09-17-1996 CC Meeting AgendaCITY OF AVENTURA
COUNCIL AGENDA
SEPTEMBER 17, 1996 - 7 P.M.
CITY COUNCIL
Arthur I. Snyder, Mayor
Patricia Rogem-Libert, Vice Mayor
Arthur Berger, Councilmember
Jay R. Beskin, Councilmember
Ken Cohen, Councilmember
Harry Holzberg, Councilmember
Jeffrey Perlow, Councilmember
Eric M. Soroka, City Manager
Teresa M. Smith, City Clerk
Weiss Serota & Helfman, City Attorney
CITY OF AVENTURA
City Council
Arthur I. Snyder, Mayor
Patricia Rogers-Libert, Vice Mayor
Arthur Berger
Jay R. Beskin
Ken Cohen
Harry Holzberg
Jeffrey Perlow
COUNCIL MEETING
SEPTEMBER 17, 1996 - 7 P.M.
AGENDA
COLUMBIA AVENTURA MEDICAL ARTS BUILDING
21110 BISCAYNE BOULEVARD SUITE 101
AVENTURA, FLORIDA
CALL TO ORDER/ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES:
MOTION TO APPROVE MINUTES OF:
COUNCIL MEETING SEPTEMBER 4, 1996
COUNCIL MEETING SEPTEMBER 5, 1996
AGENDA:
REQUEST FOR DELETIONS/EMERGENCY
ADDITIONS
SPECIAL PRESENTATIONS:NONE
CONSENTAGENDA
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
GRANTING TO PEOPLES GAS SYSTEM, INC. A NON-
EXCLUSIVE FRANCHISE IN THE CITY OF AVENTURA;
AUTHORIZING PEOPLES GAS SYSTEM, INC. TO USE
SEPTEMBER 17, 1996
THE PUBLIC RIGHTS-OF-WAY AND STREETS OF THE
CITY, FOR THE PURPOSE OF CONSTRUCTING,
MAINTAINING, OPERATING AND EXTENDING GAS LINES
IN THE STREETS AND PUBLIC PLACES OF SAID CITY
THEREON AND THEREUNDER; PROVIDING FOR A
FRANCHISE FEE; PROVIDING THE TERMS AND
CONDITIONS OF SUCH GRANT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ESTABLISHING A SCHEDULE OF CHARGES
FOR PROVIDING COPIES AND/OR PHOTOCOPIES OF
CITY DOCUMENTS AND RELATED SERVICES;
PROVIDING A SCHEDULE OF FEES; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE
DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING FOR THE ISSUANCE OF SOLID WASTE
COLLECTION FRANCHISES; REQUIRING FRANCHISE
FOR SOLID WASTE COLLECTIONS; IMPOSING
FRANCHISE FEE FOR SOLID WASTE COLLECTION
ACTIVITIES; AWARDING FRANCHISES TO CERTAIN
PERMITTED PRIVATE HAULERS; PROVIDING FOR
SEVERABILITY, PENALTY AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
PROVIDING A FEE SCHEDULE FOR BUILDING PERMIT
FEES; PROVIDING A FEE SCHEDULE FOR ZONING AND
PLANNING APPLICATIONS; PROVIDING FOR SAVINGS
CLAUSE, SEVERABILITY, INCLUSION IN THE CODE AND
AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 15414.06 TRAFFIC BARRIER, AND
WORK AUTHORIZATION NO. 15414.07 SIDEWALK
IMPROVEMENT FOR PROFESSIONAL ENGINEERING
SERVICES BY AND BETWEEN THE CITY OF AVENTURA
2
SEPTEMBER 17, 1996
AND KEITH AND SCHNARS, P.A.; AND PROVIDING AN
EFFECTIVE DATE.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED REAL
ESTATE PURCHASE AND SALE CONTRACT BY AND
BETWEEN THE CITY OF AVENTURA AND SUNBELT-
DIX, INC.; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS
OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
PUBLIC HEARINGS: ORDINANCES - SECOND READING:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING FOR THE CREATION OF THE CITY OF
AVENTURA PLANNING AND ZONING BOARD;
PROVIDING FOR CREATION, COMPOSITION AND
QUALIFICATIONS; TERM OF OFFICE; ADVISORY
CAPACITY; DUTIES AND RESPONSIBILITIES; RULES OF
PROCEDURE; JURISDICTION; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE. (It is anticipated that this item will be tabled)
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
GRANTING TO BELLSOUTH TELECOMMUNICATIONS,
INC. A NON-EXCLUSIVE FRANCHISE IN THE CITY OF
AVENTURA; AUTHORIZING BELLSOUTH
TELECOMMUNICATIONS, INC. TO USE THE PUBLIC
RIGHTS-OF-WAY AND STREETS OF THE CITY, FOR THE
PURPOSE OF ERECTING, CONSTRUCTING,
MAINTAINING AND OPERATING LINES OF TELEPHONE
EQUIPMENT THEREON AND THEREUNDER; PROVIDING
FOR A FRANCHISE FEE; PROVIDING THE TERMS AND
CONDITIONS OF SUCH GRANT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
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10.
11.
12.
RESOLUTIONS: NONE
REPORTS:
· MAYOR AND COUNCIL
· CITY MANAGER
· CITY ATTORNEY
OTHER BUSINESS: NONE
PUBLIC COMMENTS
ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS:
THURSDAY, SEPTEMBER 19, 1996
WEDNESDAY, OCTOBER 2, 1996
MONDAY, OCTOBER 14, 1996
7 PM
6 PM
7 PM
9 AM
SEPTEMBER 17, 1996
2ND PUBLIC HEARING ON BUDGET
ZONING HEARINGS
COUNCIL MEETING
COUNCIL WORKSHOP MEETING*
* Government Center, 2999 NE 191 st Street, Suite 500
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,
466-8901, not later than two days prior to such proceeding.
Anyone wishing to appeal any decision made by the Aventura City Council 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, 2999 NE 191st
Street, Suite 500, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the
City Clerk at 466-8901.
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CITY OF AVENTURA
WELCOME TO YOUR CITY COUNCIL MEETING
We are pleased that you have demonstrated an interest in the City of Aventura by attending a City
Council meeting. We hope you will attend more of these meetings in the future.
GENERAL INFORMATION
The City of Aventura was incorporated on November 7, 1995 and operates under the "Council -
City Manager Plan." The City Council is comprised of six members and the Mayor selected by the
residents of Aventura to serve as the City's governing body. It is responsible for adopting
policies of the City, passing ordinances, adopting resolutions, approving various development
requests and adopting the budget. A City Manager is appointed by the City Council to serve as
the administrative head of the government and provides recommendations to the City Council on
policy issues.
The City Council Meeting is a formal meeting of the members of the Council to transact City
business. This business is conducted in a manner prescribed by resolution, laws and
regulations which require formal actions and the following of specific procedures.
The AGENDA is a printed document that lists the order of business for the Council meeting.
GENERAL RULES AND PROCEDURES
Addressing Council - Members of the public may address the City Council on matters during the
following portions of the AGENDA: Public Hearings, Other Business and Public Comments.
Each person who addresses the Council shall step up to the speaker's podium and give his/her
name and address. Public discussion is limited to three minutes maximum per person, however
the Mayor may allow more time. All questions from the public to the Council shall be addressed
through the Mayor.
Public Comments - Individuals wishing to speak on matters not on the agenda but pertinent to
the city may do so by signing in with the City Clerk prior to the meeting. The Mayor will
recognize those persons who signed in under the agenda item "Public Comments."
Decorum - Any person making impertinent or slanderous remarks or who becomes boisterous
while addressing the Council, shall be barred from further audience before the Council by the
Mayor, unless permission to continue or again address the Council be granted by the majority
vote of the Council. No clapping, applauding, heckling or verbal outburst in support or
opposition to a speaker or his or her remarks shall be permitted, No signs or placards shall be
allowed in the Council chambers. Persons exiting the Council chamber shall do so quietly.
The above represents a summarization of the Comprehensive Council Meeting and Agenda
Procedures Resolution. Copies of this resolution are available from the Office of the City
Manager.
MINUTES
CITY COUNCIL MEETING
CITY OF AVENTURA, FLORIDA
THURSDAY, SEPTEMBER 4, 1996 - 7 P.M.
COLUMBIA AVENTURA MEDICAL ARTS BUILDING
21110 BISCAYNE BOULEVARD SUITE 101
AVENTURA, FLORIDA
CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor
Snyder at 7 p.m. Present were Councilmembers Jay R. Beskin, Ken Cohen, Harry
Holzberg, Jeffrey Perlow, Vice Mayor Patricia Rogers-Libert, Mayor Arthur I. Snyder, City
Manager Eric M. Soroka, City Attorney Stephen J. Helfman and City Clerk Teresa M.
Smith. Councilmember Arthur Berger was absent. As a quorum was determined to be
present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Mr. George Feffer led the pledge of allegiance.
5. SPECIAL PRESENTATIONS: (Taken out of order)
PRESENTATION OF AWARDS TO WINNERS OF LOGO CONTEST: Mayor
Snyder presented certificates and checks to the following winners of the Logo contest:
1st Place
2'~ Place
3r~ Place
Marvin Wilson $250.00
Cynthia Shadrick $150.00
Ted Krawitz $100.00
INTRODUCTION OF MEMBERS OF THE BEAUTIFICATION, RECREATION AND
CULTURAL ARTS COMMITTEE:
The members of the Beautification, Recreation and Cultural Arts Committee were
introduced and presented Certificates of Appointment. The following members were in
attendance: Ruth Demming, Janet Laine, Ruby Steiner, Dr. Henry Diamond and Irving
Kaye.
3. APPROVAL OF MINUTES: A motion to approve the minutes of the August 13,
1996 Council meeting and the August 19, 1996 Workshop meeting was offered by Vice
Mayor Rogers-Libert, seconded by Councilmember Cohen and unanimously passed.
4. AGENDA: Councilmember Cohen offered a motion to delete item 9 from the
agenda. The motion was seconded by Councilmember Beskin and unanimously passed.
6. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Vice Mayor Rogers~Libert, seconded by Councilmember Beskin, unanimously passed
and the following action was taken:
The following motion passed unanimously:
MOTION TO ADOPT
LANDSCAPE MAINTENANCE
FOLLOWS:
RIGHTS-OF-WAY/MEDIAN
SERVICES POLICY, AS
THE CITY OF AVENTURA SHALL ASSUME AND
PROVIDE RIGHTS-OF-WAY/MEDIAN LANDSCAPE
MAINTENANCE SERVICES AS THE CITY MANAGER
DEEMS NECESSARY IN THE PUBLIC RIGHTS-OF-WAY
AND PUBLIC AREAS WITHIN THE BOUNDARIES OF THE
CITY AS OUTLINED IN THE CITY MANAGER'S REPORT
DATED AUGUST 28, 1996. THE CITY MANAGER IS
DIRECTED TO PROVIDE FOR AN ORDERLY TRANSFER
OF THESE RESPONSIBILITIES AND ASSOCIATED
COSTS CURRENTLY UNDER THE JURISDICTION OF
NON-GOVERNMENTAL ENTITIES OR ASSOCIATION AND
DADE COUNTY.
THE CITY MANAGER IS ALSO AUTHORIZED TO
PROVIDE RIGHTS-OF-WAY/MEDIAN LANDSCAPE
MAINTENANCE SERVICES TO AREAS CURRENTLY
PRIVATELY OWNED OR MAINTAINED ONCE THEY ARE
DEDICATED TO THE CITY FOR PUBLIC PURPOSES. THE
SERVICES WILL BE PROVIDED AT THE SAME OR
BETTER LEVEL THAN CURRENTLY IN PLACE.
RESOLUTION NO. 96-35 was adopted:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, APPOINTING THE FIRM OF C.A.P.
ENGINEERING CONSULTANTS, INC. TO PERFORM
BUILDING INSPECTION AND PLAN REVIEW
PROFESSIONAL CONSULTANT SERVICES;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED AGREEMENT FOR PROFESSIONAL
SERVICES; AGREEING TO THE NEGOTIATED SCOPE OF
SERVICES AND FEES CONTAINED IN SAID
AGREEMENT; AND, PROVIDING AN EFFECTIVE DATE.
C. The following ordinance was passed on first reading:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
GRANTING TO BELLSOUTH TELECOMMUNICATIONS,
INC. A NON-EXCLUSIVE FRANCHISE IN THE CITY OF
AVENTURA; AUTHORIZING BELLSOUTH
TELECOMMUNICATIONS, INC. TO USE THE PUBLIC
RIGHTS-OF-WAY AND STREETS OF THE CITY, FOR THE
PURPOSE OF ERECTING, CONSTRUCTING,
MAINTAINING AND OPERATING LINES OF TELEPHONE
EQUIPMENT THEREON AND THEREUNDER; PROVIDING
FOR A FRANCHISE FEE; PROVIDING THE TERMS AND
CONDITIONS OF SUCH GRANT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
D. The following motion was unanimously passed:
MOTION TO AUTHORIZE THE PURCHASE OF THE WINN
DIXIE SITE IN ACCORDANCE WITH THE TERMS AND
CONDITIONS OUTLINED IN THE CITY MANAGER'S
MEMORANDUM DATED AUGUST 29, 1996
PUBLIC HEARINGS:
A. Mr. Helfman read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING FOR THE ESTABLISHMENT OF THE CITY'S
CODE ENFORCEMENT PROCESS; PROVIDING FOR
DEFINITIONS; PROVIDING FOR CIVIL OFFENSES AND
PENALTIES; PROVIDING FOR QUALIFICATIONS OF AND
POWERS OF SPECIAL MASTERS; PROVIDING FOR THE
CITY ATTORNEY TO SERVE AS COUNSEL; PROVIDING
FOR AUTHORITY TO INITIATE ENFORCEMENT
PROCEDURES; PROVIDING FOR ENFORCEMENT
PROCEDURES; PROVIDING FOR CONTENTS AND
SERVICE OF WARNINGS AND NOTICES; PROVIDING
FOR RIGHTS OF VIOLATORS; PROVIDING FOR
SCHEDULING AND CONDUCT OF HEARING; PROVIDING
FOR CIVIL PENALTIES AND RECOVERY OF UNPAID
CIVIL PENALTIES; PROVIDING FOR APPEALS OF
SPECIAL MASTER'S ORDER; PROVIDING FOR
SUPPLEMENTAL PROVISIONS; PROVIDING FOR
ADDITIONAL ENFORCEMENT POWERS; PROVIDING
FOR A SCHEDULE OF CIVIL PENALTIES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPLACEMENT
OF CODE ENFORCEMENT PROVISIONS PROVIDED BY
METRO DADE COUNTY CODE SEC 8CC, ET. SEQ. AND
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Snyder opened the public hearing. Mr. Lionel Sokolov, 3530 Mystic Point Drive,
addressed Council. There being no further speakers, the public hearing was closed. A
motion to approve the ordinance was offered by Vice Mayor Rogers-Libert, and seconded
by Councilmember Cohen. The motion passed unanimously and Ordinance No. 96-14
was enacted.
B. Mr. Helfman read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING THE INTERIM TERMS AND CONDITIONS FOR
THE OPERATION OF CABLE TELEVISION SYSTEMS AND
THE APPLICATION, PROCEDURES AND
REQUIREMENTS RELATING TO THE GRANT OF
FRANCHISES FOR THE CONSTRUCTION,
INSTALLATION, OPERATION AND MAINTENANCE OF
CABLE TELEVISION SYSTEMS, EQUIPMENT AND
FACILITIES IN, ON, ACROSS, ABOVE OR THAT IN ANY
MANNER WHATSOEVER USE THE CITY'S PUBLIC
RIGHTS OF WAY AND TO ENSURE THAT USE OF THE
CITY'S PUBLIC RIGHTS OF WAYS IS IN THE PUBLIC
INTEREST AND IN CONFORMANCE WITH APPLICABLE
LAW; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING A SAVINGS CLAUSE AND
EFFECTIVE DATE.
Mayor Snyder opened the public hearing. Mr. Lionel Sokolov and Ila Feld, Esq., One
Southeast Third Avenue, Miami, addressed Council. Mayor Snyder then closed the
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public hearing. A motion to approve the ordinance was offered by Vice Mayor Rogers-
Libert and seconded by Councilmember Perlow. The motion passed unanimously and
Ordinance No. 96-15 was enacted.
C. Mr. Helfman read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING THAT A PERSON SHALL NOT SERVE ON
MORE THAN ONE CITY OF AVENTURA BOARD;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mayor Snyder opened the public hearing. Mr. Lionel Sokolov addressed Council. Mayor
Snyder closed the public hearing. A motion to approve the ordinance was offered by Vice
Mayor Rogers-Libert and seconded by Councilmember Perlow. The motion passed, 5-1,
with Mayor Snyder voting no, and Ordinance No. 96-'16 was enacted.
8. RESOLUTIONS: None
9. REPORTS: Deleted
10. OTHER BUSINESS:
Mr. Helfman read the following motion by title:
MOTION TO AUTHORIZE THE CITY MANAGER TO
PROCEED WITH NEGOTIATIONS TO PURCHASE THE
GAMPEL PROPERTY.
The motion, offered by Councilmember Perlow, was seconded by Councilmember Beskin
and unanimously passed.
'11. PUBLIC COMMENTS:
The following individuals addressed Council: Joseph Platnick, 18071 Biscayne
Boulevard; Albert Zemlock, Del Vista Towers; Lionel Sokolov; and Milton Haber, 18051
Biscayne Boulevard.
Mayor Snyder announced the dates of the next Council meetings.
'12. ADJOURNMENT. There being no further business to come before Council, after
motion made, seconded and unanimously passed, the meeting was adjourned.
Teresa M. Smith, CMC, City Clerk
Approved by Council on September 17, 1996.
Anyone wishing to appeal any decision made by the City Council with respect to any matter considered at a meeting or headng 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.
MINUTES
CITY COUNCIL MEETING
CITY OF AVENTURA, FLORIDA
THURSDAY, SEPTEMBER 5, 1996 - 7 P.M.
COLUMBIA AVENTURA MEDICAL ARTS BUILDING
21110 BISCAYNE BOULEVARD SUITE 101
AVENTURA, FLORIDA
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Vice-Mayor
Rogers-Libert at 7 p.m. Present were Councilmembers Jay R. Beskin, Ken Cohen, Harry
Holzberg, Jeffrey Perlow, Vice Mayor Patricia Rogers-Libert, Mayor Arthur I. Snyder, City
Manager Eric M. Soroka, City Attorney Stephen J. Helfman and City Clerk Teresa M.
Smith. Councilmember Arthur Berger was absent. As a quorum was determined to be
present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Mr. Libert led the pledge of allegiance.
3. PUBLIC HEARINGS:
A. Mr. Helfman read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ESTABLISHING AND ADOPTING THE CITY OF
AVENTURA AD VALOREM TAX OPERATING MILLAGE
LEVY RATE AT 2.2270 MILS PER THOUSAND DOLLARS
OF TAXABLE ASSESSED PROPERTY VALUE FOR THE
1996 TAX YEAR; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY AND PROVIDING FOR
AN EFFECTIVE DATE.
Vice Mayor Rogers-Libert opened the public hearing. There being no speakers, the
public hearing was closed. A motion to approve the ordinance was offered by
Councilmember Cohen and seconded by Councilmember Holzberg. The motion passed
unanimously by roll call vote.
B, Mr. Helfman read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ADOPTING THE ATTACHED TENTATIVE OPERATING
AND CAPITAL BUDGET, AS REVIEWED AND APPROVED
BY CITY COUNCIL AT THE REVIEW MEETING HELD ON
AUGUST 13, 1996, AS THE CITY OF AVENTURA FINAL
BUDGET FOR THE 1996-97 FISCAL YEAR, 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.
Vice Mayor Rogers-Libert opened the public hearing. The following individuals
addressed Council regarding this matter: Eric Schwartz, Turnberry; and Harry Crook,
Commodore Plaza. There being no further speakers, the public hearing was closed. A
motion to approve the ordinance was offered by Councilmember Cohen, seconded by
Councilmember Perlow and unanimously passed by roll call vote.
4. ADJOURNMENT. There being no further business to come before Council, after
motion made, seconded and unanimously passed, the meeting was adjourned.
Teresa M. Smith, CMC, City Clerk
Approved by Council on September 17, 1996.
Anyone wishing to appeal any decision made by the City Council 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.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Eric M. Soroka, City ~
September 10, 1996-\
Ordinance Granting
System, Inc.
N - xclusive
Franchise
to Peoples Gas
Ist Reading September 17, 1996 City Council Agenda Item
2nd Reading October 2, 1996 City Council Agenda Item
Recommendation
It is recommended that the City Council adopt the attached Ordinance which grants a
non-exclusive franchise to Peoples Gas Systems, Inc. for gas services.
Backqround
As previously reported to the City Council, in the Revenue Source Availability and
Projections, the City is permitted to award franchises for gas services utilizing the City's
rights-of-way. The attached Ordinance accomplishes the following:
1. Sets forth the applicable procedures and requirements for gas service
franchises.
2. Grants a non-exclusive franchise to Peoples Gas Systems, Inc.
3. Establishes the franchise fees (6%) and payment requirements in accordance
with state statutes.
If you have any questions, please feel free to contact me.
EMS/ne
Attachments
CC0087-96
ORDINANCENO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; GRANTING
TO PEOPLES GAS SYSTEM, INC. A NON-EXCLUSIVE FRANCHISE IN
THE CITY OF AVENTURA; AUTHORIZING PEOPLES GAS SYSTEM, INC.
TO USE THE PUBLIC RIGHTS-OF-WAY AND STREETS OF THE CITY,
FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING, OPERATING
AND EXTENDING GAS LINES IN THE STREETS AND PUBLIC PLACES
OF SAID CITY THEREON AND THEREUNDER; PROVIDING FOR A
FRANCHISE FEE; PROVIDING THE TERMS AND CONDITIONS OF SUCH
GRANT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura finds it in the public interest to ensure that all areas
within its limits are adequately provided with high-quality and reliable gas service; and
WHEREAS, the City of Aventura finds it in the public interest to retain regulatory
authority over the provision of gas, to the extent allowed by law, because of the overriding
public health, safety and welfare considerations associated with the provision of this
service; and
WHEREAS, the City of Aventura finds it in the public interest to retain control over
the use of public rights-of-way by providers of gas to ensure against interference with the
public convenience, to promote aesthetic considerations, to promote planned and efficient
use of limited right-of-way space, and to protect the public investment of right-of-way
property; and
WHEREAS, the City of Aventura finds it in the public interest to attract high-quality
providers of gas and that this can be accomplished by protecting capital investments of gas
utilities; and
WHEREAS, the City of Aventura finds it in the public interest to ensure that high
quality gas service is maintained through a responsive complaint handling procedure; and
WHEREAS, the City of Aventura finds that the provision of gas typically results in a
natural monopoly which, if not regulated, would have the power to operate without
adequate regard for the public interest; and
WHEREAS, the City of Aventura finds that the granting of nonexclusive franchises is
the best means of assuring that the above-described interests of the City of Aventura are
promoted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA:
Section 1. Definitions. For the purpose of this Ordinance, the following terms and
words shall have the meaning given herein.
A. "City" shall mean the City of Aventura, its successors and assigns.
B. "Company" shall mean Peoples Gas System, Inc., its successors and assigns.
C. "Consumer" shall mean any person, firm or public or private corporation served
by the Company.
Section 2. Grant of Franchise. Permission is hereby granted Company to
construct, erect, suspend, install, extend, renew, repair, maintain, operate and conduct
within the limits of this franchise, a system for distribution of gas for all purposes
whatsoever upon, along, under and over the public roads, streets, and rights-of-way of the
City of Aventura,
Section 3. Terms and Limits of Franchise. This franchise is granted for a period
of fifteen (15) years and covers the following geographical area: The corporate limits of the
City of Aventura as set forth in the Charter of the City of Aventura, as amended from time to
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time. Company agrees that the limits of the franchise are subject to expansion or reduction
by annexation and contraction of municipal boundaries and that Company has no vested
right in a specific area.
Section 4. Franchise Fee; Payments. In consideration of the rights, privileges and
franchises herein granted, and to defray the cost of regulating the Company's activities
under this franchise, the Company shall pay to the City annually a sum equal to six percent
(6%) of the gross receipts of the Company from the sale of gas to residential, commercial
and industrial customers within the corporate limits of the City. In the event the Company is
granted a franchise from another municipality or government entity that requires them to
pay a franchise fee in excess of six percent (6%), then the City shall be entitled to the
higher franchise fee once it requests so in writing to the Company. Impositions by the City
will not be credited to or deducted from the franchise fee. The annual payment shall be
made to the City for each year that the permission granted herein is in effect and shall be
made to the City in four installments. The first, second and third installments of the annual
payment shall be based upon the gross receipts for the first, second and third quarters,
respectively, of the fiscal year and shall be made no later than sixty (60) days following the
end of these periods. The fourth installment of the annual payment shall be made no later
than sixty (60) days following the end of such fiscal year, and shall be based upon such
gross receipts for the fiscal year but shall be adjusted to reflect payment of the first three
installments. For purposes of this payment, such fiscal year shall end on September 30.
The first such payment shall be based upon receipts for the quarter of October, November
and December 1996, and shall be made on or before January 31, 1997. Payments shall be
3
payable to the City of Aventura, Attention: Finance Support Services Department, during
regular business hours of the City.
Section $. Transferability. The Company shall not sell or transfer any portion of
its plant or system to another, nor transfer any rights under this franchise to another without
City's prior written approval. The City Council will not unreasonably withhold its consent to
the transfer of this franchise. Notwithstanding the foregoing, Company may transfer or
assign any portion of its plant or system or the franchise or any rights hereunder to its
parent company or any other affiliate without City's prior approval. Company shall notify
City of any such transfer or assignment. No such sale or transfer shall be effective until the
vendee, assignee or lessee has filed with the City, Attention: City Manager, an instrument,
duly executed, reciting the fact of such sale, assignment or lease, accepting the terms of
the franchise, and agreeing to perform all the conditions thereof.
Section 6. Forfeiture of this Franchise. Failure by the Company to comply in any
substantial respect with any of the provisions, terms, or requirements of this franchise, shall
result in a forfeiture. Said forfeiture shall be effective upon a finding by a court of
competent jurisdiction that Company has substantially breached any of the provisions,
terms or requirements of this franchise. Both the City and the Company reserve the right of
appeal of such court findings. If it is the non-prevailing party, the Company shall have six
(6) months after the final determination of the question to make restitution or make good the
default or failure before forfeiture shall result. The City, at its discretion by and through its
City Administration, may grant additional time to the Company for restitution and
compliance as deemed appropriate by the City.
4
Section 7. Termination of Grant by Insolvency or Bankruptcy of Company. In
the event of a final adjudication of bankruptcy of the Company, the City shall have full
power and authority to terminate, revoke, and cancel any and all rights granted under the
provisions of this Ordinance.
Section 8. Hold Harmless. The City shall in no way be liable or responsible for any
accident or damage which may occur due to the construction, location, relocation, operation
or maintenance by the Company of equipment and vehicles subject to the terms and
conditions of this franchise. The Company hereby agrees to indemni~ the City and to hold
it harmless against any and all liability, loss, cost, damage or any expense connected with
the Company's exercise of the rights or privileges provided hereunder, including a
reasonable attorney's fee incurred in the defense of any type of court action related thereto,
which may accrue to the City by reason of the negligence, default, other misconduct, strict
liability or act or omission of the Company in its construction, location, relocation, operation
or maintenance of the facilities, vehicles, or equipment subject to this franchise.
Section 9. Review of billing records. City may, at its option and at its expense,
and upon reasonable notice to the Company, at any time examine the records of operations
accounting files, and books and records as such records relate to the calculation of the
franchise fee payments to the City, as provided herein, and to proper performance of other
terms of this franchise. The examination of such books, accounts, records or other
materials necessary for determination of compliance with the terms, provisions and
requirements of this franchise shall be during regular hours of business of the Company
and at the corporate offices of the Company.
Section t0. Under.qround Installation. The Company shall install underground
extensions of all distribution lines that the Company has determined are necessary or
desirable.
Section 11. Successors and Assi.qns. Whenever in this Ordinance either the City
or the Company is named or referred to, it shall be deemed to include the respective
successor, successors or assigns of either, and all rights, privileges and obligations herein
conferred shall bind and inure to the benefit of such successor, successors or assigns of
the City or the Company. This shall not waive any restrictions against assignments.
Section 12. Rates, Rules and Regulations.
A. The Company shall provide gas service within the limits of this franchise on
reasonable terms and conditions at just, reasonable and nondiscriminatory rates to all who
request said service during the term of this franchise and thereafter, as required by law or
by duly constituted public regulatory body.
B. Upon the written request of the City, the Company shall file with the City a
complete set of rules and regulations and a complete set of tariffs or rate schedules under
which gas service is provided under this franchise. The Company is subject to the rules and
regulations of the Florida Public Service Commission (FPSC). In the event that the FPSC,
or other State regulatory, should be deprived of the authority to make rules and regulations
governing the Company, then the City shall have the right to set rules. Upon the written
request of City, Company shall also furnish any revisions of rules, regulations, and rates.
Section 13. Right to Operate. The Company is hereby further given, granted and
vested with the right, authority, easement, privilege and franchise to construct, erect,
6
suspend, install, extend, renew, repair, maintain, operate and conduct within the limits of
this franchise fittings, appliances and appurtenances necessary or desirable to the
transmission, distribution or sale of natural gas for all purposes whatsoever. The
easements herein granted apply in, over, under, along, upon and across all streets,
avenues, alleys, ways, bridges and public places as they now exist or as they may
hereafter be laid out or extended within the limits of this franchise, including the further
right, privilege and franchise to construct, erect, suspend, install, extend, renew, repair and
maintain and operate fittings and all appliances and appurtenances necessary or desirable
to the generation and transmission within, unto, through, over and beyond the limits of this
franchise and to the furnishing, supplying and distributing to said area and the inhabitants
and gas consumers both within and beyond the limits thereof, of gas for all purposes for
which gas energy may be used now or hereafter, and the right to extend lines and furnish
gas energy beyond the limits of said franchise. The gas system facilities and associated
equipment and vehicles shall be located or relocated, erected or operated so as to interfere
as little as possible with vehicular and pedestrian traffic over, along and across said public
rights-of-way, streets, alleys, bridges, and public places and with reasonable egress and
ingress to abutting and adjoining property.
Section 14. Proper Operation. The riflings, appliances and appurtenances shall
be constructed in accordance with good engineering practices and so as not to
unreasonably interfere with the proper use and appearance of the streets, avenues, alleys,
ways, bridges, and public places in the franchise area and shall be maintained in
reasonably good condition and repair.
7
Section 15. Excavation Maintenance and Restoration. Construction plans shall
be submitted and an Engineering Construction permit shall be obtained from the
Community Development Department Director or his designated representative prior to the
Company causing any opening or alteration to be made in any of the streets, avenues,
alleys, ways, bridges or public places within the franchise area for the purpose of installing,
maintaining, operating or repairing any fittings, appliances and appurtenances. The work
under this franchise shall be done subject to the supervision of the City. The Company shall
replace or properly relay and repair any sidewalk, street, lawn, landscaping or swale that
may be displaced by reason of such work. Whenever the Company shall cause any
opening or alteration to be made in any of the streets or public places within the franchise
area for the purpose of installing, maintaining, operating or repairing any equipment, such
work shall be completed at the Company's expense within a reasonable time and the
Company shall upon the completion of such work restore such portion of the streets or
other public places to as good or better condition as it was before the opening or alteration
was so made and will promptly remove any debris. Upon failure of the Company to perform
said repair or restoration, after twenty (20) days' notice provided in writing by the City to the
Company, the City may repair such portions of the sidewalk, street, lawn, landscaping or
swale that may have been disturbed by the Company and collect the cost so incurred from
the Company. The City shall promptly provide to the Company all permits, licenses and
other authorizations reasonably necessary for the purpose of installing, maintaining,
operating and repairing the system and facilities. If the CITY shall require the COMPANY to
adapt or conform its mains, service pipe or other appurtenances, or in any way alter,
8
relocate or change its property to enable any other private person or corporation to use
said street, alleys, easements or public places, the Company shall be reimbursed by the
private person or corporation desiring or occasioning such change for any loss, cost or
expense caused by or arising out of such change, alteration or relocation of the Company's
property.
Section 16. Interruption of Service. In the event the supply of gas should be
interrupted or fail by reason of any cause beyond the control of the Company, the Company
shall, at its own expense, restore the service within a reasonable time and such interruption
shall not constitute a breach of this franchise nor shall the Company be liable for any loss
or damages by reason of such interruption or failure. Failure to restore service within a
reasonable time shall be a material breach of this franchise. Any substantial outage
caused by the gross negligence or willful act of Company shall be a material breach of this
franchise.
Section 17. Metering of Service. The Company shall install and maintain meters
for measuring gas use, and shall have free access to the premises of the consumer, from
time to time, for the purpose of reading, repairing, testing and maintaining the meters and
appurtenances. Such meters shall remain the property of the Company.
Section 18. Complaints. All complaints shall be resolved by Company in
accordance with the Florida Public Service Commission rules and regulations.
Section 19. Surrender of Rit:lhts. As a further consideration for the granting of the
rights, privileges and franchises granted hereby, the Company surrenders all rights,
privileges and franchises heretofore granted by Dade County in the franchise area for any
9
of the purposes stated in this Ordinance and now enjoyed by the Company in the franchise
area; provided, however, that such surrender shall not be effective unless and until this
Ordinance shall be finally adopted and in effect and the rights, privileges and franchises
granted hereby shall be validly in force and effect.
Section 20. City's Ri.qht to Re.qulate Use of Streets not Abro.qated Nothing in
this Ordinance shall be construed as a surrender by the City of its right or power to pass
ordinances regulating the use of its streets in accordance with City's police powers or
property rights.
Section 21. Written Acceptance by Company. The Company, its successors or
assigns, shall, within thirty (30) days after this Ordinance takes effect, file a written
acceptance of the Ordinance with the City.
Section 22. Repealer Provisions. All ordinances or parts of ordinances insofar as
they are inconsistent or in conflict with the provisions of this Ordinance are hereby
repealed.
Section 23. That this Ordinance shall take effect immediately upon adoption.
The foregoing Ordinance was offered by Councilmember , who
moved its adoption on first reading. This motion was seconded by Counciimember
, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
10
The foregoing Ordinance was offered by Councilmember
who moved its adoption on second reading, This motion was
Councilmember
follows:
seconded by
, and upon being put to a vote, the vote was as
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen --
Councilmember Harry Holzberg -
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder -- -
PASSED AND ADOPTED on first reading this
PASSED AND ADOPTED on second reading this
day of September, 1996.
day of October, 1996.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/ne
11
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council y~
Eric M. Soroka, Cit
September 12, 1996
Ordinance Providing Fee Schedule for Public Records Requests
1st Reading: September 17, 1996 City Council Agenda Item
2"d Reading: October 2, 1996
City Council Agenda Item
Recommendation
It is recommended that the City Council adopt the attached ordinance which provides a
fee schedule for copies of public records and related services provided to interested
parties requesting same.
Background
As you know, we continue to receive requests from citizens and interested parties for
copies of City documents, including full agenda packets for each meeting. In order to
accommodate these requests and provide additional services, i.e. notarial and
certification of documents, we are recommending that a fee schedule be established
providing for charges for these services.
State law sets forth limits for specific charges for certain documents and services.
Those charges have been incorporated in the attached ordinance and may, from time
to time as mandated by state law, be amended. We anticipate adding other services
and charges (fingerprinting, photo I.D., etc.) when the Police Department is fully staffed
and these services can be made available. The ordinance would then be amended
accordingly.
Should you have any questions, please feel free to contact me.
EMS/tms
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ESTABLISHING A SCHEDULE OF CHARGES
FOR PROVIDING COPIES AND/OR PHOTOCOPIES OF
CITY DOCUMENTS AND RELATED SERVICES;
PROVIDING A SCHEDULE OF FEES; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council and Administration have, from time to time,
received requests from residents and other interested parties for copies and
photocopies of documents and records related to the City of Aventura; and
WHEREAS, the City Council wishes to provide interested citizens with certain
services such as notarial, fingerprinting, certification of documents and other related
services; and
WHEREAS, the City Council finds it necessary and appropriate to establish a
schedule of fees for such services.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the schedule of fees attached hereto and made a part hereof
is hereby approved as the official fee for copies and services specified thereon.
Section2. That charges may, from time to time, be amended upon
recommendation by the City Manager or in accordance with State Statutes, subsequent
to approval by City Council.
Section 3. Severability. The previsions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
Ordinance No.
Page 2
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Councilmember , who moved
its adoption on first reading. This motion was seconded by Councilmember
, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur i. Snyder
The foregoing Ordinance was offered by Councilmember , who moved
its adoption on second reading. This motion was seconded by Councilmember
and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
2
Ordinance No.
Page 3
PASSED AND ADOPTED on first reading this 17th day of September, 1996.
PASSED AND ADOPTED on second reading this __ day of October, 1996.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
tms/9/ff 1/96
3
CITY OF AVENTURA
FEES FOR COPIES, PHOTOCOPIES AND RELATED SERVlCE,~
ANNUAL AUDIT ............................................................................................... $10.00
ANNUAL BUDGET
Bound ....... : ............................................................................................ $15.00
Per page .................................................................................................. $ .15
Double-sided ............................................................................................ $ .20
CERTIFICATION OF COPIES ........................................................................... $1.00
CITY CHARTER
................................................................................................ $ 5.00
CITY CODE BOOK* ....................................................................................... $200.00
SUPPLEMENTS* ......................................................................... Actual cost
plus $2.00 mailing and handling fee
MINUTES, VERBATIM* .................................................................................... $15.00
plus $5.00 per page
MISCELLANEOUS COPIES OF:
Ordinances, Resolutions, Documents, City Records
Memoranda or Items Not Specifically Listed Herein
Per page .................................................................................................. $ .15
Double-sided ............................................................................................ $ .20
NOTARY SERVICE ............................................................................................ $2.00
Free to residents with I.D.
TAPE RECORDINGS, COPIES OF
Per Cassette .......................................................................................... $10.00
*VVhen Available Ordinance No. 96-
ClTY OFAVENTURA
OFFICE OFTHE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council _~..~.
Eric M. Soroka, Cit~
September 13, 1996 ~
Solid Waste Collection Franchise Ordinance
First Reading: September 17, 1996
Second Reading: October 2, 1996
Council Agenda Item
Council Agenda Item
Recommendation
It is recommended that the City Council adopt the attached ordinance which
establishes the franchise process for solid waste haulers and the franchise fee
requirements.
Backqround
As previously discussed, the City is permitted to establish a process for issuing
solid waste collection franchises to private haulers. The attached ordinance
would award franchises on an annual basis to companies serving the City and
provide for the collection of a 10% franchise fee. The attached ordinance also
accomplishes the following:
All private haulers operating in the City would be required to obtain a
franchise from the City.
2. Sets forth the application requirements and operating procedures.
Allows current haulers who operated in the City prior to November 7, 1996 to
continue to provide service for a 90-day period until the application has been
approved or denied. However, they would be required to remit franchise fees
to the City.
4. Establishes customer service requirements.
5. In the event of a storm or emergency, all haulers would be required to assist
in the cleanup efforts.
As per the Council's direction at the Workshop Meeting, the ordinance has been
designed to provide for the annual award of franchises which provides flexibility
to the City in the event the Council desires to seek alternatives to service
delivery.
If you have any questions, please feel free to contact me.
EMS/tms
attachment
BFI (w/enc.)
Broward-Dade Sanitation, Inc. (w/enc.)
Waste Management (w/enc.)
Coastal Carting Corporation (w/enc.)
ORDINANCENO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING FOR THE ISSUANCE OF SOLID WASTE
COLLECTION FRANCHISES; REQUIRING FRANCHISE
FOR SOLID WASTE COLLECTIONS; IMPOSING
FRANCHISE FEE FOR SOLID WASTE COLLECTION
ACTIVITIES; AWARDING FRANCHISES TO CERTAIN
PERMITTED PRIVATE HAULERS; PROVIDING FOR
SEVERABILITY, PENALTY AND AN EFFECTIVE DATE.
WHEREAS, the City of Aventura (the "City") has the authority to require persons
and entities engaging in the business of the collection of solid waste in the City to obtain a
franchise from the City and to pay solid waste collection franchise fees imposed by the
City; and
WHEREAS, the City Council desires to issue such franchises and to impose such
franchise fees, as a percentage of gross receipts, as set forth in this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY
OF AVENTURA, FLORIDA AS FOLLOWS:
Section 1. The City of Aventura Solid Waste Franchise Ordinance is hereby
created to read as follows:
Section '1.01. Definitions.
The following words and phrases, when used in this
Ordinance, shall have the meanings ascribed to them in this
section.
(a) Commercial Establishment: Any structure used or
constructed for use for business operations. For purposes of
this Ordinance, hotels and motels are commercial
establishments. The term "commercial establishment" shall
not include any residential unit or multi-family residential
establishment.
(b) Customer: A person who uses the solid waste or
recycling services of a Private Hauler.
(c) Multi-family Residential Establishment: Any structure
other than a residential unit which is used, or constructed for
use, as a multiple dwelling facility. Multi-family residential
establishments shall include, without limitation, rooming
house, tourist court, trailer park, apartment building with rental
or cooperative apartments, or multiple story condominiums
with common means of ingress and egress.
(d) Franchisee: The named person who obtains a franchise
from the City pursuant to this Ordinance.
(e) Person: Any natural person, individual, public or private
corporation, firm, partnership, association, joint venture,
municipality, or any combination of such, jointly or severally.
(f) Private Solid Waste Hauler (Collector); Private Hauler;
Hauler: Any person, entity, corporation or partnership that
removes, collects and transports for disposal for hire any solid
waste over the streets or public rights-of-way within the
incorporated area of the City.
(g) Residential Unit: Any structure which is used, or
constructed for use, as a single-family dwelling, duplex,
cluster house or townhouse, and which is located on a single
lot, parcel or tract of land. For the purposes of this chapter,
any condominium structure composed of privately-owned,
single family housing units with separate means of ingress of
egress and containing no more than two stories shall be
considered a residential unit. The term "Residential Unit"
shall not include any multi-family residential establishment.
(h) Solid Waste: Garbage, trash, litter, yard trash, hazardous
waste, construction and demolition debris, industrial waste, or
other discarded material, including solid or contained gaseous
material resulting from domestic, industrial, commercial,
mining, agricultural or governmental operations.
(i) Solid Waste Disposal: Disposition of solid waste by
means of combustion, land filling or other final method of
discard.
Section 1.02.
Franchise Required by the City for
Solid Waste Collection.
(1) It shall be unlawful for any Person to remove, collect and
transport for disposal from any Commercial Establishment,
Multi-family Residential Establishment or Residential Unit in
the City, Solid Waste or recyclable material over the streets or
public right-of-way within the incorporated area of the City
without first applying for and receiving the appropriate Solid
Waste Franchise from the City to carry on such business.
(2) The Franchise required by this section shall be in addition
to any other permits, registration or occupational license
which may be required by federal, state or local law.
Section 1.03.
Application for Franchise.
Applications for a Franchise shall be made to the City upon
such form and in such manner as shall be prescribed by the
City Manager, said form to elicit the following information and
to be accompanied by supporting documents and such other
information as may be required by the City Manager from time
to time:
(a)
Name of applicant, if the applicant is a partnership or
corporation, the name(s) and business address(es) of
the principal officers and stockholders and other
persons having any financial or controlling interest in
the partnership or corporation. Provided, however, that
if the corporation is a publicly owned corporation
having more than twenty-five (25) shareholders, then
only the names and business addresses of the local
managing officers shall be required.
(b)
Character of applicant. The applicant for a permit
under this section, if an individual or in the case of a
firm, corporation, partnership, association or
organization, any person having any financial,
3
(c)
controlling or managerial interest therein, shall be of
good moral character. In making such determination,
the following information, which shall be submitted by
applicant, shall be considered:
(1)
Penal history. If the applicant is an individual, a
record of all conviction and the reasons therefor
shall be provided by the applicant. If the
applicant is other than an individual, then the
record of all convictions and the reason therefor
of the principal controlling officers of applicant
shall be provided. Provided, however, that in
the case of a publicly held corporation having
twenty-five (25) or more shareholders, then only
the aforementioned information applicable to its
local managing officers shall be required.
(2)
Business history. Whether such applicant has
operated a solid waste collection-removal
business in this or another state under a
franchise, permit or license and if so, where and
whether such franchise, permit or license has
ever been revoked or suspended and the
reasons therefor.
(3)
Existence of business entity. If applicant is a
corporation, applicant shall submit proof of
incorporation in good standing in the state of
incorporation and, if a foreign corporation,
applicant shall provide information certifying that
applicant is qualified to do business in the State
of Florida. If applicant is other than a
corporation and is operating under a fictitious
name, applicant shall be required to submit
information that such fictitious name is
registered and held by applicant.
Equipment and method of operation. The applicant for
a Franchise shall possess equipment capable of
providing safe and efficient service. In making such a
determination and approving the method of operation
for each applicant, the City Manager shall require the
following information:
(d)
The type, number and complete description of
all equipment to be used by the applicant for
providing service pursuant to this chapter.
(2)
A statement that the applicant will use Dade
County-owned facilities for disposing of all solid
waste which the applicant collects and removes,
or those facilities not owned by the County
which have been approved by the State
Department of Environmental Regulation.
(3)
The names of customers and addresses of
each location served. Franchisees applying for
renewals shall not be required to submit the
information specified in Section 1.03(c)(3)
above, but shall instead be required to submit
the information specified in Section 1.09.
Insurance requirements. The applicant for a Franchise
shall maintain insurance as specified herein and shall
furnish a public liability policy to the City and also file
with the City a certificate of insurance for all policies
written in the applicant's name. This certificate shall
provide that the policies contain an endorsement
requiring that the City shall be furnished with ten (10)
days' written notice by registered mail prior to
cancellation or material changes in the policies.
(1)
Comprehensive general liability. The applicant
shall carry in his own name a policy covering his
operations in an amount not less than three
hundred thousand dollars ($300,000.00) per
occurrence for bodily injury and Two hundred
thousand dollars ($200,000.00) per occurrence
for property damage liability.
(2)
Vehicle liability insurance. Applicants for a
permit shall maintain vehicle liability insurance
covering each vehicle utilized in the business of
solid waste collection and disposal in an amount
not less than one million dollars ($1,000,000.00)
combined single limit per occurrence.
(3) Liability of the City. The above insurance
requirements shall not be construed as imposing
upon the City or any official or employee thereof
any liability or responsibility for injury to any person
or property by the insured, his agents or
employees.
(e)
Customer List. The applicant for a Franchise shall
provide a list of existing customers in the City, service
levels and the fees charged for same.
(0
Proof of County and/or State Permits and Licenses.
The applicant for a Franchise shall provide proof of
county and/or state permits and licenses.
(g)
The completed application shall be submitted to the
City. Upon receipt of a completed application, the City
Manager or his designated representative shall review
said application and, if satisfactory in all respects, and
after payment of required application fee of One
Thousand ($1,000.00) Dollars, shall issue the
Franchise.
Section 1.04.
Denial of Franchise.
Should the City Manager deny an application for a Franchise,
he shall notify the applicant of such denial by certified mail not
later than fourteen (14) days after taking such action. The
notice of denial shall contain a statement of the reasons why
the application was denied.
Section 1.05.
Appeal from City Manager's denial of
Franchise; appeal from revocation of
Franchise under Section 1.11.
The denial or revocation of a Franchise by the City Manager
may be appealed to the City Council. The notice of appeal
shall be filed in writing with the City Manager no later than
fourteen (14) days after the receipt of the cedified letter
advising applicant of the denial or revocation.
The City Manager shall fix the date and time for hearing the
appeal. Said hearing shall be held not less then fourteen (14)
nor more than sixty (60) days after receipt of the notice of
appeal. The City Council shall either affirm the decision of the
City Manager or direct the City Manager to issue or reinstate
the Franchise.
Section 1.06.
Term of Franchise.
Franchises awarded pursuant to the provisions of this
Ordinance shall expire one (1) year from the date of issuance.
Section 1.07
Renewal of Franchise.
A Franchise may be renewed from year to year by the City
Manager. Any such renewal may be subject to the same
terms and conditions applicable to the issuance of the original
Franchise. The City Manager shall charge and collect
renewal permit fees in the amount of One Thousand
($1,000.00) Dollars.
Section 1.08.
Transfer of Franchise prohibited.
No Franchise for the collection of solid waste issued under the
previsions of this ordinance may be assigned or transferred.
In the event of any change in ownership and/or name of the
corporation or partnership, formal notification shall be given
the City Manager within thirty (30) days thereof.
Section 1.09.
Information required of Franchisee.
At least annually, but not more frequently than quarterly as
determined by the City Manager, each Franchisee shall
supply the following information on a form and in the manner
prescribed by the City Manager:
(a)
A listing, which is organized as prescribed by the City
Manager, as of the reporting date, of the names and
addresses of Customers, and the addresses of each
location served. For each customer on the list, the
Private Hauler will indicate the following: (1) whether
the Customer served is a Multi-family Residential or
Commercial Establishment; and (2) whether the
service provided is solid waste collection, recycling, or
a combination of both; and (3) a listing of those
materials being recycled at each Customer location;
and (4) the name of a Customer contact person who
can provide additional information regarding the
recycling program.
(b)
A summary of the number of tons of solid waste
collected quarterly based on scheduled service, as of
the reporting date.
(c)
A summary of the number of tons of recyclable
material collected and marketed quarterly, on a
schedule and format prescribed by the City Manager.
Section 1.10.
Disposal required at County-approved
facilities.
Any and all Solid Waste collected by a Franchisee within the
City shall be disposed of only at the solid waste disposal
facilities provided, operated and designated or approved by
the Dade County Department of Solid Waste Management
("County Facilities") and at no other location or facility except
those which have heretofore been approved by the
Department of Environmental Regulation. City may restrict
Franchisees to the use of County Facilities, if required by a
County/City Interlocal Agreement.
Section 1.11.
Revocation of Franchise.
(a) The following shall constitute cause for revocation of a
solid waste Franchise by the City Manager: (1) the violation
of any of the provisions of the Ordinance of City or the Code
of Metropolitan Dade County which violation endangers the
public health, safety or welfare; or (2) the violation of any of
terms or conditions of the Franchise; or (3) the failure to
promptly pay the Franchise fee provided for in this Ordinance.
(b) The City Manager may revoke a Franchise for a violation
or violations as aforementioned and may immediately declare
such Franchise null and void, and upon such declaration, the
Franchisee shall immediately cease all operation and shall be
considered to have forfeited said Franchise and the rights
8
acquired thereunder. Upon a determination by the City
Manager that a Franchise shall be revoked, the affected
person shall provided with written notice of such revocation
and the reasons therefor. Upon receipt of such notice, the
affected person may appeal said revocation to the City
Manager and the appeal and hearing thereon shall be
conducted in accordance with the procedures set forth in
Section 1.05.
Section '1.12.
Solid Waste Collection Franchise Fee
Payable to City.
It shall be unlawful for any Private Hauler operating in the City
to either collect, remove, or transport from properties in the
City solid waste for disposal without payment of a solid waste
Franchise fee to the City.
Commencing upon the effective date of this Ordinance, and
continuing monthly thereafter on the 15th day of each and
every month, each Private Hauler operating in the City shall:
a) file a report with the City Manager. The report shall
designate the names and addresses of each account located
in the City that was provided Solid Waste collection and
disposal service by the Private Hauler for the preceding
month. The report shall include the gross monthly solid waste
collection and disposal service fee receipts of all such
accounts, which report shall be subject to audit by the City;
and b) Simultaneously with the filing of such report, each
Private Hauler shall pay to the City a Franchise fee equal to
ten (10%) percent of the total gross monthly solid waste
collection and disposal service fee receipts of all of its
accounts which are located in the City, as reflected on each
monthly report.
An additional monthly surcharge, equal to one (1) percent of
total gross monthly service fee receipts for the preceding
month, as reported to the City Manager, shall be payable to
the City if the ten (10%) percent Franchise fee is not paid by
the 15th of the month by the Private Hauler.
Section 1.13.
Recordkeeping.
Each Private Hauler is hereby required to establish and
maintain appropriate records, showing in such detail as the
City Manager may prescribe, the amount of monthly solid
waste collection and disposal service fee receipts of each
account provided solid waste collection and disposal services
which is located in the City. All such records shall be open to
inspection by the City Manager or his duly authorized agent at
all reasonable times. The City Manager is hereby authorized
and empowered to promulgate from time to time such rules
and regulations with respect to the establishment and
maintenance of such records as he or she may deem
necessary to carry into effect the purpose and intent of the
provisions hereof.
Section 1.14.
Franchise Granted, County Permit Holders,
Others.
A. Each Private Hauler who has held a permit in good
standing from Metropolitan Dade County on or immediately
prior to November 7, 1995 (date of incorporation of the City)
pursuant to County Code 15-17 shall be allowed to continue
to provide service in the City for a ninety (90) day period until
a Franchise application has been approved or denied by the
City, so long as the Private Hauler meets all of the
requirements of this Ordinance.
B. Each Franchise awarded pursuant to this ordinance is
subject to compliance with all of the terms and conditions
hereof except that the Franchisee eligible under Sec. 1.14A
may supplement the documentary materials and information
which was provided by Franchisee to secure a permit from
Metropolitan Dade County to meet the application
requirements of this Ordinance, as determined by the City
Manager. This shall not waive the fee required by Section
1.03 (g)
C. The Franchise granted shall confer to Franchisee the
right to operate upon the public streets of City to provide the
Solid Waste collection services in accordance with the terms
hereof.
Section 1.15
Rates for Services.
Franchisee shall file with the City Manager a current copy of
l0
its rate schedule for services provided in the City. Such rates
must be fair and reasonable.
Section 1.16
Restoration.
The Franchisee agrees to repair all property, public or private,
altered or damaged by it, its agents or employees in the
performance of its services herein in as good or better
condition as it was before being damaged or altered.
Section 1.17
Compliance with Laws.
Franchisee shall conduct operations under this Ordinance in
compliance with all applicable laws.
Section 1.18
Services Provided.
Services provided by Franchisee shall comply with the City's
ordinance governing the time and frequency of Solid Waste
Collection and removal.
Section 1.19
Office and Collection Hours.
A. The Franchisee's office shall remain open Monday through
Friday from 8:30 a.m. to 5:00 p.m. for the purpose of handling
complaints; and for that purpose, there shall be maintained an
adequate number of telephones and a responsible person in
charge during the hours specified above. These
requirements do not apply on legal holidays.
B. Collections shall normally be made in residential areas no
earlier than 8 a.m. and no later that 7 p.m. (or as otherwise
prescribed by City) with no service on Sunday, except in time
of emergency or to maintain schedules due to Holidays.
Changes to these hours must be approved by the City
Manager.
Section 1.20
Collection Equipment.
The Franchisee shall have on hand at all times sufficient
equipment in good working order to permit Franchisee to
perform its duties hereunder fully, adequately, and efficiently.
Equipment shall be purchased from nationally known and
11
recognized manufacturers of garbage collection and disposal
equipment. Garbage collection equipment shall be kept
clean, sanitary, neat in appearance and in good repair at all
times. The Franchisee shall at all times have available to it,
reserve equipment which can be put into service and
operation within two (2) hours of any breakdown. Such
reserve equipment shall substantially correspond, in size and
capability, to the equipment normally used by the Franchisee
to perform its duties hereunder.
Section 1.21
Spillage and Lifter.
The Franchisee shall not litter premises in the process of
making collection, but shall not be required to collect any
waste material that has not been placed in approved
containers or in a manner herein provided. During hauling, all
solid waste shall be contained, tied or enclosed so that
leaking, spilling or blowing are prevented. In the event of
spillage by the Franchisee, the Franchisee shall promptly
clean up the litter.
Section 1.22
Storms and Other Emergencies.
In case of an unusually severe storm or disruption caused by
other severe emergencies not caused by Franchisee, City
Manager may grant Franchisee reasonable variance from
regular schedules. As soon as practicable after such storm or
other emergency, Franchisee shall inform the City of the
estimated time required before regular schedules and routes
can be resumed and, upon request of City Manager,
Franchisee shall provide notice to residential premises in the
service area. In event of a storm or emergency requiring
mass cleanup operations, Franchisee, shall, upon direction of
City, participate in said cleanup to the extent directed by the
City. Where it is necessary for the Franchisee and the City to
acquire additional equipment and to hire extra crews to clean
the City of debris and refuse resulting from the storm or
disaster, the Franchisee shall work with the City in all ways
possible for efficient and rapid cleanup.
Section 1.23
Nondiscrimination Provision.
The Franchisee agrees that it has adopted and will maintain
3.2
and enfome a policy of nondiscrimination on the basis of race,
color, religion, sex, age, handicap, disability or national origin.
Said nondiscrimination policy shall apply to employment
practices of the Franchisee and the provisions of services.
The Franchisee agrees that on written request, it will permit
reasonable access to its records of employment, employment
advertisement, application forms, and other pertinent data
and records by City for the purposes of investigation to
ascertain compliance with the non-discrimination provisions of
this franchise, provided, however, that Franchisee shall not be
required to produce for inspection any records covering any
period of time more than two (2) years prior to the date of this
franchise.
Section 1.24
Complaints.
All complaints shall be resolved by Franchisee within twenty-
four (24) hours. Franchisee shall supply the City Manager
with copies of all Customer complaints on a monthly basis
and indicate disposition of each. Such records shall be
available for inspection by City at all times during business
hours specified herein. The form shall indicate the day and
hours on which the complaint was received and the day and
hour on which it was resolved. When a complaint is received
on the day preceding a holiday or on a Saturday, it shall be
serviced on the next working day. The Franchisee shall
establish procedures acceptable to City to insure that all
Customers are notified as to the complaint procedure.
Section 1.25
Franchise Non-Exclusive
A. Any Franchise granted by this Ordinance is non-
exclusive, and City reserves the right to award additional
Franchises or utilize other Solid Waste collection programs.
B. Nothing herein shall authorize collection of Solid Waste
in areas of the City serviced by Dade County prior to
November 7, 1995 without specific approval of the City.
Section 1.26
Rights Reserved.
City reserves the right to adopt ordinances regulating the
services provided hereunder.
13
Section 1.27
Surrender of Rights.
As a further consideration for the granting of the rights,
privileges and franchises granted hereby, the Company
surrenders all rights, privileges and franchises heretofore
granted by Dade Couny in the franchise area for any of the
purposes stated in this Ordinance and now enjoyed by the
Franchisee in the franchise area; provided, however, that
such surrender shall not be effective unless and until this
Ordinance shall be finally adopted and in effect and the rights,
privileges and franchises granted hereby shall be validly in
force and effect.
Section 1.28
City's Right to Regulate Use of Streets
not Abrogated.
Nothing in this Ordinance shall be construed as a surrender
by the City of its right or power to pass ordinances regulating
the use of its streets in accordance with City's police powers
or property rights.
Section 1.29
Effective Date.
This ordinance shall take effect immediately upon its final
passage and adoption. Each Franchise granted pursuant to
this Ordinance shall become effective when the Franchise
application is granted and Franchisee files with City its written
acceptance thereof in a form approved by the City Attorney.
Section 2. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
3_4
Section 3. Inclusion In the Code. It is the intention of the City Council, and it is
hereby ordained that the provisions of this Ordinance shall become and made a part of
the City of Aventura Code; 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. Penalty. Any person who violates any provisions of this ordinance
shall, upon conviction, be punished by a fine not to exceed $500 or imprisonment in the
County jail not to exceed sixty (60) days or both such fine and imprisonment. Each day
that a violation continues shall be deemed a separate violation. This ordinance shall be
subject to enforcement under the Local Government Code Enforcement Act, Chapter
162, F.S., as amended. Enforcement may also be by suit for declaratory, injunctive or
other appropriate relief in a court of competent jurisdiction.
Section 5. Effective Date. This ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Councilmember , who moved its
adoption on first reading. The motion was seconded by Councilmember
, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Councilmember , who moved its
adoption on second reading. The motion was seconded by Councilmember
and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this __ day of September, 1996.
PASSED AND ADOPTED on second reading this __ day of ., 1996.
ARTHURI. SNYDER. MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY A'I-FORN EY
16
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council y~r
Eric M. Soroka, Cit
September 13, 1996
Ordinance Providing for the Establishment of Building Permit and
Development Review Fees
Ist Reading September 17, 1996 City Council Agenda Item
2nd Reading October 2, 1996 City Council Agenda Item
Recommendation
It is recommended that the City Council adopt the attached Ordinance which provides
for the establishment by Resolution of building permit and development review fees to
be charged by the City.
Back,qround
We are in the process of establishing the various building permit fee schedules and
development review fee schedules to be charged by the Community Development
Department. In order to adopt the fee schedules by Resolution, the attached Ordinance
was prepared for Council consideration.
The actual fee schedule Resolution will appear on the October 2, 1996 agenda to
coincide with the second reading of this Ordinance.
If you have any questions, please feel free to contact me.
EMS/ne
Attachments
CC0089-96
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
PROVIDING A FEE SCHEDULE FOR BUILDING PERMIT
FEES; PROVIDING A FEE SCHEDULE FOR ZONING AND
PLANNING APPLICATIONS; PROVIDING FOR SAVINGS
CLAUSE, SEVERABILITY, INCLUSION IN THE CODE AND
AN EFFECTIVE DATE.
WHEREAS, the City is authorized by state law to provide for fees for the issuance
of building permits and for the consideration and processing of applications for zoning
and planning approvals, including re-zonings, variances, appeals of administrative
interpretations and other building, zoning and planning regulatory services provided by
the City; and
WHEREAS, pursuant to Sec. 8.03 of the City Charter, the Building and Zoning fee
schedules provided by Metropolitan Dade County have previously been utilized by the
City for the purpose of determining the applicable fees for building permits and zoning
applications; and
WHEREAS, the City Council finds that it is necessary to implement a mechanism
to enable the City to establish and adjust, from time to time, the applicable building permit
and zoning and planning application fees; and
WHEREAS, the City Council finds that this ordinance shall accomplish such
purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:
Ord. No. 96-
Page 2
Section 1. The City is hereby authorized to impose fees for the issuance of
building permits, provision of inspections, issuance of certificates of completion or
occupancy and related services of the Community Development Department. Such fees
shall be set and may be amended from time to time by resolution of the City Council
following a public hearing.
Section 2. The City is hereby authorized to impose fees for the filing and
processing of zoning and planning applications, including applications for variances,
rezonings, comprehensive plan amendments, appeals of administrative interpretations
and other zoning or planning related services provided by the Community Development
Department. Such fees shall be set and may be amended from time to time by
resolution of the City Council following a public hearing.
Section 3. Savings Clause. The building permit and zoning and planning
application fees provided by this ordinance shall replace the building permit and zoning
and planning application fees previously provided by administrative order of Metropolitan
Dade County for building, zoning and planning services, as made applicable by City
Charter Section 8.03.
Section 4. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
Ord. No. 96-
Page 3
notwithstanding the invalidity of any part.
Section 5. Inclusion in the Code. It is the intention of the City Council, and it is
hereby ordained that the provisions of this Ordinance shall become and made a part of
the Code of Aventura, Florida; 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 6. Effective Date. This Ordinance shall be effective upon adoption on
second reading.
The foregoing Ordinance was offered by Councilmember
who moved its adoption on first reading. This motion was seconded by Councilmember
, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patri¢ia Rogers-Libert
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Councilmember
who moved its adoption on
Councilmember
follows:
second reading. This motion was seconded by
, and upon being put to a vote, the vote was as
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Ord. No. 96-
Page 4
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this day of
,1996.
PASSED AND ADOPTED on second mading this
,1996.
day of
Arthur I. Snyder, Mayor
ATTEST:
Teresa M. Smith, CMC, City Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Council ~~e
Eric M. Soroka, Ci r ~
R°bert M' Sherman, ~c,~r °f Community Serw~s~-'~- '~ .
September 12, 1996
Lehman Causeway Improvement Projects:
North Side Traffic Barrier and South Side Sidewalk Improvements
Attached hereto for your review and approval are the Work Authorizations for the City
Engineers (Keith and Schnars, P.A.) to provide design, engineering, survey, contract
bidding and construction management services for the aforementioned projects. The
proposed time frame for design is ninety (90) days. The total fee for their work is:
Work Authorization No. 15414.06 Traffic Barrier:
Work Authorization No. 15414.07 Sidewalk Improvement:
Total Engineering Fees for Both Projects:
$25,140.00
25.110.00
$ 50,250.00
A brief synopsis of these projects is as follows:
Traffic Barrier (Project No. 15414.06):
This project comprises installing a wooden post and rail barrier on the North Side of the
Lehman Causeway to protect pedestrians from the westbound traffic. The proposed
barrier will span the length of the acceleration/deceleration lane. Because this project
is within the Florida Department of Transportation right-of-way, this project will require
FDOT approval. The projected construction cost will be approximately $170,000.
Sidewalk Improvement (Project No. 154'14.07):
This project comprises installing an eight foot wide asphalt walkway and twelve foot
drainage swale on the south side of the Lehman Causeway. The proposed sidewalk
will begin on the southeast corner of the intersection and continue eastward to the
Mystic Point building. The feasibility of expanding the bus pull-out lanes will also be
studied. This project also involves acquiring right-of-way and easements for the
City Council
September 12, 1996
Page 2
drainage swale. The project will also require FDOT approval. The projected
construction cost will be approximately $55,000.
In order to go forward with these important projects, City Council approval is required to
authorize these engineering fees. I recommend approval of the attached Work
Authorizations. If you have any questions, please feel free to contact me.
RMS~f
Attachment
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 15414.06 TRAFFIC BARRIER, AND
WORK AUTHORIZATION NO. '15414.07 SIDEWALK
IMPROVEMENT FOR PROFESSIONAL ENGINEERING
SERVICES BY AND BETWEEN THE CITY OF AVENTURA
AND KEITH AND SCHNARS, P.A.; AND PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section I. The City Manager is hereby authorized to execute the attached
Work Authorization No. 15414.06 ($25,140) for the traffic barrier project and Work
Authorization No. 15414.07 ($25,110) for the sidewalk improvement project for
professional engineering services by and between the City and Keith and Schnars, P.A.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember
its adoption. The motion was seconded by Councilmember
, who moved
, and upon being
put to a vote, the vote was as follows:
Resolution No.
Page 2
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 17th day of September, 1996.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
WORK AUTHORIZATION NO. 15414.06
The City of Aventura has requested Work Authorization No. 15414,06, as provided for in
the agreement between the City of Aventura and Keith and Schnars, P.A. and approved
by the City Commission on August 20, 1996.
This Work Authorization No. 15414.06 provides for technical services in accordance with
Articles 3 and 4 of the agreement as further detailed in the scope of services in Exhibit A.
Payment for such services shall be in accordance with Article 5 of the agreement.
Total estimated labor expenses are $24,040.00
Total estimated reimbursables are $1,100.00
The time period for this work authorization will be 90 days.
ATTEST
BY
City Clerk
Teresa M. Smith
APPROVED AS TO FORM
BY
City Attorney
Weiss~Serota~Helfman. P.A.
CITY:
CITY' OF AVENTURA, FLORIDA
through its City Manager
BY
City Manager
Erie M. Soroka
__ day of ,19
Notice to Proceed ~ Yes No
Project Initiation Date
RECOMMENDED through its
Director of Community Service
BY
Director of Community Service
_Robert M. Sherman
day of __ ,19~
3857717690 KSITH g ~CHH~$ P.~. ~-684 T-249 P-812.-'813 SEP 18 ~96
KEITH and 8CHNAR8, P.A. --i
ITEM ~REAK DOWN
OPINION 0~- CONSTRUCTION COST
CONCEPT PHASE
P~jeCt AVENTURA N.E. 192 ST.
Projecl No. ~;414
09/09/98
REVISED: 09f10/g6
-~.iN0__. IIEM I UNIT! QT¥ UNITPRICE SUBT-(~TAL
NORTH SERVICE ROAD TRAFFIC BARRIER PHASE I
J
WOOD RAIL TRAFFIC BARRIER CONCEPT PHASE 1
DEMOLITION ASPHALT (400 S.Y.) LS I $2,000.00 $2,000.00
DEMOLITION'LANDSCAPING LF 1200 $0.25 $300.00
WOOD RAILING MB FT 0.5 ,$,5,000,00 $2,500.00
WOOD POST (QNTY 200) MB FT 1.125 $5,000.0~0~ _. $5.525.00
POST DETAILING EA 200 $100,00 $20,000.00
STEEL RAIL BACKING KIPS 9.1875 $4,755._0~0 __
STEEL SPLICE PLATE ~IP_~S. ...... 3.12375 $4,755.00 $14,853.43
BOLTS EA 3160 $2,50 $7,900.00,
PAVING $Y 400 $7.94 $3,175.00
!(NO TREES~
~-- IRRIGATION-5' LANDSCAPE STRIP SF 6000 $0.42 $2,520.00
(SUB-SURFACE) ~3.~
MAIN LINE LF 2000 ...... $6,00Q.00~
IRRIGATION PUMP STATION ,LS ,..1. ..... ~$10,8. 00,__~ $10,800,00~
._, (~HP STATION, ELEC CONN., WELL) ..............
MAINTENANCE OF TRAFFIC LS 1 $15,705.72 $15,705.72
CONTINGENCY LS 1 $21,988.01 $21,988.01
DRAFT
Exhibit A
Work Authorization No. 15414.06
Traffic Study Barrier - Country Club Drive
Scope of Consulting Services
between
The City of Aventura, Florida
and
Keith and Schnars, P.A.
August 28, 1996
Exhibit A
WORK AUTHORIZATION NO, lS414.06
TRAFFIC STUDY BARRIER - COUNTRY CLUB DRIVE
SCOPE OF CONSULTING SERVICES
The CONSULTANT proposes to provide professional services associated with the
construction of a traffic safety barrier along Country Club Drive in the vicinity of the Lehman
Causeway. The CONSULTANT shall prepare alternate designs for the proposed traffic
safety barrier and based on approval by the City of Aventura, proceed with the design of
final construction plans and specifications for the traffic safety barriers. In addition, the
CONSULTANT shell proceed at the City of Aventura's request with the bidding of this Work
and recommend to the City of Aventura the lowest competent bidder for the work. In
addition, CONSULTANT shall provide construction services relating to the construction of
the proposed safety barriers.
1.0 Suweying Services:
1.01 Engineering Design Survey
CONSULTANT shall conduct an engineering design survey along the
westbound slip ramp off of the WilJiam Lehman Causeway. The survey limits
will be approximately 1,200 feet and will extend along the tength cf the
southerly Iimits of the Tumberry Isle Country Club. The services entail fietd
locations of the following:
North edge of pavement of the sJip ramp;
The existing sidewalk along the north side of the slip ramp;
Utility featuras within the survey area.
Additionally, elevations will be determined at 100-foot cross-section intervaJs
throughout the survey limits.
Office services include preparation cf base sheets depicting the field
locations and existing right-of-way lines. The base sheets will be prepared
at a 1" - 40' scale or as directed by ~he design engineer. All surveying
services will be performed in accordance with Rule 61G17-6 of the Florida
Administrative Code.
2.0
Conce_~tual Desla_n
2.01 The CONSULTANT shall meet with the City of Aventura to clarify and define
the City's requirements for the project.
2.02
Advise the City of Aventura as to the necessity of the City provfding or
obtaining from others data or services for the completion of this project and
assist the City in obtaining such data and services.
2,03 Prepare schematic layouts and sketches w th appropriate exhibits to indicate
clearly the a!ternates for this project.
2.04 Evaluate each design for conformance with existing engineering design
standards.
2.05 Prepare a construction cost estimate of the various alternatives.
Preliminary Design Phase
After written authorization to proceed with the preliminary design phase, the
CONSULTANT shall:
2.06 Identify and analyze the requirements of governmental agencies having
jurisdiction to approve the design of the project.
2.07 Prepare preliminary design documents consisting of final design criteria and
preliminary drawings.
2.08 Proceed with the design of the recommended alternative.
2.09 Prepare construction cost estimate for the selected alternative.
After written authorization to proceed with the final design phase, the CON-
SULTANT shall:
2.10
2.11
Based on the accepted preliminary design documents, prepare for incor-
poration in the contract documents, final drawings to indicate the general
scope extent and charac:er of the work to be furnished.
Provide technical criteria, written description and design data for the City of
Aventura for use in filing sCplJcations for permits witl~ or obtaining approval
of such governmental agencies h" ' '
the project. Cv ng junsd~ctJon to approve Ihe design of
2.12 Prepare an adjusted construction cost estimate for the general scope extent
and character of the design requirements for the project.
2.13
Prepare for review and approval by the City of Aventura, its legal counsel
and other advisors contract agreement forms, general conditions and
supplemental conditions, bid forms, invitation to bid and instruction to bidders
to assist in the preparation of other related documents.
Blddlngand Ne_ootlatin_a Phase
After written authorization to proceed with the bidding and negotiating phase, the
CONSULTANT shall:
2.14
Assist the City of A~rentura in advertising for and obtaining bids, assist the
City with negotiating proposals for the proposed project. CONSULTANT.will
advise the City of Aventura as to the acceptability of contractors and pro,,ida
a recommendation for award.
2.15 prepare bid tabulation sheet and assist the City of Aventura in evaluating the
bids and proposals submitted for the project.
The CONSULTANT shall provide construction observation services necessary to
certify tO the regulatory agencies that the construction work has been completed in
substantial compliance with the approved documents and permits.
Services included in this item are described as follows:
2.16
~: The CONSULTANT will review shop drawings, samples,
other data and reports w..hich the selected contractor is required to submit for
review, but only for the conformance with design concept of the project and
compliance with the information given on the design drawings. Such review
shall not extend to means, methods, techniques, sequence or procedures of
construction or to safety precautions and programs incident thereto.
2.17
~: CONSULTANT sha{i make visits to the sfte at intervals ap-
propriate to the various stages of construction as CONSULTANT deems
necessary in order to observe as an experienced and qualified design
professional to review the progress and quality of the various aspects of the
contractor(S)'S work.
2.18
Insoection.~ and Tests: The CONSULTANT sf~all observe the utility testir~g
required in final certifica¢cn to certify to the responsible utility entity (the
actual testing will be by otl~ers).
2.19
2,20
Construction Observation: Service stlall include coordination with con-
tractor(s) and responsible utility entity to facilitate construction of the
improvements contained in the design plans including any preconstruction
meetings. Inspections will be performed as required for permits, record
drawings and final utility certification.
~: The CONSULTANT will prepare the final certification and
process record drawings for the design from ~he survey information to be
supplied by the contractor.
-~OJEcT
tIBER 15414
WOR~ AUTHORIZATION
NUMBER 15454.06
TASK NAME: ENGINEERING DESIGN SURVEY
TASK ~ HOURLY PROPOSAL
, CLASSIFICATION HOURS RATE DOLLARS
~ Proje~ M~agm ~,~
19 Pfol~lon~ E~eer (p.E. ~ ~
25 Te~en II $60.~
~TOTAL ~URS -
~TOTAL DOL~ I ~ - -
PROJECT
MANAGER: Peter R Gallo
DEPT. CODE: 05
REIMBURSABLE E)~PENSES:
SUSCONSULTANT A
SUBCONSULTANT B
SUBC}ONSULTANT C
SUBOONSULTANT D.
PERMIT FEES
TRAVEL
EQUIPMENT/SUPPUES
PRINTS & GRAPHICS
RELATED
EST. COST PRINT NO.
$ $
A. TOT~4. REIMBURSABLE EXP
DIRECT EXPENSES:
SUBCONSU LTANT A
SUBCONSULTANT 8
SUBCONSULTANT C
SUBCONSULTANT D
BLUEPRINT/REPROS
PERMIT FEES
MEALS
EQUIPMENT/SUPPIJES
B, TOTAL DIRECTEXPEt~SES
C. TOTAL DIRECT LABOR
TOTAL BUDGET
PREPARED BY: PRG
APPROVEO BY: PRG
(Dep[ Dlre=~tI
$4,2S0.00 T&M
$4,250.00
DATE: 8/26~J6
OATE: 8/26F36
PROJECT
NUMBER t54t4
WORK AUTHORIZATION
NUMBER 15414.06
TASK NAME: CONCEPTUAL DESIGN PHASE
TASK ~ HOURLY PROPOSAL
CLARIFICATION HOURS~ RATE DOLLARS
04 Comm~mlt~f ~
08 E ~/,1 e mleJF in~c~al A na.~
09 Scie~Sst I
13 F~d Re.~e~,e~ta~ve
1s Pl ..-
17 ~ E~er
18 ~oJ~ M~ I
~ S~t M~ .
~r
~ T~b~clan I
~ Tr~U~ ~er~~.~;
32 S~lm F~d R~ve ~ ~ n~
42 SU~ p~
TOTAL HOURS 7E
TOTAL OOL~
PROJECT
MANAGER: Pe~e~ R. GeiCo
DEPT. (X~*DE: 05
RE/]I~I~URSABLE E]~.HSES:
SUBCONSULTANT A
SUBCO'NSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
PERMIT FEES
TRAVEL
EGtJIPbIENT/SUPPLf ES
PRINTS & GRAPHICS
RELATED
EST. COST PRINT NO,
$
A. TOTAL REIM'BURSAGLE EXP
I~RECT E~NeES:
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUr~CONSULTANT D
BLUEPRINT/REPROS
PERMIT FEES
MEALS
EQUrPMENTfSUPPUES
TOTAL DIRECT EXPENSES
C. TOTALDIRECT LABOR
TOTAL BUDgeT
(A~-B+C)
PREPARED BY: PRG
APPROVED BY: PRG
(Dept.
T&M
DATE: 8/26/96
DATE: 8,26/96
WORI( AUTI IORI ZA'[IO NI
__ NUMBER 15~14o6
TASK UAME: CONCEPT AL DESIGN PHASE
iProposal Plel:
Economic/Fir
;~3~s.?~E'
TOTAL I K~t)RS
~.] OTA~: f_.~3~.l Ans
TASK I HOURLY PROPOSAL
_ ;L~.A~S SI~FJ _CA~ON HOURS
~?_~l~a~s~ ~ $7S.0C
~ ............. ~ .s.oo
$~.00
.....
PROJECT
AMkNAGER: Peter R, Gallo
DEPT. CODE:
REI~IBURSABLE EXPENSES:
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
PERMIT FEES
TRAVEL
EQUIPMENT/SUPPUES
PRINTS & GRAPHICS
A. TOTAL REIMBURSABLE EXP
DIRECT EXPENSES:
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
BLUEPRINT/REPROS
PERMIT FEES
MEALS
EQUIPMENT/sUPPLIES
e. TOTAL DIRECTEXPENSES
C. TOTAL DIRECT LA~OR
TOTAL BUO~ET
(A+B+C)
PREPARI~D BY: PRO
RELATED
EST. COST PRINT NO.
~6,280,00 T&M c
$6,7'80.00 O
DATE: 8/26/9~
APPROVED BY: PRG
(DepL Olre~or)
DATE: 8/26/96
WORK AUTItORIZATION
NUMBER ! 5414.06
NAME: P,qE[IMINARY DES CN PHASE
T),~K ~ HOURL. Y PROPOSAL
C L^S_S!F~IC~t?.JOi'J HOURS RATE ~RS
iN ~on ~ $60.0~
~1, ~ ~5.~
~ ~,c~c2 (~L~ ~ ~s.~
~? ....
~ject E~ ~
?~ ~t~n ~ . S6s.~
~Y~Y~ Quote
........
PROJECT
MARAGER: Peler R. Gallo
DEPT. ~ODE: 05
c
PAGE 2 OF 6
REIMBURSABLE EXPENSES:
SUr~CONSULTANT A
S UBCONSULTAI,/T j~
SUBCONSULTANT C
8UBCONSULTANT D
PERMIT FEES
TRAVEL
EQUIPMENT/SUppLiES
PRINT~ & GRAPHICS
TOTAL REIMBURSABLE EXP
DIRECT EXPENSES:
SUBCONSULTAt4T A
SUSCONSULTAJCT B
SUBCONSULTANT C
SUSCONSUI.TANT D
$LUEPRIAFDflEPROS
PERMIT FEES
MEALS
EOUIPMENTtSUPPLIE$
B. TOTAL DIRECT EXPENSES
C. TOTAl. DIRECT LABOR
TOTAL BUDGET
(A+B+C)
PREPARED BY: PRG
APPROVED BY: PI:IQ
(Dept. Difoclm)
RELATED
EST, COST PRINT NO,
$ $
$1e0.0o ~
$2,880.00 T&M ~
cr
DATE: 8/26/9~
OA~: 8/2~/96
TASK flAME FfNAL DESIGN PHASE
TASK HOURLY PROPOSAL
'S~SU:!c-.ATION__ HOURS RATE DOLLARS
.... ~ $35.0(
$75.0~
· f~ct (RLA ~ ~5.O0
s~r~ ~5.00
:43
PHOJECT
MANAGER; Peter R. Gallo
DEPT, CODE: O~
r-. '~(E!TH e~d~RS, P.A...: ::.
PAGE 3 OF 6
REIM~URSAgLE EXPENSES: EST, COST
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SU~CONSULTANT D
PERMIT FEES
TRAVEL
EQUIPMENT/SUPPLIES
PRINTS & GRAPHICS $300.00
A. TOTAL REIMBURSABLE EXp
D~RECT EXPENSES:
8UBDONSULTA~T A
SUSCONSULTANT B
SUBCONS ULTANT C
SURCONSULTANT D
BlUEpRINT/RE PROS
PERMIT FEES
MEALS
EQUIPMENT~SUPPLIES
E. TOTAL DIRECT EXPENSES
C. TOTAL DIRECT LABOR
TOTAL BUDGET
PREPARED BY: PRG
APPROVED By: PRO
(Dept. Di~ectol)
$30~.00
$4,~O0.00
~4,~.00
DATE: 8/26/96
DATE; 8/26/96
RELATED
PRIHT NO.
$
~RVJEC¥
WORK AUTHORIZATION
__ NUMBER 154t4.o6 -
TASK NAME: BIDCIh~G & 'HASE
TASK ~ HOURLY PROPOSAL
HOURS RATE DOLLARs
$35.0~
~"
~..., $~:~
$8S.~ $I.~ ~ ~
'
~ $~
PROJECT
MANAGER:
DI~PT. CODE: 05
REIMBURSABLE EXPENSES:
SUBCONSULTANT A
SU BCONSULTANT B
SUBCONSULTANT C
SUSCONSULTANT D
PERMIT FEES
TRAVEL
EQUIPMENT/SUppLIES
PRINTS & GRAPHICS
A. TOTAl. REIMBURSABLE EXP
DIRECT EXPENSES:
SUBCONSULTANT A -
SUBCONSULTANT B -
SUBCONSULTANT C
SUBCONSULTANT D
BLUEPRINT/REPROS
PERMIT FEES
MEALS
EQC~PMENT/SUPPLIES
B, TOTAL DIRECT EXPENSES
C, TOTAL DtRECT LABOR
TOTAL BUDGET
PREPARED BY: PRG
APPROVED BY: PRG
(Dept.
RELATED
EST. COST PRINT NO,
$
WORK AUTtIORIZATIO.kl
-- NUMBER 15414.06
7ASK NAME: CONSTRUCTION p
'06 CAI3D C~
:30
;43 S.p~c
TASK ~ HOURLY PROPOSAL
;-LASSIEICATIO/,} HOURS [.~1~ RATE DOLLARS
$7S.00
~gar ~ ~ $8S.o0 $s2o. o~
........ ~ $60. OC
....... _
PROJECT
MANAGER; Peter R. G=lro
DEPT. CODE: 05
RENdlSURSABLE EXPENSES.' EST. COST
SUBCONSULTANT A $
SUBCONSULTANT B
SUBCoNSULTANT C
SUBCONSULTANT D
PERMIT FEES
TRAVEL ·
EQUIPMENT/SUPPLIES
PRINTS & GRAPHICS
RELATED
PRINT NO.
$
A. TOTAL REIMBURSABLE EXP
DIRECT EXPEN.~.S:
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUSCONSULTANT D
BLUEPRINT/REPROS
PERMIT FEES -
MEALS
EQU'IPM ENT/SU ppLIES
B. TOTAL DIRECT EXPENSES -'
C. TOTAL DIRECT~ABOR
TOTAL BUDGET
(A+B+C)
PREPARED BY: PRG
APPROVED BY: PRG (Dept. Dim~,r)
$3,1E0.00
$3,150.00
DATE: e~*z6/96
DATE: 8/2~/9 6
T&M ~
WORK AUTHORIZATION NO. 15414.07
The City of Aventura has requested Work Authorization No. 15414.07, as provided for in
the agreement between the City of Aventura and Keith and Schnars, P.A. and approved
by the City Commission on August 20, 1996.
This Work Authorization No. 15414.07 provides for technical services in accordance with
Articles 3 and 4 of the agreement as further detailed in the scope of services in Exhibit A.
Payment for such services shall be in accordance with Article 5 of the agreement.
Total estimated labor expenses are $24,210.00
Total estimated reimbursables are $900.00
The time period for this work authorization will be 90 days.
ATTEST
City Clerk
Teresa M. Smith
A P P R OV E D~,.~ R~,.~L/,
City Attorney
Weiss~Serota~Helsman
CITY:
CITY OF AVENTURA, FLORIDA
through its City Manager
BY
City Manager
Eric M. Sorok¢
__ day of
,19
Notice to Proceed Yes __ No
Project Initiation Date
RECOMMENDED through its
Director of Community Service
Director of Community Service
Robert M. Sherman
KEITH and SCHNARS, P.A.
ITEM BREAK DOWN
OPINION OF CONSTRUCTION COST
CONCEPT PHASE
Project AVENTURA N.E. 192 ST.
Project No, 15414
Date: 09/09/96
Description SOUTH SERVICE ROAD WALKWAY
NORTH SERVICE ROAD TRAFFIC BARRIER
CSI NO. ITEM j UNIT I QTY UNIT PRICE SUB TOTAL
SOUTH SERVICE ROAD WALKWAY I
I
DEMOLITION / GRADING ( 21840 SF) ILS 1 $7,500.00 $7,500.00
ASPHALT PATH 8' WIDE .SY 1617.78 $14.22 $23,004.80
IRRIGATION RENOVATION lEA. HEAD 76 $46.63 $3,543.50
I
SOD PROPOSED SWALE ISF 21840 $0.24 $5,241.60
ST. AUGUSTINE) SF I
SOD 5' AREA BETWEEN WALK & 9100 $0.16 $1,456.00
CURB (BAHIA) I
I
MAINTENANCE OF TRAFFIC ILS 1 $4,889.51 $4,889.51
CONTINGENCY ILS 1 $6,845.31 $6,845.31
i I
Exhibit A
Work Authorization No. 15414.07
Sidewalk Improvements - South Side Lehman Causeway
Scope of Consulting Services
between
The City of Aventura, Florida
and
Keith and Schnars, P.A.
August 28, 1996
Exhibit A
WORK AUTHORIZATION NO. 15414.07
SIDEWALK IMPROVEMENTS - SOUTH SIDE LEHMAN CAUSEWAY
SCOPE OF CONSULTING SERVICES
PREAMBLE
CONSULTANT proposes to provide professional services associated with the construction
of a pedestrian sidewalk along the south side of the Lehman Causeway access roadway.
The CONSULTANT shall prepare a typical section for the proposed sidewalk to be utilized
in this area and based on the approval by the City of Aventura, proceed with the design
of final construction plans for the proposed pedestrian sidewalk. In addition, the
CONSULTANT shall proceed at the City of Aventura's request with the bidding of this work
and recommend to the City of Aventura the lowest competent bidder for the work. The
CONSULTANT shall also provide construction services related to the construction of the
proposed sidewalk.
1.0 Surveying Services:
1.01 Engineering Design Survey
CONSULTANT shall conduct an engineering design survey along the
frontage road abutting the south side of the William Lehman Causeway
(N.W. 192nd Street). The length of the survey area is approximately 1,500
feet. The survey will commence at, and include, the intersection of West
Country Club Drive and proceed easterly along the frontage road along the
frontage road along the south side of the causeway. The width of the survey
will be 25 feet extending southerly from the south edge of the frontage road.
The services entail field locations of the following:
North and south edges of pavement of the frontage road;
Driveway openings;
Utility features;
Trees over 2 inch caliper;
Signage and permanent structures within the survey area.
Driveway openings will have additional elevations determined for tie-in con-
siderations. Office services include preparation of base sheets of 1" = 40'
scale (or as directed by the design engineer) depicting the field locations and
existing right-of-way lines and platted property lines. All surveying services
shall be performed in accordance with Rule 61F17-6 of the Florida Admin-
istrative Code.
2.0 Engineering Services
Conceptual Design Phase
2.01 The CONSULTANT shall meet with the City of Aventura to clarify and define
the City's requirements for the project.
2.02
Advise the City of Aventura as to the necessity of the City providing or
obtaining from others data or services for the completion of this project and
assist the City in obtaining such data and services.
2.03 Prepare schematic layouts and sketches with appropriate exhibits to indicate
clearly the alternates for this project.
2.04 Evaluate each design for conformance with existing engineering design
standards.
2.05 Prepare a construction cost estimate of the various alternatives.
Preliminary Design Phase
After written authorization to proceed with the preliminary design phase, the
CONSULTANT shall:
2.06 Identify and analyze the requirements of governmental agencies having
jurisdiction to approve the design of the project.
2.07 Prepare preliminary design documents consisting of final design criteria and
preliminary drawings.
2.08 Proceed with the design of the recommended alternative.
2.09 Prepare construction cost estimate for the selected alternative.
Final Design Phase
After written authorization to proceed with the final design phase, the CON-
SU LTANT shall:
2.10
Based on the accepted preliminary design documents, prepare for incor-
poration in the contract documents, final drawings to indicate the general
scope extent and character of the work to be furnished.
2.11
Provide technical criteria, written description and design data for the City of
Aventura for use in filing applications for permits with or obtaining approval
of such governmental agencies having jurisdiction to approve the design of
the project.
2.12 Prepare an adjusted construction cost estimate for the general scope extent
and character of the design requirements for the project.
2.13
Prepare for review and approval by the City of Aventura, its legal counsel
and other advisors contract agreement forms, general conditions and
supplemental conditions, bid forms, invitation to bid and instruction to bidders
to assist in the preparation of other related documents.
Bidding and Negotiating Phase
After written authorization to proceed with the bidding and negotiating phase, the
CONSULTANT shall:
2.14
Assist the City of Aventura in advertising for and obtaining bids, assist the
Citywith negotiating proposals for the proposed project. CONSULTANT will
advise the City of Aventura as to the acceptability of contractors and provide
a recommendation for award.
2.15 Prepare bid tabulation sheet and assist the City of Aventura in evaluating the
bids and proposals submitted for the project.
Construction Phase
The CONSULTANT shall provide construction observation services necessary to
certify to the regulatory agencies that the construction work has been completed in
substantial compliance with the approved documents and permits.
Services included in this item are described as follows:
2.16
~: The CONSULTANT will review shop drawings, samples,
other data and reports which the selected contractor is required to submit for
review, but only for the conformance with design concept of the project and
compliance with the information given on the design drawings. Such review
shall not extend to means, methods, techniques, sequence or procedures of
construction or to safety precautions and programs incident thereto.
2.17
Site Visits: CONSULTANT shall make visits to the site at intervals ap-
propriate to the various stages of construction as CONSULTANT deems
necessary in order to observe as an experienced and qualified design
professional to review the progress and quality of the various aspects of the
contractor(s)'s work.
2.18
Inspections and Tests: The CONSULTANT shall observe the utility testing
required in final certification to certify to the responsible utility entity (the
actual testing will be by others).
2.19
2.20
Construction Observation: Service shall include coordination with con-
tractor(s) and responsible utility entity to facilitate construction of the
improvements contained in the design plans including any preconstruction
meetings. Inspections will be performed as required for permits, record
drawings and final utility certification.
Final Certification: The CONSULTANT will prepare the final certification and
process record drawings for the design from the survey information to be
supplied by the contractor.
iPROJECT
iNUMBER 15414
WORK AUTHORIZATION
NUMBER 1541407
TASK NAME: CONCEPTUAL DESIGN PHASE
i TASK j~ HOURLY PROPOSAL
~ CLASSIFICATION HOURS RATE DOLLARS
Pr Prroposal Preparabon ~
0~ Admin Asst. $35.00
104 Community Liaison ~ $60.00
]05 CADD Operator ~ $65.00
i07 Scientist II $75.00
!~8 Economic/Financial Analyst ~ $75.00
9 Scientist I ~ $60.00
; 12 Graphic Designer~ $60.00
Landscape Architect (RLA) 2 ~ $85.00 $170.00
I 3 Field Representative ~ $55.00
i14 Landscape Designer 16~ $65.00 $1,040.00
I15 Planner (AICP) ~ $75.00
[16 .~%s s oc i_a. bep I_a? n e r ........ $60.00
17 Project Engineer/Designer ~ $65.00
L18 Project Manager I 16~ $85.00 $1,360.00
!19 Professional Engi~ne~er (P E.) ~ $85.00
20 Prof. Land Surveyor (P,LS. & Mapper) ~ $75.00
'~! Senior Project Manager 4~ $120.00 $460.00
2 Senior Member $175.00
~2[~3 Senior Project Engineer ~ $75.00
L~4 Project Manager II ~ $95.00
!25 Technician II~ $60,00
2~26 Project Manager III ~ $105.00
129 Technician I~ $55,00
.30 Transportation Ptanner $65.00
32 Senior Field Represe__ntative $60.00
42 Survey Pady $85.00
43 Spec Survey Party Quote
~ -- 36[
TOTAL DOLLARS ¢~;¢~?~ ~ ~/:~ ~;¢~ $3,050.00
PROJECT
MANAGER: Peter R. Gallo
DEPT. CODE: 05
[
I KEITH and SCHI~ARS; P.A
EN~INEER;P~NNI~RS ~ORvE~
PAGE 1 OF 6
REIMBURSABLE EXPENSES:
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
PERMIT FEES
TRAVEL
EQUIPMENT/SUPPLIES
PRINTS & GRAPHICS
RELATED
EST. COST PRINT NO.
$
$100,00
TOTAL REIMBURSABLE EXP
DIRECT EXPENSES:
SUBOONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
BLUEPRINT/REPROS
PERMIT FEES
MEALS
EQUIPMENT/SUPPLIES
$100.00
B. TOTAL DIRECT EXPENSES
C. TQTAL DIRECT LABOR
TOTAL BUDGET
(A+B+C)
PREPARED BY:PPG
APPROVED BY: PPG (Dept. Direc~r)
$3,050,00 T&M
$3.150.00
DATE: 8/26/96
DATE: 8/26/96
o4/ol/96
IPROJECT
NUMBER 15414
WORK AUTHORIZATION
NUMBER 15414.07
TASK NAME: PRELIMINARY DESIGN PHASE
CLASSIFICATION
Proposal Prepara~on
02 Admin Asst.
04 Community Liaison
J06 CADD Operator
Fo7 scientist Jl
0~98 Economic/Financial Analyst
Scientist I
!11 Graphic Designer
12 Landscape Architect (RLA)
13 Field Rapresenta~ve
14 Landscape Designer
15 Planner (AICP)
16 Associate Planner
17 Project E ngineer/Designer
18 Project Managerl
19 Professional Engineer (P.E.)
20 Prof Land Surveyor (P.LS. & Mapper)
!21 Senior Project Manager
22 Senior Member
~[~' Senior Project Engineer
~24 Project Manager II
25 Technician ti
!26 Project Manager Iii
i29 Technician I
~'30 Transportation Planner
?2 Senior Field Representative
[42 Survey Party
143 Spec Survey Party
TASK
HOURS
HOURLY PROPOSAL
RATE DOLLARS
$3506
$6ooc
$65.00
$75.00
$75.00
$60.00
$60.00
$85.0O
$55.00
$65.00
$75,00
$6O.OO
$65.00 $1,560.00
$85.00
$85.00 $2,040.00
$75.00
$120.00 $480.00
$175.00
$75.00
$95.00
$60,00
$105.00
$55.00
$65.0C
$60.0C
$85.00
Quote
[TOTAEHObRS
TOTAL DOLLARS
$4,080.00
PROJECT
MANAGER: Peter R. Gallo
DEPT. CODE: 05
PAGE 2 OF 8
REIMBURSABLE EXPENSES:
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
PERMIT FEES
TRAVEL
EQUIPMENT/SUPPLIES
PRINTS & GRAPHICS
RELATED
EST. COST PRINT NO.
$
$10000
A. TOTAL REIMBURSABLE EXP
DIRECT EXPENSES:
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
BLUEPRINT/REPROS
PERMIT FEES
MEALS
EQUIPMENT/SUPPLIES
$100,00
B. TOTAL DIRECT EXPENSES
C. TOTAL DIRECT LABOR
TOTAL BUDGET
(A+B+C)
PREPARED BY: PRG
APPROVED BY: PRG
(DepL Director)
$4,08000 T&M
$4,180.00
DATE: 8~6~6
DATE: 8~6~6
iNUMBER 154~4
WORK AUTHORIZATION
NUMBER 15414.07 --
TASK NAME: FINAL DESIGN PHASE
~ TASK HOURLY PROPOSAL
~ CLASSIFICATION HOURS RATE DOLLARS
Proposal Preparation
~_ Admin Assr $35.00
104 Community Liaison $60.00
06 CADD Operator ~ $65.00
07 Scientist II ~ $75.00
~8 Economic/Financial Analyst ~ $75.00
~? ScientisH ~ $60.00
H1 Graphic Desgner ~ $60.00
112 Landscape Architect (RLA)~ $85.00
~13 Field Representative ~ $55.00
14 Landscape Designer ~ $65.00
~_5 Planner (AICP) ~ $75.001
116 Associate Planner ~ $60.0£
17 Project Engineer/Designer 32 $65.0C $2,080.00
32 $85.0¢ $2,720.00
f8 Project Manager
9 Professional Engineer (P.E.) ~ $85.0¢
J20 Pro[ Land Surveyor (P,LS. & Mapper) $75.00
21 Senior Project Manager 4~ $120.00 $480.0(~
22 Senior Member ~ $175.00
23 Senior Project Engineer $75.00
24 Project Manager II $95,00
$60.00
[26 Project Manager III $105.00
!29 Technician I ~ $55.00
i30 Transportation Plannerk~ $65,00
132 Senior Field Representative ~ $60.00
F
142 Survey Pady $85,00
i43 Spec Survey Party Quote
TOTAL HOURS 66
TOTA_L DO_Lt_ARS ~';, $5,280.00
PROJECT
MANAGER: Peter R, Gallo
DEPT. CODE: 05
KEITH and SCH~AR~, P.A. [
-~NGINEER-PLANNI~RS SURVEybR$ ;
PAGE 3 OF 6
REIMBURSABLE EXPENSES':
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
PERMIT FEES
TRAVEL
EQUIPMENT/SUPPLIES
PRINTS & GRAPHICS
RELATED
EST. COST PRINT NO.
$
$200.00
A. TOTAL REIMBURSABLE EXP
DIRECT EXPENSES:
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
BLUEPRINT/REPROS
PERMIT FEES
MEALS
EQUIPMENT/SUPPLIES
$200.00
B. TOTAL DIRECT EXPENSES
C. TOTAL DIRECT LABOR
TOTAL BUDGET
(A+B+C)
PREPARED BY: PRG
APPROVED BY: PRG
(Dap[ Director)
$5,280,00 T&M
$5,480.00
DATE: 8t26~6
DATE: 8~6~6
PROJECT
N~UMBER 15414
WORK AUTHORIZATION
NUMBER 15414.07
TASK NAME: BIDDING & NEGOTIATING PHASE
TASK
CLASSIFICATION HOURS
, Propocal Preparation
02 Admin Assr
~u~ t.ommunity Uaison
12 Landscape Architect (RLA)
14 Landscape Designer
15 Planner(AICP)
16 Associate Planner
17 Project Engineer/Designer
18 Project Manager I
'[19 Professional Engineer (P.E.)
0 Prof. Land Surveyor (P.L.S. & Mapper)
'~21 Senior Project Manager
~- Senior Member
23 Senior Project Engineer
24
Project Manager II
2[25 Technician Il
i26 Project Manager Ill
?9 Technician I
130 Transporiation Planner
r
32 Senior Field Representative
~'42 Survey Party
[43 Spec. Survey Party
TOTAL HOURS 48
TOTAL DOLLARS
HOURLY PROPOSAL
RATE DOLLARS
$35.00
$60.00
$65.00
$75.00
$75.OO
$6O.OO
$60.00
$85.00
$55.00
$65.00
$75.00
$60.00
$65.00 $1,300.00
$85.00 $2,040.00
$85.00
$75.OO
$120.00 $480.00
$175.0C
$75.0C
$98.oc
$60.00
$105.00
$55.00
$65.00
$60.00
$85.00
Quote
$3,820.00
PROJECT
MANAGER: PeterRGallo
DEPT. CODE: 05
r KEITH and SCHI~ARS; P.A.
- ENGiN EER~pLANNi~RS~SU RVEYORS
PAGE 4 OF 6
REIMBURSABLE EXPENSES:
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
PERMIT FEES
TRAVEL
EQUIPMENT/SUPPLIES
PRINTS & GRAPHICS
RELATED
EST. COST PRINT NO.
$
$500.00
A. TOTAL REIMBURSABLE EXP
DIRECT EXPENSES:
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
BLUEPRINT/REPROS
PERMIT FEES
MEALS
EQUIPMENT/SUPPLIES
$500.00
B. TOTAL DIRECT EXPENSES
C. TOTAL DIRECT LABOR
TOTAL BUDGET
(A+S+C)
PREPARED BY: PRG
APPROVED BY: PRG
(Dept. Director)
$3,820.00
$4,320.00
DATE: 8~6~6
DATE: 8~6~6
T&M
PROJECT
HUMBER 15414
WORK AUTHORIZATION
NUMBER 15414.07 -
TASK NAME: CONSTRUCTION PHASE
! TASK HOURLY PROPOSAL
i CLASSIFICATION I HOURS RATE DOLLARS
:Proposa p epa ation
i02 Admin. Assr $35.0C
[~4 Community Uaison ~ $60.00
6 CADD Operator $65.00
~07 Scientist II ~ $75~00
0[~o Economic/Financial Analyst~ $75.00
109
Scientist I $60.00
~11 Graphic Designer ~ $60~00
2 Landscape Architect (RLA) ~ $85.00
3 Field Representative ~ $55.00
Landscape Designer ~ $65.00
Planner (AICPa) ~ $75.00
L A{sociate Planner ~ $60.00
~17 Project E ngineer/Designer 8~ $65.00 $520.00
L18 Project Manager I ~ $85.00
1~2~09 Professional Engineer (P.E.) 8~ $85.00 $680.00
Prol. Land Surveyor (P.L S. & Mapper) $75,00
[21 Senior Project Manager ~ $120.00
~2Sen or Member
$175.00
23 Senior Project Engineer
$75,00
124 Project Manager II ~ $95.00
F25 Technician II ~ $60.00
i26 Project Manager Ill $105.00
i29 Technician I $55.00
130 Transportation Planner 30~ $65,00 $1,950.00
!32 Senior Field Representative ~ $60.0C
~42 Survey Party ~ $85.0¢
_43 Spec. Survey Party ~ote
TOTAL HOURS 45
TOTAL DOLLARS ~,~,,/~ ~ ~ $3,150.00
PROJECT
MANAGER: Peter R Gallo
DEPT. CODE: 05
,ENG NEER;pLANN R~-suRVE¥~S
PAGE 5 OF 6
REIMBURSABLE EXPENSES:
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
PERMIT FEES
TRAVEL
EQUIPMENT/SUPPLiES
PRINTS & GRAPHICS
RELATED
EST. COST PRINT NO.
$
A. TOTAL REIMBURSABLE EXP
DIRECT EXPENSES:
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
BLUEPRINT/REPROS
PERMIT FEES
MEALS
EQUIPMENT/SUPPLIES
B. TOTAL DIRECT EXPENSES
C. TOTAL DIRECT LABOR
TOTAL BUDGET
(A+8+C)
PREPARED BY: PRG
APPROVED BY: PRG
(Dept. Director)
$3,150.00 T&M
$3,150.00
DATE: 8/26/96
DATE: 8/26/96
PROJECT WORK AUTHORIZATION
NUMBER 15414 NUMBER 16414.07
TASK NAME: ENGINEERING DESIGN SURVEY
~ TASK HOURLY PROPOSAL
CLASSIFICATION HOURS RATEDOLLARS
iProposal Preparation ~
~02 Admin. Assr· $35·00
34 Community Uaison ~ $60.00
36 CADD Operator _ ~ $65,00
, ~7 Scientist II ~ $75.00
L08 Economic/Financial Analyst~ $75,00
t¢19Scientist I ~ $60.00
1 Graphic Designer ~ $60.00
~ 12 Landscape Architect (RLA) ~ $85.00
~ _Field Re~presentatJve $55.00
~14 Landscape Designer~ $65.00
~15 Planner (AICP) ~ $75.00
[!6 Associate Planner ~ $6000
7 P~g~ee r~r / D e signe r I ~ S6S00
· t~8 Project Manager I ~ $85.00
Protessional Engineer (PE.) ~ $85.00
i20 Prof Land Surveyor (P ES. & Mapper) 8 $75.00 $600.00
~21 Senior Project Manager 2 ~]~]J~ $120.00 $240.00
~-o22~,~seni°r Memb°r ~ $175.00
L23 Senior Project Engineer ~ $75.0C
i24 Project Manager II ~ $95.0(:
!25 Technician II 24~ $60.0C $1,440.00
r~6 Project Manager III ~ $105.00
!29 Technician I $55·00
30 Transportation Planner $65·00
32 Senior Field Representabve $6000
4~2 Survey Party 30 ~ $85.00 $2,550.00
43 Spec. Survey Party ~ Quote
TOTAL DOLLARS :,- ~i $4,830.00
PROJECT
MANAGER: Peter R Gallo
DEPT· CODE: 05
KEITH and SCH~ARS, P.A. 1
PAGE 6 OF 6
REIMBURSABLE EXPENSES:
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
PERMIT FEES
TRAVEL
EQUIPMENT/SUPPLIES
PRINTS & GRAPHICS
RELATED
EST. COST PRINT NO.
$ $
A. TOTAL REIMBURSABLE EXP
DIRECT EXPENSES:
SUE]CONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
BLUEPRINT/REPROS
PERMIT FEES
MEALS
EQUIPMENT/SUPPLIES
B. TOTAL DIRECT EXPENSES
C. TOTAL DIRECT LABOR
TOTAL E]UDGET
(A+B+C)
PREPARED BY: PRG
APPROVED BY: PRG
(Dept. Director)
$4,830.00 T&M
$4,830·00
DATE: 8~6~6
DATE: 8~6~6
04/ol/96
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Resolution Approving Real Estate Purchase and Sale Agreement
By and Between The City And Sunbelt-Dix, Inc.
The backup to this item was unavailable at the time of the printing of this agenda. It
should be available by Monday and will be distributed to Council at that time.
EMS/tms
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED REAL ESTATE
PURCHASE AND SALE CONTRACT BY AND BETWEEN
THE CITY OF AVENTURA AND SUNBELT-DIX, INC.;
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 COUNCIL 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 the Real Estate Purchase and Sale Contract
by and between the City of Aventura and Sunbelt-Dix, Inc. attached hereto and incorporated
herein as specifically as if set forth at length hereat.
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 Councilmember
, who moved its
adoption. The motion was seconded by Councilmember
, and upon being put to a
vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Resolution No.
Page 2
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this day of September, 1996.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council y~
Eric M. Soroka, Cit
September 12, 1996
Ordinance Creating Planning and Zoning Board
Reading July 2, 1996 City Council Agenda Item
Reading September 17, 1996 (continued from August 20, 1996)
City Council Agenda Item
Pursuant to Council's discussion at the Workshop Meeting on September 11, 1996, the
City Council is required to formally take action to continue this item.
EMS/tms
CITY OFAVENTURA
OFFICE OFTHE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Eric M. Soroka, Cit
August 6, 1996
Ordinance Creating Planning and Zoning Board
1st Reading July 2, 1996 City Council Agenda Item 7B
2nd Reading August 20, 1996 City Council Agenda Item--,c'm
Recommendation
It is recommended that the City Council adopt the attached Ordinance which creates
the City's Planning and Zoning Board. This Board will be advisory in nature and provide
a soume of involvement and input for City residents. The attached document includes
all the amendments approved by the City Council at the July 2, 1996 meeting.
Backqround
The attached Ordinance creates a Planning and Zoning Board and was developed
based on input from Councilmember Jeffrey Perlow and Leonard Brenner. In addition,
the items discussed by the City Council at the June 18, 1996 meeting were
incorporated.
The following highlights the major points of this Ordinance:
· Seven member board appointed by the Mayor subject to approval of the City
Council.
· Each member shall be a qualified elector and resident of the City for at least six
months.
· Initial term of office is until November 3, 1997. Thereafter, terms of office for a
period of one year.
· Powers and duties of the Board shall be of an advisory nature.
· The following matters shall be a within the jurisdiction of the Board:
-Variances.
-Special Exceptions.
-Unusual Use Applications.
-Conditional Uses.
-Creation of Zoning Code and Land Development and Code provisions.
-Amendments to zoning map and rezonings.
-Review of administrative interpretations.
-Zoning Code studies.
· The Board's jurisdiction to matters other than studies will not be effective until
appropriate staff has been retained to provide support services.
If you have any questions, please feel free to contact me.
EMS/ne
CC0028-96
ORDINANCENO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING FOR THE CREATION OF THE CITY OF
AVENTURA PLANNING AND ZONING BOARD;
PROVIDING FOR CREATION, COMPOSITION AND
QUALIFICATIONS; TERM OF OFFICE; ADVISORY
CAPACITY; DUTIES AND RESPONSIBILITIES; RULES OF
PROCEDURE; JURISDICTION; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE;
WHEREAS, the City Council desires to create an advisory body, to be known as
the City of Aventura Planning and Zoning Board, to provide advice and recommendations
to the City Council on matters concerning planning, zoning and development.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Creation, Composition and Qualifications.
A. There is hereby created and established the City of Aventura Planning and
Zoning Board, (the "Board") consisting of seven (7) members who shall be appointed by
the Mayor, subject to the approval of the City Council. Each member of the City Council
may recommend appointments to the Mayor. Members of the Board shall hold office at
the pleasure of the City Council. Members of the Board shall serve without compensation
and shall not be reimbursed for travel, mileage, or per diem expenses.
B. Each member of the Board shall be a qualified elector of the City of
Aventura who has continuously resided within the City for the six (6) month period
immediately prior to appointment, and shall not be an employee of the City. Any member
who ceases to reside within the City Limits during his or her term of office shall be
deemed to have resigned as of the date of his or her change of residence from the City.
In the event of the resignation or removal of any member of the Board, the Mayor shall
appoint a person to fill the vacancy on such Board for the unexpired portion of the term of
the member vacating such office, subject to approval of the City Council.
C. In the event that a member of the Board shall be absent from a duly-called
meeting of the Board for three (3) consecutive meetings or in the event that a member
has three (3) unexcused absences in a calendar year, then in that event such member
shall be subject to removal as a member of the Board by vote of two-thirds (2/3) of the
remaining members of the Board.
D. The City Manager shall provide necessary staff support for the Board. The
City Attorney shall serve as legal advisor to the Board.
Section 2. Term of Office. The initial term of office for members of the Board shall
be from the date of adoption of the Ordinance creating the Board until November 3, 1997.
Thereafter, terms of office for members of the Board shall be for a period of one (1) year,
with eligibility for reappointment.
Section 3. Advisory Capacity. Except as may otherwise be provided subsequently
by Ordinance, the powers and duties of the Board shall be solely of an advisory nature.
Section 4.
A. Rules of Procedure. The Board shall adopt rules of procedure in accordance
with Ordinance No. 96-09, as amended, pertaining to the conduct of quasi-judicial
proceedings and other rules of procedure which are not inconsistent with the Ordinances
of the City and the laws of the State of Florida. The Board shall utilize Robert's Rules of
2
Order recently revised 1990 Edition for the rules of procedure for the conduct of meetings
of the Board. The Board may create additional rules for the conduct of its internal
proceedings.
B. During the first meeting of the Board, the members shall elect one of their
number to act as Chairman and may elect a Vice-Chairman.
C. Four (4) members shall constitute a quorum for the transaction of business of
the Board. Official action shall be taken by the Board only upon the concurring vote of a
majority of the members present at an official meeting of the Board.
Section 5. Jurisdiction. The jurisdiction of the Board shall be solely advisory.
Action of the Board shall be in the form of a written recommendation of advice to the City
Council and City Manager.
A. The following matters shall be within the advisory jurisdiction of the Board:
1. All applications for Zoning Public Hearings pursuant to Dade County Code
Sec. 33-311, as made applicable in the City pursuant to City Charter Sec. 8.03 and City
Ordinance No. 96-05, including but not limited to, the following:
a. Variances including non-use variances and use variances;
b. Special exceptions to the City Zoning Regulations;
c. New uses and unusual use applications;
d. Conditional uses pursuant to City Zoning Regulations;
e. Creation of City Land Development Code provisions, Zoning Code
provisions, and amendments to existing City Zoning Code provisions; and
f. Appeal of administrative decisions.
2. Amendments to the Zoning District Maps of the City or rezonings of
properties within the City;
3. Potential Zoning Code enactments assigned to the Board by the City
Council for study to assist the City Manager and City Attorney in preparation of proposed
Ordinances for consideration by the City Council.
Other matters of zoning and planning assigned to the Board by the City
Council.
B.
The jurisdiction of the Board conferred pursuant to paragraph 1 and 2 of
Section 5.A. above shall not be effective until the City Manager certifies that sufficient City
of Aventura staff has been retained to provide support services for the Board's exercise of
such jurisdiction; however, the Board's authority to make recommendations to the City
Council pursuant to the jurisdiction conferred by paragraphs 3 and 4 of Section 5.A.
above, as to those matters specifically referred to the Board by the City Council for study,
shall commence effective immediately upon adoption of this Ordinance.
Section 6. All members of the Board shall be subject to the Standards of Conduct
for Public Officers and Employees set by Federal, State, County or other applicable law
pursuant to City Charter Section 7.03.
Section 7. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 8. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Councilmember Beskin, who moved its
adoption on first reading. The motion was seconded by Councilmember Perlow, and
upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
yes
yes
yes
yes
yes
no
yes
The foregoing Ordinance was offered by Councilmember __
., who moved its
adoption on second reading. The motion was seconded by Councilmember
and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 2nd day of July, 1996.
5
PASSED AND ADOPTED on second reading this
day of
,199 .
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Eric M. Soroka, Cit .~
August 28, 1996
r
Ordinance Granting Non-Exclusive
Telecommunications, Inc.
Franchise to BellSouth
Is* Reading September 4, 1996 City Council Agenda Item
2"d Reading September 17, 1996 City Council Agenda Item
Recommendation
It is recommended that the City Council adopt the attached Ordinance which grants a
non-exclusive franchise to BellSouth Telecommunications, Inc. for telephone services.
Backqround
As previously reported to the City Council, in the Revenue Soume Availability and
Projections, the City is permitted to award franchises for telephone services utilizing the
City's rights-of-way. The attached Ordinance accomplishes the following:
1. Sets forth the applicable procedures and requirements for telephone service
franchises.
2. Grants a non-exclusive franchise to BellSouth Telecommunications, Inc.
3. Establishes the franchise fees and payment requirements in accordance with
state statutes.
If you have any questions, please feel free to contact me.
EMS/ne
Attachments
CC0070-96
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; GRANTING
TO BELLSOUTH TELECOMMUNICATIONS, INC. A NON-EXCLUSIVE
FRANCHISE IN THE CITY OF AVENTURA; AUTHORIZING BELLSOUTH
TELECOMMUNICATIONS, INC. TO USE THE PUBLIC RIGHTS-OF-WAY
AND STREETS OF THE CITY, FOR THE PURPOSE OF ERECTING,
CONSTRUCTING, MAINTAINING AND OPERATING LINES OF
TELEPHONE EQUIPMENT THEREON AND THEREUNDER; PROVIDING
FOR A FRANCHISE FEE; PROVIDING THE TERMS AND CONDITIONS
OF SUCH GRANT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura finds it in the public interest to retain control over
the use of public rights-of-way by providers of Telephone Services to ensure against
interference with the public convenience, to promote aesthetic considerations, to promote
planned and efficient use of limited right-of-way space, and to protect the public authority
over right-of-way property; and
WHEREAS, the City of Aventura finds that the granting of nonexclusive franchises is
the best means of assuring that the interests of the City of Aventura are promoted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA THAT:
Section 1. Grant of Franchise. Permission is hereby granted to BellSouth
Telecommunications, Inc, its successors and assigns (the "Company") to construct,
maintain and operate lines of telephone equipment, including the necessary conduits,
cables, electrical conductors, fiber optics and digital technology fixtures upon, along, under
and over the public roads, streets, and rights-of-way of the City of Aventura, Florida as its
telephone and telegraph business may from time to time require
Section 2. Term and Limits of Franchise. This non-exclusive franchise is granted
for a period of fifteen (15) years and covers the following geographical area: The corporate
limits of the City of Aventura as set forth in the Charter of the City of Aventura, as amended
from time to time. Company agrees that the limits of the franchise are subject to expansion
or reduction by annexation and contraction of municipal boundaries and that the Company
has no vested right in a specific area.
Section 3. Franchise Fee; Payments. In consideration of the rights, privileges
and franchises herein granted, and to defray the cost of regulating the Company's activities
under this franchise, the Company shall pay to the City annually a sum equal to one
percent (1%) of the gross receipts of the Company on recurring local service revenues for
services provided within the corporate limits of the City. Taxes, fees and other impositions
of the City paid by Company, (except ad valorem taxes and amounts for assessments for
special benefits such as sidewalks, street paving, and similar improvements, and
occupational license taxes levied or imposed by City upon Company) will be credited to the
franchise fee. In the event that applicable law permits the City to collect a franchise fee
higher than 1%, or permits the City to calculate the franchise fee on revenues not specified
herein, the Company agrees to automatically increase it franchise fee payments to the City
to that higher amount of the effective date of such law. The annual payment shall be made
to the City for each year that the permission granted herein is in effect and shall be made to
the City in four installments. The first, second and third installments of the annual payment
shall be based upon the gross receipts for the first, second and third quarters, respectively,
of the fiscal year and shall be made no later than sixty (60) days following the end of these
periods. The fourth installment of the annual payment shall be made no later than sixty (60)
days following the end of such fiscal year, and shall be based upon such gross receipts for
2
the fiscal year but shall be adjusted to reflect payment of the first three installments. For
purposes of this payment, such fiscal year shall end on September 30. The first such
payment shall be based upon receipts for the quarter of July, August and September 1996,
and shall be made on or before October 31, 1996. Payments shall be payable to the City of
Aventura, Attention: Finance Support Services Department, during regular business hours
of the City.
Section 4. Review of billing records. City may, at its option and at its expense,
and upon reasonable notice to the Company, at any time examine the records of operations
accounting files, and books and records as such records relate to the calculation of the
franchise fee payments to the City, as provided herein, and to proper performance of other
terms of this franchise. The examination of such books, accounts, records or other
materials necessary for determination of compliance with the terms, provisions and
requirements of this franchise shall be during regular hours of business of the Company
and at the corporate offices of the Company.
Section 5. Transferability. The Company shall not sell or transfer any portion of
its plant or system to another, nor transfer any rights under this franchise to another without
the City's prior written approval. The City Council will not unreasonably withhold its
consent of the transfer of Company's rights under this franchise. No such sale or transfer
shall be effective until the vendee, assignee or lessee has filed with the City, Attention: City
Manager, an instrument, duly executed, reciting the fact of such sale, assignment or lease,
accepting the terms of the franchise, and agreeing to perform all the conditions thereof.
Section 6. Forfeiture of this Franchise. Failure by the Company to comply in any
substantial respect with any of the provisions, terms, or requirements of this franchise shall
result in a forfeiture. Said forfeiture shall be effective upon a finding by a court of
competent jurisdiction that the Company has substantially breached any of the provisions,
terms or requirements of this franchise. Both the City and the Company reserve the right of
appeal of such court findings. If it is the non-prevailing party, the Company shall have six
(6) months after the final judicial determination of the question to make restitution or make
good the default or failure before forfeiture shall result. The City, at its discretion by and
through its City Administration, may grant additional time to the Company for restitution and
compliance as deemed appropriate by the City.
Section 7. Hold Harmless.. The City shall in no way be liable or responsible for
any accident or damage which may occur due to the construction, location, relocation,
operation or maintenance by the Company of equipment and vehicles subject to the terms
and conditions of this franchise. The Company hereby agrees to indemnify the City and to
hold it harmless against any and all liability, loss, cost, damage or any expense connected
with the Company's exercise of the rights or privileges provided hereunder, including a
reasonable attorney's fee incurred in the defense of any type of court action related thereto,
which may accrue to the City by reason of the negligence, default, other misconduct, strict
liability or act or omission of the Company in its construction, location, relocation, operation
or maintenance of the facilities, vehicles, or equipment subject to this franchise. The
acceptance by the Company of this franchise shall be an agreement by it to pay any sum of
money for which the City may become liable from or by reason of such injury or damages.
Section 8. Underground Installation. The Company shall endeavor to install
4
underground extensions of new telephone distribution lines that the Company has
determined are necessary or desirable.
Section 9. Excavation Maintenance and Restoration. The work under this
franchise shall be done subject to the supervision of the City. The Company shall replace
or properly relay and repair any sidewalk, street, lawn, landscaping or swale that may be
displaced by reason of such work. Whenever the Company shall cause any opening or
alteration to be made in any of the streets or public places within the franchise area for the
purpose of installing, maintaining, operating or repairing any equipment, such work shall be
completed at the Company's expense within a reasonable time and the Company shall
upon the completion of such work restore such portion of the streets or other public places
to as good or better condition as it was before the opening or alteration was so made and
will promptly remove any debris. Upon failure of the Company to perform said repair or
restoration, after twenty (20) days' notice provided in writing by the City to the Company,
the City may repair such portions of the sidewalk, street, lawn, landscaping or swale that
may have been disturbed by the Company and collect the cost so incurred from the
Company. The City shall promptly provide to the Company all permits, licenses and other
authorizations reasonably necessary for the purpose of installing, maintaining, operating
and repairing the system and facilities.
Section 10. Proper Operation. The fittings, appliances and appurtenances shall
be constructed in accordance with good engineering practices and so as not to
unreasonably interfere with the proper use and appearance of the streets, avenues, alleys,
ways, bridges, and public places in the franchise area and shall be maintained by the
5
Company in reasonably good condition and repair.
Section 11. Complaints. All complaints shall be resolved by the Company in
accordance with the Florida Public Service Commission rules and regulations.
Section 12. Surrender of Rights. As a further consideration for the granting of the
rights, privileges and franchises granted hereby, the Company surrenders all rights,
privileges and franchises heretofore granted by Dade County in the franchise area for any
of the purposes stated in this Ordinance and now enjoyed by the Company in the franchise
area; provided, however, that such surrender shall not be effective unless and until this
Ordinance shall be finally adopted and in effect and the rights, privileges and franchises
granted hereby shall be validly in force and effect.
Section 13. Successors and Assigns. Whenever in this Ordinance either the City
or the Company is named or referred to, it shall be deemed to include the respective
successor, successors or assigns of either, and all rights, privileges and obligations herein
conferred shall bind and inure to the benefit of such successor, successors or assigns of
the City or the Company. This shall not waive any restrictions against assignments.
Section 14. City's Right to Regulate Use of Streets not Abrogated Nothing in
this Ordinance shall be construed as a surrender by the City of its right or power to pass
ordinances regulating the use of its streets in accordance with City's police powers or
property rights.
Section 15. Written Acceptance by the Company. The Company shall, within
forty-five (45) days after this Ordinance takes effect, file a written acceptance of the
Ordinance with the City Manager.
6
Section 16. Reservation of Rights. The City hereby reserves any and all rights not
otherwise expressly prohibited by applicable law to exercise its authority to establish terms
and conditions including, but not limited to, fees and taxes, with respect to Company
construction, maintenance, operation or provision of any telecommunications equipment,
facilities or services within the City.
Section '17 Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section18. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Councilmember ,
who moved its adoption on first reading. This motion was seconded by Councilmember
., and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Councilmember
7
who moved its adoption on second reading. This motion was seconded by
Councilmember
, and upon being put to a vote, the vote was as
follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this
PASSED AND ADOPTED on second reading this
day of September, 1996.
day of September, 1996.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
8
WlNN-OlXlE STORES, fNC,
America's Supermarket*
5050 EDGE'WOOD COURT P.O. BOX B JACK.~ONVlLLE, FLORIOA32203-0297 (904) 785-5000
September 16, 1996
Stev~ W. gelkowitz, F_,squire
Weiss, Serota& Itelfrman, P.A.
2665 South Bayshore Drive, Suite 204
Ivlj~ml. Florida 33133
Re:
Proposed Real Estate Purchase and Sale Contract between Stmbelt-Dix, Inc., as
Seller, and the Cit~ of Avenm~, as Buyer (the "Contract")
Dear Stevcn:
Enclosed are two (2) counterparts of the Real Estate Purchase and Sale Co,,u,~ct by and
betweea Sunbelt-Dix, Inc. and City of Aventura.
Kindly have the Conixact signed and ~turn to me for execution by Stmbelt-Dix, Inc. Do
not hesitate to contact me ii' you have any comments or questions.
Very truly yours,
Ydm~ongiommi
andosures
cc: Marlo Labrit (w/anclosures)
REAL ESTATE PURCHASE AND SALE CONTRACT
B~I'WEEN
SUNBELT-DIX, INC.,
a Delaware corporation
("SellelJ')
crrY OF AVENTURA,
~ Rofld~ municipal co~oraflon
(-Buyer~)
THIS REAL ESTATE PURCHASE ANO SALE CONTRACT ("Contran~ is made this
, lg96 by and between SUNBELT-DIX, INC., a Delaware coqoor~tion ("Sellat~ a~d
CITY OF AVENTURA, a Rodda municipal corperaiion ("Buyer").
1. A_ureement. For valuable consideration, the receipt and sufficiency of which are hereby
acknowledged. Seller agrees to sell and Buyer agrees to buy the Property, as hereinafter defined, pursuant
to and in ascordanoe with the terms and cond'~ons of this Contract.
2. The Pro.arty. The Property which is the subject of this Contract includes the Land, the
Easements, and the Intangible Personal Propen'y described u follows:
A_ Land. All of the land situated at the southwest comer of W. Gourmy Club
Drive and the William Lehman Causeway in Dada County, Florida anti more particularly
described on Exhibit 'A" attached hereto, to~ether with aU easements, rights of way, licenses,
privileges, haradltamonts., and appmtenances, if any, inuring to the benefit of such land,
including, without limitation, all abutter's rights and title to all land underlying roadways
adjacent to such lard, and ail mineral and other subsurPa, ce rights (the "Land') and all offsite
drainage, access, utility, parking, signags, and other eesements(tngethar~with any and all
other easements benef~ing the Land, the "Easements"); and
B. Intangible Personal Prope~/. All intangible persona] properly owned by
Seller and used in the ownership, operation, development, improvement, and maintenahce
of the Land, if a,~, including, without limitation, ail contracts and contract rights, instruments,
do~umems of ti'de, generaJ intangibles, and ~'ansferabls licenses, permits, certificates, and
approvals of governmental entities or other third pa~es, if any, and excluding cash on hand
and in bank accounts (the "Intangible Personal Property").
3. J~ur. Mta~LE!:[~. Subject to the adjustments and prorations provided in this Contract, the
purchase price to be paid by Buyer to Seller for the purchase of the Property is $3,185,000.00 (the 'Purchase
Price'), ~ will be paid in the following manner:
A. EarneSt Money Deposit. Within five (5) business days of the later of (~ the date
on which both Seller and Buyer shall have executed this Contract (the 'Effective Date"), or
(ii) the date en which Buyer receives an insured c~os'u'~g sen~ices letter covering the T'~e
Agent. Buyer shaJl deposit in escrow with Steams, Weaver, Miller, Weissler, Aihadeff ar~
Sitterson, P.A., whose address is 200 East Broward Blvd., 19th Floor. Ft. Lauderdaie. Florida
33301 (hereinafter, 'Escrow Agent') the sum of $159,250.00 (together with any interest
earned thereon, the 'Earnest Money"). Eserow Agent shall deposit the Earnest Money in a
ledoraily ir~urad interest bearing account ~ shall disburse or apply the Earnest Money as
provided in this Contract. ,,
B. Ba/ance. On ~ ClOSing Date, provided th~ Seller has performed its obligations
under this Contract
Agent the remainder of the Pumhase Price in cash or other immediately available funds. The
Title Agent, as herein defined, shall disburse or apply the balance of the Purchase Price as
provided in this
4. Tale. On or I~efere ten (10) days after the Effective Date Buyer shall order from First American
Tiffs Insuram;e Company ("Title Company") a litte insuranco commitment for the issuance by Weiss, Serota
& Hetfrrm~, P.A.. as the agent ('T?de Agent") rm~leg Buyer as/he proposed insured and cemmiUing to insure,
2
upon the recording of the General Wamu~y Deed for the amount of tho Purchase Price Buyer's fee simple title
to the Land and Buyer's rights in and to the Easements. and stating all exceptions and conditions to such title,
including, without limitation, all easements, restrictions, covenants, reservations, and other encumbrances
affecting title (collectively, the "Exceptions"}. Buyer shall cause the T'~e Company to provide, together with
the cernmitmant, copies ortho Exceptions (cellectively, the "Commitment'). Upon issuance Buyer shall detiver
a copy of the tffie commitment and Exceptions to Seller. Buyer shall have ten (10) days after receiving the
Corr.¢~i~¢~nt (the 'T'fle Review De~ne'}, to examine the Commitment. It is a condition of I~uyer's obligation
to close ar~[ pay to Seller the Purchase P~'iCe that title t~ the Property is marketable and insurable subject only
to excepti~ acceptable to Buyer ("Permit~d Excel~ons-). Ii title is found to Be objectionable to I~Jyer, Buyer
shall notify Seller in writing on or before the 'rifle Review Dead[ice as to those matters to which it objects
("Buyer's Title Objection. Notice"). If Buyer timely sends to Seller Buyer's T'~e Objection Notice, Seller shall
have ten (10) days atteJ' the date of receipt of such Buyer's Tifle Objection Notice to no~y Buyer in writing
wheth~' Sel~'is willing, in its reasonable judgment, or able to cure the objections before the Closing ("Seller's
T'rtie Objection Rasponse"). If Seller states in Seller's T'~e Objection Response that If is unable or unpiling to
cure such objections before the Closing, then Buyer shall have the option within five (5) days of receipt of
Seller's Tiffs Objection Response, to elect by written notice to Seller whether to (i) wa'Ne the u~satisfisd
objections ~ complete the purchase of the Property subject to tiife defects, or (ii) terminate this
and cause lhe Earnest Money to be refunded to Buyer. If ~e~r statas in Seller's Title Objection Response that
Seller is willing to cure file objectlens stated in Buyer's 'l'~e Objection Notice, then Seller shall use reasonable
efforts 1o cure such objections on or before the Closing. It Seller falls to so cure such objec~ons, then Buyer
m~y, at its sole option, either (I) waive Its objections and proceed to Closing subjeGt to the title defect;, or (if)
terminate this Contact end cease the EarneSt Money to be refunded to Buyer.
5. Suwe_v. Wmin ttely (30) days from tha Effective Date, the Buyer, at Buyer's expense,
may ob~n a currant et-vey of the Properly in accordance with the Minimum Technicel Standards for Surveys
in the State of Flerida (Chapter 61G17-6, Florida Administrative Code) and otherwise ~cceptable to the
Cernpar~ to delete the standard survey exception. Buyer shall have ten (10) days Item receipt of the survey
within which to examine the survey and to notify Seller in wri~ng if the survey shows any encroachments or
violates any cf the ContraSt covenants. Survey objections shall be a'eated in the .e~me manner as objections
based on title defe~tS. ~ survey shall be certified to Buyer, Seller, Title Company, and lender, if any.
6. ~,J]~t~it~.~[~ Buyer to er~ler within five (5) days o! the Effects Date, a Phase I
Environmental RepOrt COVe~ ~ Property prepared by an environmantsJ engineer or consultant reasonably
acceptable to Buyer (the"Envimnme~ Report"). The Environmental Report shall investigate, anayze and
report wt~ respect to those matters recommended to be included by curt'ant ASTM guidelines ~ standards
for inflffiJ environmental audits (~:1 shall be ceriffied as to same) and any other factom whensoever deemed
appropriate by Buyer. Buyer shall have ten (10) days alter the receipt ef the Environmental. Report (the
'Environmen'~l Rspon Review Deadline") to review the s~'ns. If Buyer is not eatistied with the environmental
conditio~ of the Property or the results of the Environmental Report for any reason whatsoever, Buyer shall
have the o~otion to tarminate this Contract by written notice to Seller on or before the Environmental Report
Review Deadline and the Earnest Money shall be refunded to Buyer.
7. ~ Prov'~led that Buyer has not terminated this Contract in accordance with its term~
and all deadJice~ have passed, the purchase and sale of the Property (the "Closing") shall be at the offices of
the Trite Agent on or before sixty (60) days fram the Effective Date (the "Closing Dam').
A. On the CloSing Date and at the Closing, Seller shall deliver or ca.se to be delivered
to ~,~Jar the following (all documents will he duly executed and acknowledged where
required):
(1) P:;~emJ Wananty Deed - A general warranty deed conveying ell of
Seller's right, ~11s, ~ interest in And to the Land to Buyer subject only to the
Permitted Exceptions;
(2) Assignmem And Assumption of the Intangible Personal Property;
(3) Evidence of Authority - Evidence that me sale of the Propen*y by
Seller to Buyer. and the execution and delivery of thi~ Contract has been
authorized by all necessa~ action (i.e. board of directon~, stmreholders,
pa~lners, etc.) a~l evidence of the authority o! the person or persons
exocutlng documents on behalf of Seller;
(4) Nonforeign Aff~lavit - An aff~devit exocut~cl by Seller confirming that
Seller is not a"foreign person;"
(5) Additional Documents - A closing statemem and Such additional
documents as Buyer or Title Company may reasonably request to convey
the Property to Buyer and to issue the Title Policy including, but not limited
to, a Lien, Possession and Encumbrance Affidavit; and
(6) Possession of th~ Property.
(7) Seller shall also deliver to Buyer at least ten (10) days pdor to
closing an affidavit in the form attached hereto es Exhibit "B" in order to
comply with the provisions of Section 286.2:3; Florida Statutes.
B. On the Closing Date and at the Closing, Buyer shall deliver or cause to be
delivered to Seller the following (ail documents will be duly executed and acknowledged
where required}:
(1) The Purchase Price;
(2) Adcl~onal Documents - A closing statement, and such additional
documents as Seller or Title Company may reasonably request to complete
the sale of the Property by Setier to Buyer And to issue the T~te Policy.
8. - · In the event of a. etuai or threatened condemnation or damage tO
or dsst~uctlon of ~ or any part of the Property prior to the Closing Date, Seller shall inform Buyer i*mmedlately,
and Buyer may, at its option, either terminate this Contract by written notice to Seller within fifteen (15) days
after Buyer receives Seller's notice or to continue to proceed to the Closing as if such tender, nation or
cuuelty had not been l~re'Ataned or h~l net occurred and may defend any condemrmtion aetion, and ~
proceeds of insurance or any paymenl for condemnation or transfer in lieu thereof shall become the property
of Buyer and the Purchase Price shaJl not be reduced on account of tho casualty or condemnation.
Seller shall bear the risk of casualty or other loss of of to the Property untti Closing.
9. Affirmative Covenants of Sofia. Between the date hereof and the Closing, and after the
CE>sing, if applicable, Seller expressly covenants and agrees as follows:
4
A.
cond~on.
EielJer shall not commit wests on the Propert~ and .~1 keep it in its present
B. Seller shall comply with all federal, sta~e and municipal law=. ordina.qce$,
regulations and orders retaiing to the Property. including, without limitation, all applicable
environmental laws.
C. Seller shall comply with all the terms, conditions and provisions of all the
liens, deeds of trust, agreements and other contractual affangements which affect the
Property and make ail payments due th&raunder and suffer no default therein.
O. Seller shall allow Buyer, and its authorized representatives and agents, full
access to the Property at reasonable times.
E. There shall hereafter be placed no mortgage or lien encumbering the
Property and Seller shall not enter into any egreement, indenture, easement, covenant or
restriction in any way affecting the Property which cannot be terminated or discharged at
Closing.
F. Seller shall give to Buyer immediate written notice of the institution of or
receipt of notice of any r~gation or threatened litigatiOn affecting the Se4lar or the Property
which would in any way cork~ltute or have the effect of presently or in the future ~reating a
lien, claim or obligation of any kind against the Propen'y.
G. Seller shall; at Selim's so~e expense, prornptJy cure and cause to be
dismissed of record any violation of any provision of any appitcatole builcllng cnde, tire
regulation, municipal ordinance, order or other governmental or quasi governmental
requirements affe~ng the Property.
H. Seller shall pay ail claims for bills outstanding at the Closing or received
thereafter for labor done and/or service rendered and/or materials supplied to the Properly
prior to the Closing, and shall indemnify and hold Buyer harmless from and egalnst any
liability for such.
I. Seller sh~ not enter into a~y new lease and/or license agreements affecting
the Property wilhout Buyer's prior written consent.
J. Seller will inform Buyer in writing of any material adverse change in the
condition of the Property which o~,urs at any time prior to the Closing Date.
10. Environmental Indemnification.. Rearesenlatlorm.
A. Seller covenants and agrees that ~ will indemnify, defend and hold harmless Buyer
from any and all claims, ia~Trlles, losses, damages, response costs, remediation r, oats, fines,
penalties, fees, and expenses arising out of or in any way relating to the existence, use, or
misuse, handling or mish~, storage, spigage, discharge, seepage In water bodies or the
ground water at any &'ne of any h.~n~ous matsdats, polu~nts or contaminants in. on, under,
at or used upon the Property (for that pe~ad of time during which Seller had an ownership
interest in Property) including, without limitation: (7 claims of third parties (including. without
limitation, individuals, companies and governmental agencies) for damages, pana~es,
reapoose cosls, clean-up cosis and injunctive or other relief; and (~ cos~ of removal and
restoration, including fees of attorneys and experts, and costs of reporting the existence of
hazardous materials,' pollutants or contaminants to any governmental agency.
Seller hereby represents to Buyer that to the.best of Seller's knowledge and belief.
· e following statements are true, and Buyer's obligation to close shall be cond~oned on the
same being true as of the Closing [3ate:
(1) The Property including ~ im~rovemanle thereon are free from
conteminstion, that there has not been thereon a release, discharge or emission, or
threat of re/ease, discharge or emission, of any hazardous substance, pollutant, or
contaminant as de~ced by al~llcabla environmental laws. and the Property does not
contain, or is not effected by: asbestos; urea formaldehyde; polychlorinated
biphenyis: underground storage tanks; or landfills, land disposals or dumps.
(2) Seller hes not given, nor should give, nor has received, any notice, letter,
citation, order, warning, complaint, inquiry, claim or demand that the Seller has
violated, or is about to violate, any applicable environmental I~ws; there hes been a
release, or there is a threat of release, of hazardous substances, pollutants or
contaminants as defined in applicable environmental laws an the f:;reperty; the Seller
may be or is liable, ir~ whole or in part, for the cOstS or cleaning up, remedlating,
removing or responding to a release of hazardous substances, pollutants or
confaminar~; the Property is subject to a lien in favor of any governmental entity for
any liability, costs or damages, under applicable environmental laws.
(3) There is no litigation or govemmentel proceeding pending, nor to the
knowledge of the Seller threatened against the Seller which if adversely determined
would result in any material adverse change in the Property included, without
limitalton, any actual or threatened civil or criminal action brought under any
envirof~mentel laws.
(4) ,~ller has never caused or permitted any hnT~rdous material to be placed.
held, located or disposed of on, under or at the Property or any part thereof, and
neither of the Property nor any part thereof has ever been used es a dump site or
storage (whether permanent or temporary) site for any hazardous material.
The provisions of this paragraph 10 shall survive the Closing.
11. C~'ta-,~lliar v~dl pay the cost of its own attorneys tess incurred in drafting or reviewlng this
Contract and in compleling the Closing, the cost of any deoumentary (including surtax, intangible, ds, transfer.
or other taxes on or in connection with the Deed, the cOst of recording any doourr~,g~ neoessa~ to complete
the Closing (o/her than any linancing documents in connection w/th any loan to 8uyar). and all other fee~,
texas, and imposilians imposed in connection with the transfer of title to the Property to Buyer. Buyer wil~ pay
the cost of any the cos[ of ~e Commitment and the Title Policy, documentary, intangi~es, or olher taxes in
connection with its tinanclng of the acquisition or improvement of the Property, and the oost of its own
attorneys' fees incurred in drafting or reviewing this Corm'act and in completing the Closing.
12. Proraior~, Tho fei]swing will be prorated on the Closing Date as of 12:00 midnight on the
day preceding the Closing Date and the Purchase Price will be aOjusted on the following basis:.
A. Deposits. Seller will retain any refundable deposits or bonds held by any
utility, governmental agenny, or service contractor with respect to the Property.
B. Property Taxes, All real estate ad valorem taxes, special assessments, and
installment payments for special assessments, if any. for the year preceding the year of
Closing will be paid by Seller. Real estate ad valorem taxes and special assessments for the
year of Closing, whether payable in installments Or not, will be prorated based upon the latest
evadable tax rate and assessed valuation. Seller acknowledges and agrees that the Property
is being pumhased by an exempt governmental entity and that the prorated taxes will be
escrowed pursuant to Section 1~2.95, Florida Statutes.
C. Uti#ly Charges. All utility charges will he pi*erated.
D. /nsura~ce. Seiler will terminate all exisfing insurance policies on the Closing
Date and Buyer wilt be responsible for placing all insurance coverage desired by Buyer. Any
prepalcI insurance premiums will be retained by Seller.
E. Ca.fled, conlirmed and ratified special assessment liens and pending
special assessment liens as of the day before Closing shall be paid by Seller at Closing.
1:3. ~ The following are conditions precedent to Buyer's obligation to pay
to Sailer the Purchase Prigs and to cemplete the CIo~ing: all of Seller's representstJons and warranties shall
be flue and correct, there shall have been no material adverse change to the Property, and Seller shall have
pedonnnd all of its obligalfens under this Contract.
14. ~lf Seller fails to pederm any of its obligations under this Contract, Buyer
may, at its option, either: (i) grant to Seller in writing such additional time to complete such performance as
Buyer desires, in frs sole discretion; (id demand specific performance by written notice to Seller; or
tamlinete this CorflraGt by written notice to Seller, whereupon Escrow Agent shall refund the Earnest Money
to Buyei*. If Seller ha~ fully perfoi*med its obligations and Buyer fails to pay the Pumhese Price to Seller at
Closing, then Seller may, as its sole remedy, terminate this Contract by written notice to Buyer, whereupon
Escrow Agent shelf pay the Earnest Money to Seller as complete and liquidated damages. Seller waives all
right fo demand specific perfon'nA~nc® and shall not assert, in reSponse to any claim by Buyer for specific
performance, any defense based upon lack of mutuality. In the event of a dispute between Seller and Buyer
or upon the default by either under this Contract, the prevailing party shall be entitled to recover reasonable
attorneys' fees and costs, whether incurred in preparation for or at trial, on appeal, or in bankruptoy.
A. 7Tree. Time is of the essence gl this Contract.
B. Notibas. All notices, requests, demands, and other communications required
ur permitted to be given under this Contract shall be in wr'riing and sent to the address(es) or
tSleCspy number(s) set forth below. Each communication shall be deemed duly given and
received'. (J) es of the date and time the same is personaJly delivered with a receipted copy;
(in if given by tstecopy, when the talecopy is transmitted to the rscipient's teiecopy number(s)
and confirmation of complete receipt is received by the transmitting p~rly during normal
bc~ness hours tot the recipient, or the day after confirmation is received by the transmitting
party if not during normal business hours for the recipient; (iii) if deJivered by U.S. Mail, three
(3) days after depositing with the United States Postal Service, postage prepa',d by certified
7
mail return receipt requested, or (iv) if given by nationally recognized or reputable Overnight
delivery sewice, on the next day alter :receipted deposit with same.
If to Seller: SUNBELT-DIX, INC.
5050 Edgewood Court
Jacksonville, Florida 32254
Atte~on:
Klm Rice Emlgiovanni, Attorney-at-Law
ff to Buyer:
Mr. Eric M. Somka
City Manager
City of Aventura
Government Center
2999 N. E. 191s1 Street
Aventura, Florida 33180
with a copy to:
Steven W. Zelkowitz, Attorney-at-Law
Weiss, Scrota & Heitman, PA.
2665 South Bayshore Drive, Suite 204
Miami, Florida 99193
C;. Enif~.4greemenf. This Contract constitutes the entire agreement between
Buyer ~ Seller regarding ~he purchase and sale of the Property. This Contract supersedes,
in all respects, ail prior written or oral agreements and understandings, if any.
O. Binding E[fec~ This Contract shall bind and benefit the parties hereto and
their respective suc, cess~rs and assigns.
E. SeverabiEty. If any clause or provision of this Contract is illegal, irwalid, or
unenforceable under any present or future law, the remainder of this Cormact will not he
F. Counte,'pa~. This Co~'ast may be executed in counterparts, each of which
shall constitute an original, but ail of which will conslffute one and the same Contract..
G. Aas~nment Sailer may not assign or delegate its du~es or obligations under
~ Cern'act witt-~ut the prior written consent of Buyer. Buyer may assign this Contract a~d
ail rights hereunder to an entity which is owned or controlled by Buyer, is under common
ownemhip er co.'uu;wilh Buyer, or owns or controis Ewer or to Sunbelt-Dix, Inc., ~ Delaware
co~poralion, or with Seller's consent, which shall not unreasonably be withheld or delayed,
Buyer may ~ assign this Contract, and upon any such assignment, shall be relieved
of any future liability under this Contract.
H. Amendmen: This Contract may not be amended or mod'died except in a
writing executed by Buyer and Seller,
i. Governing Law. Th'~ Contract shaJl be governed by and construed in
accordance with the laws of the State of Florida, witheut regard to conflict of laws rules.
Venue for any action rata. ted to this Contract shall be De. de County.
J. Broker. Seller represents and warrants that Entrepreneurs, Inc. ("Broker")
is the transaction b~:oker in connection with the sale of the Property to Buyer. Seller will be
solely respOnSible for any commission or other charge due to ~roker and any other person
or entity claiming any commission or fee by, through, or under Broker pursuant to the ten~s
of e eepax~te agreement between Seller and Broker. Buyer ~ Seller each indemnify the
other and agres to hoicl each other harmless from attd against any claims from parties other
limn Broker for ~ real estate agency or brokerage commission er other fees in connection
with this ContraCt or the subjeot matter hereof.
K. D~sclosure. Seller hereby notifies Buyer that Radon is e natureJly occun'ing
radioac'~ve gas that, when it has accumulmed in a building in sufficient qum~ities, may present
heeJth ~k to persons who m'e exposed to it over time. Levels of Radon Ihat exceed federal
and state guidelines have been found in Florida and additional infom'~tion regarding Radon
and Radon testing rn~y be obtained from county pubito health units.
L. Headings. The headings and subdivisions used in this Contm~t are for ease
of reference Only and are not intended ~ should not be interpreted to affect the
interpretation of this Contract in any way.
M. Construction. Seller and Buyer acknowledge that each has reviewed and
revised ~ COntract and consulted its own attorney(s) regarding the same and thai the rule
of conslructio~l to the effec,.t that any ambiguities are to be resolved against the draffing party
will not be employed in the interpretation of this Contract or any amendments, exhibits, or
schedules hereto.
N. ConfidenBelity. Seller shall hold in strict confidence the terms of this Contract
and the identification of Buyer. Seller may only disclose the terms of this Contract to Seller's
legaJ counsel and accounlar~ts it necessary to advise Seller in Connection with the sale of the
Property to Buyer and shall cause such counsel and accountants to, in turn, keep such terms
and the identity of Buyer confidential.
reference:
The following Exhibits attached hereto are incorporated herein by
Exhibit "A" - Legal C}escription
Exhibit "B" - Affidavit
Exhibit "C' - Escrow Agent
IN WITNESS WHEREOF, Seller and Buyer have executed this Conffact as of the date indicated below:
Signed, seaJed and delivered in
the presence of:
SUNBELT-DIX, INC.
PHm n~me~
Date:.
Print name:
Print name[
CITY OF AVENTURA
By; ....
Its: ....
Date: ....
Approved as to legal I~orm and sufficient:
City Attorney
]0
2he West l£ne o~ sa~d Trac~ JJ ~o~ 293.46 ieee; ~heflce North 81o 46' 45' Eas~
13S.49 eeet; thence ~orch 73o 23' 3S· East for ~0.1~ feet co ~he £asc l£fle of sa~d
·ract ~; thence South 90 08' 24· ~es~ &~o~ ~he Zas~ line of sa£d ?~ac~ JJ for
South L£ne o~ Ga~d Tract J~ for $30.00 fee~ to the Po~n~ of Beginning.
&ccordin~ ~o tho Plat thereof° aa ~ecOrded in Pla~ hook-UP, aC Pa~e 20, of ~he Pu~l£c
Records se Dada County, Flor'ida, described es
Conv~eflce' a~ the N.M. corner og said T=act "JJ'; thence South 30 00' 3~" East alOng =he
Weet l~ne of said Tract 'J~' ~or 7.SX ~ee~ to & Point on
l~ne o£ State Road 8S2; ~he~ce ~or~h 9Xe 4~ 4S'.East ~l~ncj.$a~d Southerly
Xxne o~ State Road 8S2 for 80.00 £eet to t~e ps,At e~ ~eg~nntng o~ the parcel of land
here~na£~er described; thence continue ~orth 81o 4~' 4S
~gh~-OeoWa¥ ~£ne of State .Road 852 eof 36,00 ~eeC; ~hence South 8o ~3, IS' Eas~ for
64.00 fee~; thence South 8~o 46' 4S' ~es~ for 36.00 ~eet; thence l~Orth 8o
for ~4.00 feet to the po~nt of beg~nfling.
STATE OF FLORIDA )
COUNTY OF _ )
BEFOKK ~ an office= duly authorized in the SCa~e and
C~nty aforesaid ~ .~ke ac~l~g~en~, pe~onally appe~,
upon oa=h, deposes and says=
1. The A~f~nt is ~he O~
inc., a Delaware c~ora~ion (~h~ -Cobb=ion") ·
2. ~ ~ Co~ora~i~n is the ~er of ~ee
title ~o the real p~p=~Y descried ~n ~IBIT "A" a~=ached here=o
and made a part hereof locat.d in Dade county,
3. That the address of the
FXor£da ( ~he
4. That in h/n/her capapity as of th~
person having a beneficial Lnterest £n the prop~r~yo
5. The. na~e. and adci~esses o~ ~-~ pez~ons hav£ng a
m~ao~ed he.to ~d
6. ~a~ ~e. Af~ia~ ~s Eu~2y Au~ho=$z~ ~o ~e and
Af~dav~t is based u~n ~r~oflal
7, ~iS Affidavit is g~ven ~n c~ll~c~ w~h the
~ire~n~s of Sou~l~ 285.2~, ~lorida S%mcut~s, ~d made under
~URTH~R AFFIANT 9A~ NAUGHT.
Dated: ___, 1996
,
Sworn to subscribed before me thl~ -- day of , L~6,
· who is L ] (check one) personally known
ko me or ] has produced ....... as
lden~l£~cation.
(NOTA~ZA~ S~AL)
Public
Printed l~ame ~
Comn~ss~.on Exp~.res:
Ce~a£n ~eal I~:o~e~c~' ].o~a~.ed J.n DadeCoufl~:¥, Flor:Ld& and
nto~e part:Lcu.].,~Cl¥ desc~beti as
· % Escrow Agent shaJl de,oosit the Earnest Money as set forth in Section 3.A
hereof. Escrow Aoent sha~l disburse the Earnest Money to T~Je Agent on or before the
Closing Date upon receipt of written notice to such effect signed by both Buyer and Seller.
The disbursement of ~e Earnest Money sball be by wire transfer or in some other
immediately zvaitsble fo~m as to allow T'~e Agent tO disburse same to Seller at Closing.
A~ternatively, upon the mutual agreement of the parties, Escrow Agent shall disburse the
Earnest Money dire~Jy to Seller as part of the closing proceeds upon receipt of written notice
to such effect signed by both Buyer and Seller. Buyer shall not be considered in default or
h~we any liability for' Escrow Agent's failure to deliver the F~rnast Money nc instructed and
required herein.
B. The Escrow Agent agrees to psd=rm its d~es as required in this Contract,
In the event Escrow Agent is in doubt as to its duties or liabilities under the provisions of this
Contract, Escrow Agent may, in its sole discretion, continue to hold the Deposit which has
been delivered to it until the par~es mutually agree as to the disbursanlent or distribution
thereof or until a judgment of a court of competent jurisdiction determines the rights of the
panlas thereto; aitematfvaly, Escrow Agent may deposit the Deposit being held pursuant to
the terms of this Conl~ct with.the Clerk of the Circt~it Court of Dada County, Fionda, and Ul~On
nolffying all pallies concerned of such action. Escrow Agent shall have no liability by mason
of ~ acing as an escrow agent hereunder, except to the extend of accounting for any of the
Deposit i~eviously delivered out of escrow. In the event of any suit between Buyer and Seller
in which Escrow Agent is made a party by virtue of its soling as an Escrow Agent hereunder,
or in ~he event of any suit in which Escrow Agent deposits the Deposit or any other funds
being held pursuant to the terms of this Contract in any interpleader action, Escrow Agent
shall be entitled to rscobe~ its costs in connec0on with such suit, including reasonable
aitomeys; fees in all ~ial, a~peltsts ~ bankruptcy court proceedings, which shall be payable
bythe n~n-prsvalrmg court proceedings, which shall be 13a. yable by the non-prevailing party.
All parties hereto agree that Escrow Agent shall not be liable to any p~a'ty or person
wimmsoever for ~he failure of any financial institution in which the Escrow Agent places all or
a perlion of the Deposit, or for misdet'wery to Seller or Buyer of the Deposit or other funds held
pursuant to the terms of this Contract. Buyer and Seller acknowledge that Escrow Agent
represents Buyer in conne~on with the acquisition of the property end Buyer and Seller
hereby waive any c, lalm of conflict of int~est by reason of Escrow Agents actions in that
capacity under this Contrast.
STEARNS, WEAVER, alU. ER, WEiSSLER,
ALHADEFF & $1] lx=HSON, P,A,
By;
Escrow Agent
t2
MIAMI DALLY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dede County, Florida,
STATE OF FLORIDA
COUNTy OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daily Business
Review f/kJa Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
PUBLIC NOTICE OF THE PROPOSED
ORDINANCES OF THE CITY OF AVENTURA
GRANTING TO BELLSOUTH
TELECOMMUNICATIONS, INC., ETC.
9/17/96
in the ........................ ~X'~ ............................. Court,
was pubiished in ~id newspaper in the issues ~
Sap 6, 1996
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in sstd Dada
County, Florida, and that the said newspaper has heretofore
been continuously published in said Dede County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in Miami in said Dada County, Florida, for a period of
one year next preceding the first publication of the attached
copy of advertisement; and affiant further says that she has
neither paid r promised any perso ' or corporation
any disco t, rebate, commissio r the purpose
of sec n 's advertisem n in the said
new p
Sworn to and subscribed before me this
6 September 96
J. ~....~e.. JANETT LLERENA- ~
Octelma V. Ferbey I~ ~.lfno'~gn tcX~l~eSs~or
PUBLIC NOTICE
OF THE PROPOSED
ORDINANCE OF THE
CiTY OF AVENTURA
NOTICE IS HEREBY GIVEN
that on Tuesday, the 17th day o!
September. 1996. at a meeting of
the City Counci~ of the City of
Aventura, to be held at 7:00 p.m. in
the Council Meeting Room at the
Columbia Aventura Hospital and
Medica Center. 21110 Biscayne
Boulevard. Suite 101 Aventura.
Florida. the City Council will con-
sider the adoption of the following
Ordinance entitled:
AN ORDINANCE OF THE
CITY OF AVENTURA. FLOR-
IDA: GRANTING TO BELL-
SOUTH TELECOMMUNICA-
TIONS. INC. A NON-EXCLU-
SIVE FRANCHISE iN THE
CITY OF AVENTURA, AU-1
COMMUNICATIONS, INC. TOI
USE THE PUBLIC RIGHTS-
OF-WAY AND STREETS OF
THE CITY, FOR THE PUR-
POSE OF ERECTING, CON-I
STRUCTING, MAINTAINING
AND DPERAT NG L NES OF
TELEPHONE EQUIPMENT
THEREON AND THEREUN-
DER; PROVIDING FOR A
FRANCHISE FEE: PROVID-
ING THE TERMS AND CON-
Of TIONS OF SUCH GRANT;I
F~ROVIDING FOR SEVER-!
ABILITY; PROVIDING FOR~
INCLUSION IN THE CODE;I
AND PROVIDING FOR ANI
EFFECTIVE DATE. (~cond[
Reading)
The proposed Ordinance may be
inspected by the public at the Of-
fica of the City Clerk, 2999 N.E.
191st Street, Suite 500, Aventura,
Florida, Interested parties may ap-
pear at the Public Hearing and be
heard with respect to the proposed
Ordinance.
the City Council on an item at this
Any person wishing to address
Public Hearing is asked to register
with the City Clerk prior to that item /
being heard. Prior to making a/
statement, ,for the record, please
state your ~ame and eddre~s.
In accordance with the Ameri-
cans with Disabilities Act of 1990,
all persons who are disabled and
who need special accommodstions
~a p_art!cipate in ~p~
because of the disability should
contact the O(fise of the City Clerk,
466-8901 not later than two busi-
ness days prior to such proceed-
If a person decides tO appeal any
decision made by the City Council,
With respect to any matter consid-
ered at a meeting or hearing, that
person will need a record of the
proceedings and, for such purpose,
may need to ensure that a verba-
tim record of the proceedings is
made, which record includes the
testimony and evidence upon
which the appeal is to be based.
Dated this 6th day of September,
1996~
Teresa M. Smith, City Clerk
City of Aventura
(305) 466-8901
9/6 96-44kq0616M