06-04-2002
City rJlrnrn_mn
Jeffrey M. Perlow, Mayor
A~e City of
L-\..ventura
..(i)
.~'...n'"
City M.n.~
Eric M. Soroka
Arthur Berger
Jay R. Beskin
Ken Cohen
Manny Grossman
Harry Holzberg
Patricia Rogers-Libert
Cilr Clerk
Teresa M. Soroka, eM C
CityAttonJ""
Weiss Serota Helfman
Pastoriza & Guedes
AGENDA
JUNE 4, 2002 - 6 PM
Government Center
19200 West Country Club Drive
Aventura. Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS: SPECIALLY SET BY COMMISSION FOR 6 P.M.
QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following
items on the Commission's agenda are quasi-judicial in nature. If you wish to
comment upon any of these items, please inform the Mayor when he requests public
comments. An opportunity for persons to speak on each item will be made available
after the applicant and staff have made their presentations on each item. All testimony,
including public testimony and evidence, will be made under oath or affirmation.
Additionally, each person who gives testimony may be subject to cross-examination. If
you refuse either to be cross-examined or to be sworn, your testimony will not be
considered. 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 from the Clerk.
DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS
A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA MODIFYING THE APPROVALS
GRANTED PURSUANT TO RESOLUTION NO. 99-39 ADOPTED
AUGUST 3, 1999 AND MODIFYING THE APPROVALS
GRANTED PURSUANT TO RESOLUTION NO. 2001-01
ADOPTED JANUARY 2, 2001; TO MODIFY CONDITION NO.4
OF SECTION 4 OF RESOLUTION NO. 99-39 REQUIRING 7
PARALLEL PARKING SPACES ON NE 206 STREET AND 6
PARALLEL PARKING SPACES ON NE 207 STREET; TO
MODIFY ITEM 3) OF SECTION 1 OF RESOLUTION NO. 2001-
01 REQUIRING 7 PARALLEL PARKING SPACES ON EAST
1lme 4, 2002 ('JWmftiainn Meeting
DIXIE HIGHWAY ADJACENT TO THE SITE FOR PROPERTY
LOCATED AT 20601 EAST DIXIE HIGHWAY, AVENTURA;
PROVIDING FOR AN EFFECTIVE DATE.
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA MODIFYING THE APPROVALS
GRANTED PURSUANT TO RESOLUTION NO. 97-48 ADOPTED
AUGUST 5, 1997; TO MODIFY CONDITION f. OF SECTION 4
OF RESOLUTION PROVIDING A MAXIMUM DURATION OF
VARIANCES FOR FIVE YEARS AND 30 DAYS FROM THE
DATE OF THE RESOLUTION; FOR PROPERTY LOCATED AT
2890 NE 187 STREET, CITY OF A VENTURA; PROVIDING FOR
AN EFFECTIVE DATE.
4. AGENDA: Request for Deletions/Emergency Additions
5. SPECIAL PRESENTATIONS: None.
6. CONSENT AGENDA: Mauers 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:
May 7, 2002 Commission Meeting
May 9,2002 Special Meeting
May 16, 2002 Special Meeting
May 16, 2002 Workshop Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, APPROVING SECOND
AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN
THE CITY MANAGER AND THE CITY OF A VENTURA;
PROVIDING MERIT BONUS; PROVIDING AN EFFECTIVE
DATE.
(Incorporates revisions to City Manager's Employment Agreement)
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER
ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE
ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT
BETWEEN THE CITY OF A VENTURA AND THE CITY OF
NORTH MIAMI 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.
2
Juue 4, 2002 C'JWmftiainn Meeting
(Authorizes City Manager to execute Mutual Aid Agreement with City
of North Miami for law enforcement activities)
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA APPROVING THE "AVENTURA
SIXTEENTH ADDITION" PLAT, BEING A REPLAT OF TRACT
FF OF FIFTH ADDITION BISCAYNE YACHT AND COUNTRY
CLUB, PLAT BOOK 99, PAGE 20 AND A PORTION OF TRACT
4 OF NORTH BISCAYNE ACRES, PLAT BOOK 40, PAGE 99,
CITY OF A VENTURA, MIAMI-DADE COUNTY, FLORIDA;
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO
SIGN THE FACE OF THE PLAT; REQUIRING
RECORDATION; PROVIDING FOR AN EFFECTIVE DATE.
(Approves Final Plat for referenced property)
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF A VENTURA AND
BAL HARBOUR VILLAGE FOR LAW ENFORCEMENT
ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
(Authorizes City Manager to execute Mutual Aid Agreement with Bal
Harbour Village for law enforcement activities)
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED LETTER OF
ACKNOWLEDGEMENT BETWEEN THE CITY OF A VENTURA
AND MIAMI BEACH HEALTHCARE GROUP, INC., D/B/A
AVENTURA HOSPITAL & MEDICAL CENTER FOR
DRAINAGE IMPROVEMENTS; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
(Authorizes City Manager to execute Agreement with Aventura Hospital
Medical Center to expedite drainage improvement in the Hospital
District)
G. MOTION TO REMOVE LEONARD BRENNER AS A MEMBER
OF THE CITY OF A VENTURA ECONOMIC DEVELOPMENT
ADVISORY BOARD
3
1lme 4, 2002 CommiIIion Meeting
7. ORDINANCES: FIRST READING/PUBLIC INPUT: None.
8. PUBLIC HEARING: ORDINANCES - SECOND READING:
A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING SECTION 31-21 OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO AMEND THE
DEFINITION OF "BUILDING"; AMENDING SECTION 31-75
OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
AMEND TEMPORARY USES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING .CHAPTER 2 ENTITLED "ADMINISTRATION", BY
AMENDING ARTICLE II "DEPARTMENTS", SECTION 2-61
"CREATED" TO PROVIDE FOR INCLUSION OF THE
CHARTER SCHOOL AS A DEPARTMENT OF GOVERNMENT
WITHIN THE CITY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR
EFFECTIVE DATE.
C. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
ADOPTING THE ATTACHED CHARTER SCHOOL
OPERATING, DEBT SERVICE AND CAPITAL BUDGET FOR
THE A VENTURA CHARTER ELEMENTARY SCHOOL FOR
FISCAL YEAR 2002/03 (JULY 1 - JUNE 30), PURSUANT TO
SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING
EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET;
PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR
PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS
AND GRANTS; PROVIDING FOR AMENDMENTS;
PROVIDING FOR ENCUMBRANCES; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE
DATE.
9. RESOLUTIONS:
A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, ACCEPTING AND ADOPTING IN
PRINCIPLE, SUBJECT TO ANNUAL REVISION AND
AUTHORIZATION, THE CITY OF AVENTURA CAPITAL
IMPROVEMENT PROGRAM DOCUMENT FOR FISCAL YEAR
2002/03 TO 2006/07 AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
4
1lme 4, 2002 Commiaaioo Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, APPROVING THE CHANGE OF
CONTROL OF THE TCI TKR OF SOUTH FLORIDA CABLE
TELEVISION FRANCHISE TO AT&T-COMCAST; PROVIDING
FOR AN EFFECTIVE DATE.
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, APPROVING THE CHANGE OF
CONTROL OF THE COMCAST CABLEVISION OF
HALLANDALE, INC., CABLE TELEVISION FRANCHISE TO
AT&T COMCAST CORPORATION; PROVIDING FOR AN
EFFECTIVE DATE.
10.0THER BUSINESS: None.
1l.PUBLIC COMMENTS
12.REPORTS
13.ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS
COMMISSION WORKSHOP
LOCAL PLANNING AGENCY
COMMISSION MEETING
to be announced
JULY 2, 2002
JULY 2, 2002
6PM
(following 6 pm LPA)
This meeting is open to the public. In accordance with the Americans with Disabilities
Act of 1990, all persons who are disabled and who need special accommodations to
participate in this meeting because of that disability should contact the Office of the
City Clerk, 305-466-8901, not later than two days prior to such proceeding.
One or more members of the City of Aventura Advisory Boards may be in attendance.
Anyone wishing to appeal any decision made by the Aventura City Commission with
respect to any matter considered at such meeting or hearing will need a record of the
proceedings and, for such purpose, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
Agenda items may be viewed at the Office of the City Clerk, City of Aventura
Government Center, 19200 W. Country Club Drive, Aventura, Florida, 33180. Anyone
wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-
8901.
5
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM:
TO:
BY:
DATE: May 15, 2002
SUBJECT: Request of Alan Rosenthal on behalf of Aventura IMP Ltd. for Revision
to Approvals granted through Resolution No. 99-39 and Resolution No.
2001-01 (04-VAR-99 REV)
June 4, 2002 City Commission Meeting Agenda Item 3 A
RECOMMENDATION
It is recommended that the City Commission approve revisions to the approvals granted
through Resolution No. 99-39 and Resolution No. 2001-01, which revisions are
necessitated by modification to the site plan.
REQUEST
The applicant, Alan Rosenthal for Aventura IMP Ltd., is requesting:
1. Modification of Condition No.4 of Section 4 of Resolution No. 99-39, which required
seven (7) on-street parallel parking spaces along NE 206 Street and six (6) on-street
parallel parking spaces along NE 207 Street, where six (6) on-street parallel parking
spaces are provided on NE 206 Street and one (1) on-street parallel parking space
is provided on NE 207 Street.
2. Modification of Item 3) of Section 1 of Resolution No. 2001-01, which required seven
(7) on-street parallel parking spaces along East Dixie Highway adjacent to the site,
where 14 (fourteen) on-street parallel parking spaces are provided along the west
side of East Dixie Highway.
(See Exhibit #1 for Letter of Intent)
BACKGROUND
The applicant was granted approval of certain variances, conditional use and
abandonment of right-of-way by Resolution No. 99-39 passed and adopted on August
3, 1999. These approvals were granted to permit the construction of a four-story
professional and medical office building on East Dixie Highway between NE 206 Street
and NE 207 Street. The applicant subsequently revised the site plan which
necessitated modification to the previous approvals. The modifications were approved
by Resolution No. 2001-01 passed and adopted on January 2, 2001. The applicant has
now further revised the site plan, approval of which necessitates modification to the
previous approvals granted by the two resolutions noted above. (See Exhibit #2 for
Location Plan, Exhibit #3 for Aerial Photograph, Exhibit #4 for Resolution No. 99-39 and
Exhibit #5 for Resolution No. 2001-01)
The revised site plan includes:
· A decrease in on-street parking on NE 206 Street from seven (7) spaces to six
(6) spaces
· A decrease in on-street parking on NE 207 Street from six (6) spaces to one (1)
space
· A relocation of seven (7) on-street parking on East Dixie Highway between NE
206 Street and NE 207 Street to the west side of East Dixie Highway
· An increase of seven (7) on-street parking spaces on the west side of East Dixie
Highway between NE 207 Street and NE 208 Street.
The previously approved off-street parking of 123 spaces remains the same, as well as
the 20 spaces to be constructed in the FEC right of way between NE 206 Street and NE
208 Street. The total parking space count of 164 on the revised site plan, which
includes off-street and proposed on-street and FEC right of way parking, has increased
by one space from the previous approvals. The on-street spaces will not be reserved for
the use of the new building exclusively, but will be available to users of adjacent
properties. This will help alleviate existing parking problems in the area.
OWNER OF PROPERTY
NAME OF APPLICANT
ADDRESS OF PROPERTY
SIZE OF PROPERTY
LEGAL DESCRIPTION
Aventura IMP Ltd.
Alan Rosenthal
20601 East Dixie Highway
1 .22 Acres
Lots 12 through 30, Block 8 of HALLANDALE
PARK NO.8 according to the plat thereof, as
recorded in Book 20, Page 49 of the public
records of Miami-Dade County, Florida.
MO (Medical Office District)
Business and Office
ZONING
FUTURE LAND USE
2
CURRENT STATUS OF APPROVALS
The current status of the conditions of Resolution No. 99-39 and Resolution No. 2001-
01 are detailed in the following table:
ResOllltiOIlCOl1d ItiOn CurrentStatlls
Obtain building permits within 12 months Building permit obtained on
from August 3, 1999 August 3, 2001
Extended by motion to February 3, 2001
Extended bv motion to Auaust 3, 2001
Install on-street parking, road Number of on-street parking spaces
improvements and streetlighting on NE modified by Resolution 2001-01
206 Street, NE 207 Street and East Dixie Relocation & addition of one space
Highway proposed in this request
Road improvements and streetlighting to
be completed concurrent with building
construction
Provide revised landscape plan prior to Revised plan received and approved
issuance of buildina permit
Post bond of $66,000 to guarantee Cash deposit of $66,000 received on
completion of road works Auaust 3, 2001
Provide Unity of Title Signed document received August 31,
2001
Enter into Lease with FEC and construct Signed lease received October 4, 2001
20 parking spaces in leased area Spaces to be constructed concurrent with
building construction
Prepare covenant allowing not more than Condition deleted by Resolution 2001-01
60% of buiding for medical office use
Record resolutions in the Public Records Resolutions recorded July 12, 2001
of Miami-Dade County
ANALYSIS
Reauest #1: Modification of Condition No.4 of Section 4 of Resolution No. 99-39.
which reauired seven (7) on-street parallel parkina spaces alona NE 206 Street
and six (6) on-street parallel parkina spaces alona NE 207 Street. where six (6)
on-street parallel parkina spaces are provided on NE 206 Street and one (1) on-
street parallel parkina space is provided on NE 207 Street.
A condition of the original approval of the variance, conditional use and abandonment
of right of way by Resolution No. 99-39, required that the applicant install seven (7) on-
street parallel parking spaces along NE 206 Street and six (6) on-street parallel parking
spaces on NE 207 Street. The applicant advises that it is able to install only six (6) of
the seven (7) required on-street parking spaces on NE 206 Street and only one (1) of
3
the six (6) required on-street parking spaces on NE 207 Street due to underground
utilities that were discovered subsequent to commencement of construction and were
not disclosed on the site survey.
The owner is proposing to replace these six spaces with seven spaces on the west side
of East Dixie Highway between NE 207 Street and NE 208 Street. Although the
relocated spaces will be located between 60 feet and 240 feet from the building site,
they are not reserved for the use of the new building exclusively, but will be available to
and benefit users of adjacent properties. Signs and pavement markings will be
provided by the applicant to assist users crossing the road.
Reauest #2: Modification of Item 3) of Section 1 of Resolution No. 2001.Q1. which
reauired seven (7) on-street parallel parkina spaces alona East Dixie Hiahwav
adiacent to the site, where 14 (fourteen) on-street parallel parkina spaces are
provided alona the west side of East Dixie Hiahwav.
Resolution No. 99-39, which required as a condition of approval that the applicant install
eight (8) on-street parallel parking spaces along the east side of East Dixie Highway
was revised by Resolution No. 2001-01. The latter resolution reduced the required
number to seven (7) spaces in the same location in order to preserve sight triangles
and landscaping.
The applicant advises that it is unable to install the spaces on the east side of the road
between NE 206 Street and NE 207 Street due to underground utilities that were just
recently discovered and not disclosed by the site survey. Its proposal is to relocate the
seven (7) on-street parallel parking spaces to the west side of East Dixie Highway. The
applicant will provide signs and pavement markings to assist users crossing the road.
One hundred and thirty (130) parking spaces are required by Code for this site, where
one hundred and twenty-three (123) spaces are provided on site, seven (7) spaces are
proposed adjacent to the site on NE 206 Street and NE 207 Street, twenty (20) spaces
are provided in the FEC right-of-way and fourteen (14) are proposed on the west side of
East Dixie Highway.
4
05/16/2002
19:26
R05ENTH~ ROSENTHAL RASCO .., 3054663277
NO. 159 0001
LAW OffiCES
t ROSENTHAL
ROSENTHAL
RASCO
It.. partDt:IIlbiporProfeMlOMl~DS
mUl>l\.DO I. RASCO
AlAN S.ROSENTHAl
KERRY E. ROSENTHAl
STACI H. GENET
JESSICA B. LASSMAN
HllA1HER'\'. scon
May 16, 2002
OFOOtJNS:E1
JIll It GINSBERG
JEI!.OME S. HOtLO
JORGE tUlS WOLF
FACSIMILE NUMBER: 305-466-3277
Ms. Joanne Carr
Se:niO{ Planner
CITY OF A VENTURA
19200 West Country Club Drive
A ventura, Florida 33180
Re: Marlin Office Building
Resolution Number. 99-39 aud Resolution Numbel': 2001-01
;
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Dear Joanne:
By virtue of revision to the Site plan accomplished subsequent to my letter to the City dated
April 24, 2002, please accept this letter as a substitute so as to clarify and compon with the
Revised Site Plan submitted.
Confuming our sevlll'a1 convlll'Slltions in connection with the captioned, subsequent to the
commencement of construction the developer learned that the north side ofN. E. 206'" Street, the
south side of 207'" Street, and the east side of East Dixie Highway contain certain utility
easements which effectively prevent the util~on of those locations for the creation of the off-
site parking spaces contemplated by the Plans submitted to the City and approved by the
captioned Resolutions.
Predicated upon the foregoing the A1'chitect, Joseph KaUer, submitted to the City Revised Plans
re-Iocating those parking spaces from the north side of 2()6'1' Street, the south side of 2071ll Street,
and the cast side of East Dixie Highway to the West side of East Dixie Highway commencing at
2~ Street, proceeding north to 208111 Street, which spaces are adjacent to the spaces provided
on the Florida East Coast Railway right-of-way.
EXHIBIT #1
04-VAR-99 (REV)
'Jurnbcnv Pl:;q:a., SWte )00,2875 NoI'theut 191$1 Street,A~t1ua. FlOrida 3-:;180
305.~7.o;OO I Puo305.937.1311
05/16/2002
19:26
ROSENTHI'l. ROSENTI-R. RASCO .. 3054663277
NO. 159 ~02
Ms. Joanne Carr
2
May 16,2002
I have requested that the City approve the proposed modification to the Site Plan contemplated
by the captioned Resolution, so as to authorize the re-localion of these spaces and was advised
that a hearing before the City Council would be required to authorize the same. Accordingly,
this lettcx will serve as a request to place this matter on the next City Council agenda so that I
may present the proposed modification to the City Council in order to secure their approval.
:\
I
I think it important to note for the edification and information of the City Council that the
Surveys secured of the property to be developed failed to note these easements in that the
surveys were of the property owned by the developer and the parking spaces contemplated on the
north side of 206111 Street, the south side of 2071b Street, and the east side of East Dixie Highway
are on properties not owned by the developer. Accordingly, I WQuld respectfully represent that
the developer's proposed utilization of these streets for parking were proposed to the Council in
good faith and that the developer had no intention of in any way deceiving the Commission as to
their placement. It is further respectfully suggested that the re-location of these spaces to East
Dixie Highway (a few hundred feel away) will not in any way materially affect the Site Plan; are
in fact a diminimus deviation or change from the original Site Plan and the Revised Plan is in
fact in substantial compliance with the original Plan. We further respectfully submit that this
Revised Site Plan will provide the same number of spaces for those utilizing the proposed
building, or other buildings to be subsequently developed in the hospital district.
The Applicant represents that the other agreed upon road improvements and street lighting are
not affected by the easements and can be completed as originally proposed.
Respectfully submitted,.....-------7
./
/ .
ROSENfHA!,.RDS ~9
cc: Mr. Eric Soroka; Flll:simile Number: 305-466-8919
Mr. Larry Vaile, Medistar; Facsimile Number: 1-713-266-
Mr. Joseph Kaller; Facsimile Number: 954-926-2841
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201 TER.
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Aventura Mall
191 ST.
192 ST.
City of Aventura . '
Government CenterU,\-\MA
WILUP.M
192 ST.
1905T
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EXHIBIT #3
04-VAR-QQ (RFV)
2~~ 19774 PG. 3716
RESOLUTION NO. 99-39
(llR368660 2001 JUL 12 15:50
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA GRANTING APPROVAL OF
VARIANCE FROM SECTION 801.2 OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO ALLOW 112 OFF-
STREET PARKING SPACES WHERE 130 OFF-STREET
PARKING SPACES ARE REQUIRED; GRANTING APPROVAL
OF VARIANCE FROM SECTION 704.6.1 OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO ALLOW A PLOT
AREA OF 1.22 ACRES WHERE 1.5 ACRES IS REQUIRED;
GRANTING CONDITIONAL USE APPROVAL TO ALLOW
lWO (2) DRIVE-THROUGH TELLER LANES AT A BANK ON
THE GROUND FLOOR OF A PROPOSED OFFICE BUILDING;
GRANTING APPROVAL OF THE ABANDONMENT OF
APPROXIMATELY 2,134 SQUARE FEET OF PUBUC
ALLEYWAY PLATTED IN BLOCK 8 OF THE HALLANDALE
PARK NO. 8 SUBDIVISION; FOR PROPERTY LOCATED
BETWEEN NE 206 STREET AND NE 207 STREET ON THE
EAST SIDE OF EAST DIXIE HIGHWAY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the property described herein is zoned MO, Medical Office District;
and
WHEREAS, the applicant, Kenneth Marlin, through Applications No. O4-VAR-99,
01-CU-99 and 02-AR-99, is requesting the following:
1. A variance from Section 801.2 of the City's Land Development Regulations to
allow 112 off-street parking spaces where 130 off-street parking spaces are required.
2. A variance from Section 704.6.1 of the City's Land Development Regulations to
allow a plot area of 1.22 acres where 1.5 acres is required.
3. Conditional Use Approval to allow t'M> (2) drive-through teller lanes at a bank on
the ground floor of a proposed building. The City's Land Development Regulations
EXHIBIT #4
()A -\If. Q-aa {RI=\/\
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Resolution No. 99-39
Page 2
~~~ 197 7 4 PG. 371 7
allow drive-through teller lanes at banks in the MO, Medical Office District only after
Conditional Use approval.
4. Abandonment of approximately 2,134 square feet of public alleyway platted in
Block 8 of the Hallandale Park No.8 Subdivision; and
WHEREAS, the City Commission has held a public hearing as provided by law;
and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 04-VAR-99, requesting variance from Section 801.2
of the City's Land Development Regulations to allow 112 off-street parking spaces
were 130 off-street parking spaces are required on property legally described as:
Lots 12 through 3D, Block 8 of HALLANDALE PARK NO. 8
according to the plat thereof, as recorded in Book 20, Page 49 of
the public records of Miami-Dade County, Florida NK/A Between
NE 206 Street and NE 207 Street on the east side of East Dixie
Highway Aventura, Florida
is hereby approved.
Section 2. Application for a variance from Section 704.6.1 of the City's Land
Development Regulations to allow a plot area of 1.22 acres where 1.5 acres is required
is hereby approved.
Resolution No. 99-39
Page 3
~~~ 1977 4 PG. 3718
Section 3. Application No. 01-CU-99, requesting Conditional Use approval to
allow two (2) drive-through teller lanes at a bank on the ground floor of a proposed
building is hereby approved.
Section 4. Application No.
02-AR-99
,
requesting abandonment of
approximately 2,134 square feet of public alleyway platted in Block 8 of the Hallandale
Park No. 8 Subdivision is hereby approved, all approvals subject to conditions as
follows:
1. Plans shall substantially comply with those submitted as follows:
. "Aventura Professional Office Building: Site Plan", Sheet SP-1/AP-1, prepared
by Joseph B. Keller and Associates, revised dated 7/27/99, signed and sealed
7/27/99;
. "Aventura Professional Office Building: Site Details", Sheet SP-2, prepared by
Joseph B. Kaller and Associates, revised dated 6/11/99, signed and sealed
7/22/99;
. "Aventura Professional Office Building: Second Floor Plan", Sheet AP-2
prepared by Joseph B. Keller and Associates, revised dated 6/11/99, signed and
sealed 7/22199;
. "Aventura Professional Office Building: Typical 3'" and 4h Floor Plan", Sheet AP-
3, prepared by Joseph B. Keller and Associates, revised dated 6/11/99, signed
and sealed 7/22/99;
. "Aventura Professional Office Building: Roof Plan", Sheet AP-4, prepared by
Joseph B. Keller and Associates, revised dated 6/11/99, signed and sealed
7/22/99;
. "Aventura Professional Office Building: Elevations', Sheet AP-5, prepared by
Joseph B. Kaller and Associates, revised dated 6/11/99, signed and sealed
7/22/99;
. "Aventura Professional Office Building: Elevations', Sheet AP-6, prepared by
Joseph B. Keller and Associates, revised dated 6/11/99, signed and sealed
7/22/99;
. "Aventura Professional Office Building: Landscape Site Plan', Sheet L-1,
prepared by Joseph B. Keller and Associates, revised dated 7/20/99.
Resolution No. 99-39
Page 4
~~~ 19774 PG. 3719
2. The applicant shall obtain building permits within twelve (1~) 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. The applicant has agreed to contribute $9,539.00 to the City of Aventura to offset
the transportation impacts of vacating 2,134 square feet of alleyway conveyed in the
plat of Hallandale Park No. 8 Subdivision prior to the issuance of building permits.
These funds shall be offset against the expenses applicant incurs in the installation
of the right-of-way improvements specified in Condition 4 below.
4. Applicant shall install the following improvements:
. Seven (7) on-street parallel parking spaces along NE 206 Street and six (6) on-
street parallel parking spaces along NE 207 Street.
. Curbing, gutter pan, stormwater drainage inlets and stormwater mains along NE
206 Street and NE 207 Street adjacent to the site.
. Street li9hting along NE 206 Street, NE 207 Street and East Dixie Highway
adjacent to the site.
. Eight (8) on-street parallel parking spaces along East Dixie Highway, adjacent to
the site.
Applicant shall prepare an engineering plan detailing the installation of these
improvements in a form acceptable to the City Manager and City Engineer prior to
the issuance of building permits.
5. Applicant shall post a surety bond or other similar instrument acceptable to the City
Manager in the amount of $66,000 prior to the issuance of building permits, said
Resolution No. 99-39
Page 5
~~~ 19774 PG. 3720
bond to be returned to the applicant after the completion of the parking, curbing,
lighting and drainage improvements within the public right-of-way specified in
Condition 4.
6. The applicant shall provide a Unity of Title, in a form to be approved by the City
Attorney and City Manager, or replat the site, prior to issuance of a building permit
for the development.
7. The applicant shall enter into a lease with Florida East Coast Railroad (FEC) and
construct twenty (20) parking spaces on the leased area. Permit plans must be
approved by the Community Development department and construction of the
spaces completed prior to Certificate of Occupancy. The applicant must continue
the lease on an annual basis in good faith effort.
8. The applicant shall prepare a covenant, in a form to be approved by the City
Manager and City Attorney, allowing medical office uses not to exceed 60% of the
total office uses of the building. The applicant shall record this covenant in the
Public Records of Miami-Dade County, prior to issuance of a building permit. All
expenses shall be borne by the applicant.
9. The applicant shall record this Resolution in the Public Records of Miami-Dade
County, prior to issuance of a building permit. All expenses shall be borne by the
applicant.
Section 5. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Resolution No. 99-39
Page 6
~~~ 19774 PG. 3721
Section 6. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by ('...._i ssioner Berl1:er
. who moved
its adoption. The motion was seconded by Commissioner Bolzberg , and upon being
put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
~
yes
1!!.
yes
yes
yes
yes
PASSED AND ADOPTED this 3nl day of August, 1999.
:~ ~
ARTHUR I.
ATTEST:
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TERESA M. SOROKA, CMC/ME
CllY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
H~~
CllY ATTORNEY
This Resolution was filed in the Office of the City Clerk this
5
daYOf~1999.
T
RU::i gI,)UK
RECORDED tN OFFICIAL REeo '
OF DADE COUNTY, FLORIJA.
RECORD VERIFIED
HMWE'i RUVlN
CLERK CIRCUIT "OURT
,
~k~ 1977 4 PG. 3722 0 1R36866 1 2001 JUL 12 15:50
RESOLUTION NO. 2001-01
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA MODIFYING THE APPROVALS GRANTED
THROUGH RESOLUTION NO. 99-39 PASSED AND ADOPTED
AUGUST 3, 1999; TO MODIFY THE PARKING SPACE VARIANCE; TO
DELETE THE CONDITIONAL USE APPROVAL FOR A BANK IN THE
MEDICAL OFFICE DISTRICT; TO MODIFY CONDITION NO. 4 OF
SECTION 4 REQUIRING 8 PARALLEL PARKING SPACES ON EAST
DIXIE HIGHWAY; TO DELETE CONDITION NO.8 OF SECTION 4
REQUIRING MEDICAL USES NOT TO EXCEED 60% OF THE TOTAL
OFFICE USE IN THE BUILDING, FOR PROPERTY LOCATED ON THE
EAST SIDE OF EAST DIXIE HIGHWAY BETWEEN NE 206 STREET
AND NE 207 STRE!:T, AVENTURA; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS. the applicant, Kenneth Marlin, was granted miscellaneous approvals
by Resolution No. 99-39 passed and adopted by the City Commission of the City of
Aventura on August 3, 1999; and
WHEREAS, the applicant has revised the site plan, which revision necessitates
modification to the previous approvals granted through Resolution No. 99-39 as follows:
1. A modification to the parking variance to provide 123 off-street parking spaces
where 130 off-street parking spaces are required by Section 31-171(b){8) of
the City's Land Development Regulations. The original variance approved 112
off-street parking spaces where 130 were required by Code; and
2. Deletion of the previously approved Conditional Use approval which allowed
two (2) drive-through teller lanes at a bank on the ground floor of the proposed
building; and
3. Modification to Condition NO.4 of Section 4 of the resolution which required
eight (8) on-street parallel parking spaces on the east side of East Dixie
Highway, adjacent to the site, to provide seven (7) parallel parking spaces; and
4. Deletion of Condition No. 8 of Section 4 of the resolution which required the
applicant to prepare and record a covenant stating that medical office use
would not exceed 60% of the total office use in the building; and
5. Approve an extension of the approvals in Resolution No. 99-39 for an
additional six (6) month period from February 3, 2001 to August 3, 2001.
EXHIBIT #5
04-VAR-99 (REV)
/u
Resolution No. 2001-01
Page 2
~~~ 19774 PG. 3723
WHEREAS, following proper notice, the City Commission has held a public
hearing, as provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The applicant's request to modify the following variances previously
granted by Resolution No. 99-39:
1) Amend current Section 1 from:
"Application No. 04-VAR-99 requesting a Variance from Section 801.2 of the
City's Land Development Regulations to allow 112 off-street parking spaces where 130
parking spaces are required..." to:
"Application No. 04-VAR-99 requesting a Variance from Section 31-171(b)(8) of
the City's Land Development Regulations to allow 123 off-street parking spaces where
130 off-street parking spaces are required."
2) Delete Section 3 granting Conditional Use Approval which allowed two (2) drive-
through teller lanes at a bank on the ground floor of a proposed building.
3) Amend Condition NO.4 of Section 4 from:
"eight (8) on-street parallel parking spaces along East Dixie Highway, adjacent to the
site" to:
"seven (7) on-street parallel parking spaces along East Dixie Highway, adjacent to the
site".
4) Delete Condition No. 8 of Section 4 requiring that the applicant prepare and
record a covenant limiting the medical office use to not more than 60% of the
total office uses in the building.
Resolution No. 2001-01
Page 3
~~~ 19774 Pu. 3724
5) Approve an extension of the approvals in Resolution No. 99-39 for an additional
six (6) month period from February 3,2001 to August 3,2001.
All revisions to property legally described as:
Lots 12 through 30, Block 8 of Hallandale Park NO.8 according to the plat
thereof, as recorded in Book 20, Page 49 of the public Records of Miami-
Dade County, Florida,
a/k/a
between NE 206 Street and NE 207 Street on the east side of East Dixie
Highway, Aventura, Florida
are hereby approved subject to the following conditions:
1. The applicant shall submit a revised landscape plan for approval prior to
issuance of the building permit.
2. All other conditions of Resolution No. 99-39 not modified or deleted by this
Resolution shall remain in full force and effect.
Section 2. The City Manager is authorized to cause the issuance of permits
in accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Rogers-Libert, who
moved its adoption. The motion was seconded by Commissioner Berger and upon
being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
yes
yes
yes
yes
yes
yes
absent
Resolution No. 2001-01
Page 4
~~~ 19774 PG. 3725
PASSED AND ADOPTED this 2nd day of January, 2001.
ATTEST:
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APPROVED AS TO LEGAL SUFFICIENCY:
,-) \ \ .
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. ,
CITY ATTORNEY
'f
T~s Resolution was filed in the Office of the City Clerk this ,")
day of
" .
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CITY CLERK
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RECORDED IN OfF........
OF D"OE COONTY, F1.()lU)A. j_':;.
RECCRD vERIFIED :~
HAI\VEY I'IUVIN', ;.
cLERK CIIlCU,T COURT ..
RESOLUTION NO. 2002-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA MODIFYING THE APPROVALS
GRANTED PURSUANT TO RESOLUTION NO. 99-39 ADOPTED
AUGUST 3, 1999 AND MODIFYING THE APPROVALS
GRANTED PURSUANT TO RESOLUTION NO. 2001-01
ADOPTED JANUARY 2, 2001; TO MODIFY CONDITION NO.4
OF SECTION 4 OF RESOLUTION NO. 99-39 REQUIRING 7
PARALLEL PARKING SPACES ON NE 206 STREET AND 6
PARALLEL PARKING SPACES ON NE 207 STREET; TO
MODIFY ITEM 3) OF SECTION 1 OF RESOLUTION NO. 2001-01
REQUIRING 7 PARALLEL PARKING SPACES ON EAST DIXIE
HIGHWAY ADJACENT TO THE SITE FOR PROPERTY
LOCATED AT 20601 EAST DIXIE HIGHWAY, AVENTURA;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Kenneth Marlin was granted miscellaneous approvals by
Resolution No. 99-39 adopted by the City Commission of the City of Aventura on
August 3, 1999: and
WHEREAS, Kenneth Marlin was granted modifications to miscellaneous
approvals by Resolution No. 2001-01 adopted by the City Commission of the City
of Aventura on January 2, 2001: and
WHEREAS, the applicant has revised the site plan, which revision
necessitates modification to the previous approvals granted by Resolution No.
99-39 and Resolution No. 2001-01 as follows:
1. Modification of Condition No.4 of Section 4 of Resolution No. 99-39, which
required seven (7) on-street parallel parking spaces along NE 206 Street
and six (6) on-street parallel parking spaces along NE 207 Street.
2. Modification of Item 3) of Section 1 of Resolution No. 2001-01, which
required seven (7) on-street parallel parking spaces along East Dixie
Highway adjacent to the site.
Resolution 2002-
Page 2
WHEREAS, following proper notice, the City Commission has held a
public hearing, as provided by law; and
WHEREAS, the City Commission finds that the Application meets the
criteria of the applicable codes and ordinances, to the extent the Application is
granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The applicant's request to modify the following variance
previously granted by Resolution No. 99-39:
1) Amend Condition No.4 of Section 4 from:
"seven (7) on-street parallel parking spaces along NE 206 Street and six
(6) on-street parallel parking spaces along NE 207 Street"
to:
"six (6) on-street parallel parking spaces along NE 206 Street and one (1)
on-street parallel parking space along NE 207 Street"
and the applicant's request to modify the following variance previously
granted by Resolution No. 2001-01:
2) Amend Item 3) of Section 1 of Resolution No. 2001-01 from:
"seven (7) on-street parallel parking spaces along East Dixie Highway
adjacent to the site"
to:
"fourteen (14) on-street parallel parking spaces along the west side of
East Dixie Highway"
to property legally described as:
Lots 12 through 30, Block 8 of Hallandale Park NO.8 according to the plat
thereof, as recorded in Plat Book 20, Page 49 of the Public Records of
Miami-Dade County, Florida, a/k/a between NE 206 Street and NE 207
Street on the east side of East Dixie Highway, Aventura, Florida
is hereby approved subject to the following conditions:
Resolution 2002-
Page 3
1. Plans shall substantially comply with those submitted as follows:
. HealthSouth Surgery Center of Aventura, LP, Site Plan and
South FEC Parking, Sheet SP-1, prepared by Joseph B. Kaller
& Associates P .A., dated 12/12/00, last revision date 02/11/02,
signed and sealed 5/20/02.
. HealthSouth Surgery Center of Aventura, LP, North FEC
Parking, Sheet SP-1.1, prepared by Joseph B. Kaller &
Associates PA, dated 12/12/00, last revision date 12/11/01,
signed and sealed 5/20/02.
2. All other conditions of Resolution No. 99-39 and Resolution No. 2001-01 not
modified or deleted by this Resolution shall remain in full force and effect.
Section 2.
The City Manager is authorized to cause the issuance of
permits in accordance with the approvals and conditions herein provided and to
indicate such approvals and conditions upon the records of the City.
Section 3. This Resolution shall become effective immediately upon its
adoption.
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 Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
Resolution 2002-
Page 4
PASSED AND ADOPTED this 4th day of June, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this
day of
June, 2002.
TERESA M. SOROKA, CMC
CITY CLERK
05/16/2002
19:32
ROSENTHAL ROSENTHAL RASCO 7 17132662866
NO.851 [;1004
,-. .
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.........,'ff:/
APPLICANT REPRESENTATiVE AFFIDAVIT
Pursuant to Seclion 31-71 (b)(2)(i) of the City 01 Aventura Land Development Cede, Ihls Applicanl Representative A1fidavit is
hereby made and SlJbmilted, The undersigned authoriz.ed represenlative of llle ind'Mdual or entity applying for the Developmenl Perm~,
whidlls identified In the acaxnpanying application. and Ille owner ofllla property subjecllo Ille applioation (d differenl) hereby lists and
i:lenUfies all persons representing the Individual or entity applying for the Development Permh in connection with Ille epplication, as follows:
. Name.
Relationship (I... A-.I'> MItit.as. undscap<
Aidliloas, E1lg/n6en, LtJOI>,;sts, .!<.J
ll~n ~& ~nQPnth~l
lIttorn"y
Consultant
Joseph B. Kaller
(AIlach Addttional Sheets If Necessary)
NOTICE:ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON USTED ON THE APPUCAHT
REPRESENTATIVE AFFIDAVIT SHALl8E BINDING UPON THE tNDIVlOUAL OR EtffiTY APPLYING FOR THE
DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTSARE
ADVISED TO TlMELY SUPPLEMENT THIS AFADAVlT PURSUANT TO SEC. 31-71(B)(2)(1V) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE
APPLICAllON BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT
BECOMES INCORRECT OR INCOMPLETE.
May, 20V2 ~.
'~AttneHRip
~r~: 2875 NE jqj Street
SUlte 5uO
Aventura, FL 33180
Naffie: r~ /L
(Plint ..L
Tille: ((p:j",!ner) IiUe.n L
Address: 70 70 L/noJwci \ $...;-6- /t,D
HOl.J.<-tM \~)(o.< 77063
STATF; OF flORIDA )
COUNTY OF MIAMI-DADE)
SWORN TO AND SUBSCRIBED BEFORE ME this _ r:Iay of Ma y ,
tal"!ft., RAQUEl WEllS
'r :oj MY COMMISSION! v; 803338
-;;.. <ill EXPIRES.. J""u.:y ,U, 2003
'11,!if.,r;\'" BmQeO l'hrLj ~lOla;y' I-'<.JDliC Underwriters
Belore me the undersigned authority personally appeared Alan S. Rosenthi%l the au1J:loli>
Applicant and/or the owner 01 the property subject to me appucalioo, who being firsl by me duly S'llorn, 'did S'll
executed lllis Affidavit tor Ihe purposes slated therein and that tt is lrue and correct. ' .
ou-IfFIAUJ.A ___~__~?S~~
.--<<~~~ W~
Notary Pubfic Ie of Aor a AI Large
P~nled Name 01 Notary
My commission expires:
1215/16/21211212
19:32
ROSENTHRL ROSENTHRL RRSCO ~ 17132662856
NO.851 1i005
STATE OF TEXAS )
~'Ss
COUNTY OF S .
t4 fi~.#7/.u
Before me, the undersigned authority, personally appeared .,4-~ e!.
as the authorized representative of the Applicant/owner of the property subject to the
Application, who being first by me duly sworn, did swear or affirm that he/she executed this
A l7idavit for the purposes stated there' d that it is true and correct.
Affiant
SWORN TO AND SUBSCRlBED BEFORE ME ~ of Mo." 2002.
~L
1\io Public tate of Texas
Printed Name of Notary
My Commission expires:
i
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,
05/16/2002
.
19:32
ROSENTHAL ROSENTHAL RASCO ~ 17132662866
NO.851 Q006
BUSINESS RELATIONSHIP AFFIDAVIT'
!
This AffldaV11 is made pursuant to Section 31-71 (b)(2)(1i) of the City of Aventura Land Development Cede. The undersigned ARienl hereby
disclosas lbat (mati< with 'x' applicable portions only)
[J v:. The me~lber of Iho Ci:y Comniission or 80ard :s e C"tomer of the Applicant or Representauve and
transacts more than S25,Ooo.00 of t,e business of the Applicant or Representative in 2 given
calendar year.
.J.L
WITNESS MY HAND THIS..J.1: DAY OF May, 2002 . ~xx
I.M.P.LhLTD.
parr;ner", lp
(SignaWre)
W1 (Prim)
er" {Print)
WITNESSMYHANDTHIS~DAYOF May, 2002 .~
TURA I.Mh'~" LTD.
partnerSlp
(Signarure)
(PrinQ
(Print)
)4.1.
[ J2.
Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory
Board to which the application will be presented.
Affiant hereby discloses that h does have a Business Reiati:mship with a mamber of the City Commission or a
City Advisory Board to which the application will be presented, as follows:
serves).
(list name of Commissioner or Advisory Board Member) who serves on the
(lis! City Commission or City Advisory Board upon whicll meniber
The nature of the Il<Jsiness Relationship is as follows:
[ II. Member of City Commission or Board holds an o'/Inarship interest in excess of 1 % of lolal assets or
capital stock of Applicallt or RepresentaUve;
[J n. Member 01 City Commission or Board Is a pamer, co-shareholder (as 10 shares of a corporcllicn
which are not fisted on any national or regional stock ..change) or joinl venlUlef with the Applicant or
Representative in any business venture;
[ J iil. The Applicant or Representative is a Client of a member of Ihe CItY Commission or Board or a Caenl
of another professional working from the same office or lor the same employer as the member of the
City Commission or Board;
l J iv. A City Commissioner or Board member is a Clienl of the Applicant or Representative;
[1 v. The Applicant or Rapresentative Is a Customer cf the member of the City Commission or 6o.ard (or of
his or her employeli and transacts more than Sl~,[)".;Q.OO of the business 0: 1I1e member of me City
Commission or e'~ard (or his or her e:nptoyer) ir. a ;ivan calendar year;
I
II
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ii
il
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'The terms "Business Relationship," "Cliem: "Customer," "AppliC<Jnt: "Representative" and "inrerested Person" are defined in
SecUon 2-395 of the Avencurs City Cvde.
..'..II....'~....\....
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BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby
discloses that: (mark with 'x' applicable portions only)
~1.
Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory
Board to which the application will be presented.
Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a
City Advisory Board to which the application will be presented, as follows:
[ ]2.
serves).
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member
The nature of the Business Relationship is as follows:
[ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or
capital stock of Applicant or Representative;
[ I ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation
which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or
Representative in any business venture;
[ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client
of another professional working from the same office or for the same employer as the member of the
City Commission or Board;
[ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[ ] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of
his or her employer) and transacts more than $10,000.00 of the business of the member of the City
Commission or Board (or his or her employer) in a given calendar year;
[ ] vi. The member of the City Commission or Board is a Customer of the Appiicant or Representative and
transacts more than $25,000.00 of the business of the Applicant or Representative in a given
calendar year.
WITNESS MY HAND THIS 23 DAY OF
K/><'-(
, 200l.
APPLICANT:
By:
Name:
Title:
(Signature)
(Print)
(Print)
WITNESS MY HAND THIS _ DAY OF
PROPERTY OWNER:
,2001.
By:
Name:
Title:
(Signature)
(Print)
(Print)
'The terms "Business Relationship,' "Client,' "Customer,' "Applicant,' "Representative" and "Interested Person' are defined in
Section 2-395 of the Aventura City Code.
05/15/2002
19:32
ROSENTHRL ROSENTHRL RRSCO ~ 17132662866
NO.851 [1008
,.. .
~
AYOF May, 2002 x~
REPRESENl'AT1VE:
n/$ By: (Signa/ure
Nama' (Prim)
lilla: Attorne (PrlnQ lIlIe: (Plfnt)
By: (Slgna/ure) By: (Signa/ure
Name: (Print) Name: (PrinQ
Trtle: (Prin/) Trtla: (Prinl)
By: (Signature) By: (Signa/ure
Name: (Print) Name: (Print)
Trtle: (Print) Trtle: (Print)
By; (Signa/ure) By: (Signature
Name' (Ptfnl) Name: (PrfnQ
Tille: (Print) Tnle: (Print)
By: (Signature) By: (Signature
Na.T,Q: (Prin!) Name: (Print)
Trt1e: (PrUlt) Trtle: (Prinr)
By; (Signature) By: (Signature
Name' (Print) Narne: (Prollt)
Title: (Prinl) TtI!e: (Prior)
HOTE: 1) Use duplicate sheets If disclosure In{ormation lor Representative varIes
2) Applicants end AlfJants are advised to timely supplement this AffidavIt pursuant to See. 31.71(b)(2llM 01 the
City's Land ~velopment Regulations In the City Cede, In the event that prior to consideration 01 the appllcatlon
by the City Board or Commission. the \n(ormafion providedln the AffidavIt beeomeslncorreet or Inoomplete.
~.~....."~
05/16/200?
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ROSENTHAL ROSENTHAL RASCO ~ 17132662866
NO.851
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TEXAS NOTARIZATION PROVlSION
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COUNTY OFlIOClD:ilClj H~ . f!> nJ . .
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"""'.! ._ "Is A/l'","", 10<1110 purposes Elalod 11elo.. and 1bat lis llua.1'd /
~FIANT
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Printed Name of Notary
My axnmtss40n 8JPoires'
SWOA.~TO AND SUBSCRIBED
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Nolatypubr"S oIFlorid."'I~
~.p.!/"""'" RAQUEL WE
[.r'J..~.\ MY cOMMISSION. CC 803338
%!i'''&~~! EXPIRES: JanulllY 20, 2003
"'~;p.f.:~"<<-" BondldThruNotaryPublicUnderwriters
Printed Name of Notary
Lly CIlIMI!s<lon o"l'.a"
STATeOFFLOR!DA I
COUNTY OF IoIWo1t.l)AOE)
1l<1c" .., lrla undel>igned eu1hori1y. pe""nal1y oppoarad
helshe er~~ Ir:ts MdavU ror 1M p'JipOSE!S Noted U'l~r~:n ar.~ ~allt E; trut and ec~e=..
!he .o.rr""L ~11o being r...t by ,.... duly SVoOm. ~d ..ear or alf"", ~.'
AfFIANT
SWORN TO AND SUBSCRIBEDb.!c<. me ~.is _ day of
2'Jl1.
NolalyPLl:CcSlal<1oIF~"'~
Printed Hamo of Notary
Myc:otra"'Jssi:ln9..:;)!tss.:
STlTE OF FLORIDA I
COUrfrY OF IoIWlHlADE)
Il<!oc'o .... lbo """OrslgMd lUItloltty. p''''''',,"'y awea"'"
h~Jsbs e~..ed tIis Mtdavtl: foe' the purposes s:atsd ii.ereln and !hat it is lNe and c:xred..
tr:4 AfflOn1, who MirlQ M::. ty met cui'{ SJ.-:r:'.. e'od SWIW Ql' l!I~U-:-:- :'"'~.
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SWORN TO AND S\JescR'BEO be"," "" "'~ _ <lay 01
2001.
NOlary Plbao S.... of Aorl<!a"" Larvo
Printed HaIre or Nolaty
Mr_oJ1llro"
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BUSINESS RELATIONSHIP AFFIDAVIT'
This I\ffida'/~ I. made pursuanllo Seotion 31-71(bH2llii) ollt,e City Co! Avenlura Land Developm,"t Cod, The underSigned Artiar,j hereo,
d!soioses Illa!: (marl< with ',' applicable portions only)
~.
Nliant does JjQj have a Business Relation.hip wiih any member of \he City Cont'\1,.,~bn or MY City Advisory
Board to which Il'I4 application will be p....ented,
112. A111ant hereby discloses t~at 11 oo~s hav. a Busir.ess Rel.tion:;hip willl a member 011110 City Comrnssion or a
City Advisory Soaflllo which the appUcation will b presentea. as follOws:
(tist name of Commissioner or Mioory Board Menb;r) who SIlfYes on the
(List City Commission or CIly Advisory Board upon which member
3ervas).
Tho nature of the Su.lness Relationship is as ,..10"'"
[ J i. Member of City Commission or Soard ho:ds an o'lI11ershlp Interest In exCQSs of 1 % of t01a1 assets or
capita: stock of A~pllClll't or Rapresentali\,;
[ ] n. Member 01 City Commission or E<lard j; a parmer. co-shareholder (as to shares ot a cotpOralioo
v.tlIch are not listed on any natiOllaI or regional $lOck eXchange) 0( joint venturer ",Ill the A,oplieant Or
Representative In any lxlsiness venture;
[ I iii. Tha Applicant or ReprasanJa1M, is a CUar:! 01 a member 01 the Citl Commi5sion or Board or a C..nt
of another prole""ional "cri<!r~ from lha same o:!Ie<! or lor tile sarna employer as tile member of the
City Cornmi$oion 01 Board;
[ I iv. A City Commil5'lioner 0I8oare menbar is e ClieI1t of th. Apj:iicallt 01 Representative;
[ I v. The Appncant or Representative is a Customsr of 1I1e member 01 !he City Ccmll'ission or Soafll (or 01
his or her employsr) and transaclS mor" lI1an $10.000.00 ot t,. business of tho mambar 01 tho Citf
Commission or Board (or his or her employer) in" a given calendar year;
[] vi. The rnemlJ.:r of tie City Commlssi;)n or &lard is ~ CI,l~tOi-ner d the Applicant or Repre~entat{ve and
transacts more than $25.000.00 of tile tusiness of the Applic.ant or Representative in a given
caiender year.
WITNESSMYHA'lOiHIS~OAYOF ~~ 2002-. ,\
AP~UC : /('yJ . !tdJA-J
By: ~ ($lgneHre, l..;?jt/I-INI
N~e: a (Print) ~, urie Yoder
Trt!e; (PM!) _ tit. My CommISsion CCSOS1De
"WITNESS MY HAND THIS-21:LOAY OF ~ ~_ 2OO'J.. ......i. exp;"'sFebruaryoe.2004
PAOPEATY OWNER:
8y:
Nama:
Tille:
(Sir;narurai
lP"n!)
(Print)
'7718 /"""" "Business R9laIicf'.sNp,' 'Clirml: "Ct:slom.,: "AppJc.n/,' "RaprwerJaliva" and "Inlsrested Person" ere deOned in
Sa:tion 2-3S5 0/ !he A venwlll City Cod..
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CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM:
BY:
Eric M. Soroka, Cit
TO:
City Commission
DATE: May 22,2002
SUBJECT: Request of Aventura's Finest Hand Car Wash Inc. for Modification to
Approvals granted through Resolution No. 97-48 (01-VAR-97 REV)
June 4, 2002 City Commission Meeting Agenda Item 3 $
RECOMMENDATION
It is recommended that the City Commission approve a modification to the approvals
granted through Resolution No. 97-48 to extend the duration of the variances for six
months from the current expiration date of September 4, 2002 to March 4, 2003, with
the following conditions:
1. The applicant shall deliver to the City, within 30 days of the date of the
resolution, a valid written renewal of the current lease for the approved extension
period.
2. The applicant agrees not to apply to the City of Aventura for any future extension
of time to operate the hand car wash at this location.
3. The applicant shall continue to operate the hand car wash in accordance with
the approvals issued by the Miami-Dade County Department of Environment
Resources Management (DERM).
4. This approval shall expire when the property to the immediate east is no longer
used as a marina or changes from a marina use, whichever is the earliest.
5. This approval is personal to the applicant and shall expire upon termination or
expiration of the lease described above or upon abandonment of the hand car
wash business or sale or transfer of the hand car wash business or the sale or
transfer of the applicant's corporation, or the assets of the applicant or by the
principal of the applicant, Guillermo Freile, or upon the applicant's opening of the
hand car wash business in a new location within the City of Aventura subsequent
to the date of this Resolution.
REQUEST
The applicant, Aventura's Finest Hand Car Wash Inc., is requesting modification to
condition f. of Section 4 of Resolution No. 97-48 to extend the maximum duration of
variance approvals for two years from the current expiration date of September 4, 2002
to September 4, 2004. (See Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER
Big-E Marine Properties Inc.
ADDRESS OF PROPERTY
2890 NE 187 Street
(See Exhibit #2 For Location Plan
And Exhibit #3 For Aerial Photograph)
LEGAL DESCRIPTION
Part of the NW Y. of the SE Y. of the SW Y. of
Fractional Section 3, Township 52 South,
Range 42 East, Miami-Dade County, City Of
Aventura (See Exhibit #4 for complete legal
description)
SIZE OF PROPERTY
Approximately 1.99 Acres (Total Marina Site)
Approximately 0.26 Acres (Car Wash Area)
ZONING
TC2 (Town Center Marine District)
LAND USE
Town Center
HISTORY OF THE PROJECT
At its meeting of August 5, 1997, the City Commission adopted Resolution No. 97-48
which granted non-use variances for reduced parking spaces and reduced building
separation setback to permit operation of a hand car wash in the parking area to the
west of the Hi-Lift Marina building. The conditions of that approval were:
a. This variance shall expire when the property to the immediate east is no longer
utilized as a marina or changes from marina use;
b. Applicant Finest, the owner of the subject car wash business shall obtain a valid
written lease for a five (5) year term from Applicant Big-E, the owner of the
marina, which lease shall be delivered to and filed with the City within 30 days of
the date of this resolution;
c. The variance approval is personal to the applicant and shall expire upon
termination or expiration of the lease described above or upon abandonment of
the hand car wash business or sale or transfer of the hand car wash business or
2
the sale or transfer of the Finest corporation, or the assets of the such applicant
Finest, or by the principal of the applicant, Guillermo Freile.
d. Landscaping shall be installed by Applicants within 90 days of the date of this
Resolution;
e. Department of Environmental Resources Management (DERM) required
improvements shall be completed by Applicants within 180 days of the date of
this Resolution;
f. Maximum duration of variances shall be for a total of five (5) years and 30 days
from date of this Resolution."
The applicant submitted the signed lease for a five year term, installed the landscaping
required and completed the improvements required by the Department of
Environmental Resources Management. Staff has confirmed that DERM approval was
issued on January 16, 1998 and that there are no code violations issued by DERM
against the car wash. The applicant has submitted a letter from the property owner
confirming its intent to renew the lease. (See Exhibit #5)
The maximum duration of the variances granted by Resolution No. 97-48 expires on
September 4, 2002. The applicant has requested an additional two years in order to
continue serving its customers while evaluating potential new locations. The City Code
permits automobile washing as a conditional use with City Commission approval in the
B2 (Community Business) district.
ANALYSIS
The future land use category for this site in the City of Aventura Comprehensive Plan is
Town Center. Policy 1.2 of Objective 1 of the Land Use Goal in the Future Land Use
Element of the Comprehensive Plan provides that "implementation of Town Centers
may be directed through the establishment of zoning and other land use regulations
unique to each zone". This site is zoned TC2 (Town Center Marine) district in the
City's Land Development Regulations. Section 31-145 (c)(1) of the Code states that
"this district is intended to provide suitable sites for the development of structures
combining residential and commercial uses located in proximity to marine-related light
industrial activities". Residential uses are limited to those listed in the RMF3, Multi-
Family Medium Density Residential District. Commercial uses are limited to those listed
in the B 1, Neighborhood Business District. A hand car wash business is not listed as a
permitted or conditional use in the B1 district but is prohibited in the zone as a "use not
specifically permitted".
Staff is recommending a six month extension, with the following conditions, rather than
the two year extension requested. This will allow temporary continuation of a business
well-used by Aventura residents and transfer of the business to a permitted location
before Phase 1 of the Town Center is completed.
3
The applicant currently operates another hand car wash in the Burdine's Garage at the
Aventura Mall, however, this is permitted only as an accessory use for patrons of the
mall.
CONDITIONS OF APPROVAL
1. The applicant shall deliver to the City, within 30 days of the date of the
resolution, a valid written renewal of the current lease for the approved extension
period.
2. The applicant agrees not to apply to the City of Aventura for any future extension
of time to operate the hand car wash at this location.
3. The applicant shall continue to operate the hand car wash in accordance with
the approvals issued by the Miami-Dade County Department of Environment
Resources Management (DERM).
4. This approval shall expire when the property to the immediate east is no longer
used as a marina or changes from a marina use, whichever is the earliest.
5. This approval is personal to the applicant and shall expire upon termination or
expiration of the lease described above or upon abandonment of the hand car
wash business or sale or transfer of the hand car wash business; or upon the
sale or transfer of the applicant's corporation; or upon the sale or transfer of the
assets of the applicant or by the principal of the applicant, Guillermo Freile; or
upon the applicant's opening of the hand car wash business in a new location
within the City of Aventura subsequent to the date of this Resolution.
4
BILZIN SUMBERG DUNN BAENA PRICE & AXELROD LLP
A PARTNERSHIP OF' PROFESSIONAL. ASSOCIATIONS
21500 FIRST UNION FINANCIAL CENTER
200 SOUTH BISCAYNE BOULEVARD. MIAMI, FLORIDA 33131-2336
TELEPHONE: (305) 374-7580 . WWW.B1L.Z1N.COM
FAX: (305) 374-7593 . BROWARO: (954) 356-0030
RECEIVED
STANL.EY B. PRICE. P.A.
OIRECT DIAL (30S) 350-2374
It-MAIL sprice@bilzin.com
COMMUNITY DEVELOPME/ir
April 26, 2002
Ms. Joanne Carr
Community Development Department
City of A ventura
19200 West Country Club Dr., 4th FIr.
Aventura, FL 33180
Re: Aventura's Finest Car Wash. Inc.: 2890 NE 187 ST. Aventura. FL
Dear Ms. Carr:
LETTER OF INTENT
We represent Aventura's Finest Car Wash, Inc., located at 2890 NE 187 ST,
which is seeking to modify their approved resolution (Exhibit "A", Section 4.F) in
order to continue operating for an additional two years.
Pursuant to your Department's rules and regulations, please accept this as
our forma11etter of intent seeking a June 2002 public hearing in order to modify
resolution no. 97-48, condition (f), which sets the maximum duration of the
approved variances for an outside carwash at 5 years and 30 days from the date of
the resolution (August 5, 1997). This condition would require our clients to cease
operations on September 4, 2002.
We are requesting an additional 2 years in order to allow our clients enough
time to make the necessary arrangement for transferring their washing equipment
and other machinery to a new location. Our clients are actively searching for and
evaluating new locations to continue serving their customers in the City of
Aventura. Specifically, they are evaluating the Harbour Centre and two other
locations in northern Aventura as potential new locations. However, sites
permitting a hand carwash operation are limited, which is why we are requesting
\75231\17208\#564517 vi
4/25/02
EXHIBIT #1
,.....,... Ii.,&.-...
BILZIN SUMBERG DUNN BAENA PRICE & AXELROD LLP
Ms. Joann Carr
April26,2002
Page 2
the additional time to find a proper location. Please note that should we find a
suitable new location before the two-year time limit, we will gladly cooperate with
the City to expedite the move sooner than two-years.
Please let me know what other documentation or information you need in
order to schedule the requested public hearing in June 2002. Should you have any
questions regarding the above, please contact me at 305-350-2374.
Very truly yours,
----.,
"~..'0 /
~-' 'I,J\ . ':....x
Stanley . Price
cc: Guillermo Freile
\752311172081#564517 vi
4/25/02
RESOLUTION NO. 97-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA GRANTING A USE VARIANCE
FOR PROPERTY LOCATED AT 2890 NE 187 STREET TO
PERMIT AN OUTSIDE CAR WASH IN A PARKING LOT;
GRANTING A NON-USE VARIANCE TO WAIVE
EIGHTEEN FEET (18') OF THE MINIMUM REQUIRED
TWENTY FOOT SETBACK BETWEEN BUILDINGS
WHERE A PROVISION OF TWO FOOT (2') SETBACK
BETWEEN BUILDINGS IS PROPOSED; GRANTING A
NON-USE VARIANCE TO WAIVE THIRTY-FIVE (35) OF
THE MINIMUM REQUIRED SIXTY-EIGHT PARKING
SPACES WHERE A PROVISION OF THIRTY-THREE
PARKING SPACES IS PROPOSED; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the property described herein is zoned IU-1, Industrial, Light
Manufacturing District; and
WHEREAS, the Applicant, Aventura's Finest Hand Car Wash, Inc., a Florida
Corporation, ("Finest") is requesting a Use Variance to permit an outside car wash in a
parking lot on that certain property located at 2890 NE 187 Street, as legally described
on Exhibit"N attached hereto; and
WHEREAS, the Applicant, Big-E Marine Properties, Inc., a Florida Corporation,
("Big-E") is requesting a Non-Use Variance to waive eighteen feet (18') of the minimum
required tv.tenty foot setback betv.teen buildings where a provision of a two foot (2')
setback betv.teen buildings is proposed; and
WHEREAS, the Applicant, Big-E Marine Properties, Inc., a Florida Corporation,
is requesting a Non-Use Variance to waive thirty-five (35) of the minimum required
sixty-eight parking spaces where a provision of thirty-three parking spaces is proposed;
and
WHEREAS, the City Council has held a public hearing as provided by law; and
WHEREAS, the City Council finds that the Application meets the criteria of the
applicable codes and ordinances, subject to the conditions imposed in Section 4 below,
to the extent the Application is granted herein.
\
Resolution No. 97-48
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 01-VAR-97 for a Use Variance to permit an outside
car wash in a parking lot on property legally described on Exhibit "A" attached hereto
and made a part hereof, alkJa 2890 NE 187 Street, .is hereby granted, subject to the
conditions provided in Section 4 below.
Section 2. Application No. 01-VAR-97 for a Non-Use Variance to waive
eighteen feet (18') of the minimum required twenty foot setback between buildings
where a provision of two foot (2') setback between buildings is proposed is hereby
granted, subject to the conditions provided in Section 4 below.
Section 3. Application No. 01-VAR-97 for a Non-Use Variance to waive thirty-
five (35) of the minimum required sixty-eight parking spaces where a provision of thirty-
three parking spaces is proposed is hereby granted, subject to the conditions provided
in Section 4 below.
Section 4. Conditions: The approvals provided by Section 1, 2 and 3 above
are subject to each of the following conditions:
a. This variance shall expire when the property to the immediate east is no
longer utilized as a marina or changes from marina use;
b. Applicant Finest, the owner of the subject car wash business shall obtain
a valid written lease, for a five (5) year term, from Applicant Big-E, the
owner of the marina, which lease shall be delivered to and filed with the
City within 30 days from the date of this Resolution;
c. The variance approval is personal to the Applicant Finest and shall expire
upon termination or expiration of the lease described above or upon
abandonment of the car wash business or sale or transfer of the car wash
business or the sale or transfer of the Finest corporation, or the assets of
such Applicant Finest from Finest or by the principal of such Applicant,
Guillermo Freile.
Resolution No. 97-48
Page 3
d. Landscaping shall be installed by Applicants within 90 days of date of this
Resolution;
e. Department of Environmental Resources Management (DERM) required
improvements shall be completed by Applicants within 180 days of the
date of this Resolution;
f. Maximum duration of variances shall be for a total of five (5) years and 30
days from date of this Resolution.
Each of these conditions were agreed to by Applicants at the public hearing on August
5, 1997.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Council member Beskin, who moved its
adoption. The motion was seconded by Councilmember Holzberg, and upon being put
to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Council member Ken Cohen
Council member Harry Holzberg
Councilmember Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
yes
yes
yes
yes
yes
yes
absent
PASSED AND ADOPTED this 5th day of August, 1997.
A~~hc~
TERESA M. SMITH, CMC
CITY CLERK
APPRP.YED ~S TO LEGAL SUFFICIENCY:
~~~
CITY ATTORNEY .
Resolution No. 97-48
Page 4
This Resolution was filed in the Office of the City Clerk thiseZk. day or;/i "A, ...,A997.
,j mJ(J nM&. =0=
CITY CLERK
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BROWARD COUNTY
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DADE COUNTY
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EXHIBIT #2
OJI-VAR-97 (REV)
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EXHIBIT #3
01-VAR-Q7 (RI=\/\
Leaal DescriDtion
Ccmrerlce at the NorttIeatot comer of the NW 1/4 of the.SE 1/4 of the 5\11/4 of
lii'acl:ioMl ~ct1on 3, 'rownship S2 South. Range 42 East; Dade County.
Rorldaj thence run North rJ' 39'25" West for a distance of 180.25 feet to
a point;. thence rtxfNorth 89" 20'35" East for a distance 9f 70 feet to a
point on the East right-of-way 1iM ot R.E. 29th Avenue: ..thence run
~t:h <139'25" East along the East right-of-way line of N.E. 29th
Avenue for a. dtatance of ':19,74 feet to the point. of beg1Iln1tlg of the
fol1.cMU1g descrlbed parcel and the po'intiIlf cu:tVat:U):e of a curve c;oncave
to the NorttMest: thence continua along said curve, Mving for its el~ts
a radius of 198.90 feet, a central ao,gle of 9rJ'42'ltC", for an arc distance
of 314,90 feet to tbe point of tangency on the Soi.tt:h right-oi-way line of
N.E. 187th Street: thence run North 89" 56'45" West along said South right-
of -way line for a distllnc<l of 142.58. feet to a point: thence run South
0"02'30" West for a distsnce of,l8S.64 feet to a point of curva.ture of a
curve concave to the Northeast: tha1<:e run along the arc of said curII'a.
having for its e~ts a radius of 30 feet, a cMtral qle of 45004'53"
. for a distance of 23.60 feet to a point of reverse curwi thence run a1.oag
the a;c: of a curve concave CO the Southwest, hA~ for its e1.el1m1t:s a
t'lld1us of LOO feet, acent:ral angle of '21029'0511 for a dietance of 37.50
feet to a poin!: on said c:utVI!, siiid point ~ng North 66"26'42" East
fi:an the center of said curve: thence run South 89" 58'lS" East for a .
Jliat:ance of 297.03 feet to a point; thence run North 0039'25" West, . ~
216.10 feet to a point; thence run North 88' 51'54" East for If distanOO of 20
feet to a point: theoce Tun North 0" 39' 25" West for a diQtance of 225.41
feet: to the point of beginnirlg, cont:aini.ng 86.815.9 square feet, tmrtfor:
less or 1. 9? ~es, llDre or less.
'.
Together with the interest of grantors in that (:ertain caOal easeilent: trOre
l>peeifica.lly eet out in oasemant agreenent executed by R. Il. Gaut:iet',Jr;.
individl.ially end as Trustee, joined by his wife., 1:rances'1autier, and.
At1.&s Tcn1tl.tui1.s of'l'1ori&., Txlc. to North Dude Acrea. lnc., dated June 4,
1962, in O. R.' Book 3185, page 743 of the.Public Records'.af.Dade County..'-'"
norida, . . .
..
~ubject, hOl1ever, .to the terms and cond1tlons of that certe-in
Covenant Running With The Land In Favor Of Metropolitan Dade
CO.llnty reco/C!e'dat Offi.c1al Records 8001; 13284, Page 51Z, of the
Pu~ltc Records ~f Dade County, Florida.
EXHIBIT #4
01-VAR-97 (REV)
FROM RVENTURR eRR WRSH
FRX NO. : 305 S36 S:2~ May. 20 2002 11:21RM Pl
t-Y\ \ ! \..\,:k"~-....; \..hCk~"""'"
~-"" HI-LIFT MARINA, INC.
U- 7090 N.E. 1R7TH S.IREr-
AVENTURA FLCRI[)A 3:;: 52
l'ItClnr:' Dade (30:1) H31-?5GQ
BrowMld (9S<1) t1F.~-0733
f"';:a)(,- nO!.;) 935.097f.l
!::-l11ail: !=>aII:H:(~f}lll.1iftln~ril1;l";Om
17 May, 2002
A ventura's Finest Hand Car Wash
Mr. Guillermo Freile
. Ref: Business Lease Dated 1 September, 1997, between Big E Mari::e Properties, Inc. and Guillermo
Freile dba A ventura:s Finest Hand Car Wash
Dear Guillermo:
The referenc~d lease was established for the teon of 5 years, a~d will expire on 31 August, 2002.
Provisions in said lease provide for renewal for an llddiiional 5 year lerm, with considerations permitted
~~~~~W~~. .
It is the intention of Big E Marine Properties, Inc. to renew this lease for lUl additional 5 year tenn,
effective 1 September, 2002, with expiration on 31 August, 2007. The total agreed rent for the term
specified shall be $197,600. ($72,800 for the first 24 months, and 5124,800 for the remaining 36
. months). Sales taxes will be additional as dictated \)y governmental authority. Payments shall be made
weekly commencing 4 September, 2002. Installments sball be S700.00 per week plus applicable taxes
through the 104th week, and increasing to S800.00 per week plus applicabie taxes through the
remainder of the ten'll.
All existing tenus and conditions of the existing lease shall remain i:: effect. Upon renewal of existing
lease, an addendum will be provid~d for signatures further stating the renewal dates and terms.
Please contact me with any questions. Thank you fQr your continued coopemtion and business
relationship.
Sincerely,
~~
John M. Ellis, President.
Big E Marine Properties, Inc.
EXHIBIT #5
01-VAR-97 R~:i~~~ IJf
D.~ TEu .51?5_~fi !tXO?_ :-'?i?-~
RESOLUTION NO. 2002-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA MODIFYING THE APPROVALS
GRANTED PURSUANT TO RESOLUTION NO. 97-48 ADOPTED
AUGUST 5,1997; TO MODIFY CONDITION f. OF SECTION 4 OF
RESOLUTION PROVIDING A MAXIMUM DURATION OF
VARIANCES FOR FIVE YEARS AND 30 DAYS FROM THE DATE
OF THE RESOLUTION; FOR PROPERTY LOCATED AT 2890
NE 187 STREET, CITY OF AVENTURA; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS the applicant, Aventura's Finest Hand Car Wash Inc., was
granted miscellaneous approvals by Resolution No. 97-48 adopted by the City
Commission of the City of Aventura on August 5,1997; and
WHEREAS the applicant has requested a modification to extend the
maximum duration of the variances granted for an additional two year period; and
WHEREAS, following proper notice, the City Commission has held a
public hearing, as provided by law; and
WHEREAS the City Commission finds that the Application meets the
criteria of the applicable codes and ordinances, to the extent the Application is
granted herein;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The applicant's request to modify Condition f. of Section 4 of
Resolution No. 97-48 for property legally described as:
Part of the NW Yo of the SE Yo of the SW Yo of Fractional Section 3,
Township 52 South, Range 42 East, Miami-Dade County, City Of
Aventura, more particularly described on Exhibit A to this Resolution
is hereby approved for six (6) months from September 4, 2002 to March 4, 2003,
subject to the following conditions:
Resolution 2002-
Page 2
1. The applicant shall deliver to the City, within 30 days of the date of the
resolution, a valid written renewal of the current lease for the approved
extension period.
2. The applicant agrees not to apply to the City of Aventura for any future
extension of time to operate the hand car wash at this location.
3. The applicant shall continue to operate the hand car wash in accordance
with the approvals issued by the Miami-Dade County Department of
Environment Resources Management (DERM).
4. This approval shall expire when the properly to the immediate east is no
longer used as a marina or changes from a marina use, whichever is the
earliest.
5. This approval is personal to the applicant and shall expire upon
termination or expiration of the lease described above or upon
abandonment of the hand car wash business or upon the sale or transfer
of the hand car wash business or upon the sale or transfer of the
applicant's corporation, or upon the sale or transfer of the assets of the
applicant or by the principal of the applicant, Guillermo Freile, or upon the
applicant's opening of the hand car wash business in a new location within
the City of Aventura subsequent to the date of this Resolution.
6. All other provisions of Resolution No. 97-48 not modified or deleted by this
Resolution shall remain in full force and effect.
Section 2. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
,who
moved its adoption.
The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
Resolution 2002-
Page 3
PASSED AND ADOPTED this 4th day of June, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this
June, 2002.
CITY CLERK
day of
LeaalDescriDtion
~ at the No...I11e&&t C01:n8r of the RW 1/4 of the. BE 1/4 of the S\t 1/4 of
R'actLonal ~t1on 3, Tawnsh1p S2 South, Range 42 Baat; Dade County, .
nedda; thence run North a' 39'25" West for a dlIlt:ance of 180.25 feet to
a point;. thence r\.l1'North 89"20'35" Baat: for a distance Qf 70 feet to a
point on the East r1ght-of-way Una ot N.E. 29th Avenue; ..thence run
South 0' 39 '25" East along the East rtght-of-way line of N.E. 29th
Avewe for a dt.stance of !i9.74 feet to the point. of beg1nnf.ug of the
fotl.c:Mir1g. described parcel and the 51tltlDf cuxVature of a curve c;oncaw
to the Northwest. thence continue a add curvlt h4v1ng for ita e1ell=ts
a radius of 198.90 feet, a c.e:ntt'al an& e of 9C1'42'J.o",.for an arc distance
of 314.90 feet to tbe point of tangency on the Soi.d:h nght-of-way line of
N.E. 187th Street; thence run Nordi 89" 56'45" West a1.ong said South ~t-
of -way line for a distance of 142.58. feet to a point; tfieDce run South
tr02'3Q" West for a distance of. 188.64 feet: to a point of curvature of a
CUl:W concave to the Nort:heut; thence run alOCl8 i:be uc of said. C\IrW,
hav111g for its e]~ta a radius of 30 feet, a central qle of 4S004'S3"
. for a distance of 23.60 feee to a point of :reverse curwi thence run aloag
. the arc of a curve concave to the Southwast, haM for its e1~ a
1:8d1os of 100 feet, a cent:ra1 angle of '21.29'05" for a tll.etanc:e of 37.SO
feet to a poine on laid curve. sud point bea;1tlg North 6e 26'42" East
fl:an the center of said cur'IIe; thence run SOuthll9" 58'15" Esst for n .
diatance of 297.03 feet to a point; thence N\ North 0"39'25" West. .
216.10 feet to a point; thence run North 88"51'54" East for If disl:St1OOof 20
feet to a point; t::hence run North 0039'25" "''est for a cliQte.nceof 225.41
fee~ to the point of be~, containing 86,815.9 square feet, mrtt'or:
less or 1. 9? ~s, IlDre or less.
". I,
~
Together with the interes t of gri.ntora in that c;ertaf,n carial. e.aseknt: m:n:e
specifically eet out in ClUGllMInt egreeaent executed by R. B. G""ti~..., .Jr;.
Uld1\11d.ually and as Trustee, joined by his wife., l~snces ~autier, lll1d.
Atlas Ttmll1n&1a of'l'1orida, me. to North OII.cle Acrea. lnc., dated JUI.'lB 4,
1962, in O. R.' &xli< :n85, page 743 of t;he.l'I:blic Reeords'.of.Dada County......-
P1orida. . . .. .
..
~ubject. however, .to the terms and conditions of that cert~1n
Covenant Running With The Land In Favor Of MetropolItan Dade
Co.unty reco/(1e'dat Off1.c1al Records Book 13284, Page 512, of the
Pu~l1c .~eeords _ o.f Dade County, florida.
Exhibit "A" to Resolution No. 2002-_
5
MAY. -21' 02(TUEl 10:35
B I LZ I N, SUMBER. ET. AL
P 002
APPLfCANT REPRESENTATIVE AFFIDAVIT
Pursuant to Secticn 31.71(b)(2)(i) of the CIty of Aventura Land Develgpment Code. this Applicant is hereby made ilIn
submitted. The undol"5ignlad authorized representative of the individual or entity applying for lhe DElvelOpmBnt Permit. which
Identified in the accompan)~ng application. and the owner of the property subject to the application (It different) hereby lists an
identffies all persons representing the individual or entity applying fur the Development Parmlt In connecllon with the applicatlon a
follows:
Name
RelationshIp (j,e. Attomeys, Archlteots. Landscape
Architect5, Engineers, lobbyists, Etc.)
Stanlev B. price. ESQ.
Andrew Diekman. ~sa.. AICP
AttofT!BV
Attomev
(Attach Addillonal Sheets If Necessary)
NOTICf;: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON USTED ON THe APPLICAN
RePRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR TH
DEVEI.OPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY, APPLICANTS AND AFFIANTS AR
ADVISED TO TIMELY $UPPLEMeNi THIS AFFIDAVIT PURSUANT TO SEC. 31.11 (b)(2)(lV) OF tHE CITY'S LAN
DJ:VELOPMENT ,~EGULATIONS IN THE CllY CODE, IN THE EVENT THAT PRIOR TO CONSIDeRATION OF TH
APPLICATION e'( THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIOAVI
BECOMES 'NCOF~RECT OR INCOMPLETE.
WITNESS MY HAI\lO THIS -2:!.- DAY OF /J1~ ,2002.
AUT
By:
Title:
IVE OF APPLICANT
~M~
Title: Pres Big E Marine Prooertles.lnc,
By: Address:
Titre; Attorney
Address: 200 South BI$ca~Ot!l Boulevard. Suite 2500
Miami. FL 33131
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
.,....~.....#. ROBERT D. EllIS
"'m"'~ "~ Notary Public - Stats of Florida
f. . ~ My Ccln'rnlIIb1 Elcpi'eI May 21, 200l
~ ~i Com million , DO 101577
';~_ClF .' Bonded By National Notary Aun.
."'U."
Before me the undersigned atithority appeared as the authori2ed repreiilimtatIlie of th
Applicant and/or the owner of the property subject to the application. who being first by me d tha
he/she executed this Affidavit1:lr the purposes Slated therein and that it is true and cor
SWORN TO AND SUBSCRlaeO BEFORE ME thIs a2L day of
MAY -21' 02 (TUE) ll: 51
BILZiN. SUMBER n. AL
P 002/002
BUSIN~llS RELATIONSHIP AFFIDAVIT'
This AI1Idavit Is made pursu.nt 10 SecUon 31.71(b)(2Wi) of the City of Aventura Land Development Code. The undersigned Alfian
hereby discloses that: (marl< with "~" applicable portions only)
I J 1.
Affiant doel: !lllI have a Business Relationship with any member of Ihe City Commission or any City
Advisory Board to which the application will be presented.
r X I 2. Affiant herelly discloses that it does have a Business Relationship with a member ot the City Commission
or a City Ad'liscry Board to which the application will b" presented, as follows;
r I L
[] ii.
r J iii.
Jeffrev ~~'Iow. Ese.
serves on Ihe Cilv Commission
Board upon which member serves)
The nature ",t the Business Relationship is as follows: Mr. Perlow serves as real "late counsel to the applicant
(L.ist name of Commissioner or Advisory Board Member) who
(L.ist City Commission or City Advisory
Member of '~ity CommlSliion or Board holds an ownership interest in excess of 1 % of total assets or
capital s10ck of Applicant or Representative;
Member of City Commission or Board is a partner, co-shareholder (as 10 snares of a corporation which
are not IIst"d on any national or regional slock exchange) or Joint venturer with tne Applicant or
Representative in any businase venture;
The Applicant or Representative II a Client of a member of the City Commislion or Board or a Client of
anolher profllssional working from the same office or for ths same employer as Ihe member of the City
Commission or Board;
[ ) v.
I J iv. A City Commissioner or Board member is a Client of the Applicant or Representative:
11 vi.
The Applica~t or Representative is a Customer Of the mamber of Ihe City Commission or Board (or of his
or ner empl"yer) and transacts more than $10,000.00 of tha busineu of the member of the City
Commission or Board (or his or her effllloyer) in a given calendar year,
The member of the City Commission or Board Is a Customer of the AppIiG;int or Representative and
transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar
year.
~
WITNESS MY HAND THIS .2.1 DAY OF
APPLICAN~ C
By: ~~> /' ~. (Sillnatu/'ll)
Name: ...t5G1ilermo e.. (Print)
T1tte: "Pre... Avenluras Fin"r. CaIW8sh and SeMc... InF- (Print)
,2002.
WITNESS MY HAND THIS
DAY OF
.2002
:R?~ER~ ?(b
~~ -
Title: Pres. Bit! !:: ~arine Pr,:atrties Inc.
(Signatu/'ll)
(Print)
(Print)
. The terms "Business RalatiMship," Client,' "Customer." 'Applicant,' "Rapresll/1/eliv9" and "Inta/'lls/ad P9fIlon' e/'ll defined i
Section 2.395 0' the A ventura City Code.
1I.,~~..
'M
'\ -:;
<>,....;;...00.
BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavit is made pursuant to Section 31-71 (b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby
discloses that: (mark with 'x' applicable portions only)
1xl1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory
Board to which the application will be presented.
I ] 2. Affiant hereby discloses that il does have a Business Relationship with a member of the City Commission or a
City Advisory Board 10 which the application will be presented, as foliows:
serves).
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member
The nature of the Business Relationship is as follows:
[ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or
capital slock of Applicant or Representative;
[ ] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation
which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or
Representative in any business venture;
[ I iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client
of another professional working from the same office or for the same employer as the member of the
City Commission or Board;
[ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[ J v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of
his or her employer) and transacts more than $10,000.00 of the business of the member of the City
Commission or Board (or his or her empioyer) in a given calendar year;
[ J vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and
transacts more than $25,000.00 of the business of the Applicant or Representative in a given
calendar year.
WITNESS MY HAND THIS...2.L DAY OF May
APPLICANT:
,J!8n 2002.
By:
Name:
Title:
(Signature)
(Print)
(Print)
WITNESS MY HAND THIS _ DAY OF
,2001.
PROPERTY OWNER:
By:
Name:
Title:
(Signature)
(Print)
(Print)
'The terms 'Business Relationship: "Ctient: "Customer: ',Appticant: 'Representative' and 'Interested Person' are defined in
Section 2-395 of the A ventura City Code.
MAY. -21' 02(TUE) 10:36
BlLZlN, SUMBER. ET, AL
p, OO~
REPRESENTATIVE: (Listeli on Business Relationship Affirfavlt)
,,~
Name: S I . 10.
WITNESS MY HAND THIS
Tille:
~A_A ----,
Andrew Dickman. Eso.. AIC?
By:
Name:
lille: Altorn""
DAY OF
, 2002.
(Signature)
By:
Name:
(Signature
(Print)
(Print)
(Pllnt)
(Pllnt)
litle:
(Signatwe) By:
(Print) Name;
(Print) litle:
(Signatum) By:
(Print) Name:
(Print) Title:
(Signature) By:
(Print) Name:
(Print) Title:
(Sillnatu/'8) By:
(Print) Name:
(Print) Title:
(Signature) By:
(Print) Name:
(Print) Title:
(SignatU/9
(Print)
(Print)
NOTe: 1) Use rfupfic:ate Sheets If rfisclOsurB information for Re:presentatlve varies.
2) Applicants and Alllants are atMSlld to lImely $Upp!emenl this AflidaVltpulSU3n1 to Sec. 31.71(bl(2)pv) of the City
Land O""e:lopmonl Regulations In the City Code, In tI1e event that prior to c:onslderation of the application by the CII
Board or Commi5sl"n, the Information provided in the....ftldauit ~ i!lllllflllCl.llf iIlCClll1plete.
MAY,-21'02!TUEl lO~3&
BILZIN, SU~BER, ET, AL
p, 005
NOTARIZATfQtII PROVISJOlll
STATe OF FLORIDA
COUNTY OF MIAMI.DADE
Before me, the un"er8~l18d auttTorllY, p.rSOllarlyappaarBl1 John M. Ems , tile Affiant, who billng first by me dilly swom, did liWlla
or affinn that oe/she exeCUted this Affidelvtt for the purposes Staled there", and thal~,. (, ~~
JO~M ~~~)
Ble E Marine Proper1les, Inc.
SWOR 8'e '10f~_
lm'~~Y""'##\ Notary P.U~IiC - S~te of ~ . ..
! . . g My Cornrnissioo ElIpi"eI May 21, 200l PubOG State of Florida at \...a1'Q$
~ 7Sj Commiuion" DO 101577 J::-Ot5ctL7 ~ E""LA is
~'lr.r,..~ Bonded By National Notary AllIn. Prinl8d Name of Nolaty
My comml$slon t1xplres: 5 -2../ - 0 ~
STAre"OF.'FlOR'io'A' .... """)".1 'I' ................. ....................,........ ...........1............... ..., II.........,... ,............'..1 I. ....,... ..... ,.........., ..........".....
COUNTY OF MIAMt-DADE )
Before 11'lG, lhe undersl"ned authority, personally appeared S .
okl 5W&l1f or affirm Itlal he/she 8llECLlte:l this Affidavit for the j)urposu 5talfld thbrf.lf
j\ffiant, wOO being first by me duly swor
MY COMMISSION # DD 094036
EXPIRES: February 20, 2006
Booded Thru ?ichard Insurance Agency
~1Jii~~ ~
~s::~ .~t:e-i-
Printed Name of Notary
My comml!'J5lop explreG~
~
STAT.S.OFlIIF-LoRlQA....."... .....f. ..'llt...." ....~ ~ I... ..... .....1........ .......'......, I...... ................... .... ...., I .............. ~.. ..t ....... "'11.. ....... ......... '" ..,.......1 ...... ............ If I." .....
COUNTY OF MIAMj.DADE }
SWORN TO A
. the Affiant, who being !irst by m
it 1s true and correct.
8em me, the underslglled authONly, personally appeared A
cluj)' Ilwom, dId swear or ilfflrm Ihat he/sheexe.culad tills Allidavlt for tl1e ~rpOlless!ated
MY COMMISSION # DO 094036
EXPIReS: February 20. 2006
~ Thru PleIlard InlUrance Agency
'sfA'TE.'OF"Fr.oRf:DA.'l>~.".. ......r.. ..'t.l-. ..................-...-.1....,...-...... .....". .... ..... t t ... ...., ..... .........1....._"'_.~.1-......... ,,,.,.," _ ...... ,__'1 ............. .... .'..........'.'1... ............ ..... ..,...... '. .
COUNTY OF MIAMI-DACe )
..
SWOANTOANOS08SC"'..D........ "'&"'01 ~~ - L R~
.., - ~-rI~~
Printed Name Of NotIfY
My commiss/Qn explrn~
........,.. ..............., .................." ............. ........... ........... ...... ........ .... ................... ",.;ir.~~ ""< ... j" 'QDE(iN!:~A'A'I'It<<"'"'' .............
tf' ~:~ MY COMMISSION # CC 894981
M EXPIRES: December 13, 2003
~" Bonded Thru Notary Public Underwriters
36
Petition
As a resident ofthe City of Aventura and a client of Aventura's Finest Car Wash,
my signature below represents my support for allowing the carwash to continue
operating at the its current location.
NAME ADRESS SIGNATURE
O'JI n Av1fl~I1" II',' /h. h~ 1/-1--/
f.rl"___~K('L!L/._ ('=' 3..L.-7-2.___________ -I-~_---------
, . ;,'iloo (~4t/Nf) 6ulf> ____________~
mB.tl-___RflfJ.tz("V 4,.11' ~_____ ,LLZ_~~:/_~
.A."_L~t;!}_ -_~_;~_~_'-_~_~_f_--__~::M 7,_- t___-_-_-_~_~_-_-_;_-_, /1-- Jt;(7-_---_I\-_-_ ('J An
laJ!J!..:_(Ji!li!!-ff- h on &.2. :::~H~-:""
illaCl({__t1L\fQQ0/ ~~Ji%:-0.~cf# -, ~~
o J ;bJ,?/I",(;"'9,AtY6 ,0//
n":L L2 _0/ _~_'!..~r::..!...:!f.!LLt___:>>-!!?. ___ -~ _ (/ ../
, r' ).. ,- c<J lfc.",~? 6 '-~ _ ..:':>"
pt:::t~'r:;i::~- r-~. ~
__~_7!2_~y i~~
./ff..4__ltd ~~~t12___ 11~~m.:::___________
\ ~ tX\ \c.~[L~W _~~~S1\:IJ~q~:1
- u.1~ ~fk.~~
-G4L1J.~~t>~---- l.~Q~l~~ ~\)() .'\2.2<"" - --fiJq4~---
~~j;Jl~ ~17.JL9~",l,\tQt D-~
- ~ i!Ye ~S '71L<LL~(Jf?!Lr'St ___ -;'~.lL:-~-
~~>~
Petition
As a resident ofthe Citv of Aventura and a dient of Aventura's Finest Car Wash,
my signature below represents my support for allowing the carwash to continue
operating at the its current location.
NAME
(t:,.J..) 5tJ
;;lO~ I 'd7 -;-.'" -- -.-- -- J/~
, / V I V c::.LV '1-- L-
1bt2.i~O_f:M.Ji!t1IJ _ _________ _______
/ __ ,___ _ ---OJ .-l~~~__~f!} to ~WJaA if ~~.:-r.-~--~1~ _ )
. ~ __ . Cf.(f)JjLif!Q_~~h__ ~_~
741 ~- /.
~QD.Ql.~_9,~IC;:U\~lfuj1~
-t1.f--~~l",-.....h. _~~_:~!.~S_~l.J..:':dI.."",
~m-IJ~
fLAtil:1J.;kjZa~'1i
~d (; ()-Cl::____
ADRESS SIGNATURE
_ 1l::!,3\+
11J..2.~_0_~,,_~l_~::r___ 2 .'
",,,,"v,,,,viA ");>' L,(~ /
~1) ~ O(li_~ .yI~ov ~L~
J'8i SIN E. 3 lot:; 0:l:: jJ
-~~~~----- I~ _________"___________
";\/00 (>Dl/in5 au.(' &
'0 ,n 1~fl'1 ,'6 c;, r '" ro". j_
;;~-:;:J--;jy/ W1:t~
~-~~ ~
___~5_?J~~~_L_3_9_9".J
-M.\\/ &i lAJ,~~_.w4tr - ___ __
!2~~ E 2 - / - c::::,.
___ ______________________1:____ __________~___
230! 51f/0J71J '-.;) -IV)I+(I... G //f:,/
Petition
As a resident ofthe Citv of Aventura and a client of Aventura's Finest Car Wash,
my signature below represents my support for allowing the carwash to continue
operating at the its current location.
NAME
Jafi2.._&z\1J:dQ
~7~4~7
~n2f'\'L 'S.~
~0&J ~Irn
.
_1.)_0 r _~_~'!l__Dt\.!?105
_c~~___4h_~~'4 /
~ '!_!lU_~f>_t.f,,:!:iiJ.n:.
, .
:..J?e.- cb\;;ns
~~~ .~~
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Petition
As a resident ofthe Citv of Aventura and a client of Aventura's Finest Car Wash,
my signature below represents my support for allowing the carwash to continue
operating at the its current location.
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As a resident ofthe City of Aventura and a client of Aventura's Finest Car Wash,
my signature below represents my support for allowing the carwash to continue
operating at the its current location.
N~ ADRESS SI~'" , ....-:-'
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Petition
As a resident ofthe City of Aventura and a client of Aventura's Finest Car Wash,
my signature below represents my support for allowing the carwash to continue
operating at the its current location.
NAME
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PETll'lON
All arellqeat llf the Ci~ 01' AH~fljrn and II clieAl of A"ell.[Ura" Vln... carw...h, my
Sianlllllre beieR' reprelcnh Rl3' support for allowl1l8 tile carw..1I to eontillue operatil' .t
Ita current locllllon.
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PETITION
A* a resideat of tlie ell', of AveutllU and a client of A"entllra'l Fln.t carwlllh. my
lIianature belo iI' represents Ill}' support for IlIl11wID, the carwa~h to continue operatlll at
its curreot loclltlnn.
NAME
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SIGN
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MAY. -28' 02(TUEI 12:09
mm, SU~IBSR. ET. AL
PETITION
P. 002
Aa It resideat of the Cltv of Aveutura and a clieat of Aventura'. Flnllll' Carwalh, my
.illlature belo w represents my support for allowlDI the cllrwasb to contioue operatinll .t
its current 10'lltloo.
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Petition
As a resident of the Citv of Aventura and a client of Aventura's Finest Car Wash,
my signature below represents my support for allowing the carwash to continue
operating at the its current location.
~AME. ~ / AD~~S~q
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A~
.
MINUTES
CITY COMMISSION MEETING
MAY 7,20026 PM
Aventura Government Center
19200 W. Country Club Drive
Aventura. Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:31 p.m.
by Mayor Jeffrey M. Perlow. Present were Commissioners Jay R. Beskin, Ken Cohen,
Manny Grossman, Harry Holzberg, Patricia Rogers-Libert, Mayor Perlow, Vice Mayor
Arthur Berger, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City
Attorney David M. Wolpin. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE.
3. ZONING HEARINGS: Ex-parte communications by Commissioners, if any, were
disclosed and filed with the City Clerk in accordance with City Code Section 34. All
witnesses giving testimony in these hearings were sworn in by the City Clerk.
Mayor Perlow left the room at this time.
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING VARIANCE FROM SECTION 31-
171(b) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
ALLOW 85 PARKING SPACES WHERE 86 PARKING SPACES ARE
REQUIRED BY CODE, FOR PROPERTY LOCATED AT 18901 AND
18909 NE 29 AVENUE, CITY OF AVENTURA; PROVIDING FOR AN
EFFECTIVE DATE
Joanne Carr, Senior Planner, explained the request of the applicant and entered
the staff report into the record. Vice Mayor Berger opened the public hearing.
The following individual addressed the Commission: Stanley Price, Esq., 2500
First Union Financial Center. There being no further speakers, the public hearing
was closed. A motion for approval was offered by Commissioner Cohen,
seconded by Commissioner Rogers-Libert, unanimously passed (6-0 with Mayor
Perlow absent from the room) and Resolution No. 2002-21 was adopted.
Mayor Perlow returned to the room at this time.
4. AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS: None.
5. SPECIAL PRESENTATIONS: Certificates of Appointment were presented to
members of the Board of Directors of the Aventura Cultural Center Foundation, Inc.
Miami-Dade County School Board member Betsy Kaplan addressed the Commission
regarding Charter Schools.
6. CONSENT AGENDA: Commissioner Holzberg requested removal of item 6B from
the Consent Agenda. A motion to approve the remainder of the Consent Agenda was
offered by Commissioner Rogers-Libert, seconded by Commissioner Cohen,
unanimously passed and the following action was taken:
A. Minutes were approved as follows:
April 2, 2002 Workshop Meeting
April 2, 2002 Commission Meeting
April 12, 2002 Workshop Meeting
April 26, 2002 Workshop Meeting
April 30, 2002 Workshop Meeting
C. The following motion was approved:
MOTION TO ACCEPT FOR FILING THE COMPREHENSIVE ANNUAL
FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER
30,2001
D. Resolution No. 2002-22 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA PROVIDING FOR ACCEPTANCE OF
DEDICATION OF EASEMENTS FROM GULFSTREAM PARK RACING
ASSOCIATION AND DAYTON-HUDSON CORPORATION TO THE CITY
OF AVENTURA TO INSTALL, ACCESS AND MAINTAIN THE
STREETLIGHT ELECTRICAL SYSTEM ON NE 213TH STREET:
AUTHORIZING THE CITY MANAGER TO OBTAIN AND EXECUTE
INSTRUMENTS CONCERNING DEDICATION; AUTHORIZING
ACCEPTANCE OF DEDICATION; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
E. Resolution No. 2002-23 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
2
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
F. Resolution No. 2002-24 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 MIAMI SHORES VILLAGE FOR LAW ENFORCEMENT
ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
G. Resolution No. 2002-25 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 NORTH 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.
H. The following motion was approved:
MOTION TO ADOPT THE AVENTURA COMMUNITY RECREATION
CENTER PROGRAMMING MATRIX AS RECOMMENDED BY THE
COMMUNITY SERVICES ADVISORY BOARD AND SET FORTH IN THE
CITY MANAGER'S MEMORANDUM DATED APRIL 30, 2002
I. The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $17,974
FOR SWAT EQUIPMENT, BADGES, CRIME SCENE OFFICE
FURNITURE, RIFLES FOR HONOR GUARD AND FORFEITURE FUND
LEGAL EXPENSES FROM THE POLICE FORFEITURE FUND IN
ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM DATED
APRIL 30, 2002
J. Resolution NO. 2002-26 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
3
SUBMIT AN EMERGENCY MANAGEMENT GRANT TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS FOR THE AVENTURA
EMERGENCY OPERATIONS CENTER; AUTHORIZING THE
COMMITMENT TO PROVIDE $150,118.80 IN MATCHING FUNDS;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND
EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
K. Resolution No. 2002-27 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA STRONGLY OPPOSING THE OPENING OF
THE NE 199TH STREET RAILROAD CROSSING; AUTHORIZING THE
CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION
TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
L. Resolution No. 2002-28 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.
The following item was removed from the Consent Agenda and addressed
separately:
B. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED JOINT PROJECT AGREEMENT FOR
HIGHWAY LANDSCAPING IMPROVEMENTS ALONG BISCAYNE
BOULEVARD PHASE 7 BY AND BETWEEN THE CITY OF AVENTURA
AND THE FLORIDA DEPARTMENT OF TRANSPORTATION;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND
EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
4
A motion for approval was offered by Commissioner Holzberg and
seconded by Commissioner Cohen. The motion for approval passed
unanimously and Resolution No. 2002-29 was adopted.
7. ORDINANCES - FIRST READING/PUBLIC INPUT:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 31-21 OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO AMEND THE DEFINITION OF "HOTEL";
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
A motion to defer this matter to the June Workshop Meeting was offered
by Commissioner Holzberg, seconded by Commissioner Cohen and
unanimously passed.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING SECTION 31-21 OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO AMEND THE DEFINITION OF "BUILDING";
AMENDING SECTION 31-75 OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO AMEND TEMPORARY USES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
Ms. Carr addressed the Commission. A motion for approval, including the
incorporation by reference into this hearing of all amendments and
testimony, written and verbal, relative to this item given at the preceding
Local Planning Agency meeting, was offered by Commissioner Rogers-
Libert, and seconded by Commissioner Cohen. There being no public
input, the motion for approval passed unanimously by roll call vote.
C. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 2 ENTITLED "ADMINISTRATION", BY AMENDING
ARTICLE II "DEPARTMENTS", SECTION 2-61 "CREATED" TO
PROVIDE FOR INCLUSION OF THE CHARTER SCHOOL AS A
DEPARTMENT OF GOVERNMENT WITHIN THE CITY; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR EFFECTIVE DATE.
5
A motion for approval was offered by Commissioner Rogers-Libert, and
seconded by Commissioner Cohen. There being no public input, the
motion for approval passed unanimously by roll call vote.
8. PUBLIC HEARING: ORDINANCES - SECOND READING:
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN OF THE CITY OF AVENTURA
BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR
THE CITY'S COMMUNITY RECREATION FACILITY SITE LOCATED AT
3375 NE 188 STREET FROM BUSINESS AND OFFICE TO PARKS AND
RECREATION; PROVIDING FOR TRANSMITTAL TO THE
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Cohen and seconded
by Commissioner Rogers-Libert. Mayor Perlow 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. 2002-13 was enacted.
10. RESOLUTIONS: None.
11. OTHER BUSINESS: None.
12. PUBLIC COMMENTS: The following individual addressed the Commission: Bruce
Rosenblatt, Turnberry Towers.
13. REPORTS: As presented.
14. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 7:03 p.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based.
6
A~
.
MINUTES
COMMISSION SPECIAL MEETING
MAY 9, 2002 5:30 PM
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
The meeting was called to order at 5:30 p.m. by Mayor Jeffrey M. Perlow. Present were
Commissioners Jay R. Beskin, Ken Cohen, Manny Grossman, Harry Holzberg, Patricia
Rogers-Libert, Vice Mayor Arthur Berger, Mayor Perlow, 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.
Due to the fact that more than 24 hours, but less than 48 hours' notice was given for this
meeting, In accordance with the City's procedural rules governing specially-called
meetings, a motion was offered by Commissioner Rogers-Libert, seconded by
Commissioner Grossman and unanimously passed that an emergency exists due to the
upcoming Public Hearing on May 15, 2002 regarding the intersection of 199th Street and
Biscayne Boulevard and thus this emergency meeting is duly called.
Commission discussed strategy in preparation for the above-noted Public Hearing.
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 7:30 p.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
,2002.
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.
~
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MINUTES
COMMISSION SPECIAL MEETING
MAY 16, 200210 AM
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33160
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 10 a.m. by
Mayor Jeffrey M. Perlow. Present were Commissioners Jay R. Beskin, Ken Cohen,
Manny Grossman, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Arthur Berger,
Mayor Perlow, 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.
At the request of the City Manager, a motion was offered by Commissioner Rogers-
Libert, seconded by Commissioner Holzberg and unanimously passed to add to the
agenda discussion of a Thank You ad relative to the 199th Street Railroad Crossing
issue to be published in the Miami Herald on Sunday, May 19, 2002. A motion to
approve the copy as presented was offered by Commissioner Rogers-Libert, seconded
by Commissioner Cohen and unanimously passed.
2. ORDINANCE: FIRST READING/PUBLIC INPUT: Mr. Wolpin read the following
ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING
THE ATTACHED CHARTER SCHOOL OPERATING, DEBT SERVICE
AND CAPITAL BUDGET FOR THE AVENTURA CHARTER
ELEMENTARY SCHOOL FOR FISCAL YEAR 2002/03 (JULY 1 - JUNE
30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER;
AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE
BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING
FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND
GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR
ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE
A motion for approval was offered by Commissioner Rogers-Libert and seconded by
Commissioner Berger. There was no public input. The motion for approval passed
unanimously by roll call vote.
ADJOURNMENT: There being no further business to come before the Commission at
this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 10:15 a.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
,2002.
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
A~
.
MINUTES
COMMISSION WORKSHOP MEETING
MAY 16, 200210 AM
(following Commission Meeting)
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
The meeting was called to order at 10:16 a.m. by Mayor Jeffrey M. Perlow. Present
were Commissioners Jay R. Beskin, Ken Cohen, Manny Grossman, Harry Holzberg,
Patricia Rogers-Libert, Vice Mayor Arthur Berger, Mayor Perlow, City Manager Eric M.
Soroka, City Clerk Teresa M. Soroka, and City Attorney David M. Wolpin. As a quorum
was determined to be present, the meeting commenced.
2. NE 188TH STREET RE-ZONING - INCENTIVE PACKAGE 2: (Taken out of order)
Consensus of Commission to defer this matter to a Special Workshop Meeting to
receive further input.
CITY MANAGER'S SUMMARY: Deferred.
1. CAPITAL IMPROVEMENT PROGRAM 2002-2007: Mr. Soroka reviewed the
proposed document and addressed Commission concerns.
CITY MANAGER'S SUMMARY: Consensus to proceed with program as presented
and formally adopt at June 4, 2002 Commission meeting.
3. CITY MANAGER REVIEW: Commission commended the City Manager on his
performance during his tenure to date and specifically the past year.
CITY MANAGER'S SUMMARY: Consensus to provide Manager bonus in the
amount of $17,500 and amend contract to extend severance provision to 12 months.
Consensus to schedule Visioning Session for August 6,2002 at 10 a.m.
4. 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 11 :25 a.m.
Teresa M. Soroka, CMC, 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
Pensionwill 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.
RESOLUTION NO. 2002-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, APPROVING SECOND
AMENDMENT TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY MANAGER AND THE CITY OF
AVENTURA; PROVIDING MERIT BONUS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Employment Agreement (the "Agreement") between the City
Manager and the City of Aventura (the "City") provides for an annual evaluation of the
performance of the City Manager in accordance with Section 1.4 of the Agreement; and
WHEREAS, the City Commission has conducted an evaluation of the City
Manager's performance and finds that the City Manager's performance is excellent; and
WHEREAS, the City Commission desires to grant a merit bonus and other
benefits to the City Manager.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Effective June 1, 2002, the City Manager is hereby granted a
bonus of $17,500 in accordance with Section 166.021(7) Florida Statutes.
Section 2. The Second Amendment to Employment Agreement, a copy of
which is attached hereto, amending Section 4.2 "Termination by City", is hereby
approved and the Mayor and City Clerk are hereby authorized, in their respective
capacities, to execute such Second Amendment to Employment Agreement on behalf
of the City.
Section 3. This Resolution shall take effect immediately upon adoption.
The foregoing Resolution was offered by Commissioner
its adoption. The motion was seconded by Commissioner
being put to a vote, the vote was as follows:
, who moved
, upon
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
Resolution No. 2002-_
Page 2
PASSED AND ADOPTED this 4th day of June, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
THIS SECOND AMENDMENT TO EMPLOYMENT AGREEMENT is made
and entered into this 4th day of June, 2002, by and between the City of Aventura
(the "City") and Eric M. Soroka, City Manager ("Soroka" or "City Manager").
WHEREAS, on April 19, 1996, the parties entered into the Employment
Agreement (the "Agreement") providing the terms and conditions of Soroka's
employment as City Manager of City, which Agreement was amended on July
21,1997;and
WHEREAS, in accordance with the annual evaluation conducted by the
City Commission pursuant to Section 1.4 of the Agreement, the parties desire to
further amend the Agreement as provided in this Second Amendment to
Employment Agreement (the "Second Amendment to Agreement"); and
WHEREAS, the Agreement, as previously amended and as amended
herein, shall constitute the Second Amended Agreement.
NOW, THEREFORE AND IN CONSIDERATION OF THE MUTUAL
PROMISES AND COVENANTS CONTAINED HEREIN, THE CITY AND CITY
MANAGER AGREE THAT THE AGREEMENT, AS PREVIOUSLY AMENDED,
IS HEREBY FURTHER AMENDED, AS FOllOWS:
Section 1. That Section 4 "Termination by City" , of the Agreement, is
hereby amended, by amending Section 4.2 to provide for an increase in the
Salary and Retirement Contribution components of severance pay from six
months to one year.
Section 2. City and City Manager further agree that all other terms and
conditions contained in the Amended Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the City and City Manager have caused this
Second Amendment to Agreement to be signed and executed, in duplicate, the
day and year first above written.
City Manager
City of Aventura
Eric M. Soroka
Jeffrey M. Perlow, Mayor
Attest:
Approved as to form and
legal sufficiency:
Teresa M. Soroka, CMC, City Clerk
City Attorney
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
Eric M. Soroka, City
TO:
City Commission
DATE:
May 29,2002
SUBJECT: Law Enforcement Mutua d Agreement Between the City and the
City of North Miami
June 4, 2002 City Commission Meeting Agenda Item '" c..
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
execution of the Law Enforcement Mutual Aid Agreement with the City of North Miami.
BACKGROUND
In order to improve cooperative relationships between law enforcement agencies and
provide a mechanism to share police resources in the event of emergencies or certain
demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows
agencies to enter into Police Services Mutual Aid Agreements. The various
departments use a basic Mutual Aid Agreement.
The following list comprises the circumstances and conditions under which mutual aid
may be requested:
1. The joint multijurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trials, political conventions, labor disputes
and strikes.
3. Any natural disaster.
4. Incidents which require rescue operations and crowd and traffic control
measures including, but not limited to, large-scale evacuations, aircraft
and shipping disasters, fires explosions, gas line leaks, radiological
incidents, train wrecks and derailments, chemical or hazardous waste
spills, and electrical power failures.
5. Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from disturbances within detention facilities.
7. Hostage and barricade subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, back-ups
to emergency and in-process calls, pursuits, and missing person calls.
9. Enemy attack.
10. Transportation of evidence requiring security.
11. Major events, e.g., sporting events, concerts, parades fairs, festivals and
conventions.
12. Security and escort duties for dignitaries.
13. Emergency situations in which one agency cannot perform its functional
objective.
14. Incidents requiring utilization for specialized units, e.g., underwater
recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol,
and police information.
15. Joint training in areas of mutual need.
The Agreement is beneficial in our mission to protect the safety and quality of life of our
residents.
If you have any questions, please feel free to contact me.
EMS/tms
Attachment
CC01083-02
MUTUAL AID AGREEMENT
Between the North Miami Police Department
and the City of Aventura Police Department
WHEREAS, it is the responsibility of the governments of the City of North
Miami, Florida, and the City of Aventura, Florida, to ensure the public safety of
their citizens by providing adequate levels of police services to address any
foreseeable routine or emergency situation; and
WHEREAS, because of the existing and continuing possibility of the occurrence
of law enforcement problems and other natural and man made conditions which
are, or are likely to be, beyond the control of the services, personnel, equipment
or facilities of the participating municipal police departments; and
WHEREAS, in order to ensure the preparation of these law enforcement
agencies will be adequate to address any and all of these conditions, to protect
the public peace and safety, and to preserve the lives and property of the people
of the participating Dade County municipalities; and
WHEREAS, the participating Dade County municipalities have the authority
under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into a Mutual
Aid Agreement.
NOW, THEREFORE, BE IT KNOWN, that the City of North Miami, subdivision
of the State of Florida, and the undersigned representatives, in consideration of
mutual promises to render valuable aid in times of necessity, do hereby agree to
fully and faithfully abide by and be bound by the following terms and conditions:
1. Short title: Mutual Aid Agreement
2. Description: Since the Mutual Aid Agreement provides for the requesting
and rendering of assistance for both routine and intensive law
enforcement situations, this Mutual Aid Agreement combines the elements
of both a voluntary cooperation agreement and a requested operational
assistance agreement as described in Chapter 23 Florida Statutes.
3. Definitions:
A. Joint declaration: A document which enumerates the various
conditions or situations where aid may be requested or rendered
pursuant to this Agreement, as determined by concerned agency
heads. Subsequent to execution by the concerned agency heads,
the Joint Declaration shall be filed with the clerks of the respective
political subdivisions and shall thereafter become part of this
Agreement. Said declaration may be amended or supplemented
.'...'
at any time by the agency heads by filing subsequent declarations
with the clerks of the respective political subdivisions.
B. Agency or participating law enforcement agency: Either the
City of North Miami Police Department or the participating
municipal police department.
C. Agency Head: Either the Chief of the City of North Miami Police
Department, or the Chiefs designees, and the Chief of Police of the
participating municipal police department, or the Chiefs designees.
D. Participating municipal police department: The police
department of any municipality in Dade County, Florida, that has
approved and executed this Agreement upon the approval of the
governing body of the municipality.
E. Certified law enforcement employees: Any law enforcement
employee certified as provided in Chapter 943, Florida Statutes.
4. Operations:
A. In the event that a party to this Agreement is in need of assistance,
as specified in the applicable Joint Declaration, an authorized
representative of the police department requiring assistance shall
notify the agency from which such assistance is requested. The
authorized agency representative whose assistance is sought shall
evaluate the situation and his available resources, and will respond
in a manner deemed appropriate.
B. Each party to this Agreement agrees to furnish necessary man
power, equipment, facilities, and other resources and to render
services to the other party as required to assist the requesting
party in addressing the situation which caused the request;
provided, however, that no party shall be required to deplete,
unreasonably, its own manpower, equipment, facilities, and other
resources and services in rendering such assistance.
C. The agency heads of the participating law enforcement agencies,
or their designees, shall establish procedures for giving control of
the mission definition to the requesting agency, and for giving
tactical control over accomplishing any such assigned mission and
supervisory control over all personnel or equipment provided
pursuant to this Agreement to the providing agency.
5. Powers, Privileges, Immunities, and Costs:
,'..
A. All employees of the participating municipal police department,
certified law enforcement employees as defined in Chapter 943,
Florida Statutes, during such time that said employees are
actually providing aid outside of the jurisdictional limits of the
employing municipality pursuant to a request for aid made in
accordance with this Agreement, shall pursuant to the provisions
of Chapter 23, Florida Statutes, have the same powers, duties,
rights, privileges, and immunities as if they were performing their
duties in the political subdivision in which they are regularly
employed.
B. The political subdivision having financial responsibility for the law
enforcement agency providing the services, personnel, equip-
ment, or facilities pursuant to the provisions of this Agreement
shall bear any loss or damage to same and shall pay any and
all expenses incurred in the maintenance and operation of same.
C. The political subdivision having financial responsibility for the law
enforcement agency providing aid pursuant to this Agreement shall
compensate all of its employees rendering aid pursuant to this
Agreement, during the time of rendering of such aid, and shall
defray the actual travel and maintenance expenses of such
employees while they are rendering such aid. Such compensation
shall include any amounts paid or due for compensation due to
personal injury or death while such employees are engaged in
rendering such aid. Such compensation shall also include all
benefits normally due such employees.
D. All exemptions from ordinances and rules, and all pension,
insurance, relief, disability, workers compensation, salary,
death, and other benefits which apply to the activity of such
officers, agents, or employees of any such agency, when
performing their respective functions within the territorial limits
of their respective agencies, shall apply to them to the same
degree, manner, and extent while engaged in the performance
of their functions and duties extraterritorial under the provisions
of this Mutual Aid Agreement. The provision of this Agreement
shall apply with equal effect to paid and auxiliary employees.
6. Indemnification: The political subdivision having financial responsibility
for the law enforcement agency providing aid pursuant to this Agreement
agrees to hold harmless, defend, and indemnify the requesting law
enforcement agency and its political subdivision in any suit, action or claim
for damages resulting from any and all acts or conduct of employees of
said providing agency while providing aid pursuant to this Agreement,
subject to Chapter 768, Florida Statutes, where applicable.
.',,-'
7. Forfeitures: It is recognized that during the course of the operation of the
Agreement, property subject to forfeiture under the Florida Contraband
Forfeiture Act, Florida Statutes, may be seized. The property shall be
seized, forfeited, and equitably distributed among the participating
agencies in proportion to the amount of investigation and participation
performed by each agency. This shall occur pursuant to the provisions of
the Florida Contraband Forfeiture Act.
8. Conflicts: Any conflict between this Agreement and the Florida Mutual
Aid Act will be controlled by the provisions of the latter, whenever
conditions exist that are within the definitions stated in Chapter 23, Florida
Statutes.
9. Effective Date and Duration: This Agreement shall be in effect from
date of signing, through and including January 1, 2004, and under no
circumstances may this Agreement be renewed, amended or extended
except in writing.
10.
Cancellation: This Agreement may be canceled by either party upon
sixty (60) days written notice to the other party. Cancellation will be at the
discretion of the chief executive officers of the parties hereto.
,2002.
City Manager, City of North Miami, FL
City Manager, City of Aventura, Florida
ATTEST:
ATTEST:
~itj
City Clerk, City of Aventura, Florida
TERESA M. SOROKA, CMC/AAE
..e.v~J.."-
iami, FL
:;;z!. )
APPROVED AS TO FORM ^rlU LE2: L. B'Jrr)lgl~r ley:
. 2'~1--
of North Miami, FL
City Attorney, City of Aventura, Florida
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JOINT DECLARATION
OF THE CHIEF OF THE CITY OF AVENTURA POLICE DEPARTMENT
AND THE CHIEF OF THE CITY OF NORTH MIAMI POLICE DEPARTMENT
PURSUANT TO MUTUAL AID AGREEMENT
A deputy sheriff or police officer of either of the participating law enforcement
agencies shall be considered to be operating under the provisions of the Mutual
Aid Agreement when:
participating in law enforcement activities that are preplanned
and approved by each respective agency head, or
appropriately dispatched in response to a request for assistance
from the other law enforcement agency.
In compliance with, and under the authority of, the Mutual Aid Agreement, hereto
entered into by the City of Aventura, Florida, and the City of North Miami,
Florida, it is hereby declared that the following list comprises the circumstances
and conditions under which mutual aid may be requested and rendered
regarding police operations pursuant to the Agreement. Said list may be
amended or supplemented from time to time, as needs dictate by subsequent
declarations.
1. Joint multi-jurisdictional criminal investigations
2. Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trials, political conventions, labor disputes,
and strikes
3. Any natural disaster
4. Incidents which require rescue operations and crowd and traffic control
measures, including, but not limited to, large-scale evacuations, aircraft
and Shipping disasters, fires, explosions, gas line leaks, radiological
incidents, train wrecks and derailments, chemical or hazardous waste
spills, and electrical power failures
5. Terrorist activities including, but not limited to, acts of sabotage
6. Escapes from or disturbances within detention facilities
7. Hostage and barricaded subject situations, and aircraft piracy
8. Control of major crime scenes, area searches, perimeter control, backups
to emergency and in-progress calls, pursuits, and missing persons calls
:"",'
9. Enemy attack
10. Transportation of evidence requiring security
11. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and
conventions
12. Security and escort duties for dignitaries
13. Emergency situations in which one agency cannot perform its functional
objective
14. Incidents reqUiring utilization of specialized units; e.g., underwater
recovery, canine, motorcycle, crime scene, marine patrol enforcement or
investigation, and police information
15. Joint training in areas of mutual need
16. Participating in exigent situations without a formal request which are
spontaneous occurrences such as area searches for wanted subjects,
perimeters, crimes in progress, escaped prisoners; traffic stops near
municipal boundaries, request for assistance and no local unit is available
or nearby, calls or transmissions indicating an officer is injured, calls
indicating a crime or incident has occurred in which a citizen may likely be
injured and the assisting municipality is closer to the area than the officer
receiving the call
17. Mutual enforcement of all existing applicable laws and ordinances and
exercise of arrest powers within the area comprising the jurisdictional
waters within respective municipal boundaries
DATE:~.z /1; ~J.
DATE:
Chief~ra~IiCe Dept..
Aventura, Florida
THOMAS E. RIBEL
ATTEST:
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City Clerk. City of Aventura
TERESA M. SOROKA. CMC/AAE
JOINT DECLARATION AMENDMENT UNDER
NORTH MIAMII
AVENTURA POLICE
MUTUAL AID AGREEMENT
This Agreement amends the Joint Declaration under the Mutual Aid Agreement
of April _, 2002, to include and permit concurrent marine patrol related
jurisdiction between agencies on the waters, waterways, canals, channels, rivers,
lakes, streams, and any and all other bodies of waters, including the Intracoastal
Waterway (ICW) that fall within either jurisdiction at this or any future time during
the term of this Mutual Aid Agreement.
It will be agreed between both Chiefs of Police of the City of North Miami and the
City of Aventura to the following conditions of concurrent marine patrol related
jurisdiction:
1. Both agencies will be permitted to patrol jurisdictional waters of either
jurisdiction, and to take enforcement actions as deemed appropriate
under city, state, and federal laws, rules, and regulations, and to write
boating law violation citations, make arrests, and to attend court on be-
half of the other agency.
2. Both agencies agree that any and all incidents, which require an initial
(preliminary) police offense incident report (GIR), will be completed by
the agency making the initial contact. Any follow-up investigations that
are required are to be completed by the jurisdiction the incident occurred
regardless of which agency completed the original offense incident report.
3. If an arrest is made by one agency that is operating in the jurisdictional
waters of the other agency, and that arrest results in asset forfeiture
proceedings, both agencies agree to a 50-50 share of the final asset
distribution following the payment of all expenses relating to the prose-
cution of the civil case. The jurisdiction of civil forfeiture action shall be
filed by seizing agency.
4. Both agencies have the right to set their own days and hours for marine
patrol and agree to provide assistance and aid to the other agency under
the spirit of Mutual Aid Agreement.
This Amendment shall become effective upon the signing of both Chiefs of Police
and shall remain in effect until either the current Mutual Aid Agreement and Joint
.~.
Declaration expires or either agency gives written notice to the other agency to
rescind this Amendment.
I accept the terms and conditions of the aforementioned Amendment to the
current Mutual Aid Agreement and Joint Declaration between the City of
Aventura Police Department and the City of North Miami Police Department.
Date
Date
t fL ~~QJv-2>
City Manager
North Miami, Florida
Eric M. Soroka, City Manager
Aventura, Florida
~M~~
e dolyn V oyd- vage
Chief of Police
City of North Miami Police Dept.
(J.!I.~
Thomas E. Ribel, Chief of Police
City of Aventura Police Dept.
(914:Joint Declaration)
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RESOLUTION NO. 2002-_
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 NORTH MIAMI FOR LAW ENFORCEMENT
ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized on behalf of the City of
Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between
the City of Aventura and the City of North Miami for law enforcement activities in
substantially the form as attached hereto.
Section 2. The City Manager is hereby authorized to do all things necessary and
expedient in order to effectuate the execution of the attached Agreement described in
Section 1 above, and to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner
who moved its adoption. The motion was seconded by Commissioner
, and upon
being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
Resolution No. 2002-_
Page 2
PASSED AND ADOPTED this 4th day of June, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
/tms
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM:
TO:
BY:
DATE: May 15, 2002
SUBJECT: Request of Cabie Aventura Condo LLC for Final Plat Approval
Aventura Sixteenth Addition (02-SUB-02)
19400 Turnberry Way, Aventura
June 4, 2002 City Commission Meeting Agenda Item feD
RECOMMENDATION
It is recommended that the City Commission approve the Aventura Sixteenth
Addition Final Plat.
THE REQUEST
The applicant, Cabie Aventura Condo LLC, is requesting Final Plat approval of
the subject property with the intent of constructing a residential condominium
building with 115 units on a site at the southwest corner of Yacht Club Drive and
Turnberry Way. (See Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER OF PROPERTY
Cabie Aventura Condo LLC
LOCATION OF PROPERTY
19400 Turnberry Way
SW corner of Yacht Club Drive and
Turnberry Way (see Exhibit #2 for
Location Map and Exhibit #3 for Aerial
Photograph)
SIZE OF PROPERTY
Approximately 2.72 acres
LEGAL DESCRIPTION
Tract FF, Fifth Addition Biscayne Yacht &
Country Club, Plat Book 99, Page 20 and a
portion of Tract 4, North Biscayne Acres, Plat
Book 40, Page 99 (complete legal description
attached as Exhibit #4)
DESCRIPTION
The applicant proposes to construct a seventeen story, 208' high condominium
building with 115 units. The front elevation will face Yacht Club Drive with two
driveway accesses on Turnberry Way. Parking is located in an attached three
story parking garage and on a surface lot under the William Lehman Causeway.
The site plan is currently under review.
The applicant is platting this property at its own instance. Since no new lots are
being created, but rather two separate lots unified into one tract, the City Code
does not require the platting process to develop the site.
ANALYSIS
Site Plan. A site plan for a 17-story, 208 foot high condominium building with
115 units is currently under review by City staff.
Tentative Plat. The tentative plat was approved by the City on February 8,
2002. The tentative plat was subsequently approved, with standard conditions,
by Miami-Dade County on March 2, 2002.
Zoning. The site is zoned RMF4, Multi Family High Density Residential,
according to the City of Aventura Zoning Map.
Future Land Use Designation. The adopted City of Aventura Comprehensive
Plan designates the site as Medium High Density Residential.
Access. The site is bounded by two open roads, those being Yacht Club
Drive and Turnberry Way. The site plan under review proposes two driveway
accesses from Turnberry Way.
2
02. 0Ufj. ()L
U
CABI DEVElOPERS
A G1CSA SLllSIOlAJ1'I
LETTER OF INTENT
RECEIVED
February 26, 2002
OOMMUNI1Y DEVELOPMEK\'
Mayor and City Commission
CITY OF AVENTURA
19200 West Country Club Drive
Aventura, Florida 33180
Re: V Site/Tract F'F' and Tract 4
Ladies and Gentlemen:
In connection with the above property, the Tentative Plat was previously
submitted to the City. This was reviewed and approved as a Tentative Plat.
In order to thoroughly explain the situation, I am attaching a copy of the
Letter of Intent submitted with the Tentative Plat. Accordingly, I am
requesting that you approve the final plat and allow us to proceed with
recording this plat, which is consistent with the site development criteria
for this property.
Sincerely yours,
Elias Cababie
EXHIBIT #1
02-SUB-02
2080 1 Blscayne Boulevcrd. SuIte 300
A~1UrO. FL 33180
Phone (3051 466 1810
Fax (305)466 1877
U
CABI DEVELOPERS
A GlCSA SUBSlIllAR\'
January 16, 2002
Mayor and City Council
City of Aventura
19200 W. Country Club Drive
Aventura, Florida 33180
Re: Turnberry V SitelTract F and Tract 4
Ladies and Gentlemen:
This letter is submitted in conjunction with an application for a plat on the above referenced
property. This property consists of two parcels of land. One parcel is platted as tract FF of 5th
Addition to Biscayne Yacht and Country Club PB 99-20. The second piece is a portion of tract
four of the plat known as North Biscayne Acres PB 40-99. It is our intent to consolidate these
parcels into one platted tract. The platting of this parcel will allow for the development of this as
one unified site. It will include both residential development and parking. Access to the site will
be provided in accordance with the existing road-way alignment which includes Yacht Club Drive
and Turnberry Way. These are both private roads which currently serve the adjacent
development within the Turnberry area.
We believe this plat to be procedural. In fact, the existing properties were both previously platted.
The only purpose in the re-plat is to include the balance of the old tract four parcel into the new
Tract FF parcel. Again, the intent is to allow for one unified development.
It is our understanding that this re-platting is voluntary and is really not required. Further, the re-
plat will not affect development approvals or issuance of a building permit. It is out intent to
proceed forward with the development of the property consistent with the zoning development
regulations established for this property.
Your favorable review of this matter at your earliest convenience is most appreciated.
20801 8Iseoyne~, SUM 306
AYardua. FL 33180
PhonoI306I466 1810
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EXHIBIT #3
02-SUB-02
.:3
'LEGAL DESCRIPTION
PARCEL V:
All ofTract "FF'" of "FIFTH ADDITION I3ISCA YNE Y ACI.IT AND
COUNTRY CLUB", according to the Plat thereof, as recorded in Plat Book
99 at Page 20, of the Public Records of Miami Dade C(lllllty, Florida,
together with a portion of Tract 4, of "North Discayne Acres", according to
the Plat thereof, as recorded in Plat nook 40, at Page 99, orthe Public
Records of Miami Dade County, Plorida, said portion of Tract 4, more
particularly described as follows:
BEGINNING at the S.E, corner of said Tract "Pfo", said point being on a
circular curve concave to the Southwest and benring North 21024 '36" East
from the center of said curve; thencc Northwesterly, along the arc of said
curve to the left, ancl along the South line of said Tract "foF"; having a radius
of 2779.27 feet and a central angle of 6048 '22" for an arc distance of 330.14
feet; thence South ] 4018' 55" West of 92.50 feet to a point on a curve
concave to the Southwest and hearing North 14036'50" East from tile center
of said curve, thence Southeasterly, along the arc of said curve to the right,
having a radius of2686.77 feet and a central angle of 1046'23" for a
distance of 83.14 feet; thence North 16030'53" East for 67.50 feet to a point
on a curve concave to the Southwest and bearing North 16023 '24;' East from
the center of said curve; thence Southeasterly, along the arc of said curve to
the right, having a radius of2754.27 feet and a central angle of 0014'59" for
a distance of 12.00 feet; thence South 16030'53" West for 67.50 feet to a
point on a curve concave to the Southwest and hearing North 16038'34" East
from the center of said curve, thence Southeasterly, along the arc of said
curve to the right, having a radius of2686.77 feet and a central angle of
1056'37" for a distance of91.14 feel; thence North 18042'51" East 'for 67.50
feet to a point on a curve concave to the Southwest and bearing North
18035'22" East from the center of said curve; thence Southeasterly, along
the arc of said curve to the right, having a radius of2754.27 feet, and a
.central angle of 00 14 '59" for a distance of 12.00 feet; thence South
I R042' 51" West for 67.50 feet to a point on a curve concave to the
Continued:
EXHIBIT #4
02-SI JR-n?
...
.
Continued:
Legal Description
(
Southwest and bearing North 18050'32" East from the ~enter of said curve;
thence Southeasterly, along the arc of said curve to the right, having a radius
of2686.77 feet and a central angle of 1054'41" for a distance of 89.64 feet;
thence North 20054'49" East for 67.50 feet to a point on a curve concave to
the Southwest and bearing North 20045'27" East from the center of said
curve; thence Southeasterly, along the arc of said curve to the right, having a
radius of2754.27 feet and a central angle of 0018'43" for a distance of 15.00
feet; thence South 20054'49" West for 67.50 feet to a point on a curve
concave to the Southwest and bearing North 21004'25" East from the center
of said curve; thence Southeasterly, along the arc of said curve to the right,
having a radius of2686.77 feet and a central angle of 0018'45" for a
distance of 14.65 feet to the SoW. corner of Tract "E" of "Mystic Pointe At
A ventura foirst Addition" according to the Plat thereof, as recorded \n Plat
Book 133 Page 91, of the Public Records of Miami Dade County, Florida;
thence North 22005'58" East, along the West line of said Tract "E", for
92.5lofeet to the Point ofBeginning, Lying and being in Miami-Dade
County, foloridao
RESOLUTION NO. 2002-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING THE
"AVENTURA SIXTEENTH ADDITION" PLAT, BEING A
REPLAT OF TRACT FF OF FIFTH ADDITION BISCAYNE
YACHT AND COUNTRY CLUB, PLAT BOOK 99, PAGE 20
AND A PORTION OF TRACT 4 OF NORTH BISCAYNE
ACRES, PLAT BOOK 40, PAGE 99, CITY OF AVENTURA,
MIAMI-DADE COUNTY, FLORIDA; AUTHORIZING THE
CITY MANAGER AND CITY CLERK TO SIGN THE FACE
OF THE PLAT; REQUIRING RECORDATION; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS the applicant, Cabi Aventura Condo LLC, by and through
Application No, 02-SUB-02, has requested Final Plat approval for "Aventura Sixteenth
Addition" , being a replat of all of Tract FF of Fifth Addition Biscayne Yacht and County
Club, Plat Book 99, Page 20 and a portion of Tract 4 of North Biscayne Acres, Plat
Book 40, Page 99, City of Aventura, Miami-Dade County, Florida, the Final Plat being
incorporated herein by reference and made a part of this Resolution as Exhibit #1; and
WHEREAS the City Commission heard, reviewed and duly considered the
reports, findings and recommendations of the City Administration, and finds that the
Final Plat approval is in the best interests of the citizens of the City of Aventurao
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The Final Plat approval for "Aventura Sixteenth Addition", more
particularly described as:
Resolution No. 2002_
Page 2
all of Tract FF of Fifth Addition Biscayne Yacht and County Club, Plat Book 99,
Page 20 and a portion of Tract 4 of North Biscayne Acres, Plat Book 40, Page
99, City of Aventura, Miami-Dade County, Florida more particularly described in
Exhibit #2 to this resolution
is hereby granted to the Applicant.
Section 2. The City Manager and City Clerk are hereby authorized to sign the
face of the Plat.
Section 3. This Resolution shall be recorded in the Public Records of Miami-
Dade County, Florida, with the petitioner to pay the costs thereofo
Section 4. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
, who
moved its adoptiono
The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey Mo Perlow
Resolution Noo 2002_
Page 3
PASSED AND ADOPTED this 4th day of June, 2002,
JEFFREY M, PERLOW, MAYOR
ATTEST:
TERESA M, SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this
20020
day of June,
TERESA Mo SOROKA, CMC
CITY CLERK
.,
,
o LEGAL DESCRIPTION
PARCEL V:
All ofTract "FF" of "FIFTH ADDITION BISCA YNE YACHT AND
COUNTRY CLUB", according to the Plat thereof, as recorded in Plat Book
99 at Page 20, of the Public Records of Miami Dade County, Florida,
together with a portion of Tract 4, of "North 13iscayne Acres", according to
the Plat thereof, as recorded in Plat nook 40, at Page 99, of the Public
Records of Miami Dade County, Florida, said portion of Tract 4, more
particularly described as follows:
BEGINNING at the S.E. corner of said Tract "Ffo", said point being on a
circular curve concave to the Southwest and bearing North 21024 '36" East
from the center of said curve; thence Northwesterly, along the arc of said
curve to the left, and along the South line of said Tract "FF"; having a radius
of2779.27 feet and a central angle of6048'22" for an arc distance of330.14
feet; thence South 14018'55" West of92.50 feet to a point on a curve
concave to the Southwest and hearing North 14036'50" East from tIle center
of said curve, thence SOlltheasterly, along the arc of said cllrve to the right,
having a radius of2686.77 feet and a central angle of 1046'23" for a
distance of83.14 feet; thence North 16030'53" East for 67.50 feet to a point
on a curve concave to the Southwest and bearing North 16023'24;' East from
the center of said curve; thence Southeasterly, along the arc of said curve to
the right, having a radius of2754.27 feet and a central angle of 0014'59" for
a distance of 12.00 feet; thence South 16030'53" West for 67.50 feet 10 a
point on a curve concave to the Southwest and bearing North 16038'34" East
from the center of said curve, thence Southeasterly, along the arc of said
curve to the right, having a radius of2686.77 feet and a central angle of
1056'37" for a distance of91.14 feet; thence North 18042'51" Easlofor 67.50
feet to a point on a curve concave to the Southwest and bearing North
18035'22" East from the center of said curve; thence Southeasterly, along
the arc of said curve to the right, having a radius of2754.27 feet, and a
central angle of 00 14' 59" for a distance of 12.00 feet; thence South
18042'51" West for 67.50 feet to a point on a curve concave to the
Page 1 of Exhibit #2 to Resolution No. 2002-_
Continued:
3
...
.
(
Continued:
Legal Description
Southwest and bearing North 18050'32" East from the ~enter of said curve;
thence Southeasterly, along the arc of said curve to the right, having a radius
of2686.77 feet and a central angle of 1054'41" for a distance of 89.64 feet;
thence North 20054 '49" East for 67.50 feet to a point on a curve concave to
the Southwest and hearing North 20045 '27" East from the center of said
curve; thence Southeasterly, along the arc of said curve to the right, having a
radius of2754.27 feet and a central angle of 0018'43" for a distance of 15.00
feet; thence South 20054'49" West for 67.50 feet to a point on a curve
concave to the Southwest and bearing North 21004'25" East from the Center
of said curve; thence Southeasterly, along the arc of said curve to the right,
having a radius of 2686.77 feet and a central angle of 0018'45" for a
distance of 14.65 feet to the S.W. corner of Tract "E" of "Mystic Pointe At
Aventura First Addition" according to the Plat thereof, as recorded \n Plat
Book 133 Page 91, of the Public Records of Miami Dade County, Florida;
thence North 22005'58" East, along the West line of said Tract "E", for
92.51'feet to the Point ofBeginning, Lying and being in Miami-Dade'
Counly, Florida.
Page 2 of Exhibit #2 to Resolution No. 2002"_
3
.....,
"
D.,.....
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~~..,-
APPLICANT REPRESENTATIVE AFFIDAVIT
Pursuant to Section 31-71 (b)(2)(i) of the Cily of Aventura Land Development Code, this Applicant Representative Affidavit is
hereby made and submitted, The undersigned authorized representative of the individual or entity applying for the Development Permtto
which is identified in the accompanying applicationo and the owner of the property subject to the application (n different) hereby lists and
identifies all persons representing the individual or entity applying for the Development Permit in connection with the applicationo as follows:
Name
Relationship (i.e. Attorneys, An:Mects,l.andscape
Archttects, Engineers, Lobbyists, Etc.)
George Berlin
Agent
Phil Ward
Planning Consultant
tAttach Addttional Sheets If Necessary)
NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT
REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE
DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTYo APPLICANTS AND AFFIANTS ARE
ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SECo 31-71(B)(2)(IV) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE
APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT
BECOMES INCORRECT OR INCOMPLETEo
WITNESS MY HAND THIS ~DAY OF Ut. t1-t<ct-t
,2~
AUTHORIZED REPRESENTATIVE OF APPLICANT:
OWNER
By: By:
(Signature) gnature)
Name: Name: Elias Cababie
(Print) If,rint~'d
Hie: Tille: re 1 ent
Address: Address: 20801 Biscayne Blvd_ Suite 306
Aventura, Florida 33180
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE) _
Before me the undersigned authority personally appeared tit.4--.5 ~ (f... as the authorized representative of the
Applicant and! the owner of the prope subject to the applicationo who being first by me duly swomo did swear or affirm that he/ehlr'
executed this Alfidavrt or purpo es s tea therein and that rt is true and correct.
p.~V Pv OFFIcw.NOTARVSEAl.
O~~8'-(, OEIlORAH LAZAR
... COM~USS~ NUMBER
-... '(' CC995033
7'~ ~ MY COMMI6SKJN EXPIRES
Of f\.O JAN. 21 200S
.
SWORN TO AND SUBSCRIBED BEFORE ME thiS~f #'/tf1<t:.tf-
-
lorida At Large
'-
(I
'\,.",...~
BUSINESS RELATIONSHIP AFFIDAVIT"
This Affldavtt is made pursuant to Section 31-71 (b)(2)(in of 1I1e City of Aventura Land Development Codeo The undersigned A1l'iant hereby
discloses that: (mark with 'x' applicable portions only)
~1,
Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory
Board to which the application will be presented,
[ ]2,
Affiant hereby discloses 1I1at tt does have a Business Relationship with a member of the City Commission or a
City Advisory Board to which the application will be presented, as follows:
(Ust name of Commissioner or Advisory Board Member) who serves on the
(Ust City Commission or City Advisory Board upon which member
serves).
The nature of the Business Relationship is as follows:
[ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or
capital stock of Applicant or Representative;
[] "0 Member of City Commission or Board is a partnero co-shareholder (as to shares of a corporation
which are not listed on any national or regional stock exchange) or joint venturer with 1I1e Applicant or
Representative in any business venture;
[ ] Hi. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client
of another professional working from the same office or for the same employer as the member of the
City Commission or Board;
[ 1 iv, A City Commissioner or Board member is a Client of the Applicant or Representative;
[] v, The Applicant or Representative is a Customer of the member of the City Commission or Board (or of
his or her employer) and transacts more than $10,000,00 of the business of the member of the City
Commission or Board (or his or her employer) in a given calendar year;
[ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and
transacts more than $250000,00 of the business of the Applicant or Representative in a given
catendar yearo
WITNESS MY HAND THIS S'1l[;AY OF V1A ,~-H- ,2()(l,;L.
APPLICANT:
By:
Name:
Tille:
(Signature)
(Print)
(Print)
Eli Cababie
President
WITNESS MY HAND THIS _ DAY OF
PROPERTY OWNER:
,20010
(Signature)
(Print)
(Print)
By:
Name:
Tille:
'The ferms "Business Relationship: "Client: "Customer: "Applicant: "Representative" and "Interested Person" are defined in
Soolion 2-395 of the Aventura Cny Code,
WITNESS MY HAND THIS _ DAY OF ,2001.
REPRESENTATIVE: (Listed on Business Relationship Affidavit)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
TItle: (Print) TItle: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
TItle: (Print) Trtle: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Trtle: (Print) Trtle: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
TItle: (Print) litle: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Trtle: (Print) Trtle: (Print)
By: (Signature) By: (Si~nature
Name: (Print) Name: (Print)
Trtle: (Print) Trtle: (Print)
NOTE: 1) Use duplicate sheets If disclosure Information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Seco 31-71(b)(2)(lv) of the
City's Land Development RegUlations In the City Code, In the event that prior to consideration of the application
by the City Board or Commission, the Information provided In the Affidavit becomes Incorrect or Incompleteo
NOTARIZATION PROVISION
STATE OF A.ORIDA )
COUNTY OF MIAMI-DADE) .
Befool meo \he lJOde~ned eu1ho<ity, personally appeared 6.'1'1- <: ad ~i<:\he AIf"'n~ who beilg Iirnt by me du~ swam, did swear ex aff1llll !hat
"",,"",executed 1Il~ Affidavit lex lIle purposes stated \herein BOd !hat k ~ lnJe and OOCTed. -
SWORN TO AND SUBSCRIBED be
~~~Y PV8 ClAl.NOTIoAYSEAI.
o~<:c, DEBORAH LIZIoA
.. COMMlSSJC:N NlNBEA
~ ~ CC995033
~ 0 04:' MY COMMISS.<lN EXPlRES
F Fe JAN. 21 2005
STATE OF A.ORIDA )
.COUNTY OF MIAMI-DADE)
Befool me, \he unde~ned authorityo personally appeared
helsha executed this Affidavit lex \he purposes stated \herein BOd !hat k ~ lnJe and cocrect.
SWORN TO AND SUBSCRIBED before me th~ _ day of
STATE OF A.ORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared
helsha eXeGlJted th~ Affidavit for \he purposes Slated \herein and that tt ~ true and correct.
SWORN TO AND SUBSCRIBED before me th~ _ day ot
STATE OF A.ORIDA )
COUNTY OF MIAMI-DADE)
Befool me, \he uode~ned au1ho<ity, personally appeared
helsha executed th~ Affidavit lex the purposes Slated therein and that k ~ lnJe and OOCTed.
SWORN TO AND SUBSCRIBED belora me th~ _ day of
AFFIANT
N
, AtLarge
\he Afflllll~ who beilg Iirnt by me duly swamo did .....r or aff1llll !hat
AFFIANT
.2001.
Notary Public State of Florida f>J.l..arge
Printed Name of Notary
My commission expires:
the Affiant, who being first by me duly sworn, dkl swear Of affirm that
AFFIANT
2001.
Nolary Public State of FIcxida f>J. Large
Printed Name of Notary
My commission axplres:
\he Aff"'n~ who being Iirnt by me duly swomo did .....r or alfinn that
AFFIANT
,2001.
Nolary Public State of Florida f>J.l..arge
Printed Name of Nolary
My commission expires:
ad ~
Ii
~~.~
BUSINESS RELATIONSHIP AFFIDAVIT*
V (-k-
11r1oJ PLod-
This Affidavtt is made pursuant to Section 31-7t(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby
discloses that: (mark with 'x' applicable portions only)
l4.t.
[ 12.
Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory
Board to which the application will be presented.
Affiant hereby discloses that tt does have a Business Relationship with a member of the City Commission or a
City Advisory Board to which the application will be presented, as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member
serves).
The nature of the Business Relationship is as follows:
[ I i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or
capital stock of Applicant or Representative;
[ I ii. Member of City Commission or Board is a partnero co-shareholder (as to shares of a corporation
which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or
Representative in any business venture;
[ I iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client
of another professional working from the same office or for the same employer as the member of the
City Commission or Board;
[ 1 iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[ ] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of
his or her employer) and transacts more than $10,000.00 of the business of the member of the City
Commission or Board (or his or her employer) in a given caiendar year;
[ J vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and
transacts more than $250000,00 of the business of the Applicant or Representative in a given
calendar year.
WiTNESS MY HAND THIS ~AY OF A-y f1 ( ~ ,200,,"
4-v~r-
WITNESS MY HAND THIS
PROPERTY OWNER:
By:
Name:
Title:
(Signature)
(Print)
(Print)
DAY OF
020010
(Signature)
(Print)
(Print)
'The teons 'Business Relationship,' 'Client,' 'Customer,' ';lpplicant,' 'Representative' and 'Interested Person' are defined in
Section 2-395 of the Aventura City Code.
WllNESS MY HAND THIS _ DAY OF 02001.
REPRESENT A TlVE: (Listed on Business Relationship Affidavit)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Title: (Print) Trtle: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
,
Title: (Print) Trtle: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Title: (Print) Trtle: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Title: (Print) Title: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Title: (Print) Title: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Trtle: (Print) Title: (Print)
NOTE: 1) Use duplicate sheets If disclosure Information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Seco 31-71(b)t2)tlv) of the
City's Land Development Regulations In the City Code, In the event that prior to consideration of the application
by the City Iloard or Commission, the Information provided In the Affidavit becomes incorrect or Incompleteo
NOTARIZATION PROVISION
STATE OF flORIDA )
COUtfTY OF MIAMI.DADE)
Before me, !he unde..;gned au1ho<it;, per>onally appeared ~~7' ~~""e Afflllll
helsloo axaarted Itl~ Affidavit for !he purposes slated !herein and !het ~ ~ trua and correct.
STATE OF FLORIDA )
COUtfTY OF MIAMI.DADE)
Before meo !he unda..;gned au1ho<it;, per>onally appeared
helsI1e exaarted Itl~ Affidavit for !he purposes slated !herein and!hel ~ ~ true aoo correct.
SWORN TO AND SUBSCRIBED before me Itl~ _ day of
STATE OF flORIDA )
COUtfTY OF MIAMI-DADE)
Belore me, Itle uooersigned authority, personally appeared
helsI1e axeaJted Itl~ Affidav~ for Itla purposes slalad Itlarein and Itlal ~ ~ !rua aoo ",nect
SWORN TO AND SUBSCRIBED befora me Itl~ _ day of
STATE OF flORIDA )
COUtfTY OF MIAMI-DADE)
Before me, !he unda..;gned au1ho<it;, personally appeared
helshe exeQJted this Aflklavit for the purposes stated therein and that It is true and cooed..
SWORN TO AND SUBSCRIBED belora me Itl~ _ day of
~~~V 4;:~~""-OFR:ii.LiCrARYSEAL
,,(.... DEBOFlAH l.AZAA
~ COMMISSICN NUMBER
71<- 5 CC995o:l3
o oq:. MVCOMMISSIONEXPtAES
F F\.. . ' ,
. _ ._,~'~,:_".:~",_gaoo
Itle Afflllll~ who being fil1ll by me duly """"', did swear or affirm Itlat
AFFIANT
2001.
NOlary Public Slate of Florida At Large
Printed Name of Nolary
My commission expires:
Itla AffJan~ who being filsl by me duly swom, did swear or affirm Itlat
AFFIANT
02001.
NOlary Public Slate of Florida At Large
Printed Nama of NoIaIy
My commisston expires:
!he AffJan~ who being first by me duly swom, did swear or affirm Itlal
AFFIANT
.2001.
Nolary Public Slate of Florida M Large
Printed Name of Nolary
My commission expires:
CITY OF AVENTURA
WAIVER OF RIGHT TO QUASI-JUDICIAL HEARING
Plat Application Number DZ-<;oe-o'2.
Date (5- s: - 02---
I, Elias Cababie , as authorized agent
for or owner of the property which is the subject of the above plat
application, hereby waive my right to a quasi-judicial hearing before the
Aventura City Commission when the application is heard by the City
Commissiono I understand and agree that by waiving this right, the City
Commission may place the plat application on its consent agenda and
thereby consider the application without a public hearingo I also understand
and agree that upon request by a member of the Commission, the City
Manager, any member of the public in attendance at the Commission
meeting where it will be heard, the application may be removed from the
consent agenda and be heard as a separate item and subject to a public
hearingo In that case, I understand that I will have the right to be heard
when the application item is discussed, with the hearing subject to the
quasi-judicial procedures established in Chapter 34, Article II, "Quasi-
Judicial Matters" of the City Code,
Nam of Authorized Agent or Owner
11
'....,,~
APPLICANT REPRESENTATIVE AFFIDAVIT
Pursuant to Section 31-71 (b)(2)(i) of lhe City of Aventura Land Development Codeolhis Applicant Representative Affidavit is
hereby made and submittedo The undersigned authorized representative of lhe individual or entity applying lor Ihe Development Pennil,
which is identified in Ihe accompanying applicationo and the owner 01 the property subject to the application (ff different) hereby lists and
Identifies all persons representing Ihe individual or entity applying lor the Development Penni! in connection with Ihe application, as lollows:
Name
Relalionship fe. Attorneys, An:hitecls, Landscape
A1r:h<<ects, Engineers. Lobbyists, E/c.}
George Berlin
Agent
Phil Ward
Planning Consultant
(Attach Additional Sheets II Necessary)
NOl1CE: ANY STATEMENT OR REPRESENTA110N MADE BY ANY PERSON LISTED ON THE APPLICANT
REPRESENTAl1VE AFADAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE
DEVaOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE
ADVISED TO l1MELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31-71(B)t2)tIV) OF THE CITY'S LAND
DEVELOPMENT REGULA110NS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERA110N OF THE
APPLlCA110N BY THE CITY BOARD OR COMMISSION, THE INFORMA110N PROVIDED IN THE AFFIDAVIT
BECOMES INCORRECT OR INCOMPLETEo
WITNESS MY HAND THIS ~AY OF U1. 11-ttct't
,2~
AUTHORIZED REPRESENTATIVE OF APPLICANT:
OWNER
By: By:
(Signature) gnature)
Name: Name: Elias Cababie
(Print) Ifrint~ . d
Tille: Title: re 1 ent
Address: Address: 20801 Biscayne Blvd_ Suite 306
Aventura, Florida 33180
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE) -
Before me Ihe undersigned authority personally appeared &fIf...s ~ as the authorized representative of Ihe
Applicant and! e owner of Ihe prope subject to Ihe application, who being first by me duly swomo did swear or affirm Ihat heletnr'
executed Ihis Affidavit or u es s tea Iherein and lhet it is true and correct.
/fW AFFIANT
SWORN TO AND SUBSCRIBED BEFORE ME lhis-2 day of J#tf1W+I-
~...~Y flu8 OFAcw..NOTARYSEAL
O~'-0 DE8OIW<I.AZAR
.. COMMISSION NUMBER
~ " CC995033
'71- ; MY COMMIfl8ION ElCPIAEI
Of f~O JAN. 21 2005
.
~
N ry Public State of Iorida At Large
Printed Name of No
My commission expir s:
='=
~
.
BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavit is made pursuant to Section 31-71(b)(2)(iij of the City of Aventura Land Development Codeo The undel$igned Affl8f1t hereby
discloses that: (mark with 'x' applicable portions only)
h(] 1.
Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory
Board to which the appfication will be presented,
( 12.
Alfiant hereby discloses that If does have a Business Relationship with a member of the City Commission or a
City Advisory Board to which the application will be presented. as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member
serves).
The nature of the Business Relationship is as follows:
( ] i. Member of City Commission or Board holds an ownel$hip interest in excess of 1 % of total assets or
capital stock of Applicant or Representative;
(]"o Member of City Commission or Board is a partner. co-shareholder (as to shares of a corporation
which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or
Representative in any business venture;
[ 1 iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client
of another professional working from the same office or for the same employer as the member of the
City Commission or Board;
[ I iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
1 ] v, The Applicant or Representative is a Customer of the member of the City Commission or Board (or of
his or her employer) and transacts more than $10,000.00 of the business of the member of the City
Commission or Board (or his or her employer) in a given calendar year;
( ] vi, The member of the City Commission or Board is a Customer of the Applicant or Representative and
transacts more than $250000,00 of the business of the Applicant or Representative in a given
calendar yearo
WITNESS MY HAND THIS S-1l[;AY OF ftt ./}-L.-H- .2OOR-
APPUCANT:
By:
Name:
Title:
(Signature)
(Print)
(Print)
WITNESS MY HAND THIS _ DAY OF
PROPERlY OWNER:
020010
By:
Name:
Title:
(Signature)
(Print)
(Print)
.
'The terms "Business Relationship," "Client," "Customer," "Applicant," "Representative" and "Interested Person" are defined in
Section 2-395 of the Aventura Cay Codeo
WITNESS MY HAND THIS _ DAY OF 02001.
REPRESENTATIVE: (listed on Business Relationship Affidavit)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Tille: (Print) rrtle: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Tille: (Print) Trtle: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Tille: (Print) Trtle: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Trtle: (Print) Trtle: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Tille: (Print) Trtle: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Tille: (Print) Trtle: (Print)
NOTE: 1) Use duplicate sheets If disclosure Informatton for Representative varies
2) Applicants and Afflllnts are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(lv) of the
City's land Development Regulations In the City Code, In the event that prior to consideration of the application
by the City Board or Commission, the Information provided In the Affidavit becomes Incorrect or Incomplete.
.
--._~
NOTARIZATION PROVISION
ST"'TE Of R.ORIll1o )
COUNTY Of MlM4Hl11DE) .
Be""" ...0 Ihe undersigned authority, pel>Of1&lly appeared &./14c <;, ad ~~ M"",~ who beilg 1m by ... duty swam, did swear or affum lhat
_exec:utad this MdaYil for Ihe pu'l'OSOS stated lhemin end lhat k is true and comld.
SWORN TO -'NO SUBSCRIBEO be
,,~~y Vb ClAl.NOT_SEAI.
O~~ DEIORAHLAZAR
.. COMMlSSlON NUMBER
;;.I, 01( C~
'7? ~ MY COMMISSION EXPIRES
Off'O JAN.21~5
STATE Of FlORI[).o\ )
,COUNTY Of M11.MI-D1.llE)
Be""" ...0 Ihe undersigned authorityo personally appeared
heIshe exec:utad this 1.IIidavlt for Ihe PUlpOSOS stated I1elllln end lhat k is true and comld.
SWORN TO -'NO SUBSCRIBED before ...lIlis _ day of
ST"'TE Of flORIDA I
COUNTY Of M11.MI.D1.llE)
Befom ..., Ihe undersigned aulhority, personally appeared
halsho exec:utad 1I1is Midavit lor Ihe pu'l'OSOS stated 1herein end lhat II is lrue and correct
SWORN TO -'NO SUBSCRIBED belore ... this _ day 01
ST"'TE Of FlORIDA )
COUNTY Of M11.MI-D1.llE)
Be""" ..., 1he undersigned authority, personally appeared
heIshe exec:utad 1I1is Mdavit for 1he PUlpOSOS stated lhemln end lhat II is lrue and comld.
SWORN TO -'NO SUBSCRIBED belore ...1111$ _ day 01
AFFI-'NT
N
, ,6J Large
1he MIOI1t, who beilg 1m by ... duly swam, did swaar or affum lhat
AFFIANT
2001.
Notary Pub[1C State of FlorIda,6J Large
Printed Na... 01 Notary
My commission expires:
lIle AfflOn~ who beilg filSt by me du~ swomo did swear or affum 1I1at
AFFI-'NT
02001.
Notary Public Sta18 of FlorIda,6J Large
Printed Name of Notary
My CO<M1IssIon expires:
1he MIOnt. who beilg 1m by me duly swam, did swear or affum lhat
AFFIANT
02001.
Notary Public SI818 of FIorida,6J Large
Printed Name 01 Notary
My commission expires:
rr==
,
.
.
BUSINESS RELATIONSHIP AFFIDAVIT.
V. ,-k
11 r10J PLCL{
This Affidavtt is made pursuant to Section 3H1tb)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby
discloses that: (mark with 'x' applicable portions only)
[ )2.
Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory
Board to which the application will be presentedo
Affiant hereby discloses that tt does have a Business Relationship with a member of the City Commission or a
City Advisory Board to which the application will be presented, as follows:
(Ust name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member
~1.
serves)o
The nature of the Business Relationship is as follows:
( ] i. Member of City Commission or Board holds an ownership interest in excess of 1'k of total assets or
capital stock of Applicant or Representative;
( ] Ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation
which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or
Representative in any business venture;
[ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client
of another professional working from the same office or for the same employer as the member of the
City Commission or Board;
[ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[ ) v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of
his or her employer) and transacts more than $100000.00 of the business of the member of the City
Commission or Board (or his or her employer) in a given calendar year;
[ ] vi, The member of the City Commission or Board is a Customer of the Applicant or Representative and
transacts more than $250000.00 of the business of the Applicant or Representative in a given
calendar year.
WITNESS MY HAND THIS / '171'oAY OF It; Vl ( ~ , 2OOJ..
rT\~e '.
A-c,trr-
WITNESS MY HAND THIS _ DAY OF
PROPERlY OWNER:
(Signature)
(Print)
(Print)
02001.
By:
Name:
Tille:
(Signature)
(Print)
(Print)
'The tenns 'Business Relationship,' 'Client,' 'Customer,' ',Applicant,' 'Representative" and 'Interested Person" are defined in
Section 2.395 of the Aventura Cny Codeo
WllNESS MY HAND THIS _ DAY OF ,20010
REPRESENTATlVE: (Usted on Business Relationship AlfIdavi1)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Tille: (Print) Tille: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
.
Tille: (Print) Tille: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Tille: (Print) Tille: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Tille: (Print) Trtle: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Tille: (Print) Tille: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Tille: (Print) Tille: (Print)
NOTE: 1) Use duplicate sheets If disclosure Information for Representative varies
2) Applicants and Affaants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)t2Xlv) of the
City's Land Development RegUlations In the City Code, In the event that prior to consideration of the application
by the City Board or Commission, the Information provided In the Affidavit becomes Incorrect or Incomplete.
.
NOTARIZATION PROVISION
STATE OF A.ORIDA )
COUNTY OF MIAMI-DAOE)
Before me, the undersigned authority, pe......ny appeared ~~-:r ~Jme Afftan
heIsM executed !his Affidavit for the purposes stated therein end that k is true end cooed.
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before meo the undelSigned authorityo personolly appeared
helshe executed !his AIfidovII for the purposes stated therein end that k is true end cooed.
SWORN TO AND SUBSCRIBED before me Ihis _ day of
STATE OF FLORIDA )
COUNTY OF MIAMI'DADE)
Before meo !he undelSigned eu1hority, personally oppeared
helshe executed !his Affidavit for the purposes stated therein end Ihat II is flue and correct.
SWORN TO AND SUBSCRIBED before me !his _ day of
STATE OF FLORIDA )
COUNTY OF MIAMI-DAOE)
Before meo the uodalSigned eu1horilyo personolly oppeared
helshe axeo.Jtad !his Affidavit for the purposes stated therein end !hat II is true and oorrect.
SWORN TO AND SUBSCRIBED before me !his _ day ot
~...tn;~'<"'-'-~OFA~.;X~"f;m.MY - J
~(\<.... OE9OAAHlAZAA
~ COMMISSION NWBEA
7-} S CC995033
o 09;. MY COMMISSION EXPtREI
r F\.. '.' '"
_" '~<'_"'"'''''' ..._"1.r~-
the Aff"'n~ who being first by me duly SY<<lI1lo did swear or afflnn that
AFFIANT
2001.
Nolary Public Slate of Florida At Lorge
Printed Name of Nolary
Myaxnmission ellpires:
!he Aff"'n~ who being firnt by me duly swomo did swear or affirm !hat
AFFIANT
,2001.
Nolary Public Slate of Florida At Lorge
Printed Name of NolaIy
My COlM\issIon expires:
the Aff"'n~ who being firnt by me duly SY<<lI1lo did swear or affirm !hat
AFFIANT
,2001.
Nolary Public Slate of Florida Al large
Printed Name of Nolary
My commission expires:
CITY OF AVENTURA
WAIVER OF RIGHT TO QUASI-JUDICIAL HEARING
Plat Application Number ()Z.-So'6-o~
Date :5 - s: - 0 '2---
I, Elias Cababie , as authorized agent
for or owner of the property which is the subject of the above plat
application, hereby waive my right to a quasi-judicial hearing before the
Aventura City Commission when the application is heard by the City
Commissiono I understand and agree that by waiving this right, the City
Commission may place the plat application on its consent agenda and
thereby consider the application without a public hearingo I also understand
and agree that upon request by a member of the Commission, the City
Manager, any member of the public in attendance at the Commission
meeting where it will be heard, the application may be removed from the
consent agenda and be heard as a separate item and subject to a public
hearingo In that case, I understand that I will have the right to be heard
when the application item is discussed, with the hearing subject to the
quasi-judicial procedures established in Chapter 34, Article II, "Quasi-
Judicial Matters" of the City Codeo
Nam of Authorized Agent or Owner
.
~...~.
BUSINESS RELATIONSHIP AFFIDAVIT"
This Affidavtt is made pursuant to Section 31-71 (b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby
discloses that: (mark with 'x' applicable portions only)
tx)10
Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory
Board to which the application will be presented.
[ ]2.
Affiant hereby discloses that rt does have a Business Relationship with a member of the City Commission or a
City Advisory Board to which the application will be presented. as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member
serves)o
The nature of the Business Relationship is as foilows:
[ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or
capital stock of Applicant or Representative;
[ ] ii. Member of City Commission or Board is a partner. co-shareholder (as to shares of a corporation
which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or
Representative in any business venture;
[ ) Iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client
of another professional working from the same office or for the same employer as the member of the
City Commission or Board;
[ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[ ] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of
his or her employer) and transacts more than $100000.00 of the business of the member of the City
Commission or Board (or his or her employer) in a given calendar year;
[ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and
transacts more than $250000.00 of the business of the Applicant or Representative in a given
calendar year,
WITNESS MY HAND THIS:2i- DAY OF
:~Jil~"Z
Name. . _ f1.
nle:
I!IfJ7
. 200y.
(Signature)
(Print)
(Print)
WITNESS MY HAND THIS 4 DAY OF fh {f'l
I
PROPERTY OWNER:
o~
(Signature)
(Print)
(Print)
By:
Name:
Trtle:
'The terms 'Business Relationship," 'Client," 'Customer," 'Applicant," 'Representative' and "Interested Person' are defined in
Section 2.395 of the Aventura City Code.
WITNESS MY HAND THIS _ DAY OF ,2001,
REPRESENTATIVE: (Listed on Business Relationship Affidavi1)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Title: (Print) Hie: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Trtle: (Print) Trtle: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Title: (Print) Title: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Title: (Print) Title: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Title: (Print) Trtle: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Title: (Print) Trtle: (Print)
NOTE: 1) Use duplicate sheets If disclosure Information for Representative varies
2) Applicants and Afflanls are advised to timely supplement this Affidavit pursuant to Seco 31-71(b)(2Xlv) of the
City'. Land Development Regulations In the City Code, In the event that prior to consideration of the application
by the City Board or Commission, the Information provided In the Affidavit becomes Incorrect or Incomplete.
NOTARIZAnON PROVISION
STATE OF FLORIDA )
COUNTY Of MIAM~DADE) ~
Before me, 1he undersigned au1horilyo personally appea ,lif.J. WA1!./J
helshe eX8CUt8d lI1is Affidavit for 1he purposes Slaled """"in and lhat I is true end correct
SWORN TO AND SUBSCRIBED before me lI1is...312 da of
?V p OFAClALNOT Y SEAL
0.....1'-- u$t... t.4ARCIAJ AAAENOALE
~ ]:~,cr <;. COMMISS100 NUMBER
l.1 ~if>i; <( OD113370
7~~ ~ ~ !lAY COMMISSION EXPIRES
OF F\.O MAY 15,2006
STATE Of FLORIDA )
COUNTY OF MIAMI.DADE)
Before meo 1he undersigned au1horilyo personally appeared
heIshe eX8CUt8d lI1is Affidavit for 1he purposes Slaled _ and lhat I is lrue and correct
SWORN TO AND SUBSCRIBED before me lI1is _ day of
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, lI1e undersigned authority, personally appeared
helshe eX8aJled lI1is Affidavit for lI1e purposes Slaled 1herein and lhat I is lrue and cooect.
SWORN TO AND SUBSCRIBED before me II1Is _ day of
STATE Of FLORIDA )
COUNTY OF MIAMI-DADE)
Before meo lI1e undersigned au1horityo personally appeared
helshe eX8CUt8d II1Is Affidavl for 1he purposes Slaled 1herein and lhat I is lrue and correct
SWORN TO AND SUBSCRIBED belore me lI1is _ day of
ing first by me duly sworn, did swear or affinn lhat
1he Affiant who being first by me duly sworn, did ......r or affirm lI1.t
AFFIANT
,2001.
Notary Public State of Florida At Large
Ponled Name of Notary
My oommission expires:
111. Affl8l1t who being first by me duly sworn, did ......r or affinn lI1.t
AFFIANT
,2001.
Notary Public State of Florida M Large
Ponled Name of Notary
My oommission e"Plres:
1he Affl8nt who being first by me duly sworn, did ......r or affinn lhat
AFFIANT
,2001.
Notary Public State of Florida M Large
Ponled Name of Notary
My commission expires:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
Eric M, Soroka, Cit~
TO:
City Commission
DATE:
May 29, 2002
SUBJECT: Law Enforcement M al Ai Agreement Between the City and Bal
Harbour Village
June 4, 2002 City Commission Meeting Agenda Item bE:
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
execution of the Law Enforcement Mutual Aid Agreement with Bal Harbour Villageo
BACKGROUND
In order to improve cooperative relationships between law enforcement agencies and
provide a mechanism to share police resources in the event of emergencies or certain
demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows
agencies to enter into Police Services Mutual Aid Agreementso The various
departments use a basic Mutual Aid Agreement.
The following list comprises the circumstances and conditions under which mutual aid
may be requested:
1. The joint multijurisdictional criminal investigations.
2, Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trials, political conventions, labor disputes
and strikes,
30 Any natural disastero
4. Incidents which require rescue operations and crowd and traffic control
measures including, but not limited too large-scale evacuations, aircraft
and shipping disasters, fires explosions, gas line leaks, radiological
incidents, train wrecks and derailments, chemical or hazardous waste
spills, and electrical power failures,
5, Terrorist activities including, but not limited to, acts of sabotage,
60 Escapes from disturbances within detention facilities,
7. Hostage and barricade subject situations, and aircraft piracy.
8. Control of major crime scenes, area searcheso perimeter controlo back-ups
to emergency and in-process callso pursuits, and missing person calls.
90 Enemy attack,
100 Transportation of evidence requiring securityo
11. Major events, e.go, sporting events, concertso parades fairs, festivals and
conventionso
120 Security and escort duties for dignitaries.
130 Emergency situations in which one agency cannot perform its functional
objectiveo
14. Incidents requiring utilization for specialized units, eog.o underwater
recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol,
and police informationo
15. Joint training in areas of mutual need.
The Agreement is beneficial in our mission to protect the safety and quality of life of our
residentso
If you have any questions, please feel free to contact meo
EMS/tms
Attachment
CC01084-02
MUTUAL AID AGREEMENT
Between the Bal Harbour Village Police Department
and the City of Aventura Police Department
WHEREASo it is the responsibility of the governments of the Village of Bal
Harbour, Florida, and the City of Aventura, Florida, to ensure the public safety of
their citizens by providing adequate levels of police services to address any
foreseeable routine or emergency situation; and
WHEREAS, because of the existing and continuing possibility of the occurrence
of law enforcement problems and other natural and manmade conditions which
are, or are likely to be, beyond the control of the services, personnel, equipment
or facilities of the participating municipal police departments; and
WHEREAS, in order to ensure the preparation of these law enforcement
agencies will be adequate to address any and all of these conditions, to protect
the public peace and safety, and to preserve the lives and property of the people
of the participating Dade County municipalities; and
WHEREAS, the participating Dade County municipalities have the authority
under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into a Mutual
Aid Agreement.
NOW, THEREFORE, BE IT KNOWN, that the Village of Bal Harbour, subdivision
of the State of Florida, and the undersigned representatives, in consideration for
mutual promises to render valuable aid in times of necessity, do hereby agree to
fully and faithfully abide by and be bound by the following terms and conditions:
10 Short title: Mutual Aid Agreement
20 Description: Since the Mutual Aid Agreement provides for the requesting
and rendering of assistance for both routine and law enforcement
intensive situations, this Mutual Aid Agreement combines the elements of
both a voluntary cooperation agreement and a requested operational
assistance agreement as described in Chapter 23 Florida Statutes.
30 Definitions:
A, Joint declaration: A document which enumerates the various
conditions of situations where aid may be requested or rendered
pursuant to this Agreement, as determined by concerned agency
heads. Subsequent to execution by the concerned agency heads,
the Joint Declaration shall be filed with the clerks of the respective
political subdivisions and shall thereafter become part of this
Agreement. Said declaration may be amended or supplemented
at any time by the agency heads by filing subsequent declarations
with the clerks of the respective political subdivisionso
S, Agency or participating law enforcement agency: Either the
Village of Sal Harbour Police Department or the participating
municipal police department.
C. Agency Head: Either the Chief of the Village of Sal Harbour Police
Department, or the Chiefs designees, and the Chief of Police of the
participating municipal police departmento or the Chiefs designeeso
Do Participating municipal police department: The police
department of any municipality in Dade County, Florida, that has
approved and executed this Agreement upon the approval of the
governing body of the municipalityo
E, Certified law enforcement employees: Any law enforcement
employee certified as provided in Chapter 943, Florida Statuteso
40 Operations:
Ao tn the event that a party to this Agreement is in need of assistance
as specified in the applicable Joint Declaration, an authorized
representative of the police department requiring assistance shall
notify the agency from whom such assistance is requested. The
authorized agency representative whose assistance is sought shall
evaluate the situation and his available resourceso and will respond
in a manner deemed appropriate,
S, Each party to this Agreement agrees to furnish necessary man
power, equipment, facilities, and other resources and to render
services to the other party as required to assist the requesting
party in addressing the situation which caused the request;
provided, howevero that no party shall be required to deplete
unreasonably its own manpower, equipment, facilities, and other
resources and services in rendering such assistance,
C. The agency heads of the participating law enforcement agencies,
or their designees, shall establish procedures for giving control of
the mission definition to the requesting agency, and for giving
tactical control over accomplishing any such assigned mission and
supervisory control over all personnel or equipment provided
pursuant to this Agreement to the providing agency.
50 Powers, Privileges, Immunities, and Costs:
A, All employees of the participating municipal police department,
certified law enforcement employees as defined in Chapter 943,
Florida Statutes, during such time that said employees are
actually providing aid outside of the jurisdictional limits of the
employing municipality pursuant to a request for aid made in
accordance with this Agreement, shall pursuant to the provisions
of Chapter 23, Florida Statutes, have the same powers, duties,
rights, privileges, and immunities as if they were performing their
duties in the political subdivision in which they are normally
employedo
8, The political subdivision having financial responsibility for the law
enforcement agency providing the services, personnel, equip-
ment, or facilities pursuant to the provisions of this Agreement
shall bear any loss or damage to same and shall pay any and
all expenses incurred in the maintenance and operation of same,
C. The political subdivision having financial responsibility for the law
enforcement agency providing aid pursuant to this Agreement shall
compensate all of its employees rendering aid pursuant to this
Agreement, during the time of rendering of such aid. and shall
defray the actual travel and maintenance expenses of such
employees while they are rendering such aid, Such compensation
shall include any amounts paid or due for compensation due to
personal injury or death while such employees are engaged in
rendering such aid, Such compensation shall also include all
benefits normally due such employeeso
D. All exemption from ordinances and rules, and all pension,
insurance, relief, disability, workers compensation, salary,
death, and other benefits which apply to the activity of such
officers, agents, or employees of any such agency, when
performing their respective functions within the territorial limits
of their respective agencies, shall apply to them to the same
degree, manner, and extent while engaged in the performance
of their functions and duties extraterritorial under the provisions
of this Mutual Aid Agreement. The provision of this Agreement
shall apply with equal effect to paid and auxiliary employeeso
60 Indemnification: The political subdivision having financial responsibility
for the law enforcement agency providing aid pursuant to this Agreement
agrees to hold harmless, defend, and indemnify the requesting law
enforcement agency and its political subdivision in any suit, action or claim
for damages resulting from any and all acts or conduct of employees of
said providing agency while providing aid pursuant to this Agreement,
subject to Chapter 7680 Florida Statuteso where applicable.
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7, Forieitures: It is recognized that during the course of the operation of the
Agreement, property subject to forfeiture under the Florida Contraband
Forfeiture Act, Florida Statutes, may be seizedo The property shall be
seized, forfeited, and equitably distributed among the participating
agencies in proportion to the amount of investigation and participation
performed by each agency, This shall occur pursuant to the provisions of
the Florida Contraband Forfeiture Act.
8. Conflicts: Any conflict between this Agreement and the Florida Mutual
Aid Act will be controlled by the provisions of the latter, whenever
conditions exist that are within the definitions stated in Chapter 23, Florida
Statuteso
90 Effective Date and Duration: This Agreement shall be in effect from
date of signing, through and including January 1, 2006, and under no
circumstances may this Agreement be renewed, amended or extended
except in writing,
10, Cancellation: This Agreement may be canceled by either party upon
sixty (60) days written notice to the other part Yo Cancellation will be at the
discretion of the chief executive officers of the parties hereto.
AGRI;7D AND ACKNO LEDGED this 6Lday of ..!V/JJ/.641dE1,2000.
.
City Manager, City of Aventurao Florida
ATTEST:
.
City Clerko City of Aventurao Florida
TERESA M. SOROKA, CMC/AAE
.
Village Attorney. Village 0 Sal Harbour. Florida
City Attorney. City of Aventurao Florida
JOINT DECLARATION
OF THE CHIEF OF THE CITY OF AVENTURA POLICE DEPARTMENT
AND THE CHIEF OF THE VILLAGE OF BAL HARBOUR POLICE
DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT
A deputy sheriff or police officer of either of the participating law enforcement
agencies shall be considered to be operating under the provisions of the Mutual
Aid Agreement when:
participating in law enforcement activities that are preplanned
and approved by each respective agency head, or
appropriately dispatched in response to a request for assistance
from the other law enforcement agency,
In compliance with, and under the authority of, the Mutual Aid Agreement, hereto
entered into by the City of Aventura, Florida, and the Village of Sal Harbouro
Floridao it is hereby declared that the following list comprises the circumstances
and conditions under which mutual aid may be requested and rendered
regarding police operations pursuant to the Agreement. Said list may be
amended or supplemented from time to time, as needs dictate by subsequent
declarations,
10 Joint multi-jurisdictional criminal investigations
20 Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trials, political conventions. labor disputes,
and strikes
3. Any natural disaster
4. Incidents which require rescue operations and crowd and traffic control
measures, includingo but not limited to, large-scale evacuations, aircraft
and shipping disasters, fires, explosions, gas line leaks, radiological
incidents. train wrecks and derailments, chemical or hazardous waste
spills, and electrical power failures
50 Terrorist activities including. but not limited to, acts of sabotage
60 Escapes from or disturbances within detention facilities
70 Hostage and barricaded subject situations, and aircraft piracy
8, Control of major crime scenes, are9 searches, perimeter control, backups
to emergency and in-progress calls, pursuits, and missing persons calls
..... . "
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9. Enemy attack
10. Transportation of evidence requiring security
110 Major events; eogo, sporting events, concerts, parades, fairs, festivals, and
conventions
12. Security and escort duties for dignitaries
130 Emergency situations in which one agency cannot perform its functional
objective
140 Incidents requIring utilization of specialized units; e,g., underwater
recovery, canine, motorcycle, crime scene, marine patrol enforcement or
investigation, and police information
15, Joint training in areas of mutual need
16. Participating in exigent situations without a formal request which are
spontaneous occurrences such as area searches for wanted subjects,
perimeters, crimes in progress, escaped prisoners; traffic stops near
municipal boundaries, request for assistance and no local unit is available
or nearby, calls or transmissions indicating an officer is injured, calls
indicating a crime of incident has occurred in which a citizen may likely be
injured and the assisting municipality is closer to the area than the officer
receiving the call
170 Mutual enforcement of all existing applicable laws and ordinances and
exercise of arrest powers within the area comprising the jurisdictional
waters within respective municipal boundaries
DATE: / jh;l()//
DATE:
fk^ J..l~
Chie Ity of Aventura Police Dept.o
Aventura, Florida
THOMAS E. RISEL
,
~
ge 0 Sal Harbour Police Dept.
Sal Harbouro Florida
LARRY FREEMAN
ATTEST:
<
City Clerko City of Aventura
TERESA Mo SOROKAo CMC/AAE
JOINT DECLARATION AMENDMENT UNDER
BAL HARBOUR VILLAGEI
AVENTURA POLICE
MUTUAL AID AGREEMENT
This Agreement amends the Joint Declaration under the Mutual Aid Agreement
of November c:2:.L, 2000, to include and permit concurrent marine patrol related
jurisdiction between agencies on the waters, waterways, canalso channels, rivers,
lakes, streams, and any and all other bodies of waters, including the Intracoastal
Waterway (ICW) that fall within either jurisdiction at this or any future time during
the term of this Mutual Aid Agreement.
It will be agreed between both Chiefs of Police of the Village of Bal Harbour and
the City of Aventura to the following conditions of concurrent marine patrol
related jurisdiction:
10 Both agencies will be permitted to patrol jurisdictional waters of either
jurisdiction, and to take enforcement actions as deemed appropriate
under city, state, and federal laws, rules, and regulations, and to write
boating law violation citations, make arrests, and to attend court on be-
half of the other agencyo
20 Both agencies agree that any and all incidents, which require an initial
(preliminary) police offense incident report (GIR), will be completed by
the agency making the initial contact. Any follow-up investigations that
are required are to be completed by the jurisdiction the incident occurred
regardless of which agency completed the original offense incident reporto
30 If an arrest is made by one agency that is operating in the jurisdictional
waters of the other agency, and that arrest results in asset forfeiture
proceedings, both agencies agree to a 50-50 share of the final asset
distribution following the payment of all expenses relating to the prose-
cution of the civil case. The jurisdiction of civil forfeiture action shall be
filed by seizing agency.
4, Both agencies have the right to set their own days and hours for marine
patrol and agree to provide assistance and aid to the other agency under
the spirit of Mutual Aid Agreement.
This Amendment shall become effective upon the signing of both Chiefs of Police
and shall remain in effect until either the current Mutual Aid Agreement and Joint
.0.,o,'oo..,.,o.D~~
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Declaration expires or either agency gives written notice to the other agency to
rescind this Amendment.
I accept the terms and conditions of the aforementioned Amendment to the
current Mutual Aid Agreement and Joint Declaration between the City of
Aventura Police Department and the Village of Sal Harbour Police Department.
Date
Eric Mo Soroka, City Manager
Aventura, Florida
, Village Manager
rbour Village, Florida
~7~
C ' f of Police
Village of Sal Harbour Police Dept.
Thom~ot-~~~h6 of Police
City of Aventura Police Dept.
(914:Joinl Declaration)
<
RESOLUTION NO. 2002-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF AVENTURA AND
BAL HARBOUR VILLAGE FOR LAW ENFORCEMENT
ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 10 The City Manager is hereby authorized on behalf of the City of
Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between
the City of Aventura and Sal Harbour Village for law enforcement activities in substantially
the form as attached heretoo
Section 2. The City Manager is hereby authorized to do all things necessary and
expedient in order to effectuate the execution of the attached Agreement described in
Section 1 above, and to carry out the aims of this Resolutiono
Section 3. This Resolution shall become effective immediately upon its adoptiono
The foregoing Resolution was offered by Commissioner
who moved its adoptiono The motion was seconded by Commissioner
, and upon
being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey Mo Perlow
Resolution No, 2002-_
Page 2
PASSED AND ADOPTED this 4th day of June, 20020
JEFFREY Mo PERLOW, MAYOR
ATTEST:
TERESA Mo SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Itms
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE: May 30,2002
TO: City Commission
FROM:
SUBJECT: Resolution Authorizing Execution of Letter of Acknowledgment with
Aventura Hospital and Medical Center for Drainage Improvements
June 4, 2002 City Commission Meeting Agenda Item 6--.1:
Recommendation
It is recommended that the City Commission authorize the execution of the attached
Letter of Acknowledgment with Aventura Hospital and Medical Center for drainage
improvementso The letter will expedite drainage improvements in the southern portion
of the Hospital District.
BackQround
The CIP provides for drainage improvements in the Hospital District that are phased in
over a three (3) year period beginning in 2003/040 Improvements are scheduled in the
southern portion of the District in 2004/050
The Aventura Hospital and Medical Center is in the process of major expansion and
improvements to the hospital campuso As part of the expansion, the Hospital is required
to make certain drainage improvementso
The Hospital has agreed to construct the southern portion of the City drainage
improvements originally scheduled in 2004/05 as part of the overall drainage
improvementso This will allow for the improvements to be expedited by two years, In
addition, the Hospital has agreed to allow the City to reimburse the Hospital within the
2004/05 fiscal year.
This arrangement exhibits our continued efforts to establish public - private
partnerships to expedite public improvements in an economic manner.
If you have any questions, please feel free to contact meo
EMS/tms
attachment
RESOLUTION NO. 2002-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED LETTER OF
ACKNOWLEDGEMENT BETWEEN THE CITY OF
AVENTURA AND MIAMI BEACH HEALTHCARE GROUP,
INC., D/B/A AVENTURA HOSPITAL & MEDICAL CENTER
FOR DRAINAGE IMPROVEMENTS; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Letter of Acknowledgement between the City and Miami Beach Healthcare Group, Ltdo,
d/b/a Aventura Hospital & Medical Center for drainage improvementso
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this resolutiono
Section 3. This Resolution shall become effective immediately upon its
adoptiono
The foregoing Resolution was offered by Commissioner
who moved its adoptiono The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Jay Ro Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey Mo Perlow
Resolution Noo 2002-_
Page 2
PASSED AND ADOPTED this 4th day of June, 20020
JEFFREY Mo PERLOW, MAYOR
ATTEST:
TERESA Mo SOROKA, CMC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
S-09-200Q 9,13AM
FROM AVENTURA HOSPITAL 3056827105
LETTER OF ACKNOWLEDGEMENT
BETWEEN:
MIAMI BEACH HEAl. THCARE GROUP LTD., dlbla
AVENTURA HOSPITAL & MEDICAL CENTER
("Owner")
AND
THE CITY OF AVENTURA ("City")
This letter will acknowledge that:
1. The Owner is the owner of several contiguous parcels of land known as
the "Hospital Campus" In the City of Aventura, described in Exhibit "A".
2. The Owner has made applicaUon for Administrative Site Plan approval to
the City for expansion of and improvements to the existing hospital
campus. ("Phase B works").
3. The City has required that the owner make certain drainage Improvements
to the campus area as part of its expansion works.
4, The Owner has agreed with the City that the Owner will install, at its
expense, as part of the Phase B works a 48 inch diameter drainage
culvert and structures along its frontage on NE 28 Avenue from NE 209
Street northerly to the property limits, all in accordance with the Drainage
& Sanitary System Study of Biscayne Lake Gardens Neighborhood and
Hospital District prepared for the City of Aventura by Craven Thompson &
Associates Inc. dated April 1, 2002. The esUmated cost of installation of
the drainage culvert and structures is $400,000.000 This cost shall be
subject to review and certification of reasonableness and accuracy by the
City Engineer.
5. Subject to City Commission approval, the City has agreed to reimburse
the Owner for the cost of the drainage culvert and structures at a later
date within the City's 200412005 fiscal year, to be determined by the City
DATED at the City of Aventura, this
day of
,2002.
Miami Beach Healthcare Group Inc.
dlbla Aventura Hosp & Medical Center
City of Aventura
Eric M. Soroka
City Manager
P.2
5-09-~, 9,13AM
Parcel 1:
Parcel 2:
Parcel 3:
FROM AVENTURA HOSPITAL 30S6827105
P.3
,
Exhibit' . A .
Tm:ts 1, 2, 3 ~ 10 die lIlereof BISCA YNE MEDICAL Pl..AU III recorded in
Plat Book 137, ~ 76 of !he Publie Records or Miami-DIIde COIIllly. florida;
Togedler with:
TIle Well * oflbe Northwest Quaner of Ibe Soulbeut Quaner of the Nonhwest
Quarter of Sc4:Uoa 34, TO'MISbIp 51 Soulh, Rmae 42 Easl, of Dade County, Florida;
alkJa: 1be West 'la of Lot 2, in BIoct 6, of MAP OF THE TOWN OF
H.AU.ANDALE, aa:ordinc to the plat tbeteof as recorded in Plat Book "B" at Page 13
of Public Records of Dade Olunty, Florida;
LesI!he followiu& ponioua lbeteof:
The Wat 25 feet of Lot 2, in 8101:11: 6, of tho NW 1/4 Section 34, Township 51 South.
Ran&e 42 But of MAP OF mB TOWN OF HAU.ANDALE, accordinc 10 !he pial
thereof III recorded In Plat Book "B" al Page 13 of Publie Records of Dade County.
Florida.
AND
1be Soulh 25 feet of the Weal 'la of Lot 2, of Block 6, oflhe NW 1/4 Section 34.
Township SI Soulh, RaIJ&c 42 East, of MAP OF mE TOWN OF HALLANDALE.
ac:cordiDg to Cbe plat thereof IS recorded in Plat Book oBo at Page 13 of Public Records
of Dade County, Florida;
AND .
The area bounded by the Nonh line of Cbe South 2S feet of Lot 2, of said Block 6, and
bounded by Cbe Bast line of the Weat 2S feet of Lot 2. of said Block 6; and bounded by
a 2S foot radius arc COllColve 10 lhc No~ said arc being tangent to both of !he Iasl
described une..
And
l..ola Ilhrough 40, Block L. and Lots 1 lhrOlJlh 40, Block K. of AMENDED PLAT
OF HALLANDALE PARK NOo 6, according 10 !he PIal thereof. recorded in Pial
Book 17, at Pace S6, of !he Public Record. of Miami-Dado County ,Florida.
And
Lola 17 throIlp 24 inclusive, in Block I of AMBNDED PLAT, HALLANDALE
PARK NOo 6, according lO the Plat thereof, recorded In Plat Book 17, page 56, of the
Public Recorda of Miaml-Dade County, Florida, and Lots I I through 24 inclusive. and
Lots 29 and 3O,In Block J of AMENDED PLAT, HAUANDALE PARK NOo 60
acc:ordlDg lO the Plat thereof, recorded in PIal Book 17, PIle S6, of the Public Records
of Miami-Dade Counly, Florida, and that part ofN.E.27th ColIn (Borlcoley Avenue).
lyios betweeo laid Block 1 and said Block J, as vac:azed by !he City of Aveotura
Resolution Noo 2000-41.
LI'.Oft)U), XOIN . LBOl'OlA '.A.
_1__o_SClI.A_ PL ..1........-._.._
PARKJ)lGoEAS.doe
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
FROM: Eric Mo Soroka, City
TO: City Commission
BY: Joanne Carr, Senior
DATE: April 30, 2002
SUBJECT: Amendment to Section 31-21 to amend the definition of "building" and
amendment to Section 31-75 of the City's Land Development Regulations to
allow for additional temporary useso
(03-LDR-02)
May 7, 2002 Local Planning Agency Agenda Item
May 7,2002 City Commission Meeting Agenda Item 1 B
June 4, 2002 City Commission Meeting Agenda Item g ft-
RECOMMENDATION
It is recommended that the City Commission:
10 Approve the amendment to Section 31-21 of the City's Land Development Regulations
to amend the definition of "building", and,
20 Approve the amendment to Section 31-75 of the City's Land Development Regulations
to allow for additional temporary uses.
The ordinance has been revised to address the concerns of the City Commission
expressed at the April workshop meeting,
THE REQUEST
City staff is requesting an amendment to Section 31-21 of the City's Land Development
Regulations to change the definition of "building" and an amendment to Section 31-75 of
. the City's Land Development Regulations to allow for additional temporary uses.
ANALYSIS
Standards for reviewing proposed amendments to the text of the LDR:
10 The proposed amendment is legally requiredo
The proposed amendment improves the administration or execution of the
development process in that it provides for clarification of and allows for additional
temporary uses,
20 The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan, .
30 The proposed amendment is consistent with the authority and purpose of the LOR.
The proposed amendment is consistent with the authority and purpose of the Land
Development Regulations,
4, The proposed amendment furthers the orderly development of the City,
The proposed amendment furthers the orderly development of the Cityo
50 The proposed amendment improves the administration or execution of the
development processo
The proposed amendment improves the administration or execution of the
development process in that it provides for clarification. of and allows for additional
temporary useso
Description/Background of Proposed Amendments 1:
10 Sec. 31-21, Definitions, (see Exhibit #1)
Building shall mean any structure, either temporary or permanent, having a roof,
and used or built for the shelter or enclosure of persons, animals, personal property
or property of any kind, This definition shall include tents, awnings or vehicles
situated on private property and serving in any way the function of a building but
shall not permit the use of temporarv structures except as provided in Section 31-
75 of this chapter.
1 Underlined provisions constitute proposed additions to existing text; E:tFiskSR thrG~!lR provisions indicate
proposed deletions from existing text.
The proposed amendment is required to provide clarification of definitions
within the City's Land Development Regulations,
20 Seco 31-750 Temporary useso (see Exhibit #2)
(b) Review and approval.. 0
(11) Modular trailers or oortables for the ouroose of temoorarv facility(ies) only for
oublic or orivate educational ourooses for student classrooms and administrative
soaceo for a develooment oroiect with final site olan aooroval. The temoorarv
facilitylies) shall be located on and limited to the orooerty which is the subiect of the
final site olan aooroval. The maximum time limit shall be eiqhteen (18) months
from the date of final site olan aooroval and shall be subiect to the orovisions of
subsection Id) of this section. A removal bond in the amount of $50000 for each
structureo in a form aooroved by the City Attorneyo shall be required from the
aoolicant orior to issuance of a permit for the temoorarv facililvlies)o
The proposed amendment. is required to permit temporary modulars or
portables for public or private educational purposes for student classrooms
and administrative space on a property following final site plan approval,
The temporary facility is permitted for a maximum of eighteen (18) months
from the date of final site plan approval and a removal bond of $5,000 per
structure is required from the applicant.
1 Underlined provisions constitute proposed additions to existing text; strisl<9R tAr9~!lR provisions indicate
proposed deletions from existing text.
Istaff reports/03-LDR-02 amend LDR mise rev 040702
LAND DEVELOPMENT REGULATIONS
~ 31-21
,.~
Bars, lounges and nightclubs shall mean a commercial establishment whose primary
business is the sale of alcoholic beverages for consumption on premises and where under 50
percent of gross receipts are related to food service. Bottle clubs as defined by Florida Statutes
shall also be included.
Base {lood shall mean the flood having a one percent chance of being equaled or exceeded in
any given year.
Bottle clubs. See Bars, lounges and nightclubs.
Bufferyard shall mean an area of landscaping and open space around the perimeter of a
development parcel, or an area adjacent to a parking lot which is used to screen differing land
uses from each other. In some instances bufferyards may also be used to satisfy minimum yard
requirements.
Building shall mean any structure, either temporary or permanent, having a roof, and used
or built for the shelter or enclosure of persons, animals, personal property or property of any
kind. This definition shall include tents, awnings or vehicles situated on private property ~d
serving in any way the function of a building.
Building code shall mean the South Florida Building Code, Miami-Dade County edition, as
amended.
Canal shall mean a body of water having a width of 100 feet or less for lin.ear areas in excess
of 200 feet in length and used principally for the conveyance of water.
Canopy. See Awning.
Capacity shall mean the capability of a facility to serve the needs of a user such as the
number of vehicles a road can safely and sufficiently carry.
Capital improvements shall mean the planning of, engineering for, acquisition of land or
equipment, and the construction of improvements and facilities with a useful life of at least
three years, but does not include routine maintenance.
Carport shall mean a structure intended for vehicle storage not completely enclosed by
walls.
Child or adult care center shall mean an enterprise involving the care of five or more
children and/or senior adults at one and the same time, either by day or night, which children
and/or senior adults are not foster children or related by blood or marriage to the operator.
Adult care centers shall not include those uses meeting the definition of assisted living
facilities or nursing home.
Church. See religious facility.
City Manager shall mean the chief executive officer of the City as defined by the City Code
who shall have such duties as are legally prescribed~;
Commercial recreation shall mean a business, or zoning district whose primary purpose is
recreational activities. Commercial recreation provides for major public and private commer-
Supp. No.4
CD31:11
EXHIBIT #1
",,,;;l<_
LAND DEVELOPMENT REGULATIONS
~ 31-75
provided the Community Development Director finds that such new use is not more
objectionable than the enumerated uses in such district, is similar thereto and will be
compatible therewith. No use that is enumerated in any B or M District will be permitted in
a more restrictive district.
(Ord. No. 99-09, ~ 1(Exh. A. 9 504), 7-13-99)
Sec. 31-75. Temporary uses.
(a) Permit required. No temporary use or structure which is not otherwise treated as a
permitted use or conditional use in a particular zoning district and which is not otherwise
prohibited shall be conducted or erected without a temporary use or structure permit. This
section shall not override, and shall not substitute for, any other section of the LDR which
requires another type of permit, certificate, or approval.
(b) Review and approvaL An application for temporary use shall be submitted and reviewed
in conformance with the procedures of general applicability. Notice and public hearing
requirements shall not apply to temporary use or structure permits. The payment of an
application fee, established by the City Commission, shall be included with the application for
a temporary use permit. Applications for a temporary use or structure permit shall be reviewed
and approved by the City Manager or his designee, who may impose reasonable conditions
upon the temporary use or structure permit.
The establishment of the following uses shall require a temporary use,\structure permit or
special events permit issued by the City. "
(1) Construction office trailers for a development project with final site p1!ID approval.
(2) Construction materials storage, processing and fabrication for a development project
with site plan approval.
(3) Construction equipment storage for a development project with site plan approval.
(4) Temporary sales offices and model homes established for the express purpose of
marketing a real estate development project with the site plan approval. The offices
and model homes shall be located on and limited to the property which is being
marketed for sales.
(5) Attended modular trailers for the purpose of collecting, storing or distributing goods on
private property. Unattended facilities are prohibited in any zoning district.
(6) Garage sales.
(7) Seasonal sales lots offering Christmas trees, pwnpkins, flowers and the like; however,
no temporary permit shall be issued for sales within public rights-of-way, and
fireworks sales shall be subject to Fire Department approval.
(8) Sidewalk or parking lot sales by City licensed businesses.
(9) Non-City sponsored fireworks displays and shows.
(10) Carnivals, fairs, concerts, circuses or similar events.
Suppo No.4
CD31:35
EXHIBIT #2
~ 31-75
AVENTURA CODE
(c) Maxi17ULm tirM limito A maximum time limit shall be established for all temporary uses
based on the minimum amount of time needed to conduct the permitted activityo Temporary
uses and structures related to real estate development projects shall not be maintained longer
than the time necessary to complete the construction of the project (issuance of the final
certificate of occupancy)o
(d) Revocation of permitso Any temporary use which becomes a nuisance, violates the
conditions of the permit or is in violation of the LDR shall be revoked by the City Manager. Any
temporary use which endangers the public health or safety shall be revoked immediately by
the City Managero
(e) 'Exemptions. No pennit for temporary use or structure will be required when such use or
structure is part of a construction project by or for the Cityo
(I) General criteria and limitations for temporary use permitso
(1) The temporary use must be compatible with the surrounding land uses;
(2) A parking problem must not be created. If off-site parking is to be utilized, permission
must be in writing from the owner of the property utilized.
(3) An applicant may not receive a temporary use permit on the same property more than
three times within a calendar year, unless approved by the City Manager or his
designee.
(4) The temporary use must not endanger the public health or safety of the citizens or
businesses of the City of Aventura,
(Ord, Noo 99-09, g 1(Exho A, g 505), 7-13-99)
Sec. 31-76. Variances.
(a) Purpose and scope. The variance process is intended to provide limited relief from the
requix-ements of the LDR in those cases where strict application of those requirements will
create"a practical difficulty or unnecessary hardship, as distinguished from a mere inconve-
nience;prohibiting the use of land in a manner otherwise allowed under the LDR.: Variances
shall not be granted to allow the establishment of a use or density which is not otherwise
allowed in a zoning district or which would change the zoning district classification of any or
all of the affected property,
(b) Application requirerMnts. An application for a variance shall be filed by the owner of the
property upon which the variance is requested or their designated representative. The
application shall be on a form provided by the Co=unity Development Director and shall
include an application fee as established by the City Commissiono
(c) Staff review. The Co=unity Development Department shall review the application to
evaluate whether the proposed variance complies with the general purpose and standards set
forth in this section for the granting of varianceso The Co=unity Development Director shall
Supp. No.4
CD31:36
ORDINANCE NO. 2002-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING SECTION 31-21 OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO AMEND THE
DEFINITION OF "BUILDING"; AMENDING SECTION 31-
75 OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO AMEND TEMPORARY USES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Aventura is desirous of amending the City's Land
Development Regulations to provide additional language and/or to clarify certain sections
of the Code; and
WHEREAS, the City Commission has been designated as the local planning
agency for the City pursuant to Section 16303174, Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the application pursuant to
the required public hearing and has recommended approval to the City Commission;
and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the action set forth in this
Ordinance and has determined that such action is consistent with the Comprehensive
Plan,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT1;
1 Underlined provisions constitute proposed additions to existing text; strisl<BR thr-a~!lh provisions indicate
proposed deletions from existing text.
Ordinance Noo 2002 -
Page 2
Section 1. Section 31-21 of the City's Land Development Regulations are
hereby amended so as to provide for amendment to the definition of "building", as
follows:
Sec, 31-210 Definitions,..
Building shall mean any structure, either temporary or permanent, having a roof,
and used or built for the shelter or enclosure of persons, animals, personal
property or property of any kindo This definition shall include tents, awnings or
vehicles situated on private property and serving in any way the function of a
building but shall not permit the use of temporary structures except as provided
in Section 31-75 of this Chapter.
Section 2. Section 31-75 of the City's Land Development Regulations are
hereby amended so as to provide for amendment to temporary uses, as follows 1:
Seco 31-750 Temporary uses,
(b) Review and approval...
(11) Modular trailers or portables for the purpose of temporary facility(ies) only
for public or private educational purposes for student classrooms and
administrative spaceo for a development proiect with final site plan approval. The
temporary facility(ies) shall be located on and limited to the property which is the
subiect of the final site plan approval. The maximum time limit for use of the
temporary facility(ies) shall be eiQhteen (18) months from the date of final site
plan approval and shall be subiect to the provisions of subsection (d) of this
section, A removal bond in the amount of $50000 for each structureo in a form
approved by the City. Allorneyo shall be required from the applicant prior to
issuance of a permit for the temporary facility(ies) .
Section 3. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sectionso sentences, clauses, and phrases of this Ordinance but they
Ordinance No. 2002 -
Page 3
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part,
Section 4. Inclusion in the Code. It is the intention of the City Commission, and
it is hereby ordained that the provisions of this Ordinance shall become and be made a
part of the Code of the City of Aventura; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate wordo
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second readingo
The foregoing Ordinance was offered by Commissioner Rogers-Libert, who
moved its adoption on first reading, This motion was seconded by Commissioner
Cohen, 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 Mo Perlow yes
The foregoing Ordinance was offered by Commissioner ,
who moved its adoption on second readingo This motion was seconded by
Commissioner and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey Mo Perlow
Ordinance No, 2002 -
Page 4
PASSED on first reading this ih day of May, 2002,
PASSED AND ADOPTED on second reading this 4th day of June, 2002,
JEFFREY M, PERLOWo MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this _ day of June, 20020
CITY CLERK
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric Mo Soroka, City.
TO: City Commission
DATE: April 3, 2002
SUBJECT: Ordinance Amending SectIon 2-61 of the City Charter to Create the
Charter School as a Department of the City
1st Reading May 7,2002 City Commission Meeting Agenda Item ~
2nd Reading June 4, 2002 City Commission Meeting Agenda Item~
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance creating the
Charter School as a department of the City as previously approved in the 2001/2002
Budget.
If you have any questions, please feel free to contact me,
EMS/aca
Attachment
CC01065-02
ORDINANCE NO. 2002-_
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING CHAPTER 2 ENTITLED
"ADMINISTRATION", BY AMENDING ARTICLE II
"DEPARTMENTS", SECTION 2-61 "CREATED" TO
PROVIDE FOR INCLUSION OF THE CHARTER
SCHOOL AS A DEPARTMENT OF GOVERNMENT
WITHIN THE CITY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING
FOR EFFECTIVE DATE.
WHEREAS, Section 2-61 "Created" of Article II "Departments" of Chapter 2
"Administration" of the City Code provides for the creation of departments of
government within the City; and
WHEREAS, the City Commission wishes to amend Section 2-61 to provide for
the addition of the Charter School as a department of government within the Cityo
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: 1
Section 1. That Section 2-61 of Article II "Departments" of Chapter 2
"Administration" of the City Code of the City of Aventura is hereby amended to read as
follows:
Section 2-61. Created.
For the purpose of systematically and efficiently administering the operations
of the City of Aventura, the following departments of government within the
City are hereby established:
10 Office of the City Manager;
20 Finance and Support Services;
30 Legal;
40 City Clerk's Office;
50 Public Safety;
6, Community Development;
7, Community Services,
8, Charter Schools
1 StriGkeA text is deleted; underlined text is added
Ordinance No, 2002-_
Page 2
Section 2. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any parto
Section 3. Inclusion in the Code. It is the intention of the City Commission, and it
is hereby ordained that the provisions of this Ordinance shall become and be made a part
of the Code of the City of Aventura; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word,
Section 4. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading,
The foregoing Ordinance was offered by Commissioner Rogers-Libert, who moved
its adoption on first readingo The motion was seconded by Commissioner Cohen and,
upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey Mo Perlow
yes
yes
yes
yes
yes
yes
yes
The foregoing Ordinance was offered by Commissioner ,
who moved its adoption on second readingo The motion was seconded by Commissioner
, and, upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey Mo Perlow
2
Ordinance Noo 2002-_
Page 3
PASSED on first reading this 7th day of May, 20020
PASSED AND ADOPTED on second reading this 4th day of June, 2002,
JEFFREY Mo PERLOW, MAYOR
ATTEST:
TERESA M, SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
3
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
Eric M, Soroka, Cit
TO:
City Commission
DATE:
May 8, 2002
SUBJECT: Ordinance Adopting 2002/2003 Charter School Fund Budget
1st Reading May 16, 2002 City Commission Meeting Agenda Item ~
20d Reading June 4, 2002 City Commission Meeting Agenda Item g- c..
Attached for your consideration is the adopting Ordinance and budget document for the
2002/03 Charter School Fund Budget.
If you have any questions, please feel free to contact meo
EMS/aca
Attachment
CC01081-02
ORDINANCE NO. 2002"_
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ADOPTING THE ATTACHED CHARTER SCHOOL
OPERATING, DEBT SERVICE AND CAPITAL BUDGET
FOR THE AVENTURA CHARTER ELEMENTARY SCHOOL
FOR FISCAL YEAR 2002/03 (JULY 1 - JUNE 30),
PURSUANT TO SECTION 4.05 OF THE CITY CHARTER;
AUTHORIZING EXPENDITURE OF FUNDS
ESTABLISHED BY THE BUDGET; PROVIDING FOR
BUDGETARY CONTROL; PROVIDING FOR PERSONNEL
AUTHORIZATION; PROVIDING FOR GIFTS AND
GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING
FOR ENCUMBRANCES; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 10 The 2002/2003 Operating, Debt Service and Capital Improvement
Program Budget for the Aventura Charter Elementary School, a copy of said budget
being attached hereto and made a part hereof as specifically as if set forth at length
herein, be and the same is hereby established and adopted.
Section 20 Exoenditure of Funds Aoorooriated in the BudQet Authorizedo Funds
appropriated in the Budget may be expended by and with the approval of the City
Manager in accordance with the provisions of the City Charter and applicable lawo Funds
of the City shall be expended in accordance with the appropriations provided in the
Budget adopted by this Ordinance and shall constitute an appropriation of the amounts
specified thereino Supplemental appropriations or the reduction of appropriations, if any,
shall be made in accordance with Section 4007 of the City Charter.
Ordinance Noo 2002-_
Page 2
Section 30 Budaetarv Control. The Budget establishes a limitation on
expenditures by department total. Said limitation requires that the total sum allocated to
the Charter School department for operating, debt service and capital expenses may not
be increased or decreased without specific authorization by a duly-enacted Resolution
affecting such amendment or transfero Therefore, the City Manager may authorize
transfers from one individual line item account to another, so long as the line item
accounts are within the same department and fund,
Section 40 Personnel Authorizationo The "Personnel Allocation Summary"
enumerates all authorized budgeted positionso However, the City Manager may amend
said authorized budgeted positions in order to address the operating needs of the
department so long as sufficient budgeted funds are available,
Section 5, Grants and Gifts, When the City of Aventura receives monies from
any source, be it private or governmental, by Grant, Gift, or otherwise, to which there is
attached as a condition of acceptance any limitation regarding the use or expenditures of
the monies received, the funds so received need not be shown in the Operating Budget
nor shall said budget be subject to amendment of expenditures as a result of the receipt
of said monies, but said monies shall only be disbursed and applied toward the purposes
for which the said funds were receivedo To ensure the integrity of the Operating Budget,
and the integrity of the monies received by the City under Grants or Gifts, all monies
received as contemplated above must, upon receipt, be segregated and accounted for
based upon generally accepted accounting principles and where appropriate, placed into
2
Ordinance No, 2002-_
Page 3
separate and individual trust and/or escrow accounts from which any money drawn may
only be disbursed and applied within the limitations placed upon the Gift or Grant as
aforesaido
Section 60 Amendmentso Upon the passage and adoption of the Charter School
Fund Budget for the City of Aventura, if the City Manager determines that an Operating
Department Total or a Capital Outlay Line Item will exceed its original appropriation, the
City Manager is hereby authorized and directed to prepare such Resolutions as may be
necessary and proper to modify any line item from the Budget herebyo
Section 7. Encumbranceso All outstanding encumbrances at June 30, 2002 shall
lapse at that time; and all lapsed capital outlay encumbrances shall be re-appropriated in
the 2002/2003 fiscal year.
Section 8, Severabilitv, The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part,
Section 90 Effective Dateo This Ordinance shall be effective immediately upon
adoption on second reading.
3
Ordinance No, 2002-_
Page 4
The foregoing Ordinance was offered by Commissioner Rogers-Libert, who
moved its adoption on first reading, This motion was seconded by Vice Mayor Berger
and upon being put to a vote, the vote was as follows:
Commissioner Jay Ro 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 Mo Perlow yes
The foregoing Ordinance was offered by Commissioner
, who
moved its adoption on second readingo This motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey Mo Perlow
PASSED AND ADOPTED on first reading this 16 day of May, 20020
4
Ordinance No, 2002-_
Page 5
PASSED AND ADOPTED on second reading this 4th day of June, 20020
JEFFREY M, PERLOW, MAYOR
ATTEST:
TERESA M, SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
5
CHARTER SCHOOL BUDGET
FISCAL YEAR 2002/03
~ ",rJi
.. eq~ 0& ~%,e~
CITY OF AVENTURA
AVENTURA CHARTER ELEMENTARY SCHOOL
CITY COMMISSION/BOARD OF DIRECTORS
Mayor Jeffrey M. Perlow
Vice Mayor Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
CITY MANAGER
Eric M. Soroka
MANAGEMENT COMPANY
Charter School USA
~VENTURA CHARTER
ELEMENTARY SCHOOL
~ventura, FL
NWwoaventuracharteroorg
The Honorable Mayor and City Commission
Aventura Charter Elementary Board of Directors
City of Aventura
Aventura, Florida 33180
RE: 2002/03 Charter School Fund Budget Message
Members of the City Commission:
In accordance with Article IV, Section 4.05 of the Charter of the City of
Aventura, I hereby submit the proposed Budget for the Charter School
Fund for the fiscal year beginning July, 2002, for your review and
considerationo This budget document represents the start-up costs
associated with the opening of the Aventura Charter Elementary School
scheduled to open in August 2003.
Budaet Format
The format of the budget is in accordance with guidelines adopted by the
State and Miami-Dade School Board and utilizes the school system's
accounts codes as well.
The following sections are contained within the budget document:
1. Summary of all Budgeted Funds
2. Personnel Allocation
30 Revenue Projections
4. K-3 Basic
5. 4-8 Basic
60 Substitute Teachers
7, Instructional Media Services
8, School Administration
9, Pupil Transit Services
10. Operation of Plant
11, Child Care Supervision
120 Capital Outlay
30 Debt Service
"'"
A Member of the c HARTER SCHOOLS Family of Schools
\::.-' A
Although the budget document has been pre-loaded with the revenue and expenditure
categories and line items required for the school's openingo this budget only deals with
estimated cost associated with start-up services.
Summarv of All Budaetarv Funds
The total proposed budget for 2002/03, including all operating, capital outlay and debt
service, is $6,639, 494. The majority of the budget is the construction and equipping of
the school. Capital Outlay expenditures total $6,000,000 and Debt Service
expenditures are $4400000.
Budget Category Summary
Revenues
Other Non-Revenues
Total Revenues
$6.639.494
$6,639,494
Expenditures
School Administration
Operation of Plant
Capital Outlay
Debt Service
Total Expenditures
$ 58,494
141,000
6,000,000
440.000
$6,639,494
Charter School Fund
This fund is used to account for revenues and expenditures specifically earmarked for
the City's Charter Schools. The fund will account for both operating and capital
revenues, expenditures and debt service. Also included will be the repayment to the
General Fund for start-up and debt service costs associated with the acquisition of
land..
Revenues
The revenueso available for allocation in the 2002/03 Fiscal Year, including inter-fund
transfers, are anticipated to be $6,6390494.
Other Non-Revenues - This represents transfers in the amount of $89,494 from the
General Fund to fund start-up costs that will be repaid in future years. In addition it
includes $6,550,000 in bond proceeds to fund the construction and equipment for the
school and first year interest payments and start-up costs.
Expenditures
The estimated 2002/03 expenditures contained within this budget total $6,639,494 and
are balanced with the projected revenues.
Personnel Services
Funds have been provided in the amount of $52,494 to hire the school administration
positions for start up purposeso
ODeratina EXDenses
The expenditures for operating expenses are $147,000. This includes $110,000 for
planning services provided by Charter School USA and the City's school consultant.
CaDital Outlav
A total of $6,000,000 has been budgeted for school construction, furniture, fixtures,
equipment and computer equipment.
Debt Service
Costs have been included to fund debt service payment expenditures in the amount of
$440,000 associated with start-up costs and the long term financing of the construction
and equipping of the school. The proposed financing is for $6,550,000 to be repaid
over a 30 year period.
The preparation and formulation of this document could not have been accomplished
without the assistance and dedicated efforts of Charter Schools USA and the City's
Director of Finance Support Services. All questions relating to the budget should be
referred to my attention.
EMS/aca
CITY OF AVENTURA
W~i[0fr~Z&mt[;;rt~~lgli!{~:B~~ffl;11~fi!~t~f3~~d~i~it~~I~~ft,'M!i;~~,-~',~Hg2~~~~q~gtl~.q~'lri~_~~i~~~~Ji_~
BUDGET CATEGORY SUMMARY
2002103 1 - June
This fund is used to account for revenues and expenditures specifically earmarked for the
City's Charter Schools. The fund will account for both operating and capital revenues,
expenditures and debt service. Also included is repayment to the General Fund for start-up
and debt service costs associated with the acquisition of land.
REVENUE PROJECTIONS
State Shared Revenues $ $
Charges for Services
Interest Income
Disposition of Fixed Assets
Other Non-Revenues 1100000 6,639,494
Total Revenues $ 110,000 $ 6,639,494
EXPENDITURES
K-3 Basic $ $
4-8 Basic
Exceptional Student Program
Substitute Teachers
Instruct Media Services
School Administration 58,494
Pupil Transit Services
Operation of Plant 110,000 141,000
Child Care Supervision
Capital Outlay 6,000,000
Debt Service 440,000
Total Expenditures $ 110,000 $ 6,639,494
Revenues over(under) Expenditures $ $ (0)
Charter School Fund Budget
Page 1
CITY OF AVENTURA
This department is responsible for organization, operation and management of the City's
Charter Elementary School. By focusing on low student-teacher ratios, high academic
standards and parental participation, the school will provide a first class learning environment
for the City's children. The school operations are provided by contract with Charter Schools
USA.
Personnel Services
Operating Expenditures
Other Uses
Capital Outaly
Debt Service
Total
$0
110,000
$520494
147,000
$110,000 $
6,0000000
440,000
6,639,494
1""""':ttt'-"I;"'''''''''lilIi'''''''''''''''';O<'''j,I(t;;j);:'l:'"''''J!iO''''''D*";"'7""""",-."4;',r.l"""'",<;;rr-."""'-"""<""",,_,,,,,.''''....,_...'...,-.:';.';._'',~.,.,..,,'"''''.,.".,..,,'o.'-'_...'.'.r'."'."',..'.'._.''''.'.'''.".-........~p,O'':'.".'."i'.\,-~.~'i!;->~;;jf'ilII"""~'^," -"I,~~,~".' ~ I' r
,j~~1;~M!f;'n~~;ii{\it~~!*1*~~.'~4!)i~~;5~ttJ, '~.' ~,;;i:~'i;<,.,t!'ri,i:,~~~;, :i!;:~, ",Ea$QNN,e~/AlILOCAtTION'SUIVlMA!:'''t:iii'''i''~;'{l~~ .' .' :"': .,J~-t~:~w~~t~" .',.' - '_ J.' .'.;
..tf,+,~'"...,'.~"~~.fi~:2iW"'"..k,.f,tJ;iIi,~,((...'M1MD,~~;.ii'Ili"'".~,MR"'",,.....,..-....~....""'",.".".',".'4"",_""""'.w,"'"^."..,'1!1"_".."',,.-,,.".\'."""",-M.".....;~"',.,.....,,...'-,,_'""..--I;\:,,>~,~ .. .{..'<O:i~, _... "" '
Function Position TitlE 2001/02 2002103
7300 Principal 4 months 0 1
Assistant Principal 1.5 month 0 1
Site Coordinator 2.5 months 0 1
Administrative Assista 4 months 0 1
Receptionist 1 month 0 1
Registar/Compliance 2 months 0 1
Total 0 6
Charter School Department
Organization Chart
School Advisory
Board
Elementary School
Operations
Charter School Fund Budget
Page 2
CITY OF AVENTURA
_1g~~I~~m~~ii"JBii!~~~~~~~;t~:;%~1'ii':Z;~:f;9f1~J~I~,~~~~~r~~QQ'ff;fi~:~J!'l1~}fJ~(fa~~~_~tf.iil
REVENUE PROJECTIONS
2002103
State Shared Revenues:
335900 3344 District Discretionary Lottery Fund $ $
335910 3310 Florida Education Finance Program
335920 3336 Instructional Materials
335930 3375 Public School Technology
335940 3310 Supplementary Discretion Millage
3399 Grants
335950 3310 Safe Schools
335970 3310 District School Taxes
335980 3354 Transportation
335985 3310 ESE Guaranteed Allocation
335990 3376 Teacher Training Allocation
335995 3374 Supplemental Academic Instruction
335991 3391 Capital Outlay
Subtotal $ $
Charaes for Services:
347905 3489 After School Education
After School Programs
Subtotal $ $
Interest Income:
361030 3431 Interest Earnings
Misc. Revenues
Subtotal $ $
Disposition of Fixed Assets
364010 3780 Sale of Equipment $ $
Other Non-Revenues
3999000 3489 Beginning Surplus
3811001 3610 Transfer from General Fund 110,000 89,494
3842000 3712 Bond Proceeds 6,550,000
Subtotal 110,000 6,639,494
Total Revenues $ 110,000 $ 6,639,494
Charter School Fund Budget Page 3
CITY OF AVENTURA
CHARTER SCHOOL
2002103
BUDGETARY ACCOUNT SUMMARY
190-6001-669
K.3 Basic 5101
,,~NP1,]
Personnel Services
1220 120
1500 291
1501 291
2101 221
1502 291
1503 291
2301 231
2302 232
2401 241
Teacher
Supplements
Payment in lieu of benefits
Social Security- matching
Bonuses
Stipends
Health
Life Insurance
Workers compensation
subtotal
$0
o
o
o
o
o
o
o
o
o
$0
Operatina Expenditures/Expenses
4001 330 Travel/conferences/training
5290 590 Other Mat'l & Supply
5299 790 Miscellaneous Expense
5410 521 Memberships/dues/subscription
5411 520 Textbooks
subtotal
$0
o
o
o
o
o
$0
Total Function 5101
$0
$0
Charter School Fund Budget
Page 4
CITY OF AVENTURA
CHARTER SCHOOL
2002103
BUDGETARY ACCOUNT SUMMARY
190-6002-569
4-8 Basic 5102
1220 120 Teacher 0
1220 120 PfT Teacher 0
1500 291 Supplements 0
1501 291 Payment in lieu of benefits 0
2101 221 Social Security- matching 0
1502 291 Bonuses 0
1503 291 Stipends 0
2301 231 Health 0
2302 232 Life Insurance 0
2401 241 Workers compensation 0
subtotal $0 $0
Operatinq Expenditures/Expenses
4001 330 Travel/conferences/training 0
5290 590 Other Mat'l & Supply 0
5299 790 Miscellaneous Expense 0
5410 521 Memberships/dues/subscription 0
5411 520 Textbooks 0
subtotal $0 $0
Total Function 5102 $0 $0
Charter School Fund Budget
Page 5
CITY OF AVENTURA
CHARTER SCHOOL
2002103
BUDGETARY ACCOUNT SUMMARY
190-6003-569
Exceptual Student Program 5250
Personnel Services
1220 120
1230 160
1220 120
1240 150
2101 221
1502 291
1503 291
2302 232
2401 241
Teacher
PfT Clerk Spec I
PfT Teacher
PfT Teacher Assistant
Social Security- matching
Bonuses
Stipends
Life Insurance
Workers compensation
o
o
o
o
o
o
o
o
o
$0
subtotal
$0
Operatina Expenditures/Expenses
3190 310 Prof & Tech Services
5290 590 Other Mat'l & Supply
5299 790 Miscellaneous Expense
5410 520 Textbooks
Charter School Fund Budget
o
o
o
o
$0
subtotal
$0
Total Function 5250
$0
$0
Page 6
CITY OF AVENTURA
CHARTER SCHOOL
2002103
BUDGETARY ACCOUNT SUMMARY
190-6004-569
Substitute Teachers 5901
subtotal
$0
o
$0
Total Function 5901
$0
$0
Charter School Fund Budget
Page 7
CITY OF A VENTURA
CHARTER SCHOOL
2002103
BUDGETARY ACCOUNT SUMMARY
190-6005-569
Instruct Media Services 6200
subtotal
$0
o
$0
Total Function 6200
$0
$0
Charter School Fund Budget
Page 8
CITY OF AVENTURA
CHARTER SCHOOL
2002103
BUDGETARY ACCOUNT SUMMARY
190-6006-569
School Administration 7300
1230
1230
1230
1230
1250
1250
4041
2201
2101
1502
1503
2301
2302
2401
2501
160 Receptionist
160 Adminsitrative Assistant
160 Registar/Compliance/ESE
160 Site Coordinator
110 Vice Principal
110 Principal
201 Automobile allowance
211 Pension
221 Social Security- matching
291 Bonuses
291 Stipends
231 Health
232 Life Insurance
241 Workers compensation
251 Unemployment compensation
subtotal
1,574
7,951
4,286
6,663
5,293
19,890
$0
457
30493
o
o
2,589
92
206
20832
$52,494
Operatina Expenditures/Expenses
3190 310 Prof & Tech Services
4901 391 Legal/Employment Ads
5290 590 Other Mat'l & Supply
5144 644 Computer equipment < $750
5299 790 Miscellaneous Expense
5410 521 Memberships/dues/subscription
subtotal
o
5,000
1,000
o
o
o
$6,000
$0
Total Function 7300
$58,494
Charter School Fund Budget
Page 9
CITY OF AVENTURA
CHARTER SCHOOL
2002103
BUDGETARY ACCOUNT SUMMARY
190-6007-569
Pupil Transit Services 7800
H
,:;-f~.j":C,,:v
C crr
OperatinQ Expenditures/Expenses
3190 310 Prof & Tech Services
5299 790 Miscellaneous Expense
$0
o
o
$0
subtotal
Total Function 7800
$0
$0
Charter School Fund Budget
Page 10
CITY OF AVENTURA
CHARTER SCHOOL
2002103
BUDGETARY ACCOUNT SUMMARY
190-6008-569
Operation of Plant 7900
3201 312 Accounting & auditing fees 2,000
3147 316 School Advisory Consultant 10,000 10,000
3148 312 Planning/Management Fee CSUSA 100,000 100,000
4620 350 Contract- building maintenance 0
3431 310 Contract-Food Services 0
4101 370 Communications 0
4301 380 Pub Ut Svc Othr Energy Sv 0
4301 430 Electricity 0
4501 320 Insurance & Bond Premium 10000
4635 350 Repairs & Maintenance 0
5295 510 Cleaning/janitorial supplies 0
5290 590 Other Mat'l & Supply 28,000
subtotal $110,000 $141,000
Other Uses
9125 921 Lease Payments to Debt Service Fund 0
subtotal $0 $0
Total Function 7900 $110,000 $141,000
Charter School Fund Budget
Page 11
CITY OF AVENTURA
CHARTER SCHOOL
2002103
BUDGETARY ACCOUNT SUMMARY
190-6009-569
Child Care Supervision 9102
PfT Teacher Assistant
PfT After School Care
Social Security- matching
Life Insurance
Workers compensation
o
o
o
o
o
$0
subtotal
$0
OperatinQ Expenditures/Expenses
5290 590 Other Mat'l & Supply
Charter School Fund Budget
o
$0
subtotal
$0
Total Function 9102
$0
$0
Page 12
CITY OF A VENTURA
CHARTER SCHOOL
2002103
BUDGETARY ACCOUNT SUMMARY
190-6010-569
Capital Outlay 7400
Capital Outlav
6307
6401
6410
6401
631 Charter School Construction
692 Computer Software >750
640 Furniture, Fixture & Equipment
643 Computer Equipment >750
5,525,000
o
290,000
185,000
$6,000,000
subtotal
$0
Total Function 7400
$0
$6,000,000
Charter School Fund Budget
Page 13
CITY OF AVENTURA
CHARTER SCHOOL
2002103
BUDGETARY ACCOUNT SUMMARY
190-6011-569
Debt Service 9200
Debt Service
7130
7230
711
712
Principle
Interest
subtotal
$0
$0
440,000
$440,000
$440,000
Total Function 9200
Charter School Fund Budget
Page 14
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, City Manager
DATE: May 16, 2002
SUBJECT: Resolution Adopting in Principle the Capital Improvement Program
Document 2002103 to 2006/2007
June 4, 2002 City Commission Meeting Agenda Item l4
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution adopting, in
principle, subject to annual revision and authorization, the Capital Improvement
Program for 2002103 to 2006/07.
BACKGROUND
The 2002/03 to 2006/07 Capital Improvement Program document represents the fifth
update of the CIP that was originally prepared for the five-year cycle of 1997 to 2002,
The document was reviewed at the May Commission Workshop Meeting.
If you have any questions, please feel free to contact meo
EMS/aea
Attachment
CC0979-01
RESOLUTION NO. 2002-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, ACCEPTING AND
ADOPTING IN PRINCIPLE, SUBJECT TO ANNUAL
REVISION AND AUTHORIZATION, THE CITY OF
AVENTURA CAPITAL IMPROVEMENT PROGRAM
DOCUMENT FOR FISCAL YEAR 2002/03 TO 2006/07
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Capital Improvement Program document for fiscal years
2002/03 to 2006/07, attached hereto was presented and recommended to the City
Commission of the City of Aventura by the City Manager as a long term plan of
proposed capital expenditures, the means and methods of financing the projects and
an action plan for the implementation of the projects; and
WHEREAS, the City Commission recognizes the need to adopt a Capital
Improvement Program to address Beautification and Parks, Roads, Drainage and
Infrastructure Improvements, Public Buildings and Facilities, Information Technology
and Capital Equipment Purchase and Replacement which represents a commitment by
the community toward achievement and maintenance of a desirable high quality of life
for all residents; and
WHEREAS, the City Commission recognizes the need to formulate a Capital
Improvement Program which adopts a sound financing plan that includes both pay-as-
you-go and financing,
Resolution No, 2002-_
Page 2
WHEREAS, the City Commission has reviewed the Capital Improvement
Program document at a public meeting of the City Commission and wishes to adopt
said document in concept.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby accepts and adopts in principle,
subject to annual revisions and authorization, the City of Aventura Capital Improvement
Program document for fiscal years 2002/03 to 2006/07 attached hereto and
incorporated herein as specifically as if set at length herein,
Section 2. The City Manager be and the same is hereby authorized to do all
things necessary and expedient in order to carry out the aims of this Resolutiono
Section 3. This Resolution shall take effect immediately upon adoptiono
The foregoing Resolution was offered by Commissioner
, who moved
its adoptiono The motion was seconded by Commissioner
, upon
being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey Mo Perlow
Resolution Noo 2002-_
Page 3
PASSED AND ADOPTED this 4th day of June, 20020
JEFFREY Mo PERLOW, MAYOR
ATTEST:
TERESA M, SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
L4ay-30-2002 IZ: ZI
FrOl"LEI8OIITl . ASSOC,
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May 30. 2002
VIA FACSIMILE 305-466-8919
Mro Eric Soroka
City Manager
City of A ventura
19200 W. Country Club Drive
Aventura, FL 33180
RE: Cable Franchises/Chan~e of Control Annlication
Dear Mro Soroka:
This is to provide a summary of the cunent status of the applications pending before the City
for approval of the Change of Control of the twO cable television franchises serving the City of
A ventura from AT&T Broadband to AT&T ComC8SL
AT&T Broadband submitted an FCC 394 application on March 8,2002. Pursuant to federal
law, the City must take action to approve or deny the application within 120 days of receipt or the
application shall be deemed automatically approved by operation oflawo The City has offered to the
applicant the opportunity to extend the 120-day time period so as to provide time to sente any
unresolved issues; however, the company has chosen not to request an extension, Thus, the City of
Aventura is required to take action at the Commission meeting scheduled for June 4, 2002,
As of this date. the applicant has failed to provide to the City executed "Acceptance
documents in a fonn required by the Cityo" If the City is in receipt of said documents priOrlO the
Commission meeting. the Law Finn would recommend consideration of the approval ofthe Change
of Control.
Specific issues to be considered by the staff and the Commission with respect to the approval
of dle Change of Comrol of the cable franchises include, but are not limited to those listed below:
), Transferees assumption and guarantee of all Obligations and liabilities of the two
franchises;
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Letter to Mr. Eric Soroka
May 30, 2002
Page 2
2. Submission by the franchisees of a plan to cure pending violations including, but not
limited to (a) customer service policies and procedures, and (b) compliance with
''most-favored nations" obligations in the franchise originally granted to Comcast.
Per our discussion. I will plan to attend tht Commission meeting scheduled for June 4, 2002,
at 6:00 p.m. at which time I will be prepared to provide a report to the Commission on the status of
the Change of Control proceedingso
Please do not hesitate to call should you have any questions or require additional infonnation.
Sincerely,
JlJ. J~~
Ila L. Feld '1
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May 29, 2002
VLf FACSIMILE JO.i-858-3481
Mr. Thomas E. Carlock .
Vice President, Franchising & Government Affairs
AT&T Broadband
188 Inverness Drive West, Suite 600
Englewood, co 80112
R.E: CitY of Aventura. Florida
Dear Mr. Carlock:
As yOU are aware, on May 13.2002, the Law Finn provided to yOu a draft Acceptance of the tenns
of approval of rhe Change of Control of Ihe cable franchises from AT&T Broadband to AT&T Comcasl,
We then reviewed your mark-up of the document during our tetephone conference call of May 21,2002, ar
which time we advised you that we required receipt of. redraft nO later than May 22, 2002 in order 10
comply with municipal deadlineso Further, we advised you that in the allernative the company could request
an eKtension of rhe 120 day automatic approval periodo As of today , we have received neither a redraft of
the Acceptance or a request for an extension of the 120 day rime period,
The City of Aventura, Florida is scheduled 10 consider the request for consent ro approval ofrhe
Change of Control of the two franchises wirh the City controlled by AT&T Broadband at the meeting
scheduled for Tuesday. June 4, 2002. In order for staff to recommend approval of the application, the City
will require receipt of Exhibit A executed in the fonn attached hereto as well as an agreed upon Exhibit B
prior 10 the meering,
At. we have previously advised you, please be reminded tharthe request for change of control of each
of the two franchises will be considered by the Commission as separate maner>o Accordingly, two separate
sets of documents are attached.
Please do not hesirate to caU should you have any questions with respect to this maner
Sincerely,
~ 9-..t.LIL
lIa L. Feld VfV1f
ce: Mr. Eric Mo Soroka (viafae.lmilt J05-466-89/9)
M.o Ellen Filipiak (viafacsimi/. 954-533-5/28)
Mso Susan Sisno (viafacsimi/t 954-533-5/28)
Q;IC"'N\200I,^T.T<~GIo\"'''C1I~Llr..,c:~I'ltlalLoAcctl'_I)n(I..plI
RESOLUTION NO. 2002-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, APPROVING THE
CHANGE OF CONTROL OF THE TCI TKR OF SOUTH
FLORIDA CABLE TELEVISION FRANCHISE TO AT&T-
COMCAST; PROVIDING AN EFFECTIVE DATE.
WHEREAS, on March 8, 2002, the City of Aventura, Florida received an FCC
394 and an application for City consent by the City Commission to the proposed change
of control of the cable television franchises from AT&T Corporation and AT&T
Broadband, LLC to AT&T Comcast Corporationo
WHEREAS, pursuant to Ordinance Noo 97-20 as amended by noo 98-11 of the
City of Aventura and the TCI-TKR of South Florida, Inco, Franchise Agreement and
agreements related thereto, no such change of control may occur without prior
approval of the City Commission of the City of Aventura, Florida; and
WHEREAS, the City has required that the applicant fulfill its obligations pursuant
to the Cable Ordinance and Cable Television Franchise and provide information on the
proposed transaction including details on the legal, financial, technical and other
qualifications of the transferee and on the potential impact of the transfer on service;
and
WHEREAS, under FCC Rules, 47 CFR Section 760502, the City has 120 days
plus any extensions thereto from the date of submission of a completed FCC Form 394,
together with all Exhibits, and any additional information required by the franchise
agreement or applicable state or local law, to act upon an application to sell, assign, or
otherwise transfer controlling ownership of a cable system; and
Resolution Noo 2002-_
Page 2
WHEREAS, AT&T Broadband has represented to the City that it has taken all
actions and implemented all practices necessary to insure that TCI-TKR of South
Florida, Inco, the Franchisee is, unless otherwise noticed, in compliance with all
provisions of the Ordinance and Franchise Agreement; and
WHEREAS, the City has noticed Franchisee AT&T Broadband of all known
material outstanding violations and Franchisee has cured or agreed to cure in a manner
approved by the City Manager those violations and has paid or agreed to pay to the City
all underpayments and costs known to have been incurred as a result of such non-
compliance; and
WHEREAS, the City has required written acceptance from Franchisee and
acceptance by A T& T Comcast of the terms and conditions of this Resolution by affidavit
as a condition precedent to adoption of this Resolution (affidavit attached hereto as
Exhibit A); and
WHEREAS, in the event the proposed transaction between AT&T Corporation
and AT&T Broadband and Comcast Corporation is not consummated within one
hundred twenty (120) days of the date hereof or does not reach final closure for any
reason, or in the event such closure is reached on terms substantially or materially
different to the terms described in the FCC Form 394 and exhibits thereto, the approval
granted in this Resolution shall be null and voido
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
2
Resolution Noo 2002-_
Page 3
Section 10 The foregoing recitals are approved and incorporated herein by
referenceo
Section 20 To the extent required, the City of Aventura, Florida, hereby
consents to the change in ultimate control of the TCI-TKR of South Florida, Inco, Cable
Television Franchise from AT&T Broadband to AT&T Comcast.
Section 30 That the consent granted herein does not constitute and should not
be construed to constitute a waiver or release of any obligations of the Franchisee
under the Cable Television Ordinance and the Cable Television Franchise Agreement
and amendments and agreements related theretoo
Section 40 That the consent granted herein does not and should not be
construed to constitute a waiver of any right of the City or Franchisee under applicable
law including but not limited to the Ordinance or the Cable Television Franchise; and
further, this consent shall not prejudice the City's rights with respect to the enforcement,
renewal or transfer of the current cable television franchise and any amendments or
agreements related theretoo
Section 50 That the consent herein granted is conditioned upon (a)
Franchisee's assurances set forth in its affidavit submitted to the City on
and attached hereto as Exhibit A; (b) Franchisee assurances
as set forth in Exhibit B attached hereto; and (c) payment to the City no later than July
3, 2002, for all costs incurred by the City related to the evaluation of the transfer
application and the transfer process including, but not limited to, consulting fees and
3
Resolution Noo 2002-_
Page 4
legal feeso
Section 60 That this Resolution shall have the force and effect of continuing
the Agreement between the Franchisee and the City, the Franchise Authority to the
extent consistent with Ordinance Noo 97-20 as amended and the TCI-TKR of South
Florida, Inco, Franchise Agreement and all agreements related thereto including, but not
limited to Exhibit A and B attached hereto 0
Section 70 That the City hereby reserves all of its rights pursuant to Federal
and local law including, but not limited to the rights in (a) the franchise renewal process
including, but not limited to, the right to consider violations of the franchise by the
current franchisee; (b) the franchise transfer process including, but not limited to, the
right to act upon any application to sell, assign or otherwise transfer any interest in the
franchisee or the cable system; and (c) the enforcement of the current Cable Television
Ordinance and amendments thereto and the current cable television Franchise and
amendments thereto, and all agreements and assurances attached heretoo
Section 80 That the consent herein granted expressly does not waive and
expressly reserves to the City of Aventura its rights to fully exercise all applicable legal
rights and authority with regard to TCI-TKR of South Florida, Inco, AT&T Broadband and
AT&T Comcast and their affiliates, parent or subsidiaries in connection with any use of
the City's rights of way not authorized by the City including, but not limited to levying
fines or instituting litigation for trespass and ejectment.
Section 90 That the consent herein granted is an express non-waiver and
4
Resolution No, 2002-_
Page 5
reservation of the City's rights and authority against TCI-TKR of South Florida, Inco,
A T& T Broadband and A T& T Comcast for any franchise violations that may exist
including, but not limited to those in connection with any unauthorized use of AT&T
Broadband or AT&T Comcast's facilities or facilities by any entity in any way affiliated
with a company in which AT&T Broadband or AT&T Comcast's, its affiliates, parent or
subsidiary has an interest.
Section 100 That the consent granted herein is subject to the transferor's and
transferee's compliance with all other applicable legal requirements and the City does
not waive and expressly reserves the right to enforce full compliance with its ordinance
and franchise requirements, whether or not any non-compliance that may be
determined arose before or after the transfer of control from AT&T Broadband to AT&T
Comcast.
Section 11, That this Resolution shall become effective upon the date of its
adoption hereino
The foregoing Resolution was offered by Commissioner
, who moved
its adoptiono The motion was seconded by Commissioner
, upon
being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey Mo Perlow
5
Resolution No, 2002-_
Page 6
PASSED AND ADOPTED this 4th day of June, 20020
JEFFREY M, PERLOW, MAYOR
ATTEST:
TERESA Mo SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
6
EXHIBIT A
UNCONDITIONAL ACCEPTANCE OF TERMS OF
RESOLUTION NO. 2002-_
BEFORE ME, appeared the undersigned authority who being duly sworn upon his oath
deposes and states that:
1. The Affiants are, respectively, the Senior Vice President of AT&T Broadband,
LLC and the person authorized to execute this document on behalf of TCI TKR of South Florida,
Inco
(the
"Franchisee")
and
the
of AT&T Comcast Corporation ("AT&T Comcast"), and the
person authorized to execute this document on behalf of AT&T Comcast, the transferee for the
Change of Control of the Franchisee, as claimed by AT&T Broadband as set forth on the FCC
Form 394 received by the City on March 8, 2002 (the "Change of Control"),
20 The Affiants are submitting this affidavit as a condition precedent to the approval
of the application for Change of Control of the Franchise from AT&T Corporation and AT&T
Broadband, LLC (collectively "AT&T") to AT&T Comcast Corporation.
30 The Franchisee is submitting this Affidavit as an unconditional affirmation that
after the Closing of the Change of Control, the Franchisee will continue to be bound by and shall
assume all the lawful terms and conditions of Cable Television Ordinance No. 97-20 as amended
by Noo 98-11 of the City of Aventura, Florida (the "City"), and amendments thereto (the
"Ordinance"), the current Cable Television Franchise between the Franchisee and the City
granted by Ordinance Noo 99-03 and amendments and agreements related thereto (the
"Franchise"), and the Resolution of the City Commission approving the Change of Control of the
Franchisee from AT&T to AT&T Comcast.
4. AT&T Comcast hereby attests and acknowledges that the Change of Control will
not affect, diminish, impair or supercede the binding nature of the existing valid ordinances,
resolutions and agreements applicable to operation of the cable system in the City, including but
not limited to the Ordinance, the Franchise and any guarantees existing or provided thereino
5, Affiant hereby acknowledges that the City has placed Franchisee on notice that it
is not in compliance with certain of its existing obligations under the Ordinance and Franchise
Agreement including but not limited to the items listed below, Franchisee now hereby certifies
that it is in compliance or a plan to cure any non-compliance has been submitted to and approved
by the City Manager, a copy of which is attached hereto as Exhibit Bo Any failure to maintain
compliance during the term of the franchise shall result in Franchisee being subject to liquidated
damages as provided for in the Ordinance, the Franchise AgreeqIent and this Acceptance,
(a) On or about December 21, 2001, AT&T Broadband issued to subscribers a
"Notice of Policies and Procedures" ("Notice") informing subscribers of the company's
customer service policies and dispute resolution procedures, The City of Aventura Ordinance
Noo 98-11 at Section l8(k) and the Franchise Agreement requires the Franchisee to submit any
such policies and procedures to the City Manager for approval. The Franchisee failed to do sOo
Moreover, the Notice includes policies and procedures in direct conflict with certain terms and
conditions of the Ordinance and Franchise Agreement. Thus, the "Notice" is void ab initio,
Accordingly, Franchisee is subject to and hereby agrees to pay to the City liquidated damages in
the amount of One Hundred Dollars ($100,00) per day per subscriber from the date of issuance
of the Notice to the date on which subscribers receive a notice of retraction of the Notice as
approved by the City Manager. Franchisee hereby agrees that said retraction, as approved by the
City, shall be issued no later than sixty (60) days after the date hereof, Franchisee further agrees
that effective with the sixty-first (6Ist) day after the date hereof, Franchisee shall pay to the City
liquidated damages in the amount of Two Hundred Dollars ($200000) per day per subscriber for
each day until said retraction is issuedo
(b) It is hereby further acknowledged that the "Notice of Policies and
Procedures" may be the subject of legal action, administrative inquiry or industry negotiation by
parties other than the City, including but not limited to the Attorney General of the State of
Florida, In the event that any such action has the effect, whether through judicial decision,
administrative action, settlement, agreement or practice of providing by a cable operator under
the control of AT&T Comcast any benefits to a community or subscribers, such benefits shall
automatically and without delay be made available to the City and subscribers within the City
with notice of same provided to the City Manager.
60 Franchisee shall cooperate in any franchise compliance inquiry including, but not
limited to an audit of customer service performance and call center records and financial and
technical audits. AT&T Comcast agrees that the records ofthe Franchisee, which are required to
be maintained and are subject to inspection by the City pursuant to the Ordinance and Franchise,
shall be subject to inspection regardless of whether such records are maintained by Franchisee or
AT&T Comcas!.
70 Franchisee agrees that the City does not waive any right to require compliance
with the Franchise by Franchisee whether or not any noncompliance is the subject of this
Acceptance or Exhibit B and Franchisee hereby assumes responsibility for any and all non-
compliance under the current Franchise and the Ordinance or amendments or agreements related
thereto even if such noncompliance is alleged to have occurred prior to the closing of the Change
of Control.
8, Franchisee shall make payments for such costs and fees of the City related to the
Change of Control as are required pursuant to the terms of the Franchise and the Ordinance and
other amendments or agreements related thereto,
9, This Exhibit A may be signed in counterpartso
FURTHER AFFIANT SA YETH NAUGHT,
TCI TKR OF SOUTH FLORIDA, INC.
By:
Name:
Title:
AT&T COMCAST CORPORATION
By:
Name:
Title:
STATE OF FLORIDA )
) ss:
COUNTY OF )
BEFORE ME, the undersigned authority. personally appeared ,
who is known to me personally (or provided proof of identification) and upon being first duly sworn
acknowledged that he/she executed the foregoing document freely and voluntarily and for the purpose
therein expressed,
WITNESS my hand and official seal in the County and State last aforesaid this _ day of
,2002,
NOTARY PUBLIC
My Commission expires:
Maw-3D-ZOD2 IZ:Z1
Froo-lEIBOWITZ , ASSOC.
+3055309(17
T-692 P.00I/002 F-262
9-c.
LEIBOWITZ & ASSOCIATES. P.A.
..IOSEPM..... 8ELISU:
ILA I.. F'~LD
MATTHItW L. l.EllSOWITZ
CHeRYl.. .WACK
8lJITIlI"&O
SUNTRU5T INTERNATIONAL CENTER
ONI: SOUTHEAST T"'II'IO A"IU'4U~
MIAMI, f'LOAlPA '>>~1~1-I715
TEu:P....ON~ (3108) B30e1322
T~LItCOPII:R 1306. 630. 11M. 7'
I.-MAIL FlmObroadlaw,com
May 30. 2002
VIA FACSIMILE 305-466-8919
Mro Eric Soroka
City Manager
City of A ventura
19200 W. Country Club Drive
A ventura, FL 33180
RE: Cable FranchiseslChanlle of Control ApDlication
Dear Mro Soroka:
This is to provide a sununa:ry of the current status of the applications pending before the City
for approval of the: Change of Control of the twO cable television franchises serving the City of
Avc:ntura from AT&T Broadband to AT&T Comcast.
AT&T Broadband submit-red an FCC 394 application on March 8, 2002. Pursuant to federal
law, the City must take action to approve or deny the application within 120 days of receipt or the
application shall be deealed automatically approved by operation oflaw. The City has offered to the
applicant the opportunity to extend the 120-day time period so as to provide time to settle any
unresolved issues; however, the company has chosen not to request an extension, Thus, the City of
Aventura is required to take action at the Commission meeting scheduled for June 4,20020
As of this date, the applicant has failed to provide to the City executed "Acceptance
documents in a fonn required by the City." If the City is in receipt of said documents prior to the
Commission meeting. the Law Finn would recommend consideration of the approval ofthe Chan~e
of Control.
Specific issues to be considered by the staff and the Commission with respect to the approval
of the Change of ContrOl of the: cable franchises include, but are not limited to those listed below:
1, Transferees assumption and guarantee of all obligations and liabilities of the two
franchises;
O:..cabk\2002\A.T.ll..cOMt$A\AvfltIIn\I.G'S\SonlkJ..&a~lIlnmI1')I.D5]O.wpd
~1-30-2002 12:21
From-LEIBOWITZ' ASSOC,
+305530941 T
r-692 P002/002 F-262
Letter to Mr, Eric Soroka
May 30, 2002
Page 2
2. Submission by the franchisees oia plan to cure pending violations including, burnot
limited to (a) customer service policies and procedures. and (b) compliance with
"most-favored nations" obligations in the franchise originally granted to Corneas!.
Per our discussion.l will plan to attend the Commission meeting scheduled for June 4. 2002.
at 6:00 p.m. at which time I will be prepared to provide a report to the Commission on the status of
the Change of Conrrol proceedings.
Please do not hesitate to caU should you have any questions or require additional information,
Sincerely.
~1~~
O:\C.blC\l:OOl\A.TaT<onKMMVtnnn......lfJ\:IofOkaOOSlalldSlIIlJIllU)I,O'10,w1)d
LarBO'WITZ Be AsSOCIATES, P.A.
aUITI: 1".0, DNE SOUTMr.A5'T THlfu:a Av&NUE. "'IAMI, "LO"IPA .a.:)I;aI-1716 . 'YEL'E~~ONE (.305) 530.132.1
Mar-la-lOOl II:Ol
FrOl"LE/BOWITl , ASSOC,
+3055308417
r-ST6 POOI/Oll F-251
LEI:aOWITZ & ASSOClAT1l:S, P.A.
.I0a"'H .... .nlSL.C
IL."~. 'ELC)
MAThlCW I.. \.oCl.OWln
CHERYL "WACK
8UtTE I.ao
SUHTRU$' INTEANATIOfllAL. CENTE"
ONe SOUTH~ Tl'IlRg AVeNUE
""I......." "LORia... >>131-1'115
TELf:I"HOfrrlE (30s1 ')O.1~22:
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(,pMAIL Fim~.ccm
May 29, 2002
VL4 FACSIMILE JOj-llSB-3481
Mr. Thoma~ E. Carlock
Vice President, Franchising & Government Affairs
AT&T Broadband
188 Invcrness Drive West, Suite 600
Englewood, CO 80112
RE: City of AvenNra. Florida
Dear Mr. Cartock:
As you are aware. on May 13.2002, tbe Law Finn provided to you a draft Acceptance of tile tenns
ofapprovat ofthe Change of Control of the cable franchises from AT&T Broadband to AT&T Comcast.
Wc then reviewed your mark-up of the document during our telephone conference call of May 21,2002, at
which time we advised you tIIat we required receipt of a redraft no later than May 22, 2002 in order to
comply with municipal deadlines, Funher, we advised you that In the atternative the company could request
an eKtension of the I 20 day automatic approval period. As of today, we have received neither a redraft of
the Acceptance or a request for an extension of the t20 day time period.
The City of Aventu.... Florida is scheduled to consider the requcst for consent to approval oCthe
Change of Control of the two franchises with the City controlled by AT&T Broadband at the meering
scheduled for Tuesday. June 4, 2002. In orderfor staff to recommend approval of the application, the City
will require receipt of Exhibit A execllled in the fonn a!lached hercto as well as an agreed upon Exhibit B
prior to the meeting.
A~ we have previously advised you, please be reminded that the request for change of control of each
oftbe two fnlnchises will be considered by the Commission as separate maners. Accordingty, twO separate
!leis of documents are attached.
Please do not besitate to call should you have any questions with respect to this matter
Sincerely,
~ 9-LUL
lIa L. Feld V/YIf
cc: Mr. Eric M. Soroka (viafacrimi/t J05-466-89/9)
Ms. Ellen Filipiak (viafacsimil. 954-5J3-5/28)
Ms. Susan Blomo (viufacsimilt 954.5JJ-5/28)
a;..cibM\2OOl'^T.TOClIIII.I\A'"".......L;rIl'-C~ACt.,-.OiQI__".
RESOLUTION NO. 2002-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, APPROVING THE
CHANGE OF CONTROL OF THE COMCAST
CABLEVISION OF HALLANDALE, INC., CABLE
TELEVISION FRANCHISE TO AT&T COM CAST
CORPORATION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on March 8, 2002, the City of Aventura, Florida, received an FCC
394 and an application for City consent by the City Commission to the proposed change
of control of the cable television franchises from AT&T Corporation and AT&T
Broadband, LLC to AT&T Comcast Corporation.
WHEREAS, pursuant to Ordinance No. 97-20 as amended by No. 98-11 of the
City of Aventura and the Comcast Cablevision of Hallandale, Inc., Franchise
Agreement, no such change of control may occur without prior approval of the City
Commission of the City of Aventura, Florida; and
WHEREAS, the City has required that the applicant fulfill its obligations pursuant
to the Cable Ordinance and Cable Television Franchise and provide information on the
proposed transaction including details on the legal, financial, technical and other
qualifications of the transferee and on the potential impact of the transfer on service;
and
WHEREAS, under FCC Rules, 47 CFR Section 76.502, the City has 120 days
plus any extensions thereto from the date of submission of a completed FCC Form 394,
together with all Exhibits, and any additional information required by the franchise
agreement or applicable state or local law, to act upon an application to sell, assign, or
otherwise transfer controlling ownership of a cable system; and
Resolution 2002-_
Page 2
WHEREAS, AT&T Broadband has represented to the City that it has taken all
actions and implemented all practices necessary to insure that the Franchisee is, unless
otherwise noticed, in compliance with all provisions of the Ordinance and Franchise
Agreement; and
WHEREAS, the City has noticed Franchisee and AT&T Broadband of all known
material outstanding violations and Franchisee has cured or agreed to cure in a manner
approved by the City Manager those violations and has paid or agreed to pay to the City
all underpayments and costs known to have been incurred as a result of such non-
compliance; and
WHEREAS, the City has required written acceptance from Franchisee and
acceptance by AT&T Comcast of the terms and conditions of this Resolution by affidavit
as a condition precedent to adoption of this Resolution (affidavit attached hereto as
Exhibit A); and
WHEREAS, in the event the proposed transaction between AT&T Corporation
and AT&T Broadband and Comcast Corporation is not consummated within one
hundred twenty (120) days of the date hereof or does not reach final closure for any
reason, or in the event such closure is reached on terms substantially or materially
different to the terms described in the FCC Form 394 and exhibits thereto, the approval
granted in this Resolution shall be null and void.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
2
Resolution 2002-_
Page 3
Section 1. The foregoing recitals are approved and incorporated herein by
reference.
Section 2. To the extent required, the City of Aventura, Florida, hereby
consents to the change in ultimate control of the Comcast Cablevision of Hallandale,
Inc., Cable Television Franchise from AT&T Broadband to AT&T Comcast.
Section 3. That the consent granted herein does not constitute and should not
be construed to constitute a waiver or release of any obligations of the Franchisee
under the Cable Television Ordinance and the Cable Television Franchise Agreement
and amendments and agreements related thereto.
Section 4. That the consent granted herein does not and should not be
construed to constitute a waiver of any right of the City or Franchisee under applicable
law including but not limited to the Ordinance or the Cable Television Franchise; and
further, this consent shall not prejudice the City's rights with respect to the enforcement,
renewal or transfer of the current cable television franchise and any amendments or
agreements related thereto.
Section 5. That the consent herein granted is conditioned upon (a)
Franchisee's assurances set forth in its affidavit submitted to the City on
and attached hereto as Exhibit A; (b) Franchisee assurances
as set forth in Exhibit B attached hereto; and (c) payment to the City no later than July
3, 2002, of cost recovery for all costs incurred by the City related to the evaluation of the
transfer application and the transfer process including, but not limited to, consulting fees
3
Resolution 2002-_
Page 4
and legal fees.
Section 6. That this Resolution shall have the force and effect of continuing
the Agreement between the Franchisee and the City, the Franchise Authority to the
extent consistent with Ordinance No. 97-20 as amended and the Comcast Cablevision
of Hallandale, Inc., Franchise Agreement and all agreements related thereto including,
but not limited to Exhibit A and B attached hereto.
Section 7. That the City hereby reserves all of its rights pursuant to Federal
and local law including, but not limited to the rights in (a) the franchise renewal process
including, but not limited to, the right to consider violations of the franchise by the
current franchisee; (b) the franchise transfer process including, but not limited to, the
right to act upon any application to sell, assign or otherwise transfer any interest in the
franchisee or the cable system; and (c) the enforcement of the current Cable Television
Ordinance and amendments thereto and the current cable television Franchise and
amendments thereto, and all agreements and assurances attached hereto.
Section 8. That the consent herein granted expressly does not waive and
expressly reserves to the City of Aventura its rights to fully exercise all applicable legal
rights and authority with regard to Comcast Cablevision of Hallandale, Inc., AT&T
Broadband and AT&T Comcast and their affiliates, parent or subsidiaries in connection
with any use of the City's rights of way not authorized by the City including, but not
limited to levying fines or instituting litigation for trespass and ejectment.
Section 9. That the consent herein granted is an express non-waiver and
4
Resolution 2002-_
Page 5
reservation of the City's rights and authority against Comcast Cablevision of Hallandale,
Inc., AT&T Broadband and AT&T Comcast for any franchise violations that may exist
including, but not limited to those in connection with any unauthorized use of AT&T
Broadband or AT&T Comcast's facilities or facilities by any entity in any way affiliated
with a company in which AT&T Broadband or AT&T Comcast's, its affiliates, parent or
subsidiary has an interest.
Section 10. That the consent granted herein is subject to the transferor's and
transferee's compliance with all other applicable legal requirements and the City does
not waive and expressly reserves the right to enforce full compliance with its ordinance
and franchise requirements, whether or not any non-compliance that may be
determined arose before or after the transfer of control from AT&T Broadband to AT&T
Comcast.
Section 11. That this Resolution shall become effective upon the date of its
adoption herein.
The foregoing Resolution was offered by Commissioner
its adoption. The motion was seconded by Commissioner
being put to a vote, the vote was as follows:
, who moved
, upon
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
5
Resolution 2002-_
Page 6
PASSED AND ADOPTED this 4th day of June, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
6
EXHIBIT A
UNCONDITIONAL ACCEPTANCE OF TERMS OF
RESOLUTION NO. 2002-
BEFORE ME, appeared the undersigned authority who being duly sworn upon his oath
deposes and states that:
1. The Affiants are, respectively, the Senior Vice President of AT&T Broadband,
LLC and the person authorized to execute this document on behalf of Comcast Cablevision of
Hallandale, Inc. (the "Franchisee") and
the
of AT&T Comcast Corporation ("AT&T Comcast"), and the
person authorized to execute this document on behalf of AT&T Comcast, the transferee for the
Change of Control of the Franchisee, as claimed by AT&T Broadband as set forth on the FCC
Form 394 received by the City on March 8, 2002 (the "Change of Control").
2. The Affiants are submitting this affidavit as a condition precedent to the approval
of the application for Change of Control of the Franchise from AT&T Corporation and AT&T
Broadband, LLC (collectively "AT&T") to AT&T Comcast Corporation.
3. The Franchisee is submitting this Affidavit as an unconditional affirmation that
after the Closing of the Change of Control, the Franchisee will continue to be bound by and shall
assume all the lawful terms and conditions of Cable Television Ordinance No. 97-20 as amended
by No. 98-11 of the City of Aventura, Florida (the "City"), and amendments thereto (the
"Ordinance"), the current Cable Television Franchise between the Franchisee and the City and
amendments and agreements related thereto (the "Franchise"), and the Resolution of the City
Commission approving the Change of Control ofthe Franchisee from AT&T to AT&T Comcast.
4. AT&T Comcast hereby attests and acknowledges that the Change of Control will
I
not affect, diminish, impair or supercede the binding nature of the existing valid ordinances,
resolutions and agreements applicable to operation of the cable system in the City, including but
not limited to the Ordinance, the Franchise and any guarantees existing or provided therein.
5. Affiant hereby acknowledges that the City has placed Franchisee on notice that it
is not in compliance with certain of its existing obligations under the Ordinance and Franchise
Agreement including but not limited to the items listed below. Franchisee now hereby certifies
that it is in compliance or a plan to cure any non-compliance has been submitted to and approved
by the City Manager, a copy of which is attached hereto as Exhibit B. Any failure to maintain
compliance during the term of the franchise shall result in Franchisee being subject to liquidated
damages as provided for in the Ordinance, the Franchise Agreement and this Acceptance.
(a) On or about December 21,2001, AT&T Broadband issued to subscribers a
"Notice of Policies and Procedures" ("Notice") informing subscribers of the company's
customer service policies and dispute resolution procedures. The City of Aventura Ordinance
No. 98-11 at Section 18(k) and the Franchise Agreement requires the Franchisee to submit any
such policies and procedures to the City Manager for approval. The Franchisee failed to do so.
Moreover, the Notice includes policies and procedures in direct conflict with certain terms and
conditions of the Ordinance and Franchise Agreement. Thus, the "Notice" is void ab initio.
Accordingly, Franchisee is subject to and hereby agrees to pay to the City liquidated damages in
the amount of One Hundred Dollars ($100.00) per day per subscriber from the date of issuance
of the Notice to the date on which subscribers receive a notice of retraction of the Notice as
approved by the City Manager. Franchisee hereby agrees that said retraction, as approved by the
City, shall be issued no later than sixty (60) days after the date hereof. Franchisee further agrees
2
that effective with the sixty-first (61 st) day after the date hereof, Franchisee shall pay to the City
liquidated damages in the amount of Two Hundred Dollars ($200.00) per day per subscriber for
each day until said retraction is issued.
(b) It is hereby further acknowledged that the "Notice of Policies and
Procedures" may be the subject of legal action, administrative inquiry or industry negotiation by
parties other than the City, including but not limited to the Attorney General of the State of
Florida. In the event that any such action has the effect, whether through judicial decision,
administrative action, settlement, agreement or practice of providing by a cable operator under
the control of AT&T Comcast any benefits to a community or subscribers, such benefits shall
automatically and without delay be made available to the City and subscribers within the City
with notice of same provided to the City Manager.
(c) Section 13(A) of the franchise states "Thus, the Franchisee hereby agrees
to provide the City and its subscribers, during the term of this agreement, with at minimum,
comparable technology, products, services and benefits which are provided by the Franchisee to
any other community served from the same headend as the city, and within six (6) months any
technology, products, services and benefits which are provided by the Franchisee to the City and
the subscribers in Fort Lauderdale." There is no limitation that such technology, products,
services and benefits be provided pursuant to a franchise agreement. Thus, Franchisee hereby
agrees to provide to the City of A ventura, pursuant to Exhibit B attached hereto and incorporated
herein, technology, products, services and benefits as are provided to the City of Fort Lauderdale
including but not limited to Biannual Technology Reviews, High Speed Access to all subscribers
no later than the earlier of December 31, 2004 or six months after such service is available in
3
Fort Lauderdale, an offer of services, facilities or financial grant equivalent to the I-Net to be
provided to Fort Lauderdale and incremental advertising support to allow the City to provide
notice to all subscribers of different government channel numbers on the AT&T controlled
systems serving the City.
6. Franchisee shall cooperate in any franchise compliance inquiry including, but not
limited to an audit of customer service performance and call center records and financial and
technical audits. AT&T Comcast agrees that the records of the Franchisee, which are required to
be maintained and are subject to inspection by the City pursuant to the Ordinance and Franchise,
shall be subject to inspection regardless of whether such records are maintained by Franchisee or
AT&T Comcast.
7. Franchisee agrees that the City does not waive any right to require compliance
with the Franchise by Franchisee whether or not any noncompliance is the subject of this
Acceptance or Exhibit B and Franchisee hereby assumes responsibility for any and all non-
compliance under the current Franchise and the Ordinance or amendments or agreements related
thereto even if such noncompliance is alleged to have occurred prior to the closing of the Change
of Control.
8. Franchisee shall make payments for such costs and fees of the City related to the
Change of Control as are required pursuant to the terms of the Franchise and the Ordinance and
other amendments or agreements related thereto.
9. This Exhibit A may be signed in counterparts.
4
FURTHER AFFIANT SAYETH NAUGHT.
COMCAST CABLEVISION OF
HALLANDALE, INC.
By:
Name:
Title:
AT&T COMCAST CORPORATION
By:
Name:
Title:
STATE OF FLORIDA )
) ss:
COUNTY OF )
BEFORE ME, the undersigned authority, personally appeared ,
who is known to me personally (or provided proof of identification) and upon being first duly sworn
acknowledged that he/she executed the foregoing document freely and voluntarily and for the purpose
therein expressed.
WITNESS my hand and official seal in the County and State last aforesaid this _ day of
,2002.
NOTARY PUBLIC
My Commission expires:
5
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
SOOKIE WilLIAMS, who on oath says that she is the
VICE PRESIDENT, 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
C~unty, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA - PROPOSED ORDINANCE- 6/4/02
ORDINANCE AMENDING CHAPTER 2, ETC.
in the XXXX Court,
was published in said newspaper in the issues of
05/10/2002
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 mall 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
attache copy of advertisement; and affiant further says that she
has t er paid nor promised any person, firm or corporation
any i unt, rebate, commission or refund for the purpose
of cu ng this advertisement for pubr tion in the said
ne s. per.
"
(SEAL)
~:'~!:.~
II 'n'''''' to me MAi1IA I. MESA
,'I' '.' MY COMMISSION # CG 865640
...' .Y-
V. . :., EXPIRES: March 4, 2004
~X'-;"~ BondadThIllNowrypublicUnderwriters
..p'",f.i'
SOOKIE WilLIAMS perso
CITY OF AVEII1'URA
PtI8LIC NOTICE OF PRDPOSIDORDRlf.IICE
-NOTICE IS ncnc:&, (lIVt:" dlCl" Uh 'f T-' )I. the 4th-day of June.'
2002, at a.meolInO Of the CIty CommIssiOn Of the City of Aventura, to be
held at 8:00 p.m. In the ~on Chamber at Aventura Government
cenlllr. 111200 West COUntry Club ortve, Aventura, Florida, the City Com-
mission will consider the adoption of the lollowing Ordinance on second
reading, entitled:
AN ORDINANCE OF THE Cl1Y OF AVENTURA, FLORIDA,
AMENDING CHAPTER 2 ENTITLED "ADMINISTRATION", BY
AIIEIftIRIG ARTICLE ft "OEPARTMENTS", SEC110N 2-411
"CREATED" TO PROVIDE FOR INCLUSION OF THE CHAR-
TER. SCHOOL ASA DEPARTMENT OF GOVERNIIENT
WlTHIN THECln'i PROVIDING FOR SEVERABlUTYi PRO-
VIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFEC-
nYE DATE.
The proposed OrdInance maytie InspecIadllythepubllcattheOffIca 01
lhaCltyCl<llt<, 1ll2OO WaelCountry ClublDriva, Aventura, Florida Inter-
_ par!ieomoy _at'the Public HearIng and be heardwtth raspecl
to thltproposed Ordinance. My person wishing to addms the City Com-
nilss10n on any itltln at thIa Public Hearing may do SO after the Mayor
opens the public hearing. .
In acco_ with theAmllricans with Disabl1ltieS Act 01 19l1O, all per'
sons who ant disabled and who need special accommodattonsto partici-
pate In this proceeding because 01 that disability should contacl the 0Iftce
0I1he City Cieri<, 305468-8801. not later than two busI_daya prior to
such proceedlnos.
II a person decideS to ~ any decision made by the City CommIs.
sion with resp<oclto any mattltf ~red at e meetlng or hearing, thet
pltISOI1 wlllneed a record 01 the proceedings and, lor such purpose, may
need to ensurEI that a ""rbatim nICOrd 01 the proceedIng$ Is made, which
record Includes the tesllmony and evIde(1ce upon which the ~ Is to
be based.
5/10
Ter.... M. Soroka, CMC City Clerk
02-4-41/262844M
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Ronda
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that 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. PROPOSED ORDINANCE 6/4/02
ORDiNANCE RE: CHARTER SCHOOL OPERATING, ETC.
in the XXXX Court.
was published in said newspaper in the issues of
05/17/2002
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
her~tofore been continuously published in said Miami-Dade County,
Flonda, 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 she
has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this verti or publication in the said
:iewspape..
(SEAL)
O.V. FERBEYRE p~
~'''' ,_ ..1Wl1A I. MESA
_ , .",o'm ~ISSION # CC 885640
fl. ,}J EXPIRES, March. 4, 2004 .
-<:rP.i.. :~.:' 60rIded ThruNolary Puillic UnderWriters
.~~-7,";,,=,\
~\~J':~~i:t~~,r-:~
,-'- I.EfL-tj. ~~"~=:~:!'.~ '/
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a".
- QI'I'\. OF AWIR'UIIA
PUBLlCII01'ICI:OFPRDPDRDONN~
NOTICE IS HEREBY GIVEN that on Tuesdar, the .111 <lay 01 June,
2002. at a meeflng 01 the CIty CQrnrnisslon of the City 01 Aventura, to be
held at 6:00 p.m. fnthe COmmisSIon Chamber at Aventura Government
Center. 19200 West Country Club DIive, Aventura, Florida, the City Com-
mission will consider the adoption 01 the follOWing Ordinance on seoond
reading, entitled:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ADOP11NG THE ATTACHED CHARTER SCHOOL OPERAT-,
lNG, DEBT SERVK% AND CAPITAL BUOGErr FOR THE
AVEHTURA CHARTER ELEMENTARY SCHOOL FOR FlS-
CAL YEAR 2G82I03 (JUt. Y 1 ~JUNE 30), PURSUANT TO SEC-
TION Uli OF THE CITY CHARTER; AlfTHORIZING EXPEN-
DITURE OF E\lftIlSESJA1IU$HED'BY THE BUDGEY;PRQ.
VIIlINClI'Clll. ~c: _al;: . PIlIlWlIIII.l'OIl'
PERSO'_ ~ ~ -GIFTS
ANO~ PROvI/iIIG fOR "-"~18;. PllOVlO-
I/lG fOR ENCU1118IlANCES; PROVIDING FOR IEVEIIUILI-
TV ANOPROVIIINGFORAH EFFE(:TIVEDATE.
The Proposed OnI~may be inspected by the publie at the Olflce of
the City CIofk, IIl200 W8lll COuntry Club Olive. Aventura. _ Inter-
ested perlles mar_at the Public HeoItng end.be hOanIwttltrnpect
to the pn>poaedO-. Mr p8ftlClItwlaltlnglO_theClty Com-
_ on lII1)' item at this Public HearIng may do so after the Mayor
opens the public hearing.
In ............. with the ~.....9IaabIlIIiBB AGI 0118110. all par-
sons who..._.""" whonMd....lIIlCOII1II\Od..ID"'1o perticl-
pete Inthls~IllIlacaua"'.theI~__lheOltIoa
of theCily ctaot<. 305 155 aG01. noIlatarlhen __u days priClt 10
sucII...........oQL'. . . .
" a p8ftlClIt dacIdM!q I!IlPHllll1)' declIIon !'tllda by the City CommIa-
sIon wIth.IllII*l'!o;at'tf IItIIIar COI1Iidered at a moeIIng or ~ng, that
p8ftlClIt ~11188l/.J8COrD"lhe ~"'._' for.sucIIJlIlI'P!I".may
1188l/.1D_thel",,,,,,,,"*,,~ollhe,~lamada. -
_ _that8Itlmonr.___-lhe-"'1ato
be besed. . ,
T8tIlIB M. Soroka,CMC CJlyClark
5117 Q24q12ll5137M
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Ronda
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
SOOKIE WilLIAMS, who on oath says that she is the
VICE PRESIDEN1, Legal Notices at the Miami Daliy'Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami~Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA - PUBLIC HEARING. JUNE 4, 2002
APPLICATION NO.: 01-VAR-97 REV
in the XXXX Court,
was published in said newspaper in the issues of
OS/24/2002
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 she
h el er paid nor promised any person, firm or corporation
y dis unt, rebate, commission or refund for the purpose
f see "ng this advertisement for publication in the said
ew aper"
Sworn to and subscribed before me this
~
(SEAL)
SOOKIE WilLIAM
lily know..loW\lM MESA
. . . MY coMMISSioN' CC 885640
\i'*' .' - EXPIRES: Matth 4, 2004
.... BondedThtuNotaryPubllcUndeTWriterS
"
D.oncrn.....
01 Public HoarIl\g:
o
9. .
Tuesday, June 4, 2002
6:00 pm.
Appl...nt Nome:
Aventura's Finest Hand Car Wash
Appllcont'o Roq....:. The applicant Is requeatlng a _on to oon-
diUon I. of Section 4 of RllSOIution No 97-48 to ex-
t~d the maximum duration of vart~ approv-
als for two. yea,. from tht current e~ry date of
September 4, 2IlO2to September 4. 2004
Appllc.lllan NIIII1ber: 01-VAR-97 REV
~OI
SUbjoIclP~:
~ DncrlptlGn: .
2890NE197_
,.~al t!W 14 oIlbe SE 14 ollbe SW 14 of Frac-
.tlonol SiK:tlon 3, TOWT1$hlp S2 South. Ronge42
East, MJami.Oade County, City 01 Aventura.
_01
SIdljoctI'nlpetty:
Appfollmatoly l.ve_ITOllII__)
AjlproldmaIolJO.2llAcl8sICa,__)
PI8na IN onfllllllld mar be _during reguIa'b__ houra In
the CIIl''''''-Oo__''~, __COlInlryClub
~. _, __. _..ybe_atorbelonttho
PublleHeorlng. The oppb6oII may "'-during tho hearIng_.
The PublIc Hearing will be held at CIty'" "_ro G_eon-
tor, 'l1211l1............ ~ opwo. .--... F1qrIdo 33110. Your
COITIlTI8I1II may be_1n '*""" atthol1earlng orfilod1n WI1tlng prior to
the hearing date. Roler to appIlcant/po'op on correspondence and mall
same to CIty '" ,,_ G_ Cantor, Communlly_op-
ment Deportmont, 19200 _ Country Club DrI..., "...nturo, FIorldo
33110.. For lunhe' InIolm8llon. """"" c:aJI(305) 466-e940.
In 8CCllIdaf-....1I1e~..WllhOlsllblIltIe8Aclof 1999;oII~.
sons who .i8'~ 8hcf WIiO n8id sPeCial aecOil1tnO<!8liiinstopanlcl-
pate In this ~ng becauoo of that ~ ihouktcontaCt the 0It1ce
of the City CIOft<, 468-8901, not_than two buoinesltdoya prior 10 ~h
proceedings.
If a person decides to appe'!l/ltrl ~ made by the City Commis-
sion w~h respect to any ""~!II a mooting or heanng, that
person will need a record ctl/lll proceedInOI,P, for such purpose, may
noed to ensura that a ve_ nlc!Ird. thopl1lcoedlngs is made, which
record Includes the testll'llCBW.mt:~,~ which the appeal is to
be based. .
05-22-D2
5/24
TMsa M. Soroka, CMC, City Clerk
02.3-621287212M
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
SOOKIE WilLIAMS, who on oath says that she is the
VICE PRESIDENT, legal Notices of the Miami Daily Business
Review lIk/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 - JUNE 4, 2002
APPLICATION NO.: 04-VAR-99 REV
in the XXXX Court.
was published in said newspaper in the issues of
05/24/2002
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 she
h el er paid nor promised any person, firm or corporation
y dis unt, rebate, commission or refund for the purpose
see Ing this advertisement for publication in the said
n ws aper.
.
(SEAL)
SOOKIE WilLIAMS
"'~"''''.'''''''',.~__.'''OO'lI:';I''''
1IArut.1.'ii.ESA----- .
Il1X.cWMl~SION I CC 885640
~J(Il\Al:S: March 4. 2004
_Thtu"*'Y""bhc_
Dll!O end Tlmo
01 PubHc Hoorlng:
Tuesday, June 4, 2002
8:00 p.m. .
Alan Rosenthal for Aveniura IMP Ltd.
~ntN.....:
AppIIUnl'a~'''''_'l'ho appIicant1s requesting the fOllOWing:
"" ,,~:-."
'./,
_.*"~o'.otSeadcM1"IIfR8'''lDANo. ~1
wIlloll.._ _m.ao_poreIIoIpa<klng _oIon\INE
206. Street ornt'" (01_t porotIoI. perk/l!ll_ aIongNE
207 Street. wh8l1l six (6) on.street parallel~_ &repro-
_ on HE __endone (1) on.st_ parallel par1<ing space
Is provided"" HE 207_
2.) ModIIicatioI1oll\Om;l)of,Section1.Resolutilln~ 2001-o1,wIllch
requlr!lCl_(7}.........parallel~~aIor1lle.otDix-
ie HighWay"*-, 10 Ihe-', where \4~}~
1eI.~__... PIDIJIdecI oIon\I~ _~ IlIx1e
~.
1.)'
"-',;1",-','
AppIicldloII...........,~AR-4lIlREV
. ""':"","';", ,.,-' .',',j'\:,'
La'~ ~1~tOr'";,::.;~~':".",.~, :.'", -.;.';j" . ' "
SUblectPr_~. "1lllllOt._tlbrie.HllJ\1MlIW" .,.(
; ,::"~ '-d';;~:,;: ,-: .,'J-'" u:iii:::-,~?,':"~;':,';,I, ;:: ,-,;' >>','
LegeI - ..~...,,,. - tathlOUlll> '.30. == 'l.t,=:,..iH< ~ ...,~,
. . . ,fWlK"4jO. B aooordIng 1lllIlIqI........
.' . ....411lOOk 20.11 :":...:i,-: 1I\l!!IlO,,""*
.. . " , " . """MIIInl<oe:de County,......
Slzaof . .
SubJeel PI ~ t,.t.2ll_
'~...' ,
..Plansere,On.fl.llnd~ng.~__N\lI!l in
th& CIty of J\WftbIrII:G............ ~,-1_.r"..u:...",.(:Iub
DrI..., A_; I'lDIldaUlllU'le". mayberilQdill@dlItQlbolo,.the
PubIIC'HeedIIg; """ appHcation,_""_duritlU the he!IrIoufll'lCOlS.
Ie;,j:~~~ct:~~:~::::=~
corilmeIltS may be..- '" ~ at theheafiogQf _10 wriIlog PriC'r 10
lhe ~<101e.ReI...tq~UproP8llY""C'O~""end IT\!lil
same to CIIY of"""""",, GovoinmeIllCenter.'CloImluoll.Ype~o...
mo"'Qe~ 1.Well ~untry Club DrI"" "...ntura, FIQrIde
33180. Forfurtherll)foonatlon: pI8eae <:all (305) 488-8940.
In actOrdaoce wItlJlile Amellcao.swith Oisabililies ACt of 1990,!i!,per-
SOIlS whO ere dIs$bIed ~ whO nlled special alXXlri1modatlOn.1O portici-
pote ir1 thispl\lClllldlog.bGcause 01 thai dlllebi!",,!Ihooll<l-~ the 0IIice
of tha City Cle(k, 48e-9901. not later th8ll two business days prior 10 SUCh
proceedings. , .
If a persqn cleckies 10 appeal 8IlY decision ~ the City Commis-
sion wilh r8SpaCt to.any maltBl lXlOslderedate'" ~or~ilill\i.'that
person will need a rI\Xlrd of the proc:eedIriQInl1cJHom PUtilote,1neY
neeQlO en.ure thaI a wlblJ~m IllC'Ord olthe~<as1i_cWhIi:Ii
record lncludelllhe testimony ahdevideoce uPd/t'W1I1ll1ilh8:eppeat is to
be based. ",
S-22-o2
5/24
Te_l,t Soroka, CIiIC, CIlyCIeI1c
0l!-3-81128721OM
<!tht :atiami Htral~
-
Published Dailv
MIAMI. FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally appeared:
FRANK TOMASINO
Who on oath that he Is
ADVERTISING OFFICE MANAGER
d In said
b-lVt W6 't.;
Mflant further says that the said Miami Herald Is a newspaper published at Miami.
In the said Dade County. Florida, and that the said newspaper has heretofore been
continuously published In said Dade. County, Florida. each day and has been
entered as second class mail matter at the post office In MiamI. in said Dade
County. Ftorlda. for a period of one year next preceding the first publication of
the attached copy of advertisement.
-~
~-: ~ 2::__
FRANK TOMASINO
Sworn to and subSCribed before me
This ;:? t7 day of ~
A.D. 2001
;(~ /~ U,r. ,~
Lisa Ann Hernandez
(llIS$Ann HerIllUldez
_CommlsslonilDD 000617
S' . 'S EXjllres Fob. 1.t.2005
~ Bonded Thm
~ "~I~'\ Atlant1e Bonding G:l., 1&
3613 N.E. 163rd Street. North Miami Beach. FL 33160
.t."If"~..~."I.I"'_
/..-?::;---~--"^>..~
~ v'""'l"'" \
;:;t~;i!,!o"~:::~ \
f, 7:"-"","--'" ~
I d!i==I, :;iil ,I
~" ,. 1
~'1! ~~
~ ~ ~. ~,$f:i '
Q!Y;'fE:>:,e , '''~ '
~,{ "
CITY OF AVENTURA ' ~(l'
NOTICE OF AMENDMENT OF THE CITY'S 1,
LAND DEVELOPMENT REGULATIONS ,J
Public Notice is hereby given that the Aventura Cityt .
Commission will meet in a public hearing onTuesday," "
June 4, 2002 at 6:00 pm to consider final adoption ot, "
the following Ordinance on second reading: '( ,'.' '
'ff.~. j
AN ORDINANCE OF THE CITY OF AVENTURA, IJ~ "
flORIDA, AMENDING SECTION 31-21 OF' ow '
THE, CITY'S LAND DEVELOPMENT
REGULATIONS TO AMEND THE DEFINITION
, OF "BUILDING"; AMENDING SECTION 31"75.
OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO AMEND TEMPORARY
USES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR EFFECTIVE DATE. ,
The above described Public Hearing Wil.lb~h~l~'
commencing at 6:00 pm on Tuesday, June 4,2002, at - .
City of' Aventura Government Center, 19200 WesC
Country Club Drive, Aventura, Florida, 33180. The'\,
proposed Ordinance may be inspected by the publiG',~l
at the Office of the City Clerk, 19200 WestCountrY,l
Club Drive, Aventura, Florida. Interested parties may
appear at the Public Hearing and be heard with;~:,
respect tothe proposed Ordinances. . .. " '38
, In accordance with the Americans with Disabilities::i
. Act of 1990, all persons who are disabled and wh6;'~
need special accommodations to participate inthiSib
proceeding because of that disability should, contact:L .
. the Office of the City Clerk, (305) 4!36~8901, not latet; .
than two business days prior to such proceedings. . ,,'M'
. ',;' ;""_ dl,J~.
If a person decides to appeal any decision made b'J,i~
the City Commission, as Local Planning Agency or as,!"
the governing body, with respect to any matter"o'
considered at a meeting or hearing, that person wilL
need a record of the proceedings and, for such~;
purpose, may need to erisure that a verbatim recorcJ'!;-
. of the proceedings is made, which record includes'~ .
. the testimony and evidence upon which the appeal i~h\' _
. to be based,oH,
'Ii: '
.1:{ -
lllresa M. Soroka, CIVIC, City C.I~r~ iL<:'.~lll;
~"