (10) days after the date of its adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by the Board of County Commissioners, and (2) either i) the Citizens' Independent Transportation Trust (CITT) has approved same, or ii) in response to the CITT's disapproval, the County Commission re-affirms by two- thirds (2/3) vote of the Commission's membership and such reaffirmation becomes final; and approval by the Commission of the City of Aventura or City Manager, if accompanied with documentation evidencing the City Manager's authority to sign agreement; and the execution by the County Manager. This agreement shall remain in force for five (5) years thereafter. 2.2 TERMINATION This Agreement may be terminated for cause by either party upon no less than thirty (30) days written notice to the other party. Said notice shall be delivered by verified facsimile transmission or certified mail, return receipt requested. The noticed party shall have the opportunity to cure any stated cause for termination within the notice period, in which case the terminating party may cancel the termination notice using the same means by which the notice of termination was delivered. 2.3 The County may suspend or terminate the dispersing of surtax proceeds to the City if there is a breach of this Interlocal Agreement until such breach is cured. 2.4 The County reserves the right to cancel unilaterally this Agreement for refusal by the City to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement. 3 ARTICLE 3 ACCOMPLISHMENT OF PROJECTS Submission of Proceedings, Contracts and Other Documents: The City shall submit to the CITT and/or OCITT such data, reports, records, contracts and other documents relating to the program as the CITT or OCITT may request. On a quarterly basis, the City shall provide to the OCITT a report regarding the implementation of the projects funded in whole or in part by surtax proceeds. This information is due to the OCITT no more than ten (10) working days after the quarter end. ARTICLE 4 ACCOUNTING RECORDS 4.1 Establishment and Maintenance of Accounting Records: The City shall maintain for projects or programs, in conformity with requirements of "Principles for State and Local Governments," separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "program account". Documentation of the program account shall be made available to the CITT upon request any time during the period of the Agreement. 4.2 By November 1 of each year, City shall, in order to be eligible to receive a portion of the Municipal Share for the ensuing year, certify to County that: i) for the current fiscal year it is providing at least the same level of general fund support for transportation that City provided in City's FY 2001-2002 budget; and ii) it is using the current year's portion of the Municipal Share received in accordance with this Agreement. Such certification shall include a certified copy of City's budget for the current fiscal year, together with a list of the projects (including ongoing or completed projects that the City is paying debt service on borrowed funds) on which the current year's portion of the Municipal Share received is being expended. If City fails to meet the certification requirements, after being given a reasonable opportunity to correct any deficiencies, the amount equal to the pro rata portion of the Municipal Share City is to receive in the ensuing year shall not be distributed to City and shall be distributed among the remaining eligible cities. 4.3 Funds Received or Made Available for Projects: The City shall appropriately record in the program account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the County pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the program, which County payments and other funds are herein collectively referred to as "program funds". The City shall require depositories of program funds to secure continuously and fully all program funds in excess of the amounts insured under Federal plans, or under State plans which 4 have been approved for the deposit of program funds by the County, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State law for the security of public funds, or as approved by the County. 4.4 Documentation of Program Costs: All costs incurred by the program, including any approved services contributed by the City or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. ARTICLE 5 AUDIT AND INSPECTION 5.1 Audit Reports: By November 1 a certified report with a disclosure of surtax proceeds expended in accordance with State law, Ordinance No. 02-116, and this Agreement followed by an independent audit report six (6) months after the fiscal year end. The City agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the CITT, including but not limited to site visits and limited scope audits. The City further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the CITT or the Audit and Management Services Department of Miami-Dade County, the Office of the Commission Auditor, the Miami-Dade County Office of the Inspector General or an agent of the County. The City shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three (3) years from the date the audit report is issued, and shall allow the CITT access to such records and working papers upon request. 5.2 Other Requirements: If an audit discloses any significant audit findings relating to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the City, the City shall submit as part of the audit package to the CITT a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The City shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 5.3 The City shall permit and require its contractors to permit the County and the CITT's authorized representative to inspect all work, materials, payrolls, records, and to audit the books, records and accounts pertaining to the financing and development of the program. 5 ARTICLE 6 RESTRICTIONS, PROHIBITIONS, CONTROLS, AND LABOR PROVISIONS 6.1 Equal Employment Opportunity: In connection with the carrying out of any project, the City shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex, sexual orientation or national origin. The City will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, sexual orientation or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of CITT assisted contracts. The City shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the projecUprogram, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the City shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the County setting forth the provisions of the nondiscrimination clause. 6.2 Title VI - Civil Rights Act of 1964: Execution of this Interlocal Agreement constitutes a certification that the City will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the City pursuant thereto. 6.3 The Americans with Disabilities Act of 1990 (ADA): Execution of this Interlocal Agreement constitutes a certification that the City will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the Federal government issued thereunder, and the assurance by the City pursuant thereto. 6.4 Prohibited Interests: Neither the City nor any of its contractors or its subcontractors shall enter into any contract, subcontract, or arrangement in connection with projects or any property included or planned to be included in the projects, in which any member, officer, or employee of the City during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former 6 member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the City, the City with prior approval of the BCC and the CITT, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the City relating to such contract, subcontract, or arrangement. The City shall insert in all contracts entered into in connection with projects or any property included or planned to be included in any project, and shall require its contractors to insert in each of its subcontracts, the following provision: "No member, officer, or employee of the City during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the City and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental City. 6.5 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Environmental Pollution: Execution of this Interlocal Agreement constitutes a certification by the City that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The City will be solely responsible for any liability in the event of non- compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the CITT for any loss incurred in connection therewith. 7.2 Not Obligated to Third Parties: The County, the BCC Members, the CITT Members and all of the County's officers, agents, and employees shall not be obligated or liable hereunder to any party other than the City. 7.3 When Rights and Remedies Not Waived: In no event shall the making by the County of any payment to the City constitute or be construed as a waiver by the County of any breach of covenant or any default which may then exist, on the part of the City, and the making of such payment by the County while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the County with respect to such breach or default. 7.4 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. 7 7.5 State or Territorial Law: Nothing in the Agreement shall require the City to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the City will at once notify the OCITT in writing in order that appropriate changes and modifications may be made by the County and the City to the end that the City may proceed as soon as possible with projects. 7.6 Use and Maintenance of Project Facilities and Equipment: The City agrees that project facilities and equipment will be used by the City to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles. The City further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 7.7 Signage: For any project funded in whole or in part by surtax proceeds, The City shall post in a conspicuous location at the job site, structure or vehicle, a sign indicating that surtax proceeds are being used for this project. 7.8 Residency Requirement: For any project funded in whole or in part by surtax proceeds, the City may not provide any preferential access accommodations or pricing based on residency. 7.9 Administrative Expenses: Consistent with Miami-Dade County Ordinance 06-138 the City shall not expend more than five (5) percent of its municipal share of surtax proceeds on administrative expenses, exclusive of project management and oversight for projects funded by the surtax. 7.10 Contractual Indemnity: To the extent provided by law, the City shall indemnify, defend, and hold harmless the County, the BCC Members, the CITT Members and all of the County's officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the City, its agents, or employees, during the performance of the Agreement, except that neither the City, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the County or any of its officers, agents, or employees during the performance of the Agreement. 7.11 When the County receives a notice of claim for damages that may have been caused by the City in the performance of services required under this Agreement, the County will immediately forward the claim to the City. The County's failure to promptly notify the City of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by the City. 7.12 The County Manager or his designee shall have the authority to distribute and/or withhold surtax funds. 8 ARTICLE 8 AGREEMENT FORMAT All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. ARTICLE 9 EXECUTION OF AGREEMENT This Agreement may be simultaneously executed in counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. ARTICLE 10 RESTRICTIONS ON LOBBYING 10.1 Federal: The City agrees that no surtax proceeds have been paid or will be paid by or on behalf of the City, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the City to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Interlocal Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The City shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 10.2 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a State agency. 10.3 County: No funds received pursuant to this contract may be expended for lobbying the County. 9 ARTICLE 11 MODIFICATIONS AND MISCELLANEOUS PROVISIONS All notices and other communications required to be remitted pursuant to this Agreement to either party hereto shall be in writing and shall be delivered by verified facsimile transmission or certified mail, return receipt requested, to the parties at the address indicated below: FOR MIAMI-DADE COUNTY: OFFICE OF THE CITIZENS' INDEPENDENT TRANSPORTATION TRUST c/o Executive Director, OCITT 111 NW 1 Street, Suite 1010 Miami, FL 33128 Fax: (305) 375-4605 FOR CITY OF A VENTURA: City Manager Government Center 19200 West Country Club Drive Aventura, Florida 33180 Fax: (305) 466-8919 11.1 COMPLETE AND BINDING AGREEMENT This writing embodies the full and complete agreement of the parties. No other terms, conditions or modifications shall be binding upon the parties unless in writing and signed by the parties. 11.2 GOVERNING LAW This Agreement shall be construed in accordance with the laws of the State of Florida 10 IN WITNESS WHEREOFF, the parties hereto have made and executed this Agreement on the respective dates under each signature: ATTEST: FOR THE COUNTY: Miami-Dade County, a political subdivision of the State of Florida Harvey Ruvin, Clerk By its Board of County Commissioners Deputy Clerk By: County Manager Date Executed: By: Approved as to Form and Legal Sufficiency By: Assistant County Attorney 11 ATTEST: By: City Clerk Approved as to Form and Legal Sufficiency By: City Attorney FOR THE CITY: City of Aventura, a political subdivision of the State of Florida By: City Manager Date Executed: 12 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission DATE: March 23, 2007 FROM: SUBJECT: Disbursement of Police Forfeiture Funds April 1 0, 2007 City Commission Meeting Agenda Item ..ltl..l> RECOMMENDATION It is recommended that the City Commission adopt the following Motion to expend funds from the Police Forfeiture Fund: "Motion authorizing the appropriation of up to $61,000 to purchase software, Fleet Canopy and equipment and AFIS Ether net connection from the Police Forfeiture Fund in accordance with the City Manager's memorandum". If you have any questions, please feel free to contact me. EMS/act Attachment CC01571-07 CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM FROM: TO: DATE: 21 March 2007 SUBJECT: Use of Forfeiture Funds Florida State Statute 932.704 requires that money resulting from forfeitures be maintained in a special law enforcement trust fund, and that the funds be expended only upon request of the Chief of Police to the governing body of the municipality and approval of the governing body. I am requesting City Commission approval for the expenditure of: IA Pro Software ADORE software Fleet Canopy & equipment AFIS equipment & Ether net service $10,000 $8,000 $25,000 $18,000 Total Expenditure Request: $61,000 I certify that this requested expenditure complies with Florida State Statute 932.704 in that: 1. Funds will be used for an appropriate law enforcement purpose. 2. Funds are not being used as a normal source of revenue for the Police Department. 3. Funds were not considered in the adoption and approval of the budget of the Police Department. Summary IA Pro Software - Stand alone software that will be used to track complaints against employees and internal affairs investigations. Endorsed by the IACP as the software to use for tracking employee complaints, misconduct and IA investigations. Has the ability to "red flag" possible problem employees and take action based on an early warning system. ADORE software - This software is a stand alone program that will be used by the FTO's to create DOR's for trainees, track trainees progress and/or lack of progress. Various reports can also be created by this system that will give a very comprehensive overview of the trainee during their FTO training period. Canopy - A protective canopy, and associated equipment, electric and fans, so that fleet maintenance can perform minor work on city vehicles with protection from the weather and sunlight. This canopy will be located on the west side of the emergency generator. AFIS Ether net connection & equipment - The department recently received an FDLE grant of $10,000 to purchase an AFIS (Automated Fingerprint Identification System). The AFIS machine has been approved and a purchase order issued. This request would enable the PD to be connected directly to the Miami-Dade County ID section and provide officers, directly from our hold cell, the ability to make fingerprint ID of subjects in custody without having to FAX prints downtown and wait for a confirmation. The funds will cover one year's Ether net service ($930.00 per month x 12 = $11,160.00) for the connection to MD-PD ID and some associated equipment. The cost vs. use of this service will be evaluated after the one year period and a decision made if the service should be continued. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM DATE: March 26, 2007 TO: City Commission FROM: Eric M. Soroka, leMA-CM, Ci SUBJECT: Resolution Regarding Shutter Inspection Process April 1 0, 2007 City Commission Meeting Agenda Item ...i2..5 Attached hereto is a Resolution urging all cities in the County to adopt the special inspection process for hurricane shutter inspections. This matter is sponsored by Commissioner Zev Auerbach and was discussed at the March Workshop Meeting. EMS/act Attachment CC01572-07 RESOLUTION NO. 2007-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA URGING ALL MUNICIPALITIES IN MIAMI-DADE COUNTY TO ADOPT A PROCESS FOR THE UTILIZATION OF A SPECIAL INSPECTOR/LICENSED ENGINEER TO CONDUCT THE INSPECTION OF HURRICANE SHUTTERS IN MUL TI- FAMILY STRUCTURES; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission urges all municipalities in Miami-Dade County to adopt a process for the utilization of a special inspector/licensed engineer to conduct the inspection of hurricane shutters in multi-family structures. Section 2. A copy of this Resolution shall be provided to the Miami-Dade County League of Cities, Inc. for distribution to and discussion among all municipalities in Miami-Dade County. Section 3. This Resolution shall become effective immediately upon adoption. The foregoing resolution was offered by Commissioner its adoption. The motion was seconded by Commissioner put to a vote, the vote was as follows: , who moved , and upon being Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner T eri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution No. 2007-_ Page 2 PASSED AND ADOPTED this 10th day of April, 2007. ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: 4h-Y\~ CITY ATTORNEY EMS/tms SUSAN GOTTLIEB, MAYOR CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: Eric M. oroka, ICMA-CM City Ma er" BY: Joanne Carr, AI~ f/J Planning Directo~ DATE: April 4, 2007 SUBJECT: Request of TRG Regina Square, Ltd. for Modification of Condition Numbered 5 to Conditional Use approval granted through Resolution 2002-46 to extend the time to demolish Building FF and to construct the roadway, off-street parking and interface with the existing plaza on the Loehmann's Plaza site, 18741 Biscayne Boulevard, Aventura (05-CU-02 Modification 2) April 10, 2007 City Commission Meeting Agenda Item 1 RECOMMENDATION It is recommended that the City Commission approve the request to modify Condition numbered 5 to the conditional use approval granted through Resolution No. 2002-46 to extend the time to demolish Building FF and construct the new roadway, parking area and interface with the existing plaza on the Loehmann's Plaza site for one hundred and eighty (180) days from the date of this approval, upon the following conditions: 1. In the event that the applicant requires further additional time to complete the work, the City Manager may, for good cause shown, grant an additional ninety (90) day extension of time. Good cause shall include, without limitation, good faith inability to remove any existing tenant in Building "FF" due to actions or inactions of the tenant(s). Any further extension may be granted only by resolution or motion of the City Commission. 2. The applicant shall provide a bond in the amount of $250,000 to the City to guarantee completion of this demolition and reconstruction work. Said bond shall be in form approved by the City Manager and City Attorney and shall provide that it may be forfeited by the applicant for the benefit of the City if such work is not completed within the specified time limit. THE REQUEST The applicant, TRG Regina Square, Ltd., is requesting a one year extension of the time limit in which to demolish Building FF and to construct a new roadway, parking area and plaza interface on the Loehmann's Plaza site, from April 25, 2007 to April 25, 2008 due to unforeseen delays in relocation of several tenants of the building. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY TRG Regina Square, Ltd. APPLICANT TRG Regina Square Ltd. ADDRESS OF PROPERTY 18741 Biscayne Boulevard (See Exhibit #2 for Location Plan) LEGAL DESCRIPTION Part of Tracts "B" and "C", Regina Square Subdivision, as recorded in Plat Book 113, Page 27 of the Public Records of Dade County SIZE OF PROPERTY Approximately 6.27 acres EXISTING ZONING TC1, Town Center District FUTURE LAND USE DESIGNATION Town Center (TC1 zone) HISTORY The Phase 1 development of the Town Center consists of two residential buildings with a total of 500 units and 18,799 square feet of retail space on the ground level of the north elevation of each building. The easterly building fronting on NE 29 Avenue is 11 stories high and the westerly building fronting on NE 187 Street is 7 stories high. Both buildings are connected by a five level parking garage that has been designed to complement the fagade of the residential structures. On September 3, 2002, the applicant received Conditional Use Approval through Resolution No. 2002-46 to permit the increased height, reduced floor area minimums, reallocation of uses and reduced parking for Phase 1 of the Town Center development known as The Venture East and West. A copy of Resolution No. 2002-46 is attached as Exhibit #3. Condition numbered 5 of the conditional use approval in September of 2002 reads: 2 "The applicant and owner agree to demolish the building marked "FF" on the Demolition Plan and construct the roadway, on-street parking and interface with the existing plaza shown on Plan A. 1 00, Site Plan Opt. 1-8 within one year of the date of issuance of the final certificate of occupancy or temporary certificate of occupancy for the Phase 1 buildings. The applicant may petition the City Commission in the future to extend the time period due to unforeseen circumstances." The Demolition Plan and Site Plan Opt. 1-B are attached as Exhibits #4 and #5. Building "FF" is located to the immediate north of the Venture west tower. Its loading and delivery areas are located on the south side of the building, facing the Venture units. The condition that it be demolished within one year was included to limit the duration of the visual blight of that loading/delivery area on the residents of the towers. Current tenants in Building "FF" were to be relocated to the new first floor commercial units in the Venture towers. Once the building is demolished, a new roadway, parking area and interface with the existing plaza are to be built in its place. The last temporary certificate of occupancy was issued by the City on April 25, 2006. The final certificate of occupancy was issued on July 24, 2006. Based on the condition language, Building "FF" is to be demolished and the new roadway, parking area and plaza interface to be constructed on or before April 25, 2007. The applicant is requesting a one year extension of the time to demolish Building "FF" and to construct the roadway, off-street parking and interface with the existing plaza due to unforeseen circumstances that have delayed the work.. A permit for demolition permit for Building "FF" and for construction of the roadway, parking area and plaza interface was issued by the City on February 23, 2007, however, the applicant advises that this work has not yet started because tenants of the building have not vacated the building. The applicant has submitted documentation to show its efforts to date to relocate the tenants to the new retail spaces in the Venture building. It advises that two tenants remain in Building "FF", that one tenant received its certificate of completion for the new space on March 29, 2007 and that it expects this tenant will vacate Building "FF" by April 7, 2007. The applicant further advises that the remaining tenant's new space in the Venture building will not be ready until July, 2007,however, it is negotiating with this tenant to relocate her business to a vacant space in another Loehmann's plaza building until July to allow demolition of Building "FF". Staff recommends approval of a one hundred and eighty (180) day extension of time, from the date of adoption of the resolution granting such extension, to complete the demolition and reconstruction work, with the conditions detailed in this report, rather than the three hundred and sixty five (365) day extension requested by the applicant. 3 Greenberg Traurig Clifford A. Schulman (305) 579-0613 Direct Fax: (305) 961-5613 E-Mail: schulmanC@gtlaw.com March 30, 2007 Ms. Joanne Carr Planning Director City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 Re: The Venture /2775 N.E. 188th Street, 18800 N.E. 29th Avenue, 2801 N.E. 187th Street / Building "FF" demolition and redevelopment Exhibit 1 (OS-CU-02 MOD2) Dear Ms. Carr: As you are aware, we represent TRG, Regina Square, Ltd., the developer of the above referenced property. On September 3,2002, the City Commission approved, Resolution 2002-46 for the project now known as, The Venture. As part of this approval, the City Commission included a condition, Condition No.5, that the applicant and owner demolish the building know as, building "FF" of the Loehman's Plaza and redevelop as provided on the site plan. This condition states that the building is to be demolished within one year of the date of issuance of the final certificate of occupancy or temporary certificate of occupancy and provides for extension by the City Commission should unforeseen circumstances arise. Initially, we must note and object to staff's determination that the 1 year period for the demolition of building "FF" runs out on or about April 25, 2007, or 1 year after the issuance of the temporary certificate of occupancy for the Venture project. As noted above, the condition of Commission Resolution No. 2002-46 indicates that the demolition is to take place". .. within one year of the date of issuance of the final certificate of occupancy or temporary certificate of occupancy for the Phase 1 buildings." That condition does not indicate which of the two dates is to have precedence. With all due respect, staff is construing this language to include the phrase, "which ever is earlier", or the like. We disagree with staff's interpretation in this regard. If this were the case, there would be no need to even refer to the "final certificate of occupancy" at all, since the temporary certificate always is issued before the final certificate of occupancy. The final certificate of occupancy was issued on the 24 day of July, 2006. Thus, we believe, that the 1 year period would run out on July 24,2007. However, we are filing this request with recognition that the Resolution recognized that there might be delays in the ability to meet its requirements since the condition also includes the following language: "The applicant may petition the City Commission in the future to extend the time period due to unforeseen circumstances." This letter, and attachments, sets forth those circumstances. Attached to this letter is a detailed timeline along with supporting documents which illustrate the numerous efforts as well as delays involved in demolishing the structure, which we feel qualify as unforeseen circumstances justifying an extension by the City Commission. At the MIA 179578537v1 3/3012007 Greenberg Traurig. P.A. I Attorneys at Law 11221 BrickellAvenue 1 Miami. fL 33131 I Tel 305.579.0500 I Fax 305.579.0717 I www.gtlaw.com Page 2 time of passage of the Resolution leases were already in place with the various tenants of Building "FF", therefore, efforts were immediately made to terminate the leases as soon as possible and to substitute "month to month" tenancies that could be terminated quickly. Although the applicant and owner were diligent in terminating the leases, certain tenants have refused to abandon the premises. At present, there are two remaining tenants in the building. The tenant for Bay 740, Fuji Hana Restaurant, was only awaiting a final Certificate of Occupancy for its new location in The Venture in order to relocate. This final CO was obtained yesterday, March 29, 2007, and we fully anticipate that this tenant will relocate no later than April 5, 2007. The last remaining tenant, which occupies Bay 720, En Vogue Hair Salon, anticipates relocation to its new site by the end of July. However, the applicant and owner are pursuing other means of relocating this holdover tenant and are presently in litigation to remove the tenant from the premises. The Case, Local Number 2007-5002-CC-23, has been set for mediation for April 4, 2007, with a trial to be set after this date, copy of docket attached. Despite this pending litigation, negotiations are taking place in an effort to settle the dispute, see attached correspondence from Jeffrey Sarrow, Esq., attorney for Management Company. Despite these setbacks with removal of certain tenants, the applicant moved forward with obtaining the requisite permits for the demolition and redevelopment work and has been conscientiously processing these permits for nearly a year. Starting in early August 2006, the applicant met with Planning staff to discuss the demolition and redevelopment and make modifications to the plans. Shortly thereafter, in early November 2006, the applicant began processing the plans through the various Miami-Dade County Departments, including DERM and Fire, obtaining approval from these Departments in December 2006. After these approvals the demolition and redevelopment plan was formally submitted to the City of A ventura and processed by the various departments of the City. A final permit was obtained by the City for the demolition and redevelopment of Building "FF" on February 23, 2007. Although the permit was obtained and the applicant is ready and willing to commence the work, the holdover tenants have not abandoned the premises and litigation, as described above, has ensued. We believe that the above description and attached timeline with supporting documentation describe the unforeseen circumstances contemplated for Condition No. 5 of Resolution 2002-46 and therefore justify an extension of time to be granted by the City Commission. If you have any questions, please call me at 305-579-0613. Thank you for your attention to this matter. cc: Mr. Ivan Heredia Mr. Anthony Tzamtzis Mr. U1ises Chirino Javier F. Avifi.6, Esq. MIA 179578537v1 3/30/2007 Greenberg Traurig, P.A. Timeline . September 3, 2002 - City commission adopts Resolution 2002-46, approving "The Venture" and placing Condition No.5 which requires demolition of Building "FF". See Attached Exhibit "A" . Early 2005 - Bays 745 and 750 of Building "FF" are vacated. See Attached Exhibit "B" · August - September 2006 - Conversations with Joanne Carr and Planning Staff on modifications to plans for area after building "FF" is demolished. Finalization of those plans. See Attached Exhibit "C" . September 5,2006 - Bay 680 of Building "F" vacated. See Attached Exhibit "D" . October IS, 2006 - Management Company turns over Bays 7-8 in Venture building for build out of En Vogue Salon. See Attached Exhibit "E" · November 13, 2006 - Asbestos Demolition Survey prepared by PSI, Inc., needed in order to obtain Fire approval from Miami-Dade County. See Attached Exhibit "F" . December 2006 - Bay 730 of Building "F" vacated. See Attached Exhibit "B" . November 16,2006 - Submittal to Miami-Dade Fire Department for fire permit. See Attached Exhibit "G" . December 7,2006 - DERM approval for demolition. See Attached Exhibit "H" · December 7,2006 - DERM approval for tree removal on site. See Attached Exhibit "I" · December 8, 2006 - Receipt of Fire Department Permit. See Attached Exhibit "J" · January 2, 2007 - Formal Submittal of permit application for demolition of building "FF" and renovation to area in its place to City of A ventura. See Attached Exhibit "K" · January 17,2007 - Letter from Jeffrey Sarrow, Prudential counsel, indicating to tenant of Bays 710 and 720 of Building "F" that they must vacate no later than February 15,2007 or legal action would be taken. See Attached Exhibit "L" · February 13,2007 - Correspondence with Cathy O'Leary of the City's Building Department regarding the landscape plan and tree removal for demolition of site. See Attached Exhibit "M" · February 20, 2007 - Correspondence from DERM on tree removal corrections to permit approval. See Attached Exhibit "N" MIA 179577891v1 3/2912007 . February 23,2007 - Permit approval from City of Aventura for demolition of building "FF" and construction of new plaza area in its place. See Attached Exhibit "0" . February 27,2007 - R & I Salon, Inc. files suit against Prudential Insurance Company, owner of Loehman's Plaza, in an effort to stop eviction. See Attached Exhibit "P" . February 28,2007 - Bay 680 of Building "F" vacated. See Attached Exhibit "8" . March 12,2007 - Applicant requests extension of time to comply with Condition No.5. See Attached Exhibit "Q" . March 30,2007 - Certificate of Occupancy is obtained for Fuji Hana Restaurant's new site. See Attached Exhibit "R" . March 30, 2007 - Letter from Jeffrey Sarrow, Esq., attorney for owner further describing the delays in removing tenants from the building. See Attached Exhibit "S" . AprilS, 2007 (Anticipated Date) - Relocation of Bay 740 of Building "F". See Attached Exhibit "8" MIA 179577891v1 3/29/2007 . Timeline · September 3,2002 - City commission adopts Resolution 2002-46, approving "The Venture" and placing Condition No.5 which requires demolition of Building "FF". See Attached Exhibit "A" · Early 2005 - Bays 745 and 750 of Building "FF" are vacated. See Attached Exhibit "B" · August - September 2006 - Conversations with Joanne Carr and Planning Staff on modifications to plans for area after building "FF" is demolished. Finalization of those plans. See Attached Exhibit "C" · September 5,2006 - Bay 680 of Building "F" vacated. See Attached Exhibit "D" · October 15,2006 - Management Company turns over Bays 7-8 in Venture building for build out of En Vogue Salon. See Attached Exhibit "E" · November 13,2006 - Asbestos Demolition Survey prepared by PSI, Inc., needed in order to obtain Fire approval from Miami-Dade County. See Attached Exhibit "F" · December 2006 - Bay 730 of Building "F" vacated. See Attached Exhibit "B" · November 16, 2006 - Submittal to Miami-Dade Fire Department for fire permit. See Attached Exhibit "G" · December 7, 2006 - DERM approval for demolition. See Attached Exhibit "H" · December 7,2006 - DERM approval for tree removal on site. See Attached Exhibit "I" · December 8, 2006 - Receipt of Fire Department Permit. See Attached Exhibit "J" · January 2,2007 - Formal Submittal of permit application for demolition of building "FF" and renovation to area in its place to City of A ventura. See Attached Exhibit "K" · January 17,2007 - Letter from Jeffrey Sarrow, Prudential counsel, indicating to tenant of Bays 710 and 720 of Building "F" that they must vacate no later than February 15, 2007 or legal action would be taken. See Attached Exhibit "L" · February 13,2007 - Correspondence with Cathy O'Leary of the City's Building Department regarding the landscape plan and tree removal for demolition of site. See Attached Exhibit "M" · February 20, 2007 - Correspondence from DERM on tree removal corrections to permit approval. See Attached Exhibit "N" MIA 179577891v1 3/29/2007 · February 23, 2007 - Permit approval from City of Aventura for demolition of building "FF" and construction of new plaza area in its place. See Attached Exhibit "0" · February 27, 2007 - R & I Salon, Inc. files suit against Prudential Insurance Company, owner of Loehman's Plaza, in an effort to stop eviction. See Attached Exhibit "P" · February 28, 2007 - Bay 680 of Building "F" vacated. See Attached Exhibit "B" · March 12,2007 - Applicant requests extension of time to comply with Condition No.5. See Attached Exhibit "Q" · March 30, 2007 - Certificate of Occupancy is obtained for Fuji Hana Restaurant's new site. See Attached Exhibit "R" · March 30, 2007 - Letter from Jeffrey Sarrow, Esq., attorney for owner further describing the delays in removing tenants from the building. See Attached Exhibit "S" · AprilS, 2007 (Anticipated Date) - Relocation of Bay 740 of Building "F". See Attached Exhibit "B" MIA 179577891v1 3/29/2007 RESOLUTION NO. 2002-46 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT USES THAT EXCEED THE HEIGHT LIMITATIONS SET OUT IN THE TC1 (TOWN CENTER) DISTRICT; CONDITIONAL USE APPROVAL TO PERMIT FLOOR AREAS THAT ARE LESS THAN THE MINIMUM FLOOR AREA REQUIRED IN THE TC1 (TOWN CENTER) DISTRICT; CONDITIONAL USE APPROVAL TO PERMIT ALLOCATION OF INTERIOR SPACES OTHER THAN AS SET FORTH IN THE TC1 (TOWN CENTER) DISTRICT; AND CONDITIONAL USE APPROVAL TO NUMBER OF OFF-STREET PARKING SPACES THAT DOES NOT MEET THE REQUIREMENT OF SECTION 31-171 (B) OF THE CITY'S LAND DEVELOPMENT REGULATIONSj FOR PROPERTY LOCATED AT 18741 BISCAYNE BOULEVARD. CITY OF AVENTURA; PROVIDING FOR CONDITIONS OF APPROVAL. PROVIDING AN EFFECTive DATE. WHEREAS, the property described herein is zoned TC1, Town Center District; and WHEREAS, the applicant, The Related Group of Florida, through Application No. 05-CU-02, is requesting conditional use approval to permit the following: 1. Uses that exceed the height limitation in the TC1 zoning district; 2. Floor areas that are less than the minimum floor areas required in the TC1 zoning district; 3. Allocation of interior spaces other than as set forth in the TC1 zoning district; 4. Number of off-street parking spaces that does not meet the requirement of Section 31-171 (b) of the City's Land Development Regulations; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and Resolution No. 2002-46 Page 2 WHEREAS, the City Commission finds that the App'lication meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for Conditional Use to permit the fOllowing uses in Phase 1 of the proposed Town Center development: i. An 11 story residential building, where a maximum of 4 stories are permitted by Code. ii. A 7 story residential building, where a maximum of 4 stories are permitted by Code. iii. Floor area minimum of 750 square feet for one bedroom units, where a minimum of 900 square feet are required by Code. iv. Floor area minimum of 1025 for two bedroom units, where a minimum of 1050 square feet are required by Code. v. Residential uses on the ground floor, where retail and office uses only are permitted on the ground floor by Code. vi. 825 parking spaces where 1,066 parking spaces are required by Code. is hereby granted to the Applicant, for the Phase 1 development only on property legally described as Part of Tract "A", Part of Tract "B" and all of Tract lAC", Regina Square Subdivision, recorded in Plat Book 113, Page 27 of the Public Records of Miami-Dade County, aka 18741 Biscayne Boulevard, City of Aventura, subject to the conditions set out in this Resolution. Resolution No. 200246 Page 3 Section 2. Approval of the requests above are subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows: , "Conceptual Redevelopment of Loehmann's Fashion Island, 18711 Biscayne Boulevard, Master Plan Phase One: The Residences at Aventura", Index to Drawings, Site Plan Resubmission 5 August 2002, prepared by The Related Group of Florida, not signed and sealed. , "Conceptual Redevelopment of Loehmann's Fashion Island, Master Plan, Demolition Plan", Sheet A.QQ, prepared by The Related Group of Florida, signed and sealed_. · "Loehmann's Plaza", Aerial Overlay, Proposed Master Plan, Sheet 1 of 1, prepared by Fortin Leavy Skiles Inc., dated 12/27/01, signed and sealed. , "Conceptual Redevelopment of Loehmann's Fashion Island, Master Plan, Master Site Plan" Sheet A02, prepared by The Related Group of Florida, signed and sealed · "Conceptual Redevelopment of Loehmann's Fashion Island, Master Plan, Site Photos" Sheet A.03, prepared by The Related Group of Florida, signed and sealed. , "Topographic Survey, Loehmann's Plaza Phase I", Sheet I of 3, prepared by Fortin, Leavy, Skiles Inc., dated 317/02, signed and sealed. , "Topographic Survey, Loehmann's Plaza Phase I", Sheet 2 of 3, prepared by Fortin, Leavy, Skiles Inc., dated 317/02, signed and sealed. . "Topographic Survey, Loehmann's Plaza Phase I", Sheet 3 of 3, prepared by Fortin, Leavy, Skiles Inc., dated 6/13/02, signed and sealed. · "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Site Plan", Sheet A.100a, prepared by The Related Group of Florida, signed and sealed. · "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Site Plan", Sheet A.100b, prepared by The Related Group of Florida, signed and sealed. · "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Ground Floor Plan", Sheet A.1 01 a, prepared by The Related Group of Florida, signed and sealed. · "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura. Ground Floor Plan", Sheet A.1 01 b, prepared by The Related Group of Florida, signed and sealed. · "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Typical Floor Plan", Sheet A.102a, prepared by The Related Group of Florida, signed and sealed. Resolution No. 2002-46 Page 4 · "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Typical Floor Plan", Sheet A.102b, prepared by The Related Group of Florida, signed and sealed. · "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, East Elevation", Sheet A.201, prepared by The Related Group of Florida, signed and sealed. · "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, North Elevation", Sheet A.202, prepared by The Related Group of Florida, signed and sealed. · "Conceptual Redevelopment of Loehmann's Fashion Island. Phase One: The Residences at Aventura, West Elevation", Sheet A.203, prepared by The Related Group of Florida, signed and sealed. · "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, South Elevation", Sheet A.204, prepared by The Related Group of Florida, signed and sealed. · "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Context Elevation", Sheet A.205, prepared by The Related Group of Florida, signed and sealed. · "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Longitudinal Section and Cross Section", Sheet A-301, prepared by The Related Group of Florida, signed and sealed. · "Loehmann's Plaza Phase One", Site Planting Plan, Sheet L 1.1, prepared by The Related Group of Florida, dated 06/12/02, signed and sealed. · "Loehmann's Plaza Phase One", Courtyard Planting Plan, Sheet L 1.2, prepared by The Related Group of Florida, dated 06/12/02, signed and sealed. · "Loehmann's Plaza Phase One", Planting Details, Sheet L 1.3, prepared by The Related Group of Florida, dated 06/12/02, signed and sealed. · "Loehmann's Plaza", Sketch of Legal Description, Sheet 1 of 1, dated June 18, 2002, prepared by Fortin Leavy Skiles Inc., dated 06/18/02, signed and sealed. · "Loehmann's Plaza", Conceptual Paving, Drainage, Water and Sewer Plan, Phase 1, Sheet 1 of 1, dated June 20, 2002, prepared by Fortin Leavy Skiles Inc., signed and sealed. 2. Building permits for the first stage of Phase 1 shall be obtained within twelve {12} months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. 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. Resolution No. 2002-46 Page 5 4. The applicant agrees to submit for review and obtain approval of a site plan showing detail of the perimeter screening of the Phase 1-A site. Such screen shall consist of walls and landscaping to the satisfaction of the City Manager and shall be completed prior to the issuance of any certificate of occupancy or temporary certificate of occupancy for the Phase 1 buildings. 5. The applicant and owner agree to demolish the building marked FF on the Demolition Plan and construct the roadway, on-street parking and interface with the existing plaza shown on Plan A.100, Site Plan Opt. 1-B within one year of the date of issuance of the final certificate of occupancy or temporary certificate of occupancy for the Phase 1 buildings. The applicant may petition the City Commission in the future to extend the time period due to unforeseen circumstances. 6. The applicant agrees to support, when requested by the City, a request to Florida Department of Transportation and Miami-Dade County to relocate the existing traffic signal at the intersection of NE 187 Street and Biscayne Boulevard to the intersection of the present entrance drive to Loehmann's Plaza and Biscayne Boulevard and to support a request to eliminate left hand turns at the intersection of NE 187 Street and Biscayne Boulevard. 7. The applicant agrees to arrange with Miami-Dade County to install, at the applicant's expense, a traffic signal at the intersection of NE 187 Street and NE 28 Court, prior to the issuance of a certificate of occupancy or temporary certificate of occupancy for the Phase 1 buildings. 8. The applicant agrees to arrange with Miami-Dade County, at the applicant's expense, necessary timing changes to the existing traffic signals at NE 187 Street and Biscayne Boulevard and at NE 190 Street and NE 29 Avenue, prior to issuance of a certificate of occupancy or temporary certificate of occupancy for the Phase 1 buildings. 9. The applicant and owner agree to negotiate in good faith and formalize an agreement with the City relating to the proposed cultural arts center generally in accordance with the Term Sheet attached as Exhibit #4, prior to the approval of any future phases. 10. The conditional use approval for reduced parking shall be terminated in the event that the City Manager or his designee determines that the approval has created and/or is creating a nuisance to the community. In the event of such termination, the applicant and owner agree to add the number of parking spaces, sufficient to meet the requirements of Section 31-171(b) of the City Code, to the site in a future phase and in an area agreed upon by the applicant, the owner and the City Manager. Resolution No. 2002-46 Page 6 11. The applicant agrees that one bedroom units shall comprise no more than 27% of the 498 units in Phase 1 of the Town Center development. 12. Prior to the issuance of a building permit for construction of Phase 1, applicant/owner to submit to the City a recordable declaration in lieu of unity of title. or other legal document approved by the City Attorney, that binds the applicant/owner to build the proposed project in accordance with the approved site plan and conceptual master plan for the entire parcel, with only such modifications as may be approved by the City Manager, pursuant to Section 31-79(j) of the City's Land Development Regulations or, if not so approved, otherwise approved by the City Commission after a public hearing. Section 3. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner. Grossman, who moved its adoption. The motion was seconded by Commissioner Beskin, and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin yes Commissioner Ken Cohen yes Commissioner Manny Grossman yes Commissioner Harry Holzberg yes Commissioner Patricia Rogers-Libert yes Vice Mayor Arthur Berger yes Mayor Jeffrey M. Perlow yes Resolution No. 2002-46 Page 7 PASSED AND ADOPTED this 3rd day of September, 2002. , MAYOR ~-=ICIENCY: CITY ATTORNEY olution was filed in the Office of the City Clerk this 4th day of September, 2002. C . I-dl -l illfV1SI MornS'{f~01 J iii ~OO~ l; In~i !! ! ~ ~ s (J) ~ o ~ ~ lk: o <.:> zffi ~ \~ /t I ~ ; ~ ~ 5 .. ~r~ III E~OO~ :IID~ .. -Y~i II~ s iii ;l~ OO! !~ 00 = :, Uoo.! ~ of'" a::!ll' tA Cl Cl ~ \ "'+~ ~ ~ \ i~~ ~ ~~ e:.x- . - ~~ ;::L.. C- od;:::. .s=. lEl JS ~&r"1 ~ . . iii ~J! . ~ iii ~IOO ~ loo~~ ~ ~ r\~ =-- /{'r.> I~~ 51!!1;:j Il89OotH: I9'll &eO/HH: (I9!a I'llIll)'Il'Nl!W't.Xlll"IGOlIJ1l'lMl!llWd 5.1N35'lJ ~vm1'll3 eNl 1VlO'Imvm:OO DILIIV 'ON! '~03J.IHOHV 13SN3A "3 3NAVM ~"& :'ll 11\ <:> -'-~ Ii"'" ~~ :::.;~ I ~ <( ~ .~ \ll " " .s; ~ +- ~~ ";:. 0 ~ o~ ~\ ~cs-- ~ ,~ I"- ~ ~ ~ ~ ~' 4-~ ~ -..;, ...c tt 1100; i I ! 00 i I Anthony Tzamtzis From: Sent: To: Cc: Subject: Hello Joanne, Anthony Tzamtzis Wednesday, August 02,20065:12 PM 'carrj@cityofaventura.com' Ivan Heredia; Anne Cotter; SchulmanC@gtlaw.com The Venture - FF Building demolition coordination meeting We would like to meet with you to discuss the demolition of building FF at Loehmann's Plaza and incidental work associated with that. Could you please let me know of your availability early next week? Thanks, Tony ANTHONY E. TZAMTZIS, ATA Field Architect-Senior Project Manager THE RELATED GROUP Tel. 305 466-5773 Fax 305 466-2479 Cell: 305 389-9009 1 Anthony Tzamtzis From: Sent: To: Cc: Subject: Anthony Tzarntzis Wednesday, August 02, 2006 5: 11 PM Anne Cotter; Jeff Scott Ivan Heredia The Venture - FF Building Demolition coordination Anne and Jeff, We would like to have a meeting with you both to review and discuss the proposed plans regarding demolition of Building FF and what else needs to be done (e.g. roads, parking, landscaping, pedestrian walks, relationship with existing building, etc.) to fulfill our obligation under this pnase. Time will be soon running short for this and we need to define the scope of work, have plans prepared, obtain permits and bids, etc. Could we meet this Friday am here at the Venture? Please let me know of your availability. Thanks, Tony ANTHONY E. TZAMTZlS, AlA Field Architect-Senior Project Manager THE RELATED GROUP Tel. 305 466-5773 Fax 305 466-2479 Cell: 305 389-9009 1 Anthony Tzamtzis From: Sent: To: Cc: Subject: Anthony Tzamtzis Wednesday, August 02,20065:44 PM Ivan Heredia; 'acotter@arquitectonica.com'; 'jscott@secenters.com' 'a,garcia@arquitectonica.com'; 'creiter@arquitectonica.com' RE: The Venture - FF Building Demolition coordination Ivan, I just spoke discuss this suggest that to Jeff Scott. He is not ready to meet with us until he has a chance to matter with his people sometime towards the end of next week. I would we meet ,1ith Anne tomorrow am and then meet with Jeff separately. If you are in agreement please reply asking Anne to attend the meeting tomorrow. If not, we will need to reschedule it ~round Jeff's availability late next week. Thanks, Tony ANTHONY E. TZAMTZlS, AlA Field Architect-Senior Project Manager THE RELATED GROUP Tel. 305 466-5773 Fax 305 466-2479 Cell: 305 389-9009 -----Original Message--.--- From: Ivan Heredia Sent: Wednesday, August 02, 2006 5:19 PM To: 'acotter@arquitectonica.com'; Anthony Tzamtzis; 'jscott@secenters.com' Cc: 'agarcia@arquitectonica.com'; 'creiter@arquitectonica.com' Subject: Re: The Venture - FF Building Demolition coordination Midday tomorrow (Thursday) works for me. Please confirm with everyone and let me know. ----- Original Message ----- From: Anne Cotter <acotter@arquitectonica.com> To: Anthony Tzamtzis; Jeff Scott <jscott@secenters.com> Cc: Ivan Heredia; Agusto Garcia <agarcia@arquitectonica.com>; Christopher Reiter <creiter@arquitectonica.com> Sent: Wed Aug 02 17:16:15 2006 Subject: RE: The Venture FF Building Demolition coordination I have a meeting lOam Friday in Miami so Friday morning doesn't work well for me. I could meet either early Thursday morning on my way up to Ft. Lauderdale or more midday on my way back (midday is preferr~d). Also, I'll be out Monday, Tuesday and Wednesday next week so please keep that in mind when scheduling with Joanne. -She has been out sick all this week (and expects to be out the rest of the week) so she might not be able to meet early in the week anyway--I guess you won't get a response from her until next week. Anne Cotter, AlA Vice President ARQUITECTONICA 801 Brickell Avenue Suite 1100 Miami . Florida 33131 USA T 305.372.1812 F 305.372.1175 acotter@arquitectonica.com 1 www.arquitectonica.com -----Original Message----- From: Anthony Tzamtzis [mailto:Anthonyt@RELATEDGROUP.COM] Sent: Wednesday, August 02, 2006 4:11 PM To: Anne Cotter; Jeff Scott Cc: Ivan Heredia Subject: The Venture - FF Building Demolition coordination Anne and Jeff, We would like to have ,9 meeting with you both to review and discuss the proposed plans regarding demolition of Building FF and what else needs to be done (e.g. roads, parking, landscaping, pedestrian 'walks, relationship with existing building, etc.) to fulfill our obligation under this p~l~se. Time will be soon running short for this and we need to define the scope of work. have plans prepared, obtain permits and bids, etc. Could we meet this Friday am here at the Venture? Please let me know of your availability. Thanks, Tony ANTHONY E. TZAMTZIS, AIA Field Architect-Senior Project Manager THE RELATED GROUP Tel. 305 466-5773 Fax 305 466-2479 Cell: 305 389-9009 2 Anthony Tzamtzis From: Sent: To: Cc: Subject: Attachments: Anne Cotter [acotter@arquitectonica.com] We:::lnesday, August 02, 20066:07 PM Jeff ;:,,>cott; Anthony Tzamtzis; Ivan Heredia Agusto Garcia; Christopher Reiter; Marc Boucher RE: The Venture - FF Building Demolition coordination ? _AO,0.03.pdf -'.,.,.: (g P _AO.O.03.pdf The plan that the city approved has FF replaced by additional on-grade parking, additional road and additional pedestrian paving in front of the other (untouched) Loehman retail buildings. Please refer to the attached site plan. Anne Cotter, AlA Vice President ARQUITECTONICA 801 Brickell Avenue Suit~ 1100 Miami . Florida 33131 USA T 305.372.1812 F 305.372.1175 acotter@arquitectonica.com www.arquitectonica.com -----Original Message----- From: Jeff Scott [mailto:jscott@secenters.com] Sent: Wednesday, August 02, 2006 5:05 PM To: Anthony Tzamtzis; Ivan Heredia; Anne Cotter Cc: Agusto Garcia; Christopher Reiter; Marc Boucher Subject: RE: The Venture - FF Building Demolition coordination FYI- I just got off the phone with Marc Boucher. He confirms that it his understanding from Prudential that wh~n Related demolishes building FF, it should be replaced with parking. Until a master ,plan is implicated, it can be considered temporary parking. -----Original Message---''::'..,. From: Anthony Tzamtzis [mailto:Anthonyt@RELATEDGROUP.COM] Sent: Wednesday, Augus~ 02, 2006 5:44 PM To: Ivan Heredia; acotter@arquitectonica.com; Jeff Scott Cc: agarcia@arquitectonica.com; creiter@arquitectonica.com Subject: RE: The Venture - FF Suilding Demolition coordination Ivan, I just spoke to Jeff Scott. He is not ready to meet with us until he has a chance to discuss this matter with his people sometime towards the end of next week. I would suggest that we meet with Anne tomorrow am and then meet with Jeff separately. If you are in agreement please reply asking Anne to attend the meeting tomorrow. If not, we will need to reschedule it around Jeff's availability late next week. Thanks, Tony 1 ANTHONY E. TZAMTZIS, AlA Field Architect-Senior Project Banager THE RELATED GROUP Tel. 305 466-5773 Fax 305 466-2479 Cell: 305 389-9009 -----Original Message----- From: Ivan Heredia Sent: Wednesday, August 02, 2006 5:19 PM To: 'acotter@arquitectonica.com'i Anthony Tzamtzisi 'jscott@secenters.com' Cc: 'agarcia@arqui tectqrdca . com' i ' crei ter@arqui tectonica. com' Subject: Re: The Venture - FF Building Demolition coordination Midday tomorrow (Thursday) works for me. Please confirm with everyone and let me know. ----- Original Message' ----- From: Anne Cotter <acotter@arquitectonica.com> To: Anthony Tzamtzisi Jeff Scott <jscott@secenters.com> Cc: Ivan Herediai Agusto Garcia <agarcia@arquitectonica.com>i Christopher Reiter <creiter@arquitectonica.com> Sent: Wed Aug 02 17:16:15 2006 Subject: RE: The Venture FF Building Demolition coordination I have a meeting lOam Friday in Miami so Friday morning doesn't work well for me. I could meet either early Thursday morning on my way up to Ft. Lauderdale or more midday on my way back (midday is preferred) . Also, I'll be out Mond3Y, Tuesday and Wednesday next week so please keep that in mind when scheduling with Joanne. She has been out sick all this week (and expects to be out the rest of the week) so sh~ might not be able to meet early in the week anyway--r guess you won't get a response f:t:)m her until next week. Anne Cotter, AlA Vice President ARQUITECTONICA 801 Brickell Avenue Suite 1100 Miami . Florida 33131 USA T 305.372 .1812 F 305.372.1175 acotter@arquitectonica.com www.arquitectonica.com -----Original Message----- From: Anthony TzamtzisC,[mailto:Anthonyt@RELATEDGROUP.COM] Sent: Wednesday, August, 02, 2006 4:11 PM To: Anne Cotteri Jeff S~ott Cc: Ivan Heredia Subject: The Venture - F~ Building Demolition coordination Anne and Jeff, We would like to have a meeting with you both to review and discuss the proposed plans regarding demolition of Building FF and what else needs to be done (e.g. roads, parking, landscaping, pedestrian walks, relationship with existing building, etc.) to fulfill our obligation under this phase. Time will be soon running short for this and we need to define the scope of work, have plans prepared, obtain permits and bids, etc. Could we meet this Friday am here at the Venture? Please let me know of your availability. 2 Thanks, Tony ANTHONY E. TZAMTZIS, AIA Field Architect-Senior Project Manager THE RELATED GROUP Tel. 305 466-5773 Fax 305 466-2479 Cell: 305 389-9009 3 Anthony Tzamtzis From: Sent: To: Cc: Subject: SchulmanC@gtlaw.com Sunday, August 06, 2006 1 :07 PM Anthony Tzamtzis Garcia-SerraM@gtlaw.com RE: The Venture - FF Building demolition coordination meeting Do you want one of us to attend? Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we .itform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. To reply to our email administrator directly, please send an email topostmaster@gtlaw.com. From: Anthony Tzamtzis ,f:mailto:Anthonyt@RELATEDGROUP.COM] Sent: Wednesday, August 02, 2006 5:12 PM To: carrj@cityofaventuras~om Cc: Ivan Heredia; Anne Cotter; Schulman, Clifford (Shld-Mia-Env) Subject: The Venture - FF Building demolition coordination meeting Hello Joanne, We would like to meet with you to discuss the demolition of building FF at Loehmann's Plaza and incidental work associated with that. Could you please let me know of your availability early next week? Thanks, Tony ANTHONY E. TZAMTZIS, AlA Field Architect-Senior Project Manager THE RELATED GROUP Tel. 305 466-5773 Fax 305 466-2479 Cell: 305 389-9009 1 Anthony Tzamtzis From: Sent: To: Cc: Subject: Anthony Tzamtzis Monday, August 07,20069:07 AM SchL!manC@gtlaw.com Garcia-SerraM@gtlaw.com; Ivan Heredia RE: The Venture - FF Building demolition coordination meeting Yes, definitely, this matter is quite important as the exact scope of work may become an issue with the City and/or with our partners. I have not heard from Joanne yet as to her availabili ty. Tony ANTHONY E. TZAMTZIS, AlA Field Architect-Senior Project Manager THE RELATED GROUP Tel. 305 466-5773 Fax 305 466-2479 Cell: 305 389-9009 -----Original Message-- ......- From: SchulmanC@gtlaw.col~ [mailto:SchulmanC@gtlaw.com] Sent: Sunday, August 06, 2006 1:07 PM To: Anthony Tzamtzis Cc: Garcia-SerraM@gtlaw.com Subject: RE: The Venture - FF Building demolition coordination meeting Do you want one of us to attend? Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. The information cc~t~ined in this transmission may contain privileged and confidential information It is intended only for the use of the person(s) named above. If you are not the inte~Ged recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the int,ended recipient, please contact the sender by reply email and destroy all copies of the original message. To reply to our email administrator directly, please send an email to postmaster@gtlaw.com. From: Anthony Tzamtzis [mailto:Anthonyt@RELATEDGROUP.COM] Sent: Wednesday, August 02, 2006 5:12 PM To: carrj@cityofaventura.com Cc: Ivan Heredia; Anne Cotter; Schulman, Clifford (Shld-Mia-Env) Subject: The Venture - FF Building demolition coordination meeting Hello Joanne, We would like to meet with you to discuss the demolition of building FF at Loehmann's Plaza and incidental w0X'k associated with that. Could you please let me know of your availability early next Meek? 1 Thanks, Tony ANTHONY E. TZAMTZIS, AIA Field Architect-Senior Project Manager THE RELATED GROUP Tel. 305 466-5773 Fax 305 466-2479 Cell: 305 389-9009 2 Anthony Tzamtzis From: Sent: To: Cc: Subject: Anthony Tzamtzis Monday, August 07,200610:10 AM SchulmanC@gtlaw.com; Ivan Heredia 'carrj@cityofaventura.com' RiS: The Venture - FF Building demolition coordination meeting Cliff/Ivan: Please let me know what :ime and day would be convenient for you based on Joanne's schedule listed below. Thanks, Tony ANTHONY E. TZAMTZIS, AlA Field Architect-Senior Project Manager THE RELATED GROUP Tel. 305 466-5773 Fax 305 466-2479 Cell: 305 389-9009 -----Original Message----- From: Joanne Carr [mailto:CarrJ@cityofaventura.com] Sent: Monday, August 07, 2006 9:56 AM To: Anthony Tzamtzis Subject: RE: The Venture - FF Building demolition coordination meeting Hi Tony - Anytime on tIp 9th or in the afternoon of the 10th is available. Joanne Carr, AICP Planning Director City of Aventura 19200 West Country Club Drive Aventura, FL 33180 (305) 466-8940 -----Original Message----- From: Anthony Tzamtzis [mailto:Anthonyt@RELATEDGROUP.COM] Sent: Wednesday, August 02, 2006 5:12 PM To: Joanne Carr Cc: Ivan Heredia; Anne Cotter; SchulmanC@gtlaw.com Subject: The Venture - FF Building demolition coordination meeting Hello Joanne, We would like to meet with you to discuss the demolition of building FF at Loehmann's Plaza and incidental WQik associated with that. Could you please let me know of your availability early next waek? Thanks, Tony ANTHONY E. TZAMTZIS, AlA Field Architect-Senior Project Manager THE RELATED GROUP Tel. 305 466-5773 Fax 305 466-2479 Cell: 305 389-9009 1 Anthony Tzamtzis From: Sent: To: Cc: Subject: Anthony Tzamtzis Monday, August 07,200612:32 PM Joanne Carr Ivan Heredia; acotter@arqmia.com; SchulmanC@gtlaw.com; WhiteK@gtlaw.com Rt: The Venture - FF Building demolition coordination meeting Joanne, Thursday August 10th at ~:30 PM at your office works out best for Cliff, Ivan, and myself. Please confirm. Than ks, Tony ANTHONY E. TZAMTZIS, AlA Field Architect-Senior Project Manager THE RELATED GROUP Tel. 305 466-5773 Fax 305 466-2479 Cell: 305 389-9009 -----Original Message----- From: Joanne Carr [mailto:CarrJ@cityofaventura.com] Sent: Monday, August 07, 2006 9:56 AM To: Anthony Tzamtzis Subject: RE: The VenturE: - FF Building demolition coordination meeting Hi Tony - Anytime on the 9th or in the afternoon of the 10th is available. Joanne Carr, AICP Planning Director City of Aventura 19200 West Country Club Drive Aventura, FL 33180 (305) 466-8940 -----Original Message----- From: Anthony Tzamtzis [mailto:Anthonyt@RELATEDGROUP.COM] Sent: Wednesday, August 02, 2006 5:12 PM To: Joanne Carr Cc: Ivan Heredia; Anne Cotter; SchulmanC@gtlaw.com Subject: The Venture - FF Building demolition coordination meeting Hello Joanne, We would like to meet wi:h you to discuss the demolition of building FF at Loehmann's Plaza and incidental worF.:.associated with that. Could you please let me know of your availability early next week? Thanks, Tony ANTHONY E. TZAMTZIS, AIA Field Architect-Senior Project Manager THE RELATED GROUP Tel. 305 466-5773 Fax 305 466-2479 Cell: 305 389-9009 1 Anthony Tzamtzis From: Sent: To: Subject: Joanne Carr [CarrJ@cityofaventura.com] Monday, August 07,20061:40 PM Anthony Tzamtzis RE: The Venture - FF Building demolition coordination meeting Tony - 3:30 on AugustaO it is. See you then Joanne Carr, AICP Planning Director City of Aventura 19200 West Country Club Drive Aventura, FL 33180 (305) 466-8940 -----Original Message----- From: Anthony Tzamtzis [mailto:Anthonyt@RELATEDGROUP.COM] Sent: Monday, August 07, 2006 12:32 PM To: Joanne Carr Cc: Ivan Heredia; acotter@arqmia.com; SChulmanC@gtlaw.com; WhiteK@gtlaw.com Subject: RE: The Venture - FF Building demolition coordination meeting Joanne, Thursday August 10th at 3:30 PM at your office works out best for Cliff, Ivan, and myself. Please confirm. Thanks, Tony ANTHONY E. TZAMTZIS, AlA Field Architect-Senior Project Manager THE RELATED GROUP Tel. 305 466-5773 Fax 305 466-2479 Cell: 305 389-9009 -----Original Message----- From: Joanne Carr [mailto:CarrJ@cityofaventura.com] Sent: Monday, August 07, 2006 9:56 AM To: Anthony Tzamtzis Subject: RE: The Venture - FF Building demolition coordination meeting Hi Tony - Anytime on the 9th or in the afternoon of the 10th is available. Joanne Carr, AICP Planning Director City of Aventura 19200 West Country Aventura, FL 33180 (305) 466-8940 Club'.Dri ve -----Original Message~---- From: Anthony Tzamtzis [mailto:Anthonyt@RELATEDGROUP.COM] Sent: Wednesday, August 02, 2006 5:12 PM To: Joanne Carr Cc: Ivan Heredia; Anne Cotter; SchulmanC@gtlaw.com Subject: The Venture - FF Buildlng demolition coordination meeting Hello Joanne, 1 We would like to meet wi~h you to discuss the demolition of building FF at Loehmann's Plaza and incidental work associated with that. Could you please let me know of your availability early next week? Thanks, Tony ANTHONY E. TZAMTZlS, AlA Field Architect-Senior Project Manager THE RELATED GROUP Tel. 305 466-5773 Fax 305 466-2479 Cell: 305 389-9009 2 Anthony Tzamtzis From: Sent: To: Cc: Subject: Anthony Tzamtzis Mc,nday, August 07, 2006 1 :48 PM Ivan Heredia; WhiteK@gtlaw.com; SchulmanC@gtlaw.com; Anne Cotter Joaitle Carr RE: The Venture - FF Building demolition coordination meeting Our meeting with Joanne Carr for coordination of Building FF demolition has been confirmed for this Thursday Aug. 10th at 3:30 pm at Joanne's office. Thanks, Tony ANTHONY E. TZAMTZIS, AlA Field Architect-Senior Project Manager THE RELATED GROUP Tel. 305 466-5773 Fax 305 466-2479 Cell: 305 389-9009 -----Original Message----- From: Joanne Carr (mailt0:CarrJ@cityofaventura.com] Sent: Monday, August 07, 2006 1:40 PM To: Anthony Tzamtzis Subject: RE: The Venture - FF Building demolition coordination meeting Tony - 3:30 on August 10 it is. See you then Joanne Carr, AICP Planning Director City of Aventura 19200 West Country Club Drive Aventura, FL 33180 (305) 466-8940 -----Original Message----- From: Anthony Tzamtzis [mailto:Anthonyt@RELATEDGROUP.COM] Sent: Monday, August 07, 2006 12:32 PM To: Joanne Carr . Cc: Ivan Heredia; acott::x@arqmia.com; SchulmanC@gtlaw.com; WhiteK@gtlaw.com Subject: RE: The Venture,- FF Building demolition coordination meeting Joanne, Thursday August 10th at 3:30 PM at your office works out best for Cliff, Ivan, and myself. Please confirm. Thanks, Tony ANTHONY E. TZAMTZIS, AlA Field Architect-Senior Project Manager THE RELATED GROUP Tel. 305 466-5773 Fax 305 466-2479 Cell: 305 389-9009 -----Original Message--~-- From: Joanne Carr [mail~o:CarrJ@cityofaventura.com) 1 Sent:. Monday, August 07, 2006 9:56 AM To: Anthony Tzamtzis Subject: RE: The Venture - FF Building demolition coordination meeting Hi Tony - Anytime on the 9th or in the afternoon of the 10th is available. Joanne Carr, AICP Planning Director City of Aventura 19200 West Country Club Drive Aventura, FL 33180 (305) 466-8940 -----Original Message----- From: Anthony Tzamtzis [mailto:Anthonyt@RELATEDGROUP.COM] Sent: Wednesday, August 02, 2006 5:12 PM To: Joanne Carr Cc: Ivan Heredia; Anne .C0tter; SchulmanC@gtlaw.com Subject: The Venture - FF Building demolition coordination meeting Hello Joanne, We would like to meet with you to discuss the demolition of building FF at Loehmann's Plaza and incidental work associated with that. Could you please let me know of your availability early next week? Thanks, Tony ANTHONY E. TZAMTZlS, AlA Field Architect-Senior Project Manager THE RELATED GROUP Tel. 305 466-5773 Fax 305 466-2479 Cell: 305 389-9009 2 Anthony Tzamtzis From: Sent: To: Subject: Joanne Carr [CarrJ@cityofaventura.com] Tuesday, January 23, 2007 3:44 PM Anthony Tzamtzis RE: The Venture - Bldg FF demo and retail parking Hi Tony - I have found the plans today in the zoning review office. They are as we had discu~sed and I have no zoning concerns, however, as well as permit approval, I need to do a separate zoning approval (site plan revision)for our planning files. Please provide two extra sets of these plans for my files. It is an administrative process and I can start the process now using the permit plans as a guide, but need the extra 2 sets of plans to finish my planning file. In the meantime, I will forward the permit set to landscaping for review and then by the time they are back from landscaping, I will have my report ready and can sign off for zoning. Joanne Carr, AICP Planning Director City of Aventura 19200 West Country Club Drive Aventura, FL 33180 (305) 466-8940 -----Original Message-~--- From: Anthony Tzamtzis [mailto:Anthonyt@RELATEDGROUP.COM] Sent: Tuesday, January 23, 2007 3:13 PM To: Joanne Carr . Cc: Ivan Heredia Subject: The Venture - Bidg FF demo and retail parking Hi Joanne, I spoke to Donna today who assisted me in finding out about the status of our permit application for Build~ng FF demolition and the retail parking project at The Venture. Subsequently, I received a call from Ann at the Building Department who told me that the plans (process #07-917) were approved by Plumbing and Building and are now at Zoning, the same information I already had by stopping by at the City last Friday. Today, I also checked the status on line where it shows approval by Plumbing only on January 4, 2007 We submitted these plans on January 2, 2007 some 3 weeks ago. Is there anything you can do to assist me with expediting the permit process of these plans? As you know, this project is required per site plan conditions and there are time constraints involved. The plans were approved by Miami-Dade Fire Department and we already have DERM asbestos demolition approval. Please let me know. Thanks, Tony 1 Anthony Tzamtzis From: Sent: To: Subject: Joanne Carr [CarrJ@cityofaventura.com] Tue~;~ay, January 23,20074:14 PM Anthony Tzamtzis RE: The Venture - Bldg FF demo and retail parking Yes please Joanne Carr, AICP Planning Director City of Aventura 19200 West Country Club Drive Aventura, FL 33180 (305) 466-8940 -----Original Message----- From: Anthony Tzamtzi~ [mailto:Anthonyt@RELATEDGROUP.COM] Sent: Tuesday, January 23, 2007 4:17 PM To: Joanne Carr Cc: Ivan Heredia Subject: RE: The Venture;- Bldg FF demo and retail parking Hi Joanne, Thank you for your email. Do these two additional sets need to be signed and sealed also? Thanks, Tony -----Original Message----- From: Joanne Carr [mailto:CarrJ@cityofaventura.com] Sent: Tuesday, January 23, 2007 3:44 PM To: Anthony Tzamtzis Subject: RE: The Venture - Bldg FF demo and retail parking Hi Tony - I have found the plans today in the zoning review office. They are as we had discussed and I have no zoning concerns, however, as well as permit approval, I need to do a separate zoning approval (site plan revision) for our planning files. Please provid~two extra sets of these plans for my files. It is an administrative process and I can start the process now using the permit plans as a guide, but need the extra 2 sets of plans to finish my planning file. In the meantime, I will forward the permit set .C0 landscaping for review and then by the time they are back from landscaping, I will haves.my report ready and can sign off for zoning. Joanne Carr, AICP Planning Director City of Aventura 19200 West Country Club Drive Aventura, FL 33180 (305) 466-8940 -----Original Message----- From: Anthony Tzamtzis [mailto:Anthonyt@RELATEDGROUP.COM] Sent: Tuesday, January 23, 2007 3:13 PM To: Joanne Carr Cc: Ivan Heredia Subject: The Venture - Bldg FF demo and retail parking Hi Joanne, I spoke to Donna today who assisted me in finding out about the status of our permit application for Buildirq FF demolition and the retail parking project at The Venture. Subsequently, I received,a call from Ann at the Building Department who told me that the 1 plans (process #07-917) were apFroved by Plumbing and Building and are now at Zoning, the same information I already had by stopping by at the City last Friday. Today, I also checked the status on line where it shows approval by Plumbing only on January 4, 2007 We submitted these plans on January 2, 2007 some 3 weeks ago. Is there anything you can do to assist me with expediting the permit process of these plans? As you know, this project is required per site plan conditions and there are time constraints involved. The plans were approved by Miami'""Dade Fire Department and we already have DERM asbestos demolition approval. Please let me know. Thanks, Tony 2 Anthony Tzamtzis From: Sent: To: Cc: Subject: Jeff Scott Uscott@secenters.com] Tuesday, October 10. 2006 1 :34 PM Bob Graf; Robert Valle Anthony Tzamtzis FW: The Venture - New site plan/demolition We do not have the exist:+ng record drawings for building JJ. Related needs info on the existing retail site liq~ting electric panel so they can tie in additional site lighting for the new parking lot lighting to be installed when building FF is demolished. I believe you still have these plans. Please confirm and let Tony from Related know. Also, Tony needs access to the electric room where the site lighting is located. -----Original Message----- From: Anthony Tzamtzis [mailto:Pnthonyt@RELATEDGROUP.COM] Sent: Tuesday, October 10, 2006 10:53 AM To: Jeff Scott Cc: Ivan Heredia; ernestot@fesinc.biz; rvalle@secenters.com Subject: The Venture - New site plan/demolition Jeff, Per my telephone message, we urgently need copies of the existing electrical plans for Building JJ (immediate~y to the west of Building FF), and access to the electrical rooms at the NE corner of this building. This information is needed by the electrical engineer to connect the new park~ng lot lights. Please call me with this,information. If possible, we would like to inspect the electrical rooms this Thursday mornl~g. Could Robert Valle meet me at the site on Thursday sometime around noon or so? Thanks, Tony ANTHONY E. TZAMTZIS, AIA Field Architect-Senior Project Manager THE RELATED GROUP Tel. 305 460-9900 Fax 305 445-1834 Cell: 305 389-9009 1 ~; Anthony Tzamtzis From: Sent: To: Cc: Subject: Attachments: ~ Anthony Tzamtzis Thursday, September 07,20065:21 PM Jeff Scott Ivan Heredia The Venture - Demolition FF and Site Plan ARQ Proposal-2006-09-06.pdf; Civil Engineering proposaf.pdf; Modified Site Plan Sketch.pdf ...... Jg ARQ Civil Engineering Modified Site Plan )posal-2006-o9-06.~ proposal.pdf... Sketch.pdf Jeff, Per our telephone convBrsation the other day, I have received the attached two quotes for the Architectural and Civil Engineering Professional services components for the final work phase at The Ventuie consisting of Demolition of Building FF and Final Site Plan, as requested by the City OJ: Aventura. Please note the following: 1. We still need Electrical Engineering services (lighting of the new parking area) and Landscape Architecture (landscaping the resulting areas). We are expecting quotes from FES for Electrical and the Curtis and Rogers Design Studio for Landscape Architecture. 2. The attached Civil Engineering quote will most likely be higher than what quoted due to unforeseen conditions (drainage) since some services will be rendered on an hourly basis. 3. We need a survey of the area. (Our survey does not show the entire FF Building or the limits of Buildings NN and 00 needed for this project). Fortin Leavy Skiles have quoted about $1,000 for this survey of your property. 4. Also attached is a sketch that we prepared for discussion purposes with Joanne Carr of the City of Aventura. Joanne has agreed with this sketch pending an official submittal. All professional services proposals are based on this sketch. Jeff, this is as far as we can go for now, you need to let us know how you suggest to proceed from this poin(:on. The professional services contracts need to be addressed to Prudential/Turnberry-TR~Regina Square. If you wish to have different professionals quote on this work please do s~. As I told you, we have also received two quotes for the demolition of your Bui10~llg FF and we are ready to proceed with that task as you may direct us. Time is of the essenc~, please let me know. Regards, Tony ANTHONY E. TZAMTZlS, AlA Field Architect-Senior Project THE RELATED GROUP Tel. 305 466-5773 Fax 305 466-2479 Cell: 305 389-9009 Manager 1 Anthony Tzamtzis From: Sent: To: Cc: Subject: saverio.moliterno@prudential.com Monday, September 11, 2006 6:22 PM Anthony Tzamtzis Ivan Heredia; Jeff Scott; mboucher@secenters.com; Roberto Rocha R,~: The Venture - Demolition of FF and new site plan Attachments: A-1/)O option 1-B.pdf; Modified Site Plan Sketch.pdf; ARQ Proposal-2006-09-06.pdf; Civil En~jneering proposal.pdf ......,... ~ ~........... ~ 11 A-lOO option Modified Site Plan ARQ Civil Engineering 1-B.pdf Sketch.pdf )posal-2006-09-06.~ proposal.pdf... Thanks Tony. I will review the attached materials Wednesday. I will be out of the office tomorrow. -Savi "Anthony Tzamtzis" <Anthonyt@R'::LATED GROUP. COM> To <saverio.moliterno@prudential.com> cc "Jeff Scott" <jscott@secenters.com>, "Ivan Heredia" <iheredia@RELATEDGROUP.COM>, "Roberto Rocha" <rrocha@RELATEDGROUP.COM>, <mboucher@secenters.com> Mon 09/11/2006 05:10 PM Subject The Venture - Demolition of FF and new site plan Mr. Moliterno, Ivan and I are sending the attached documents for your review. We would like to meet with Jeff Scott in person to discuss this and to together conference call you. The attached documents include: 1. Copy of Plan A-IOO Option 1-B on file at the City of Aventura. Our Site Plan Conditions with the City of Aventura are based on this plan. 2. Modified Sketch of the above plan already discussed with and accepted by the City of Aventura, subject to final submittal. 1 3. Proposal for Architectural services for this work. 4. Proposal for Civil Engineering services for this work. Please let me know if you have any questions or need any additional information. Regards, Tony ANTHONY E. TZAMTZlS, AlA Field Architect-Senior Project Manager THE RELATED GROUP Tel. 305 466-5773 Fax 305 466-2479 Cell: 305 389-9009 (See attached file: A-100 option I-B.pdf) (See attached file: Modified Site Plan Sketch.pdf) (See attached file: ARQ Proposal-2006-09-06.pdf) (See attached file: Civil Engineering proposal.pd~) " ~ 2 Anthony Tzamtzis From: Sent: To: Cc: Subject: Jeff Scott Uscott@secenters.com] Tuesday, September 12, 2006 8:30 AM saverio.moliterno@prudential.com; Anthony Tzamtzis Ivan Heredia; mboucher@secenters.com; Roberto Rocha RE: The Venture - Demolition of FF and new site plan I have reviewed the proposed site plan with Marc, it looks good to us. Also the proposals fromARQ and Fortin Leavy and Skiles are ok. We recommend going forward with the proposed plan. -----Original Message---~- From: saverio.moliterno@prudential.com [mailto:saverio.moliterno@prudential.com] Sent: Monday, September 11, 2006 6:22 PM To: Anthony Tzamtzis Cc: Ivan Heredia; Jeff Scotti hIDoucher@secenters.comi Roberto Rocha Subject: Re: The Venture - Demolition of FF and new site plan Thanks Tony. I will review the attached materials Wednesday. I will be out of the office tomorrow.. -Savi "Anthony Tzamtzis" <Anthonyt@RELATED To GROUP. COM> <saverio.moliterno@prudential.com> cc "Jeff Scott" Mon 09/11/2006 <jscott@secenters.com>, "Ivan 05:10 PM Heredia" <iheredia@RELATEDGROUP.COM>, . .~. "Roberto Rocha" <rrocha@RELATEDGROUP.COM>, <mboucher@secenters.com> Subject The Venture - Demolition of FF and new site plan 1 Mr. Moliterno, Ivan and I are sending the attached documents for your review. We would like to meet ~ith Jeff Scott in person to discuss this and to together conference call you. The attached documents j.:lclude: 1. Copy of Plan A-lOa Option 1-B on file at the City of Aventura. Our Site Plan Conditions with the City of Aventura are based on this plan. 2. Modified Sketch of the above plan already discussed with and accepted by the City of Aventura, subject to final submittal. 3. Proposal for Architectural services for this work. 4. Proposal for Civil Engineering services for this work. Please let me know if you have any questions or need any additional information. Regards, Tony ANTHONY E. TZAMTZlS, AlA Field Architect-Senior~Project Manager THE RELATED GROUP . Tel. 305 466-5773 Fax 305 466-2479 Cell: 305 389-9009 (See attached file: A-IOO option I-B.pdf) (See attached file: Modified Site Plan Sketch.pdf) (See attached file: ARQ Proposal-2006-09-06.pdf) (See attached file: Civil Engineering proposal.pdf) 2 r----- ~ffr 0"" I ~ C\I l~ '~ 0: '~ '"1i .~ - o ~, -+ o ~lI!:!' -~ :.It' .... L.... ,_ '.~ . ___h ~ __.____~_.___._ __._ ~_".'__ ___~~~_ ~ _ _ ~ _._ ._ _. ',~ ",_ :L ; \~ ~ ..~ -- L-. .(..- i ~ i i.. .' j . ~ 1 '. I . J I 1 j i 1 1 '1 , ! I I '1 , I I i , k>-. .. ~~..l!: '. . '~ ~~ '. 0. . . "Z:- '.. S r ~--! ,. L::l ,~ ~ ~:: : 2' ~ ..;J. b~ ~i \ I I I:i3 RELATED September 5, 2006 Via DHL # 17712415350 Mr. Robert Graf SEC COMMERCIAL 7050 West Palmetto Park Road. #51 Boca Raton, FL 33433 Re: THE VENTURE at Aventura Store # 660 at Loehmann's Shopping Center Enclosed please find the unit keys for space # 660 at the Loehmanns Shopping Center physically identified as 18769 Biscayne Blvd. If there is anything additional you need, please do not hesitate to contact us immediately. Sincerely, TRG REGINA SQUARE LTD. CIO THE RELATED GROUP AVV7 JlueJ~fL/tW Ivan I. Heredia Vice President IH/as:. Cc: Roberto Rocha, The Related Group Jorge Sanchez, The Related Group Tony Tzamtzis, The Related Group Jeff Scott, SEe Commercial Realty THE RELATED GROUP 315 S. Slscayne Blvd.. Miami. Florida 33131 T 305 460 9900 F 305 460 991 1 www.relatedgroup.com SOUTHEAST CENTeRS, LlC 1541 SUNSETORIVE GORAL GABLES. FLORIOA 33143 lCLEPHQNE (3OS) 666-2140 FAX (305) 667.1566 I - -TV' {2.rv '{)vetl or f"evv jP/H r; ) IV j+e cA-d- ft SOUTHEAST .""?: CENTERS, LLC October 16,2006 Mr. Ronnie Cohen EN VOGUE 18761 Biscayne Blvd. A ventura, Florida 33180 Dear Mr. Cohen: . Loehmann's Fashion Island En Vogue - Bay #7-8 Turn over letter I spoke to your Architect on Thursday October 12,2006 at which time he informed me he had received his permit. This letter shall confirm our tlJm over of the above mentioned space to you on Monday October 15, 2006. I will be on site Monday morning at which time I would like to turn over the space to you. I will also turn over the keys to the space so that your contractor can commence work in the space. Should you have any questions, please do not hesitate to call. Sincerely, SOVTJIEAST CENTERS ......~ u._,_.....,.._.. ~._._... - --. --.-' ,........".. F~WOIU(.\CONS!R~'s Venture RclailllOl406lU/llovcr lettuboy7-8lJOC Page 1 ofl I I I I I I I I I I I I I I I I I I I ASBESTOS DEMOLITION SURVEY l Jf'!~ ., Information ~..". .Ib Build On Engineering. Consulting. Testing THE VENTURE BUILDING "FF" 18753 TO 18769 BISCAYNE BOULEVARD AVENTURA, FLORIDA Prepared For TRG REGINA SQUARE, LTD. '315 SOUTH BISCAYNE BOULEVARD MIAMI, FLORIDA 33131 Prepared By PROFESSIONAL SERVICE INDUSTRIES, INC. 7950 NW 64TH STREET MIAMI, FLORIDA 33166 PSI PROJECT NUMBER: 865-6E178 NOVEMBER 13, 2006 I I I I I I I I I I I I I I I I I I I l'"J!:;l Information ~~. .ToBuild On ~. ColI....... ~ November 13, 2006 TRG Regina Square, Ltd. 315 South Biscayne Boulevard Miami, Florida 33131 Attn.: Mr. Anthony Tzamtzis Senior Project Manager Re: Asbestos Demolition Survey The Venture Building "FP' 18753-18769 Biscayne Boulevard Aventura, Florida i PSI Project Number 865-6E178 Dear Mr. Tzamtzis: Enclosed herewith please find one (1) copy of the above-referenced Asbestos Demolition Survey. After your review, if you have any questions or concerns, please do not hesitate to contact Mr. Steve Crotty at (305) 471-7721, extension 26. Professional Service Industries, Inc. appreciates the opportunity to work with TRG Regina Square, Ltd. on this project. We look forward to working with you again in the future. Respectfully submitted, Professional Service Industries, Inc. G~oL1 ~ ~~F.~L T~O;~~ F. caugh~;7 Florida Licensed Asbestos Consultant License No. IA-0000016 Project Manager GRPfTFC Enclosures Professional Service Industries, Inc.. 7950 N.W. 64 Street. Miami, FL33166. 305I471-n21 . Fax 305/593-1915 L(lwta..:> ,\')\ \~L( _ FIRE ENGINEERING & WATER SUPPL Y BUREAU 11805 S.W. 26 STREET, MIAMI, FL. 33175-2474 TELEPHONE (786) 315-2771 EMAIL rgonza@miamidade.gov LIFE SAFETY DISAPPROVAL COMMENTS DATE: NOVEMBER 16, 2006 ~ REVIEW BY: RICK GONZALEZ t BLDG. DEPT. A VENTURA FIRE DEPT. # 06350-14713 NAME OF PROJECT: REDEVELOPMENT OF LOEHMANN'S PLAZA ADDRESS: 18753 - 18769 BISCA YNE BLVD A VENTURA, FLORIDA .,z~ rv.-5(' 6 ~ )&\ s- '2 \00 -+ h'cC;)A.:\ ~C:\\VWr:. RiY'erd 1. PROVIDE PAID IMPACT FEES / 2. EXISTING FIRE HYDRANT THAT IS BEING RELOCATED AS SHOWN IN PAVING & DRAINAGE PLANS, REQUIRES A WATER MAIN PLAN APPROVED BY THE FIRE DEPARTMENT UNDER A SEPARATE PERMIT 3. INDICATE THE DISTANCE BETWEEN THE RELOCATED FIRE DEPARTMENT CONNECTIONS AND THE CLOSEST FIRE HYDRANT - MAX 150 FEET REQUIRED - SHEET A.IOO 4. INDICATE WHICH BUILDING DO THESE FIRE DEPARTMENT CONNECTIONS SERVE 5. INDICATE THE WCATION OF THE POST INDICATOR VALVES FOR THE SPRINKLER SYSTEM 6. PROVIDE NEW ROADWAY AND DRlVEW A Y DIMENSIONS - MINIMUM WIDTH REQUIRED FOR FIRE DEPARTMENT EMERGENCY VEHICLE ACCESS IS 20 FEET 7. PROVIDE RESPONSE SHEET ADDRESSING EACH OF THE COMMENTS AND INDICATE THE SHEET WHERE CORRECTION IS TO BE FOUND * ALL CODE REFERENCES MENTIONED IN THESE COMMENTS ARE FROM FFPCINFP A, FLORIDA FIRE PREVENTION CODE AND NFPA 101 LIFE SAFETY CODE, UNLESS OTHERWISE NOTED.. * PROVIDE NEW SHEETS WITH ALL CORRECTIONS AND CHANGES IDGHLIGHTED OR CLOUDED. * RETURN VOIDED SHEETS WITH FIRE DEPT. STAMPS FOR COMPARISON, OR FULL REVIEW FEE WILL BE ASSESSED * COORDINATE ALL CORRECTIONS & CHANGES THROUGHOUT THE ENTIRE SET OF PLANS. * PROVIDE ALL INFORMATION ON THE PLANS * DROP OFF FOR REWORK THE RELATED GROUP 315 S BISCAYNE BOULEVARD MIAMI, FL 33131 (305)460-9900 (305)460-9911 FACSIMILE TRANSMITTAL SHEET TO: RO~ f/\ ~I N COMPANY: ~~G FROM: -roNi ~1z\'-. DATE: ,\\. rz.z . c::co FAX NUMBER: ('.30'9) Gl~\- "1\ 92- PHONE NUMBER: TOTAL NO. OF PAGES INCLUDING COVER: '2 SENDER'S REFERENCE NUMBER: RE: (7~ W ~O(~\V ~~~ERENCENUMBER: ft~ ~. Ca>M~G o URGENT 0 FOR REVIEW o PLEASE COMMENT PLEASE REPLY o PLEASE RECYCLE NOTES/COMMENTS: ~{)~-r} A\\~ ~ \tte ~\\\W\~S e.-? ~ 'A~e ~. -r& fsi:Se .c;u;.CU~~~ f1v~e ~Y\~ frtJ9 c.AU." m-e. M'f ~ \~ ~O ~ \\\"e 'R'e\.J\.S \O'NS ~~i -ra ~(;)-rO l\\t= ~e\J\-e;.,.J~ A1 ~ ~'r?a\ \\f\\'{\ ~ \'!1=.j."1 ~\\U\<&PA<~ NlN, ~o ~ t2CO ~ . ~ THE RELATED GROUP 315 S BISCAYNE BOULEVARD MIAMI, FL 33131 (305)460-9900 (305)460-9911 FACSIMILE TRANSMITTAL SHEET TO: R()~ f?\ ~H~ COMP ANY: f: \... c:.;;. FAX NUMBER: (3t>"9) Glt7\- 1\ 9Z PHONE NUMBER: FROM: -roNi ~~s;., DATE: \\ . 1'2"2 . <:::CD TOTAL NO. OF PAGES INCLUDING COVER: '2 SENDER'S REFERENCE NUMBER: RE: ~l4XO ~ ~O(~\V ~~~ERENCENUMBER: ~ ~. (iDM~G o URGENT 0 FOR REVIEW o PLEASE COMMENT PLEASE REPLY o PLEASE RECYCLE NOTES/COMMENTS: ~~) A\\~ ~ \tte (J2)ti\\Y\~S e>~ ~ 'A~ ~. ~ ~ ~CIJ~~ec> ~e ~Y\~ f'rtJD ~ t\\~. tv\'i ~ \~ ~O ~ ~ \ieW;\ONS ~~i -to ~c;) ~O l\\e= ...R~~~ A\ H;-l J'>R'~\~~~ \'1$:.:"1-\ --i:~~P~~ N5\'. ~O ~ t2CO~ . ~ ~ 'r.; . ;;~IAM. ((OCE.S8 NO :)(:200 7034554 HTHONY 8753 BISCAYNE BLVD IIfN-fURA, rL REVIEN FEE TYPE CODE FIRE F053 FIRE FEE tt/22/200609d7 OE8rVY ~,. MIAMI-DADE ~ . MISCELLANEOUS COUNTY 1'1\ 1 AMI ~-DADE. DEPARTMENT BUILDING H/2C.'G00b . ~il55'1. canAAL REG1S1ER '. QESE.1f'i cl&\lER : 100G112l001'5 i_~ilON i. PERi'll1 ~~~'554 ft.E {)\E '4&7.00 =-~ 10ilt. : '4&1.00 ....-.IN:RED . ====== Ct\E.Ql, I t:J'1.Il- ':::::= '4&7.00 iOiAl : llolIl i0."" '4&1.00 cAANGE. 1 SS\.ltD : C\'\E.Ql, i l S) : ~1S2 10()611220015 NBNZ455X CENTRAJ~ 467#00 RESPONSES TO THE MIAMI-DADE FIRE DEPT. LIFE SAFETY DISAPPROVAL COMMENTS. PROJECT: REDEVELOPMENT OF LOEHMANN'S PLAZA - DEMOLITION OF BUILDING "FF" AND NEW RETAIL PARKING. ADDRESS: 18753-18769 BISCA YNE BLVD., A VENTURA, FL FIRE DEPT. #: 06350-14713 REVIEW DATE: NOVEMBER 16,2006 REVIEW BY: RICK GONZALEZ 1. Provide paid impact fees. Response: Plans were submitted to and reviewed by the Building Section and stamped as exempt of impact fees. 2. Existing fire hydrant that is being relocated as shown in paving and drainage plans, requires a water main plan approved by the Fire Dept. under a separate permit. Response: No existingfire hydrant will be relocated. Plans have been corrected. See revised Civil plan 2 of 4. 3. Indicate the distance between the relocated FDC's and the closest fire hydrant- max. 150 feet required- Sheet A.I 00 Response: The distance from the closest fire hydrant to the West FDC is 75.6' and the distance to the east FDC is 91.6'. These distances are shown on the revised sheet A-lOO and on the revised Civil sheet 3 of 4. 4. Indicate which building do these FDC's serve. Response: This iriformation is shown on the revised sheet A-lOO and on the revised Civil sheet 3 of 4 5. Indicate the location of the post indicator valves for the sprinkler system. ~o~~ \ }. i1~ Response: These valves are existing and will not be altered as part of the proposed 7 .--. ~~ \~~ scope of work Their location is shown on Civil sheet 2 of 4. S ~{~.s.~\: 6. Provide new roadway and driveway dimensions - minimum width required for (I \'\ fire department emergency vehicle access is 20 feet. Response: These dimensions are shown on Civil sheet 3 of 4. The 20' wide existing access road from the cul-de-sac northwards stays as is and the new east to west driveway will be increased to 24' as shown on the plans. 7. Provide response sheet addressing each of the comments and indicate the sheet where correction is to be found. Response: This is the response sheet providing the information requested. TYPE OF NOTICE (CHECK ONE ONLY) ~ ORIGINAL 0 REVISED 0 CANCElLATION TYPE OF PROJECT (CHECK ONE ONLY) ~ DEMOlITION 0 RENOVATION 0 ROOFING IF DEMOlITION, WAS IT AN QRDERED DEMOLITION? c;JVES )&NO IF RENOVATION: ' ,.' , File # IS IT AN EMERGENCY RENOVATION OPERATION? 0 YES,. 0 NO ' IS IT A PLANNED RENOVATION OPERATION? 0 YESi L J:' CJ NO "'P;'oces~'# FacilityName B\...t:lG \'R\\ AT LoET-\ '\'<\A\-J HI s,. ?Lf:>-2.I"~' Address \~\S~- \ ?:J7G::P\ Nl= ~\5QS.,"\ Nt ~"D City ~~1\~~ StateW Zip =.6\80 County t\\\'~t\\\-Dp..~ Site Consultant Inspecting Site R?\' '..", ' BuildingSize -2:2 {t:?~' sf=' (Square Feet) # of Floors \ Age in Years 20 Prior.Use: ,r.r School/College/University Residence (Small Busines~ Other Present Use:' School/CollegelUniversity Residence Small Business Other Facility Owner Av ~....,-rUIL4 F,;\....ulor-l I""'-~N 0 I-.? Phone (~.s ) (,&(.0- 7' 140 Address 1'54-\ <:"')",c..,._+ OfL.vJ (Sc.::u-\-h'::P-S.-r (!ii:","1C:~S.) 't::.:t.l\\'-L:>... ~,,''''U\..\c:\: CityL.oiLAL- c...-.....Al.L-Gte, i:',.\ "~_')L\t-':-..rState FL zip3~I'4~ . ,. 'III. ,Contractor's Name . ~ (M~. G:.-~\~ ~ Oetx'c(Xt'lON. Phone (~ ) BCSlE>-?:oee, Address C\ \(.97 ~~ A'li!:- ' City ~ \Zr<;;'\ (?e. State R/ Zip ? '3>lC;4- Florida license No. G]X'j c:::()4~o \ Is the contract exempt from licensure under Section 469.004(7), F.S.? Scheduled Dates: Asbestos Removal (mm/dd/yy) Start: Procedures to be used (Check All That Apply): Stri and Removal Glove Sa )< Wet Method *Dry ~ethod *MUST OBTAIN PRIOR DERM APYROVAl BEFORE USING A DRY METHOD .- VI. Procedures for Unexpec(ed ~<:M: > " , ,',.:R€:NOT l f='( \ _>:'t" , - .,../.._" ","' , .., ," -, ..~... ---:-r V. S0-. Miami-Dade DERM Air Section, 33 S.W. 2nd Averwe, Suite 9-223 Miami. Florida 33130-1540 'l-., \. MIAM"~ mm" ''';. " .. ,; Florida Department of Environmental Protection Division of Air Resource Management NOTICE OF ASBESTOS RENOVATION OR DEMOLITION o COURTESY I. ~. II. DYES 'KNQ IV. ~ Start: el'25/07 Finish: 315/0' Finish: Demo/Renovation (mm/dd/yy) x- Bulldozer Explode J<' I" r VII. ,A~bestos WasterTra...~~;~r: . Na'me Address ' f-I. ,J \ \ . '. City ",..-.:". f' ' 7 State ", Zip .,,;,VII:!:, Waste Disposal ~ite: ..1!~~ ~-re. \-rn~~li\V\("\'\\ Address ;,~' -~==:~ ,,~~e- ' City rX\\~r\ r ' '\ . ._.... \i,: tat~ -A..., Zip "6":6\4'2. IX. Amount of RACM or Af2M '" '. ,', ' , '\.:~_ square f~et surfacrhg~tedal f:.- -(,. linear fee,t pipe ..;:- ,'>-" cubic feet'of~CM~k &iii~ comROQ,eTrts" , s,quare feet celTJentitious~~itt- _____\\ \ \ square feet resf,ient flooring \--~' square feet asphll.!.t roofing Phone ( ~~'-~~ ~~\.~ ~~ ~-SJ CQ3e1- I \-d::> MIAMI.DADE D.E.A.M. AIR QUAUTY MANAGEMENT DIVISION This is to certify that the required Notffication(s) Regarding asbestos have ~n submitted in Compliance with Applicable regulations. II (Date) PostmarkJDate Received ID# 161_01-158 5106 DISTRIBUTION: White - DERM Yellow- Applicant Pink - Reserve Gold - Reserve -rr ~vo(, - ga LJ _ i Jennifer Harris D " Biologist 1 epartn'ient of Environmental R E esources Mana nforcement D' . . gement 33 S.W. 2nd lVlsronlTree Section It ~ve.nue . Suite 400 ~.~~~~DADE 305-372.6574~laml, Florida 33130 :.ax 305-350-6203 harnJ@miamidade ,t .gov ,y miamidade.gov State: ~ ~ Zip eod~: ~ a. F~ail:@.Oe.~u0.4"'\\/~~~\~\-es?~~ &n e .-rz,~\,rf?~ l ~\^ oval Permit Application phone; l~} ~ . ConblCtor/Asent }lame;" ~ Address: f'axlEmail: Zip Code; ~e1:>& ~ PropertY Folio: Site Location and Description Me. Ne. ewQ ~\ of \.OOt4~N s P6A.~ O~ - ooW TWPfRGISI!C: , ~ i i I i i i Address: CUrrenl Zoning: Subdivision: ~\~ s:t!!A~~ Does inb:llded use ofpropcItY require r=ning or plat approvw? J:l Yes )(NO Work Description -Buildi1lfP.=i,~Numbcr: ' \~ .,-\\:.e....~c:.. ~.u'5tl\NO 'cONe- Number and tyll.e otl:l'ee.l to be remO'lled or relocated: 2. 8~ au. ve ,. ~-~ Reason for relocation or removal: ~ ~~~l~~ ~m:'\ID\J~l'.i\-Q\l ~ ~~ l '" tX"t\O~ ~\\3\\xt'\ Total number of trees on site: -a.~Re. ~ C)u.~1::l ~\N (A TREE SURVEY IS REQtJIltED FOR APPUCA TJONS WITH MORE THAN TEN TREES) 'Application atbschmelllS inclu<k: ~ cSt \.hN'o<;~ ~ s Nam~ ot ~on cert.ifyillg that all abQlle infonnllIion is c:omect: ~M~bl~~ = 19nilture. Wben the permit is ready, would you llke it to be: c mailed 01' will you pIck it ulJ in person? Date-Rcecjved: PI~CI11 TyPe: -, :' .~ ::~j : ~ ",,} ,<,.- '. -' . . . ", -'.. . ...:., ....:--.......; ... " ." Return this appUe:ttlon form to OERM. Tree Program. Enfareement ~~o1'i" 33 SW 2 Avenue, Suite 400. Miam!, Florida 33130 L - For more informatIon call 305-372-6574 Fax 3Q5-350-6203 C_= " ' .. _ ... " .".. r. . 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(.::: -,- !:'., .'...., ....-. f',.. ~ l.{) 0 0'1 M I 0'1 I Q) 8 I -r-i E-i '" I 0 0 I N .......... '" .......... N I M I Q) I .jJ ct$ I Cl ~H.;'"'' "".... ;:it Page: 1 Document Name: untitled r AM I SCAPr' 11/1'7/2006 05:47:09 APPLICATION DATE 11/17/2006 OTHER DEPT. APPLICATION # OR CONTACT NAME ANTHONY ADDRESS 18753 BISCAYNE BLVD CITY AVENTURA BUILDING DEPARTMENT ADD MISCELLANEOUS APPLICATION SALES TYPE FIRE FEE CODE F053 UNIT UNITS DESC 46700 EACH BNZM1142 PAGE 1 RGONZA X2007034554 PROCESS NO. BLDG DEPT. PERMIT #/ADDRESS: 14713 SUB TOTAL STATE FL ZIP FEE DESCRIPTION FIRE FEE $467.00 PHONE COUNTY AGENCY USER ID RGONZA PAID FEE IND 467.00 PF1 = UPDATE NEXT SCREEN NEXT KEY UPDATE ATTEMPTED TWICE..DEPRESS ENTER TO CLEAR SCREEN Date: 11/17/2006 Time: 5:50:18 AM PF9 = MOD MISC APL "" ., ( '- a ,~. " :WI"TO~'l~a ~J!~a"p'-ry !WB!V'J 8 6~29r~~SuE'~n::.-.~,.~ ;';:~-';';~~l ~~B~;tB40aV'J L 6~917-~~"Z"::"M.'tr'"'''''' :lYtlJqwnld ~;i ,.":j 9 '~-~917-S08 ...............:~.:..:..,:j"".:ieh!JloaI3 'l\....;~--r~'-n'=' c'\ =;] i':' 817 '. ~~99f?q~\ .:.p:".~)J.: '~,:2~~~j" ':".:dU!PI!ns L1768-9917.S08 .....:........................ :5u!uoZ SUOIIOadsUI , ., " City of Aventura Building Division Community Development Department Permits: (305) 466-8937 Inspections: (305) 466-8938 Fax: (305) 466-8949 Process#: a 07~ C( 17- / . , ' .:. Your application and plans have been submitted tbr processing. The department will notify you with the results. Upon receiving notification of approval, please retrieve your application and plans immediately, .:. PERMIT APPLICATIONS NOT RETRIEVED WITHIN 180 DAYS SHALL BE SUBJECTED TO THE FBC 8104-1.6. 19200 W. Country Club Drive, 4th ~Ioor. Aventura, Florida 33180 )- :I ~ ~ I", CITY OF AVENTURA Community Development Department 19200 West Country Club Drive, 4th Floor Aventura. Florida 33180 Phone: (305) 466-8937 . Fax: (305) 466-8949 INSPECTION LINE: (305) 466-8938 Building Division Office Hours: 8:30 a,m. - 4:00 p.m, ~ ~.J' ~",,&.P BUILDING PERMIT APPLICATION APPLICANT FILL INSIDE HEAVY LINES ONLY Date 1'2, i'2, ceo Tax Folio No,'2~'220::.3.c)::o 'CfYZ:Z Owners Name Owners Address Owners Telephone City Zip 3.~\3\ Fee Simple Titleholders Name (it other than owners) f>~~\M-- I~ql~ Fee Simple Trtleholders Address (if other than owners) p., t;6M,~)~ ~. City P~\~~N"\ State -tW.- Zip 1"i1f\c;A Contracting Co, ~ ~)1\Nl':. t12IN.s;:reoC1\o~ ('1) Contractors Tel No.' N~~~ CC No,G6CA \-;'2:i1 S~cial Security # tJfi :I1J22 - <;' '11. Contractors Address -31~ ~ ~\I..r~~ .g~ City fI\\AsMt State -E\.L- Zip "2>O\~1 'l'\'te- ~\)~e.. Job Name e,w(O.~ ~& ~6TM\" ~\<'\N(D Job Address Ifl,"1n~ - \ fl.'7/Fo!1i we, 'S\s.c..A ~~ ~W<? City A..~(\m~...~, County N\-\?~_ Legal Description ~!I..!A ~\IAR~ ~ ~F', \\e>-Zl Bonding Company Bonding Company Address City State _ Zip ArchitecVEngineers Name ~\l\'\eC't:lwl~ I~~~ \.N<.A't'f ArchitecVEngineers Address Bo( ~.(C~ ~ fM.~ City ~ \,k{Y\ \ State -BL- Zip ~\-a.l Mortgage Lenders Name Mortgage Lender's Address City State _ Zip : Contractor's Affidavit: Application is hereby made to obtain a permit to do the work and installatlon as indicated, I certify that no work or installation has com- menced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in this jurisdiction. I under- stand that a separate permit must be secured tor ELECTRICAL WORK, PLUMB. lNG, SIGNS, WELLS. POOLS, FURNACES, BOILERS. HEATERS, TANKS. AND AIR CONDITlONER~, ,:".5') Signature ~ ~ con~_. _ _ _ualtfJer Swom to and subscribed before me IA;=StEK ~~ who Is personally known t me or produoe1( f'l. .. . .1'1. Ir' rn as identification, this day of ~ ILj-- 20 ~. Notary Signature ""'''''''''''' Lianet Villrt Printed Name Notary ~o..' ....,,'< 'ssion Commission No, Expir 0 aoil,', :~:;" Mil: , Seal . ~I~?~:i;~..~" ""."., AliRONNOTARY.com Owner's Affidavit: I certify that the foregoing information is accurate and that all work will be done in compliance with all applicable laws regulating construe. tion and zoning, WARNING TO OWNER: VOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN PAVING TWICE FOR IMPROVEMENTS TO VOUR PROPERTY, IF YOU INTEND TO OBTAIN FINANCING, C NSULT WITH YO LENDER OR AN ATTORNE BE E REC RDING YOUR NOTICE OF C EN ENT. Signature CNlneror Agent ( , loon Wsignedbyanagent) I....AA ~~J"'~il'Ra:> ~'OO\~~) State of Florida. County of WHITE: FILE MASTER PERMIT NO. PERMIT NO. (OFFICEUSEONLY) PROCESS NO,(OFACEUSEO\JlY} p:R:::ELJSE<NY) Registration up 10 date? 0 Yes 0 No Insurance Current? Oves 0 No Aventura Permit Fee: $ Other Fees: $ Dade County Code Comp,: $ Radon: $ Impact Fees: $ Flood Plain Review: $ This permit does not become valid until signed by an authorized representative of the City of Aventura and all fees are paid and acknowledged in the space prollided, ISSUED BY: I TOTAL PERMIT FEE: $ FLOOD ZON!" ELEV: Lowest Finished Floor Elevation (Including Basement) Lowest Floor As Building Elevation Survey is required before making any inspection above lowes: floor ELEV SURV. DRAINAGE PLP.N MIN. FL ELEV, REQD_ V _ N CHECKED(PRCJ) _ Y _ N ABOVE FL CR _ NUMBER CONCRETE TESTS REQUIRED WELDING INSPECTOR_ V _ N GROUP AND DIVISION SHOP DWGS, REQUIRED_ V _ N ,UfJ;:::> ENG, PILE DRIV, SUPER_ V _ N SUPER._ Y _ N OTHER TYPE CONST SEAL REQUIRED _ V _ N LOT % COVER. CUBIC SQUARE CONTENT _ FEET PRESENT USE OF LAND ~\~;A<v V II WORK DESCRIPTION P~s>H <5\.Vto, 1='f=i oF "V- ~ t:\.AZA.. ~ ~U\\...P k- N~ O~ ?A~t<::U~0 un. ~o'l()i;, lMJt7<;.C~~. {>..S. ~~ e.-P 5;.\'\e ~~\... trawttl~N5. ~~Ne ~ '2'2,500 oJt:':3cOjOOO SQUARE FT. ESTIMATED JOB COST ZONE OFFICIAL HWY, WIDTH CUBE REQUIRED DEDICATED WIDTH LOT DIMENS, LOT AREA DEED REST'R & RESOLUTION CH"CKED _ Y _ N PROCESSING APPVD DATE DIS. APPVD DATE ZONING BUILDING STRUCTURAL PLUMBING ELECTRiCAL MECHANICAL ADA lANDSCAPING Conditions under which approved For plans processor notes YELLOW: INSPECTOR'!': r:npv j:)1"-U..... """II.ITO ^I"'yno'C' I"'-l"'I.n\f ~""' .. '"', ... LAW OFFICES OF JEFFREY A. SARROW, P.A. 300 South Pine Island Road, Suite 304 Plantation. Florida 33324 (954) 475-3188 Telefax (954) 474-4416 January 17,2007 CERTIFIED MAIL NO. 7001 0320 0004 5360 R & I Salon, Inc. d/b/a En Vogue 18761 Biscayne Blvd. Aventura, Florida 33180 Attention: Mr. Ran Y.Cohen Dear Mr. Cohen: Please be advised that I represent the landlord, the Prudential Insurance Company of America which is the owner of the Loehmann's Fashion Island Shopping Plaza. It is my understanding that R & I Salon, Inc. orits assignee, En Vogue Salon and Spa, Inc. are presently in the process of building out Bays 7 and 8 in The Venture at A ventura. This space was twned over to you to commence build out on October IS, 2006. The landlord has submitted application for permits to demolish building "F" in the shopping center, which includes Bay 720, the space presently occupied by R & I Salon, Inc. Please be advised that it is absolutely imperative that R & I Salon, Inc. be prepared to fully and completely vacate Bay 720 no later than February 15,2007. Your failure to so vacate may have severe adverse consequences upon your tenancy. Hopefully this will not be necessary and you will abide by your obligations to relocate your business as required. Very truly yours, JEFFREY A. SARROW cc: Robert Graf JAS:scs ca RELATED February 13, 2007 Ms. Cathy O'Leary City of A ventura Building Division 19200 West Country Club Drive Aventura, FL 33180 Re: The Venture - Demolition of Building "FF"lNew retail parking Permit process # BL07-917 Dear Ms. O'Leary: In accordance with your landscaping plans review comments for the referenced project, we have revised and resubmitted the plans for your approval and permit processing. Further, due to the fact that the new landscaping areas (footprint of Building FF to be demolished) will be irrigated by extending the existing system, the required irrigation plans will be submitted separately to you at a later date once building "FF" is demolished and we have an understanding as to the existing system layout. We look forward to your review and approval of the landscaping plans and appreciate your assistance and constructive comments on our project. Sincerely, --~, Anthony E. Tzamtzis, AlA Senior Project Manager Copy: Dick Rogers, ASLA (via facsimile) I van Heredia ,', r, MIAMI-DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT ENFORCEMENT DIVISION TREE PROGRAM - ENFORCEMENT SECTION PERMITTEE'S NAME: ADDRESS: PHONE NUMBER: LOCATION OF THE APPROVED TREE WORK: FOLIO: PROCESS NUMBER: DERM PROJECT MANAGER: 33 Southwest 2nd Avenue 4th Floor Miami, Florida 33130-1540 (305) 372-6574 TREE REMOVAL PERMIT NUMBER 2006-834 DATE ISSUED: 2/9/2007 EXPIRATION DATE: 2/9/2008 A ventura Fashion Island LP 8 Camous Drive 4th Floor, Arbor Circle South Parsippany, New Jersey 07054 (305) 460-9900 18753-18769 NE Biscayne Blvd, Aventura, FL 28-2203-030-0020 None given Jennifer Harris PERMIT MUST BE POSTED ON SITE AT ALL TIMES DURING CONSTRUCTION ," MIAMI-DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT ENFORCEMENT DIVISION TREE PROGRAM - ENFORCEMENT SECTION APPROVED WORK Approval for the removal of the following trees: one (1) black olive (Bucida buceras) in accordance with the DERM-approved plans entitled "Redevelopment of Loehmann's Plaza" and prepared by Curtis & Rogers Design Studio, Inc. TREES TO REMAIN: three (3) black olives (Bucida buceras) located north of trees to be removed ALL WORK SHALL ALSO BE IN ACCORDANCE WITH THE SPECIAL CONDITIONS CONTAINED HEREIN. THE PERMITfEE IS RESPONSIBLE FOR COMPLIANCE OF ALL CONTRACTORS AND SUBCONTRACTORS WITH THE CONDITIONS AND LIMITATIONS OF THIS PERMIT. EXCEPT AS AUTHORIZED BY THIS PERMIT, ANY PROTECTED TREE THAT IS REMOVED OR EFFECTIVELY DESTROYED SHALL CONSTITUTE A VIOLATION OF SECTION 24-49 OF THE CODE OF MIAMI DADE COUNTY AND WILL BE PURSUED AS SUCH. IN ADDITION, ANY NON-COMPLIANCE WITH THE CONDITIONS OF THIS PERMIT WILL SUBJECT THE PERMITTEE AND RESPONSIBLE CONTRACTORS OR INDIVIDUALS TO THE PENALTY PROVISIONS OF SECTIONS 24-29, 24-30, 24-31, AND BCC OF THE CODE OF MIAMI-DADE COUNTY. SPECIAL CONDITIONS 1. All crees outside of those areas being developed are to remain and be protected by barriers throughout development. No work (including land clearing, or grading) may begin until DERM has verified that all barriers are in place and DERM authorization has been given for the commencement of construction (unless prior written approval is granted by DERM). The applicant must notify the DERM project manager when the barriers are in place and schedule an inspection (two weeks notice is required). 2. Protective barriers shall be constructed of wood, plastic, or metal and shall be a minimum of four (4) feet above ground level. Protective barriers shall be placed no less than (6) [eel (nllliu1:l distance) from the trunk of any protected cree or cluster of crees. A copy of the site plans showing the location of barriers must remain on site attached to this permit. 3. Protective barriers must remain in place until development is completed and the Department has authorized their removal. 4. During- all site work and conscruction, no soil, vehicles, heavy equipment (such as bulldozers or backhoes), fill, building- materials, construction debris, or dead vegetation shall be placed, stored, or deposited within the areas of protective barriers. Natural gTadeshall be maintained around the crees. 5. The survival of all trees counted towards canopy mitigation shall be ensured to live at least one (1) year from the date the final inspection was passed. If the crees die, they must be replaced by the same Florida grade number one tree of equal or greater size. If the property owner of the mitigated trees change, the permittee will be held as the responsible party and will be required to replace any descroyed or non-living trees. REPLANTING REQUIREMENTS 1, To replace lost tree canopy, the permittee shall replant 1000 square feet of tree canopy. No more than thirty (30) percent of the replacement trees shall be palms. See the attached Tree Replacement Plan for details and options. 2. (At least) 500 sq. ft. of the trees must be NATIVE to South Florida. Native plant lists and nurseries are available upon request. 3. All replace~ent trees shall have a minimum quality of Florida No.1 grade or better. 4. Mulch shall be placed around all replacement trees. 5. All trees shall be planted on-site or at an approved off-site location. 6. Replanting shall take place within -11- months of the issuance of this permit. 7. Replanting must be verified and approved by DERM. The applicant shall notify the DERM project manager when the replanting is complete and schedule a final inspection (two weeks notice is required). PLANTING RECOMMENDATIONS The Tree Program of DERM recommends the following techniques. 1. All synthetic or non-degradable material such as nylon rope or treated burlap be removed from the rootball prior to planting. 2. The tree should be placed in the center of the planting hole with the top of the rootball flush with the surrounding soil surface. Planting too deeply can cause the tree to die. 3. The surrounding soil should be lightly tapped with no heavy impacts to the top of the rootball to ensure no damage to the fine roots at the surface. 4. The tree should be watered at time of planting and should occur on a regular basis until the tree becomes established. 5. Surrounding mulch should not be placed directly on the tree trunk. ~ USE THIS TABLE TO CALCULATE YOUR PLANTING REQUIREMENTS OF YOUR TREE REMOVAL PERMIT If YOU plant a: With this minimum size: You will Qet this credit (in SO.FT.); Hardwood Tree 12' Overall Height 500 Hardwood Tree 8' Overall Height 300 Palm 10' Clear Trunk* 300 Palm 3' Clear T runk* 100 Small Tree 6' Overall Height 200 I Overall height -Example: If you are requested to plant (See Replanting Requirenments in your permit) 1,500 SQ.FT., you can plant: a) Three hardwood trees, 12' height each (you will get 1,500 SQ.FT). Or, b) Two hardwood trees, ]2' height each,and two palms, ]0' clear trunk each (you will get 1,600 SQ.FT.). Or, c) Any combination of tree sizes up to the required credit. PALMS CANNOT BE MORE THAN 30% OF THE TOTAL CANOPY AND FRUIT TREES WILL NOT COUNT TOWARDS MITIGATION. I Clear trunk* - , FEES Need for Compliance: $35 Barrier: $ Utility Siting: $ Preservation Area Location: $ Landscape Plan Review: $ Landscape Field Inspection (Final): $35 Miscellaneous: $ Application Fee: Total Inspection fees: No. of trees removed 2 @ $12 ea. $105 $70 $24 TOTAL FEES PAID DUE DUE $199 $140 4 $59(Pd wick #4146) !/1.-c:1 $0 ---------------- I HAVE READ THE SPECIAL CONDITIONS CONTAINED IN THIS PERMIT AND FULLY UNDERSTAND THEM. IN SIGNING THIS PERMIT, I ACKNOWLEDGE THAT FAILURE TO COMPLY WITH ALL CONDITIONS OF THIS PERMIT MAY RESULT IN PERMIT REVOCATION, BOND FORFEITURE, WITHHOLDING OF MY CERTIFICATE OF OCCUPANCY, AND ENFORCEMENT ACTION AGAINST ME BY DERM. I ASSUME FULL RESPONSIBILITY FOR THE ACTIONS OF ALL MY EMPLOYEES, AGENTS, AND PERSONS UNDER DIRECT OR INDIRECT CONTRACTUAL OBLIGATION TO ME WITH RESPECT TO COMPLIANCE WITH THE CONDITIONS AND LIMITATIONS CONTAINED WITHIN THIS PERMIT. ~~~~ Signatureo Owner/Authorized Representative/Owner's Agent 02. 0" I 01 Date Signed Atq~'{ ~J ~m~ Print Name ~~ I ?(Q.)'eG1 ro~~ Title THIS PERMIT IS NOT VALID UNTIL SIGNED BY THE DIRECTOR OF DERM OR THE DIRECTOR'S DESIGNATED REPRESENTATIVE. ~ l \ClT\.r-....--- DERM Director or Designee 2yJ.q~D7 ate 19ned Tree Permit Number: TP 2006-834 02/~0/2007 11:25 FAX 3053506203 DERM ENF TREE PROG MIAMI-DADE COUNTY D.E.R.M. (Department of Environmental Resources Management) Enforcement Section Tree Program 33 Southwest 2ad Avenue Miami F1 33130 305-372-6574 , FACSIMILE COVER SHEET DATE: >7 TO: ~ r;'b~:"Z; ~ TIME: PHONE: FAX: 3bS': 'i "'0. qtf II FROM: ~f",t So FAX: 305-350-6203 " RE: ~ ~cE:-f><L~,--r C~~atJ~ Number of page(s) incl\lding cover sheet + MESSAGE: I' 02/20/2007 11:25 FAX 3053506203 DERM ENF TREE PROG '''-.J \....",1 MIAMI..DADE COUNTY , DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT ENFORCEMENT DMSION TREE PROGRAM - ENFORCEMENT SECTION 33 Southwest 2nd Avenue 4th Floor Miami, Florida 33130-1540 (305) 372-6574 TREE REMOVAL PERMIT NUMBER 200~34 DATE ISSUED: ~9/2007 EXPIRATION DATE: 2/9/2008 PERMl'I"rEE'S NAME: Avet\tura Fashion Island LP ADDRESS; 8 Camous Drive 4111 FlOOf, Arbor Circle South Parsippany, New Jersey 07054 PHONE NUMBER: (305) 46()..9900 LOCATION OF THE APPROVED TREE WORK: 18753-18769 NE Biscayne Blvd, Aventura, FL FOUO: 28-2203-030-0020 PROCESS NUMBER: None given DERM PltOJECf MANAGER: Jennifer Harris PERMIT MUST BE POSTED ON SITE AT ALL TIMES DURING CONSTRUCTION I4l 002/007 021-20/2007 11:25 FAX 3053506203 DERM ENF TREE PROG l4J 003/007 I' I I I I I I I \"../. ''-..,/ MIAMI-DADE COUNTY DEPARTMENT OF ENVmONMENT At RESOURCES MANAGEMENT ENFORCEMENT DIVISION TREEPROG~-ENFORCEMENTSECTION APPROVED WORK Approval for the removal of the fonowing trees: two (2) black olive (Bucida buceras) in accordance with the DERM-approved plans entitled "Redevelopment of Loehmann's Plaza" a.nd prepared by Curtis & Rogers Design Studio, Inc. TREES TO REMAIN: three (3) black olives (Bucida buceras) located north of b:ees to be removed ALL WORK SHALL ALSO BE IN ACCORDANCl:: WITH mE SPECIAL CONDITIONS CONTAINED HEREIN. THE PERMrrTEE IS RESPON$I5LE FOR. COMPLIANCE O:F ALL CON'rRAcrORS AND SUBCONTR.AcrORS, WITH THE CONDmONS AND LIMITATIONS OF THIS PERMlY. EXCEPT AS AuraORIZED BY THIS PERMIT, ANY PROTECfED nEE THAT IS REMOVED OR. EFFECfIVELY DESTROYED SHALl. CONSTfItJTE A VIOLATION OF SECTION 2449 OF THE CODE OF MIAl'dI DADE , COUNTY AND WILL BE PURSUED AS SUCH. IN ADDmON, ANY NON-COMPLlANCE WITH THE CONDITIONS OF THIS PERMIT WILL SUBJECT TIiE PERMI1TEE AND RESPONSIBLE CONTRAcrORS OR INDIVIDUALS TO THE PENALTY PROVISIONS OF SECllONS 24-2!J, 24-30, 24-31, AND sec OF THE CODE OF MIAl'dI-DADE COUNTY. 02/20/2007 11:26 FAX 3053506203 DERM ENF TREE PROG '-..J \.J SPECIAL CONDITIONS 1. All trees outside of those areas being developed are to remain and be protected by barriers throughout development. No work (including land clearing, or grading) may begin until DERM has verified that all barriers are m place and DERlvt authorization has been given for the commencement of construction (unless prior written approval is granted by DERM). The applicant must notify the OERM project manager when the barriers are in place and scltedule an inspection (two weeks notice is required). 2. Protective barriers shall be constructed of wood, plastic, or metal and shall be a minimum of four (4) feet above ground level. Protective barriers shaLl be placed no le&s than (6) feet (radius distance) horn the trunk of any protected tree or cluster of trees. A ropy of the site plans showing the location of barriers must remain on site attached to this permit. 3. Protective barriers must remain in place unliI development is completed and the Department has authorized their removlIl. 4. Quring all site work and construction. no soil. vehicles. heavy equipment (such as bulldozers or backhoes). fill. building materials\ constru,ction debris\ or dead veg-etation shall be placed, stored. or deposited within the areas of protective barriers. Natural g-rade,shall be maintained around the trees. s. The survival of all trees counted towards canopy mitigation shall be ensured to live at least one (1) year from the date the final inspection was passed. If the trees die, they mast be replaced by the same Florida grade namber one tree ot equal or greater size. If the property owner of the mitigated trees mangel the permittee will be held as the responsible party and will be required to replace any destroyed or non.living trees. ~ 004/007 02/20/2007 11:26 FAX 3053506203 DERM ENF TREE PROG \..J \..../ REPLANTING REQUIREMENTS 1. To replace lost tree canopy, the permittee shall replant 1000 square feet of tree canopy. No more than thirty (30) l'ercent of the replacement trees shall be pall!;!!. See the attached Tree Replacement Plan for details and options, 2. (At least) 500 sq. fl of the trees must be NATIVE to South Florida. Native plant lists and nW'$eries are available upon request. 3. All replac:eq1ent trees shall have a minimum quality of Florida No.1 grade or better. 4. Mulch sha.ll be placed around all replacement trees. 5. All trees shall be planted on-site or at an approved off~site location. 6. Replanting shall take place within -16- months of the issuance of this permit 7. Replanting must be verified and approved by DERM. The applicant shall notify the DERM project manager when the replanting is complete and schedule a final inspection (two weeks notiee is required). PLANTING RECOMMENDATIONS The Tree Program of DERM recommends the following techniques. 1. All synthetic or non-degradable material such as nylon rope or treated burlap be removed from the rootball prior to planting. 2. The tree should be placed in the center of the planting hole with the top of the rootball flush with the surrounding $oi1 surface. Planting too deeply em cause the tree to die. 3. The surrounding soil should be lightly tapped with no heavy impacts to the top of the rootball to ensure no damage to the fine roots at the surface. 4. The tree should be watered at time of planting and should occur on iI regular basis until the tree becomes established. 'w 5. Surrounding mulch $hould not be placed directly on the tree trunk. @005/007 02/20/2007 11:26 FAX 3053506203 DERM ENF TREE PROG lal 006/007 v ~ USE THIS TABLE TO CALCULATE YOUR PLANTING REQUIREMENTS OF YOUR TREE REMOV At PERMIT If you olant a: With this mInimum size: You will oet this credit (in 3Q.FT,): Hardwood Tree 12' Overall Height 500 Hardwood Tree 8' Overall Height 300 Palm 10' Clear Trunk. 300 Palm 3' Clear Trunk* 100 Small Tree 6' Overall Height 200 I Overall height J Example: If you are requested to plant (See Replanting Requirenments in your permit) 1,500 SQ.FT., you can plant: a) Three hardwood trees, 12' height eacb (you will get 1,500 SQ.FT). Or, b) Two hardwood trees, 12' height each, and two palms, 10' clear trunk each (you will get 1,600 SQ.FT.). Or, c) Any combination of tree siJ;es up to the required credit. PALMS CANNOT BE MORE THAN 30% OF THE TOTAL CANOPY AND FRUIT TREES WILL NOT COUNT TOWARDS MITIGATION. I Clear trunk* 02/20/2007 11:27 FAl 3053506203 DERM ENF TREE PROG 1aJ 007/007 v '-.....,/ FEES Need for Compliance: $35 Barner: $ Utility Siting: $ Preservation Area Location; $ Landscape Plan Review: $ Landscape Field Inspection (Final): $$5 Miscellaneous: $ Application Fee: TotaIlnspection fees: No. of trees removed 2 @ $12 ea. $105 $70 $24 TOTAL FEES PAID DUE DUE $199 $140 ~ $59(Pd wick #4146) -z,Ji-o'l $0 ----------------- I HA VB READ TIlE SPECIAL CONDmONS CONTAINED IN THIS PERMIT AND FULLY UNDERSTAND THEM. IN SIGNING THIS PERMIT, I ACKNOWLEDGE THAT FAILURE TO COMPLY WITH ALL CONDmONS OF THIS PERMIT MAY RESULT IN PERMIT REVOCATION, BOND FORFEITURE, WITHHOLDING OF MY CERTIFICATE OF OCCUPANCY, AND ENFORCEMENT ACTION AGAINST ME BY DERM. I ASSUME FULL RESPONSmILITY FOR THE ACTIONS OF ALL MY EMPLOYEES, AGENTS, AND PERSONS UNDER DIRECT OR INDIRECT CONTRACTUAL OBLIGATION TO ME 'WITH RESPECT TO COMPLIANCE WITH THE CONDITIONS AND LIMITATIONS CONTAINED WITHIN TIllS PERMIT. ~~~ Signature 0 Owner/AuthorIZed Representative/Owner's Agent 0"2~ oq, Ql Date Signed ~~'{ .f?,~1Z{~ Print Name ~ I ~ecrc mANA6~ Title TIllS PERMIT IS NOT VALID UNTIL SIGNED BY THE DIRECTOR OF DERM OR THE DIRECTOR'S DESIGNATED REPRESENTATIVE. ~~ \ 0,)\ r.... - DERM Director or Designee 2Ja~li~7 Tree Permit Number: TP 2~34 CITY OF AVENTURA CiTY OF A~F*IURA BUILDING O!V SIOh ' , ~ ~ 19200 WEST COUNTRY CLUB DRIVEl 4TH FLOOR ~ AVENTURA FLORIDA 33180 e_ INSPECTION PHONE #: 130S)~66..&938 - - -~ ti/- - -.. -.. . - """ .. .. .... .. -.. - - - ,... ..,.. -.......' .. -.......... - -...... .. - - -.. - -, - .. - .. '....... -.. - -.. Application number . . . . . 07-00000117 nate 2/23/0i ~~f~8rA~M~~~ress . . . . :: ~~7~~O~1~~~Y~~2~lVO AT,terntat~ Search Metnod . . . T,HE "t~Tu'n,E enan nbr, nale . . . . . . .en ~ Application type description ~ISCELlANECU~ SubdlVISIDn Ra~e . . . . . . ~roperty Use.,. . . . , . . . . roperty lonln~ . . . . . , . Application valuation. . . . (iwnH '~6HAM~~~~I~ BlvD , BLOOMINGTON ( as} 853-1444 ...._--_.~~----..~-~.._. ~ , ~a~f{tcoal~'d,e't Per.lt Fee Issue D~te . EXplratlon a Qty , 2852.00 { ----_.._....__.._-~- s~~r U~: i IVa ~ defO l1 sh b -.............................-......... ......_..~~::~-~:::_\.. Fee suuary ...---..---..-..-.. - Pereit Fee To a ~~~~~ 1~tllota ~ ~ 't,l;:: -- AJ~t ~'f '6~~\\T2\~ ..._____________._.~_M.._~___~__________.___._._____~_____..________.._~_"___,..__ WARNrKG TO OWKER: YOUR FAILURE 10 RECORD A NnTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWrCE FOR IMPROV~MEHTS TO YOUR PROPERTy. IF YOU iNTEND TO OBTAiN fINANCiNu, CONSULT WITH YOUR bE~OER O~ A~ ATTORUEY BEFORE RECORDING YOUR NOTICE OF CO"MtNCE~EnT. Miami-Dade County Clerk - Civil 1 Family 1 Probate Justice System Docket Information Clerk of Courts ( fth Judi~1 OrwIt of Aorida Miami-Dade County Civil! Family! Probate Justice System Docket Information PRUDENTIAL INS co OF AMERICA (THE) vs R & I SALON INC . Click on BOOK/PAGE of a particular docket to see the image if it is available' Case Number (LOCAL): Case Number (STATE): 13-2007-CC-005002-0000-23 Date Book/Page 03/22/07 03/22/07 03/16/07 03/12/07 03/12/07 02/27/07 02/27/07 02/27/07 ~I;GJ,N",N,r;W,SJ;ARC.t! 2007 -5002-CC-23 Docket Entry LANDLORD AND TENANT ORDER OF REFERRAL TO MEDIATION UNIT TEXT MOTION TO DISMISS SERVICE RETURNED COMPLAINT L & T ZIP 33180 - 23 - NORTH DISTRICT SUMMONS ISSUED (COPY MAILED) ALL.PARI!E-S Filing Date: 2/27/2007 Dockets 8 Retrieved: Judicial Section: 02 Comments 04/04/200709:10 AM AND TRIAL AS TO COUNT ION APRIL 2007 AT 910 AM AMENDED MTN TO DISM & ANSW AFFIRNMATIVE DEFENSE BADGE # 2 P 03/01/2007 DN01 $ 0.00 DN01 RI;JVRNJQ,$AMI;,SEARC Home I Online~ervices I Meet the Clerk I Contact-Us [ Miami-Qade CoJJ!!.!y I PrivacY Policy [ Disclaimer [ Iroubl~shQ.91Ln-9 Help [Em~il [Civil$earchHOfT1e 11,,991.o http://www.miami-dadec1erk.com/civil/docketinfo.asp?pCase_ Y ear=2007 &pCase _Seq=50... 3/30/2007 ca RELATED t~1F' March 12, 2007 Ms. Joanne Carr Planning Director City of Aventura 19200 West Country Club Drive Aventura, FI 33180 Re: LOEHMANN'S Plaza Redevelopment (The Venture) Bldg "FF" Demolition & Rework Dear Joanne: By way of this letter, TRG Regina Square, Ltd, respectfully requests an extension of one year to complete the work associated with the Loehmann's Plaza building "FF" rework. This extension request is due to unforeseen delays in the relocation of several tenants currently doing business in Building "FF". These tenants are scheduled to move into The Venture retail spaces but have not yet completed their tenant improvements. Your consideration of this request is greatly appreciated and we look forvvard to your response as to what the next step is in granting this extension. If you have questions, please call me at 305.460.9900. Thank you for your attention to this matter. Sincerely, TRG REGINA SQUARE, LTD. ~~c Ivan Heredia Vice President CC: Savi Moliterno, Prudential Real Estate Charles J. Walters, Prudential Real Estate Marc Boucher, SEC Commercial Realty Jeff Scott, SEC Commercial Realty THE RELATED GROUP 3155, Biscayne Blvd., Miami, Florida 33131 T 3054609900 F 305 4609911 www.relatedgroup.com MAR. 30. 2007 10:52AM ~ ~ -8 ::1 ~ 11. ..L-l .s oS "i'=' ~ <::t == ca .0 Q.tJ)(O Q)>..... J!1), Q'C (1') \,WI -Q(?S; ;> a..c<<lCS> < [~~~ o >u.. ~ ~.::= ........ ~aL---.J ~ s: e i.O ~ CS3~ A ,ooe- y ._.....@ c:cn- ~~~<( ...L...3 E 0 .....,.,., 00 e~ O~ U ~ ,'.."."!'" .........~. "1 '..~B/Ze 39ldd SOUTHEAST CENTERS c ~ (I,) - Ca. CD e c 0 t'G~ E~ cti ....a. o :s >.,U '- () ~O .... 00 c. E Go) Cl)1\; ~() .- ..... ~ CD o o ~ (.) o d 8 I- o o () I- o !~ ~ ~ .0..: ~ ~ E ~ ;::, .... Z 0 _ loo. ~ .~ ~ CIS Q) ..... o 0. 0 ~ ~ E CE en <n e .;... "0 .9 ~ i j I i !Z€elSE6H\38 I 68'[ lOd3U 3OI.::I.:jO NO. i!:i ..... (:~ F (::. ,,' ffl Q) If ~. ~ ~. i 9Z=S@ L00Z/0E/EB LAW OFFICES OF JEFFREY A. SARROW, P.A. 300 South Pine Island Road, Suite 304 Plantation, Florida 33324 (954) 475-3188 Telefax (954) 474-4416 March 30, 2007 Ms. Joanne Carr Planning Director City of A ventura 19200 West Country Club Drive Aventura, Florida 33180 re: Loehmann's Plaza Fashion Island Demolition and Redevelopment of Building "FF" Dear Ms. Carr: I represent the Prudential Insurance Company of America, and owner of Loehmann's Fashion Island. I am writing to join in the prior request ofTRG Regina Square, Ltd. for an extension of one year to complete the work associated with the Loehmann's Plaza Building "FF" rework and demolition. Presently, there are two remaining tenants in building "FF": Fuji Hana Japanese Restaurant in Bay #740 and R & I Salon, Inc. in Bay #720. The Japanese restaurant will relocate to their new space in the Venture Shops (the ground floor retail under the Residences at Aventura) by April 7, 2007. This tenant has completed the build-out of their space and is waiting for the issuance of their [mal Certificate of Occupancy by the City's Building Department. R & I Salon, Inc. will also move to a new suite at the Venture Shops. The build-out of their space is not complete. This tenant is responsible for the build-out and completion oftheir new space. Work completed by R & I Salon's general contractor has moved at a slower pace than we had hoped, causing significant delays in demolition of building "FF". Construction of the suite is now in its final stage. In the latter part of2006, notices were issued to R & I Salon which implored this tenant to expedite its buildout work in the Venture Shops in time to vacate the premises by mid-February 2007. On January 17th, 2007, I wrote to this tenant once again advising that it is imperative that R & I Salon, Inc. "be prepared to fully and completely their space no later than February 15th, 2001". When this tenant failed to do so, my client filed a tenant eviction action on February 27,2007. Unfortunately, this litigation has become a contested matter and the County Courts do not move as swiftly as we all would like. Nevertheless, the case is now set for mediation on April 4th, 2007, to be followed by trial "subject to the Judge's schedule". Although it is possible that the case may be tried on or about April 4th, it is more likely that the case goes to trial in mid-April. Nevertheless, we are negotiating with this tenant in an effort to resolve the issues relating to the vacation of Bay #720 which will then, hopefully, permit the demolition to go forward. I believe that it is entirely possible that the tenant will be out by April 20th, 2007. Ms. Joanne Carr Page Two March 30, 2007 My client would greatly appreciate your consideration of its request, and that ofTRG Regina Square, Ltd. to extend the demolition permit and other matters relating to the demolition of the "FF Building" . V ery truly yours, JEFFREY A. SARROW JAS:scs C:\Documenls and Scuings\Sandi Smith\My Documents\SE\R&I salon\avcntura planning Itr.wpd BROWARD COUNTY ..-.-.-.-. . DADE COUNTY:. :. :. :. :~ :. .. :1 :. :. :. :. :. :. '. :. :. :. :. :. :. IVES DAIRY RD. ' .. :. :. :. :. :. :. :. :. :. :. :. :. :. :. .. . :. :. :. :. :. :. :. :. :. .. :- :. :. :. .. j- :. .. . ~ J: W X is s: MIAMI GARDENS DR. 201 TEA. AVENTURA ~\)J\)' Fire I D Rescue Aventura Station Library c:i ~ CD z tti o o Al'entura Mall ! 192 ST. 192 ST. 191 ST. g CD z & o Atlantic Ocean LEGEND e r - Roadways . . . . . . City Boundary ZIP Code Boundary _______u._ Railroad r--.-...-""'- 1:::..1 . ..-- Exhibit 2 (OS-CU-02 MOD2) l ~ '" ~ i11'111 I-"""~. 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I ~ ~ i ~ III HUll ~ i ~ ~\n nUl! ~. ~I \ III ~ I gl ~ -" ~ ~i ; i ; e ~ ~! ~ ~ ~ , ~ ~ HHUP ~8UUil;! ~~ ~~IU ~n ~. ..... ,... ~8 ~ oW:E 7 :s,... 0( .-c !! .c I ~ )C::) -' lI.ly II. I ~ II) .. e ~ I o ~ w A 5,.l! wuh ~Hnl ~~ I .... , " ~ ~ J t~ il ! ~li · ell II I~! W. ~ lId u. u ".1; I , ~ s. ~~ H, i,i ll~ !~2 h'I' ~~ I x (j ~ !i! · ~ il ,~~!~~ ! ~ .~ ,~~~ ~ "il i~ ~ H RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, CONCERNING AN APPLICATION FOR MODIFICATION OF CONDITION NUMBERED 5. OF THE CONDITIONAL USE APPROVAL GRANTED THROUGH RESOLUTION NO. 2002-46 TO EXTEND THE TIME TO DEMOLISH BUILDING "FF" AND TO CONSTRUCT THE ROADWAY, OFF-STREET PARKING AND INTERFACE WITH THE EXISTING PLAZA ON THE LOEHMANN'S PLAZA SITE AT 18741 BISCAYNE BOULEVARD, AVENTURA, FROM APRIL 25, 2007 TO APRIL 25, 2008; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned TC1, Town Center District; and WHEREAS, the applicant, through Application No. 05-CU-02 (Modification 2), has applied for modification to Condition numbered 5 of the conditional use approval granted through Resolution No. 2002-46 to extend the time to demolish Building "FF" on the Loehmann's Plaza site and to construct the roadway, off-street parking and interface with the existing plaza, from April 25, 2007 to April 25, 2008; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that it is in the best interests of the City to grant an extension of one hundred and eighty (180) days to the applicant, subject to the conditions provided in Section 1. of this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, THAT: Section 1. Modification to Condition numbered 5 of the conditional use approval granted through Resolution No. 2002-46 to extend the time to demolish Building "FF" on the approved Demolition Plan and to construct the roadway, off- street parking and interface with the existing plaza, for one hundred and eighty (180) Resolution No. 2007- Page 2 days from the date of this resolution on property legally described in Exhibit "A" to this Resolution, is hereby granted upon the following conditions: 1. In the event that the applicant requires further additional time to complete the work, the City Manager may, for good cause shown, grant an additional ninety (90) day extension of time. Good cause shall include, without limitation, good faith inability to remove any existing tenant in Building "FF" due to actions or inactions of the tenant(s). Any further extension may be granted only by resolution or motion of the City Commission. 2. The applicant shall provide a bond to the City in the amount of $250,000 to guarantee completion of the demolition of Building "FF" and construction of the new roadway, parking area and interface with the existing plaza on the Loehmann's Plaza site. Such bond shall be in form approved by the City Manager and City Attorney and shall provide that it may be forfeited by the applicant for the benefit of the City if the work is not completed within the specified time limit. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the decision of the City Commission herein provided and to indicate such decision upon the records of the City. Section 3. Effective Date. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by , who moved its adoption. The motion was seconded by , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner T eri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution No. 2007- Page 3 PASSED AND ADOPTED this 10th day of April, 2007. 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 ,2007. CITY CLERK Exhibit "A" Legal Description A portion of Tracts B & C, REGINA SQUARE SUBDIVISION, according to the Plat thereof as recorded in Plat Book 113, Page 27, of the Public Records of Miami-Dade County, Florida, lying in the SW 1/4 of Section 3, Township 52 South, Range 42 East, City of Aventura, Miami-Dade County, Florida and being more particularly described as follows: Begin at the Northeast corner of said Tract "C"; the following three (3) courses being along the Easterly and Southerly line of said Tract "C" said line also being along the Westerly right-of-way line of N.E. 29th Avenue and Northerly right-of-way line of N.E. 187th Street as shown on said Plat of REGINA SQUARE SUBDIVISION, (1) thence South 00E38'10" East for 260.56 feet to a point of curvature; (2) thence Southerly and Westerly along a 128.90 foot radius curve leading to the right, through a central angle of 90E41'25" for an arc of 204.03 feet to a point of tangency; (3) thence North 89E56'45" West for 126.02 feet to the Southwest corner of said Tract "C"; thence North 89E56'45" West along the South line of said Tract "B" also being said Northerly right-of- way of N.E. 187th Street for 364.91 feet; thence North 00E03'15" East for 443.27 feet; thence South 89E56'45" East along a line parallel with said South line of Tract "B" for 616.05 feet; thence South OE38' 10" East along the East line of said Tract "B" also being the West right-of-way line of N.E. 29th Avenue for 52.27 feet to the POINT OF BEGINNING. JAN-26-2007 15:45 P.02 ~4-t-7 SUBCONTRACT AGREEMENT THIS SUBCONTRACT AGREEMENT ("Subcontract") is made as of the 2t1-iVl day of January, 2007, by and between Fortune Construction Company, 315 S. Biscayne Boulevard, Miami, Florida 33131, ("General Contractor"), and ABC Land Clearing and Demolition, LLC, 9165 Froude Avenue, Surfside, Florida 33154 e~Subcontractor"). WHEREAS, General Contractor entered into an agreement with TRO-Regina Square, Ltd. ("Owner") for work to be performed at The Venture Phase IB, Building FF Demolition and New Retail Parking ("Prime Contract') located at 18753.18769 N.E. Biscayne Boulevard, Aventura, Florida ("the Project"). WHEREAS, it is the intention of Gel1e.ral Contractor to engage the services of Subcontractor in connection with a portion of the work required of General Contractor under the Prime Contract more specifically Demolition of Building FF and Concrete Paver Restoration C'the Work"); WHEREAS, Subcontra.ctor desires to perform t..'1e Work in accordance with the tenns and conditions of this Subcontract Agreement. NOW, THEREFORE, for good and valuable consideration, the following terms and conditions are hereby agreed to by General Contractor and Subc<>ntractor: 1. SeoDe of Work Subcontractor shall furnish all n.ecesslU'y labor, manpower, materials, tools, equipment, supervision and services necessary to diligently prosecute and complete the Work as identified and described in Exhibits "A - Contract Documents" and "B - Scope of Work - Demolition Work" attached hereto and incorporated herein by reference. Subcontractor shall also be bound by all the tenns of the Prime Contract and assumes all the obligations of General Contractor as stated therein which are applicable to this Subcontract. The Work shall be perfonned strictly in accordance with all of the Contract Documents and Scope of Work as described in Exhibits "A" and "B". Subcontractor speoifical1y agrees that it is fully responsible for the protection of all Work and the adjoining areas hereunder until full completion and final acceptance by General Contractor and that it will make good or replace at no expense to General Contractor or Owner any damage to or loss of the Work which oeem'S prior to said final acceptance. Subcontractor agrees to keep all areas of the Project site free from. any accumulation of waste materials, debris and rubbish. Upon fmal completion, Subcontractor shall remove and clean up all rubbish, implettlents, debris and surplus materials. I JAH-26-2007 15:45 P.03 2. Contract Priee Subcontractor shall be paid for the complete performance of tbe Work above the total sum of Eighty Six Thousand Seven Hundred Fifty ($86,750) Dollars ("Contract Price") which shan include the cost for aU Work (labor, materials, supplies, equipment), all fees, permits and taxes applicable thereto. 3. Time ofCommenClemeut and for CompJetion The Work shall be performed in two phases - the first is the demolition phase and the second is the concrete paver restoration phase. The demolition phase Work shall commence immediately upon receipt by Subcontractor ofa Notice to Proceed and shall be completed within 15 days thereafter time being of the essence. The conCrete paver restoration phase shall commence immediately upon receipt by Subcontractor of a Notice to proceed for the second phase and shall be completed within 15 days thereafter time being of the essence. If Subcontractor delays the work, Subcontractor shall, at its own expense and cost, work such overtime as may be necessary to recover the delay in the completion of the Work. The Work shall be subject to inspection at any reasonable time, without notice, by the General Contractor and Owner and any governmental officials having jurisdiction. If Subcontractor fails to complete the Wark on time due to its own fault or the fault of its sub-subcontractors, suppliers, employees and agents, liquidated damages in the amount of $500 per day will be assessed to Subcontractor. Time herein is of the essence. Should the Work be delayed due to the fault of third parties or Acts of God, the contract time shaH be adjusted however there shall be no adjustment to Contract Price, 4. Termination bv General Contractor or Owner for Convenienee or with Cause General Contractor reserves the right to give three (3) days notice of its intent to terminate this Subcontract for convenience or with cause upon default by Subcontractor. In the event General Contractor gives Subcontractor such notice, Subcontractor agrees to withdraw its employees and equipment from the work site and Subcontractor shall be entitled to be paid its actual costs incurred to the effective date of the termination. Subcontractor shall not be entitled to any further compensation or damages under this clause. 5. ConstmetioD Liens Upon receipt of any payment under this Subcontract. Subcontractor shall deliver to General Contractor a waiver and release of claims and liens, on such form and in such rnannef as General Contractor may require. Subcontractor shall defend, indemnity and hold ham11ess General Contractor and Owner from any liens or encumbrances resulting from Subcontractor's Work. If any such lien or encumbrance is olaimed by Subcontract"r's sub-subcontractors, laborers, suppliers or materialmen, Subcontractor shall forthwith discharge same by posting a lien transfer bond or providing other reasonable assurance of payment satisfactory to General Contractor. 2 / JAN-26-2007 15:45 P.04 6. PaYMtnt Payment of the Contract Price shall be made to the Subcontractor as follows; Demolition and BuHding FF - $70,250 payable asJollows: $10,000 to be paid upon commencing the Work. Final payment of $60,2~0 to be paid ten (10) days after (a) full completion of the Work; (b) final inspection and acceptance orille Work by the General Contractor and (0) final payment by Owner to General Contractor for said VI ork under the Prime Contract. Paver Restoration and Concrete Header: curb. $16,500 payable as follows: $3,000 to be paid upon commencing the Work. Final payment of $13,500 to be paid ten (10) days after (a) full completion of the Work; (b) final inspection and acceptance of the Work by General Contractor and (0) final payment by Owner to General Contractor for saId Work under the Prime Contract. 7. CbaulIeB in the Work No additional or extra work whatsoever shall be perfonned or change to the Work shall be made W1less and pursuant to a written order from the General Contractor expressly stating that the General Contractor has authorized the extra work or change, and no claim for additional compensation or credit shall be valid unless so ordeted. Prior to perfonning any additional or extra work, Subcontractor shall deliver its detailed estimate of the value and time involved. Subcontractor and General Contractor sha.ll attempt in good faith and promptly to agree, in writing, as to the actual adjustment of the Contract Price prior to any additional or extra work being perfonned. 8. SubeoDtraetor's Insurane~ SubontractoT shall carry sufficient workmen's compensation, general public liability and property damage insurance, and aU other insurance as may be requIred to protect adequately its Work, workmen, and the public at all times, and protect, fully indemnify, defend and save General Contractor, Owner and the City of Aventura harmless from any liability, claims, suits Or actions of any kind arising from any act or omission of the Subcontractor, its agents, servants, employees, subcontractors, or suppliers, or anyone performing any part of the Work. The limits of the Subcontractor's insurance policy shall be at least $1,000,000. General Contractor, Owner and the City of Aventura shall be named as additional insureds on Subcontractor's cornmercialliability insurance policy and Subcontractor's insurance shall provide a waiver of subrogation in favor of General Contractor, Owner and City of Aventura. Subcontractor shall notIfy Contractor and Owner in writing thirty (30) days in advance of insurance termination, cancellation or modification. Before commencing the work, Subcontractor shall furnish a certificate of insurance showing the required insurance in force. Su~ntractor agrees to waive all rights against General Contractor, Owner and City of Aventura for damages or losses to the extent covered by insurance. 3 / J~I-26-2007 15:46 P.05 9. Final Affidavit and Release Concwrently with receipt of fInal payment for the total Contract Price hereunder, Subcontractor shall deliver to General Contractor a final release of all claitns including rights or claims of liens of Subcontractor, its sub-subcontractors and suppliers, furnishIng services or material for the Work, and an affidavit certifying that all labor, materialmen, supplies, equipment and subcontractors have been fully paid and final releases have been delivered by them. to. Guarantees and Warranties Subcontractor agrees to deliver to General Contractor for the benefit of and in the name of General Contractor and Owner, on or before the date the General Contractor acknowledges the Work as fully completed, all of Subcontractors, the sub-subcontractors' and manufacturers' guarantees and warranties obtained by Subcontractor relating to the labor, materials, equipment and workmanship in the Work. 11. Subcontraetor's Warl'3nty All Work shall be performed in good and workmanlike manner. Subcontractor agrees to be responsible, for a period of one year subsequent to the date of final payment of the Contract Price, for the remedy, correction and repair of the Work due to defective workmanship or materials in the Work; $laid remedy, correction or repair shall be at Subcontractor's sole expense and shall lnelude replacements or renewals when necessary and be equal in quality and class to the original, This covenant and obligation of the Subcontractor shall survive the completion of the Work, the acceptance of the Work, and full payment of the Contract Price and shall continue in full force and effect for the aforesaid period of time, 12. Assignment Subcontractor shall not assign aU, or any part, of this Contract nor any payments hereunder without first obtaining consent in writing from General Contractor, 13. ADPlieable Laws This Subcontract shall be governed by and construed in accordance with the laws of the State of Florida. Subcontractor shall, at its sole cost and expense, comply with the laws, statutes, ordinances and govenuncntal rules and regulations now or hereinafter in force or effect with respect to the Work at the Project. 4 I JAN-26-2007 15:46 P.06 14. Permits and Taxts Subcontractor shall pay all sales, consumer, use, payroll and other similar taxes required by law and shall secure, at its own expense, all pennits, fees and licenses necessary tOt the execution of the Work under this Contract, including aU necessary inspections by all governmental agencies. 15, Subcontractor's Indemnification Subcontractor shall indemnify, defend and hold General Contractor, and the City of Aventura, their agents, representatives and employees from and against all claims, damages, losses and expenses including, without limitation, attorney's fees and costs, arising out of or resulting from the performance of the Work, provided that such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death or to injury to or destruction of tangible property including the loss of use resulting therefrom, and (2) is caused in whole or in part by any act or omission of the Subcontractor, any sub-subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable. Subcontractor acknowledges that this indemnity is in consideration of $100 paid by General Contractor to the Subcontractor by refund of that portion from the Contract Price. 16, ComnUu.ce with Law aDd RermlatioD$. The Work and workmanship must be of good quality and adhere to all Federal, State and Iocal1aws, regulations and ordinances pertaining to this Contract. Subcontractor must possess all necessary licenses. Subcontractor shall fully comply with the requirements of the Occupational Safety and Health Act and Construction Safety Act and aU safety standards and regulations promulgated by law. 17. Notice.\! All written notices shall be delivered to the parties addresses as set forth on Page 1 oftbis Subcontract and shall be deemed given only when personally delivered, given by em ail or mailed via certified mail, return receipt requested. 18. Inspect.f). of Site Subcontractor acknowledges that its authorized representatives have personally inspected the Project site and satisfied itself as to the physical and existing condition thereof and that Subcontractor has received and reviewed Ii copy of the Asbestos Demolition sUJ;Vey prepared by PSI, Inc. dated 11/3/06 including the roof asbestos ~esting report of 11/22/06. 5 / JAN-26-2007 15:46 P.0? 19. Entire AllI'eement. This Subcontract constitutes the entire agreement between the parties and supersedes all prior bids, proposals, negotiations, representations and agreements, either written or oral with respect to the subject matter hereof. This Subcontract may not be changed in any way except in writing signed by the parties' duly authorized officers or agents. The prevailing party in any dispute involving this Subcontract shall be entitled to a recovery of attorney's fees and costs. IN WITNESS WHElaOF. the undersigned have executed this Subcontxact Agreement as of the date first set forth above. GENERAL CONTRACTOR: SUBCONTRACTOR: ABC LAND CLEARING AND DEMOLITION, LLC \, " Print Name: Roberto Rocha G/' Print Title: Exec. Vice President 'f0.,. ~ ~ P~nt !'1~e:~u..<J 1) ~Lf Q/.l Pnnt flile: V \(Q ~ V--..e~.c~:t- 6 JAN-26-2007 15:46 Exhibit "A" THE VENTURE PHASE 1B Contract Documents Sheet No. Title Consultant Nt A Cover Sheet - Drawing Index CM! Fortba, Leavy, Skiles, Inc. lof4 2of4 30f4 4of4 Cover Sheet Grading and Drainage Plans Pavement Markings & Geometry Plan Paving and Drainage Details Arehitedure Arquitedonica Demo-l A.IOO Demolition Plan Bldg. FF Site Modification Plan Eleetrieal EntrlDeerin:l! FES E- t Lighting Plan LaDdscaDe Architecture Date/Rev. I 0-09-06 lO-09-06/1 I 0-09-06 Curtis+Rogers Design Studio, Ine. Ll Planting Plan L2 Planting Notes & Details 7 P.08 j JAN-26~2007 15:46 P.09 TIlE VENTURE PHASE IB EXHIBIT "B" Stope of Work Demolition Work A. GENJRAL: The Work includes all items necessary to provide the Complete Denaolition of Building FF at 18753-18769 NB Biscayne Blvd., Aventut"a, Florida pet" contract documents, including all labor, materials, tools, hoisting, debris removal scaffolding, equipment, taxes, overhead, profit, fringe benefits, insurance and etc. B. SCOPE OF WORK: The Work is based on SCOPE DOCUMENTS. As scope documents, the drawings, details and specifications do not necessarily indicate or describe all Work required for the full petfonnance and completion of the requirements of the Contract Documents. On the basis of the general scope indicated, the Subcontractor shall use all reasonable care to include those items necessary and/or implied, but Dot necessarily detailed, on the Contract Documents, ine.luding but not limited to the following: 1. Complete demolition of Building FF per contract documents. Subcontractor acknOWledges receipt of asbestos demolition survey report prepared by PSI, [oc. dated tIll 3/06. 2. Hauling debris to DERM approved site. 3. Remove all underground foundation footings and slab on grade, 4. Rough grade to an elevation of 4" below pedestrian mall at front. 5. Obtain and pay for all demolition permits (Owner to pay for master building pennit). 6. Provide temporary fence with gates, barricades, temporary lighting as required to secure site. 7. Repair and restore all damaged asphalt paved areas, concrete curbs and sidewalks, and existing landscaping to their original condition. Subcontractor has reviewed the existing site conditions. 8. Concrete paver restoration using existing and new matching pavers inCluding a perimeter concrete 8" X 811 retaining concrete header with (2) #5'8 cont. Currently, contract drawings show 8" X 12" with 2 #4s however this will be corrected. Contractor understands this work will be phased in at the end of the project. This item is an additive alternate of$16,500. 9. Coordinate, secure and cap all utility service,disconnections including but not limited to electricity, water, sewer, telephone and natural gas presently serving Building FF. 8 I JAN-26-2007 15:46 P.W 10. Removal of one grease trap structure and two sanitary manholes (grease trap) as shown on the contract documents including filling and compaction of resulting voids with approved filL 11. Attend pre-construction meeting and coordinate all work with Owner's representative. 12. The Subcontractor acknowledges that the project area is bordered by an existing retail shopping center to the north and west and by a residential condominium to the south. In view of the above, the subcontractor will coordinate all work to avoid disturbance and disruption of existing activity in compliance with municipal regulations including performing work during acceptable hours and lor days and controlling dust and noise to the extent possible. 13, Provide all protection work required to perform its work 14. Subcontractor shall obtain its permit by 3-1-07. Contractor win send the subcontractor a notice to proceed to establish the commencement date of demolition work and the contractor will have err calencfai^dayS)to complete its work. after commencement date. There wiIlbe a separate--nonc1rCo\proceed with the paver restoration and concrete header band phase of work and a separate 1\5 calendar days schedule of completion. ~ :?) \J-) e.,<(.{::: .$ !/'"~;( ...._'---:'_.-=':~-=.=..====::=:~:._:: _.~.'_~ I \ ':, '-.) THE END OF THE SCOPE OF WORK / 9 TOTAL P.ll2l . " .' ~: ~ ;..J.~:~:.:' :..ti.~\ :~#I~ ...~:".,I!... ~~i~~~~:il~'i#;(;';\.~...~.. . .' ..".:. ': "::':::';' , ~ .':-" .~ .' ';:'ii~~~i;l'f~'{ij~;':;-~_ ;,::..'".'':.:;:::: .~.:'-.~': ...:.... ~~l~~Jii~jI(f:;~~;' \!~ .. I '; ... ...:....: iSO!tnt MJ.if.; 5i:2fa'G~! :- lt1d " F.R ff~oom 15Y. 2 ,:' .~': Q€=G~t~i~~"19 ~:. , " .:. ::.." -....-: -~ .= -":.. ~' ':'; :. I ~~}::_=~~t=.q~jt:i:jJ l. -, , :: " .." ;<..;.. "~ "w',:-' ~~11[..:J 1075 i3"i!l NAC.Hl~VI~ f.lA ~:~36 23.%T Gf,ifJ.1Xl R ~;Z~1Q7 lfPK 32326 7~3342 :, .' ',,~ ~ ~.. ',:-", ".;:~ 1] f).:i -r:n:t~ O€Or -f>::IJ,_-f ~'oooo [\);I. m 'l!: -! OD"U ~ I g<C{)':~ ~~2i~ gZZ--Q. b;^r()-l. ~ -<09 (:. ,,~. ~,) --<r -'0:' ~~ "" ~' " '" ~ \. J " \' ...,.. A:,. . ,; ,\~\3 a J$Q " .... , .,., ~ 'C) J~.;. -::; :i:- e> '."'-..\(t,,:,, ,~. 'i' ,t -:t/A-'" COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO. 07-5002-CC-23 FLORIDA BAR NO. 149005 THE PRUDENTIAL INSURANCE COMP ANY OF AMERICA, a New Jersey Corporation Plaintiff, vs. R & I SALON, INC., a Florida corporation d/b/a! En Vogue Defendant. / STIPULATION FOR SETTLEMENT Plaintiff, THE PRUDENTIAL INSURANCE COMPANY OF AMERICA and Defendant, R & I SALON, INC., being desirous of amicably resolving their differences do hereby stipulate and agree as follows: Recitals A. On May 8th; 2000 Plaintiff and Dray, Inc. entered into a lease agreement ("the lease") which provided for the rental of certain property located at 18761 Biscayne Blvd., A ventura, Florida 33180 aIkIa Bays 710 and 720 (the "demised premises"). The demised premises are located within the Loehmann's Fashion Island Shopping Plaza owned by the Plaintiff. ,.- .... B. The lease was .assigned by Dray, Inc. to Defendant, R&I SALON, INC. C. The parties disagree as to whether the lease has expired, and has been terminated. R&I continues to remain in possession of the demised premises as of the date of this Stipulation for Settlement. D. The parties are desirous of providing for a procedure whereby R&I SALON, INC. shall vacate the demised premises by a date certain so as to enable Plaintiff to comply with its obligations to demolish the building which house the demised premises. NOW THEREFORE, the parties do hereby stipulate and agree as follows: 1. R&I SALON, INC. shall completely vacate the demised premises no later than midnight April 15, 2007, time being of the essence. 2. R&I SALON, INC. shall be permitted to immediately temporarily occupy those stores (bays) previously occupied by Liberty Travel and Magenta situated in the Loehmann' s Fashion Island Shopping Plaza. (the substitute space). 3. R&I SALON, INC. shall vacate the substitute space no later than midnight May 15, 2007. The substitute space shall be left in the same condition which existed at the time of R&I SALON, INC.' s initial occupancy of said premises. 4. From the date of this Stipulation through its vacation of the substitute space, R&I SALON,IN(:. shall continue to pay monthly rent to the Plaintiffin the amount of$6,879.36. 5. The parties acknowledge that the Defendant owes the Plaintiff$5,350.00 representing rent for February and March 2007 for the use and occupancy of Bay No. 710. Additionally, the Defendant owes Plaintiff for its use and occupancy of Bay 720, the sum of$6,63~;~) repFisEmtlag ~.{ vi )v~ , FeRtf0fMarca.200~aatl $6,879.36 representing rent for April 2007. No laterthan April~ 2007, the Defendant shall pay to the Plaintiff the sum of $ "l-' 7'5. ()() to reduce the aforesaid rent arrear ages. The balance of said arrearages in the amount of $ q t; 5<t. 1C.shall be p~id by the -2- Defendant to the Plaintiff on or before Aprill.f:L , 2007. 6. Should the Defendant fail to comply with any of the terms and conditions of this Stipulation, time being of the essence, then, in such event, Plaintiff shall be entitled to entry of a final judgment of eviction, awarding possession of the demised premises, or the substitute premises as the case may be, to the Plaintiff upon presentation of an affidavit of default specifying the Defendant's noncompliance. It is agreed that such affidavit of default and final judgment may be entered g ~, hut with notice to Defendant's counsel. Said judgment shall reserve jurisdiction fer the taxatien .of costs and reasonable atterneys fees. . 7. - Sheuld the Defendant comply with all efthe terms and conditiens of this Stipulation, time being.of the essence, Plaintiff shall then cause to he filed a Notice .0 f Voluntary Dismissal with Prejudice eftbe within action, each party te bear their own cests and attorneys fees. Dated this 'I day .of April, 2007. e& ~",~~~ JEFFREY A. tiRRow, P.A. Atterney for Plaintiff, THE PRUDENTIAL INSURANCE COMPANY OF AMERICA 300 S. Pine Island Read Suite 304 PlantatieIl, FL 33324 (954) 475-3188 Florida Bar Ne. 149005 DA M.LAZARUS, ESQ. Fromberg, Perlew & Kornik, P.A. Attorney fer Defendant, R&I SALON, INC. 18901 NE 29th Avenue Suite 100 A ventura, Florida 33180 (305) 933-2000 ."", ... Florida Bar No. 380237 -3- CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICM DATE: March 12,2007 SUBJECT: Proposed Amendment to City Occupational License Tax Ordinance 1st Reading April 10, 2007 City Commission Meeting Agenda Item gA 2nd Reading May 1, 2007 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the enclosed proposed Ordinance which has been drafted by the City Attorney, in order to amend the City's occupational license tax ordinance to conform to an amendment to Chapter 205, Fla. Stat., which was made effective on January 1 , 2007. BACKGROUND Effective January 1, 2007, the state legislature amended municipal occupational license tax provisions of Chapter 205, Fla. Stat., to delete references to "licenses" and to characterize the municipal occupational license tax as a "local business tax" for which a "receipt" is issued. The legislature made this change because it found that certain persons throughout the State of Florida were using the term "licenses" as a vehicle to falsely indicate to consumers that the business had been determined to be qualified and competent to provide certain services. The amended provisions of Chapter 205, Fla. Stat., clarify that the local occupational license is simply a local business tax and that persons who pay the tax receive a receipt, rather than a license. The local business tax continues to be a legislative authorized tax upon the privilege of doing business. The proposed Ordinance serves to amend the City Code, so as to conform to the revised nomenclature provisions of Chapter 205, Fla. Stat., and is effective retroactively to January 1, 2007, to coincide with the effective date of the amendments to Chapter 205, Fla. Stat. In August 2007, the annual local business tax receipt renewal process will begin for the tax period which commences October 1 , 2007. Memo to City Commission Page 2 Please contact me or the City Attorney if there are any questions on this matter. EMS/act Attachment cc: Teresa M. Soroka, MMC David Wolpin, Esq., City Attorney CC01568-07 ORDINANCE NO. 2007-_ AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA; AMENDING THE CITY CODE BY AMENDING ARTICLE II "OCCUPATIONAL LICENSE TAXES" OF CHAPTER 18 "BUSINESS REGULATIONS, LICENSES AND PERMITS" TO CONFORM WITH RECENT REVISIONS TO FLORIDA STATUTE CHAPTER 205 BY CHANGING THE TERM OCCUPATIONAL LICENSE TO LOCAL BUSINESS TAX RECEIPT; MAKING COLLATERAL CONFORMING AMENDMENTS TO OTHER AFFECTED PROVISIONS OF THE CITY CODE INCLUDING SECTIONS 2-348, 2-396, 14-62, 30-95, 31-21, 31-150, 31-191, 38-32, 45-35; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature amended Fla. Stat. Chapter 205 by changing the term occupational license to local business tax receipt; and WHEREAS, this change was necessitated by unscrupulous persons who presented the occupational licenses to consumers as proof of competency to perform certain services; and WHEREAS, the Commission finds that it would be prudent to change the corresponding municipal code to reflect the state law's changes. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS! Section 1. Recitals Adopted. That each of the above stated recitals is hereby adopted and confirmed. Section 2. Chapter 18 of City Code Amended. That Article II "Occupational License Taxes" of Chapter 18 "Business Regulations, Licenses and Permits" of the City Code, 1/ Proposed additions to existing City Code text are indicated by underline; proposed deletions from existing City Code text are indicated by strik~tBr91:lgR; presently existing text is indicated by the absence of any underlining or StriklltBr911gRS. Ordinance No. 2007- Page 2 is hereby amended to read as follows: CHAPTER 18 BUSINESS REGULATIONS, LICENSES TAXES AND PERMITS ARTICLE II. OCCUPf1TIillt^..L LICENSE LOCAL BUSINESS TAXES* Sec. 18-31. Tax imposed. (a) Every person, as defined in F.S. ~ 205.022(3), engaged in or managing any business, profession or occupation in the City is required to have a City local business tax receipt license and shall, on or before each October I, before engaging in or managing any business, profession or occupation, register with the City their name, profession or occupation, and their place of business. If October I falls on a weekend or holiday, the receipt lieense shall be obtained on or before the first business day following October 1. No person shall engage in or manage any such business, profession or occupation without first obtaining the required local business tax receipt oeeupational lieense. The City Manager or his designee shall develop administrative procedures relating to the issuance of local business tax receipts lieooses and designate the department responsible for implementing the procedures and issuing the appropriate receipts lieenses. (b) This oeeupationwlieoose local business tax requirement shall apply to: (1) Any person who maintains a permanent business location or branch office within the City for the privilege of engaging in or managing any business within the City. (2) Any person who maintains a permanent business location or branch office within the City for the privilege of engaging in or managing any profession or occupation within the City. 2 Ordinance No. 2007- Page 3 (3) Any person who utilizes their home for uses as outlined in subsection (b)(1) or (2) of this section for authorized business activities. (4) Any person who does not qualify under the provisions of subsection (b)( 1) or (2) of this section and who transacts any business or engages in any occupation or profession in interstate commerce where such lieense local business tax is not prohibited by section 8 of article I ofthe United States Constitution. ( c) A person shall be required to pay a lieoose local business tax to the City as outlined in the schedule contained in this article. A lieense local business tax shall be required for each type of business performed at the applicant's location that requires a separate lieeRse local business tax as outlined in the schedule contained in this article. Sec. 18-32. Term of receipt lieeRse; half year receipt lieeHse; transfer of receipt lieense. (a) Lieenses Receipts issued under this article shall expire on September 30 of each year. No license receipt shall be issued for more than one year. For each receipt license obtained between October 1 and April I, the full tax for one year shall be paid, and for each lieense receipt obtained between April 1 and September 30, one-half the full tax for one year shall be paid. (b) Any lioense receipt may be transferred with the approval of the City Manager or his designee when there is a bona fide sale and transfer of the business and the property used and employed therein as stock in trade, and not otherwise. Such transfer shall be made within 30 days after such bona fide sale has taken place. If the provisions of this section are not strictly and completely complied with in every respect, the lieenee receipt pertaining to the business shall be null and void and of no further effect. Such transfer 3 Ordinance No. 2007- Page 4 shall take effect upon payment of a transfer fee of $3.00 and after presentation of evidence of both the sale and of the original receipt license. (c) Upon written request and presentation of the original receipt lieense, any receipt lieel'lse may be transferred from one location to another location upon payment of a transfer fee of $3.00 and upon verification that such use is permitted by the zoning district regulations at the new location. Sec. 18-33. Affidavit of applicant for receipt license; annual filing of information. (a) No lieense receipt shall be issued or granted under this article to any applicant to engage in the business of selling merchandise at retail or wholesale or the practice or pursuit of any profession or occupation coming within any of the categories set forth in this article except upon written application filed with the City. The applicant shall execute an affidavit before an officer or employee of the City authorized to administer oaths, which shall set forth the following: (1) The applicant's name, address and telephone number. (2) The particular location in the City wherein the applicant proposes to engage in the business for which the receipt lieeBse is sought. (3) The date proposed to commence business. (4) A statement as to whether the fee is based on area, capacity, average value of stock carried, number of persons or things employed or engaged, quantity, valuation, or other contingency. (5) The names and addresses of corporate officers. (b) The affidavit shall be filed with the City. 4 Ordinance No. 2007- Page 5 (c) On an annual basis, prior to renewal, the City will may send out a questionnaire and will require all receipt holders lieensees to fill in the appropriate information in order for the City to update its files and determine the correct amount to charge as a local business tax license fee. Sec. 18-34. Prerequisites for granting receipt lieense; certificate of use required; invalid receipts Heenses. (a) A certificate of use shall be required prior to the issuance of any new local business tax receipt oeeapatioaallieense. The fee for such certificate of use is $35.00. (b) No receipt lieense shall be granted under this article until there has been full compliance with section 18-33 and 18-34(a), and no receipt lieoose which may have been granted without full and complete compliance with the provisions of this article shall be a protection to the applicant in any civil or criminal proceeding. Sec. 18-35. Violations; penalties. (a) Any person convicted of violating this article, or of making a fraudulent return, shall be punished as provided by subsection (e) of this section, in the discretion of the court, and in addition such person shall be penalized a sum equal to 25 percent of any local business tax license fee-avoided or evaded by and through the medium of such fraudulent return. (b) Each and every day of selling or disposing of merchandise or engaging in a business or profession without making the affidavit and/or without compliance in full with all of 5 Ordinance No. 2007- Page 6 the provisions of this article shall constitute a separate and distinct violation of this article. (c) No person shall engage in or manage any business, profession or occupation without first obtaining from the City a receipt lieense for each separate location in the City and paying the amount set forth in this article. Any person engaging in or managing any business, occupation or profession mentioned in this article between October 1 and November 1 of each year without first having complied with the provisions of this article and paying the amount of lieense local business tax as provided for in this article shall be declared delinquent. Those receipts lieenses not renewed when due and payable and considered delinquent shall be subject to a delinquency penalty of ten percent for the month of October, plus an additional five percent penalty for each month of delinquency thereafter until paid. However, the total delinquency penalty shall not exceed 25 percent of the local business tax oeeupationallieense fee for the delinquent establishment. (d) A lioense receipt shall be required to cover each and every business advertised by sign, newspaper, magazine or otherwise. Such advertisement shall be considered evidence of conducting the business advertised and shall be a sufficient predicate for conviction by the court or other enforcement authority. Such receipt lioense shall be issued to cover each and every location of such business, and the assessment and amount of such lieense local business taxes are classified and fixed per annum unless otherwise specified. (e) Any person who violates any provision of this article shall, upon conviction, be punished by a fine not to exceed $500.00 or imprisonment in the County jail not to exceed 60 days, or both such fine and imprisonment. Each day that a violation continues 6 Ordinance No. 2007- Page 7 shall be deemed a separate violation. This article shall be subject to enforcement under the Local Government Code Enforcement Act, F.S. ch. 162. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction. Sec. 18-36. Grounds for denial of receipt lieoose . After interview or investigation, the City shall not grant or issue a receipt 1ieense under this article to an applicant when the City has reasonable and probable grounds to believe that: (1) Information provided by the applicant is false. (2) Within the past three years the applicant committed any act which if done by any person with a local business tax receipt lie€lnsed to do business within from the City would constitute grounds for the revocation of the receipt lioense. Sec. 18-37. Appeal of denial of receipt lie€ll'lse. Any person whose application for a receipt lieense under this article has been rejected shall have a right to appeal the decision of the City licensing official to the City Manager by appropriate written petition. Sec. 18-38. Revocation of receipt lieense. (a) Notwithstanding any other section in this article to the contrary, the privilege of doing business within the City allowed by the issuance of a local business tax receipt oeeupational lieense will be subject to a summary administrative revocation by one 7 Ordinance No. 2007- Page 8 written 30-day notice of revocation issued to the local business tax receipt lieense applicant by the official designated by the City Manager, if it is determined that one or more of the following conditions exist: (1) Repeated violations of this Code. (2) Misrepresentations in the application or affidavit. (3) Use of the business location for illegal or unsafe activities. (4) Use of the business location for activities not contemplated in the application. (5) Misrepresentations made to the City during the application and investigation process. (6) Use ofthe business not in compliance with the conditions ofthe receipt lieense. (7) Lack of refuse collection or utility services. (b) Such revocation may be appealed to the City Manager within ten days of notice of revocation. (c) Such revocation of receipt lieoose will be deemed to relate back to the original time of issuance of such receipt lieense as if the receipt lieense had been originally denied at the time of application. Such revocation will be effective immediately. In addition to the grounds listed in subsection (a) of this section, the City Commission or City Manager at any time may revoke a receipt lieense, upon providing written notice and hearing, for violation of any ordinance of the City or law of the State or County or for any other good and sufficient reason in the interests of health, safety and welfare. (d) Nothing in this section shall affect the liability of any person or business as required by section 18-35. 8 Ordinance No. 2007- Page 9 Sec. 18-39. Display of receipt lieense. All persons to whom receipts lieeflses are issued pursuant to this article shall cause the receipts lieenses to be displayed at all times in a prominent place in their business establishments. Failure to display the receipt lieeFlse in such a manner shall constitute a violation of this article. Sec. 18-40. Unclassified business categories. If application is made for a local business tax receipt fI: oeeupationa:l lieense not specifically enumerated in the tax schedule, the City Manager or his designee shall have the authority to determine the most nearly similar category that shall apply to the applicant. Sec. 18-41. Home occupation receipts lieensas. (a) Generally. For purposes of this section, the term "home occupation" shall mean a business or occupation conducted for limited business activities. In any instance where a residential unit is used to conduct a home business consistent with this section, a home use receipt lieanse shall be required. No home use business receipt lieense issued pursuant to this article shall be transferable, assignable or otherwise alienable. (b) Permitted activities. The following limited business activities are permitted subject to a home use receipt lieense being issued: (1) Post and receive correspondence ofa business nature. (2) Initiate and receive business communications by telephone or fax. 9 Ordinance No. 2007- Page 10 (c) Conditions. The issuance of a home use business receipt lioense shall be subject to the following provisions: *** Sec. 18-42. Tax schedule. For the purposes of this article, inventory shall mean the average selling value of annual inventory owned by the business, exclusive of excise tax. Local business oooapational lieense taxes for the following business, occupations and/or professions are hereby levied and imposed: *** Section 4. Section 2-348 of City Code Amended. That Section 2-348 "Schedule of civil penalties" of Chapter 2 "Administration" of the City Code, is hereby amended to read as follows: Sec. 2-348. Schedule of civil penalties. (a) The following table outlines the sections of the Code, as they may be amended from time to time, which may be enforced pursuant to the provisions of this article, and the dollar amount of civil penalty for the violation of these sections as they may be amended. These penalties shall be in addition to any and all other legal remedies which may be available to the City. Each description of violation in the schedule is for informational purposes only and is not meant to limit or define the nature of the violation or the subject matter of the listed Code sections. To determine the exact nature of the activity proscribed or required by the Code, the relevant Code section must be examined. 10 Ordinance No. 2007- Page 11 (b) The following is the schedule of civil penalties: TABLE INSET: Code Description of Violation Initial Civil Penalty Sec. Failing to comply with oooupationallieense local $250.00 and revocation of 18-31 business tax receipt requirements lieense receipt *** Section 5. Section 2-396 Of Chapter 2 Amended. That Section 2-396 "Further Ethics Standards; prohibitions and restrictions" of Chapter 2 "Administration" of the City Code, is hereby amended to read as follows: Sec. 2-396. Further ethics standards; prohibitions and restrictions. (a) Certain appearances, work or payment prohibited. Pursuant to section 2-11.1(m) of the Miami-Dade County Code and as further specified herein: (1) No member of the City Commission shall appear before any City department, board or agency and make a presentation on behalf of a third person with respect to any application, license, local business tax receipt. contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. *** 11 Ordinance No. 2007- Page 12 (b) Continued restrictions after City service. Pursuant to section 2-11.1 (q) of the Miami-Dade County Code and as further specified herein, no member of the City Commission shall, for a period of two years after his or her City service has ceased, lobby the City Commission or any City Officer, department personnel or employee in connection with any quasi judicial, judicial or other proceeding, application, purchasing RFP, RFQ or Bid, request for ruling, or other determination, contract, claim, controversy, charge, accusation, municipal ordinance violation, arrest or other particular subject matter in which the City or one of City's agencies, boards or instrumentalities is a party or has any interest, whether direct or indirect. However, nothing contained in this subsection (b) shall prohibit any individual included within the provisions of this subsection (b) from submitting a routine administrative request or application to a City department or agency during the two years after his or her City service has ceased. The term "routine administrative requestor application", as used herein, means an application for a building permit, local business tax receipt occupational lieoose, regular city recreation facility or park public use permit request, under those circumstances where no variance, waiver or special privilege is requested. Section 6. Section 14-62 of Chapter 14 Amended. That Section 14-62 "Registration" of Chapter 14 "Buildings and Building Regulations" of the City Code, is hereby amended to read as follows: Sec. 14-62. Registration. All contractors performing work within the municipal boundaries of the City, or who have made application for building permits from the City, shall be required to 12 Ordinance No. 2007- Page 13 register annually with the City. All such contractors shall register with the City Community Development Department at the time of the renewal of their local business tax receipt oeel:lpational lieense or within seven days thereof, or prior to the application for a building permit, whichever applies. Registrations must be renewed annually on or before September 30th for the following fiscal year. Requirements for registration shall be as follows: (1) The qualifier for the contractor must provide each of the items listed in this paragraph. Such qualifier must personally appear at the City's Community Development Department for the purpose of registration unless the qualifier does not have a principal place of business located in the State. a. A current certificate of competency. b. A current liability and workers' compensation certificate of insurance, addressed to the City. c. (i) If licensed by Miami-Dade County, both a State registration and Miami-Dade County registration are required; or (ii) Current State certificate (if State-certified contractor). d. A current local business tax receipt oeeupational lieense from the area of primary business. If Col:mty lieeflsed, he mast also pro'/ide a munieipal occupationallieense. *** Section 7. Section 30-95 of City Code Amended. That Section 30-95 "Collection of stormwater utility fee; liens" of Chapter 30 " Environment" of the City Code, is hereby amended to read as follows: Sec. 30-95. Collection of stormwater utility fee; liens. 13 Ordinance No. 2007- Page 14 *** (b) For the purpose of calculating stormwater utility fees, the calculation of ERUs is based upon property usage. The property usage shall be determined by the City based on, but not be limited by, State and County land use codes, local business tax receipts oeel:lpatiol'lallieel'lses and site inspections. *** Section 8. Section 31-21 of City Code Amended. That Section 31-21 "Definitions" of Chapter 31 "Land Development Regulations" of the City Code, is hereby amended to read as follows: Sec. 31-21. Definitions. For the purposes of this chapter, the following words, terms and phrases shall have the meaning herein set out. When these definitions include restrictions, conditions or limitations, such restrictions, conditions or limitations shall be subject to enforcement upon the same basis as other provisions of these Land Development Regulations. *** Hotel shall mean a commercial establishment which provides temporary overnight sleeping accommodations for the general public. No more than five percent of the individual hotel units shall be occupied for more than 90 continuous days by the same occupant of the hotel unit (the "duration of stay restriction"). It shall constitute a violation of this duration of stay restriction to allow any person to attempt to circumvent this 14 Ordinance No. 2007- Page 15 provision by: relocating to another unit in the same hotel; or by allowing a person to temporarily check out of the hotel and subsequently re-register or check back into the hotel for such purpose. Principal access to all rental rooms shall be through an inside lobby or office supervised by a person in charge at all hours. Other typical hotel services must be offered including daily linen and maid service, and receipt and disbursement of keys and mail by the attendant at the desk in the lobby or office, for the occupants of the hotel. No hotel facility shall be converted to or used as a multi-family residential dwelling. Compliance with the restrictions, conditions or limitations set forth in this definition, shall be certified by the licensee receipt holder at the time of issuance and renewal of the applicable City oeeupationallieense local business tax receipt. Section 9. Section 31-150 ofCitv Code Amended. That Section 31-150 "Specific Use Regulations" of Chapter 31 "Land Development Regulations"of the City Code, is hereby amended to read as follows: Sec. 31-150. Specific use regulations. The specific conditions set out below shall be applied to each proposed use during conditional use and site plan review. *** (II) Warehouse-self storage. A warehouse-self storage facility shall not be permitted to contain businesses which require a oee1:lpationallieeflse local business tax receipt for the premises. No wholesale or retail sales are permitted. "Self-service storage facility" shall be defined as a fully enclosed space used for warehousing which contains individual 15 Ordinance No. 2007- Page 16 storage units with floor area no greater than 400 square feet and an interior height not to exceed 12 feet. *** Section 10. Section 31-191 of City Code Amended. That Section 31-191 "Sign regulations generally"of Chapter 31 "Land Development Regulations" of the City Code, is hereby amended to read as follows: Sec. 31-191. Sign regulations generally. *** (b) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandoned sign: A sign is considered abandoned if the business or other use advertised on that sign is no longer licensed, no longer has an oeeapational license local business tax receipt or is no longer doing business at the location to which the sign pertains. *** (h) Temporary signs. The following temporary signs are authorized in the City: (1) Grand opening banner: TABLE INSET: 16 Ordinance No. 2007- Page 17 Residential District Nonresidential District Approvals City Manager. City Manager. necessary: Number One per establishment per calendar One per project. (maximum): year in a multi-tenant center. Sign area 30 square feet. 30 square feet. (maximum): Sign height Four feet. Four feet. (maximum): 14 consecutive days after issuance 14 consecutive days after issuance of Length of of initial oeel:lpationallieel'lse local initial oooHpationallieense local display: business tax receipt. business tax receipt. Frequency: One per year. One per year. Sign copy shall only include Sign copy shall only include "Grand "Grand Opening" and the name of Opening" and the name of the Other the project. Signs shall indicate project. Signs shall indicate restrictions: expiration date on lower right hand expiration date on lower right hand comer. comer. *** 17 Ordinance No. 2007- Page 18 (m) Removal of improper signs. *** (3) Removal or repair costs. Costs incurred by the City in removal or repair of a sign shall be charged to the real property owner on whose property the sign is located. The City shall assess the entire cost of such demolition, removal or repair, which assessment shall include, but not be limited to, all administrative costs, postal expenses and newspaper publication costs. Such charge shall constitute a lien upon such property. The City Clerk shall file such lien in the County's official record book showing the nature of such lien, the amount thereof and an accurate legal description of the property. No oooupationallioense local business tax receipt shall be approved for such a property until the full amount associated with the lien, or the full amount in the event no lien has yet been filed, has been paid to the City by the property owner. Section 11. Section 38-32 of City Code Amended. That Section 38-32 "Franchise required" Chapter 38 "Solid Waste" of the City Code, is hereby amended to read as follows: Sec. 38-32. Franchise required. (a) It shall be unlawful for any person to remove, collect and transport for disposal, from any commercial establishment, multifamily residential establishment or residential unit in the City, solid waste or recyclable material over the streets or public rights-of-way within 18 Ordinance No. 2007- Page 19 the incorporated area of the City without first applying for and receiving the appropriate solid waste franchise from the City to carry on such business. (b) The franchise required by this section shall be in addition to any other permits, registration or oooupational lieeflse local business tax receipt which may be required by federal, state or local law . Section 12. Section 45-35 of City Code Amended. That Section 45-35 "Fees and payments" of Chapter 45 "Telecommunications" of the City Code, is hereby amended to read as follows: Sec. 45-35. Fees and payments. (a) In consideration for the rights, privileges and permISSIOn granted hereunder, a registrant hereunder shall pay to the City annually a sum equal to one percent of gross receipts of the registrant on recurring local service revenues for services provided within the corporate limits of the City. Included within such one percent maximum fee or consideration are all taxes, licenses, fees, in-kind contributions accepted pursuant to F.S. ~ 337.401~ , and other impositions except ad valorem taxes and amounts for assessments for special benefits, such as sidewalks, street pavings, and similar improvements, and oooupational lioense local business tax receipt ~ levied or imposed by the City upon a registrant. In the event that applicable law currently permits or is amended to permit the City to collect a fee higher than one percent, or permits the City to calculate the fee on revenues not specified herein, the registrant agrees to increase, following written notice from the City, its fee payments to the City to that 19 Ordinance No. 2007- Page 20 higher amount on the effective date of such law. In the event applicable law is amended to require the City to collect a fee lower than the current statutory limit, the City shall take all necessary steps to conform the requirements hereof to applicable law. All of the aforestated payments shall be made to the City quarterly, with such payments made within 20 days following the end of each calendar quarter. Payments received after the 31st day shall be subject to interest at the maximum allowed by law. *** Section 13. 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 14. Inclusion in the Code. That it is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of A ventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "0 rdinance" shall be changed to "Section" or other appropriate word. Section 15. Effective Date. That this Ordinance shall be effective retroactively from and after January I, 2007. 20 Ordinance No. 2007- Page 21 The foregoing Ordinance was offered by , who moved its adoption on first reading. This motion was seconded by , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Ten Holzberg Commissioner Billy Joel Commissioner Michael Stem Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Ten Holzberg Commissioner Billy Joel Commissioner Michael Stem Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb PASSED AND ADOPTED on first reading this 10th day of April, 2007. 21 Ordinance No. 2007- Page 22 PASSED AND ADOPTED on second reading this 1st day of May, 2007. ATTEST: Teresa M. Soroka, MMC City Clerk Susan Gottlieb, Mayor Approved as to Form and Legal Sufficiency: ;vI~ City Attorney 22 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: er DATE: SUBJECT: Ordinance Amending 2006/07 Cha er School Fund Budget 1st Reading April 10, 2007 City Commission Meeting Agenda Item gB 2nd Reading May 1, 2007 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance amending the 2006/07 Charter School Fund Budget. The total amount of the amendment is $280,200. BACKGROUND The attached document has been prepared as a clean-up amendment prior to the end of the fiscal year on June 30, 2007. The majority of the new revenue amounts are offset by corresponding expenditures for school operations. REVENUES 1. Recognizes $106,200 from the State of Florida for bonus and school enhancement funds for being recognized as an A rated school and higher than anticipated revenue amounts. 2, Recognizes $44,000 in additional revenue for bus transportation. 3. Recognizes additional revenues from the billboard advertising and school impact fees in the amount of $30,000. 4. Recognizes $50,000 more in revenues derived from fees associated with school field trips. This is offset by direct expenditures associated with field trips. Memo to City Commission Page 2 5. Recognizes additional funding for carry over balances from the prior fiscal year. EXPENDITURES 1. Disburses $79,200 throughout the various school activity budgets for additional teacher bonuses and school enhancement programs relating to the "A" rated state funds. 2. Increases the various teacher salary amounts by $55,000 in order to implement the salary adjustments approved for December 2006 to meet the Miami-Dade teacher pay plan. 3. Increases transit costs by $17,000 to provide for the additional bus to accommodate increased ridership at the beginning of the school year. 4. Increases the field trips line item by $25,000 in the amount of revenues actually received during the year. 5. Increases the Electricity line item by $39,000 to correct an under budgeted account. 6. Increases the building maintenance contract line item by $30,000 to correct an under budgeted account as a result of the opening of the Middle School wing. 7. Increases the building maintenance line item by $35,000 to address the following school building improvement projects: . Repair the playground area. . Correct drainage issues. . Repair air conditioning units. . Replace carpeting with tile in administrative area. If you have any questions, please feel free to contact me. EMS/act Attachment CC01567-07 ORDINANCE NO. 2007-_ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2006-08, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2006/07 (JULY 1 - JUNE 30) BY REVISING THE 2006/2007 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the Aventura City of Excellence School and upon the recommendations of the City Manager (and the concurrence of the Finance Support Services Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 2006/2007 Operating and Capital Budget of the Aventura City of Excellence School as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. The City Commission hereby authorizes the amendment of Ordinance No. 2006-08, which Ordinance adopted a budget for the 2006/2007 fiscal year for the Aventura City of Excellence School by revising the 2006/2007 budget as Ordinance No. 2007-_ Page 2 set forth on the attached Exhibit "A" , which exhibit is deemed incorporated by reference as though set forth in full herein. Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Vice Mayor Luz Urbaez Weinberg Mayor Susan Gottlieb The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner T eri Holzberg Commissioner Billy Joel Commissioner Michael Stern Vice Mayor Luz Urbaez Weinberg Mayor Susan Gottlieb 2 Ordinance No. 2007- Page 3 PASSED AND ADOPTED on first reading this 10th day of April, 2007. PASSED AND ADOPTED on second reading this 1st day of May, 2007. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFIC~Y: H~~ CITY ATTORNEY 3 EXHIBIT A Budget Amendments CHARTER SCHOOL FUND 190 Revenues State Shared Revenues 3359800 Transportation 91,962 44,000 $ 135,962 3359100 Florida Education Finance Program 4,312,333 106,200 4,418,533 SUBTOTAL $ 4,404,295 $ 150,200 $ 4,554,495 Misc Income 3665000 Other Private Sources 110,000 30,000 140,000 3661955 Field Trips 75,000 50,000 125,000 SUBTOTAL $ 185,000 $ 80,000 $ 265,000 Other Non- Revenue 3999000 Beginning Surplus 270,000 50,000 320,000 SUBTOTAL $ 270,000 $ 50,000 $ 320,000 Total Amendments-Revenues Expenditures K-3 5290 Materials & Supplies $ 20,000 $ 6,200 $ 26,200 1220 Teacher 744,060 25,000 769,060 1502 Bonus 10,500 23,000 33,500 SUBTOTAL $ 774,560 $ 54,200 $ 828,760 4 to 8 1220 Teacher $ 1,026,694 $ 25,000 $ 1,051,694 1502 Bonus 8,500 24,000 32,500 SUBTOTAL $ 1,035,194 $ 49,000 $ 1,084,194 ESP 1502 Bonus $ 2,000 $ 6,000 $ 8,000 SUBTOTAL $ 2,000 $ 6,000 $ 8,000 Substitute Teachers 1220 Teacher $ 53,561 $ 5,000 $ 58,561 1502 Bonus $ 1,000 $ 3,000 $ 4,000 SUBTOTAL $ 54,561 $ 8,000 $ 62,561 Media Center 1502 Bonus 500 2,000 2,500 SUBTOTAL $ 500 $ 2,000 $ 2,500 School Administration 4855 Events & Prog/Field Trips $ 100,000 $ 25,000 $ 125,000 EXHIBIT A 1502 Bonus 8,000 15,000 23,000 SUBTOTAL $ 108,000 $ 40,000 $ 148,000 Pupil Transit Services-7800 3190 Prof & Tech Services 158,000 17,000 175,000 SUBTOTAL $ 158,000 $ 17,000 $ 175,000 Operation of Plant 4301 Electricity $ 96,000 $ 39,000 $ 135,000 4635 Repairs & Maintenance 30,733 35,000 65,733 4620 Building Maintenance 90,000 30,000 120,000 SUBTOTAL $ 216,733 $ 104,000 $ 320,733 TOTAL Total Amendments-Expenditures / 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 flk/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 FOR APRIL 10, 2007 in the XXX X Court. was published in said newspaper in the issues of 03/28/2007 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~ adverti t for publication in the said n'w,~ Sworn to and subscribed before me this 28 day of MARCH . A.D. 2007 C~/'~H-~ (SEAL) O,V, FERBEYRE personally ~~t'b~lyt H Marmer ! ~ .; My Commission 00338559 \:~ ",J' Expires July 18, 2008 .3128 F- t{/tO/O 71JrJ . CITY OF AVENTURA NOTlCEOFPU8LIC HEARING .Il; II