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10-07-1997 CC Meeting Agenda / CITY OF AVENTURA COUNCIL AGENDA October 7, 1997 - 6:00 P.M. .-' City Council Arthur I. Snyder, Mayor Jeffrey M. Perlow, Vice Mayor Arthur Berger, Council member Jay R. Beskin, Council member Ken Cohen, Council member Harry Holzberg, Council member Patricia Rogers-Libert, Council member Eric M. Soroka, City Manager Teresa M. Smith, City Clerk Weiss Serota & Helfman, City Attorney ~. ~/ City of A ventura ~ Arthur L Suyder, Mayor Jeffrey M. Perlow, Vice Mayor Councilmembers Arthur Berger Jay R. Beskin Ken Cohen Harry Holzberg Patricia Rogers-Libert Council Meeting October 7, 1997 6:00 P.M. Columbia Aventura Medical Arts Building 21110 Biscayne Boulevard Suite 101 Aventura, Florida 33180 AGENDA 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. ZONING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M. QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Council's agenda are quasi-judicial in nature. If you wish to object or comment upon these items, please indicate the item number you would like to address when the announcement regarding the quasi-judicial item is made. You must be sworn before addressing the Council, and if you wish to address the Council, you may be subject to cross-examination. If you refuse to submit to cross-examination, the Council will not consider what you have said in its final deliberations. DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS PURSUANT TO ORDINANCE 96-09 A. APPLICANT: JAMES F. HEIMAN A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A VENTURA, FLORIDA APPROVING THE VACATION AND ABANDONMENT OF A PORTION October 7, 1997 Council Meeting OF THE NE 29th COURT RIGHT-OF-WAY, APPROXIMA TEL Y 55 FEET IN WIDTH, EXTENDING FOR APPROXIMATELY 110 LINEAR FEET FROM THE NORTHERN LIMITS OF IMPROVED NE 29th COURT TO THE NORTHERN CITY BOUNDARY, UPON PETITION OF JAMES F. HEIMAN; AND PROVIDING FOR AN EFFECTIVE DATE B. APPLICANT: MAGEN DAVID CONGREGATION OF FLORIDA, INC. (It is anticipated that this item will be deferred) C. APPLICANT: PCT BISCAYNE BOULEVARD PARTNERSHIP, A FLORIDA GENERAL PARTNERSHIP AND THE FLORIDA DEPARTMENT OF TRANSPORTATION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A VENTURA, FLORIDA GRANTING APPROVAL OF PROPERTY CURE FOR EMINENT DOMAIN PROCEEDINGS FOR PROPERTY LEGALLY DESCRIBED IN EXHIBIT #1 AND COMMONLY KNOWN AS "LOEHMANN'S FASHION ISLAND"; PROVIDING AN EFFECTIVE DATE. D. APPLICANT: BROOKMAN-FELS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A VENTURA, FLORIDA, APPROVING THE FINAL PLAT FOR AVENTURA ESTATES REPLAT, SECTION 35, TOWNSHIP 51S, RANGE 42E OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO TAKE THE NECESSARY ACTIONS PURSUANT THERETO; PROVIDING FOR RECORDATION PROVIDING FOR AN EFFECTIVE DATE. E. APPLICANT: A VENTURA SHOPS, INC. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF MULTI-TENANT CENTER SIGN GRAPHICS FOR FA<;:ADE SIGNAGE FOR 2 October 7, 1997 Council Meeting PROPERTY LOCATED AT 3001-3025 A VENTURA BOULEVARD; PROVIDING AN EFFECTIVE DATE. F. APPLICANT: A VENTURA COMMONS ASSOCIATES A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A VENTURA, FLORIDA APPROVING THE A VENTURA COMMONS REPLAT, SECTION 34, TOWNSHIP 51S, RANGE 42E OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO TAKE THE NECESSARY ACTIONS PURSUANT THERETO; PROVIDING FOR RECORDATION; AND PROVIDING FOR AN EFFECTIVE DATE. 4. APPROVAL OF MINUTES: Council Meeting - September 16, 1997 Council Meeting - September 23, 1997 5. AGENDA: Request for Deletions/Emergency Additions 6. SPECIAL PRESENTATIONS: FLORIDA DEPARTMENT OF TRANSPORTATION UPDATE: GRADE SEPARATION - BISCAYNE vn PROJECT 7. CONSENT AGENDA: A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A VENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED CONTRACT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND THE CITY OF AVENTURA IN CONNECTION WITH THE DEVELOPMENT, COMPLETION AND ADOPTION OF THE CITY'S COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (provides for receipt of grant funds from the State in the amount of $40,000 to assist in the preparation of the Comprehensive Plan) 3 October 7, 1997 Council Meeting B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED LEASE AGREEMENT BETWEEN THE CITY OF A VENTURA AND POINT EAST ONE CONDOMINIUM CORPORATION, INC., POINT EAST TWO CONDOMINIUM CORPORATION, INC., POINT EAST THREE CONDOMINIUM CORPORATION, INC., AND POINT EAST FOUR CONDOMINIUM CORPORATION, INC., TO PROVIDE FOR THE ESTABLISHMENT OF A FIRE RESCUE SUBSTATION; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. (Authorizes Lease Agreement for Metro Dade Fire Rescue SubStation at Point East to serve southern portion of the City) C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A VENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF AVENTURA AND TRAFALGAR ASSOCIATES OF AVENTURA, LTD., CONCERNING ROAD AND DRAINAGE RIGHT-OF-WAY AND IMPROVEMENTS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Authorizes execution of Development Agreement addressing road, landscaping, street lighting and development review issues on NE 207& Street, NE 213& Street, NE 30& Avenue and NE 34& Avenue) D. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A VENTURA, FLORIDA, REJECTING THE PROPOSALS OF RELIABLE WRECKER SERVICE AND NOLAN NORTH TOWING AS NON- COMPLYING WITH REQUIREMENTS; AWARDING A CONTRACT FOR RFP NO. 97-9-4-10 FOR TOWING, WRECKER AND STORAGE SERVICE TO SEAY TOWING, INC.; AWARDING A 4 October 7, 1997 Council Meeting CONTRACT TO MIDTOWN TOWING OF MIAMI, INC AS THE BACKUP PROVIDER OF TOWING, WRECKER AND STORAGE SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE (Awards bid for towing, wrecker and storage services to Seay Towing, Inc.) E. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A VENTURA, FLORIDA AWARDING THE BID FOR BID NO. 97-9-26-2, PURCHASE H & K CARBINE WEAPONS, TO SOUTH FLORIDA SPECIALTY FIREARMS AT THE BID PRICE OF $28,501.00; AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. (Awards bids for purchase of carbine weapons for use by the Police Department to South Florida Specialty Firearms) F. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AWARDING THE BID FOR BID NO. 97-9-25-2, PURCHASE OF POLICE BOAT, TO NAUTICA INTERNATIONAL AT THE BID PRICE OF $50,000; AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. (Awards bids for purchase of boat to be utilized by the Police Department) 5 October 7, 1997 Council Meeting 8. PUBLIC HEARINGS: MORATORIUM WAIVER REQUEST: MOTION TO APPROVE REQUEST BY DUMBFOUNDLING BAY, LTD. FOR WAIVER FROM MORATORIUM, SUBJECT TO CONDITIONS AS OUTLINED IN CITY MANAGER'S MEMORANDUM DATED SEPTEMBER 30, 1997 9. PUBLIC HEARINGS: ORDINANCES - SECOND READING: A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO. 96-28 WHICH REQUIRES ALL BUILDING CONTRACTORS CONDUCTING BUSINESS WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF A VENTURA TO REGISTER WITH THE CITY; AMENDING THE REQUIREMENT FOR QUALIFIERS TO PERSONALLY APPEAR AT THE TIME OF REGISTRATION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, ESTABLISHING QUALIFICATION PERIOD FOR FILING TO RUN FOR ELECTION TO OFFICE OF COUNCILMEMBER OR MAYOR; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE AND AN EFFECTIVE DATE. 10. RESOLUTIONS: None 11. OTHER BUSINESS: None 12. REPORTS 13. PUBLIC COMMENTS 14. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS: COUNCIL MEETING October 21, 1997 7 p.m. 6 October 7, 1997 Council Meeting This meeting is open to thepubHc. In accordance with the Americans with Disabilities Act of 1990, a11 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 Cletk, 466.8901, not tater than two days prior to sum proceeding. Anyone wishingto appeal any decision made by the Aventura City COlmcil with respect to any matter considered at suoo med.ing or hearing will need a record of the proceedings and, for sud1 purpose, may need to ensure that a verbatim record of the proceedings is made, whim record includes the testimony and evidence upon whim the appeal is to be based Agenda items may be viewed at the Office of the City Clerk, City of Avattura Govemmart Center, 2999 NE 191st Strea, Suite 500, Avartura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact. the City Clerk at 466M8901. 7 CITY OF A VENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Council FROM: Eric M. Soroka, Ci BY: , Dire tor of Community Development ~ DATE: September 22, 1997 SUBJECT: Petition to Abandon a portion of the unimproved NE 29'" Court Public Right-of-Way October 7,1997 City Council Meeting Agenda Item .1 It RECOMMENDATION It is recommended that the right-of-way be abandoned with the condition that a non- vehicular access line be imposed at the new northern terminus of NE 29 Court. THE REQUEST The applicant, James F. Heiman, is petitioning to abandon all rights of the City of Aventura to a portion of the unimproved NE 29 Court right-of-way. The area to be abandoned is approximately 55 feet in width and extends for approximately 110 linear feet from the northern limits of improved NE 29 Court to the northern City boundary. The applicant is the owner of the properties to the east and west of the area proposed for abandonment. (see Exhibit #1 for application). BACKGROUND PETITIONER James F. Heiman OWNER OF PROPERTY City of Aventura LOCATION OF PROPERTY The unimproved extension of the NE 29 Court right-of-way to the northern City Limits. (see Exhibit #2 for LocatiDn Map) SIZE OF PROPERTY Approximately 0.135 acres LEGAL DESCRIPTION See Exhibit #3 for Legal Description ZONING OF ADJACENT PROPERTIES North: South: City of Hallandale Public Right-of-way (eastern half BU-1A, western half RU-3M) BU-1A, Limited Business District RU-3M, Minimum Apartment House District East: West: EXISTING LAND USE OF ADJACANT PROPERTIES North: South: East: West: Vacant NE 29 Court Vacant Single Family Residential TEST FOR ABANDONMENT The test for abandonment of a public right-of-way is for all public interest in the property to be extinguished. Public interest in the subject portion of NE 29 Court has been extinguished as evidenced by the following: 1) Access Each of the adjacent properties will continue to have adequate public access if the City Council chooses to abandon the subject property. The two adjacent commercial properties to the east have access on Biscayne Boulevard. The residential property to the west has access from NE 214 Terrace. The property to the north is located within the City of Hallandale. The City of Hallandale has been informed of the petition and has expressed no objection to the abandonment. 2) Utilities The utility companies servicing the area have provided letters stating that they have no objection to the abandonment. Of the utility companies, only Florida Power and Light (FPL) has existing infrastructure in the right-of-way. FPL has executed an agreement 2 with Mr. Heiman for an easement to be dedicated at time of abandonment. Therefore, no public utilities will be exposed as a result of the abandonment. ANALYSIS The Community Development Department has identified additional considerations in support of the abandonment. · The right-of-way is located at the outer limits of the hospital moratorium area and additional entrances to this area may not be desirable. · An access point at NE 29 Court connecting the two residential neighborhoods is not necessary. Residents can use several of the other existing roads for access. Additionally, limiting the number of access points into and out of the City is desirable from a public safety perspective. · The commercially zoned properties to the east should be discouraged from using NE 29 Court to access the rear of the properties. By so doing, service vehicles will not be traversing residential streets. · If improved, NE 29 Court could be potentially used by commercial traffic as an alternate to Biscayne Boulevard, posing a safety concern to residents. In order to limit access, staff believes it is in the City's best interest to abandon the right- of-way. If abandoned, the property would be divided evenly amongst the two adjacent property owners, both of which are Mr. Heiman's. The zoning district boundary would be defined by the right-of-way centerline, as required by Dade County, making the western half of the abandoned property an RU-3M designation and the eastern half a BU-1A designation. Since Mr. Heiman would then have the opportunity to intensify the use on the extended commercial lot, a larger buffer area may be required to protect the residential from the commercial properties. Staff suggests that the buffer size be determined at the time development activity begins. The buffer size should depend on the future use of the property and may need to be greater than that required by the Zoning Code. Citizen Comments The Community Development Department has not received any written citizen comments. 3 CONDITIONS Staff recommends that a non-vehicular access line be imposed at the north terminus Df improved NE 29 Court to ensure that the property not be used for access to and from surrounding commercial properties. This covenant must be submitted in a form approved by the City Attorney and recorded in the public records of Dade County, all expenses to be paid by the petitioner. 4 RECEIVED PETITION TO CLOSE ROAD HAY I 5 1997 COMMUNITY DEVELOPMENT TO: Board of County Commi.~sioners Dad~ County, Florida ~ The undersigned. pursuant to Sections 336.09 - 336.12, Florida Statut.., hereby petition the Board of County Commissioners to vac:ate, abandon, disc:.ontinue and close an existing public or private street, aneyway, road, highway, or other place used for travel. or a portion thereof, and to renounce and disdaim any right of the County and the public in and to any land in connection therewith; or to renounce and disclaim any right of the County and the publk in and to certain l.nd, or interest therein, acquired by purchase, gift. devise, dedication or prescription for street, alleyway, road or highway purposes; or to renounce and disclaim any right of the County and the public in and to certain land delineated on a recorded map or plat as a street, alleyway. road or highway. The undersigned hereby certify: 1. LEGAL DESCRIPTION: The complete and accurate legal description of the road, right of way or land sought to be dosed is as follows: A portion of the "Reserved" area lying East of Lot 10, Block 24, as shown on that certain plat of HALLANDALE PARK, as recorded in Plat Book 12 at page 37, of the Public Records of Dade County, Florida, being more particulary described as follows: Being at the Northeast corner of said Lot 10; thence "East" along the Easterly extension of the North line of said Lot 10 for 52.26 feet; thence South 01 degrees 19 minutes 20 seconds East along the East line of the "Reserved" area as shown of the aforementioned plat of "HALLANDALE PARK" for 100.03 feet; thence "West" for 54.40 feet; thence North 0 degrees 05 minutes 41 seconds West along the East line of said Lot 10 for 100.01 feet to the Northeast corner of the said Lot 10 and the Point of Beginning, lying and being in Dade County, Florida. EXHIBIT #1 III OE-- 2J r."c; E I \It ~.,', co', '" ,.-, "\' "<.f j Jd Nd lZ:r OHM L6-j -HHd 2. PUBLIC lI\iTEREST IN ROAD: The title or interest of the County and the public in ane! to the above described road, right of way or land was acquired and is evidenced in the following manner (state whether public interest acquired by deed, dedication or prescription and set forth where deed or plat is recorded in public records): This road was aedicated in 1924 According to the plat thereof. public records of Dade County. by the plat HALLANDALE PARK. Recorded in P.B. 12-37 of 3. ATIACH SURVEY Sl<ErCH: Attached hereto is a survey Or location sketch accurately sho"ing and describing the above described road, right of way or land and its locatinn and relation to surrounding property, and showing all encroachments and utilily easements. N/A 4. ABL "!TING PROPERTY OWNERS: The following constitures a complete and accurate schedule of all owners and occupant. of property abutting upon Or adjacent to the above described road, right of way Or lands and an p.rson9 who will be affected by the closing and abandonment thereof (.111 interested or affected persons must either sign this petition or sign a written consent): Name Add...ss De8Crlptlon of Property Robert Aiken 1010 S. Federal Hwy. North side of subject property James F. Heiman 4520 SW 62nd ct. West side of subject propeFty 1U]ar Development Inc. 4520 SW 62nd ct. East side of subject prop~ty James F. Heiman, President City of Aventura 2999 NE 191 StreBt South side of subject prq;>erty 5. ACCESS W arHER PROPERTY: 1he undersigned certify that in the event lhi3 petition is granted no other property owners will be prevented from access to and from their pr' ?erlj' and no other property owners in the vicinity will be adversely affected. N/A 6. NO FEDERAL OR STATE HIGHWAY AfFECTED: The undersigned certify that the above described road, right of way or land is not a part of any Slale or federal highway and was not acquired Or dedicated lor state or lederal highWay purposes; and that such road, right of wav Or land is under the control and jurisdiction of the Board of Counly C,'mmissioner>. N/A IlltW,-2.J('\<..:E: 91d Wd ZZ:V Gdffi L6-S -add 7. GROU;'.iD5 FOR GRANTII\;G PETITION: l11t~ under9igned ~ubmit a'i a groul\d~ and rea~on5 in support of this petition tht' following (~tnte in detail why petition should be granted): I am the owner of the properties both East and West of subject property and would like to include this with my property. This roau was never i,qproveu or man tal ned by Dade County. 1 t is overgrown. and I would lj_lc-~ to keep it clean and stop peop1.Y from throwing trash and debris on it. (Petition rnng\ be signed by all property owners abutting the ro.d, rlf,ht of way or land< to be closed or .bandoned) Respectfully <ubmitted, Name Address -~-~-~.------~ 1010 S.Federal lIiqhwav. Hallandale, 4520 SW 62nd ct., Miami, FL 33155 Inc.. 4520 SW 62pj ct.., Miami, FL 33155 ~8s P.. Heiman, presiaent /1 ) ~~~I~-- ~f. L,-S ,./~. ! L/C~~lx_~L~ve~ltUl~,-~__.____ 2999 NE 191 street, I\vell~_ura, FL 33" --~---,-~-~------ III \....~) I',\{; [ J zz:v U~~ L6-S -~3~ L 11 Joseph DiBartolomeo, Esq. Attorney for Petitioners Addre~g: 8400 Bird Road, FL 33155 (Signature of attorney not required) STATE OF FLORIDA ) ) 55.: COUNTY OF DADE ) B~ME, the undersigned ,hOrity, personally appeared ~ C. ,/-l JU t:'C r ) 2::/ 1# 14 U . who lirst by me duly sworn. dEposes and says that he is one of the petitioner! named in who signed the foregoing petition; milt he ill duly authorized to make this verification lor nd n behaU of all petitioners; that he hac; read the foregoing petition and that the statem ts t rein contained are Ie. My Commission Expires: "';;'''1''''' MIRIAM R. MESA {:t',/j,,"'1;::j MY COMMISSION #;G ~,'6491 ~"~'!r.: EXPIRES: October 20, ,9913 ~'~~p.'; ;..<ffi': Bondad Thru Notary Pullllc Und6IWrIlers """ BId Wd SZ:V aaffi L6-S -Had 10 ST. .L:J... ,. , .....J...:... .. .... ... .. .',J4 - ~22) ? ~ 5 1 (24 51 01-043 CITY OF HA AND4LE I.", t- J -:-::.." ....'. *") U 1 A CITY F fti ENTWRA ~~~ 1\\.I~6 ,~~ :\\" 6 l~:, 11<<' ~ - .. .. I.w !vi' :.. .. '" .. I.... '. N E 214' T ERR . ~ Subject Property II J II II \130 POi""''''''I'''' I"I~ ~ BU-2 ; 5 1 5 1 I~ . .c : I;; ... -IC lJ !u..: lC~ 6 r: . ~ I V\ """.." '" .. -. ,,'I. .J::. NE 214ST. m BU--1 " . ... 30' n rn ,,, '" ".. '"' i .. fiIJ C"-l !~I OJ \ ---,-"/ J . -ts J -~ - IC - lC 6 - IC' . .. )~ - J& ~ o o s,'.. ~ ". . - ~ - 9 CT. .. .. rJa -0 1)<1 .. .. . .. .. - .., .. .,. ~, ~ 1 5 ,. 5 I:; I") . ..... ;;:l ~....~ /.-,'1 4 "\ . 15 ,16/ "1 . r-' IC ~ .~ "0 8 r- 1C ; ,(). ~ ~.. - ~ '. .. .. - " ,. - . .31J ~ hc 6 ..... ~~ ~I 5 1 ~~. ~ ""'" 10 6 5 1 .... It.,U 30' 22:. It .. I.. I.. I.. .. .. NE 213 ST STOR-ALL ,~ 13< ~ @-04]) \0 'It o I 0r- a 01-045 . '" -.-. '1 . --" .~1-044 ~ <( UJ 0: f- (f) u.. -1 ::> (!J ~ gJ :5 o OJ lJ J !t1 co ~ ,;) 71 ~. ~. ~ J,.4.t EXHIBIT #2 . N LEGAL DESCRIPTION: Sfc-CJne A portion of the "Reserved" area lying East of Lot 10, Block 24, as shown on that certain pial of "HALLANDALE PARK", as recorded in Plat Book 12 at Page 37, of the Public Records of Dade County. Florida, being more particularly described as follows: Begin at the Northeast corner of said Lot 10; thence "East" along the Easterly extension of the North line of said Lot 10 for 52.26 feet; thence South 0 I degrees 19 minutes 20 seconds East along the East line of the "Reserved" area as shown on the aforementioned plat of "HALLANDALE PARK" for 100.03 feet; thence West for 27.20 feet; thence South 0 degrees 42 minutes 31 seconds East for I 0.00 feet to a point on the Easterly projection of the South line of said Lot I 0; thence West along the said Easterly projection for 27.31 feet to the Southeast corner of said Lot 10; thence North 0 degrees 05 minutes 54 seconds West along the East line of said Lot 10 for 110.01 feet to the Northeast comer of said Lot 10 and the Point of Beginning. s,fC'l'luo A portion of the "Reserved" area lying East of Lot 10, Block 24, as shown on that certain plat of "HALLANDALE PARK", as recorded in Plat Book 12 at Page 37, of the Public Records of Dade County, Florida, being more particularly described as follows: oM/o.{ence at the Southeast corner of said Lot 10; thence East along the Easterly projection of the South line of Lot 10 for 27.3 I feet to the Point of Beginning; thence continue East along said Easterly projection for 27.31 feet to a point on the East line of the "Reserved" area; thence North 01 degrees 19 minutes 20 seconds West along the East line of the "Reserved" area for 10.00 feet; thence West for 27.20 feet; thence South 0 degrees 42 minutes 31 seconds East for 10.00 feet to the Point of Beginning. EXHIBIT #3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA APPROVING THE VACATION AND ABANDONMENT OF A PORTION OF THE NE 29TH COURT RIGHT-OF-WAY, APPROXIMATELY 55 FEET IN WIDTH, EXTENDING FOR APPROXIMATELY 110 LINEAR FEET FROM THE NORTHERN LIMITS OF IMPROVED NE 29TH COURT TO THE NORTHERN CITY BOUNDARY, UPON PETITION OF JAMES F. HEIMAN; AND PROVIDING FORAN EFFECTIVE DATE WHEREAS, the City Council of the City of Aventura has been petitioned (the "Petition") to vacate and abandon a portion of the NE 29th Court right-of-way, approximately 55 feet in width, extending for approximately 110 linear feet from the northern limits of improved NE 29th Court to the northern City boundary, and legally described as follows: That portion of the "Reserved Area" as described on Exhibit #1 attached hereto and incorporated herein; and WHEREAS, the Petitioner, James F. Heiman, (the "Petitioner") has agreed to abide by the condition set forth in Section 2 of this Resolution; and WHEREAS, the City Council deems it advisable and in the best interest of the City to vacate and abandon the above described right-of-way of NE 29th Court; and WHEREAS, the City Council has held a public hearing on October 7, 1997, and has determined that no county, state or federal highways are involved or affected, and has determined that vacation and abandonment will not be detrimental to the public health, safety and welfare, and the above described portion of the right-of-way of NE 29th Court is not needed by the City or the public. Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA: Section 1. That certain portion of the right-of-way of NE 29th Court, as described above, is hereby vacated, abandoned, discontinued and closed, and all rights of the City and the public in and to the same are hereby renounced and disclaimed, subject to the condition stated in Section 2 of this Resolution. Section 2. That the vacation and abandonment provided for in Section 1 of this Resolution are subject to compliance by the Petitioner and its successors and assigns with the condition that a non-vehicular access line be imposed at the northern terminus of NE 29th Court. This covenant must be submitted in a form approved by the City Attorney and recorded in the public records of Dade County, Florida, all expenses to be paid by the Petitioner. Section 3. That the official map of the City of Aventura shall be amended in accordance with the action taken herein. Section 4. 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: Council member Arthur Berger Councilmember Jay R Beskin Councilmember Ken Cohen Resolution No. Page 3 Council member Harry Holzberg Councilmember Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED this yth day of October, 1997. ARTHUR I. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY LEGAL DESCRIPTION: Sfc-CJne A portion of the "Reserved" area lying East of Lot 10, Block 24, as shown on that certain plat of "HALLANDALE PARK", as recorded in Plat Book 12 at Page 37, of the Public Records of Dade County. Florida, being more particularly described as follows: Begin at the Northeast corner of said Lot 10; thence "East" along the Easterly extension of the North line of said Lot 10 for 52.26 feet; thence South 01 degrees 19 minutes 20 seconds East along the East line of the "Reserved" area as shown on the aforementioned plat of "HALLANDALE PARK" for 100.03 feet; thence West for 27.20 feet; thence South 0 degrees 42 minutes 31 seconds East for 1 0.00 feet to a point on the Easterly projection of the South line of said Lot 1 0; thence West along the said Easterly projeetion for 27.31 feet to the Southeast corner of said Lot 10; thence North 0 degrees 05 minutes 54 seconds West along the East line of said Lot 10 for 110.01 feet to the Northeast corner of said Lot 10 and the Point of Beginning. s,fe J;uo A portion of the "Reserved" area lying East of Lot 10, Block 24, as shown on that certain plat of "HALLANDALE PARK", as recorded in Plat Book 12 at Page 37, of the Public Records of Dade County, Florida, being more particularly described as follows: OMMence at the Southeast corner of said Lot 10; thence East along the Easterly projection of the South line of Lot 10 for 27.31 feet to the Point of Beginning; thence continue East along said Easterly projection for 27.31 feet to a point on the East line of the "Reserved" area; thence North 01 degrees 19 minutes 20 seconds West along the East line of the "Reserved" area for 10.00 feet; thence West for 27.20 feet; thence South 0 degrees 42 minutes 31 seconds East for 10.00 feet to the Point of Beginning. EXHIBIT #1 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM BY: TO: FROM: DATE: October 1, 1997 SUBJECT: Magen David Congregation Request for Non-use Variances to construct a Religious Facility in a BU-2, Special Business District. Application Number: 07 -MA-97 October 7, 1997 City Council Meeting Agenda Item .3 8 RECOMMENDATION The City's Ordinance No. 97-15 outlines specific noticing requirements prior to a public hearing, including (1) notice published in a newspaper of general circulation not less than 10 days prior to the public hearing; (2) mailed courtesy notice to property owners within 300' of the subject property; (3) property posted no later than 10 days prior to the public hearing to inform residents of the application and hearing date. The applicant failed to meet the noticing requirement for the posting of the subject property ten (10) days prior to the October 7, 1997 public hearing date. Therefore, it is recommended that the Public Hearing be opened and continued to the City Council meeting of October 21,1997. By doing so, mailed notices and newspaper notice will not be required to be repeated. THE REQUEST The applicant, Magen David Congregation of Florida, Inc., A Florida not for Profit Corporation, is requesting non-use variances to construct a Religious Facility in a BU- 2, Special Business District. Istaff reportslMagen David 100797 deferred CITY OF A VENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Council BY: Jaye M. Epstein, ~ FROM: DATE: October 1, 1997 SUBJECT: PCT Biscayne Boulevard and Florida Department of Transportation (FOOT) request for Non-use variances (05-SP-97, 06-MA-97 and 08-SP-97) October, 1997 City Council Meeting Agenda Item:6C./ RECOMMENDATION Staff recommends approval of PCT's Loehmann's Alternate 2 based on superior landscaping. As a condition of approval, the applicant shall request building permits within 12 months of the date of the settlement of the eminent domain proceedings or the site plan and variances granted shall be deemed null and void. THE REQUEST PCT Biscayne Boulevard Partnership and the Florida Department of Transportation (FOOT) are requesting a special exception for site plan approval and related variances for the property known as "Loehmann's Fashion Island." The requests are being made in order to cure Non-conformities created by FOOT's acquisition of a portion of the subject property (see Exhibit #1 for letters of intent and applications). The applicants have submitted two sets of cure plans each, requiring the following: PCT Biscayne Boulevard Partnership 1. Non-use variance of open space requirements 2. Modification of Declaration of Restrictions Florida Department of Transportation 1. Non-use variance of open space requirements 2. Modification of Declaration of Restrictions 3. Non-use variance of Parking lot buffer requirements (Potential Condition Plan I only) The request for the parking lot buffer variance in FDOT's Potential Condition Plan I was not given to staff prior to the public notification deadline. As a result of the tardy submittal of revised site plans, this variance was not properly noticed. Although the Potential Condition Plan I cannot legally be adopted on October 7, 1997, staff has reviewed the plan regardless because of PCT's request to be heard by the City Council as soon as possible. BACKGROUND OWNER OF PROPERTY PCT Biscayne Boulevard Partnership LOCATION OF PROPERTY East of Biscayne Boulevard between NE 187th Street and NE 19181 Street (see Exhibit #2 for Location Map) SIZE OF PROPERTY Approximately 27.46 acres LEGAL DESCRIPTION See Exhibit #3 EXISTING ZONING BU-2, Special Business District and BU-3, Liberal Business District FUTURE LAND USE DESIGNATION Business and Office Zoning - The subject property is zoned BU-3 on the easternmost portion of the property and BU-2 on the western portion of the property, The properties to the north are zoned BU-2, Special Business District with a small piece of land (behind Koo Koo Roo's) zoned IU-1, Industrial, Light Manufacturing District. The properties to the east are zoned IU-1, Industrial, Light Manufacturing District and IU-2, Industrial Heavy Manufacturing District. The properties to the south are zoned BU-1A, Limited Business District. Directly to the west is of the property is Biscayne Boulevard and the FEC Railroad right-of-way, followed by unincorporated Dade County. Existing Land Use - The subject property is currently the site of Loehmann's Fashion Island, a 310,000 square foot shopping center. To the north and south are strip shopping centers. To the east is NE 29 Avenue, followed by a vacated building 2 and vacant land. The land use to the west is Biscayne Boulevard and the FEC Railroad right-of-way. Future Land Use - The subject property is currently designated Business and Office, according to the Adopted 2000 and 2010 Land Use Plan for Metro-Dade County, Florida, as are the properties to the north and south. The properties to the east and to the west (unincorporated Dade County) are designated Industrial and Office. The Site - The subject site is approximately 27.46 acres and is located east of Biscayne Boulevard between NE 187th Street and NE 191st Street (see Exhibit A for location map). The site is the location of a 311,680 square foot shopping center that includes two outparcels, Burger King and an office building. Project Background - Dade County previously approved the site plan for the subject property on March 27, 1991, The site plan has been continuously updated over the years in accordance with approvals granted at numerous zoning hearings, including an approval granted by the Aventura City Council on November 5, 1996. ANALYSIS Consistency with Comprehensive Master Plan - The proposed development is not inconsistent with the Dade County Comprehensive Master Plan. Review by City Landscape Architect - Both of the landscape plans submitted by PCT Biscayne Boulevard Partnership were approved. As requested by the Landscape Architect, FOOT still needs to redesign the main entrance and two corners for more interest and variety and place a hedge adjacent to the parking lot for better visability. Community Development Department Analysis - The Florida Department of Transportation (FOOT) recently acquired a portion of the subject property running parallel to Biscayne Boulevard, approximately fifteen (15) feet in width. This area was previously improved with a fifteen (15) foot landscape buffer. The reduction in buffer width has caused a deficit in open space on the property. The applicants have given the Council a choice of cure plans reflecting different scenarios in terms of the amount of open space and parking provided. Basically, a "trade-off' exists between the amount of open space provided and the number and size of parking spaces. It is important to note, however, that none of the cure plans require a parking variance. 3 Criteria The City Council adopted an Ordinance (No. 97-21) providing for the policy and procedure concerning Non-Conformities created by governmental acquisition of private property. Section 6.1 of the Ordinance lists criteria in which the City Council is to evaluate such variances. Staff has evaluated the requested variance as well as the quality of the cure plans according to the criteria: 1) The requested variance will not adversely affect visual, safety, aesthetic or environmental characteristics ofthe community. Each of the four (4) plans submitted require a variance of open space from that which is required by the Code. The open space variances requested are minor and would thus only minimally impact the visual and aesthetic character of the community. The difference between the open space provided in each plan (approximately 3500 square feet out of the 27.46 acres) is nearly the same, thus making it difficult to identify a preferred plan. The table below illustrates the differences between the plans. Cure Plan Open Space Required Open Space Provided (acres) (acres) Loehmann's Alternate 1 3,25 3.17 Loehmann's Alternate 2 3.25 3.20 FOOT Potential Condition I 3.25 3.17 FOOT Potential Condition Alt. II 3.25 3.17 The appearance of the community would, however, be affected by a reduction in the landscape buffer width. FOOT Potential Condition Alternate I requires a variance to reduce the parking lot buffer from the required width of seven (7) feet to five (5) feet Landscaping along Biscayne Boulevard is a priority of the City and would be limited in a buffer that is only five (5) feet in width compared to the required width of seven (7) feet Staff therefore does not recommend FOOT's Potential Condition Alternate I as it relates to open space and landscaping. 2) The requested variance will not adversely affect the safety of pedestrians or the safe operation of motor vehicles. Staff has requested that the applicants provide both 9' x 18' parking spaces (as opposed to the County's 8'6" x 18 parking spaces) and 24 foot drive-aisles within the subject area in order to make maneuverability safer for both pedestrians and motor vehicles. The accepted national standards for parking spaces and drive aisles are 9' x 18' and 24 feet, respectively. Dade County approved substandard spaces of 7'6" x 15 and drive-aisles 22 feet in width for the property. 4 Our recommendation to provide larger spaces and wider drive-aisles is based on the demographic make-up of the City. In a community such as ours, with a predominantly older population driving large expensive cars, insufficiently sized parking spaces and drive-aisles are problem. The sub-standard criteria used by Dade County has caused several documented parking problems throughout the City, including the subject property. The four (4) cure plans vary in terms of the implementation of our recommendations. The following table shows the differences between the plans in terms of the number parking spaces provided and the size of the parking space. Cure Plan Standard Standard Compact Handicap Total Total 9'x1S' S'6"x1S' 7'6"x15' Provided Loss Loehmann's Alternate 1" 27% 68% 0% 4% 272 24 Loehmann's Alternate 2 28% 68% 0% 4% 265 31 FOOT 69% 18% 9% 4% 277 20 Potential Condition I FOOT 83% 4% 9% 4% 265 32 Potential Condition Alt. II " Percentages do not add up to 100% due to rounding The plan which contains the greatest (83%) percentage of 9' x 18' parking spaces, consistent with national standards, is FOOT's Potential Condition Alternate II. FOOT's Potential Condition Alternate I is the only plan which shows 24 feet in width for the drive-aisle affected by the taking. However, we do not recommend FOOT's Potential Condition Alternate Plan I since it does not have a sufficient parking lot landscape buffer adjacent to Biscayne Boulevard. 3) The requested variance will not cause motor vehicle parking shortages which adversely impact the community. Loehmann's Fashion Island was previously granted two parking variances by Dade County. The associated resolutions are as follows: Reduction in # of Spaces Required Resolution No. 4-ZAB-71-91 427 spaces Resolution No. 4-ZAB-325-93 164 spaces Total variances 591 spaces Without these prior variances, the property would currently have a deficit of 555 spaces. Since the parking variances were granted, however, the property does not have a deficit "on paper" and must be considered legally conforming. Even with the further reduction of spaces shown on each of the cure plans, the property legally continues to have a surplus of parking. Although the taking may adversely impact the community in r; terms of a further reduction in spaces, the open space variance and not the quantity of parking should be the primary focus. 4) The requested variance will not encourage or promote the continuation of existing uses of the property which have been or will be rendered unfeasible or impractical due to the impacts of the acquisition and/or construction of the roadway or other public facility including, but not limited to, aesthetic, visual, noise, dust, vibration, safety, land use compatibility and environmental impacts. Neither of the cure plans submitted will render the use of the property unfeasible or impractical. Summary In summary, staff narrowed the four plans down to two based on design, and then down to one based on landscaping. PCT's Alternate 2 provides slightly more open space, in the form of internal parking islands and larger end islands within the parking lot FOOT's Alternate II provides the greatest number of 9' x 18' parking spaces, which are the national standard and are the most appropriate for the City's demographic characteristics. Although the above two plans are both favorable in terms of design, PCT's Alternate 2 provides more quantity and quality of landscaping. Citizen Comments The Community Development Department has not received any written comments regarding the applicant's request CONDITION Applicant shall request building permits within 12 months of the date of the settlement of the eminent domain proceedings or the site plan and variances granted shall be deemed null and void. 6 SHUTTS & BOWEN LLP ".J-" ATTORNEYS AND COUNSELLORS AT LAW (A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCfATIONS) JUDITH A BURKE (305) 379-9187 1500 MIAMI CENTER 201 SOUTH BlSCA YNE BOULEVARD MIAMI, FLORIDA 33131 MIAMI (305) 358-6300 BROWARD (954) 467-8841 FACSIMILE (305) 381-9982 July 7, 1997 VIA lIAND DELIVERY Mr. Jaye Epstein, Community Development Director The City of Aventura 2999 N.E. 191 Street, Suite 500 Aventura, Florida 33180 RE: Loehmann's Fashion Island Dear Jaye: This firm represents PCT Biscayne Boulevard Partnership (the "Partnership"), the owner and developer of Loehmann's Fashion Island (the "Property"). This is our letter of intent filed in connection with an application seeking site plan approval (including a variance of open space requirements) and a modification of a previous resolution and covenant. As I'm sure you are aware, an order of taking was recently issued in favor of the Florida Department of Transportation ("DOT") for a parcel ofland approximately fifteen (15) feet in width running parallel to Biscayne Boulevard along the west line of the subject Property. That portion of the Property was previously improved with a fifteen (I 5) foot landscape buffer. The Partnership has caused their architect to prepare a cure plan depicting how the Property will be reconfigured in view of the taking (the "Cure Plan"). Included with the application are seven copies of the Cure Plan, which includes the replacement of a seven (7) foot landscape buffer in compliance with the current landscape code. You will note that the redevelopment of the Property as depicted on the Cure Plan has also been incorporated into the currently approved site plan for the Property (the "Site Plan"). Seven copies of the Site Plan are also attached to the application. You will note that the Site Plan has been continuously updated over the years in accordance With approvals granted at numerous zoning hearings, including an approval granted by the Aventura City Council on November 5, 1996. You will also note that the Site Plan does not give any development data for the Burger King parcel or the U.S. Development office building parcel. Those two out parcels have never been part of the development scenario under the Site Plan. However, in order. to provide for the cohesive AMSTERDAM OFFICE EUROPA BOULEVARD 59 1083 AD AMSTERDAM. THE NETHERUo.NDS TELEPHONE 011-3120-661-0969 FACSIMILE 011_3120_642_1475 LONDON OFFICE 48 MOUNT STREET LONDON W1Y 5RE ENGLAND TELEPHONE 011-44171-493-4640 FACSIMILE 011_44171_493_4299 ORLANDO OFFICE 20 NORTH ORANGE AVENUE SUlTEl000 ORLANDO, FLORIDA 32801 TELEPHONE (407l 423.3200 FACSIMILE (407) 425-8315 WEST PALM BEACH OFFICE ONE CLEARLAKE CENTRE. SUITE 500 250 AUSTRAUA'N A VENUE SOUTH WEST PALM BEACH. FLORIDA 33401 MAILING ADDRESS P. O. BOX 3555 WEST PALM BEACH. FLORIDA 33402-3555 TELEPHONE (561) 835-8500 FACSIMILE (5511 650-8530 EXHIBIT #1 Jaye Epstein, July 7, 1997 Page 2 redevelopment of the Property, the Cure Plan was prepared for all three parcels together. Companion applications for site plan approval for both the Burger King parcel and office building parcel are being submitted concurrent with this application and we request that all three items be heard together. As to the subject Property, the Partnership has made every effort to continue to provide the maximum amount of landscaping while losing the fewest possible number of parking spaces. Only one parking space has been lost on the subject Property and the previous compact parking spaces have been converted to larger parking spaces meeting the current Code requirements. No variance is needed for the loss of the one parking space in that the Property currently has a surplus of 21 parking spaces available for future uses. The loss of the prior fifteen (I5) foot landscape buffer to the DOT taking however, has caused a slight decrease in the open space. The Code requires 3.37 acres of open space to be located on the overall Property site and only 2.87 acres are now provided. Therefore, a variance is required for that limited purpose. If you have any questions regarding the Site Plan, Cure Plan or this application, please do not hesitate to contact me. We look forward to your favorable review and recommendation in connection with this application. Very truly yours, c... '--<l Q.,..,Jt::- Judith A Burke cc: Mr. Robert Melzer Margaret A Rolando, Esq. Allan M. Rubin, Esq. MIA95 151357.1 - L 1M PLEASE FURNISH FOLIO NUMBER 30 2203 030 0020 Sec. 3 1\ip. 52 ..... CC 42 P. U. FUe No. Processor Date: ZA.B TO BE FILLED OUT BY APPLICANT: (Please Print) 1. Nue of applJ eant (Property Svorn-to-Couaent). PC'!' Biscayne Boulevard Parb1ership, Owner or Lea.ee v1th Owner 'a a Florida general partnership 2. LEGAL DESClIPTION OF TIlE Pl.OPEITY COV!R!D BY TIlE APPLICATION a. if lubdivided, provide lot, block, c~plete name of lubdivision, plat book. and pale DWlber. b. if ~te. and bounds description, provide com~lete d.scription. (lnclud.1D.8 aection, townshiP. and uUle). c. lubldt . copy of . survey if property 13 odd-shaped (1" to 300' Icale) . d. if leparate requelts apply to different areas. provide the legal descrlptloa of each area covered by . ..parate request. See Exhibit "A" attached hereto. 3. Address or locatloD of subject property: N.E. 187th Street and N.E. 19lst Street East of Biscayne Blvd. between 4. Size of property: ft. X ft. Acres 27.46 ) day Clf 1980~ and convefitp. L.U Al?Pl1.cantl 'i 1"9t8~ a lhate ill Ju y, . year./lDOoths. 5. Date subject property acquired (XX) or leued ( Property purchased by Property capital Trust in 1980 , 19 TenD of It'!dbe 6. Does property owner so, give complete 01ol'O cont1guoutl pr"perty legal descr1ption of to the sub ject property? If entire contiguous prop~rty. No METROPOLITAN DADE COUNTY PLEASE FURNISH FOLIO NUMBER 30 2203 030 0020 Sec. 3 Twp. 52 Rae. 42 Dace Received Stamp PLEASE rtPE DR Pl.IlIT LEGIBLY. IB In, ALL IIIFDI!W:IOH ON UPLICAnOH. 1. Name of AppIle.nt PCT Biscayne Boulevard Partnership, a Florida general . mrt-npr.c;h1D a. if applicant 1a owner. live a&ae exactly.. recorded on deed. b. if applicant 1s le..ee~ attach copy of le... and Owner's SVOnl-to-Coneenc fora. c. if applicant 1s corporation, partner.hip. limited partner.hip. or cruee.e. . leparace Discloaure of Intereae fora ~.t be coapIeced. c/o Judith A. Burke Mailing Addte.. Shutts & Bcwen, 201 S. Biscayne Blvd., SUite 1600 City Miami Suce Florida Zip 33131 Tel.' (dur1aa vorklag bouts) 379-9187 2. Halle of Property Owner PCT Biscayne Boulevard Partnership c/o Judi th A. Burke MaHing Addre.. Shutts & BeMen, 201 S. Biscayne Blvd., Suite 1600 City Miami State Florida Zip 33131 Tel. , (during warkins hours) 379-9187 3. Contact Person Judith A. Burke ~lling Address Shutts & Bowen, 201 S. Biscayne BLvd., Suite 1600, City Miami State Florida Zip 33131 Tel. , (during working hours) 379-9187 4. LEGAL DESCRll'TIOH OF TIlE PiOPUTY COVERED BY TIlE APPLICATION, a. it subdivided, provide lot, block., cOIIplete 1l&DIe of subdivision, plat boole. and pale nuaber. b. if aetes and bounds description, provide co.plete description, including section, township and ranle. c. submit six (6) copies of a survey, if property is odd-shaped (lW to 300' scale) " d. if separate requests apply to different areaa, provide the legal description of each area coYered by a separate request. See Exhibit "A" attached hereto. 5. Address or location of subject property: East of Biscayne Blvd. between N.E. 187th Street and N.E. 191 Street ft. Acre' 27.46 6. SIze of property: ft. X 7. Dale su..bJrcr property acquired eX ) or leau,d ( ) day of PIbperty ~~hased by '1'>'1IiF'tvcr.ri.'ii'l Trust and =l>nlednW"~l' . _" rc; '"l:'.I:-' lCamt 1980* its Affliate i July, 1989 8. l):)eS property owner own contigous property to the subject property? If so, give carplete legal description of entire contiguous property. No 9. Is there an option to p.IrChase ( ) or lease ( ) the subject property or property contiguous thereto? ( ) yes or (X) no If yes, who are the p:::>tential purchasers or lessees? . 10. Present zoning classification(s): BU-2 11. JID;;m:ST OJVERED UNDER 'nlIS APPLlCATIOO: Please check the appropriate IxJx and give a brief description of the nature of the request in the space provided. ( ) District Boundary Change (s): Zone classifications requested Unusual Use Use Variance A tl:m-USe Variance ( ) Special Exception f01 Jobdification of previous resolution/plan 12. lias a public hearing been held on this property within the last year? If yes, applicant's name PC!' Biscayne Boulevard Partnership Date of hearing Nature of hearing November 5, 1996 Decision of hearing Site plan approval Approved Resolution 11 Z-96-11-ACC-l 13. Is this hearing being requested as a result of a violation notice? ( ) yes lx)no If yes, give name to whcrn violation notice was served Nature of violation If yes, briefly describe 311,683.17 gross square feet. structures on the property? (X) yes () no Shopping Center containing approximately 14. Are there any existing 15. Is there any existing use on the property? c<x )yes )110 If yes, ...mat is the use and when was it established? Use Shopping Center Established 1982 p o M I N I o I Exhibit "A" LEGAL DESCRIPTION Tracts "A", "S", and "C", Regina Square Subdivision. according to the Plat thereof recorded in Plat Book 113. Page 27 of the Public Records of Dade County. Florida. less that portion of Tract "A" shown as Waiver of Plat 0-14317. being more particularly described as follows: A portion of Tract A, REGINA SQUARE SUDDIVISION. 8ccordint to the plat thereof recorded in Plat Book 113, at Page 27 of the Public Records of Dade County, Florida being ~ore particularly described as follows: Begin at the Northwest corner of said Tract A; thence run S 89- 49'44" E, along the North line of said Tract A, fOT a dis- tance of 223.65 feet to . point; thence run S 0.45'38" E for a dis- tance of 348.~6 feet to a point on the South line of said Tract A; thence run N 89056'45" W, along the South line of said Tract A, for a distance of 73.50 feet to a point; thence run N 0045'38" W, along the West line of said Tract A, for a distance of 133.51 feet to a point; thence run W 89049'44" W, alo~g a South line of said Tract A, for a distance of 75.14 feet to a point; thence. run N 0045'~8" W, 810n& a West line of said Tract A, for a distance of 50.00 feet to a point; thence run N 89049'44" W, along a South line of said Tract A, for a distance of 75.00 feet to a point; thence run N 0045'38'1 W, along a West line of said Tract A, for 8 distance of 165.00 feet to the Point of Beginning; containing 1.24 Acres, more or less. AND A portion of Tract A, REGINA SQUARE SUBDIVISION, according to the plat thereof recorded in Plat Book 113, at Page 27 of the Public Records of Dade County, Florida being more particularly described as follows: Begin at the Southeast corner of said Tract A; thence run N 89056'45" 11, along the South line of said Tract A, for a dis- tance of 361.66 feet to a point; thence run N 00031lS" E for a dis- tance of 149.50 feet to a point; thence run N 89056'451' W for a distance of 283.39 feet to a point; thence run N 0.45'38" W for a distance of 198.74 feet to a point on the North line of said Tract A' thence run S 89049144" E, along the North line of said Tract A, f~r a distance of 619.04 feet to the point of curvature of a circu- lar curve to the Tight having a radius of 25.00 feet; thence run Southeasterly, along the Northeast line of said Tract A and along the arc of said curve, fOT a distance of ~8.92 feet, through a cen- tral angle of 89011' ~4" to the point of tangency; thence run 5 OO~81l0" I, along the East line of said Tract A, for a distance Qf ~22.28 feet to the Point of Beginning; containing 4.16 Acres, more OT less. O'oiN~~_T~_AN1 !-!FIDAVI..! \ I, __ __ ' being first duly tiworn, d,'pose and sa)' that t t1~ th'" ownt.'r!tenantOl~t-hl::-pr-opert)' dt'hcrlbt.,J and which is thl.' subject matter of th~ proposed h~aring; thdt all th~ answers to tht.' que'tions in t~l~ application, and all sketch data and other supplementary m.atur attached to and made a part of the application arc honest and true to the best of IDY kllUl..ll'dgt, and be'III'!. 1 und\'r:.I.lll<l tj,l~, ,lppllcatl<>1'1 !Dust bt. completed ,1od a('rurdl., befort' II Iw,]rlllg can hi' ildvl'rll....'oj. SignaturE Sworrl to and sUbslriLt.'d this day of Notary Public Commission Explres; *..~.*****....*,..**'****'...****a**"*.*****'*'.****'**********.._-_..*.***** to befort.' !Do.: 19 ~T.!...O~E:..~ We, _____________.___. being first duly sworn depoee and .ay that we are the President/VJce-Preadent, and Secretary/Asst. Secretary of tht:> Rfor~sa1d corporation, and as such, have bel"n authorized by the corporation ~'} file thls appltcation for public hearing; that all answers to the que.tion~ in wtd applic.llion aNi .aU ak.c.tches. .d.ata ~.od .oeht-r suppleaent.ary.....ttH attached to and made a part of this application ar~ hon~5t and true to t~le best of our knowlcdg~ and beltef; that said corporation is the owner/tenant of the property dt.'scrlbt..d herein and which 15 the subject Il18tter of the propo"t::-l hearing. We underf:;tand this application IrIU"t be cOlllplete and accurate befor<> .1 hearing can bi' advt.'rtlspd. rTe7id-e-;-t's-~S'1g;1a-ture (Corp. Seal) ATTEST: - Secret-a-i-y-' '",- S is ns tur e SWUT!1 to and 5ubbcribt:d to bclor~ m" thi b day 01 , 19 Notary -P'ublic CQmmIssion Expires **~********~***~*******.***.*....**.****.**~_..*..**-***-****.**.**-*.**._**** PARTNERSHIP AFfIDAVIT Wt', thl;" ul'1do.:rslgnt.'d, hl'ln!; f1rbt duly s....I.Hn dl'PObt.' and say that ....e Cire p.JTtnl.'TS of the herl'ln i1fter n.ilrll'd p,Htnersh1p, and t\s such, have been aulhorized to fill' [his .lppltcatlon for d pul">lic hearln",; that all answer6 to tl\! qll"stlons In 5.11d aprllc,Hi.ln .Illll all skl'tchl's, data, and other o;Ul'pJ(':lll'ntary mattl'r ;ltlilrhcd t,1 and ".ld" a part of this application are honl".,l i"lnd true' tll thl;' bl'<;t of Ollr kll,,,..l,',\I'." ,lnd b,.llef; th8t said partnership Is tho.: O....TH.'T/tendnt 01 th.- pr0f" rty d,'scrlbed hl'rein ....hich is the subject m.:3dt.'T of thl' propus,'d hearln~. Wl' undcr'9tand thib application lDust be complete and accurate bt..'forI.' a Ih';Jrll1f; ("..11 hl"' 8dv~njs(;d. (r.;a~\'-- \.JI --Partnership) By I. "> % By '- .y % Swurn to this and subscrtb..d da)' ()f to befort..' . 19 m. --t;""u-tiij'-Public commissIon Expin's ***.***.************...._**.******...**.,,**.~...**..*.****..*..*..*.*~*~. ~TT~Kt\.f~l'_ _A.J F 1 ~~:.!! I. Judith A. Burke b.tll)', first July sworn, d,'pu:.t: and say that 1 am a S't.';tl. -~f -Fiorld-'l'-AtlQr'nq <it La...., iinJ J am the AttMlIl'Y faT the Ovner of the I'roVt'rty dc-:;criht.'d and ....ld("l1 is tIll" sun.l<'ct mattl'r of the proposed hearing; th:it all thl" answer:.. tQ tht' (1I1c<;t1(1no; 111 thts applicat11.lll, and all ,ketch data rind oth~r supplc~~nti"lry lIl;Jttl'r att;Jch<'d ilnd made a part of thts application art. hon..,sl and trUt' tll tIn' the' bc~l 01 Ill'; k.nowledgl' ,1llJ ht'ltt:f. I understand this :Jvpllcatio "-'1I"t lJ.. COl:lI'J,.tt' FI-"l ,lccuratt:' hdort' a h~aring can be i1Jvcrr i ,.,..d. S,...0rn ttllS tQ and liou.b!'>cr1bn1 tv ~_ d.,y 0." _~~ bl.'{or<' ID<: 1997_' ~^~~ ,,,-/, ~ _).:i~~t"~~~o:,,;-,r-: ~t.:H::J'''<;U;..,''''' [I.mt!:j sslon Exr1;r~~.,,_:,~:,':~;__.::_~-"~ .-. LMrs.2M~!2S:x; r::,L.:..-~, 11.,' Date: Public Hearing No: I hereby acknowledge that I am aware that the Department of Environmental Resources Management (DERM) , the Puhl1c Works Department, and other County agencies review zoning applications and proffer comments that ~y affect their scheduling and outcome. These comments sometimes include requirements for an additional public hearing before the Environmental QuaUty Control Board, or other County Boards, and/or the prior preparation and execution of agreements to run with the land which are recorded. In addition to these agencies. I also understand th4t the South Florid. !uUding Code may contain requi rements that affect my .bUi ty to obtain a bulldlng permit (Bulldlng and Zoning Department lOth Floor) for ..y project, even If my %0 ni ng appUcation Is approved at public hearIng. Contact v1th the above Dl!!ntIoned aREmcies is arlvised during the hearing process. Further, I understand that the cases of Machado v. Musgrove and McGaw v. MetropolItan Dade County may affect my public hearing application. I acknowledge receipt of - copies of these cases for my reference. Notary: -c----~.~~~~ (Signature) SWorn to and subscribed before rre this .iL day of ~ ,1997. 4~ ~~'~ida"f"~-~'_~_ ., "uAI, "t, '''1\Y :.~A~ ) '-'CT ( Ivly Ccmnission Expires ,).-" L~"~-"~~;;~~~;;(1~~ E\i">~1~;~i~' DISCLOSURE OF IN'I'ERf.:ST* If the property which is the subject of the application is owned or leased by a CORPORATION, list the principal stockholders and the percentage of stock owned by each. [Notel where the principal officers or stockholders consist of another corporation(s), trustee(s), partnership(s) or other s~ilar entities, further disclosure shall be required which discloses the identity of the individual(s) (natural persons) having the ultimate ownership interest in the aforementioned entity). CORPORATION NAME NAY~. ADDRESS. AND OFFICE Percentaae of Stock If the property which is the subject of the application is owned or leased by a TRUSTEE, list the beneficiaries of the trust and the percentage of interest held by each. [Note: where the beneficiary/beneficiaries consist of corporation(s), another trust(s), partnership(s) or other similar entities, further disclosure shall be required which discloses the identity of the individual(s) (natural persons) having the ultimate ownership interest in the aforementioned entity). TRUST NAME NAME AND ADDRESS Percentage of Interest 'age 2 If the property which is the subject of the application is owned or leased by a PARTNERSHIP or LIMITED PARTNERSHIP, list the principals of the partnership, including general and liJllited partners. [Notel where the partner(s) consist of another partnership(s), corporation(s) trust(S) cr other similar entities, further disclosure shall be required which discloses the identity of the individual(s) (natural persons) having the ultimate ownership interest in the aforementioned entity). PCT Biscayne Boulevard Partnership PARTNERSHIP OR LIMITED PARTNERSHIP NAME NAME AND ADDRESS PCT Shopping Center o:r.pany, a Delaware corporation, managing partner Perc@ntage of Own@r8hip 90% PCT Biscayne Center, Inc., a Delaware 10% corporation If there is a CONTRACT FOR PURCHASE, whether contingent on this application or not, and whether a Corporation, Trustee, or Partnership, list the names of the contract purchasers below, including the principal officers, stockholders, beneficiaries, or partners. (Notel where the principal officers, stockholders, beneficiaries, or partners consist of another corporation, trust, partnership, or other similar entities, further disclosure shall be required which discloses the identity of the individual(s) (natural persons) having the ultimate ownership interest in the aforementioned entity). NAME NAME. ADDRESS.AND OFFICE (if applicable) Percentage of Interest Date of contract I Page 3 If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. For any changes of ownership or changes in contracts for purcha. subs~quent ~o the date of the application, but prior to the date of fin~ publ~c hear~n9, a supplemental disclosure of interest shall be filed. The above is a full disclosure of all parties of interest in thu application to the best of my knowledge and belief. PCT Biscayne Boulevard Partners . p, a Florida general partnership By: PCT Shopping , a Del"\ware corporation, r Its: Signature: (Applicant) COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS Sworn to and subscribed before me, this 1st day of July 19 97 ~{?~ N\5tary Public, S:"IiUl<~lXJpQ<tiltJillUx~~~ Josephine A. Adams My COllUllission Expires: August 5, 1999 (SEAL) * Disclosure shall not be required of any entity, the equity interests .ill which are regularly traded on an established securities market in ttE United States or other country; or of any entity, the ownerhip interests of which are held in a limited partnership consisting of lIore than 5,000 separate interests and where no one person or entity holds more than a total of 5\ of the ownership interest in the limited partnership. OWNERSHIP AFFIDAVIT (GENERAL PARTNERSHIP) Signed, sealed, executed and acknowledged on this 1st day of July, 1997 at Boston, Massachusetts. THE UNDERSIGNED BEING DULY SWORN, DEPOSES, AND SAYS THAT HE IS AN OFFICER OF THE GENERAL PARTNER OF THE HEREINAFTER NAMED PARTNERSHIP; THAT THE PARTNERSHIP OWNS mE PROPERTY WHICH IS THE SUBJECT MAlTER OF THE PROPOSED HEARING; THAT HE UNDERSTANDS THIS AFFIDAVIT IS SUBJECT TO PENALTIES OF LAW (PERJURY) AND TO POSSffiLE VOIDING OF ANY ZONING ACTION GRANTED AT A PUBLIC HEARING. WITNESSES: PCT BISCA YNE BOULEVARD PARTNERSHIP, a Florida general partnership By: PCT Shopping Center Company, a Delaware corporation, managing partner ;3\;"""" H ""I ,~:,.;.c Q Signature Sharon M. Tuttle ~~~~v1 Signature Robin W. Devereux By: Its: Print Name: COMMONWEALTH OF MASSACHUSETTS ~f~l'(!\~ ) ) SS: ) COUNTY OF SUFFOLK Sworn to and subscribed f,efor~ me this 1st day of July known to me.OOl<lIa~J!1{~~>>~"'YHYY""x"n~~R~~liHtj~. . 1997. He is personally ~tl.~ NOTIX'RY PUEL! Josephine A. Adams Typed or Pnnted Name of Notary My commission expires: August 5, 1999 Serial No., if any: MIA95150595.1-L1M Letter of Intent The subject property is located east of Biscayne Boulevard between N.E. 187th Street and N.E. 191st Street, Aventura, Florida 33180. The property is presently zoned BU-2. The subject property has been a retail shopping center commonly known as Loehmann's Fashion Island. The State of Florida Department of Transportation, by virtue of an Order of Taking dated November 26, 1996, a copy of which is attached hereto and made a part hereof, acquired a strip of property approximately 15 feet in width along the west property line. By virtue of a recently passed Resolution by the City of Aventura, the State of Florida Department of Transportation is submi tting two (2) cure plans for this site, including two (2) landscaping plans. The State of Florida Department of Transportation is also aware of the fact that the property owner, PCT Biscayne Boulevard partnership, has also submitted two (2) cure plans for the property as well as two (2) landscaping plans. The State of Florida Department of Transportation is requesting that the City of Aventura approve one of the cure plans provided by the State of Florida Department of Transportation in conjunction with the Application. ~ SNYDER, Attorney for Applicant, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION C:\WPDOCS\ZONING\DOT\INTENT.LTR -.,---.. IN THE CIRCUIT COURT OF THE 11th JUDICIAL CIRCUIT OF FLORIDA IN AND FOR DADE COUNTY GENERAL JURISDICTION DIVISION CIVIL ACTION NO: 96-19078 CA (OS} ST A TE OF FLORIDA DEPARTMENT OF TRANSPORTATION, Petitioner, B ~E~ :2'1~6f: u RfW AU""NI;:' I . or-; RECORDS MANAGro;\lENT D1STR1CT SlX -V$- LOEHMANNS, INC., ET AL Respondents. QHrlFR OF T AKlJ'llG THIS CAUSE coming on to be heard by the Court, it appearing that proper notice was first given to all the respondents, and to all persons having or claiming any equity, lien, title, or other mterest in or to the real property described in the Petition, that the Petitioner would apply to this Court on the 26th day of November. 1996, for an Order of Taking, and the Court being fully advised in the premises, upon consideration, it is, therefore, ORDERED AND ADJUDGED: 1. That the Court has jurisdictIon of the subject matter of and the parties to this cause. 1. ~ ~. 2. That the pleadings in this cause are sufficient, and the Petitioner is properly exercising its delegated authority. 3. That the Estimate of Value filed in this cause by the Petitioner was made in good faith, and based upon a valid appraisal. 4. That upon the payment of the deposit hereinafter specified into the Registry of this Court, the right, title or interest as described herein shall vest ill the Petitioner, including but not limited to all persons or entities having or claiming to have any right, title, or interest in and to the property described in the Petition. 2. SECTION 870::l0.?!'i70 STATF ROAn 5.IIS 1 ~OF COlJNTY OFSCB.IETIO.N.........:.... FEE SIMPLE RIGHT OF WAY PARCEL 101 SECTION 87030-2570 A portion of Tract "8", REGINA SQUARE SUBDIVISION, according to the plat thereof as recorded in Plat Book 113, at Page 27, of the Public Records of Dade County, Florida, lying in the SW ~ of Section 3, Township 52 South, Range 42 East, and being more particularly described as follows: BEGIN at the Northwest corner of the Westerly 138.943 meters (455.85 feet! of said Tract "B", this point lying on the Easterly Right of Way line of State Road No.5 (U.S. No.I/Biscayne Boulevard). as shown on said plat and on the State of Florida State Road Department RIW Map Project No. 41, now known as Section 87030-2201, es recorded in Plat Book 34, at Page 53 of said Public Records of Dade County, Florida; thence run N87"32'01"E, along the North line of said Westerly 138.943 meters (455.85 feet) of Tract "B", for a distance of 4.846 meters (15.90 feet). to the point of intersection with a line 4.846 meters (15.90 feet) Easterly of end parallel with the Westerly line of said Tract "8", said Westerly line of Tract "B" also being the Easterly Right of Way line of said State Road No.5; thence run S02"07' 21 "E, along last described parallel line, for a distance of 14.565 meters (47.79 feet), to the point of curvature of a circular curve concave to the West; thence run Southerly, along the arc of said circular curve to the right. lying 4.846 meters (15,90 feetl Easterly of and concentric with said Easterly Right of Way line of State Road No.5 and with said Westerly line of Tract "8", having a radius of 1776.540 maters (5828.53 feet), through a central angle of 05.05'07", for an arc distance of 157,677 meters (517.31 feet) to the point of compound curvature with a circular curve concave to the West; .thence from a tangent bearing of S02'57'46"W run Southwesterly along the arc of said circular curve to the right, having a radius of 1435.560 meters(4709.83 feet), through a central angle of 03"17' 22", for an arc distance of 82.416 meters (270.39 feet), to the point of reverse curvature with a circular curve concave to the Northeast; thence from a tangent bearing of S06"15'08"W run Southwesterly, Southerly, Southeasterly, Easterly and Northeasterly along the arc of said circular curve to the left. having a radius of 8.000 meters (26,25 feet), through a central angle of 98"46'57", for an arc distance of 13.793 meters (45.25 feet), to the point Of tangency with the Southerly line of said Tract "SH, also being the South line of the North Yz of the SWy. of said Section 3 and the Northerly Right of Way line of N.E. 1S7th Street, as shown on the above mentioned plat; thence run S87"2B'11"W, along last described line, for a distance of 4.875 meters (16.00 feet) to the point of curvature of a circular curve concave to .the Northeast; thence run Southwesterly, 3, .~ SFCTION 87030-7"70 . STA Tf 8pA[) fiJ.l5-..1- [)A[)F COIINTY [)FSr.8leI.IO~ FEE SIMPLE RIGHT OF WAY PARCEL 101 SECTION 87030-2570 Westerly, Northwesterly, Northerly and Northeasterly along the arc of said circular curve to the right, having a radius of 7.620 meters (25.00 feet) through a central angle of 98' 11'19", for an arc distance of 13.059 meters (42.84 feet), to the point of reverse curvature with a circular curve concave to the West; thence from a tangent bearing of N05'39'30"E run Northeasterly. Northerly and Northwesterly along the arc of said circular curve to the left, also being said Easterly Right of Way line of State Road No.5 and the Westerly line of said Tract "B", having a radius of 1771.693 meters (5812.63 feet), through a central angle of 07'46'50., for an arc distance of 240.593 meters (789.35 feet) to the point of tangency; thence run N02'07'21"W, along said Easterly Right of Way line of State Road No.5 and We5terly line of said Tract "B", for a distance of 14.536 meters (47.69 feett, to the POINT OF BEGINNING, Containing 1264.1 square meters (13,607 square feetl, more or less. AP/OHi12/13/S4 OH/05/05195/R MR/OH/09/08/95/R MR/OHI1 0/23/95/R OWNED BY: PCT BISCAYNE BOULEVARD PARTNERSHIP, A FLORIDA GENERAL PARTNERSHIP. ENCUMBERED BY: MORTGAGE recorded in O.R. Book 16237 at Page 0797 in Favor of: BAYBANK BOSTON, N.A., A NATIONAL BANKING ASSOCIATION. MORTGAGE recorded in O.R. Book 16425 at Page 1461 in Favor of: BAYBANK, A MASSACHUSETTS TRUST COMPANY. MORTGAGE recorded in O.R. Book 12248 at Page 2337 in Favor of: CHASE MANHATTAN BANK, N.A., A NATIONAL BANKING ASSOCIATION, PARTIAL RELEASE OF CONSTRUCTION LIEN recorded in O,R. Book 16813 at Page 3954 in Favor of: GOLD COAST 4. SE..C.TION 87030.?570 PARCEL 101 '-- STA TF ROAI) 5-LJS .1.-.. OArlF COlJNTY nFSCRIPTION FEE SIMPLE RIGHT OF WAY SECTION 87030-2570 AERIAL LIFT, INC.. A FLORIDA CORPORATION. PARTIAL RELEASE OF CONSTRUCTION LIEN recorded in O,R. Book 16380 at Page 5360 in Favor of: CARL E. LOCKE, JR., CARL E. LOCKE, SR., JAMES W. PATTERSON, JAMES T. WILSON AND L. T. ADKINS, THE LAST SURVIVING DIRECTORS OF PWL CONSTRUCTION, INC., A DISSOLVED FLORIDA CORPORATION, DIB/A FIRST GENERAL SERVICES OF SOUTH FLORIDA, AND AS SUCH, TRUSTEES OF SAID DISSOLVED CORPORATION. PARTIAL RELEASE OF CONSTRUCTION LIEN recorded in O.R. Book 16911 at Page 4359 in Favor of: S. B. S. CONSTRUCTION CORPORATION, A FLORIDA CORPORATION. QUIT CLAIM DEED recorded in O,R. Book 15368 at Page 3518 in Favor of: AMERICAN MULTI-CINEMA, INC., A MISSOURI CORPORATION, F/KJA CINEMA ENTERPRISES II, INC., A DISSOLVED MISSOURI CORPORATION. QUIT CLAIM DEED recorded in O.R. Book 10261 at Page 1507 in Favor of: BEST PRODUCTS CO., A VIRGINIA CORPORATION. QUIT CLAIM DEED recorded in a.R. Book 10261 at Page 1507 in Favor of: BEST PRODUCTS, CO.. A VIRGINIA CORPORA TION. QUIT CLAIM DEED recorded in O.R. Book 1579S at Page 1939 in Favor of: E. E. BISHOP, A. R. OUTLAW, SAMUEL E. BEALL, III, J. RUSSELL MOTHERSHED AND PFILlP G. HUNT. THE LAST SURVIVING DIRECTORS OF MORRISON RESTAURANTS, INC., A DISSOLVED DELAWARE CORPORATION, AND AS SUCH, TRUSTEES OF SAID DISSOLVED CORPORATION, 5. SFr:TION A7030-25ZQ.... STATF ROAn f)-US 1 D.t\.nF r.OIINiY DF!,;CRIPTIO~J . FEE SIMPLE RIGHT OF WAY PARCEL 101 SECTION 87030-2570 QUIT CLAIM DEED recorded in O,R. Book 15799 at Page 1939 in Favor of: E. E. BISHOP, A. R. OUTLAW, SAMUEL E. BEALL, III, J. RUSSELL MOTHERSHED AND PFILlP G. HUNT, THE LAST SURVIVING DIRECTORS OF MORRISON RESTAURANTS, INC.. A DISSOLVED DELAWARE CORPORATION, AND AS SUCH, TRUSTEES OF SAID DISSOLVED CORPORATION. QUIT CLAIM DEED recorded in O.R. Book 14924 at Page 941 in Favor of: GOLD COAST PARTNERS, INC., A FLORIDA CORPORATION. QUIT CLAIM DEED recorded in O.R. Book 15334 at Page 1927 in Favor of: HENRY KONCKIER, D/S/A HENRY KONCKIER, INC.. A DISSOLVED FLORIDA CORPORATION. THE LAST SURVIVING DIRECTOR OF HENRY KONCKIER, INC" A DISSOLVED FLORIDA CORPORATION, AND AS SUCH, TRUSTEE OF SAID DISSOLVED CORPORATION. QUIT CLAIM DEED recorded in O.R. Book 15334 at Page 1927 in Favor of: HENRY KONCKIER, D/B/A HENRY KONCKIER, INC., A DISSOLVED FLORIDA CORPORATION. HENRY KONCKIER, THE LAST SURVIVING DIRECTOR OF HENRY KONCKIER, INC., A DISSOLVED FLORIDA CORPORATION, AND AS SUCH, TRUSTEE OF SAID DISSOLVED CORPORATION. QUIT CLAIM DEED recorded in O.R. Book 10088 at Page 772 in Favor of: LOEHMANNS. INC., A DELAWARE CORPORATION. QUIT CLAIM DEED recorded in O.R. Book 11145 at Page 508 in Favor of: NICHOLAS H. MORLEY. QUIT CLAIM DEED recorded in O.R. Book 10829 at Page 122 in Favor of: NiCHOLAS H. MORLEY, THE LAST 6. SFf:TION R70::l0-7570 PARCEL 101 ,-. ST A TF ROAQ..!tilS.- 1 OArlF f:OlIN-r-y nFSCRIPTION FEE SIMPLE RIGHT OF WAY SECTION 87030-2570 SURVIVING DIRECTOR OF N. H. MORLEY & COMPANY, A DISSOLVED FLORIDA CORPORATION, AND AS SUCH, TRUSTEE OF SAID DISSOLVED CORPORATION. QUIT CLAIM DEED recorded In O.R. 600k 15382 at Page 653 in Favor of: PUBLIX SUPERMARKETS, INC., A FLORIDA CORPORA nON. QUIT CLAIM DEED recorded in O.R. Book 15382 at Page 653 in Favor of: PUBLlX SUPERMARKETS, INC.. A FLORIDA CORPORATION. QUIT CLAIM DEED recorded in O.R. Book 11715 at Page 270 in Favor of: SANFORD H. REINHARD, WILLIAM LANDA, MICHAEL AMBROSIO AND MICHAEL L LANDA, THE LAST SURVIVING DIRECTORS OF LANDA PROPERTIES, INC., A DISSOLVED FLORIDA CORPORATION, AND AS SUCH TRUSTEES OF SAID DISSOLVED CORPORA nON. QUIT CLAIM DEED recorded in O.R. Book 15755 at Page 1825 in Favor of: UNIQUE RESTAURANT OF AVENTURA, INC., A FLORIDA CORPORATION, FORMALLY A DELAWARE CORPORATION. QUIT CLAIM DEED recorded in O.R. Book 15755 at Page 1825 in Favor of: UNIQUE RESTAURANT OF A VENTURA, INC., A FLORIDA CORPORATION, FORMERLY A DELAWARE CORPORATION. The interest, if any, of: MARCELLA AITKEN AND RICHARD OETTING, THE LAST SURVIVING DIRECTORS OF MARCELLAS MY KITCHEN, INC., A DISSOLVED FLORIDA CORPORATION, AND AS SUCH, TRUSTEES OF SAID DISSOLVED CORPORATION, tenancy unknown. 7. SFI~TION R7030-?57P PARCEL 101 ,-' sT'ATF RnArJ 5-llS 1 f)AnF COlJN1"Y DFSCRIPTION . FEE SIMPLE RIGHT OF WAY SECTION 87030-2570 The interest, if any, of: AMERICAN KNIGHTS SECURITY, INC.. A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: DAVID ASSOULlN, THE LAST SURVIVING DIRECTOR OF THE ART SPECTRUM, INC., A DISSOLVED FLORIDA CORPORATION, AND AS SUCH. TRUSTEE OF SAID DISSOLVED CORPORATION., tenancy unknown. The interest, if any, of: AURA I, INC., A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: BAG-A-TELLE OF LAUDERDALE, INC., .A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: BANKATLANTIC BANCORP, INC.. A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: BARNES & NOBLE COLLEGE BOOKSTORES, INC., A NEW YORK CORPORATION, tenancy unknown. The interest, if any, of: BURTON BELENKE AND BARRY BELENKE, THE LAST SURVIVING DIRECTORS OF HOUSE OF DIAMONDS, INC., A DISSOLVED FLORIDA CORPORATION. AND AS SUCH, TRUSTEES OF SAID DISSOLVED CORPORATION, tenancy unknown. The interest, if any, of: BELLSOUTH ADVERTISING & PUBLISHING CORPORATION, A GEORGIA CORPORATION, tenancy unknown. The interest, if any, of: BELLSOUTH CORPORATION, A DISSOLVED GEORGIA CORPORATION, tenancy unknown. The interest, if any, of: BFI DISPOSAL SYSTEMS OF 8 SECTION R70~O-7570 PARCEL 101 fiT ArF ROAD 5-IIS 1 DAO'" r.OIJNT"l' nFSCRIPTION FEE SIMPLE RIGHT OF WAY SECTION 87030-2570 FLORIDA, INC.. A FLORIDA CORPORATION. tenancy unknown, The interest, if any, of: SANTO R. BLASI, THE LAST SURVIVING DIRECTOR OF GOLD COAST APPRAISERS, lNC.. A DISSOLVED FLORIDA CORPORATION, AND AS SUCH, TRUSTEE OF SAID DISSOLVED CORPORATION, tenancy unknown. The interest, If any, of: BORIS JEWELRY, tenancy unknown. The interest, if any, of: BURGER KING CORPORATiON, A FLORIDA CORPORATION, tenancy unknown, The interest, if any, of: TINA CAPTAINE. D/BiA TINA MARA JEWeLERS. tenancy unknown. The interest, if any, of: CHAMPION CASTING. INC.. A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: CHECHO'S, INC., CORPORATION, D/B/A CHE-CHO'S RESTAURANT. tenancy unknown. A FLORIDA MEXICAN The interest, if any, of: THE CUTTING EDGE MARKETING GROUP, INC., tenanCY unknown. The interest, if any, of: DANSK. INC., A FLORIDA CORPORATION. tenancy unknown, The interest, if any, of: DECORATOR DIGS, INC., A FLORIDA CORPORATION, tenancy unknown. The interest, If any, of: DIAMONDS BY CHOICE, INC., A FLORIDA CORPORATION, tenancy unknown. 9. SH-:TION R7030-'570 PARCEL 101 ST A TF ROAD 5-tJS 1 rJA[)f' COtJNty DFSCRIPTION_ FEE SIMPLE RIGHT OF WAY SECTION 87030-2570 The interest, if any, of: DILLAN ISLE CLOTHING CO., A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: DILLAN ISLE GROUP, INC., A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: DRESS FOR LESS. INC., A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: RODNEY DUNETZ AND SUSAN DUNETZ, THE LAST SURVIVING DIRECTORS OF SUZI SAINT TROPEZ, INC., A DISSOLVED FLORIDA CORPORA TION, AND AS SUCH, TRUSTEES OF SAID DISSOLVED CORPORATION, tenancy unknown. The interest. if any, of: NANCY DUNIC, D!B/A NANCY DUNIC FINE JEWELRY, tenancy unknown. The interest, jf any, of: DUTY FREE USA, INC., A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: EILEEN B INC., A FLORIDA CORPORA TlON, tenancy unknown, The interest, if any, of: ELAN FINE JEWELRY, A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: FAITH ORIENTAL RUG, tenancy unknown. The interest, if any, of: FANTASTIK JEWELRY, INC., A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: FATHER SON FINE JEWELRY, INC.. A FLORIDA CORPORATION, tenancy unknown, 10. SEcrION 8'(030-:>570 PARCEL 101 STATF ROArJ 5-IlS 1 OAOF C;OLJNTY nFSC;RIPTION . FEE SIMPLE RIGHT OF WAY SECTION 87030-2570 The Interest, If any, of: FINAM INTERNATIONAL CORP, A FLORIDA CORPORATION, tenancy unknown. The interest, if any. of: DONALD G. FISHER, MILLARD S. DREXLER, MAURICE W. GREGG, HARRY J. LINDNER, JOEL R, HALL AND JOHN F. SWEERS. THE LAST SURVIVING DIRECTORS OF THE GAP STORES, INC., A DISSOLVED CALIFORNIA CORPORATION, AND AS SUCH, TRUSTEES OF SAID DISSOLVED CORPORATION, tenancy unknown. The interest. if any, of: FLORIDA POWER & LIGHT COMPANY, A FLORIDA CORPORATION, tenancy unknown The interest, if any, of: DOLLY FRANK. D/B/A DOLLY'S DON QUIJOTE ANTIQUES, tenancy unknown. The interest, if any, of: G. G. MARKETING OF DADE COUNTY, INC., A FLORIDA CORPORATION. D/B/A GILDA GEVIS, tenancy unknown, The interest, if any, of: GABY FINE JEWELRY, INC., A FLORIDA CORPORATION, D/B/A GABY'S & GLORIA, tenancy unknown. The interest, if any, of: GEM TIME JEWELERS, INC., A FLORIDA CORPORA nON, tenancy unknown. The interest, if any, of: GEMS, PEARLS & JEWELRY CORPORATION, A FLORIDA CORPORATION, tenancy unknown. The interest. if any, of: GIGI'S, tenancy unknown. The interest, if any, of: GILOIN ENTERPRISES, INC., A FLORIDA CORPORATION, tenancy unknown. 11. SFCIION 87030-'~70 PARCEL 101 STATF ROAn !i-US 1 DAOF CnllNff nFSCRIPTION FEE SIMPLE RIGHT OF WAY SECTION 87030-2570 The interest, if any, of: GOLD BY ANDRE', iNC., A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: HILDA GOMEZ, MARLEN GANEN, RAFAEL GOMEZ AND HILDA GANEN. THE LAST SURVIVING DIRECTORS OF BABY BABY BOUTIQUE, INC., A DISSOLVED FLORIDA CORPORATION, AND AS SUCH, TRUSTEES OF SAID DISSOLVED CORPORATION, tenancy unknown. The interest, if any, of: GUY'S PLACE, INC., FLORIDA CORPORATION, tenancy unknown, The interest, if any, of: MOE HAGHIHI, DIB/A MOE'S JEWELRY, tenancy unknown. The interest, if any, of: HAIR NETWORK, INC.. A FLORIDA CORPORATION, tenancy unknown. The if'lterest, if any, of: MERLE NDRMAN COSMETICS STUDIOS, tenancy unknown. The interest, if any, of: IDEAL TITLE & ESCROW COMPANY, A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: JACK NEGIN, INC.. A FLORIDA CORPORATION, tenancy unknown, The interest. if any, of: JAFFE EYE INSTITUTE, P.A., A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: JEWELRY BY MELISSA, INC., A FLORIDA CORPORATION, tenancy unknown. The Interest, if any, of: JEWELRY PNINA, INC., A FLORIDA CORPORATION, tenancy unknown. 12, SFCTION R70::l0-'''70 PARCEL 1 01 '-' I1F!':CRIPTlON . . ST A TF ROAn "-I IS 1 rJArJF COllNtf FEE SIMPLE RIGHT OF WAY SECTION 87030.2570 The interest, if any, of: JEWISH FAMILY SERVICE OF GREATER MIAMI, INC., A FLORIDA NON.PROFIT CORPORATION, tenancy unknown, The interest, if any, of: JOSEPH Y. LEUNG, P.A., A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: TOPPER OUTLETS, INC., tenancy unknown. The interest, if any, of: STEVE LEVINE, D/BIA JEWELRY BY MARSHA, tenancy unknown. The interest, if any, of: LOVE KNOT CREATIONS, INC.. A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: LUXOR JEWELRY MFG, INC" A FLORIDA CORPORA TION, tenancy unknown. The interest, if any, of: M, SCHWARTZ ENTERPRISES, INC.. A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: LILLIAN MACKEN, THE LAST SURVIVING DIRECTOR OF MACKEN REALTY, INC., A DISSOLVED FLORIDA CORPORATION, AND AS SUCH, TRUSTEE OF SAID DISSOLVED CORPORATION; tenancy unknown. The interest, if any, of: MAGIC JEWELERS, INC., A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: MALKA'S JEWELRY, INC.. A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: LILY MAZALA, DIBIA L1LY'S FINE 13. SFCTION R7()~C1.7f)7C1 PARCEL 101 ~. STATF RO~D 5.US , DAnF COlJN'.-1' [1FSr.FlIPTIO~_ FEE SIMPLE RIGHT OF WAY SECTION 87030-2570 JEWELRY, tenancy unknown. The interest, if any, of: MIAMI DADE WATER & SEWER CO.. tenancy unknown. The interest, if any, of: NORMAN J, MICHAEL AND ELlSHKA E. MICHAEL, THE LAST SURVIVING DIRECTORS OF DIAMOND CENTER, INC., A DISSOLVED FLORIDA CORPORATION, AND AS SUCH, TRUSTEES OF SAID DISSOLVED CORPORATION, tenancy unknown. The interest, if any, of: MICK'S AT LOEHMANN'S FASHION ISLAND, INC., A DELAWARE CORPORATION, tenancy unknown, The interest, if any, of: ALAIN MIGNOLET AND LINDA MIGNOLET, THE LAST SURVIVING DIRECTORS OF YOGURT & YUMMIES LIMITED INC. OF MIAMI, A DISSOLVED FLORIDA CORPORATION, AND AS SUCH. TRUSTEES OF SAID DISSOLVED CORPORATION, tenancy unknown, The interest, if any, of: MOR'S JEWELRY CREATIONS, INC., A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: MR. POTTERY OF NORTH MIAMI, INC., A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: JOSEPH F. NATOLI, MARCO MARGAR1TELLI AND VELlA MARGARlTELLI. THE LAST SURVIVING DIRECTORS OF MAJOLICA D'ITALlA, INC., A DISSOLVED FLORIDA CORPORATION, AND AS SUCH, TRUSTEES OF SAID DISSOLVED CORPORATION, tenancy unknown. 14, ..... nAnF r.OllNh' DFSr.RIPTION SFCTION 87030-?570 STATF ROAn !i-liS 1 FEE SIMPLE RIGHT OF WAY PARCEL 101 SECTION 87030-2570 rhe interest, if any, of: NELLY'S TREASURE, tenancy unknown. The interest, if any, of: NEMSER & WOLlS. P.A" A FLORIDA CORPORATION. tenancy unknown. The interest, if any, of: EINSTEIN/NOAH BAGEL CORP., tenancy unknown. The interest, if any, of: OBSESSION'S IN TIME, INC., A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: GLEN OBST, FRED AFENTUL AND KATHRYN AFENTUL, THE LAST SURVIVING DIRECTORS OF GOLD-MINE JEWELRY, INC" A DISSOLVED FLORIDA CORPORATION, AND AS SUCH, TRUSTEES OF SAID DISSOLVED CORPORATION, tenancy unknown, The interest, if any, of: OVERWHELMED AGAIN. INC.. A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: MONA PARKER AND CLAUDE AVRAHAM, THE LAST SURVIVING DIRECTORS OF MONA PARKER'S ANTIQUE JEWELRY, INC., A DISSOLVED FLORIDA CORPORATION, AND AS SUCH, TRUSTEES OF SAID DISSOLVED CORPORATION, tenancy unknown. The interest, if any, of: PEARLS BY SUNI. INC.. A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: PENN OPTICAL CORP.. A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: R M JEWELRY, INC., A FLORIDA CORPORATION, tenancy unknown. 15. SECIION 8"Z030-?5"ZO PARCEL 101 'co-., , rJArlF COIJNTl' OFSCRIPTION . STATF ROAn !i-liS 1 FEE SIMPLE RIGHT OF WAY SECTION 87030-2570 The interest, if 'any, of: RACK ROOM SHOES, INC., A NORTH CAROLINA CORPORATION, tenancy unknown. The interest, if any, of: MEETRAJ RAG, D/B/A THE DIAMOND CENTER, tenancy unknown. The interest, if any, of: RAY JEWELERS II, INC., A FLORIDA CORPORATION, tenancy unknown, The interest, if any, of: MARIA VALENCIA REAL. D/a/A MARIA'S JEWELRY, tenancy unknown. The interest, if allY, of: DEMETRIO RICO AND NATALIA RICO, THE LAST SURVIVING DIRECTORS OF DEMETRIO'S DESIGN, INC.. A DISSOLVED FLORIDA CORPORATION, AND AS SUCH, TRUSTEES OF SAID DISSOLVED CORPORATION, tenancy unknown. The interest, if any, of: ROSCOE & BERNIE'S, INC., A FLORIDA CORPORATION. tenancy unknown, The interest, if any, of: RONNIE ROSE, tenancy unknown. rhe interest, if any, of: RUBY TUESDAY, INC., A GEORGIA CORPORATION, tenancy unknown, The interest, if any, of: N.M.a, JEWELERS EXCHANGE, INC.. tenancy unknown. The interest, if any, of: SCOTT & VIRGINIA SCHAFER, D/B/A SCHAFER JEWELERS. tenancy unknown. The interest, if any, of: SCOTT LEVIN JEWELER, INC., A FLORIDA CORPORATION. tenancy unknown. The interest, if any, of: BERTA SHERMAN, D/B/A AS A & 16. ~Fl.TION R?P30-?570 PARCEL 101 ,,.......' nArlF C0LJN-rt DFSC81PTION STATF ROAD 5-11~ 1 FEE SIMPLE RIGHT OF WAY SECTION 87030-2570 B JEWELERS, tenancy unknown. The interest, if any, of: JOHN SILVERTAND AND CAROLYN SILVERTAND, THE LAST SURVIVING DIRECTORS OF EXPRESSIONS CUSTOM FURNITURE FLORIDA, INC.. A DISSOLVED FLORIDA CORPORATION, AND AS SUCH, TRUSTEES OF SAID DISSOLVED CORPORA TION, tenancy unknown. The interest, if any, of: SHLOMO SITBON, D/B/A S. A. JEWELRY tenancy unknown. The interest, if any, of: SOFTWEAR FASHIONS INTERNATIONAL, INC., A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: STARVIN' MARVIN JEWELRY, INC" A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: ALON STEIGER, D/B/A THE DIAMOND LOUPE, tenancy unknown. The interest, if any, of: HERBERT TASMAN AND MARILYN FRANCINE TASMAN. THE LAST SURVIVING DIRECTORS OF HERB TASMAN JEWELERS, INC" A DISSOLVED FLORIDA CORPORATION, AND AS SUCH, TRUSTEES OF SAID DISSOLVED CORPORATION, tenancy unknown. The interest, it any, of: THE COFFEE BEANERY, LTD. CORPORATION, A MICHIGAN CORPORATION. tenancy unknown. The interest, if any, of: THE JEWELRY CLINIC, INC., A FLORIDA CORPORATION, tenancy unknown. 17, SFr:TIO~ A70::l0-?!'i70 PARCEL 101 ~ nAnF r.nt JNi"Y' OFSCRIPTION . STATF ROAn S.llS , FEE SIMPLE RIGHT OF WAY SECTION 87030-2570 The interest, if any, of: THE MUSICLAND GROUP, INC" A DELAWARE CORPORATION, tenancy unknown. The interest, if any, of: UNIQUE RESTAURANT CONCEPTS, INC.. A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: UNIQUE RESTAURANT CONCEPTS, LTD., A FLORIDA CORPORATION, temmey unknown. The interest, if any, of: URBAN RETAIL PROPERTIES, CO., A DELAWARE CORPORATiON, tenancy unknown. The interest, if any, of: VIA MODA, INC., A FLORIDA CORPORA nON, tenancy unknown. The interest, if any, of: HERSCHEL WEINTRUB, D/B/A HERSCHEL'S FINE JEWELERS, tenancy unknown, The interest, if any, of: WILLIAM S. WEISMAN, THE LAST SURVIVING DIRECTOR OF THE BIG CHILL, INC., A DISSOLVED FLORIDA CORPORATION, AND AS SUCH, TRUSTEE OF SAID DISSOLVED CORPORATION, tenancy unknown, The interest, if any, of: WISTERIA, tenancy unknown. The interest, if any, of: YOGURT & YUMMIES OF AVENTURA. INC., A FLORIDA CORPORATION, tenancy uknown. The interest, if any, of: YOUR DISCOUNT BROKER, INC., A FLORIDA CORPORATION, tenancy unknown. 18. SFCTION aI.030-25ZP PARCEL 101 "~ STATF ROAn 5-[15 1 DA[)F COUNTY DESCRIPTION FEE SIMPLE RIGHT OF WAY SECTION 87030-2570 The interest, if any, of: ZAHRCO. INC., A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: ZO, INC., A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: ZOOM ROOM, INC., A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: C.WALL, INC., A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: THE JAFFE BUILDING, INC., tenancy unknown. The interest, if any, of: WALLICK MERCHANDISING OF AMERICA, INC., tenancy unknown. The interest, if any, of: APACHE LANDING RESTAURANT, INC.. tenancy unknown. The interest, if any, of: STUART M. BERGER, R.P.T" P.A. d/b/a CONCORDE PHYSIOTHERAPY, tenancy unknown. The interest, if any, of: UNLIMITED WELLNESS, INC.. d/b/a PITAS & PLATTERS, tenancy unknown. 1S. ......' ',~ The interest, if any, of: MIAMI DANCE, INC. d/b/a AVENTURA DANCE ACADEMY, tenancy unknown. The interest, if !lnY, of: HEARING EVALUATION AND REHABILITATION CENTER, INC., tenancy unknown. The interest, if any of: EVANS STUDIO 4, INC., d/b/a EVANS HAIR STUDIO, tenancy unknown, The interest, if any, of: SCOJO ENTERPRISES, INC" d/b/a BARKAY MEDICAL SERVICES, tenancy Unknown. The interest, if any, of: STEPHEN B. COHEN, CPA, tenancy unknown. The interest, if any, of: HENRI KONCKIER, INC.. tenancy unknown, The interest. if any, of: G & K DENTAL, INC., tenancy unknown. The interest, if any, of: CROSS POINTE REALTY, INC., tenancy unknown. The interest. if any, of: CHEF ALLEN, INC., tenancy unknown. GOOD FAITH ESTIMATE OF VALUE -it 3z.~ 3co. cQ 20. . -~.J' 5. That the deposit of money will secure the persons lawfully entitled to the compensation which will be ultimately determined by final judgment of this Court. 6. That the sum of money to be deposited in the Registry of the Court within twenty (20) days of the entry of this Order shall be in the amount of THREE HUNDRED TWENTY EIGHT THOUSAND THRee HUNDRED DOLLARS AND NO CENTS ($328,300.001. 7. That on deposit as set forth above and without further notice or Order of this Court the Petitioner shall be entitled to possession of the property Jescribed in the Petition. However, PCT 8!SCAYNE BOULEVARD PARTNERSHIP may continue to use the property acquired until May 31,1997. On or before May 31, 1997, PCT BISCAYNE BOULEVARD PARTNERSHIP shall remove all improvements from the property acquired without further Order of this Court. 8. Hereinafter, the parties may limit service of all papers related to discovery to the party or parties to whom the papers are directed. DONE AND ORDERED this ~day of November, 1S96 in the State of Florida, County of Dade. BY; p.~U\: SIEGEL CII\cU1I J,UOGE ._,' . CIRCUIT COURT JUDGE co: All parties on attached service list 2.. I ~ r t. e Derarblcnt "l'.\"nn~portatioll U1 thu canse cettUy Qt to the ~l!$t of my knowle,1"e this Co~rt Ordet" IS b:'ue and BO;urat,= of th.M entetcd by the Cfrcuit Court. METROPOLITAN DAIlE COUNTY PLEASE FURNISH FOLIO NUMBER 30 2203 030 0020 Sec. 3 Twp. 52 Rge. _~ Date Received Stamp PLEASE 'l'!Pl! OR PRlIlT LEGIBLY, IR IRK, ALL IBFOJlllA%IOR OR APPLICAnOR. 1. Hame of Applicant STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION a. 1fapp11CAuC 11 awuer. live name exactly a. recorded au deed. b. if applicant 1. leasee, attach copy of Ie... and Owner', Sworu-to-Con.ent form. c. if applicant 1. corporatiou. partnership, limited partnerShip, or trustee. . aeparace Disclolure of lntereae form mule be completed. Kalling Ad~re.. c/o Michael J. Snyder. Esq., 20803 Biscayne Blvd., #200. City Aventura SCate Florida Zip 33180 Tel.' (during working hours) (305) 937-4445 2. Name of Property Owner peT Eiscayne Boulevard Partnership and State of Florida Department of Transportc,tion by Order of Taking dated 11/26/96. Hailicg Mdreu c/o Michael J. Snyder. Esq.. 20803 Biscavne 'Boul(!vard. 11200 City Aventura. State Florida _ Zip 33180 Tel. , (during working hour,) (305) 937-4445 3. Contact PersoD Michael J. Snyder, Esquire lla111 og Address 20803 Biscayne Boulevard. Suite 200 City AV(>;htura State Florida Zip 33180 tel. I (during working hour.) (305) 937-4445 4. LEGAL DESCRIPTIOR OF THE PROPY.RTY COVERED BY THE APPLICATION. a. if subd.1vided. provide lot, block, complete name of subdivision, plat book and pale number. b. if mete. and bounds delcription, provide complete description. including section, township aDd raDge. c. submit six (6) copies of a lurvey. if property 1s odd-shaped (1" to 3001 scale) . d. if separate requests arp1y to d1fferent area., provide the legal description of each area covered by a separate reque.t. See Exhibit "A" attached hereto and made a part hereof. 5. Address or location of subject property: between N.E. 187th Street and N.~. 191st Street, East of Biscayne Boulevard Aventura, Florida 33180. 6. Size of property: ft. X ft. Acres + or - 27.46" State of Florida Department of Transportion acquired (X) or leased ( ) day of Order of Taking dated 11/26/96. yea rs-tmon th s. 7. Date subject proper:y portion of sub/ect property acquired through ______~. 9 u._.' Term of lease PLEASE FURNISH FOLIO NUMBER 30 2203 030 0020 P. B. FHe No. Sec. 3 :t'IIp. 52 Rge. 42 Processor Date: ZA.B CC TO BE FILLED OUT BY APPLICANT: (Please ~r1ot) 1. NlUll.e .)f applicant (Property Owner Dr .sworu-to~oUlent) . STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Lea.ee with Owner's 2. LEGAL DESCIlPTIO!l OF = nl'I'!J.T'! COV!Rl!!l !Y THE APPLICATION a. if .ubdivic~~: ,~o~:d~ l~t. blo~kl complete name of subdivision, plat book ADd ~a@e ~wmber. b. if mete. and bounds delcr1pt1ou. provide co~plete description. (including .action, townshiP. aad raDge). c. submit . copy of . survey if property 181 odd-shaped (1" C~ 300' scale) . d. if separate reque.ts apply co differeac are.., provide the legal description of each area covered by . separate request. See Exhibit "A" attached hereto and made a part hereof. 3. Address or locatioD of subject property: East of Biscayne Boulevard between N.E. 187th Street and N.E. 191st Street. Aventura. Florida 33180. 4. Size of property: ft. X ft. Acres + or - 27.46 State of Florida Department of Transportation S. Date subject property acquired ex) ~xkaaa.ax*xx~xxxxxxxxxxxxx~xRix~ portion of subject property acquired through Order of Taking dated 11/26/96. See Exhibit "B." , t$Xxxxxxxxxx.x:x~~~XXXXXXXXXXXXXX~lI:. 6. Does property owner own COtlttguous property to the subject property? If so, give complete legal description of entire contiauous property. Unknown as to PCT Biscayne Boulevard Partnership. State of Florida Deoartment of Transportatidn acquired portion of subject property through Order of Taking The State of Florida Department of Transportation dated ~vvember 76, 1996. also owns property north and south of the subject property along Biscayne Boulevard. q D:>es property owner CMIl contigous property to the subject property? If so, give calplete legal description of entire contiguous property, Unknown as to PCT Biscayne Boulevard Partnership. State of Florida Department of Transportation acquired portion of subject property through Order of Taking dated November 26. 1996. See Exhibit "B" 9 , Is there an option to purchase ( I 00: lease ( ) the subject property or property contiguous thereto? () yes or <,t~ no If yes, who are the potential purchasers or lessees? . 10. Present zoning cl....sification(s): BU-2 11, REJCCEST COVERED UNDER TIllS APPLICATIOO: please check the appropriate rox and give a brief description of the nature of the request in the space provided. ) District Boundary Change (s): Zone classifications requested Unusual Use Use Variance ( X)<: Non-Use Variance ( ) Special Exception ( XJC M:xiification of previous reSOlution/plan 12. HaS a public hearing been held on ~his property within the last year? If yes, applicant's nama PCT Biscayne Boulevard Partnership Date of hearing November 5. 1996 Nature of hearing Site Plan Approval Decision of hearing Approved Resolution # Z-96-11-ACC-l 13, Is this hearing being requested as a result of a violation notice? ( ) yes (Xlfno If yes, give narre to whan violation notice was served Nature of violation 14, Are there any existing structures on the property? ~ yes ( ) no If yes, brieU y describe Retail Shopping Center 15. Is there any existing use on the property? i'" )yes )no , If yes, what is the use and when was it established? Use Retail Shoppoing Center Established Unknown to Applicant. .."lll ~II#. .",d,"-'t> ~..; t"Gf f~'" O~R OR TENANT AFFIDAVIT /DEPARTMENT OF TRANSPORTATION I, STATE OF FLORIDA , being firat duly aworn, depose"and aay that I am the owner/tenant of the property desc.ribed and whi h 18 the subject matter of tht:: proposed hearing~ that all the answers to he queit10ni 1n t~.is application. and all aketch data and other BUP 1ement matter attached to and made a part of the appl1':atio a onel and t 0 the but of my knowledge and bellef. 1 understa d this pI C6 completed and accurate before a hearing can be ad ertiaed. Sworn to and subscribed to this _ day of Sent . ~-"--/i/{i~ . ". "..,...., ~L\I'1t'.i- , -' Notarr.~: ;., ~lrSvcOt~;\issim:'"0;~;!423'Clr,;;:" Commission Expires~ ^"",~-,~'f p,pni ,7, \9~9 ......... .... ....... ........ .... ...... 'II.. 'II.... .....* 'II... .'1ri;ll'~~".*lIIilllliJlItlfl*Miti',*,.'II'lIt,: 1'1, before we 19 .2L' CORPORATION AFFIDAVIT We, . being first duly sworn depose and say that we are the Presldent/Vice-Presdent. and Secretary/Asato Secretary of the aforesaid corporation, and ai such, have been authorized by the corporation to file this application for public hearing; that all answers to the ques~ions in said application and all sketches. data and other supplementary matter attached to and made a part of this application are honest and true to the best of our knowledge and belief; that said corporation is the owner/tenant of the property deacribed herein and which is the aubject matter of the proposed hearing. We understand this application muat be complete and accurate before a hearing can be advertised. President's Signature (Corp. Seal) ATTEST: Secretary's Signature Sworn to and subscribed to before me this day of , 19 Notary Public Commission Expires *.*.*..**..***..**.*.**.*....*.*........*................**************.***.** PARTNERSHIP AFFIDAVIT We::, the undersigned. being first duly sworn depose and say that we are partners of the herein after named partnership. and as such, have been authorized to file this application for a public hearing; that all answers to the questions in said application and all sketches, data, and other supple~entar)' matter attached to and made a part of this application are honest and true to the best of our k.nolo'lf::dge and belief i that said partnership- is the owner/tenant of the property described herein which 1s the subject matter of the proposed hearir.g. We understand this appliCAtion mUSt be complete and accurate befor~ a 'eari~& can be advertised. (Name of Partnership) By % % By B' % % B)' Sworn to and subscribed to before m~ this day of . 19 Notary Public Commission Expires *********.**.**..**.******.***..**.*****..*..****.****.*.***********.**~~*.*** ATTORNEY AfFIDAVIT I, ~tJ \~~e~~_, being first duly sworn, depose and say ~h~t , am a State of Florida Att~ at Law, and 1 am the Attorney for the O~.~~ ~: the property descrlbl!d and which is the subject matter of the pr.opose~' 'l~llil;~.ng; that all the answers to the questions in this application, and all s;...;.:c\'; ~ata and other supplementary matter attached and made a part of this ar-r),'.':iO,tlon are honest and true to the the best of my 'Knowledge and belief. I l'nof,;t"stand this application must be complete aod accurate before a hearing can be adverti>ed. ;:f1. ~ / JEANNlEAAAACION' ~' / ..."-........ . LL)~ Ellpn. Jan...... 1.g ature up()nOc31+h Sworn to;'and subscribed to thi s c2'im day of SfpT. "?(..<c' before me , \ 9 91:..... JCC~k;L.:...c. ~u..f,,..j t-;otary Pu ic. Com~1ssion Expires OWNER OR TENANT AFFIDAVIT I, t bf'ilng first duly 8worn, depose and ..y that 1 am the owner/tenant of the propert? described and which 1& the subject matter of tht: proposed hearing; that all the answers to the questions 1n t~.is appl1catlon, and aU sketch dati and other supplementary matter attached LO and made a part of the application are honest and true to the beat of my knowledge and beUef. 1 understand this appl1c:atlon lIIust be completed and accurate before a hearing can be advertised. Signature Sworn to and subscribed this _ day of to before lIle , 19 Noury Publlc Commission Expires; ********.******.*.*****.****************************************************** CORPORATION AFFIDAVIT We, t being first duly sworn depose and ..y that we are the Preddent/Vice-Presdent, and Secretary/Asato Secretary of the aforesaid ~orporation, and as such, have been authorized by the corporation to file this application for public hearing; that all answers to the quesrions in said application and all sketches, data and other supplementary matter attached to and made a part of this application are honest and true to the best of our knowledge and beliefj that said corporation is the owner/te~ant of the property described herein and which is the subject matter of the proposed hearing. We underltand this application must be complete and accurate before a hearing can be advertised. President's Signature (Corp. Seal) ATTEST: Secretary's Signature S~orn to and subscribed to before me this day of I 19 Notary Public Commission Expires ******************************************************.*******~*************** PARTNERSHIP AFFIDAVIT We. the undersigned, being first duly s~orn d~pose and say that we are partners of the herein after named partnership, and as such, have been authorized to file this application for a public hearing; that all answers to the questions in said application and all sketches, data, and other supplementary matter attached to and made a part of this application are honest and true to the besc of our kno....ledge and belief; that said pannershiIT is the owner/tenant of the property described herein which is the subject matter of the proposed hearing. We understand this application must be complete and accurate before a hearing can be advertised. (Name of Partnership) By % By % B' % By x Sworn to and subscribed to before me this day of . 19 Notary Publ1c Commission Expires *********.****.****************~..******************************************** ATTORNEY AFFIDAVIT I, MICHAEL J. SNYDER . being (irsl duly sworn, depose and sa)' that 1 am a State o{FiOr""i'd'ii'"-Att~-at Law, and I am the Attorne)' for the Owner of the property describl!d and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketch data and other supplementary matter attached and made a part of this application are honest and true to the the best of lilY knowledge and belief. 1 und~~,:, ~~,r~~' this application must be complete and accurate before a hearin~ ~d' t. advertised. Sworn ~.o ,!94- subscribed to before me this :/Cr;; day of Sept. ,19 97 MICHAEL J. --1,,",- ' ..~ ,'/>"y yHAI Com:nission Ex11lJ.rfl);s,_ 800-4221:':':' Date: Public Hearing No: I hereby acknowledge that I am aware that the Department of Environmental Resources Management (DERM). the Public Works Department, and other County agencies review zoning applications and proffer comments that may affect their scheduling and outcome. These comments sometimes include requirements for an additional public hearing before the Environmental Quali ty Control Board, or other County Boards, and/or the prior preparation and execution of agreements to run with the land which are recorded. In addition to theRe agencies. I also understand th~t the South Florida 6uilding Code may contain requirements that affect my ability to obtain a building permit (Building and Zoning Department loth Floor) for my project, even if my zoning application Is approved at public hearing. Contact with the above mentioned a~enc1es is alivised during the hearing process. Further, I understand that the cases of Machado v. Musgr~ve and McGaw v. Metropolitan Dade County may affect my public heartn~ application. I ackno~ledge receipt of copies of these cases for m\' reference. r~--' Signature) MICHAEL J. SNYDER, ESQ. Notary: Sworn to and subscribed before me this Z L ;,-,-/ day of September 19 -11.' "--.i..tA-f..-<~- Notary Public - -/ ,;;:!c_c,,-_- State of Florida My Commission expires ~,';.'j.Y Pll'4: ~.n~ *JI* o1'''''~Gfp..~~ TERESA HALL My Ccm("'~"'(.' r,(;'\2122 EKP'WSj Bonde'.1 800-422 Da te: Public Rearing No: " I hereby acknowledge that I am aware that the Department of Environmental Resources Management (DERM) , the Public Works Department, and other County agencies review zoning applications and proffer comments that may affect their scheduling and outcome. These comments sometimes include requirements for an additional public hearing before the Environmental Quality Control Board. or other County Boards, and/or the prior preparation and execution of agreements to run with the land which are recorded. In addition to th'eRe agencies. 1 also understand th~t the South Florida auilding Code may contain requirements that affect my ability to obtain a building permit (Building and Zoning Department 10th Floor) for my project, even if my zoning application is approved at; public hearing. Contact wtth the above ment ioned a~encies is artvised during the hearing process. Further, I understand that the cases of Machado v. Musgrove and McGaw v. Metropolitan Dade County may affect my public hearing 8ppl1catlon. 1 ackno~ledge receipt of copies for my reference. RTr- '^- , , Notary: Sworn to and subscribed before me this j'l day of ./ September 1997 ,/ ( Nota,ry Public - State _'~f~,:~;~oridtS?Ei~'~'Jl.i>,'\LI/AREZ My Commi s sIan e xpi r~~s;":~~ ,):J ~":~~G~Nt.;'~:_';i: ;7"~~F,:;,,~:~~:'[S :'>1 I' N I o I Exhibit "A" LEGAL. DESCRIPTION Tracts "A", "B". and "C", Regina Square Subdivision. according to the Plat thereof recorded In Plat Book 113, Page 27 of the Public Records of Dade County, Florida, less that portion of Tract "A" shown as Wafver of Plat 0-14317, befng more particularly descrIbed as follows: A portion o[ Tract A, REGINA SQUARE SUBDIVISION, according to the plat thereof recorded in Plat Book 113, at Page 27 of the Public Records of Dade County, Florida being more particularly described 8S follows: Begin ~~ the Northwest corner of said Tract A; thence run S 89' 49'44" E, along the North line of said Tract At fOT a dis. tance o[ 223.65 leet to a point; thence run S 0.45'38" E [or a dls. tance of 348.36 feet to a point on the South line of said Tract Aj . thence run N 89'56'45" W, along the South line of said Tract At for a distance of 73.50 feet to a point; thence run N 0'45'3811 W, along the West line of said Tract A, for a distance of 133.51 [eet to a point; thence run ~ 89-49'44" W, along 3 South line of said Tract A, for a distance of 75.14 feet to a point.i thence. run N 0-4513811 W, along a West line of said Tract A, for a distance of 50.00 feet to a point; thence run,' 89-49'44" W, along a South line of said Tract A, for a listanee of 75.00 ieet to a point; thence run N 0'4513811 W, along a West line of said Tract AI for a distance of 165.00 feet to the Point of Beginning; containing 1.24 Acres, more or less. AND A portion of Tract A. REGINA SQUARE SUBDIVISION, according to the plat thereof recorded In Plat Boo~ 113, at Page 27 o[ the Public Records of Dade County, Florida being more particularly described as fol1ows~ Begin at the Southeast corner of said Tract A; thence run N 89-56'45'1 W, along the South line of said Tract A. for a dis- tance of 361.66 feet to a point; thence run N 0'03'15" E for a dis. tance of 149.50 feet to a point; thence run N 89' 56'45" W for a distance of 283.39 feet to . pointi thence run N 0' 45'38" W for a distance of 198.74 feet to 8 point on the North line of said Tract A; thence run S 89'49'4411 E, along the North line of said Tract A, for a distance of 619.04 feet to the point of curvature of a eircu. lar curve to the right having a radius of 25.00 feet; thenc~ run Southeasterly, along the Northeast line of said Tract A and along the arC of said curve, for a distance of 38.92 feet, through a cen- tral angle of 89'11'34'1 to the point of tangency; thence run 5 O.38'10n E. along the East line of said Tract A, for a distance ~f ~22.28 feet to the Point of Beginning; containing 4.16 Acres, more or less. EXHIBIT "B" A portIon of Tract "B". REGINA SQUARE SUBDIVISION, according to the plat thereof as recorded in Plat Book 113, at Page 27, of the Public Records of Dade County, Florida, lying in the SW Y. of Section 3, Township 52 South, Range 42 East, and being more particularly described as follows: BEGIN at tha Northwast corner of tha Westerly 138.943 maters (45585 feeti of said Tract "B", this point lying on the eesterly Right of Way line of Stata Road No.5 (U.S. No.IIBisc"yne Bouleverdl. as shown on said plat and on the State of Florida State Road Department RIW Map Project No. 41, noW known es Section 87030-2201, as recorded in Plat Book 34, at Page 53 of reid Public Records of Dade County, Fiorida; thence run N87-32'01 "E. along the l\'orth line of sard Westerly 138.943 meters (455.85 feet) of Tract "B", for a distance of 4.846 meters (15.90 teet), to the point of intersection with a line 4,846 meters '15.90 feet) Easterly of end perallel with the Westerly line of said Tract "B". said Westerly line of Tract "B. also being the Easterly Right of Wey line of said State Road No.5; thence run S02'07' 2t "E, along last described parallel line, for a distance of 14.565 meters (47.79 faatl. to the point of curvature of 8 circular curve concave to the West: thence run Southerly, along the arc of said circular curve to the right. lying 4.846 meters (15,90 feetl Easterly of and concentric with said Easterly Right of Way line of State Road No.5 end with said Westerly line of Tract "B", heving a red IUS of 1776.540 meters 15828.53 feetl, through a central angle of 05.05'07", for an arc distance of t57,677 meters (517.31 feet) to the point of compound curvature with a circular curve concave to the West; _thence from a tangent bearing of S02057'46"W run Southwesterly along the arc of said circular curve to the right. having a rsdlus of 1435.560 meters14709.83 feetl, through a central angle of 03'17' 22", for an arc distance of 82.416 meters (270.39 feet), to the point of reverse curvature with a circular curve concave to the Northeast; thence from e tangent bearing of S06.15'OS"W run Southwesterly, Southerly, Southeast~r!y. Easterly and No=-:."e:estr;<"['" a!nr.'b the arc 0: ss"fj cirCIJ'ar curve to the left, having a radius of 8.000 mete's 126,25 feet!, thro,'gh a central angle of 98.46'57", for an arC distance of '-3.793 meters 145.25 feet), to the point of tengency with the Southerly line of said Trect "S., elso being the South line of the North 'A of the SWY. of said Section 3 and the Northerly Right of Way line of N.E. IS7th Street, as shown on the above mentioned plat; thence run S87"28'11"W, along last described line, for e distance of 4.875 meters (16.00 featl to the point of curvature of a circular curve concave to .the Northeast; thence run Southwestarlv. Westerly, Northwesterlv. Northerly and Northeasterly along the arc of said cirf;ular curve to the right, having a radius of 7.620 meters (25.00 feet) through a central angle of 98.11' 19", for an arc distence of 13,059 meters (42.84 feetl, to the pOint of reverse curvetur. with a circular curve concave to the West; thence from a tangent bearing of NOS.39'30.E run Northeasterly. Northerly and Northwesterly along the arc of said circular curve to the lell, also being said Easterly Right of Way line of State Road No.5 and the Westerly line of seid Tract "B., having a rsdius of 1771,693 meters 15812.63 feell, through a centrsl angle of 07.46'50., for an arc ~Ist~nc~ of 240.593 meters (789.35 feet) to the point of tangency: thence run N02 0721 W, elong said Easterly Right of Way line of State Road No.5 and Westerly line of said Tract "B", for a dlstsnca of 14.535 maters (47.69 feetl, to the POINT OF BEGINNING. Containing 1264.1 square meters 113.607 Square feet), more or less. ..-., ~ lr, II ,11 i6,: -..-s-t-- - ~ -::. -'- - --.e+ If , I I Subject [property --------+---------- TRAdT a , , '{'I" ~OOAl{ ~OM (lIJ-t1i ~s ',., l C HE 'llDa luellS! ADO ST " iPP 1'-' ., "'-41 " GROI. UACl 11J-11 " . TR . " a, t 130-4 9. TR A 0- <.> TR 0 " TR C " ---.- -->--- --------- , II 1\ V I U Si"~ '1- " ....., JU C ST ~ I 5 6 IS 4 3 2 I , TRACT A It It A , 10 1112 5 I ST ~ 6 . , 5 4 l!2 I, RACT A -. ~ 19 :; 7 t, -4 < <>:: LLJ = LLJ '-'- ~ I , i 1:6.~'l'1 71' at-,S J'6 ~;- 18 I : I : ~ _.:.tD.S.LD. H.L ~-,. . ,,'."O.O:1.B_ 2 j I .... ,stT~ TR 1 . .. rEI ::: ~ .'fHO d~ J ! ~ TR l'l~ " I"" I ~g , \ lit. I' 1 I I I I , io l::i lco I~ I~ I~ a:t TRACT A NOT SUB I I LOEHMANN'S FASHION ISLAND II MS I I TRACT A I EXHIBIT #2 ;II'" AmUVtA UIlAOO fltO-ZIJ) 4l.$D Sl{ see 34.51-, ""' -< . HE 190 ST "" ... TRACT P (144-89) ., L___ TR C .... z " NE 188 st " 05090 ." ... '=' ---- ...,. Q , CAI.u USt.!Il;!", L.. _ ___________ __ ME 185 miHTVcOUlT-[iiJ:fifT. A TRACT A I~ .J-." " , LEGAL DESCRIPTION Tracts "A", "B", and "C", Regina Square Subdivision, according to the Plat thereof recorded In Plat Book 113, Page 27 of the Public Records of Dade County, Florida, less that portion of Tract "A" shown as Waiver of Plat 0-14317, being more particularly described as follows: A portion of Tract A, REGINA SQUARE SUBDIVISION, according to the plat thereof recorded in Plat Book 113, at Page 27 of the Public Records of Dade County, Florida being more particularly described as follows: Begin at the Northwest corner of said Tract A; thence run S 89' 49'44" E, along the North line of said Tract A, for a dis- tance of 223.65 feet to a point; thence run S 0'45'38" E for a dis- tance of 348.36 feet to a point on the South line of said Tract A; . thence run H 89'56'45" W, along the South line of said Tract A, for a distance of 73.50 feet to a point; thence run N 0'45'38" 11', along the West line of said Tract A, for a distance of 133.51 feet to a point; thence run ~ 89'49'44" W, along a South line of said Tract A, for a distance of 75.14 feet to a point; thence. run' N 0'45'38" W, along a West line of said Tract A, for a distance of 50.00 feet to a point; thence run N 89049;44" W, along a South line of said Tract A, for a distance of 75.00 feet to a point; thence run N O' 45' 38" W, along a West line of said Tract A. for a distance of 165.00 feet to the Point of Beginning; containing 1.24 Acres, more or less. AND A portion of Tract A, REGINA SQUARE SUBDIVISION, according to the plat thereof recorded in Plat Boo~ 113, at Page 27 of the Public Records of Dade County, Florida being more particularly described as fol10ws: Begin at the Southeast corner of said Tract A; thence run N 89'56'45" W, along the South line of said Tract A, for a dis- tance of 361.66 feet to a point; thence run N 0'03'15" E for a dis' tance of 149.50 feet to a point; thence run N 89'56'45" W for a distance of 283.39 feet to a point; thence run N 0'45'38" W for a distance of 198.74 feet to a point on the North line of said Tract A; thence run S 89'49'44" E, along the North line of said Tract A, for a distance of 619.04 feet to the point of curvature of a circu- lar curve to the right having a radius of 25.00 feeti thence run Southeasterly, along the Northeast line of said Tract A and along the arc of said curve, for a distance of 38.92 feet, through a cen- tral angle of 89'11'34" to the point of tangency; thence run S 0'38'10" E, along the East line of said Tract A, for a distance of 322.28 feet to the Point of Beginning; containing 4.16 Acres, more or less. EXHIBIT #3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF PROPERTY CURE FOR EMINENT DOMAIN PROCEEDINGS FOR PROPERTY LEGALLY DESCRIBED IN EXHIBIT #1 AND COMMONLY KNOWN AS "LOEHMANN'S FASHION ISLAND"; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Applicants, PCT Biscayne Boulevard Partnership and the Florida Department of Transportation (FDOT), through Application Nos. 05-SP-97, 06- MA-97 and 08-SP-97 are requesting Special Exception for site plan approval and related variances for the property known as "Loehmann's Fashion Island"; and WHEREAS, the requests are being made in order to cure Non-conformities created by FDOT's acquisition of a portion of the subject property; and WHEREAS, the applicants have submitted two (2) sets of cure plans each, requiring the following: PCT Biscayne Boulevard Partnership: 1 . Non-use variance of open space requirements 2. Modification of Declaration of Restrictions Florida Department of Transportation: 1. Non-use variance of open space requirements 2. Modification of Declaration of Restrictions 3. Non-use variance of Parking lot buffer requirements (Potential Condition Plan I only) Resolution No. Page 2 WHEREAS, the property described herein is zoned BU-2, Special Business District and BU-3, Liberal Business District; and WHEREAS, the Community Development Department recommends approval of Application Nos. 05-SP-97 and 06-MA-97 and PCT Biscayne Boulevard Partnership's Loehmann's Alternate 2 plan based on superior landscaping and subject to conditions; and WHEREAS, the City Council has held a public hearing as provided by law; and WHEREAS, the City Council finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application Nos. 05-SP-97 and 06-MA-97 and PCT Biscayne Boulevard Partnership's Loehmann's Alternate 2 plan requesting special exception for site plan approval and related variances on property legally described as: SEE ATTACHED EXHIBIT #1 NKlA "LOEHMANN'S FASHION ISLAND" AVENTURA, FLORIDA is hereby granted subject to the following condition: Applicant shall request building permits within twelve (12) months of the date of the settlement of the eminent domain proceedings or the site plan and variances granted shall be deemed null and void. Resolution No. Page 3 Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Councilmember who moved its adoption. The motion was seconded by Council member , and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Council member Jay R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Council member Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED this 7hday of October, 1997. ARTHURI.SNYDER,MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this _ day of ,1997. CITY CLERK , ., , LEGAL DESCRIPTION Tracts "A", "B", and "C", Regina Square Subdivision, according to the Plat thereof recorded in Plat Book 113, Page 27 of the Public Records of Dade County, Florida, less that portion of Tract "A" shown as Waiver of Plat 0-14317. being more particularly described as follows: A portion of Tract A, REGINA SQUARE SUBDIVISION according to the plat thereof recorded in Plat Book 113, at Page 27 of the Public Records of Dade County, Florida being more particularly described as follows: Begin at the Northwest corner of said Tract A; thence run S 89" 49'44" E, along the North line of said Tract A, for a dis- tance of 223.65 feet to a point; thence run S 0'45'38" E for a dis- tance of 348.36 feet to a point on the South line of said Tract A; - thence run Ii '9"56'45" 11', along the South line of said Tract A, for a distance of 73.50 feet to a point; thence run N 0"45'38" W, along the West line of said Tract A, for a distance of 133.S1 feet to a point; thence run W 89"49'44" W, along a South line of said Tract A, for a distance of 75.14 feet to a point; thence. run' N 0" 45' 38" 11', alDng a West line of said Tract A, for a distance of 50.00 feet to a point; thence run N 89-49'44" 11', along a South line of said Tract A, for a distance of 75.00 feet to a point; thence run N 0"45'38" W, along a West line of said Tract A. for a distance of 165.00 feet to the Point of Beginning; containing 1.24 Acres, more or less. AND A portion of Tract A, REGINA SQUARE SUBDIVISION, according to the plat thereof recorded in Plat Boo~ 113, at Page 27 of the Public Records of Dade County, Florida being more particularly described as follows: Begin at the Southeast corner of said Tract A; thence run N 89"56'45" 11', along the South line of said Tract A, for a dis- tance of 361.66 feet to a point; thence run N 0'03'15" E for a dis- tance of 149.50 feet to a point; thence run N 89"S6'4S" II' for a distance of 283.39 feet to a point; thence run N 0'45'38" II' for a distance of 198.74 feet to a point on the North line of said Tract A. thence run S 89"49'44" E, along tbe North line of said Tract A, f~r a distance of 619.04 feet to the point of curvature of a circu- lar curve to the right having a radius of 25.00 feet; thence run Southeasterly, along the Northeast line of said Tract A and along the arc of said curve, for a distance of 38.92 feet, through a cen- t ral angle of 89" 11' 34" to the point of tangency; thence run S 0"38'10" E, along the East line of said Tract ^, for a distance qf 322.28 feet to the Point of Beginning; containing 4.16 Acres. more or less. EXHIBIT #~ CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Council FROM: BY: DATE: SUBJECT: Petition of Brookman-Fels at Country Club Estates for Final Plat Approval for Aventura Estates Replat (06-SUB-97) October 7, 1997 City Council Meeting Agenda Item ,') j) RECOMMENDATION It is recommended that the City Council: 1) Approve the Aventura Estates Replat, and authorize the appropriate city officials to execute the plat for submission to Dade County for recordation, 2) Approve the attached plat approval Resolution, and direct the City Clerk to record it in the Public Records of Dade County, all .associated costs to be borne by the applicant. DESCRIPTION I BACKGROUND Purpose: To reconfigure two (2) previously platted single-family residential lots, in order to accommodate a larger than anticipated house on one of the proposed lots (lot 42). The effect of this action is shifting a lot line four (4) feet, in order to increase the size of lot 42, while at the same time reducing the size of lot 43 by an equal amount. This proposal is a superior method of addressing this type of situation than the currently customary solution of applying for variances. Taking the positive action of replatting these two lots will significantly reduce the possibility of title problems for the future residents of these two lots. Further, the City should Page 2 Aventura Estates Replat (06-SUB-97) encourage the use of positive solutions, as opposed to governing by variance or exception. Location: Within the Aventura Estates subdivision. West of East Country Club Drive, at the intersection of NE 199th Street and NE 3th Court. Existina Use: Single family residence under construction on lot 42, lot 43 is currently vacant. Proposed Use: Two (2) single family residential units. Adiacent Uses: North: Undeveloped residentially zoned RU-4A property. South: Golf course. East: Porto Vita and Yacht Club residential developments. West: Golf course. Land Use: Medium-High Density, up to 60 dwelling units per gross acre. Zonina: RU-4A, Apartments 50 unitslnet acre, Hotel/Motel 75 units/net acre. Access: East Country Club Drive. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE FINAL PLAT FOR AVENTURA ESTATES REPLAT, SECTION 35, TOWNSHIP 51S, RANGE 42E OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO TAKE THE NECESSARY ACTIONS PURSUANT THERETO; PROVIDING FOR RECORDATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Brookman-Fels, by and through Petition No. 06-SUB-97 and in accordance with the Metropolitan Dade County Land Development Code, requested final plat approval for Aventura Estates Replat, Section 35, Township 51 S, Range 42E, of the Public Records of Dade County, Florida, the final plat being incorporated herein by reference and made a part of this Resolution as Exhibit "1 "; and WHEREAS, at a duly advertised public meeting held on October 7, 1997, the City Council heard, reviewed and duly considered the reports, findings and recommendations of the City Administration, together with testimony at the public meeting, and upon deliberation finds that final plat approval for Aventura Estates Replat, Section 35, Township 51 S, Range 42E, is in the best interests of the citizens of the City of Aventura. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA THAT: Section 1. The final plat for Aventura Estates Replat, Section 35, Township 51 S, Range 42E, of the Public Records of Dade County, Florida, as more particularly described in Exhibit "1", is hereby approved. Resolution No. 97-_ Page 2 Section 2. The City Manager and City Clerk are hereby authorized to sign the face of the Plat. Section 3. This Resolution shall be recorded in the Public Records of Dade County, Florida with the petitioner to pay the costs thereof. Section 4. This Resolution shall become effective upon 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: Council member Arthur Berger Councilmember Jay R. Beskin Council member Ken Cohen Council member Harry Holzberg Councilmember Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED this ih day of October, 1997. ARTHUR I. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 701 Drkh'lI /'-'('(.1111.: 1 Stl1 FfO(lr Mirll'll-, rf."i,n:n T.'h-ph()lIt> 3051,,73-9100 Fllt':~imilt' 3Wi/Ji'2.9400 Miami PitMHlrf,1z HlIl'ri.<;bllrg lIt1cl!tuum PIlilMelpl1fl1 fh~Jo/l Fflrtl..alu/t,,,l!lff,, R,xIIRllfI.:m ru1f,~htl::s.!'( Washilt:~IOlj, D.C. ECK.ERI' SEAMANS GiERIN & MELLOIT, LC -......1_.._-..-"'- SepteIllber 12, 1997 Mr. J aye Epstein Community Development Coordinator City of A ventura 2999 NE 191 St., Suite 500 Avenmra, Florida 33180 BY FAX: 466-8939 RE: CountrY Club Estates; New Plat for Brookman-Fels Dear Mr. Epstein: Pursuant to your request, please accept this lener as our explanation for the necessity of the subject replat. Pursuant 10 Chapter 28 of the Code of Metropolitan Dade County, any time platted lots are changed as to the configuration, said lots must be replatted pursuant to the provisions of the Dade County Code. In this instance, it is determined that the physical needs of a sales contract required one of our lots to expand by four feet, thereby subtracting four feet from an adjoining lot, In all respects these lots meet with zoning requirements for Metropolitan Dade County. We trust this answers your inquiry. Cordially ~ Stanley B. Price SBP,c;m/60028 STANLEY B. PRICE 305/347-3816 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM BY: TO: FROM: DATE: October 1, 1997 SUBJECT: Aventura Shops, Inc. Request for Multi-Tenant Center Sign Graphics approval for facade signage. 01-MTC-97 October 7,1997 City Council Meeting Agenda Item oj E RECOMMENDA nON It is recommended that the City Council approve the request with conditions. THE REQUEST The applicant, Aventura Shops, Inc., is requesting approval for Multi-Tenant Center Sign Graphics for facade signage. BACKGROUND ADDRESS OF PROPERTY: Aventura Shops 3001 - 3025 Aventura Boulevard EXISTING ZONING: BU-2, Special Business District FUTURE LAND USE DESIGNATION: Business and Office ANALYSIS ANALYSIS Community Development Department Analysis - The Community Development Department is supportive of this application. Ordinance No. 97-17 (Sign Code), Section 9. Supplemental reQulations reads as follows: a) Multi-tenant Center Sign graphics criteria. The Owner of a Multi-tenant, or their authorized representative, may choose to comply with the standards for Nonresidential District Signs or alternatively, apply for approval as a Multi-tenant Center as described below. 1) The owner of a Multi-tenant Center shall submit to the City Manager a written statement of the uniform Sign graphics criteria for the Multi-tenant Center (the "Criteria"). The City Manager shall review the Criteria, make a recommendation and submit the Criteria, along with the recommendation to the City Council, for final approval. Once the Criteria have been approved, they shall apply to the entire Multi-tenant Center, as well as to each individual occupant, and shall remain in effect for so long as the Multi-tenant Center exists, regardless of a change in ownership or management, unless and until the owner obtains approval to amend the Criteria from the City Council. The Criteria for each Multi-tenant Center shall include, but not be limited to, color(s), type of Signs, style of letters, size of letters (maximum or minimum) and size of Signs. 2) An application to erect any Sign for any portion of a Multi-tenant Center shall include and comply with the Criteria established for the Multi-tenant Center, a sketch of the proposed Sign and the written consent of the owner of the Multi-tenant Center for the proposed Sign. The applicant proposes the following: (See Exhibit #1) 1) Approval: Landlord's approval shall be required of Tenant's design, materials and the location on the fac;;ade. Analysis: This approval is required at this time only in the form of an owner of the property signature on the sign permit application. Therefore, Landlord's approval exceeds Code requirements. 2) Copy: All copy must be limited to the trade name or type of business. Analysis: Same as Sign Code. 2 3) Size: Letter height shall not exceed 26" except for Walgreens. The height of Walgreens sign over their entrance shall not exceed 82" and on the portion of their store facing Aventura Boulevard shall not exceed 45". Analysis: The Sign Code regulates the maximum height of letters only by way of maximum square footage allowed. The applicant's proposal further regulates the size of the letters beyond what the Sign Code allows. The total length of the sign shall not exceed 95% of the width of the Tenant's exterior fa9ade. The maximum projection of the sign from the face of the sign fa9ade shall be six (6) inches. The area of a sign shall not exceed: For 20' frontage store For corner store (Andalusia location - 48 front feet) For Walgreens (front - 129 front feet) For Walgreens (side - 50 front feet) For Northern Trust Bank (64 front feet) 42 SF 60 SF 260 SF 80 SF 60 SF Analysis: The proposed (and existing) measurements are larger than those conditions presentfy allowed by the Sign Code (1 sq. ft. for each lineal ft. of Tenant Frontage). However, those signs presently existing are within the applicant's proposed maximum measurements and are aesthetically acceptable. 4) Location: Signs shall be surface mounted and must be located appropriately in relation to the entrance to Tenant's store space. Walgreens shall be permitted to maintain a second sign on the portion of their store facing Aventura Boulevard. Analysis: Same as Sign Code. 5) Sign Material/Colors: To be individual channel letters with opaque metal sides in bronze color with matte finish acrylic plastic faces, internally illuminated by neon. The exterior faces of the signs shall be red except that the color of the Northern Trust Bank sign shall be bronze. Analysis: This requirement exceeds what is required by the Sign Code as no limits to color are specified in the Code. 6) General Specifications: A. No exposed raceways, crossovers, wiring or conduits will be permitted. B. All cabinets, conductors, transformers and other equipment shall be concealed. Visible fasteners will not be permitted. 3 C. Electrical service to all signs shall be connected to Tenant's electric meter by Tenant. D. No animated components, flashing lights, bare bulbs, painted, wood, plastic or box/cabinet signs will be permitted. Analysis: These items are generally the same as what is presently required upon Sign permit approval. However, Item C should be rewritten to read "Electrical service to all signs shall be connected to meter by licensed Electrical Contractor and shall be the responsibility of the Tenant." 7) Prior to Installation: Tenant shall submit a minimum of two (2) sets of shop drawings, showing all details, mounting position of sign and a sample of the sign materials to: (Landlord) Analysis: This requirement exceeds what is required as the Code does not specify that Tenant submit signage detaifs to the (Landlord). Further, this item is a continuance of requirements of Item #1 above. 8) All signs must comply with sign criteria indicated herein. All signs must also comply with City of Aventura, Florida Ordinance No. 97-17. Tenant shall be responsible for obtaining permits for signs prior to their installation from: (City of Aventura) 9) Tenant must receive written approval for any sign from Aventura Shops, Inc. prior to erection and fabrication. Any sign installed without approval will be removed at Tenant's expense. Analysis: This requirement exceeds what is required as the Code does not specify that Tenant receives written approval from the (Landlord). 10)AIl signs shall be constructed and installed by a qualified sign company at Tenant's expense. Analysis: Same as Sign Code. 4 The following information may be helpful: Sign Area allowed Existing Applicant Tenant Under Sign Code Conditions proposes: (Approx.) Vacant Store 20 SF maximum No sign 42 SF maximum Omaha Steaks 20 SF maximum 40 SF 42 SF maximum Lisa Todd 40 SF maximum 38 SF 42 SF maximum (double store front) (2'signs at 42 SF maximum if occupied by 2 different tenants) Andalusia Bake Shop 48 SF maximum 80 SF 60 SF maximum Cleaners 20 SF maximum 33 SF 42 SF maximum European Wax Center 20 SF maximum 17 SF 42 SF maximum Nelson's Hair Salon 20 SF maximum 15 SF 42 SF maximum Walgreens 129 SF maximum 258 SF 260 SF maximum (front) Walgreens 64 SF maximum 78 SF 80 SF maximum (side) Northern Trust Bank 64 SF maximum 40 SF 60 SF maximum . There are nine (9) existing Wall (fa9ade) signs. Of those 9, four (4) signs are smaller than the maximum allowed by the Sign Code. Upon Council approval of Ordinance No. 97-17, guidelines were established that provided for existing channel letter signs that are not more than twice the square footage allowed, to remain until June 3, 2002. All of these signs fall within this category. Approval of this request will allow for these, and any new Wall signage at this location to still generally fall within those guidelines. 5 CONDITIONS It is recommended that the request be granted subject to the following conditions: 1) This Resolution shall be recorded in the Public Records of Dade County prior to issuance of any Sign permits for the subject property. 2) Item C on the attached Exhibit #1 shall be rewritten to read "Electrical service to all signs shall be connected to meter by licensed Electrical Contractor and shall be the responsibility of the Tenant." 3) The following existing signs or portions of signs shall be removed within the timeframe as specified in Ordinance No. 97-17: "Sizes 14-24" - at the Lisa Todd location "Food Emporium" - at the Andalusia location "Food Mart Pharmacy Liquors" - at the Walgreens front location "Liquors Pharmacy" - at the Walgreens side location 4) Those non-conforming monument signs existing on the property shall be removed within the timeframe as specified in Ordinance No. 97-17. Istaff reportsfAventura Shops 100797 01-MTC-97 6 September 23, 1997 AVENTURA SHOPS, INC. 7400 No. Kendall Drive, Suite 410 Miami, FL 33156-7177 Off.: (305) 670-1895 Fax: (305) 670-9151 RECEIVED SEP 2 4 '997 Eric Soroka, city Manager City of Aventura 2999 NE 191 street, Ste. 500 Aventura, FL 33180 OFFICE OF THE CllY MANAGER Re: Multi-Tenant Shopping Center sign Application Aventura Shops, Inc. Dear Mr. Soroka: This is in response to your letter of September 2, 1997 in which you requested the following information regarding the above referenced application: 1) color, type of signs, siz~ of letters and size of sign for all existing signs within the Center: (a) The Northern Trust Bank signs are bronze and all of the remaining signs are red. (b) All of the signs are individual channel letters with matte finish acrylic plastic faces, internally illuminated by neon except the 8n Lisa Todd sign which is not illuminated. (c) The following is a list of the size of letters and size of signs for all the existing signs within the Center: Size of size of Tenant Letters Siqn Omaha Steaks 26"* 40 sq. ft. Lisa Todd-(l) 25n 38 sq. ft. Lisa Todd-(2) 8n 4 sq. ft. Andalusia Bake Shop-(l) 26n 28 sq. ft. Andalusia Bake Shop-(2) 16n 12 sq. ft. Andalusia Bake Shop-(3) 16n 19 sq. ft. optima Custom Cleaners 25n 33 sq. ft. European Wax Center (Nelson's Hair Salon) 13n 17 sq. ft. Nelson's Hair Salon 13n 15 sq. ft. Walgreen's-(l) (west facing) 36n* 258 sq. ft. Walgreen's-(2) (west facing) 13" ** Walgreen's-(l) (south facing) 36n* 78 sq. ft. walgreen's-(2) (south facing) 13n ** Northern Trust Bank-(l) 16n 40 sq. ft. Northern Trust Bank-(2) 12n ** * Largest letters (certain letters are smaller) ** Area included in square footage of sign designated n(l)". EXHIBIT #1 september 23, 1997 Eric Soroka, city Manager Page 2 of 2 2) Sketch of all Existina Sians I am enclosing photographs of each of the existing signs which I trust will be acceptable in lieu of sketches which are not available. 3) Amendment of Sian criteria Enclosed is a revision of the Uniform Sign Graphics criteria. The criteria provide>> that the style of letters shall be individual channel 'letters with opaque metal sides with matte finish acrylic plastic faces, internally illuminated by neon. The criteria provides that the Northern Trust sign shall be bronze and all other signs shall be red. . The "size" provision has been expanded to provide for a maximum sign area. Please advise if any further information is required in order to process our application. ~ e President IS:RF encls. T\Av-cty AVENTtIRA SHOPS, INC. Uniform Siqn Graphics Criteria for Facade Siqn tor a Multi-Tenant Center ADDroval: Landlord's approval shall be required of Tenant's design, materials and the location on the facade. ~ All copy must be limited to the trade name or type of business. ~ Letter height shall not exceed 26" except for Walgreens. The height of Walgreens I sign over their entrance shall not exceed 82" and on the portion of their store facing Aventura Boulevard shall not exceed 45". The total length of the sign shall not exceed 95% of the width of the Tenant's exterior facade. The maximum projection of the sign from the face of the sign facade shall be six inches (6"). The area of a sign shall not exceed: For 20' frontage store For corner store (Andalusia-48 'front feet) For Walgreens-west facing (129 front feet) For Walgreens-south facing (50 front feet) Northern Trust Bank (64 front feet) 42 sq. ft. 60 sq. ft. 260 sq. ft. 80 sq. ft. 60 sq. ft. LOcation: signs shall be surface mounted and must be located appropriately in relation to the entrance to Tenant's store space. Walgreens shall be permitted to maintain a second sign on the portion of their store facing Aventura Boulevard. sian Material/colors: To be individual channel letters with opaque metal sides in bronze color with matte finish acrylic plastic faces, internally illuminated by neon. The exterior faces of the signs shall be red except that the color of the Northern Trust Bank sign shall be bronze. General Snecifications: A. No exposed raceways, crossovers, wiring or conduits. will be permitted. B. All cabinets, conductors, transformers and other equipment shall be concealed. Visible fasteners will not be permitted. c. Electrical service to all signs shall be connected to Tenant I s electric meter by Tenant. D. No animated components, flashing lights, bare bulbs, painted, wood, plastic or box/cabinet signs will be permitted. Prior to Installation: Tenant shall submit a minimum of two (2) sets of shop drawings, showing all details, mounting position of sign and a sample of the sign materials to: Ira Segal, Vice President Aventura Shops, Inc. 7400 No. Kendall Drive, ste. 410 Miami, FL 33156 Telephone: (305) 670-1895 Fax: (305) 670-9151 All signs must comply with sign criteria indicated herein. All signs must also comply with city of Aventura, Florida Ordinance No. 97-17. Tenant shall be responsible for Obtaining permits for siqns prior to their installation from: City Manaqer, City of Aventura, Florida 2999 N.E. 191st street, Ste. 500 Aventura, FL 33180 Telephone: (305) 466-8900 Fax: (305) 466-8939 Tenant must receive written approval for any sign from Aventura Shops, Inc. prior to erection and fabrication. Any sign installed without approval will be removed at Tenant's expense. All signs shall be constructed and installed by a qualified sign company at Tenant's expense. aai \mm-signs .. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF MULTI-TENANT CENTER SIGN GRAPHICS FOR FACADE SIGNAGE FOR PROPERTY LOCATED AT 3001-3025 AVENTURA BOULEVARD; PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 97-17 allowed for the Owner of a Multi-tenant Center, or their authorized representative, to comply with the standards for Nonresidential District Signs or alternatively, apply for approval as a Multi-tenant Center. WHEREAS, the property described herein is zoned BU-2, Special Business District and is a Nonresidential District; and WHEREAS, the Applicant, Aventura Shops, Inc., through Application No. 01- MTC-97, is requesting approval of Multi-tenant Center Sign Graphics for fa98de signage; and WHEREAS, the City Administration recommends approval of these requests subject to conditions; and WHEREAS, the City Council has held a public hearing; and WHEREAS, the City Council finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Resolution No. Page 2 Section 1. Application No. 01-MTC-97 for approval of Multi-Tenant Center Sign Graphics for fac;:ade signage on property located at 3001-3025 Aventura Boulevard is hereby granted subject to each of the following conditions: 1) This Resolution shall be recorded in the Public Records of Dade County prior to the issuance of any Sign permits for the subject property. 2) Item C on the attached Exhibit #1 shall be rewritten to read "Electrical service to all signs shall be connected to meter by licensed Electrical Contractor and shall be the responsibility of the Tenant." 3) The following existing signs or portions of signs shall be removed within the timeframe as specified in Ordinance No. 97-17: "Sizes 14-24" - at the Lisa Todd location "Food Emporium" - at the Andalusia location "Food Mart Pharmacy Liquors" - at the Walgreens front location "Liquors Pharmacy" - at the Walgreens side location. 4) Those non-conforming monument signs existing on the property shall be removed within the timeframe as specified in Ordinance No. 97-17. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. This Resolution shall become effective immediately upon its adoption. Resolution No. Page 3 The foregoing Resolution was offered by Council member 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 Council member Jay R. Beskin Council member Ken Cohen Councilmember Harry Holzberg Councilmember Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED this 7th day of October, 1997. ARTHUR I. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this _ day of ,1997. CITY CLERK September 23, 1997 AVENTURA SHOPS, INC. 7400 No, Kendall Drive, Suite 410 Miami, FL 33156-7177 Off.: (305) 670-1895 Fax: (305) 670-9151 RECEIVED SEP 2 4 1997 Eric Soroka, city Manager City of Aventura 2999 NE 191 Street, Ste. 500 Aventura, FL 33180 OfFICE OF THE CITY MANAGER Re: MUlti-Tenant Shopping Center sign Application Aventura Shops. Inc. Dear Mr. Soroka: This is in response to your letter of September 2, 1997 in which you requested the following information regarding the above referenced application: 1) Color, type of signs, siz~ of letters and size of sign for all existing signs within the Center: (a) The Northern Trust Bank signs are bronze and all of the remaining signs are red. (b) All of the signs are individual channel letters with matte finish acrylic plastic faces, internally illuminated by neon except the 8" Lisa Todd sign which is not illuminated. (c) The following is a list of the size of letters and size of signs for all the existing signs within the Center: Size of size of Tenant Letters Siqn Omaha Steaks 26"* 40 sq. ft. Lisa Todd-(l) 25" 38 sq. ft. Lisa Todd-(2) 8" 4 sq. ft. Andalusia Bake Shop-(l) 26" 28 sq. ft. Andalusia Bake Shop-(2) 16" 12 sq. ft. Andalusia Bake Shop-(3) 16" 19 sq. ft. optima Custom Cleaners 25" 33 sq. ft. European Wax Center (Nelson's Hair Salon) 13" 17 sq. ft. Nelson's Hair Salon 13" 15 sq. ft. Walgreen's-(l) (west facing) 36"* 258 sq. ft. Walgreen's-(2) (west facing) 13" ** Walgreen's-(l) (south facing) 36"* 78 sq. ft. Walgreen's-(2) (south facing) 13" ** Northern Trust Bank-(l) 16" 40 sq. ft. Northern Trust Bank-(2) 12" ** * Largest letters (certain letters are smaller) ** Area included in square footage of sign designated "(1)". EXHIBIT #1 september 23, 1997 Eric Soroka, city Manager Page 2 of 2 2) Sketch of all Existina Sians I am enclosing photographs of each of the existing signs which I trust will be acceptable in lieu of sketches which are not available. 3) Amendment of Sian criteria Enclosed is a revision of the Uniform Sign Graphics criteria. The criteria provides that the style of letters shall be individual channel letters with opaque metal sides with matte finish acrylic plastic faces, internally illuminated by neon. The criteria provides that the Northern Trust sign shall be bronze and all other signs shall be red. , The "size" provision has been expanded to provide for a maximum sign area. Please advise if any further information is required in order to process our application. e President IS:RF encls. T\Av-cty AVEIl'rURA SHOPS, INC. uniform Siqn Graphics criteria for Facade Siqn for a MUlti-Tenant Center ADDroval: Landlord's approval shall be required of Tenant's design, materials and the location on the facade. ~ All copy must be limited to the trade name or type of business. ~ Letter height shall not exceed 26" except for Walgreens. The height of Walgreens I sign over their entrance shall not exceed 82" and on the portion of their store facing Aventura Boulevard shall not exceed 45". The total length of the siqn shall not exceed 95% of the width of the Tenant's exterior facade. The maximum projection of the sign from the face of the sign facade shall be six inches (611). The area of a sign shall not exceed: For 20' frontage store 42 sq. ft. For corner store (Andalusia-48 'fron~ fe'et) 60 sq. ft. For Walqreens-west facing (129 front feet) 260 sq. ft. For Walgreens-south facing (50 front feet) 80 sq. ft. Northern Trust Bank (64 front feet) 60 sq. ft. Location: Signs shall be surface mounted and must be located appropriately in relation to the entrance to Tenant's store space. Walgreens shall be permitted to maintain a second sign on the portion of their store facing Aventura Boulevard. sian Material/colors: To be individual channel letters with opaque metal sides in bronze color with matte finish acrylic plastic faces, internally illuminated by neon. The exterior faces of the signs shall be red except that the color of the Northern Trust Bank sign shall be bronze. General Snecifications: A. No exposed raceways, crossovers, wiring or conduits. will be permitted. B. All cabinets, conductors, transformers and other equipment shall be concealed. Visible fasteners will not be permitted. C. Electrical service to all signs shall be connected to Tenant's electric meter by Tenant. D. No animated components, flashing lights, bare bulbs, painted, wood, plastic or box/cabinet signs will be permitted. Prior to Installation: Tenant shall submit a minimum of two (2) sets of shop drawings, showing all details, mounting position of sign and a sample of the sign materials to: Ira Segal, Vice President Aventura Shops, Inc. 7400 No. Kendall Drive, ste. 410 Miami, FL 33156 Telephone: (305) 670-1895 Fax: (305) 670-9151 All siqns must comply with siqn criteria indicated herein. All signs must also comply with City of Aventura, Florida Ordinance No. 97-17. Tenant shall be responsible for obtaininq permits for siqns prior to their installation from: City Manaqer, City of Aventura, Florida 2999 N.E. 191st Street, ste. 500 Aventura, FL 33180 Telephone: (305) 466-8900 Fax: (305) 466-8939 Tenant must receive written approval for any sign from Aventura Shops, Inc. prior to erection and fabrication. Any sign installed without approval will be removed at Tenant's expense. All signs shall be constructed and installed by a qualified sign company at Tenant's expense. aSi\mm-signs , CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: Eric M. Soroka, City ~------ of Community Development ~. __ TO: City Council BY: Jaye M. Epstein, A DATE: September 30, 1997 SUBJECT: Petition of Aventura Commons Associates for Final Plat Approval for Aventura Commons (04-SUB-97) -~ ,- October 7,1997 City Council Meeting Agenda Item 51- RECOMMENDATION It is recommended that the City Council: 1) Approve the Aventura Commons Plat, and authorize the appropriate city officials to not execute the plat for submission to Dade County for recordation until such time as: a) the 50' Landscape Buffer is created and recorded in a form acceptable to the City Attorney, and b) a landscape plan for the 50' buffer has been submitted to the City Manager for review and approval. 2) Approve the attached plat approval Resolution, and direct the City Clerk to record it in the Public Records of Dade County, all associated costs to be borne by the applicant. Said resolution to only be executed by the appropriate City Officials following satisfaction of recommendation #1. DESCRIPTION I BACKGROUND Purpose: To accommodate the development of a 267,000 +/- sq. ft. shopping center. When this project was approved by the Dade County Commission, in December of 1995 (Z-189-95, copy attached), conditions were imposed which required "That a 50' minimum landscape buffer be provided along the easterly common property line between the commercial and residential parcels." Further, "That a landscape plan be reviewed and approved by the Planning Department Page 2 Aventura Commons Plat and that the easterly landscape buffer be extensively planted with trees, shrubs and vines to reduce graffiti." However, the County did not impose a trigger for the implementation of these requirements. In response, the property owner recorded a Declaration of Restrictive Covenants (copy attached), that acknowledged the 50' buffer requirement. Generally, the Covenant indicates that a 50' landscape buffer will exist between the Residential Land (a.k.a. Aventura Lakes) and the Commercial Land (a.k.a. Aventura Commons), but leaves the distribution of the 50' up to the private parties to decide. As building permits have now been issued within both properties, city staff believes that the time has come for the public interest in this requirement to come to the forefront. To date, neither private party has chosen to adequately address this issue. Therefore, staff believes that the City Council, as custodians of the public trust, should begin to tie development approvals to this necessary and desirable landscape buffer, which has been neglected by private parties. As a result, staff is recommending that the City Council approve the plat, but that the appropriate City officials not execute the plat until such time as the 50' landscape buffer be established, by appropriate instrument, recorded in the Public Records of Dade County, and that the Landscape Plan for the buffer be approved by the City. Location: On Biscayne Boulevard, north of NE 210th Street and south of proposed NE 213th Street. Existina Use: Vacant, under construction. Proposed Use: Shopping Center. Adiacent Uses: North: Vacant commercial property. South: Place of worship (Chabad), funeral home. East: Single family residential (Aventura Lakes). West: Colombia Aventura Hospital, self-storage facility. Land Use: Commercial. Page 3 Aventura Commons Plat 04-SUB-97 Zonina: BU-2, Business - Special. Access: Biscayne Boulevard, NE 30th Avenue, NE 213lh Avenue. RESOLUTION NO. Z-189-95 WHEREAS, INTERNATIONAL REALTY AND FINANCIAL SERVICES CORP., ET AL. had applied for the following: (1) A DISTRICT BOUNDARY CHANGE from RU-4A (Apartments 50 unitslnet acre, Hotel/Motel 75 units/net acre) to RU-4 (Apartments 50 units/net acre). OR IN THE ALTERNATIVE TO REQUEST #1: (2) A DISTRICT BOUNDARY CHANGE from RU-2 (Two Family Residential) & GU (Interim) to RU-4 (Apartments 50 unitslnet acre). REQUESTS #1 OR #2 ON EXHIBIT "A". The purpose of these requests is to correct an inadvertent typographical error in the May 16, 1995 published advertisement for Public Hearing No, 94-444 lUld in the subsequent approval of that application through Dade County Resolution Z-86-95, and to clarifY the proper zoning for the subject property. The May 16, 1995 published advertisement for Public Hearing No. 94-444 advertised a request to rezone the subject property to RU-4A instead of the RU-4 requested by the applicant; the County Commission approved the advertised RU-4A request and issued Resolution No. Z-86-95. (The RU-4A zoning district permits hotels and convalescent homes and other uses in addition to the apartment houses permitted in the RU-4 zoning district.) The approval of requests set forth above will coxrect the prior error and establish the proper zoning district, and will be subject to the previously approved site plan and Declaration of Restrictions. Upon approval of these requests, the applicant requests the following: (3) A DISTRICT BOUNDARY CHANGE from BU-2 (Business-Special) & RU-4 (Apartments 50 units/net acre) to BU-2 (Business-Special). REQUEST #3 ON EXHIBIT "B". (4) A DISTRICf BOUNDARY CHANGE from BU-2 (Business-Special) to RU-3 (Four Unit Apartment). The purpose of Requests #3 & #4 is to allow the applicant to build a shopping center on 25 acres and a residential development with 1,174 dwelling units. REQUEST #4 ON EXJiWIT "e". (5) MODIFICA nON of Conditions #2 & 11 of Resolution Z-86-95, passed and adopted by the Board of County Commissioners on the 8th day of June, 1995, reading as follows: FROM: "2. That in the approval of the plan, the same be substantially in accordance with that submitted for the hearing entitled 'Donn Acres' prepared by C.D.L. Consultants, Inc., 34-51-42/95-342 Page No.1 Z-189-95 ,"4" ( ( dated stamped received 5/3/95 and consisting of three sheets, except as herein modified to limit the number of dwelling units to 1,777." TO: "2. That in the approval of the plan, the same be substantially in accordance with that submitted for the hearing entitled 'Site Plan.' as oreoared bv C.C,L. Consultants. Inc.. dated stamoed received 9/27/95. Also olans entitled 'Aventura Commons.' as oreoared bv Alfonso Architects. dated revised 1012195. except as herein modified to limit the number of dwelling units to 1,174," FROM: "II. That the number of dwelling units to be built shall be limited to 1,777." ~ TO: "ll. That the number ofdwe1ling units to be built shiill be limited to 1.174." The purpose of this request is to allow the applicant to submit new plans for the commercial parcel and to show a reduction in the number of dwelling units, (6) DELETION of Condition #7 of Resolution Z-86-95, passed and adopted by the Board of County Commissioners on the 8th day of June, 1995, reading as follows: "7. Direct access from U.S. I and from the main entrance drive shall not be permitted to those out parcels fronting on U.S. 1." (7) DELETION of Declaration of Restrictions reconled in Official Reconl 16832, Pages 3573 through 3595 on the 29th day ofIune, 1995. The purpose of these requests is to allow the applicant to proffer a new Declaration of Restrictions and to pennit an entrance drive to an out parcel from U.S. 1. REQUESTS #5, #6 & #7 ON EXHlliIT "D". (8) SPECIAL EXCEPTION to permit site plan. approval for 1he expansion of a commercial development (shopping center) onto additional property to 1he east. (9) NON-USE VARIANCE OF ZONING REGULATIONS requiring a 5' high decorative masomy wall to be erected on 1he business lot along the common property line separating BU & RU zones; to waive same to permit no wall along a portion of the Southwest comer of1he property. - REQUESTS tIS & #9 ON EXBIBIT "B". EXHIBIT "A": A portion of TIlICts A, B, & C, DONN ACRES, Plat book 76, Page 30, being more particularly described as follows: Commence at the Northeast comer of Section 34, Township 51 South, Range 42 East; 1hence run SI059'3"E, along the EIly line of said Section 34, for 659.14'; thence run S8800'57''W for 1,083.7'; thence run SI033'57"E for 50' to the Point of beginning;; thence continue SI033'57"E for 659.12'; 1hence run S43013'2''W for 397.8'; thence run S88012'28"W for 1,032.24'; thence run N22043'18"E for 574.92' to a Point of curvature; thence run NElly, along a circular curve to the left having for its elements a central angle of 5027'59" and a radius of 4,752.05' for an arc distance of 453.38'; thence run N88026'3"E for 909.48' to the Point of beginning. 34-51-42/95-342 Page No.2 Z-189-95 EXHIBIT "B": A portion of Tracts A, B, & C, DONN ACRES, Plat book 76, Page 30, being more particularly described as follows: Commence at the Northeast comer of Section 34, Township 51 South, Range 42 East; thence run Sl059'3"E, along the My line of said Section 34, for 659.14'; thence run S8800'57"W for 40'; thence run SI059'3"E for SO'; thence run S88026'3"W for 1,953.55' to the Point of beginning; said Point of beginning bearing S72044'41"E from the center of the next described curve; thence run SWfly, along a circular curve to the right having for its elements a central angle of 5027'59" and a radius of 4,752.05', for an arc distance of 453.38' to a Point of tangency; thence run S22043'18''W for 574.92'; thence run S88012'28''W for 900.39'; thence run N2037'40''W for 53.7'; thence run N22043'18"E for. 899.97' to a Point of curvature; thence run NElly, along a circular curve to the left having for its elements a central angle of 0057'39" and a radius of 3,909.83', for an arc distance of 65.57' to a Point of reverse curvature; thence run NElly, along a circular curve to the right having for its elements a central angle of 66040'24" and a nuiius of 25', for an arc distance of 29.09' to a Point of tangency; thence run N88026'3"E for 884.75' to the Point of beginning AND: Commence at the Northeast comer of said Section 34, Township 51 South, Range 42 East; thence run Sl059'3"E, along the My line of said Section 34, for 709.14'; thence run S8800'57''W for 40'; thence run S88026'3''W for 1,729.66' to the Point of beginning, said Point of beginning bearing S73032'll "E from the center of the next mentioned circular curve; thence run SW fly, along a circular curve to the right having for its elements a central angle of 6015'29" and a nuiius of 4,964.09', for an arc distance of 542.2' to a Point of tangency; thence run S22043'18''W for 481.87'; thence run S88012'28''W for 233.05'; thence run N22043'18"E for 574.92' to a Point of curvature; thence run NElly, along a circular curve to the left having for its elements a central angle of 5027'59" and a nuiius of 4,752.05', for an arc distance of 453.38'; thence run N88"26'3"E for 223.89' to the Point of beginning. EXHIBIT "C": Commence at the Northeast comer of Section 34, Township 51 South, Range 42 East; thence run Sl059'3"E, along the My line of said Section 34, for 659.14'; thence run S8800'57''W for 40'; thence run SI059'3"E for SO'; thence run S88026'3''W for 1,953.55' to a point; said point bearing S72044'41 "E from the center of the next described curve; thence run SWfly, along a circular curve to the right having for its elements a ceutIaI angle of 5"27'59" and a nuiius of 4,752.05', for an arc distance of 453.38' to a Point of tangency; thence run S22043'18''W for 574.92'; thence run S88012'28"W for 265.99' to the Point of beginning; thence continue S88012'28''W for 634.7'; thence run N2"37'40"W for 25'; thence run N88012'28"E for 634,57'; thence run S2055'32"E for 25' to the Point of beginning. EXHIBIT "0": Tracts "A", "B" & "C", DONN ACRES, Plat book 76, Page 30, less and excepting therefrom that portion lying north of a line that is parallel to and 659.41' south of, as measured at right angles to the north boundary of said DONN ACRES. The aforementioned plans are on file and may be examined in the Zoning Department. Plans may be modified at public hearing. LOCATION: The east side of Biscayne Boulevard, between N.E. 207 Street and N.E. 213 Street, Dade County, Florida, and 34-51-42/95-342 Page No.3 Z-189-95 ( WHEREAS, a public hearing of the Board of County Commissioners was advertised and held, as required by the Zoning Procedure Ordinance, at which time the applicant proffered a Declaration of Restrictions, which among other things, provided for the commercial property to be developed substantially in accordance with the plan submitted for the hearing prepared by Alfonso Architects, entitled" Aventura Commons-Site PI~", consisting of one (1) page, and last dated stamped received October 2, 1995 and the residential land to be developed substantially in accordance with that plan prepared by CCL Consultants, Inc. entitled "Site Plan", consisting of one (1) page and last dated stamped received September 27, 1995, provided for a 50 foot wide landscaped buffer to separate the commercial and residential components of this project: limited retail or commercial structure construction on commercially zoned land to 267,000 square feet, limited the construction of residential dwelling units on residentially zoned land to 1,174 units, and provided for conservation areas to be preserved, and WHEREAS, upon due and proper consideration having been given to the matter and to the recommendation of the Developmental Impact Committee, this Board finds the following: (a) The applicant in Public Hearing No. 94-444, Application of Rolf Holtschneider and Ingeborg Ramisch, applied for a district boundary change to RU-4 for the Exhibit "A" property (along with other requests); (b) The Developmental Impact Committee Lower Council reviewed such request for a district boundary change to RU-4, and the Development Impact Committee Executive Council unanimously recommended that this Board approve such request; (c) At the June 8, 1995 hearing on Public Hearing No. 94-444, representatives of the applicant made a presentation based upon a request for district boundary change to RU-4 for the Exhibit "A" property; 34-51-42/95-342 Page No.4 Z-189-95 ( (d) In approving application Public Hearing No. 94-444 on June 8, 1995, it was the intent of this Board to rezone the Exhibit "A" property to RU-4; (e) The advertisement in tli.e May 16, 1995 Miami Review for the June 8, 1995 hearing on application Public Hearing No. 94-444 contained a typographical error that mistakenly indicated that the application had requested a district boundary change to "RU-4A" instead ofRU-4 for the Exhibit "A" property; (f) As a result of this typographical error, Resolution Z-86-95, approving application Public Hearing No. 94-444, rezoned the Exhibit "A" property to RU-4A, instead of RU-4 as the applicant had requested and as staff had reviewed; and (g) Based on the foregoing, it is clear that this Board inadvertently approved a district boundary change to "RU-4A" for the Exhibit "A" property when it approved application Public Hearing No. 94-444 on June 8, 1995, since it was the intent of this Board to approve a district boundary change to RU-4 for the Exhibit "A" property. WHEREAS, it is the opinion of this Board that, based on its rmdings, the requested district boundary changes to RU-4 (Items #1 and #2), BU-2 (Item #3) and RU-3 (Item #4) would , be compatible with the neighborhood and area concerned and would not be in conflict with thJ, principles and intent of the plan for the development of Dade County, Florida, and should be approved, that the requested modification (Item #5), deletions (Items #6 and #7), special exception (Item #8) and non-use variance (Item #9) would be compatible with the area and its development and would be in harmony with the general purpose and intent of the regulations and would conform with the requirements and intent of the Zoning Procedure Ordinance, and that the proffered Declaration of Restrictions should be accepted, and WHEREAS, this Board has been advised that the subject application has been reviewed for compliance with concurrency requirements for levels of services and, at this stage of the request, the same was found to comply with the requirements, and 34-51-42/95-342 Page No.5 Z-189-95 i \ WHEREAS, the following motion was offered by Commissioner Gwen Margolis, seconded by Commissioner Arthur Teele, and upon a poll of the members present the vote was as follows: James Burke Miguel Diaz de la Portilla Betty T. Ferguson Maurice Ferre Bruce Kaplan Gwen Margolis absent aye absent absent absent aye Natacha S. Millan Dennis Moss Alex Penelas Pedro Reboredo Katy Sorenson Javier Souto aye aye aye absent aye aye Chairman Arthur Teele aye NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners, Dade County, Florida, that the requested district boundary changes to RU-4 (Items #1 and #2) and RU-3 (Item #4) be and the same are hereby approved and said properties are hereby zoned accordingly, and BE IT FURTIIER RESOLVED that the requested district boundary change to BU-2 (Item #3) be and the same is hereby approved and said property is hereby zoned accordingly, subject to conditions pursuant to Section 33-3l4(c) of the Code of Metropolitan Dade County, as follows: 1. That a plot use plan be submitted to and meet with the approval of the Zoning Director; said plan to include among other things but not be limited thereto, location of building or buildings, type and location of signs, light standards, parking areas, exits and entrances, drainage, walls, landscaping, etc. 2. That the use be established and maintained in accordance with the approved plan. BE IT FURTIIER RESOLVED that the requested modification (Item #5), deletions (Items #6 and #7), special exception (Item #8) and non-use variance (Item #9) be and the same are hereby approved, subject to the following conditions: 34-51-42/95-342 Page No.6 Z-189-95 , ( That a 50' minimum landscape buffer be provided along the easterly common property line between the commercial and residential parcels. 2. That a landscape plan be revie'Yed and approved by the Planning Department and that the easterly landscape buffer be extensively planted with trees, shrubs and vines to reduce graffiti. BE IT FURTHER RESOLVED that all conditions of previous resolutions shall remain in full force and effect, except as herein modified. BE IT FURTHER RESOLVED that, pursuant to Section 33-6 of the Code of Metropolitan Dade County, Florida, the County hereby accepts the proffered covenant and does exercise its option to enforce the proffered restrictions wherein the same are more restrictive than ap.plicable zoning regulations, BE IT FURTHER RESOLVED, notice is hereby given to the applicant that the request herein constitutes an initial development order and does not constitute a fInal development order and that one, or more, concurrency determinations will subsequently be required before development will be permitted. The Zoning Director is hereby directed to make the necessary changes and notations upon the maps and records of the Dade County Building and Zoning Department and to issue all permits in accordance with the terms and condition of this resolution. PASSED AND ADOPTED this 19th day of December, 1995. No. 95-11-CC-1 bn .- ~ DADE COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS KAY SULLIVAN by Harvey Ruvin, Clerk Deputy Clerk THIS RESOLUTION WAS TRANSMITfED TO THE CLERK OF THE BOARD OF COUNTY COMMISSIONERS ON THE 20TH DAY OF DECEMBER, 1995. 34-51-42/95-342 Page No.7 Z-189-95 [' ( STATE OF FLORIDA COUNTY OF DADE 1, Harvey Rnvin, Clerk of the Circuit Court in and for Dade County, and Ex-Officio Clerk of the board of County Commissioners of said County, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of Resolution No. Z-189-95, adopted by the said Board of County Commissioners at its meeting held on the 19th day of December, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and official seal on this 20th day of December, 1995. kAYSULLIVAN Harvey Rnvin, Clerk Board of County Commissioners Dade County, Florida SEAL BY~ru) Deputy Clerk \. - .' _0'. " Rn: /7/47rr0898 m:17042rr0933 -- ~1' 91 ~ 42 . This instrument was r repared by: 95R53 1195 1995 DEe 27 15:4, Jeffrey Bercow, Esq, Stroock & Stroock & Lavan Suite 3300 200 South Biscayne Boulevard Miami, Florida 33131 96R 133593 1996 liAR 29 10:, *This document is being re-recorded to reflect an attachment that was inadvertently omitted previously. (Space reserved for Clerk) AMENDED DECLAltATION OF RESTRICTIONS KNOW ALL BY TH/J;SE PRESENTS that the undersigned, Owners of the following described property (the "Property'~, lying, being and situated in Dade County, Florida, to wit: See attached Exhibit A for legal description of property referred to in this Declaration as the "Commercial Land", and see attached Exhibit B for legal description of property referred to in this Declaration as the "Residential Land"; both properties shall collectively constitute the "Property". IN ORDER TO ASS/mE the Cou.n.ty Commission of Dade County, Florida, that the representations madc to them by the Owners during consideration of Public Hearing No. 95-342 will be abided by, the Owners freely,. voluntarily and without duress make the following Amended Declaration of Restrictions covering and running with the Property, which Declaration of Restrictions shall supersede and replace that certain Declaration of Restrictions dated June 6, 1995 and recorded .in Official Records Book 16832, pages 3573-3583, of the Public Records of Dade County, Flor;da: (1) The Commercial Land shall be developed substantially in accordance with the plans previously submitted, prepared by Alfonso Architects, entitled "Aventura Commons - Site Plan", consisting of one (1) page, and last dated revised October 2, 1995 (the "Commercial Site Plan'~, such plan being on file in the Dade County Building and Zoning Depaltment. and by reference made a part of this agreement. The Residential Land shall be developed substantially in accordance with that certain plan prepared by CCL Consultants, Inc. entitled "Site Plan", consisting of one (1) page and last dated stamped received September 27, 1995 (the "Residential Site Plan'~. said plan being on file with the Pade County Building and Zoning Department, and by reference made a part of this agreement. 5)4 81-; m:17042rr(}934 en: 17 I 47frOS99 (2) That Parcel G, the "Conservation Area" as designated on the Residential Site Plan, and consisting of approximately 33.79 acres, shall not be filled, altered or dcveloped without the approval of the Dade County Department of Environmental Resources Management (DERM). A legal description of Parcel G is auached hereto as Exhibit C. Selective pruning of mangroves around the perimeter of the lake that were not included as part of the original mitigation plan may occur only if prior authorization from Dade County DERM is obtained. Parcel G shall be maintained and preserved in perpetuity by the owner or owners of the Residential Property, as a conservation area pursuant to the tenns of that certain Coastal or Wetland Construction Pennit No. CC-301, issued by Metropolitan Dade County, Department of Environmental Resources Management and dated August 20, 1984. The owner or owners of the Residential Land may assign the obligation and responsil?ility to maintain and preserve Parcel G as a conservation area to properly constituted homeowner's associations or condominium associations. (3) Construction of retail or commercial structures on the Commercial Land shall not exceed a total of Two Hundred Sixty-Seven Thousand (267,000) square feet. Construction of residential dwelling units on the Residential Land shall not exceed a total of One Thousand One Hundred Seventy Four (1,174) dwelling units. (4) Prior to application for a building permit for residential dwelling units on any portion of the Residential Land, the owner of such portion of the Residential Land shall submit a site plan of the proposed development of such portion of the Residential Land for administrative site plan review to the Building and Zoning Department and the Planning Department in accordance with ~~ 33-208.1 and 33-208.2 of the Code of Metropolitan Dade County, Florida. Such site plan or site plans shall satisfy the criteria set forth in ~ 33-208.2 of the Code of Metropolitan Dade County, Florida. Without limiting the foregoing, each such site plan shall (a) designate the location of solid waste and recycling containers on the property which is the subject of the respective site plan, and (b) be subject to approval by the Fire Rescue Departtl1ent at time of administrative site pian review. The provisions of this paragraph may be satisfied by a site plan approved at public hearing. (V.JJJ (5) Prior to the first application for a building permit for construction of retail or commercial structures on the Commercial Land, the owner or owners of the Commercial Land shall proffer a recordable instrument, encumbering the Commercial and, pursuant to section '33-257 of thc Code of Metropolitan Dade County, Florida. Such instrument shall either be a unity of title or a declaration of restrictive covenants in lieu of unity of title, and shall be approved for legal form and sufficiency by the Legal Counsel to the Dade County Building and Zoning Department. (6) TIle Contamination Assessment Report and Remedial Action Plan (CAR/RAP) approval for the Property granted by DERM on July 21, 1995, and which is attached hereto as Auachment 1, shall be implemented in accordance with the time frames specified therein. -2- m:17042rrQ935 m: /7/4 Trr0900 (7) A three year quarterly monitoring program for ammonia nitrogen shall be implemented in accordance with the approved CAR/RAP as referenced hereinabove. The owners of the Property or portion thereof shall each have joint and several responsibility for the preparation and submittal of a single comprehensive monitoring report for each quarter pursuant to the CAR/RAP. (8) All wells required for the monitoring program referenced hereinabove shall be properly maintained and made accessible for sampling by DERM and representatives of the Property owner. In the event that future construction requires that the wells used in the monitoring program be relocated, all new well locations shall be approved prior to relocation. (9) The aeration trenches approved in the CAR/RAP shall be properly maintained with adequate open excavation protection for a period of three (3) months after their construction. (10) In the event that the ammonia nitrogen levels in the lake located in Parcel G increase to a level which could pose a threat to aquatic organisms, the contingency plan requiring lake aeration as approved in the DERM July 21, 1995 letter shall be implemented. The owners of the Property or portion thereof shall have joint and several responsibility for implementation of the contingency plan referenced herein. (11) The groundwater at the Property shall not be utilized as a potable or agricultural water source. Because the site was formerly impacted by solid waste, all stormwater disposal plans related to the development of the Property shall provide for discharge below the, vadose zone (0-6 feet below the land surface) via gravity or injection wells. All drainage plans shall be submitted to DERM for review and approval by appropriate sections including Water Control and Hazardous Waste. (12) If and when solid waste is encountered during excavation of any parcel at the Property: a. DERM shall be notified promptly by telephone; b. The solid waste shall be removed and disposed of properly (usually to a Class I. lined landfill); and c. If backfilling is necessary, clean fill must always be used. (13) The Property (except for Parcel G) will be filled to Dade County Flood Criteria with clean fill and will be served by the public water supply. (14) The planned number of units of each residential parcel depicted on the Residential Site Plan are as follows: -3- m:17042rr0936 en: 17147r~090 I PARCEL ACREAGE A 13.0 acres B 9.82 acres C 11.5 acres D 7.63 acres E 11.23 acres F 8.17 acres PLANNED NUMBER OF UNITS 130 d.u. 90 d.u. 90 d.u. 277 d.u. 348 d.u. 239 d.u. The above-described "planned number of units" may change at the time of the administrative site plan approval process described in paragraph (4), above, provided that (a) the planned number of dwelling units for each residential parcel may not increase by more than fifty percent (50%), (b) parcels A through F as depicted on the Residential Site Plan may not be developed at less than four (4) dwelling units per acre, and (c) the aggregate total number of dwelling units constructed on the Residential Land shall not exceed 1,174 dwelling units. Prior to any sale or transfer of any individual residential parcel or parcels (other than a total sale of the Residential Land) the Director of Building and Zoning shall receive and approve, in recordable form, a designation by . the owner and proposed buyer or transferee of the maximum number of units to be allocated to the subject parcel or parcels. Failure to provide such notice prior to transfer shall not in any way affect the effectiveness of any deed of conv~yance, but the property' conveyed shall nonetheless be subject to the density restrictions prescribed by this paragraph. Further, until such notice is provided to the County and prior to the Director's approval of such designation, no building permits may be issued for a parcel until the Director's approval has been obtained for such parcel. (15) Resolution Z-86-95 approved a special exception of height requirements to permit proposed structures, with a maximum height of one hundred eighty feet (180.) on Parcels D, E and F as shown on the Residential Site Plan. Notwithstanding the foregoing, Owner agrees that any building or structures constructed on Parcels D, E or F, and exceeding 100 feet in height shall be designed and situated such that the shadow created by the sun at 12:00 noon on December 21 (a sun angle of forty-one (41) degrees) will not fall on any adjacent property except for public road rights-of-way. Shadow studies shall be provided to the Building and Zoning and Planning Departments. Any request to vary the aforedescribed "shadow" requirements will require issuance of a non-use variance and modification of this Declaration at public hearing. -4- m:1704.2ff0937 U[[: 11147r:0902 (16) Prior to the approval of final plat, the Owner shall make provision for future transit amenities such as pedestrian/wheelchair ramps, bus pull-out bays, and when appropriate, some encroachment on the Property to accommodate concrete pad(s) for bus sheher(s) as recommended by the Metropolitan Dade County Transit Agency ('MOTA"). The obligation to provide or dedicate right-of-way for such transit amenities shall be reflected as part of the approval of the pla\(s). The obligation to provide for transit amenities or dedicate right-of-way as reflected in the approval of the plat(s) shall constitute the sole obligation of the then owners of the Property pursuant to this paragraph. Once the transit amenities and/or right-of-way as reflected on the approved plat(s) are provided and/or dedicated, the Owner's obligations under this paragraph shall be deemed fulfilled and no further provision of transit amenities or dedication of right-of-way for transit ameni ties will be an <?f>ligation hereunder. (17) The Owners of the Residential Land and the Commercial Land jointly covenant to provide a fifty (SO) foot wide landscaped buffer in order to mitigate any visual or other impacts generated by each land use. Although the totallanciscape buffer shall be fifty ~ (50) feet in width, the Owners agree that the portion of such buffer area to be located on their respective properties may vary in its extent from the common property line, as long as the overall width of the buffer (as measured on a right angle from the property line) is a minimum of fifty (50) feel. The portion of such landscape buffer to be located on the I Residential Land may be penetrated by tennis courts or other recreational amenities (no to exceed 25% of the length of the landscape buffer), and shall be subject to the review \ and approval of the Building and Zoning Depaltment and the Planning Department. ) ,...p.JY ----- (18) The Commercial Land Owner shall landscape and maintain that area between the Commercial Land north property line (after dedication of N.E. 213 Street right-of-way) and the N.E. 213 Street alignment, adjacent to Biscayne Boulevard. The landscape plan for such area shall be subject to the review and approval of the Planning Department. County Use Only Legal Verified :;. 'tf,,,{- a 'p i t.ft.e b u ~ ky \tIJ5 . /ohdSC4f2/l pi/in Iu. r-e ",(IJLI1p~ f/-. a'plu"bt"C/ tI. ,~, n.~ of..l.t'),lI-f ~t.e edJ~''I I~h JC4.~ P/AM'IIllj ~. . I 1./ I.. f,r"/ ~ (!. ~I-#"vtJiV~/'1 P .AJI1I-ed W rV4!.s~ snrfllOJ 'fJ- +0 ~d&J~ ::;Yt:l.~/~ -5- W~~:17042r'Og38 ~{L I ( 14mO~Uj Countv lnsocction. As further part of this Declaration, it is hereby understood and agreed that any official inspector of the Dade County Building and Zoning Department, or its agent duly authorized, may have the privilege at any time during normal working hours of entering and inspecting the use of the premises to determine whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are being complied with. Covenant Running with the Land. This Declaration on the part of the Owners shall constitute a covenant running with the land and may be recorded in the public records of Dade County, Florida and shall remain in full force and effect and be binding upon the undersigned Owners, and their heirs, successors and assigns until such time as the same is modified or released.' These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the real property and for the public welfarc. Term. This Declaration is to run with the land and shall be binding on all parties and all persons claiming under it for a period of thirty (30) years from the date this Declaration is recorded after which time it shall be extended automatically for successive periods of ten (10) years each, unless an instrument signed by the, then, owner(s) of the Property has been recorded agreeing to change the covenant in whole, or in part, provided that the Declaration has first been modified or released by Dade County. Modification. Amendment., Release. This Declaration of Restrictions may be modified, amended or released as to the land herein described, or any portion thereof, by a written instrument executed by the, then, owner(s) of the Property or portion of the Property affected by the proposed modification, amendment or release, provided that the same is also approved by the Board of County Commissioners or the Zoning Appeals Board of Metropolitan Dade County, Florida, whichever by law has jurisdiction over such matters, after public hearing. Should this Declaration of Restrictions be so modified, amended or released, the Director of the Dade County Building and Zoning Department, or the executive officer of the successor of Stich Department, or in the absence of such director or executive officer by his assistant in charge of the office 'in his absence, shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants. The prevailing party in any action or suit pertaining to or arising out of this declaration shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the services of his attorney. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. Authoriy.ation for Building and Zoning Department to Withhold Permits and Insoections. (a) In the event payments or improvements are not made by the owner(s) of the -6- U~ ~ 'l',-uq~frUW~ P.EC. REC, I I l't/I!U::1Uq. " Residential Land in accordance with the terms of this Declaration, in addition to any other remedies available, the Dade County Building and Zoning Department is hereby authorized to withhold any further pennits for the Residential Land, and refuse to make any inspections or grant any approvals for the Residential Land, until such time as this declaration is complied with. (b) In the event payments or improvements are not made by the owner(s) of the Commercial Land in accordance with the tenns of this Declaration, in addition to any other remedies available, the Dade County Building and Zoning Department is hereby authorized to withhold any further pennits for the Commercial Land, and refuse to make any inspections or grant any approvals for the Commercial Land, until such time as this declaration is complUed with. Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of anyone or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. PresumPtion of Compliance. Where construction has occurred on the Property or any portion thereof, pursuant to a lawful pennit issued by the County, and inspections made and approval of occupancy given by the County, then such construction, inspection and approval shall create a rebuttable presumption that the buildings or structures thus constructed comply with the intent and spirit of this Declaration. Severability. Invalidation of anyone of these covenants, by judgment of Court, in no way shall affect any of the other provisions which shall remain in full force and effect. Recordinl!. This Declaration shall be filed of record in the public records of Dade County, Florida at the cost to the Owner following the adoption by the Dade County Board of County Commissioners or Zoning Appeals Board of a resolution approving the Application. -7- m:17042rr094U in: r 714 nr0905 ACKNOWLEDGMENT CORPORATE Signed, witnessed, executed and acknowledged on this lor day of I\I'L1v.E/??ee~ , 1995. Witnesses: tJ.1ALt~tJ Signature ~~J;~ INT RNATIONAL REALTY & FINANCIAL SERVICES CORP. tJ ( N 11 (! - TJ+n'l €1<-- Print Name Address: ioc:!:~~ p~/t~~~~ , tS'"Pu) /)"'/JY " S"gnat re \ 17/91"A'/..E t:>=..JAl/,s Print Name STATE OF Fe. COUNTY OF 1'8.<.-/h .ecH. The foregoing instrument was acknowledged before me this 16'7 day of A!OV , 1995 by .z.s.;9.ee(...t..../~ -::x.OTr of International Realty and Financial Servi~-Corp:;'8 - ....---....... po,- corporation, on behalf of the corporation. He/she is ~~all~ me or has produced a as identification. :::!;C /J / , "" 0 P' tame: 1/ Ti e- Commission No. ~ ,\\\\\\\"IUIII",1. ~" ~/4:: <M ......... ~~ 1$S1O.t~...~ ~ ~.. 7""1il!;. ~ ,:::; .'~ _4~"" . fl. ~:. 'C:, ~ :~ T ~ 'Uo'~ 'e 5*: ..... :*= _ . . z:: S~~ #CC27S137 :gE \1p}..~~.~~1 ~~Ao~::.....",~ .....~~ ~/II.QI.iC srl"'< ~,..., 111/1/11111\1\\1\' My Commission Expil-es: '$1-07-9] -8- REC..!. , VL~' '''''''"]I''&'' ACKNOWLEDGMENT CORPORATE in: 1714 7rf0906 Signed, wlUtcssed, executed And acknowledged on this , () day or 1:>u , 1995. Witnosscs: A VENTURA COMMONS ASSOCIATES , LTD., II Florida limited partnership .... ~~ 19nature By: Aventura Com ons, Inc., a .~/ t.~ ". Fl .. ,"'i' H"'''f~' a co ratJonj Its' .>"~:! . '\/~~" :f'I! ," . "" G ' I;.. .c "'~<~'''''.'_' '-. a net' "_';;:i.f:-t::-V..;.. ~r~_..-~.'''-:' - 'i ~''''''''~' ~ fill "~+J!.:', "'-:, . '" . ~ . ~~1'"~' .. .- '. ~ ." " ~ ..A:~_~'. .J'~ 4j\;.~~~\ . rk '..:'.'$:) '1: lLJ . c: :.; = P . Wltz .::'./:! :lii~7~~;t~! '-;f~ resl nt. :.: ", ". J:!f>7.,,-<f.._'~::"-'" ;::, ,., ..~- '.- - ...."':.. ,.. ..... . '. .,,,.....'; ~.,...i:.? ~ '.". ..... ~'. . :?~~~:;:~.- ~~.5~~~-~.-:t...>./" ",,,~ ' , . ....1-'-~. -'4;1.t:..V,.~~_ \\" -,."";; -. . --~ ~.. . \,\\ Add . '. ,''';:':'~:'~ .~. .t\! ress. - ..Z_...:.:....."..pJ::,:: 7j~ ~ 5/ (0 ;l;a~t-l kL:j--;' ZlfCdtr fuclII~j e(t~..;{ 1/ ?~/~2; O/fi7C.I~/t ~ ~A~4.;.s Pri~./ ;:) --- ~gna ure r&.NOII'I ".,. BROVffi Print Nllmc STATE OF r::/o... COUNTY OF y...J.x.. "v-t....:::t-~~ Q.e ~~..J ~C:.) 7~ /c~ c/ TIle foregoing ir;lSI~~mC I wls 1I0kn0t4d before me this I g day of ~ 1995 by -:( Jfl..~ /~ 1!J.:!:!!:.,_f(A/.A oCAvenlurs Commons As Illes, LId., II florida limilcd pa'rlders p, on behlllf 0 the cotporatlos. He/she is . rson~ . own to me or has produced a _, lIS Identification. I f'~ ~d~~r --' Title: Commission No. (if IIny) My Commission Expires: ARNOLD A. BROYm MY COMlIISSfON , co 22B393 EXPIReS: _~. 1m _11llIl No1lrY_lbIlM!tln 900 'd oor8-6S8-S0r:13~ dno~~ 'A30 zwwma 90: 91 (03M) S6 ,~(- '~30 m:17042rr0942 ACKNOWLEDGMENT CORPORATE Rn: /714 lrr0907 Signed, witnessed, executed and acknowledged on this 25th day of October , 1995. ;;.....' / ')}):$ . . '~':~1>".~ . /'f~.\ ", TRAFALGAR ASSOCIATES OF AVENlURA, LTD., j , "'..;:.,. Florida limited partnership , . . ",_;;.,~'" ,J)._. ' By: Trafalgar Associates of Aventll~~ ,~~~:;'t". a Flolrda carporation,/ts ':.;Q,~ra~~~~~.;.,."., ~ ~.. '1<s:P ': :ifi' "...".,.-;,c..., '. -r=2, . ...;;..~;~:,o" ~ TRAFA AR MS.OC T OF 'X.:.;::.~~.:".,~.~r.~;,~, _ :}; A VENTURA. LTD. By: Gus Hei'n~nd.~:_:~\>'Jt~f_~~" . ' Vi ce P~.i$li ...:ll:,:'f!rf..",;:.'~':~.' ,.,),".. . ..,..., ..."l....,' .,,,- Address: . '. ".\.,S i"" ,':i,:! ,;.~. . . ".-~.~;,;-;Jj;;lif~ 275 Fontainebleau Boulevard. Suite 200 " ':,';;'14:1" Hi ami. Florida 33172-4574 '.. '.fl'!' Witnesses: .://~dJ. Signature Ramon R. Caci cedo Print Name -= - /' ~-: ~:;:- Signature Ramon R. Cacicedo, Jr. Print Name STATE OF FLORIDA COUNTY OF DADE The foregoing instrument was acknowledged before me this 25th day of October 1995 by * of Trafalgar Associates of Aventura, Ltd., a Florida limited partnership ~1'Et!itlfl\-en-beftau:.ef..lh&-<JGF!36Fa!ion. He/she is personally known to me or has produced a HIA as identification. * Gus Hernandez as Vice President of Trafalgar Associates of Aventura, as General Partner and on behalf ;.--- -- . .-.:.,; ~') ( ~--- Prlrii e: _.- Title: Commission No. Inc~.'a Florida corporation, ~~ (if any) My Commission Expires: -9- m:17042rf0943 Hft: 1714 Trr0908 ACKNOWLEDGMENT CORPORATE ^ ' Sign~, witnessed, executed and acknowledged on this ~day of IJf!..(!DJlnvY' ,1995. . Wilnesses: //~~tf Signature JOt", A. UV,1e II ~AuC& ~, Signature - fd.r fa-- K M/t'ClJ'} Print Name STATE OF MINNESOTA TION Ed rd J. Bierman Vice President Target Stores Address: 33 S. Sixth Streel Minneapolis, MN 55440-1392 COUNTY OF HENNEPIN The foregoing instrumenl was acknowledged before me lhis ~ay of jjeJJe-P.A-lth', 1995 by Ed Wu.vZ( J 13(eVI"It4<- , who is a JA <t. p/e> ~-r(("'1d-SfJ<y:)f Daylon Hudson Corporalion, on behalf of the corporalion. He/she is personally known 10 me.or RSS I'F9€h.~~J Ii as idsRtiCigstion. .,~~.. ~ D~' ELISABETH M. ELLIS ~ h , "!II NCTARV!'''.ClC.''''''oIESOT4 ~ " .> :>(".,.., i-!~"N"P.>. c~u.'TY ~ ..' ~.'6!", ....h l.; I":' '..r i'I <' . f':"l~-~.i',j~ ,,.., c<<"..tt'.lI",,, r:,,.:,~ It:' 3' zma ~ '...,. ~~:-~~:.i':' ~.~. . ,: "-'-.,. ,',-: ";:':~:..,..., -",.v..v'.';"~ ~ My Commission Expires: t:/-31'oO if-~~ /Vl U0r- rinl NaT"e: 15flhl~vt /11 6l(15 Tille: }v'Of'cv<-/ "Pu (IC- Commission No: (if any) m:17042rr0944 Hn: r 7/4 7rr0909 EXHmrr ^ LEGAL DESCRIPTION COMMERCIAL LAND A portion of DONN ACRES, according to the Plat thereof, as recorded in Plat Book 76, at Page 30, of the Public Records of Dade County, Florida, being more particularly described as follows: Commence at the Northeast comer of said Section 34, Township 51 South, Range 42 East; thence run South 01059'03" East, along the Easterly line of said Section 34, for 709.14 feet; thence run South 88000'57" .West. for 40.00 feet; thence run South 88026'03" West for 1729.66 feet to the Point of Beginning, said Point of Beginning bearing South 73032'11" East from the center of the next mentioned circular curve; thence run Southwesterly, along a circular curve to the right having for its elements a central angle of 6015'29" and a radius of 4964.09 feet, for an arc distance of 542.20 feet to a point of tangency; thence run South 22043'18" West for 481.87 feet; thence run South 86012.28" West for 233.05 feet; thence run North 22043'18" East for 574.92 feet to a point of curvature; thence run Northeasterly, along a circular curve to the left having for its elements a central angle of 5027'59" and a radius of 4752.05 feet, for an arc distance of 453.38 feet; thence run North 88026'03" East for 223.89 feet to the Point of Beginning; containing 217,695 square feet (5.00 acres), more or less. And A portion of DONN ACRES, according to the Plat thereof, as recorded in Plat Book 76, at Page 30, of the Public Records of Dade County, Florida, being more particularly described as follows: Commence at the Northeast corner of said Section 34" Township 51 South, Range 42 East; thence run South 1059'03" East, along the Easterly line of said Section 34, for 709.14 feet; thence run South 88000'57" West for 40.00 feet; thence run South 88026'03" West for 1953.55 feet to the Point of Beginning, said Point of Beginning bearing South 72044'41" East from the center of the next described circular curve; thence run Southwesterly, along a circular curve to the right having for its elements a central angle of 5027'59" and a radius of 4752.05 feet, for an arc distance of 453.58 feet to a point of tangency; thence run South 22043'18" West for 574.92 feet; thence run South 88012.28" West for 900.39 feet; thence run North 02037'40" West for 53.70 feet; thence run North 22043'18" East for 899.97 feet to a point of curvature; thence run Northeasterly, along a circular curve to the left having for its elements a central angle of 00057'39" and a radius of 3909.83 feet, for an arc distance of 65.57 feet to a point of reverse curvature; thence run Northeasterly, along a circular curve to the right having for its elements a central angle of 66040'24" and a radius of 25.00 feet, for an arc distance of 29.09 feet to a point of tangency; thence run North 88026'03" East for 884.75 feet to the Point of Beginning; containing 20.00 acres, more or less. Together with -10- g,t~:17042frOg45 gn: /7/47rr09/ 0 [PORTION OF PROPOSED N.E. 213th STREET RIGHT-OF-WAY ADJACENT TO 20 ACRE COMMERCIAL SITE] A portion of DONN ACRES, according to the Plat thereof, as recorded in Plat Book 76, at Page 30, of the Public Records of Dade County, Florida, being more particularly described as follows: Commence at the Northeast comer of Section 34, Township 51 South, Range 42 East; thence run South 1059'03" East, along the Easterly line of said Section 34, for 659.14 feet; thence run South 88000'57" West for 40.00 feet; thence run South 88026'03" West for 1953.18 feet to the Point of Beginning; thence run South 1 033'57" East for 50.00 feet; thence run South 88026'03" West for 884.75 feet to a point of curvature; thence run Southwesterly, along a circular curve to the left having for its elements ii central angle of 66040'24" and a radius of 25.00 feet, for an arc distance of 29.09 feet to a point of intersection with a circular curve concave to the Northwest, said point of intersection bearing South 68014'22" East from the center of said circular curve;' thence run Northwesterly, along a circular curve to the left having for its elements a central angel of 1002.06" and a radius of 3909.83 feet, for an arc distance of 70.62 feet; thence run North 88026'03" East for 880.33 feet to the Point of Beginning; containing 1.02 acres, more or less. Together with [PORTION OF PROPOSED N.E. 213th STREET RIGHT-OF-WAY ADJACENT TO ADDITIONAL COMMERCIAL 5 ACRES] A portion of DONN ACRES, according to the Plat thereof, as recorded in Plat Book 76, at Page 30, of the Public Records of Dade County, Florida, being more particularly described as follows: Commence at the Northeast comer of Section 34, Township 51 South, Range 42 East; thence run South 1059'03" East, along the Easterly line of said Section 34, for 659.14 feet; thence run South 88000'57" West for 40.00 feet; thence run South 88026'03" West for 1729.29 feet to the Point of Beginning; thence run South 1 033'57" East for 50.00 feet; thence run South 88026'03" West for 223.89 feet; thence run North 1 033'57" West for 50.00 feet; thence run North 88026.03" East for 223.89 feet to the Point of Beginning; containing 0.26 acres, more or less. LESS AND EXCEPT the following described parcel: Commence at the Northeast comer of Section 34, Township 51 South, Range 42 East; thence run South 1 059'03" East, along the Easterly line of said Section 34, for 659.14 feet; thence run South 88000'57" West for 40.00 feet; thence run South 01059'03" East for 50.00 feet; thence run South 88026'03" West for 1953.55 feet to a Point; said point bearing South 72044'41" East from the center of the next described curve; thence run Southwesterly, along a circular curve to the right having for its elements a central angle of 5027'59" and a radius of 4752.05 feet, for an arc distance of 453.38 feet to a point of tangency; thence run South 22043'18" West for 574.92 feet; thence run South 88012'28" West for 265.99 feet to the Point of Beginning; thence continue South 88012'28" West for 634.70 feet; thence run North 2037'40" West for 25.00 feet; -11- m:17042r[0946 Hc.1I tq(1 U~II thence run North 8Uo 12'28" East for 634.57 feet; thence run South 2055'32" East for 25.00 feel to the Point of Beginning; containing 0.36 acres, more or less. -12- ';t.'J.~. "" ...--. --- EXHillIT B Rf[:17/47r09/2 LEGAL DESCIUPTION RESIDENTIAL LAND A portion of Tracts A, Band C, DONN ACRES, according to the Plat thereof as recorded in Plat Book 76, at Page 30, of the Public Re'cords of Dade County, Florida, being more particularly described as follows: Commence at the Northeast comer of said Section 34, Township 51 South, Range 42 East; thence run South 01059'03" East, along the Easterly line of said Section 34, for 709.14 feet; thence run South 88000'57" West for 4O.0Q feet to the Point of Beginning; thence run South 01059'03" East for 1820.26 feet; thence n:.n sOuth 43 .04'29" West for 42.47 feet; thence run South 88008'00" West for 2494.36 feet to a point of curvature; thence run .Southwesterly and Northwesterly, along a circular curve 1.0 the right having for its elements a central angle of 88056'28" and a radius of 25.00 feet, for an arc distance of 38.81 feet to a point of tangency; thence run North 02055'32" West for 893.03 feet; thence run North 88012'28" East for 733.23 feet to a point of intersection with a circular curve concave to the Southeast; said point of intersection being North 66023'13" West from the center of said circular curve; thence run Northeasterly, along a circular curve to the right having for its elements a central angle of 07"57'51" and a radius of 1400.00 feet, for an arc distance of 194.60 feet to a point of tangency; thence run North 31034'39" East for 397.90 feet; thence run Northeasterly and Northwesterly, along a circular curve to the left having for its elements a central angle of 33008'36" and a radius of 600.00 feet, for an arc distance of 347.08 feet to a point of tangency; thence run North 01033'57" West for 112.43 feet; thence run North 88026'03" East for 1414.07 feet to the Point of Beginning; containing 87.52 acres, more or less. And A portion of Tracts A, Band C, DONN ACRES, according to the Plat thereof, as recorded in Plat Book 76, at Page 30, of the Public Records of Dade County, Florida, being more particularly described as follows: Commence at the Northeast comer of said Section 34, Township 51 South, Range 42 East; thence run South 01059'03" East, along the Easterly line of said Section 34, for 709.14 feet; thence run South 88000.57" West for 40.00 feet; thence run South 88"26'03" West for 1414.07 feet to the Point of Beginning; thence run South 01033'57" East for 112.43 feet 1.0 a point of curvature; thence run Southeasterly and Southwesterly. along a circular curve to the right having for its elements a central angle of 33008'36" and a radius of 600.00 feet, for an arc distance of 347.08 feet to a point of tangency; thence run South 31034'39" West for 397.90 feet to a point of curvature; thence run Southwesterly, along a circular curve to the left having for its elements a central angle of 07057'51" and a radius of 1400.00 feet, for an arc distance of 194.60 feet; thence run South 88012'28" West for 299.50 feet; thence run North 22043.18" East for 481.87 feet to a point of curvature; thence run Northeasterly, along a circular curve to the left having for its elements a central angle of 060 15'29" and a radius of 4964.09 feet, for an arc distance of 542.20 feet; thence run North 88026'03" East for 315.59 feet the Point of Beginning; containing 7.63 acres, more or less. -13- Together with HEU 7/4 Trf09/3 [PORTION OF PROPOSED N.E. 213th STREET RIGHT-OF-WAY ADJACENT TO THE EASTERLY 7.63 ACRES OF PARCEL Dj A portion o[ DONN ACRES, according to the Plat thereof, as recorded in Plat Book 76, at Page 30, o[ the Public Records o[ Dade County, Florida, being more particularly described as follows: Commence at the Northeast corner o[ Section 34, Township 51 South, Range 42 East; thence run South 1059'03" East, along the Easterly line o[ said Section 34, [or 659.14 feet; thence run South 88000'57" West [or 40.00 feet; thence run South 88026'03" West [or 1413.70 feet to the Point o[ Beginning; thence run South 1033'57" East for 50.00 feet; thence run South 88026'03" West [or 315.59 feet; thence run North 1033'57" West for 50.00 feet; thence run North 88026'03" East [or 315.59 feet to the Point of Beginning; containing 0.36 acres, more or less. Together with PORTION OF PROPOSED N.E. 213th STREET RIGHT-Of-WAY ADJACENT TO PARCELS E, F AND G A portion of DONN ACRES, according to the Plat thereof, as recorded in Plat Book 76, at Page 30, o[ the Public Records o[ Dade County, Florida, being more particularly described as follows: Commence at the Northeast corner of Section 34, Township 51 South, Range 42 East; thence run South 1059'03" East, along the Easterly line of said Section 34, for 659.14 feet; thence run South 88000'57" West [or 40.00 feet to the Point o[ Beginning; thence run South 1059"03" East [or 50.00 feet; thence run South 88026.03" West for 1414.07 feet; thence run North 1033'57" West for 50.00 feet; thence run North 88026'03" East for 1413.70 feet to the Point of Beginning; containing 1.62 acres, more or less. -14- REC:.l.1 V"i.~ 'UJ1..:J EXHIDITC lir!:: I r 14 rrf0914 LEGAL DESCRIPTION "PARCEL "G" A portion of DONN ACRES, according to'the Plat thereof, as recorded in Plat Book 76, at Page 30, of the Public Records of Dade County, Florida, being more particularly described as follows: Commence at the Northeast comer of said Section 34, Township 51 South, Range 42 East; thence run South 01059'03" East, along the Easterly line of said Section 34, for 709.14 feet; thence run South 88000'57" West for 40.00 feet to the Point of Beginning; thence run South 01059'03" East for 1820.26 feet; thence nin Sciuili 43004'29" West for 42.47 feet; thence run South 88.08'00" West for 745.13 feet; thence run North 1052.00" West for 94.85 feet; thence run North 1 059'03" West for 296.27 feet.to a point of curvature; thence run Northwesterly, along a circular curve to the left having for its elements a central angle of 69024'36" and a radius of 150.00 feet, for an arc distance of 181.71 feet to a point of tangency; thence run North 71 023.39" West for 228.92 feet to a point of curvature; thence run Northwesterly and Northeasterly, along a circular curve to tlie right having for its elements a central angle of 91013'39" and a radius of 150.00 feet, for an arc distance of 238.83 feet to a point of tangency; thence run North 19050'00" East for 336.95 feet to a point of curvature; thence run Northeasterly, along a circular curve to the right having for its elements a central angle of 680 18'00" and a radius of 150.00 feet, for an arc distance of 178.81 feet to a point of tangency; thence run North 88008'00" East for 282.94 feet to a point of curvature; thence run Northeasterly and Northwesterly, along a circular curve to the left having for its elements a central angle of 90.07'03" and a radius of 150.00 feet, for an arc distance of 235.93 feet to a point of tangency; thence run North 1059'03" West for 403.22 feet; thence run North 1033'57" West for 84.28 feet; thence run North 88026'03" East for 474.40 feet to the Point of Beginning; containing 1,471,830 square feet (33.79 acres), more or less. -15- JOINDER BY MORTGAGEE CORPORATION ,,(.11 ILI/lIU~I:) The undersigned City National Bank of Florida, a Florida Corporation and Mortgagee, under that certain mortgage from Trafalgar Associates of Aventura Ltd. dated the 10th day of August, 1995, and recorded in Official Records Book 16881, Page 554. of the Public Records of Dade County, Florida, in the original amount of S11 Million covering alVor a portion of the property described in the foregoing agreement, do hereby acknowledge that the terms of this agreement and are and shall be binding upon the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have been executed this -Z-/ (Y--rOdc/2 ,199,)' . day of Witnesses: CITY NATIONAL BANK OF FLORIDA Name of Corporation Si Address: 2lS"West Fla!!ler Street Miami FL 33130 By, .~~ . /~ .Y ., <V= """don,- . 1iO, Print Name (*Note: All others require attachment of original corporate resolution of authorization] Sf ATE OF ~ COUNTY OF ':l:>o-d-e The foregoing instrument was acknowledged before me by '0P---r--r-'i ~. S\-el"Ylpe I, ~Pn'",clfY)t- of Q..\~~ t-hhr,rnl,PnV'lt". d'- tJC,^/dcl CL 'Br,(lch. corporation, on behalf of the corporation. _e/she is personally known In me or ha~ produced N i A as identification. . Witness my signature and official seal this ^ 4 ~ day of 0 c.-t c bf. r , 199 5 , in the County and State aforesaid, the date and year last aforesaid. took an oath ( .fr. _ _. r ~. X did not take an oath Notary Public-State of . ~, Print Name My Commission expires: 10134207 .... ~:; ~ C~.AACANAS-UZASO r ~" ...,.CommInionCC38M14& * 51 * _.kL04,'llG& ~. llondo<Ilrl'lW to. . '\a:~:" GllCIC.1_ ..;.,..:... ~.. ....~~..,... ttt.I.,....A..-J:.-. --~- JOINDER BY MORTGAGEE CORPORATION un: 17147rf0916 The undcrHigned City Ntltionw Bank of Floridli, a (,'lorida Corpol'Dtion and Mortgagee, under that ccrlain mortgage from Aventura Commons Associates Lld. dated the 15th day of December, 1995, and recot-ded in Official Records Book * , Page * , of the Publio Reoords of Dade County, Florida, in the original amount of S '{..,l >';; I 7, n. K covering all/or II portion of the propel'l.y descdbed in the' foregoing agreement, do hereby acknowledge thal the terms of this agreement lInd are lInd shall be binding upon the undersigned and its successors in title. *Clerk's file number 95R517814 IN WIT ESS Wflf,REOF. Lhes~ presents have been execuled lhis e~......k...., 199' S- ,. . -ft... '8 -day of CITY NATIONAL BANK OF FLORIDA Name of Corporation ___10_ offICI'" --~ rlfSAlJI<<J ~,._ ,.0'- IlrtoVN'" ~vrt"JfO \-lAIl'If.'l ~\N\", ,...,.... ~ c;I Cil1:lllt & "",,'I" I)lurtI ,.:.. ignlllure O~~~' ~ a~.a:r Prinl Name STATE OF Ji c<., COUNTY OF J~~ - (President, v~'ce ident or CEO*) SGti./"O;&V'/ ' f"CJL.~ -;h.~-?J~-s. ' (*Note: All others requIre attaeliiiient of. otiginul corporute resolution of authoriy..o.tion} -r;Ne-/ Sf', Uec. PJU, befo me by~ J;;- I (l.... ~ a J8.l . behaU of he corporation. He/she is personally known to me or has produo ~ ".. , I. 'd "fi . ~\,I"lVf..1J ......tee.v-<: liS I enll IClIttOn. WiLness my sigIllltuce and official seal this. l <( day of Oe c.. . , 199 s;- lhe County llnd State aforesaid, the dnte and year laslanaid'I\;11I1A ,/) took an OSI!, ~f.-JI/~ -.;;z:- did not take an oslh N~18ry PUb~.;tatefl~"'~ ' -r-- Print Name ~~ J ~t.1 &9.,,61 . L. ~'I on tin My Commission expires: ~... NOTAAYl'IIlIJC.srAlEOFRalIlA NWOI.O D.SlEVW : ( a 'XlI~IISS~IlO:cc.aenI" , ..."' IIY~ElRlES ,-".... JIJH. 24, 1M 10134207 ~OO 'd OOt8-6S8-S0t:131 dnOH~ 'A30 ZllMOXH38 SO:91 (03M)S6 ,V1- '~30 MF.l'HOPOUTAN DADE COUNTY. FLORIDA _OOAD~) 8rrI7147rr09/7 ~ERM July 21, 1995 ENVIRONMENTAL RESOURce; MANAGEIIENT POLlUTION PREVeNTION OMSION SUITI!I(lQ 33 S.W, 2nd AVENue MIAMI. F1.ORIOA :J313Cl-1S<O (:\OS) =04817 Louis R. Campanile, .Jr., P.E. CCL Consultants. Inc. 2200 Park Central Blvd., North Suite 100 Pompano Beach, F~orida 43064 RE: Contamination Assessment Report/Remedial Action Plan (CAR/RAP), dated July 14. 1995 and supplemental information dated July 19. 1995 and July 21, 1995, submitted ~ CCL Consultants, Inc. for the Donn Acres Pr~perty located at, near, or in the vicinity of N.E. 207th Street and Biscayne Blvd., Miami, Dade County, Florida. CERTIFIED MAIL NO. P-354-098-584 RETURN RECEIPT REQUESTED Dear Mr. Campanile: The Hazardous Waste Section of Che Department of Environmental Resources Management (DEl'lM) has reviewed the referenced submittals, received July 17, 1995, July 19, 1995, and July 21, 1995 respectively, and hereby approves them with the following modifications: 1. Prior to the installation of the aeration trenches in parcels D Jand F, two (2) new temporary monitoring wells must be installed on the commercial parcel located west of Parcel D in order to determine the extent of the ammonia nitrogen (NH3) to the west. Specific locations can be deter.mined in the field with the DERM project engineer. Based on the sample results from these wells, a minimum of one (II of the temporary wells shall be replaced with a permanent monitoring well which shall be installed and used in the monitoring program outlined below. The other subject temporary well shall then be properly abandoned in accordance with Chapter 40E-3 of the Florida Administrative Code. 2. The quarterly monitoring proposed in the document is approved for the following locations: MWl MW2 MW SA, B, C the two (2) proposed wells in parcel G L-2 isurface water) L-3 (surface water) one permanent monitor:i.ng well' placed parcel >0 in the comme:t'cial 3.; The solid wa~,te debris mound in the commercial parcel, the surface debris including the ~teel tank, and the solid waste in parcel F must be remove1 and propeJ:ly disposed of as proposed in sa~d document. The disposal receipts must be provided co th~s Departroent. 4. The aeracio'l trenches as proposed in the July 19, supplemental ., nformation document is hereby appro,.,ed. 1995 Mr. Campanile, Jr. Donn Acres Property Page 2 of 2 Of[: 17147rr09 /8 5. The contingency plan (Lake Aeration) as proposed in the July 21, 1995 letter is hereby approved. 6. The monitoring wells used for the monitoring program may be relocated if future on site construction necessitates it. . The proposed monitoring well locations must be pre-approved by DERM. 7. The groundwater samples analyzed by Precision Labs on July 2, 1995 were analyzed for.ammonium (NH4.+). Be advised that future samples must be analyzed for ammon~a nitrogen (NH3) as opposed to ammonium. The DERM Hazardous Waste Project Engineer must be notified a ~n1mum of seven (7) 'working days prior to the implementation of any assessment, sampling, or remedial activities. If written notification is given, then verbal confirmation with the Proj~ct Engineer is needed. , ,Therefore, within one hundred and twenty (120) days of receipt of this ~letter, you are hereby required to submit to this Deparoment for review the first Quarterly Status Report (QSR). Subsequent QSRs are due every ninety (90) days thereafter. . If you have any questions regarding this letter, please contact Diana Cutt, P.G., or Kevin Keane, Project Engineer, of the Hazardous Waste Section at (305) 372-6804. e~elY, ~ R be ~J1E~~hnS' P.E., Chief Haza ~::~~~ste S ction POLL TION PREVENTION DIVISION KK:vx pc: David Ettman, CCL.Consultants, Inc. RECPFIDEDIN~ OFa<D<;COIJNty ~~~8001( ~ECoRoVERFleO~-~ HARvEY RUv/N ClERK CfRCIHr COURT RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA APPROVING THE AVENTURA COMMONS REPLAT, SECTION 34, TOWNSHIP 51S, RANGE 42E OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO TAKE THE NECESSARY ACTIONS PURSUANT THERETO; PROVIDING FOR RECORDATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Aventura Commons Associates, by and through Petition No. 04- SUB-97 and in accordance with the Metropolitan Dade County Land Development Code, requested final plat approval for Aventura Commons Replat, Section 34, Township 51 S, Range 42E, of the Public Records of Dade County, Florida, the final plat being incorporated herein by reference and made a part of this Resolution as Exhibit 1(1"; and WHEREAS, at a duly advertised public meeting held on October 7, 1997, the City Council heard, reviewed and duly considered the reports, findings and recommendations of the City Administration, together with testimony at the public meeting, and upon deliberation, finds that final plat approval for Aventura Commons Replat, Section 34, Township 51 S, Range 42E, is in the best interests of the citizens of the City of Aventura; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA THAT: Resolution No. 97-_ Page 2 Section 1. The final plat for Aventura Commons Replat, Section 34, Township 51 S, Range 42E, of the Public Records of Dade County, Florida, as more particularly described in Exhibit "1", is hereby approved. Section 2. The City Manager and City Clerk are hereby authorized to sign the face of the Plat. Section 3. This Resolution shall be recorded in the Public Records of Dade County, Florida with the petitioner to pay the costs thereof. Section 4. This Resolution shall become effective upon adoption. The foregoing Resolution was offered by Councilmember who moved its adoption. The motion was seconded by Council member and upon being put to a vote, the vote was as follows: Council member Arthur Berger Councilmember Jay R. Beskin Council member Ken Cohen Council member Harry Holzberg Councilmember Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED this ih day of October, 1997. ARTHURI.SNYDER,MAYOR ATTEST: TERESA M. SMITH, CMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY MINUTES CITY COUNCIL MEETING CITY OF AVENTURA, FLORIDA TUESDAY, SEPTEMBER 16,19977:00 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 at 7:00 p.m. by Mayor Arthur I. Snyder. Present were Council members Arthur Berger, Jay R. Beskin, Ken Cohen, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Jeffrey M. Perlow, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Smith, and City Attorney Richard Jay Weiss. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: North Miami Mayor Howard Premer led the pledge of allegiance. 3. APPROVAL OF MINUTES: A motion to approve the minutes of the September 2, 1997 Council Meeting and September 9, 1997 Council Meeting was offered by Council member Rogers-Libert, and seconded by Councilmember Holzberg. The motion for approval of the minutes passed unanimously. 4. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: Councilmember Beskin requested removal of item 6.8. from the Consent Agenda. Vice Mayor Perlow requested removal of item 6.A. from the Consent Agenda. 5. SPECIAL PRESENTATIONS: Mayor Snyder presented North Miami Mayor Howard Premer with a Certificate of Appreciation for his efforts in persuading Cunard Lines to locate their offices in Dade County. 6. CONSENT AGENDA: Mr. Soroka explained each item on the Consent Agenda. A motion for approval was offered by Councilmember Rogers-Libert, seconded by Councilmember Berger, and unanimously passed, thus the following action was taken: C. Resolution No. 97-59 was adopted as follows: 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 AGREEMENT BETWEEN THE CITY OF AVENTURA AND METROPOLITAN DADE COUNTY TO PROVIDE A COMMUNITY DRUG & CRIME PREVENTION PROGRAM; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. D. Resolution No. 97-60 was adopted as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA SUPPORTING AND ENDORSING THE HUMANITARIAN FOOD DRIVE TO BE SPONSORED BY SOUTH FLORIDA FOOD RECOVERY AND THE METROPOLITAN DADE COUNTY FIREFIGHTERS AND FIRE RESCUE DEPARTMENT; AND PROVIDING FOR AN EFFECTIVE DATE. The following items were removed from the Consent Agenda and addressed separately: A. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 96-28 WHICH REQUIRES ALL BUILDING CONTRACTORS CONDUCTING BUSINESS WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF AVENTURA TO REGISTER WITH THE CITY; DELETING THE REQUIREMENT FOR QUALIFIERS TO PERSONALLY APPEAR AT THE TIME OF REGISTRATION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Councilmember Rogers-Libert and seconded by Council member Berger. An amendment was offered by Vice Mayor Perlow, seconded by Councilmember Berger and unanimously passed to provide that only those qualifiers whose main office is outside of the state of Florida need not appear and those qualifiers whose main office is within the state of Florida must personally appear. After roll call vote, the motion for approval of the ordinance, as amended, passed unanimously. B. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING QUALIFICATION 2 PERIOD FOR FILING TO RUN FOR ELECTION TO OFFICE OF COUNCILMEMBER OR MAYOR; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. A motion for approval was offered by Council member Beskin and seconded by Council member Rogers-Libert. An amendment was offered by Councilmember Berger and seconded by Council member Cohen that Section 1.A. be amended to read that commencement of the qualifying period shall be no earlier than 30 days and no later than 25 days before the date of the regular election. The amendment passed unanimously. The motion for approval of the ordinance, as amended, passed unanimously by roll call vote. 7. PUBLIC HEARINGS: Mr. Weiss read the following resolution, by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA THE RATE OF THE STORMWATER UTILITY ESTABLISHING FEE FOR THE CITY OF AVENTURA STORMWATER MANAGEMENT SYSTEM; PROVIDING FOR AN EFFECTIVE DATE. Mayor Snyder opened the public hearing. There being no speakers, the public hearing was closed. A motion for approval was offered by Council member Beskin and seconded by Councilmember Rogers-Libert. The motion for approval passed unanimously and Resolution No. 97-61 was adopted. 8. PUBLIC HEARINGS - ORDINANCES - SECOND READING: A. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, (THE "CITY"), PROVIDING FOR A BUILDING MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS WITHIN THE MARINA AREA, WHICH INCLUDES ALL INDUSTRIALLY ZONED (IU-1 AND IU-2) PROPERTY, (EXCEPT FOR: THAT CERTAIN INDUSTRIALLY ZONED PROPERTY LOCATED NORTH OF NE 187TH STREET, WEST OF NE 29TH AVENUE, SOUTH OF NE 1915T STREET, AND EAST OF BISCAYNE BOULEVARD, AND THE INDUSTRIALLY ZONED PORTIONS OF TRACTS "D" AND "E" OF THE PLAT OF BISCAYNE COMMERCIAL [pB 143, P 38]), AS DEPICTED ON EXHIBIT "A", AND THE HOSPITAL AREA, WHICH INCLUDES THE AREA BOUNDED ON THE NORTH 3 BY THE NORTHERN LINE OF THE CITY LIMITS, ON THE SOUTH BY NE 203RD STREET/IVES DAIRY ROAD, ON THE WEST BY THE WESTERN LINE OF THE CITY LIMITS, AND ON THE EAST BY BISCAYNE BOULEVARD RIGHT- OF-WAY, AS DEPICTED ON EXHIBIT "B", WITHIN THE CITY OF AVENTURA; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPLACEMENT OF MORATORIA PROVISIONS OF SECTION 33-319, ET SEQ. OF THE METROPOLITAN DADE COUNTY CODE FOR THE SPECIFIC MATTERS ADDRESSED HEREIN. Mayor Snyder opened the public hearing. The following individuals addressed Council: Frank Sonagra, Esq., representing Curry Industries; John May, 2771 NE 214th Street; Reg Hopkins, 214th Street; Jack Davis, property owner on 214h Street and E. Dixie Highway; Stanley Price, Esq., 701 Brickell Avenue; Cliff Schulman, Esq., 1221 Brickell Avenue; and Jeffrey Bercow, Esq., 201 S. Biscayne Boulevard. There being no further speakers, the public hearing was closed. A motion for approval was offered by Council member Beskin and seconded by Council member Cohen. An amendment was offered by Councilmember Cohen and seconded by Council member Holzberg that properties for which applications for variances, rezoning and site plan approvals have been submitted as of September 2, 1997 would be exempt from the moratorium. The amendment passed 5-2, with Council members Beskin and Berger voting no. An amendment was offered by Councilmember Rogers-Libert and seconded by Council member Beskin that the moratorium be in effect no later than November 1, 1998. The amendment passed unanimously. An amendment was offered by Councilmember Berger and seconded by Councilmember Beskin to include the following: Whereas, despite the recitals of the history of land use in these areas, Council does not wish to restrict the City's land planners from developing a comprehensive plan. The amendment passed unanimously. An amendment was offered by Councilmember Rogers-Libert, seconded by Councilmember Berger and unanimously passed that the third Whereas clause on page 2 read as follows: WHEREAS, the Hospital Area has in the past been a prime situs for the important medical industry located within the City, and it is necessary to encourage careful planning to assure that available land resources are used and projects are designed so that piecemeal development is avoided while meeting aesthetic concerns of the City; and. The motion for approval of the ordinance, as amended, passed unanimously by roll call vote and Ordinance No. 97-22 was enacted. B. Mr. Weiss read the following ordinance, by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; ESTABLISHING A CODE OF ETHICS; PROVIDING A PENALTY; PROVIDING FOR 4 SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE. Mayor Snyder opened the public hearing. There being no speakers, the public hearing was closed. A motion for approval was offered by Councilmember Rogers- Libert and seconded by Councilmember Berger. An amendment was offered by Councilmember Beskin and seconded by Councilmember Rogers-Libert that the enforcing authority be the State Attorney's Office. The amendment failed 1-6, with Council member Beskin voting yes and Councilmembers Cohen, Berger, Rogers- Libert, Holzberg, Vice Mayor Perlow and Mayor Snyder voting no. The motion for approval passed unanimously by roll call vote and Ordinance No. 97-23 was enacted. 9. RESOLUTIONS: None. 10.0THER BUSINESS: A. MOTION TO ADOPT FLORIDA LEAGUE OF CITIES' RESOLUTIONS The motion was offered by Council member Rogers-Libert and seconded by Mayor Snyder. Councilmember Rogers-Libert moved and Councilmember Beskin seconded that action on these resolutions be deferred for discussion at a future workshop. Vice Mayor Perlow moved and Councilmember Cohen seconded removal of this item from the agenda. The motion for removal passed unanimously. B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA SUPPORTING AN AMENDMENT TO STATE AND FEDERAL LAW TO ENABLE MUNICIPALITIES TO PROVIDE FOR THE AMORTIZATION AND REMOVAL OF COMMERCTAL ADVERTISING SIGNS LAWFULLY ERECTED ALONG ANY FEDERAL-AID PRIMARY HIGHWAY, WITHOUT PAYMENT OF JUST COMPENSATION; PROVIDING FOR DISTRIBUTION OF RESOLUTION; PROVIDING FOR EFFECTIVE DATE. A motion for approval was offered by Council member Cohen, seconded by Councilmember Berger, unanimously passed and Resolution No. 97-62 was adopted. C. WATERWAYS RESORT MARINA REQUEST FOR CLASS I PERMIT 5 Mr. Soroka explained that DERM has requested Council approval of the request of the Waterways Resort Marina for a Class I Permit for placement and use of a prohibited floating structure within the Waterways Marina. A motion to recommend that DERM deny the request was offered by Councilmember Rogers-Libert, seconded by Vice Mayor Perlow and unanimously passed. 11. REPORTS: As submitted. Mr. Weiss requested that an executive session be scheduled to discuss the condemnation proceedings at a date and time to be determined by the City Manager. 12.PUBLlC COMMENTS: The following individual addressed Council: June Stevens, 20412 NE Del Vista Court. 13. ADJOURNMENT. There being no further business to come before Council at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 9:20 p.rn. Teresa M. Smith, CMC, City Clerk Approved by Council on 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 pr~ings a.nd, for such pu'"!"'se, may n~ to ensure tha! a verbatim record of the proceedings if made, whIch record Includes the testImony and eVIdence upon whIch the appeal is to be based. 6 MINUTES CITY COUNCIL MEETING BUDGET HEARING CITY OF AVENTURA, FLORIDA TUESDAY, SEPTEMBER 23,19977:00 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 at 7:00 p.m. by Vice Mayor Jeffrey M. Perlow. Present were Councilmembers Jay R. Beskin, Ken Cohen, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Jeffrey M. Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Smith, and City Attorney David M. Wolpin. Mayor Arthur I. Snyder and Councilmember Arthur Berger were absent. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Mr. Cohan led the pledge of allegiance. 3. PUBLIC HEARINGS: ORDINANCES - SECOND READING -1997/98 BUDGET A. Mr. Wolpin 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, WHICH IS 3.18% ABOVE THE ROLLED BACK RATE COMPUTED PURSUANT TO STATE LAW, FOR THE 1997 TAX YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Perlow opened the public hearing. Wallace Greenberg, One Island Place, Aventura, addressed Council. There being no further speakers, the public hearing was closed. A motion to approve the ordinance was offered by Councilmember Beskin, seconded by Councilmember Rogers-Libert, unanimously passed by roll call vote and Ordinance No. 97-24 was enacted. B. Mr. Wolpin 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 JULY 21, 1997, AS THE CITY OF AVENTURA FINAL BUDGET FOR THE 1997/98 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 Perlow opened the public hearing. Mr. Greenberg and Harry Kilgore, Director of Finance Support Services, addressed Council. There being no further speakers, the public hearing was closed. A motion to approve the ordinance was offered by Councilmember Rogers-Libert, seconded by Council member Beskin, unanimously passed by roll call vote and Ordinance No. 97-25 was enacted. 4. ADJOURNMENT. There being no further business to come before Council at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 7:25 p.m. Teresa M. Smith, CMC, City Clerk Approved by Council on 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 ofthe proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings if made, which record includes the testimony and evidence upon which the appeal is to be based. 2 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM DATE: City Council ..s::- Eric M. Soroka, Cite!}~ e September 24, 1997 TO: FROM: SUBJECT: Local Government Comprehensive Planning and Land Development Regulation Assistance Program Contract October 7,1997 City Council Meeting Agenda Item.1il RECOMMENDATION It is recommended that the City Council adopt the attached Resolution, which authorizes the execution of the Local Government Comprehensive Planning and Land Development Regulation Assistance Contract with the Department of Community Affairs (DCA). The $40,000 grant is provided to assist the City with the preparation of the Comprehensive Plan. BACKGROUND In order to assist the City with the preparation of its Comprehensive Plan, the State appropriated $40,000 in the current budget. The City's lobbyist and our local legislative delegation aided the appropriation. The City is required to complete the Comprehensive Plan in order to receive funding. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0375-97 RESOLUTION NO. 97-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED CONTRACT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND THE CITY OF AVENTURA IN CONNECTION WITH THE DEVELOPMENT, COMPLETION AND ADOPTION OF THE CITY'S COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute the attached Contract between the State of Florida Department of Community Affairs and the City of Aventura in connection with the development, completion and adoption of the City's Comprehensive Plan and Land Development Regulations. Section 2. The City Manager is hereby 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 Council member , who moved its adoption. The motion was seconded by Resolution No. 97-_ Page 2 Councilmember , and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Councilmember Jay Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Council member Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED this ih day of October, 1997. ARTHUR I. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS/tms STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ASSISTANCE PROGRAM CONTRACT This contract is entered into between the State of Florida, Department of Community Affairs, hereinafter referred to as the "Department", and the City of A ventura, hereinafter referred to as the "Recipient." WITNESSETH WHEREAS, the Department, in furtherance of its duties under Chapter 163, Part 11, Fla. Stat., has determined that the Recipient is eligible to receive funds under the Local Government Comprehensive Planning and Land Development Regulation Assistance Program; and WHEREAS, pursuant to the 1997-1998 General Appropriations Act, Line Item 1096, the Legislature has appropriated $200,000 to find implementation of the Local Government Comprehensive Planning and Land Development Regulation Assistance Program; NOW THEREFORE, THE DEPARTMENT AND THE RECIPIENT DO MUTUALLY AGREE AS FOLLOWS: I. Covenant for Services The Department does hereby contract with the Recipient for the performance ofthe services described herein and the Recipient does hereby agree to perform such services under the terms and conditions set forth in this contract. II. Availability of Funds Payment ofthese state funds pursuant to this contract are subject to and conditioned upon the total release ofthe funds appropriated to implement the Local Government Comprehensive Planning and Land Development Regulation Assistance Program. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the legislature. III. General Provisions (a) The validity of the Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to the Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and within thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release ofthe Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performanc~ by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, anyone of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,42 D.S.C. Section 12101 et seg.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 2 IV. Standard Conditions ' The Recipient agrees to be bound by the following standard conditions: (a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (b) If otherwise allowed under this Agreement, extension of an Agreement for contractual services shall be in writing for a period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial Agreement. There shall be only one extension of the Agreement unless the failure to meet the criteria set forth in the Agreement for completion of the Agreement is due to events beyond the control of the Recipient. (c) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance "l)'ith s. 112.061, Fla. Stat. (e) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all docwnents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with the Agreement. (1) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. . (g) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 D.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationally Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. V. Definition, Scope and Quality of Service (A) Intent ofthe Contract The Recipient agrees, under the terms and conditions of this contract and the applicable state and local laws and regulations, to undertake, perform, and complete the specified work 3 products outlined in the Scope of Services, below. The Recipient further agrees that neither the Department's entering into this agreement nor its acceptance of the Recipient's work products shall be construed as a determination by the Department that the local government has satisfactorily met the requirements of Chapter 163, Part 11, Fla. Stat. The Department recognizes that the funding received by the Recipient under this program constitutes only a partial funding of the actual costs associated with the development, completion, and adoption of the Comprehensive Plan and Land Development Regulations, and that the work products being contacted for constitutes only a portion of the requirements necessary for completion of the Recipients' Comprehensive Plan and Land Development Regulations. The Department and the Recipient agree that the work products funded under this contract must be completed as specified herein in order for the Recipient to successfully complete its Comprehensive Plan and Land Development Regulations, and that these work products are being funded to achieve that end. (B) Scope of Services. (1) Services provided under this contract shall be in connection with the total area under the recipient's planning jurisdiction. (2) In accordance with S 163.3191, Fla. Stat., Rule 9J-5, and Rule 9J-24, F.A.C., the Recipient shall provide the following: (a) A copy of the final public hearing draft of the Comprehensive Plan, including the Data & Analysis; and (b) A copy of the final public workshop draft of the Land Development Code. VI. Consideration (A) Amount of Consideration As consideration for work rendered under this contract, the Department agrees to pay a fixed fee up to $40,000. Payment will be made in accordance with Section V11 of this contract. (B) Use of Funds (1) Funds may be used for salaries and expenses of local government staff members or subcontractors involved in preparing all or a portion of the required work products specified in section 111(B), Scope of Services, ofthis contract. 4 (2) Travel expenses incurred by the Recipient in fulfillment of this contract shall be in accordance with the provisions of Section 112.061, Fla. Stat. (3) Funds may not be used for the purchase of equipment, fixtures, or other tangible property of a nonconsumable and nonexpendable nature with an expected useful life which exceeds the duration of this contract. (4) These funds may not be used for the purpose oflobbying the Florida Legislature or a state agency. VII. Method of Payment (A) The Department shall pay $20,000 to the Recipient following the Department's receipt, review, and acceptance of the work products specified in Section V(B) (2) (a). (B) The Department shall pay $20,000 to the Recipient following the Department's receipt, review, and acceptance of the work products specified in Section V(B) (2) (b). (C) The Departm~nt shall pay the amounts indicated in this agreement after receipt of the work products under this contract are deemed by the Department to be acceptable. "Acceptable to the Department" means that the work product was completed in accordance with professional planning principles, and is consistent witht he requirements of this contract. The Recipient acknowledges and agrees that payment under this agreement is contingent upon the Recipient providing the Department, on or before October 1, 1998, with all ofthe requisite work products in final form, acceptance of the final work products by the Department, and the Recipients' contract closeout report, as specified below. VIII. Required reports and records (A) The Recipient shall provide to the Department a contract closeout report consisting of a copy of each work product produced under this program. The report must be received by the Department no later than October 1, 1998. (B) If all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department shall withhold further payments until they are completed. The Department may terminate this contract if reports are not received within ten (10) days after notice by the Department. IX. Audit Requirements (A) The Recipient agrees to maintain adequate financial procedures and adequate support documents to account for the expenditure of funds under this contract. 5 (B) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (C) The Recipient shall provide the Department with an annual financial audit report which meets the requirements of Sections 11.45 and 216.349, F. S., and Chapter 10.550, Rules of the Auditor General, and OMB Circular A-128 for the purposes of auditing and monitoring the funds awarded under this contract. (1) The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. (2) The annual financial audit report shall include a schedule of financial assistance specifically identifYing all contract and grant revenue by sponsoring agency and contract number. (3) The complete financial audit report, including all items specified in section Vn(C) (1) and (2) above,.shall be sent directly to: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (D) The Recipient shall include an accounting of these funds in the annual financial audit report prepared by the Recipient for the 1996-1997 and 1997-1998 fiscal years. (E) In the event the audit shows that the entire fund, or portion thereof, was not spent in accordance with the conditions of this contract the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and contract provisions within thirty (30) days after the Department has notified the Recipient of such noncompliance. (F) The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of three years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the three-year period, the records shall be retained until the litigation or audit findings have been resolved. X. Subcontracts (A) Ifthe Recipient subcontracts any or all of the work required under this contract, the 6 Recipient agrees to include in the subcontract specific language to inform the subcontractor that the subcontract is bound by the terms and conditions of this contract between the Recipient and the Department, and agrees to attach and incorporate the contract into the subcontract itself. (8) The Recipient agrees to include in the subcontract that the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this contract, to the extent allowed and required by law. (C) If the Recipient enters into a subcontract, a copy of the executed subcontract must be forwarded to the Department. (D) Any work products produced under the terms of a subcontract entered into by the Recipient must meet the full terms and conditions, including timeframes, of this Agreement between the Recipient and the Department in order for the Recipient to receive payment from the Department. XI. Liability / The Recipient hereby agrees to hold harmless the Department, to the extent allowed and required by law, from all claims, demands, liabilities and suits of third persons or entities not a party to this contract arising out of, or due to any act, occurrence, or omission of the Recipient, its subcontractors or agents, if any, that is related to the Recipient's performance under this contract. XII. Contract Term The contract shall commence on the last date of signing by the parties involved, and will terminate on October I, 1998. The Recipient will receive no compensation for work received by the Department after this date. XIII. Modification of Contract Either party may request modification of the provisions ofthis contract with the exception that no extensions will be permitted. The General Revenue funding source cannot be extended beyond the original timeframes of this agreement. Other changes which are mutually agreed upon shall be made by written correspondence from the Department and shall be incorporated as part of this contract. - . XIV. Identification of Documents The cover page or title page of all reports, maps and other documents completed as a part of this contract shall acknowledge: 7 "Preparation of this (Map or Document) was aided through financial assistance received from the State of Florida under the Local Government Comprehensive Planning and Land Development Regulation Assistance Program, and administered by the Florida Department of Community Affairs. " The date (month and year) the document was prepared and the name of the subcontractor or Recipient community responsible for its preparation shall also be shown. XV. Termination (A) This contract may be terminated by the written mutual consent of the parties. (B) If the Recipient shall fail to fulfill in a timely and proper manner its obligations under this contract, the Department shall have the right, without liability, to terminate this contract within ten (l0) days after giving written notice to the Recipient of such termination. The Department may also require a pro rata repayment for funds paid to a Recipient who breaches any part of this contract. , (C) Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of contract by the Recipient. The Department may withhold any payments tot he Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. XVI. Notice and Contact (A) The contract manager for this contract is: Cherie Trainor, Senior Management Analyst I Division of Resource Planning and Management Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (B) The representative of the Recipient (not a consultant), responsible for the administration of this contract is: Eric M. Soroka, City Manager ('S"'y nf Avpn....nT::I 2999 HE 191st Street Suite 500 Aventura, Florida 33180 8 (e) In the event that different representatives are designated by either party after execution ofthis contract, notice of the name, title and address of the new representative will be rendered in writing to the other party and said notification attached to the original of this contract. XVII. Terms and Conditions The contract contains all the terms and conditions agreed upon by the parties. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. RECIPIENT: BY: (Signature) Name: Eric M. Soroka, City Manager (Please Type or P>-int) Title: City Manager (Please Type or Print) Date: Witness: STATE OF FLORlDA DEPARTMENT OF COMMUNITY AFFAIRS BY: Name: Charles G. Pattison Title: Director. Division of Resource Planning and Management Date: Witness: 9 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Council FROM: DATE: October 3,1997 SUBJECT: Resolution Authorizing Execution of Lease Agreement With Point East for Metro Dade Fire Rescue Substation October 7,1997 City Council Meeting Agenda Item '7 - p., RECOMMENDATION It is recommended that the City Council authorize the execution of the Lease Agreement with Point East for the placement of a Metro Dade Fire Rescue Substation at the southern portion of the City. BACKGROUND In order to improve the response time for medical emergencies in the City, it hasbeen a priority of the Council to expand the Fire Rescue services by providing for a substation in the southem portion of the City. The Metro Dade Fire Rescue has agreed to provide a substation at the professional building located at 2601 Point East Drive. In order to expedite the substation, and cut through the red tape at the County level, the City acted as a facilitator between Dade County and Point East. The City will lease the premises from Point East and assign the Agreement to Dade County via an interlocal agreement. The original term of the lease is for five (5) years. The rent amount reflects the compromise worked out between the parties over the last month. It is anticipated that the building will be renovated over the next sixty (60) days and the substation will become operational by December. Memo to City Council Page 2 Although the negotiations were protracted and complicated at times, the attached Lease Agreement fulfills the goal of providing a fire rescue substation to better serve the residents residing in the southem portion of the City. If you have any questions, please feel free to contact me. EMS/aca Attachment cc0380-97 WEISS SEROTA & HELFMAN, EA. ATTORNEYS AT LAW 2665 SOUTH BAYSHORE DRIVE SUITE 420 LilLIAN ARANGO DE LA HOZ. ROY J. BARQUET MITCHELL A. BIERMAN NINA L. BONISKE DANIEL H. COULTQFF L. ROBERT ELIAS EDWARD G. GUEDES STEPHEN .J. HELFMAN ..JILL A. .JARKESY* GILBERTO PASTORIZA ELLEN N. SAUL * GAil D. SEROTA- .JOSEPH H. SEROTA DANIEL A. WEISS. RICHARD .JAY WEISS DAVID M. WOLPIN STEVEN W. ZELKOW1TZ BROWARD OFFICE SSS EAST LAS OLAS BOULEVARD SUITE 710 FORT LAUDERDALE, FLORIDA 33301 TELEPHONE (954) 763-1189 MIAMI, FLORIDA 33133 TELEPHONE (305) 854-0800 TE:LECOP1ER (305) 854-2323 October 1, 1997 PALM BEACH OFFICE 1872 SOUTHWEST 17TH STREET BOCA RATON, FLORIDA 33486 TELEPHONE (561) 392-8762 TELECOPIER (S6J) 392-7551 .OF COUNSEL VIA HAND DELIVERY Mr. Eric M. Soroka City Manager City of Aventura 2999 Northeast 191 Street Suite 500 Aventura, Florida 33180 Re: Lease Agreement with Point East Dear Eric: As requested, enclosed is the Lease Agreement along with a resolution for placement on the agenda fOr the next City Council meeting. I have also included a disc with the resolution. The Lease Agreement has been revised to incorporate the rental rates which you previously provided to me as well as most of the acceptable comments from the landlord's attorney. The exhibits will be completed and attached to the final version. A redlined copy is also included for your reference. Once the Lease Agreement is approved by the City Council, I will proceed to negotiate the final terms with the landlord's attorney. Please call me if you have any questions or comments regarding the foregoing. ~~ Steven W. Zelkowitz RECEiVED OCT 0 1 1997 Enclosures cc: David M. Wolpin, Esq. OfFICE OFTHE CITY MANAGER LEASE AGREEMENT between POINT EAST ONE CONDOMINIUM CORPORATION, INC. POINT EAST TWO CONDOMINIUM CORPORATION, INC. POINT EAST THREE CONDOMINIUM CORPORATION, INC. POINT EAST FOUR CONDOMINIUM CORPORATION, INC. Landlord, AND CITY OF AVENTURA Tenant Premises: 2601 Point East Drive Aventura, Florida 33180 LEASE AGREEMENT LEASE AGREEMENT made as of ,1997, between POINT EAST ONE CONDOMINIUM CORPORATION, INC., POINT EAST TWO CONDOMINIUM CORPORATION, INC., POINT EAST THREE CONDOMINIUM CORPORATION, INC., and POINT EAST FOUR CONDOMINIUM CORPORATION, INC., all Florida not for profit corporations, having a collective address at 2895 Point East Boulevard, A ventura, Florida 33160 (collectively, the "Landlord"); and CITY OF AVENTURA, a Florida municipal corporation, having an address at 2999 N.E. 191st Street, Aventura, Florida 33180 ("Tenant"). RECITALS: 1. Landlord is the owner of that certain improved real property located in the in the City of Aventura, County of Dade, State of Florida, as more particularly described as Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"); and, 2. Tenant desires to lease from Landlord and Landlord is willing to lease to Tenant, the western portion of the Building (as defined below) located on the Property consisting of approximately 3,000 square feet as more particularly described on Exhibit "B" attached hereto and by this reference made a part hereof (the "Premises"), in furtherance of such purposes of Tenant and upon and subject to all terms, covenants, conditions and provisions set forth below. NOW, THEREFORE, in consideration of the rents and agreements set forth herein, and intending to be legally bound hereby, Landlord and Tenant agree as follows: ARTICLE 1. DEFINITIONS. 1.1 The following terms shall have the following meanings wherever used in this Lease: "Building" means the structure in and on the Property as it exists on the date hereof and as generally depicted on Exhibit "B" attached hereto and by this reference made a part hereof, as the same may be altered, reduced, expanded or replaced from time to time subject to the Landlord's prior written approval which shall not be unreasonably withheld or delayed; provided, however, that any alteration, reduction, expansion or replacement shall not diminish the Premises or materially diminish the Common Areas. "Common Areas" means those areas and facilities designated on Exhibit "B" attached hereto and made a part hereof which are furnished by Landlord, in or near the Building for the non-exclusive general common use of tenants and other occupants of the Building, their officers, agents, servants, employees and customers, guests and invitees including (without limitation) all parking areas (except for those parking areas designated for Tenant's exclusive use pursuant to Article 18 hereof), access roads, employee parking areas, driveways, sidewalks, roofs, and sprinklers in Common Areas, ramps, landscaped and planted areas, stairways, elevators, lighting facilities, rest rooms, and other similar areas, facilities or improvements to or used or useful in connection with the Building. "Condemnation" (or to "Condemn") means any and every taking (temporary or permanent) for any public or quasi-public purpose, by any Government Entity by exercise of condemnation or eminent domain (or any transfer or conveyance by agreement in lieu thereof). "County" means Metropolitan Dade County, Florida. "Government Entity" means the United States, the State of Florida, the County of Dade, the City of Aventura, and any and every political subdivision of government of any kind whatsoever, now existing or hereafter created, including all administrative agencies, departments, bureaus, boards, commissions, courts, or other instrumentalities thereof, now or hereafter having jurisdiction over the Premises. "Law" or "Laws" means each and every law, regulation, rule, order, ordinance, statute, decree, official or unofficial interpretation, or other requirement of any kind whatsoever, present or future, issued by any Government Entity applicable to or affecting the Premises, Property and/or Building including without limitation all federal, state and local laws, including statutes, regulations, ordinances, codes, rules and other governmental restrictions and requirements relating to the environment, pollutants or hazardous substances including, but not limited to, the Federal Solid Waste Disposal Act, the Federal Clean Air Act, the Federal Clean Water Act, the Federal Resource Conservation and Recovery Act of 1976, the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Federal Superfund Amendments and Reauthorization Act of 1986, Chapters 161, 253, 373, 376 & 403 Florida Statutes, and the rules and regulations of Florida Department of Environmental Protection. "Lease" means this Lease Agreement between Landlord and Tenant. "Premises" means that certain improved real property containing approximately 3,000 square feet of area located in the western portion of the Building on the Property in the City of Aventura, County of Dade, State of Florida, all as more particularly described on Exhibit "B" attached hereto and by this reference made a part hereof. "State" means the state of Florida. "Utilities" means any and all utility services and installations (including, electricity, water, natural gas, telephone, other telecommunications of every kind, steam, sewer, and refuse removal), and all piping, wiring, conduit, and/or other fixtures of every kind related thereto or used in connection therewith. 1.2 Certain other terms as are defined elsewhere in this Lease. 2 ARTICLE 2. DEMISE; TERM; COMMENCEMENT; OPTION TO RENEW DATE. 2.1 Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for the Term (as hereinafter defined), the Premises together with all rights and appurtenances thereunto including, but not limited to, Tenant's non-exclusive license to use the Common Areas and exclusive license to use certain parking areas, all as otherwise provided in this Lease. 2.2 The initial term (the "Initial Term") of this Lease shall commence at 12:01 a.m. on November 1, 1997 (the "Commencement Date") and shall expire at 11:59 p.m. on October 31, 2002 (the "Expiration Date") (or on such date as this Lease may otherwise expire or terminate in accordance with its terms). 2.3 Tenant may extend the original term of this Lease for two additional periods of five (5) years each, on the terms and conditions set forth herein, by notifying the Landlord in writing not less than ninety (90) days prior to the expiration of the Initial Term. Notwithstanding the foregoing, in the event Tenant does not exercise its option in the time period or in the manner provided above, such option shall nevertheless continue in full force and effect and shall not lapse until sixty (60) days after Landlord has notified Tenant in writing to inquire whether Tenant desires to exercise such option. Tenant may exercise such option during said sixty (60) day period, but if Tenant fails to do so during said period, such option shall thereafter lapse and terminate, and be of no further force or effect. The Initial Term, as extended, shall hereinafter be referred to as the "Term". Rent (as defined below) during any extensions of the Term shall be mutually agreed upon by the parties, consistent with increases to the Rent during the Initial Term. 2.4 Upon the expiration of the Term or any earlier expiration or termination of this Lease, Tenant shall quit and surrender to Landlord the Premises, broom clean, in the condition required under this Lease, excepting ordinary wear and tear. ARTICLE 3. POSSESSION OF PREMISES. 3.1 Landlord shall deliver and Tenant shall be entitled to possession of the Premises on the Commencement Date. ARTICLE 4. BASE RENT. 4.1 Tenant agrees to pay Landlord during the Term fixed rent ("Rent") in accordance with the following schedule: 3 Lease Year Annual Amount Monthlv Installment 1 $15,000.00 $1,250.00 2 16,200.00 1,350.00 3 17,400.00 1,450.00 4 18,600.00 1,550.00 5 21,000.00 1,750.00 The Rent is payable in monthly installments as shown above commencing on November I, 1997 (the "Rent Commencement Date"). Each monthly installment of Rent shall be paid, in advance, on or before the fifth (5th) day of the month for which such monthly installment of Rent shall be due. 4.2 Tenant shall pay all Rent at the address for Notices or at such other place in the United States as Landlord may designate by Notice to Tenant. All Rent shall be paid in lawful money of the United States by personal check drawn to Landlord's order. 4.3 Ifby reason of any of the provisions of this Lease, the Rent Commencement Date shall commence with respect to the Premises, or if the Expiration Date shall be, on a day other than the first day of a month, Rent for such month shall be prorated on a per diem basis. ARTICLE 5. CONDITION OF PREMISES. 5.1 Landlord hereby represents and warrants to Tenant that, as of the date of this Lease, the Premises, Property and Building (including the land and groundwater thereunder) are (and will be at the time of delivery of possession to Tenant hereunder) in compliance with all Laws of all Governmental Entities. Further, Landlord warrants that Landlord is not aware of any condition in the Building and/or Property which could cause damage or an adverse condition to the Premises. The foregoing to the contrary notwithstanding, if Tenant's inspection reveals violations of such Laws that would materiality affect Tenant's use of the Premises or the costs associated therewith, Tenant may terminate this Lease by notifying Landlord within ninety (90) days after the Commencement Date; provided, however, Landlord shall have a period of thirty (30) days from the receipt of Tenant's Notice to cure any such violation(s). Upon the date set forth in such Notice the parties hereto shall thereafter be relieved of all rights and obligations hereunder. Landlord shall take such steps as are required to provide Tenant with full access to the Premises for all inspections deemed necessary by Tenant prior to the Commencement Date. ARTICLE 6. TAXES. 6.1 Landlord shall pay to the appropriate Governmental Entity all ad valorem real property taxes and any special assessments levied or assessed against the Property and/or Premises during the Term of this Lease. 4 ARTICLE 7. UTILITIES. 7.1 Landlord represents and warrants that all Utilities and services to be provided to, or which shall be necessary for the conduct of, Tenant's operations within the Premises are currently provided and available in adequate amounts to the Premises. Tenant will pay directly to the appropriate utility company or supplier for all water, gas, electricity, light, heat, refuse removal, telephone, and other utilities and communications services used by Tenant on the Premises during the Term. All such services shall be separately metered and billed directly to Tenant. Tenant shall pay all costs and expenses associated with the installation of separate meters for the Premises. Landlord, upon request of Tenant, without additional expense to Tenant, will join with Tenant in any application required for obtaining or continuing any Utilities. 7.2 Landlord, at its sole cost and expense, shall provide and maintain the bulk main distribution for a fire protection sprinkler system with adequate pressure. The branch lines and sprinkler heads in the Premises shall be maintained by Landlord and shall remain the property of Landlord at the termination of this Lease. ARTICLE 8. USE. 8.1 Tenant shall use the Premises for the construction and operation of fire rescue substation; provided, however, if Tenant does not assign this Lease to the County under Article 23 below, Tenant may use the Premises for the construction and operation of a police substation. Landlord acknowledges and agrees that Tenant's use of the Premises shall be on a twenty-four (24) hour a day, year round basis and that such use may not be a typical use of the Premises. ARTICLE 9. COMPLIANCE WITH LAWS. 9.1 Tenant, at Tenant's sole cost and expense, shall promptly comply with all Laws of Governmental Entities which shall impose any violation, order or duty upon Landlord or Tenant as a result of Tenant's use of the Premises under this Lease. 9.2 Except as set forth in Section 9.1 above, Landlord, at Landlord's sole cost and expense, shall promptly comply with all Laws of Governmental Entities which shall impose any violation, order or duty upon Landlord with regard to the Premises, Building and/or Property. 9.3 Tenant shall have the right to contest by appropriate proceedings diligently conducted in good faith in the name of Tenant, or, with the prior consent of the Landlord, which shall not be unreasonably withheld, in the name of Landlord, or both, without cost or expense to Landlord, the validity or application of any Law applicable to or affecting the Premises or affecting Tenant's use thereof. If compliance with any Law may legally be delayed pending the prosecution of any such proceeding, Tenant may delay compliance until the final determination of the proceeding. Landlord will not be required to join any proceedings referred to in this Section 9.3 unless the provision of any applicable Law in effect requires that the proceedings 5 be brought by or in the name of Landlord. In that event, Landlord shall join the proceedings or permit them to be brought in its name. 9.4 If, during the last three (3) years of the Initial Term of this Lease, or during the last three (3) years of the renewal term, any applicable Law is enacted or first becomes effective, which would and does require Tenant to make an expenditure or aggregate expenditures, in connection with the Premises, during any such three (3) year period in excess of an amount equal to Five Hundred and 00/100 Dollars ($500.00) times the number of months remaining in the Initial Term or the renewal term at the time any such expenditure is required, Tenant may, at its option, terminate this Lease upon ten (10) days notice to Landlord unless Landlord agrees to pay and does pay the amount of such expenditure in excess of Tenant's aggregate expenditure obligation as provided for herein. Upon the date set forth in such Notice the parties hereto shall thereafter be relieved of all rights and obligations hereunder. 9.5 In the event the Lease is assigned, sublet, or otherwise transferred to the for use as a fire rescue station under the provisions of Article 23 of this Lease, the City of A ventura grants approval to operate emergency fire and rescue services from the Building. ARTICLE 10. TENANT'S WORK. 10.1 Tenant shall, at Tenant's cost and expense, perform or cause to be performed any work and make any and all improvements required to prepare the Premises for Tenant's use and occupancy thereof (the "Work"). The Work shall be performed in accordance with plans and specifications prepared by Tenant. Tenant may perform Work subject to submission to and written approval by Landlord of all work specifications, including, but not limited to, architectural plans, structural, mechanical and dectrical specifications, as applicable. The Landlord's written approval of said plans and specifications shall not be unreasonably withheld or delayed. 10.2 Landlord shall provide its full reasonable cooperation and assistance to Tenant in completing all Work and in all matters in connection therewith. 10.3 In the event Tenant does not receive the required approvals from any Governmental Entity for the Work within ninety (90) days of the Commencement Date, Tenant shall reasonably modify its plans and specifications in order to obtain said approvals. ARTICLE 11. TENANT'S ALTERATIONS. ILl Tenant shall, following completion of the Work, be entitled to perform or undertake, at Tenant's sole cost and expense, any alteration, addition, improvement or construction (each an "Alteration") to or in the Premises in accordance with plans and specifications prepared by Tenant. Tenant may perform Work subject to submission to and written approval by Landlord of all work specifications, including, but not limited to, architectural plans, structural, mechanical and dectrical specifications, as applicable. The 6 Landlord's written approval of said plans and specifications shall not be umeasonably withheld or delayed. 11.2 With respect to every Alteration: (a) Tenant shall, as its own cost and expense, procure or cause to be procured all material permits, approvals, consents, licenses and filings of any kind required by applicable Laws; and, (b) completing therewith. Landlord shall provide to Tenant its full reasonable cooperation in any Alteration authorized herein and in all matters in connection 11.3 Tenant agrees to discharge, at Tenant's sole cost and expense (whether by payment, bonding, or otherwise), every lien filed against the Premises for work done for or materials furnished to Tenant in connection with all Tenant's Work and Alterations. ARTICLE 12. SIGNAGE. 12.1 Subject to Landlord's prior written approval, which shall not be umeasonably withheld or delayed, Tenant shall have the right to erect, install, and construct signage upon the Premises that Tenant deems necessary for its use and operation. 12.2 Tenant's signage shall comply with all Laws. Landlord shall use its best efforts to work, assist and cooperate with Tenant and Tenant's architects and consultants in all respects with the application and review process necessary for the approval of such signage as required by any Governmental Entity. 12.3 In the event Tenant does not receive the required approvals from any Governmental Entity for its proposed signage within ninety (90) days following the Commencement Date, Tenant shall reasonably modify its signage in order to obtain said approvals. 12.4 Subject to Landlord's prior written approval, which shall not be umeasonably withheld or delayed, Landlord shall allow Tenant to provide signage of a size and character deemed sufficient by Tenant in its discretion to be included in Landlord's signage (promotional, directional, or otherwise) facing Point East Drive or any other entranceway and/or access road to the Property as well as Landlord's signage located in the Common Areas. Tenant's signage provided pursuant to this Section 12.4 shall be displayed by Landlord in a prominent fashion as to allow for unobstructed view by the general public. Landlord shall not remove, obstruct or alter such signage provided hereunder without Tenant's prior written consent. Upon Tenant's request, Landlord shall alter and/or modify such signage as deemed necessary by Tenant in furtherance of its use of the Premises. All Tenant's signage provided pursuant to this Article 12 shall be maintained by the Tenant. 7 ARTICLE 13. FIXTURES AND EOUIPMENT: TENANT'S PROPERTY. 13.1 Except as otherwise herein provided, any and all furniture, furnishings and fixtures furnished, constructed and/or installed by Tenant and any other movable property of Tenant shall be and remain property of Tenant which Tenant may remove, at Tenant's expense, on or before the Expiration Date ("Tenant's Property"). Tenant's Property as referred to in this Section 13.1 shall include, but not be limited to, all furniture, furnishings and fixtures which may be removed from the Premises without causing substantial damage thereto or, if such removal causes substantial damage to the Premises, Tenant shall have the right to remove the same provided Tenant restores such damaged portion of the Premises to its original condition only to the extent Landlord has not been or will not be reimbursed by insurance therefor. 13.2 If any of Tenant's Property is not removed within sixty (60) days following the Expiration Date, Landlord may remove and dispose of the same and may retain from the proceeds from the sale or other disposition thereof only such amount necessary to reimburse Landlord for its actual costs of the sale or disposition. The remainder of the proceeds shall promptly be paid to Tenant. ARTICLE 14. MAINTENANCE AND REPAIRS. 14.1 Tenant shall, throughout the Term of this Lease, keep and maintain with due diligence all electrical wiring, all plumbing, water, air conditioning controls and air distribution systems installed serving the three thousand (3,000) square feet of leased space, in good order, condition and repair (normal wear and tear excepted). Landlord shall, throughout the Term of this Lease, keep and maintain with due diligence the Premises, Building, and Property including the roof, structural columns, risers, heat and chilled water facilities, structural floors, and exterior walls of the Premises and Building, Common Areas, and those parking areas designated for Tenant's exclusive use pursuant to Article 18 hereof, and all other Building maintenance required not specifically listed under the Tenant's responsibility, in good order, condition and repair (normal wear and tear excepted). All damage or injury to the Premises, Building and/or. Property caused by Tenant and for which Landlord has not been or will not be reimbursed by insurance (normal wear and tear excepted) shall be repaired, restored or replaced by Tenant, at its sole cost and expense. All damage or injury to the Premises, Building and/or Property caused by Landlord, its agents or employees, shall be repaired, restored, replaced at Landlord's sole cost and expense. Regardless of which party is responsible for payment, all repairs, restorations or improvements to the Premises, Building and/or Property shall be made by Landlord or parties designated by the Landlord. 14.2 Notwithstanding the foregoing provisions of Section 14.1, if during the Term, in Tenant's reasonable judgment, a condition exists with respect to any matter which the Landlord is obligated to maintain that adversely affects Tenant's operations, and after Notice Landlord fails to repair same as required hereunder, then Tenant may make such repairs and deduct the cost thereof from Rent or any other amounts due to Landlord hereunder. 8 14.3 All of the aforesaid repairs shall be made with reasonable diligence and in a good and workmanlike manner. ARTICLE 15. DAMAGE AND RESTORATION. 15.1 If the Premises, Building and/or Property or any part thereof shall be damaged or destroyed by fire, flood, hurricane, tornado, lightning, wind damage, infestation or other casualty ("Damage") and this Lease is not terminated pursuant to any provision of this Article 15, Landlord shall proceed with reasonable diligence to repair or cause to be repaired the Damage. Tenant shall proceed with reasonable diligence to replace or cause the replacement of its furniture, furnishings and equipment, and any other items of Tenant's Property to the extent insurance proceeds are available. In the event Landlord fails to repair or cause to be repaired the Damage to the Premises, Building and/or Property, Tenant shall not be obligated to repair or cause to be repaired the Damage to Tenant's Property and Tenant shall also have the right to terminate this Lease upon ten (10) days Notice to Landlord. 15.2 If in the opinion of an independent contractor or appraiser selected by jointly by Landlord and Tenant, the Premises, Building and/or Property are so Damaged as to require, for restoration, a reasonably estimated expenditure of more than twenty-five percent (25 %) of the aggregate value thereof as actually insured under Required Insurance and Landlord's Insurance immediately prior to such Damage, Tenant may terminate this Lease by giving ten (10) days Notice to Landlord within sixty (60) days after the date of such Damage if Landlord elects not to restore the Damage. 15.3 If the Premises are so Damaged as to render the Premises untenantable by Tenant for a consecutive period of more than thirty (30) days, Tenant may terminate this Lease by giving ten (10) days Notice to Landlord within thirty (30) days after the date of such Damage that it elects not to restore the Premises. 15.4 If this Lease terminates pursuant to Sections 15.1, 15.2 or 15.3, this Lease shall expire as of the date on which such termination shall be effective under those Sections, as if such date were the Expiration Date and the parties hereto shall thereafter be relieved of all rights and obligations hereunder, and Tenant shall remit to Landlord the proceeds of all Required Insurance less the portion thereof attributable to business interruption coverage and Tenant's Property that may be removed pursuant to Section 13.1. 15.5 This Article shall be considered an express agreement governing any case of Damage. ARTICLE 16. CONDEMNATION. 16.1 If all or any part of the Premises is permanently Condemned or if there is a permanent Condemnation of (i) means of access to the Premises (ii) the parking area designated for Tenant's use pursuant to Article 18 hereof and no alternative parking area acceptable to 9 Tenant is substituted therefor; or (iii) twenty-five percent (25 %) or more of the floor area of the Building, this Lease shall, at Tenant's option upon Notice to Landlord, terminate and expire on and as of the effective date of such Condemnation or such date prior thereto as Tenant shall designate in its Notice of Termination to Landlord. Upon such date the parties hereto shall thereafter be relieved of all rights and obligations hereunder. In connection with any such Condemnation, and whether or not Tenant terminates this Lease, Tenant shall be entitled to the portion of the award and compensation equal to the value of the leasehold estate vested in Tenant immediately prior to Condemnation. Tenant shall also be entitled to a separate award made for Tenant's moving expenses and Tenant's Property. 16.2 If the use or occupancy of all or any part of the Premises is Condemned during the Term for a period not exceeding thirty (30) days, Tenant's obligations under this Lease shall not change, and Tenant shall continue to pay all Rent and other amounts due hereunder without reduction or abatement. However, Tenant shall be entitled to the entire award or compensation for such temporary Condemnation. A temporary Condemnation in excess of thirty (30) days shall be deemed to be a permanent Condemnation hereunder, subject to all of the requirements of 16.1 of this Lease. ARTICLE 17. COMMON AREAS 17.1 Landlord grants to Tenant and its agents, servants, employees, guests, and invitees a non-exclusive license for the Term of this Lease to use the Common Areas in common with others during the Term, subject to the reasonable control and management thereof by Landlord. Tenant's license to use the Common Areas and any other licenses granted to Tenant under this Lease including, but not limited to, Tenant's exclusive license for parking granted in Article 18 hereof shall remain in full force and effect during the Term of this Lease and shall only be terminated upon the termination of this Lease. Landlord shall not otherwise have a right to terminate said licenses provided herein. 17.2 Landlord shall operate and maintain or shall cause to be operated and maintained the Common Areas as well as those parking areas designated for Tenant's exclusive use pursuant to Article 18 hereof in a first class manner and in the best interests of the Building and the Premises. Landlord has the right to (i) establish, modify and enforce reasonable rules and regulations with respect to the Common Areas; (ii) enter into, modify and terminate easements and other agreements pertaining to the use and maintenance of the parking areas and other Common Areas except any such action by Landlord affecting those parking areas designated for Tenant's exclusive use shall require Tenant's prior written consent unless an alternative parking area acceptable to Tenant is available; (iii) close temporarily any or all portions of the Common Areas; and (iv) do and perform such other acts in and to said Common Areas, as, in the exercise of good business judgment, Landlord shall determine to be advisable; provided, however, that no such rule, regulation or action of Landlord shall interfere with Tenant's use of the Premises, access to the Premises, Tenant's license as granted hereunto the utilize the Common Areas, Tenants's license for parking granted hereunder, or Tenant's ongoing operations at the Premises. 10 17.3 Landlord shall have the right at any time and from time to time to make or permit additions to, subtractions from, rearrangements of, alternations of, modification of or supplements to the Common Areas; provided, however, that the exercise of Landlord of any of its rights granted hereunder shall in no way materially reduce, alter or impair the quality and/or quantity of the Common Areas and shall in no way interfere with Tenant's use of the Premises, access to the Premises, Tenant's signage, and/or any licenses granted to Tenant hereunder. ARTICLE 18. PARKING. 18.1 Landlord shall furnish Tenant with eight (8) designated parking spaces directly in front of the Premises as more particularly described on Exhibit "B" attached hereto and by this reference made a part hereof. Landlord hereby grants to Tenant and its agents, servants, employees, guests, and invitees an exclusive license for the Term of this Lease to use such parking spaces. Such parking spaces may be designated, at Tenant's discretion, as reserved parking. Tenant and its agents, servants, employees, guests, invitees and customers shall park their cars only in such designated area. 18.2 Landlord shall not restrict or impede access and/or parking for Tenant and its agents, servants, employees, guests, invitees and customers. 18.3 In the event the Lease is assigned, sublet, or otherwise transferred to the County for use as a fire rescue station under the provisions of Article 23 of this Lease, Landlord shall furnish parking for the emergency response vehicle as more particularly described on Exhibit "C" attached hereto and by this reference made a part hereof, Landlord hereby grants to Tenant and its agents, servants, and employees exclusive possession of said area for the Term of this Lease to use exclusively for emergency vehicle parking. ARTICLE 19. LANDLORD'S ACCESS TO DEMISED PREMISES. 19.1 Tenant authorizes Landlord, Landlord's agents, employees and representatives to enter the Premises at any time upon twenty-four (24) hours Notice (unless otherwise agreed to by the parties) and accompanied by a representative of Tenant to inspect the Premises solely for the purpose of determining Tenant's compliance with its obligations under this Lease. Such Notice must state the specific reason for such inspection. Such inspection shall be performed in such a manner as not to interfere with Tenant's operations on the Premises. ARTICLE 20. OUIET ENJOYMENT. 20.1 Upon paying Rent and all other amounts payable by Tenant hereunder and keeping and performing the terms, covenants, conditions and provisions of this Lease, Landlord covenants and agrees that Tenant may lawfully and quietly hold and enjoy the Premises including all licenses granted hereunder during the Term without hindrance, ejection, molestation, or interruption. 11 ARTICLE 21. DEFAULT. 21.1 In the event of any failure of compliance by Tenant with any of its obligations to Landlord as provided for herein such action shall constitute a default by Tenant under this Lease. Upon any such default by Tenant, Landlord shall provide to Tenant Notice of such default, which Notice (a "Default Notice") shall state in reasonable detail the actions Tenant must take to cure the same. Tenant shall cure any such default, within: (i) ten (10) days following the date of the Default Notice, in the case of any default involving the payment of moneys due and unpaid to Landlord hereunder; or, (ii) thirty (30) days following the date of the Default Notice, in the event of any other default by Tenant. Notwithstanding the provisions of this Section 21.1, in the case of non-monetary defaults, if any such default by Tenant remains uncured at the conclusion of any specified thirty (30) day cure period, and if the nature of Tenant's obligations are such that more than thirty (30) days is required to effect cure, then Tenant shall not be in default hereunder and Landlord shall not have the right to exercise Landlord's termination rights granted herein as a result of any such default, if Tenant commences cure within the applicable cure period and thereafter diligently pursues cure to completion of performance. In the event Tenant fails to effect any required cure as provided for herein, Tenant shall be deemed to be in uncured default hereunder, and Landlord shall have the right, but shall not be obligated, upon Notice to Tenant, to terminate this Lease. Following such termination, the parties hereto shall be relieved of all rights and obligations hereunder. 21. 2 In the event of any failure of compliance by Landlord with any of its obligations to Tenant as provided for herein, such action shall constitute a default by Landlord under this Lease. Upon any such default by Landlord, Tenant shall provide to Landlord Notice of such default, which Notice (a "Default Notice") shall state in reasonable detail the actions Landlord must take to cure the same. Landlord shall cure any such default within: (i) ten (10) days following the date of the Default Notice, in the case of any default involving the payment of moneys due and unpaid to Tenant hereunder; or, (ii) thirty (30) days following the date of the Default Notice, in the event of any other default by Landlord. Notwithstanding the provisions of this Section 21.2, in the case of non-monetary defaults, if any such default by Landlord remains uncured at the conclusion of any specified thirty (30) day cure period, and if the nature of Landlord's obligations are such that more than thirty (30) days is required to effect cure, then Landlord shall not be in default hereunder if Landlord commences cure within the applicable cure period and thereafter diligently pursues cure to completion of performance. In the event Landlord fails to effect any required cure as provided for herein, Landlord shall be deemed to be in uncured default hereunder, and Tenant shall have the right, but shall not be obligated, upon Notice to Landlord, to terminate this Lease. Following such termination, the parties hereto shall be relieved of all rights and obligations hereunder. 21.3 Neither the termination of this Lease, nor the exercise of any other right or remedy by a party hereto, shall terminate the right of either party hereto to commence appropriate litigation proceedings to remedy the breach of this Lease by the other party. 12 ARTICLE 22. INDEMNIFICATION. 22.1 Tenant does hereby agree to indemnify and hold harmless the Landlord to the extent and within the limitations of Section 768.28 Fla. Stat., subject to the provisions of that Statute whereby the Tenant shall not be held liable to pay a personal injury or property damage claim or judgment by anyone person which exceeds the sum of $100,000, or any claim or judgments or portions thereof, which, when totaled with all other occurrence, exceeds the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses and causes of action which may arise solely as a result of the negligence of the Tenant. However, nothing herein shall be deemed to indemnify the Landlord from any liability or claim arising out of the negligent performance or failure of performance of the Landlord or any unrelated third party . 22.2 Landlord shall indemnify Tenant against, hold Tenant harmless from, and reimburse Tenant for, any and all claims, losses, damages, costs and expenses, including, without limitation, reasonable attorneys' fees, court costs (whether at trial or appeal, in arbitration or otherwise) and the costs and expenses of investigation, incurred by Tenant and which arise out of or in connection with: (i) any breach by Landlord of any representation or warranty of Landlord contained in this Lease; (ii) any failure by Landlord to perform any covenant or agreement of Landlord contained in this Lease; (iii) any failure by Landlord to pay, perform, and discharge any liability or obligation of Landlord, (iv) all liabilities and obligations of Landlord other than those for which indemnification is provided by Tenant to Landlord pursuant to Section 22.1 of this Lease. 22.3 In case any claim or proceeding (including, without limitation, any claim, investigation, or proceeding by any Governmental Entity) shall be instituted by any person or entity not a party to this Lease affecting any indemnified person in respect of which indemnity will be sought pursuant to Section 22.1 or Section 22.2, hereof, such indemnified person shall promptly (considering the circumstances) notify the indemnifying person in writing, and the indemnifying person, within ten (10) days following such notification from the indemnified person, shall retain counsel reasonably satisfactory to the indemnified person (which satisfaction shall not be unreasonably delayed, withheld, or conditioned) to represent the indemnified person and any others the indemnifying person may designate in such proceeding, and shall pay the fees and disbursements of such counsel related to such proceeding. In any such proceeding, any indemnified person shall have the right to retain its own counsel, but the fees and disbursements of such counsel shall be at the expense of such indemnified person unless: (i) the indemnifying person shall have failed to retain counsel for the indemnified person as required herein; or, (ii) counsel retained by the indemnifying person for the indemnified person would be inappropriate due to actual or potential differing interests between such indemnified person and any other person represented by such counsel in such proceeding. In the event the indemnifying party retains counsel for the indemnified party hereunder, such retention shall constitute an admission by the indemnifying party that the indemnified party is entitled to indemnification hereunder. It is understood that the indemnifying person shall not, in connection with any proceeding or related proceedings in the same jurisdiction, be liable for the fees and 13 disbursements of more than one separate firm qualified in such jurisdiction to act as counsel for the indemnified person. The indemnifying person shall not be liable for any settlement of any proceeding effected without its written consent, but, if settled with such consent, or upon a final judgment for the plaintiff, the indemnifying person shall, to the extent required pursuant to the terms of this Article 22, indemnify the indemnified person from and against any and all Liabilities by reason of such settlement or judgment. The indemnified person shall also have the right to consent in writing in advance of any such settlement, but such consent shall not be unreasonably withheld; provided, however, that it shall not be unreasonable for the indemnified person to withhold consent of any settlement which imposes an injunction, equitable relief, or other similar restraints upon the indemnified party. Notwithstanding any other term or provision of this Article 22, no claim for indemnification shall be permitted if the party making such claim fails to provide timely notice as required pursuant to this Section 22.3, or otherwise, by act or omission, causes the party from whom indemnification is sought to suffer any waiver of a material defense, offset, or excuse. ARTICLE 23. ASSIGNMENT AND SUBLETTING. Subject to Landlord's prior written consent, such consent not be unreasonably withheld or delayed, Tenant may assign, sublet, or otherwise transfer this Lease, or any part of Tenant's right, title or interest herein; provided, however, Tenant may assign this Lease to the County without Landlord's consent. Upon any such assignment, subletting or transfer Tenant shall be relieved from all of its obligations hereunder. ARTICLE 24. COMMISSIONS. Landlord and Tenant acknowledge that there are no brokers entitled to commissions in connection with this transaction. Each party shall indemnify and hold harmless the other party from and against any cost, claim, loss, liability, obligation, damages, penalty, judgment, charge or expense arising out of a claim by any third party claiming through such party a right to brokerage, finder's or similar fees in connection with this transaction including, but not limited to, attorney's fees and paralegal fees, court costs and expenses both at the trial and appellate levels. Tenant's indemnity of Landlord under this Section shall only be to the extent permitted by Law and subject to the monetary limits of 9768.28, Fla. Stat. ARTICLE 25. NOTICES. All notices, demands, requests, consents, approvals, and other communications (collectively, "Notices"), required or permitted to be given hereunder, shall be in writing and sent by facsimile (or similar device) and by either: (i) registered or certified air mail, postage prepaid, return receipt requested; or, (ii) special delivery service (~ Federal Express, DHL, UPS, etc.); addressed to the party to be so notified as follows: 14 If to Landlord: Point East Council 2895 Point East Drive Aventura, Florida 33160 Attention: President [Note: Tenant shall provide Notice to Point East Council and it shall be the responsibility of Point East Council to distribute the Notice to the four Landlord entities.] With a CODY to: Hyman & Kaplan 150 W. Flagler Street Suite 2701 Miami, Florida 33130 Attention: Gary M. Mars, Esq. If to Tenant: City of A ventura 2999 N .E. 191st Street Suite 500 Aventura, Florida 33180 Attention: Eric M. Soroka City Manager With a CODY to: Weiss Serota & Helfman, P.A. 2665 South Bayshore Drive, Suite 420 Miami, Florida 33133 Attention: Richard Jay Weiss, Esq. City Attorney Each Notice sent in accordance with the requirements of this section shall be deemed effectively given upon actual receipt. Each person designated herein to receive any Notice or a copy thereof may change the address at which, or the person to whom, Notice or a copy thereof is to be delivered, by Notice given in accordance with the requirements of this Section. 15 ARTICLE 26. INSURANCE. 26.1 In this Lease "Required Insurance" means the insurance coverage specified in Exhibit "D". At Tenant's sole cost and expense, Tenant shall secure and keep in force all Required Insurance at all times during the Term and prior to the Commencement Date in the event Tenant requires access to the Premises in accordance with Article 27. 26.2 During the Term of the Lease, Landlord, at Landlord's sole and expense shall secure and keep in force a policy or policies of all risk property insurance, including flood and earthquake insurance and business interruption insurance, insuring the Premises against loss of damage by fire, hurricane, tornado, lightning, wind damage, infestation or other casualty in an amount to the full replacement value. Landlord shall also secure and keep in force a policy or policies of comprehensive general liability insurance written or an "occurrence" basis with coverage limits of not less than One Million and 00/100 Dollars ($1,000,000.00) per occurrence for bodily injury and property damages (collectively "Landlord's Insurance"). A duly executed certificate of such insurance shall be delivered to Tenant upon issuance of each such policy or as Tenant may otherwise reasonably request. 26.3 All Required Insurance and Landlord's Insurance shall be evidenced by policies issued by an insurance company rated "A-VI" or better by A.M. Best & Co., and licensed to do business in the state of Florida. Each such policy is hereinafter referred to in this Lease as an "Insurance Policy". Each Insurance Policy shall provide that the same shall not be amended or canceled except after thirty (30) days prior written notice to both Landlord and Tenant and shall insure Landlord or Tenant, as applicable, as an additional insured and list as a loss payee on property coverage to the extent of its interest. Duly executed certificates of insurance shall be delivered by the parties to each other no less than ten (10) days prior to Commencement Date and upon the annual anniversary date thereof and thereafter as may be reasonably requested by the parties. 26.4 In the event that provisions under Article 23 are exercised and the Lease is assigned, sublet or otherwise transferred to the County, the Landlord recognizes that compliance with Articles 26.1,26.2, and 26.3 are not applicable and will no longer be a requirement since the County has an ongoing self-insurance program for Public Liability, Automobile Liability and Workers' Compensation in compliance with and subject to the limitations of Section 768.28, Fla. Stat. ARTICLE 27. TENANT'S ACCESS TO PREMISES PRIOR COMMENCEMENT DATE. Effective as of the date hereof, Landlord hereby authorizes Tenant to personally or through its agents, employees and independent contractors, enter upon the Premises for the purposes of, at its own expense, inspecting the Premises and conducting such other investigations of the Premises which Tenant deems appropriate. Upon request of Landlord, Tenant shall, at its sole cost and expense, repair or restore any damage or injury to the Premises caused by 16 Tenant's inspection activities thereon in the event Tenant does not lease the Premises from Landlord. ARTICLE 28. MORTGAGE NON-DISTURBANCE AND SUBORDINATION. Provided a subordination is not inconsistent with and does not abridge Tenant's rights hereunder, the Tenant agrees, upon the Landlord's request, to subordinate this Lease and the rights included hereunder to any first lien placed by the Landlord upon the Property with an insurance company, bank, or any other institutional lender ("Lienholder"), provided that such lien by its terms, or by separate agreement with the Tenant, provides that this Lease shall not terminate as a result of the foreclosure of such lien, and that Tenant's rights under this Lease shall continue in full force and effect and its possession be undisturbed, except in accordance with the provisions of this Lease. The Tenant agrees that it will, upon request of the Lienholder, be a party to such an agreement, and will agree that if such Lienholder succeeds to the interest of the Landlord, the Tenant will recognize said Lienholder (or successor-in-interest of the Lienholder) as its Landlord under the terms of this Lease. The Tenant agrees to execute and deliver upon the Landlord's demand such instruments which comply with all of the provisions hereof. LANDLORD'S ENVIRONMENTAL REPRESENTATIONS AND WARRANTIES AND INDEMNIFICATION. ARTICLE 29. 29.1 Landlord hereby represents and warrants to Tenant the following statements are true and correct as of the Commencement Date and Tenant's obligations under this Lease shall be conditioned on the same being true throughout the Term with regard to the Property: (a) The Premises and Property including all improvements thereon are free from contamination, that there has not been thereon a release, discharge or emission, or threat of release, discharge or emission, of any hazardous substance, pollutant, or contaminant as defined by Laws, and that the Premises and Property do not contain, or are not effected by: asbestos; urea formaldehyde; polychlorinated biphenyls; underground storage tanks; or landfills, land disposals or dumps. (b) Landlord has not given, nor should give, nor has received, any notice, letter, citation, order, warning, complaint, inquiry, claim or demand that it has violated, or is about to violate, any Laws; there has been a release, or there is a threat of release, of hazardous substances, pollutants or contaminants as defined in Laws on the Premises and Property; the Landlord may be or is liable, in whole or in part, for the costs or cleaning up, remediating, removing or responding to a release of hazardous substances, pollutants or contaminants; the Premises and/or Property are subject to a lien in favor of any governmental entity for any liability, costs or damages under Laws. 17 (c) There is no litigation or governmental proceeding pending, nor to the knowledge of the Landlord threatened against the Landlord which if adversely determined would result in any material adverse change in the Premises and/or Property or adversely affect Tenant's ability to conduct its operations on the Premises, including, without limitation, any actual or threatened civil or criminal action brought under any Laws. (d) Landlord has never caused or permitted any hazardous material to be placed, held, located or disposed of on, under or at the Premises and/or Property or any part thereof, and neither of the Property nor any part thereof has ever been used as a dump site or storage (whether permanent or temporary) site for any hazardous material. 29.2 Landlord shall, prior to occupancy by the Tenant and following any buildout, changes, or repairs by Landlord involving the plumbing system, have the drinking water sampled and tested for lead by a recognized Test Laboratory. Results of such tests shall not exceed the EPA standard for lead in drinking water of 15 PPB. The Landlord shall pay for the drinking water test(s), and the original test(s) result(s) shall be furnished to the Tenant. Any needed remediation will be at the sole cost of the Landlord. ARTICLE 30. TENANT'S RIGHT TO TERMINATE. 30.1 In addition to any other rights of Tenant to terminate this Lease as provided herein and notwithstanding anything to the contrary contained herein, Tenant shall have the right to terminate this Lease upon ten (10) days Notice to Landlord in the event of the occurrence of any of the following as determined by Tenant in its sole and absolute discretion: a. Tenant, for any reason whatsoever, is unable to use the Premises as contemplated by this Lease; or b. there is a material change in the access road or parking areas which adversely affects Tenant's operations upon the Premises; or c. any other change in the Premises, Building and/or Property which adversely affects Tenant's operations on the Premises. Upon the date set forth in such Notice of the parties hereto shall thereafter be relieved of all rights and obligations hereunder. 30.2 In the event that provisions under Article 23 are exercised and the Lease is assigned, sublet or otherwise transferred to the County, the County, through its County Manager or his designee, shall have the right to dissolve or cancel the assignment, sublease or transfer at any time by giving the City of Aventura and the Landlord at least sixty (60) days written notice prior to its effective date. 18 ARTICLE 31. MISCELLANEOUS. 31.1 This Lease shall be governed by and construed in accordance with the Laws of the State of Florida applicable to contracts made and to be performed entirely in the State. 31.2 Exhibits "A" through "D" (and all accompanying schedules and appendices) to this Lease are incorporated in this Lease as though fully set forth in this Lease. 31.3 Landlord hereby represents and warrants that the individual unit owners of Landlord own undivided fee simple title interests to the Premises, free and clear of all liens, claims, encumbrances and restrictions (collectively, "Encumbrances"), of every type or nature, except for zoning and land use Law and other insignificant Encumbrances, which, in each case, will not materially and adversely affect Tenant's use of the Premises as contemplated herein. 31.4 The terms, covenants, conditions, and provisions of this Lease shall bind and inure to the benefit of Landlord and Tenant and their respective legal representatives, successors, and assigns. 31.5 Each party represents and warrants to the other that the execution, delivery and performance of this Lease has been duly authorized by all necessary corporate, partnership, municipal or other organizational action, as required. 31.6 Each party shall promptly provide the other party, by Notice, with a copy of all material notices received from any Governmental Entity in respect of the Premises and/or Property. 31.7 At the request of either party, the other shall with reasonable promptness deliver to the requesting party a written and acknowledged statement that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), and that, to the best of the responding party's knowledge, the requesting party is not in default under this Lease (or if the responding party has knowledge that the requesting party is in default, identifying the default). 31.8 No waiver of any covenant or condition or of the breach of any covenant or condition of this Lease shall constitute a waiver of any subsequent breach of such covenant or condition, or justify or authorize the nonobservance on any other occasion of the same or of any other covenant or condition hereof. 31. 9 Landlord has previously provided to Tenant the most current survey and title insurance policy regarding the Premises. Tenant may, at its sole cost and expense, obtain an update of the survey and title insurance policy insuring its interest in and to the Premises and this Lease. In the event Tenant elects, within ninety (90) days following the date hereof, to obtain any such title commitment and survey, and such title commitment or survey contains encumbrances materially and adversely affecting Tenant's use of the Premises as contemplated 19 herein and Landlord fails to promptly cure same to Tenant's reasonable satisfaction, Tenant may terminate this Lease upon ten (10) days Notice to Landlord. Upon the date set forth in such Notice of the parties hereto shall be relieved of all rights and obligations hereunder. 31.10 In the event Tenant remains in possession of the Premises after the Expiration Date, any holdover tenancy created shall be on a month-to-month basis. 31.11 Landlord and Tenant agree, in Tenant's sole discretion, that this Lease or a short form Lease may be recorded in the public records. 31.12 Any covenant, representation, warranty, term, or provision of this Lease which, in order to be effective, must survive the termination of this Lease, shall survive any such termination. 31.13 If, for any reason, all or any part of any section, subsection, and/or provision of this Lease is held to be invalid or unenforceable by a court or property convened arbitrators having valid jurisdiction in an unappealable final decision to which each party hereto is a party, the same such shall not impair the operation of, or have any other effect upon, any other section, subsection, and/or provision of this Lease as may remain otherwise valid and enforceable, and the latter shall continue to be given full force and effect and bind the parties hereto, and such invalid or unenforceable sections, subsections, and/or provisions shall be deemed limited by construction in scope and effect to the minimum extent possible to render the same valid and enforceable. 31.14 This Lease, together with the exhibits attached hereto, and all other documents executed and delivered by the parties hereto to consummate the transactions contemplated herein, constitute the entire understanding and agreement of the parties hereto with respect to the subject matter hereof, and supersede all prior written and all prior and contemporaneous oral agreements, understandings, inducements, and conditions, express or implied, between the parties with respect thereto. The express terms hereof control and supersede any course of performance or usage of trade inconsistent with any of the terms hereof. 31.15 This Lease, may be executed in any number of counterparts, each of which shall be an original as against any party whose signature appears thereon, and all of which together shall constitute one and the same agreement. 31.16 Time is of the essence in connection with all terms and provisions of this Lease. 31.17 This Agreement has been negotiated by the respective parties hereto, and the language hereof shall not be construed for or against any party. The titles and headings herein are for reference purposes only, and shall not in any manner limit the construction of this Lease which shall be considered as a whole. All additions and deletions of provisions from and all drafts of this Lease shall be of no force or effect in interpreting the terms of this Lease or the intentions of the parties hereto. 20 31.18 In connection with any litigation, including appellate proceedings, arising out of this Agreement the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party. IN WITNESS WHEREOF, Landlord and Tenant have respectively executed this Lease as of the day and year first above written. LANDLORD: POINT EAST ONE CONDOMINIUM CORPORATION, INC., a Florida not for profit corporation Witness Print Name: By: Name: Title: President Witness Print Name: (CORPORATE SEAL) STATE OF FLORIDA ) ) COUNTY OF DADE ) The foregoing instrument was acknowledged before me this day of , 1997, by as President of Point East One Condominium Corporation, Inc., a Florida not for profit corporation, on behalf of the corporation, who is (check one) [ ] personally known to me or [ ] has produced as identification. Notary Public, State of Florida My commission expires: Print or Type Name of Notary Public 21 POINT EAST TWO CONDOMINIUM CORPORATION, INC., a Florida not for profit corporation Witness Print Name: Witness Print Name: By: Name: Title: President (CORPORATE SEAL) STATE OF FLORIDA ) ) COUNTY OF DADE ) The foregoing instrument was acknowledged before me this _ day of , 1997, by as President of Point East Two Condominium Corporation, Inc., a Florida not for profit corporation, on behalf of the corporation, who is (check one) [ ] personally known to me or [ ] has produced as identification. Notary Public, State of Florida My commission expires: Print or Type Name of Notary Public 22 Witness Print Name: POINT EAST THREE CONDOMINIUM CORPORATION, INC., a Florida not for profit corporation Witness Print Name: By: Name: Title: President (CORPORATE SEAL) STATE OF FLORIDA ) ) COUNTY OF DADE ) The foregoing instrument was acknowledged before me this day of , 1997, by as President of Point East Three Condominium Corporation, Inc., a Florida not for profit corporation, on behalf of the corporation, who is (check one) [ ] personally known to me or [ ] has produced as identification. Notary Public, State of Florida My commission expires: Print or Type Name of Notary Public 23 Witness Print Name: POINT EAST FOUR CONDOMINIUM CORPORATION, INC., a Florida not for profit corporation By: Name: Title: President Witness Print Name: (CORPORATE SEAL) STATE OF FLORIDA ) ) COUNTY OF DADE ) The foregoing instrument was acknowledged before me this _ day of , 1997, by as President of Point East Four Condominium Corporation, Inc., a Florida not for profit corporation, on behalf of the corporation, who is (check one) [ ] personally known to me or [ ] has produced as identification. Notary Public, State of Florida My commission expires: Print or Type Name of Notary Public 24 TENANT: CITY OF A VENTURA, a Florida municipal corporation Witness Print Name: By: Name: Eric M. Soroka Title: City Manager Witness Print Name: (MUNICIPAL SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF A VENTURA, FLORIDA: Approved as to legal form and sufficiency City Attorney STATE OF FLORIDA ) ) COUNTY OF DADE ) The foregoing instrument was acknowledged before me this day of , 1997, by Eric M. Soroka as City Manager of the City of A ventura, a Florida municipal corporation, on behalf of the corporation, who is (check one) [ ] personally known to me or [ ] has produced as identification. Notary Public, State of Florida My commission expires: Print or Type Name of Notary Public 25 Exhibit "A" PROPERTY Exhibit "B" PREMISES PARKING AREA Exhibit "C" PARKING LOCATION FOR EMERGENCY RESPONSE VEHICLE Exhibit "D" REOUIRED INSURANCE The following is Required Insurance under this Lease: (1) Casualty insurance including business interruption insurance, insuring Tenant's furniture, fixtures and equipment (including all leasehold improvements) located on the Premises against loss or damage by fire or other casualty in an amount equal to the full replacement value. (2) Comprehensive general liability insurance containing the so-called "occurrence" clause (which shall include specifically the Premises) with coverage limits not less than: (i) bodily injury each occurrence: aggregate: $1,000,000 1,000,000 (ii) property damage each occurrence: aggregate: $ 500,000 1,000,000 (3) with coverage against such perils and casualties as are common included in "all risk" insurance policies and (4) by Laws. Worker's compensation and employer's liability insurance in amounts as required If any of the foregoing policies are not available at a commercially reasonable price, Tenant may substitute reasonably equivalent coverage. 328002\Point\Lease.OO3 RESOLUTION NO. 97-_ 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 LEASE AGREEMENT BETWEEN THE CITY OF AVENTURA AND POINT EAST ONE CONDOMINIUM CORPORATION, INC., POINT EAST TWO CONDOMINIUM CORPORATION, INC., POINT EAST THREE CONDOMINIUM CORPORATION, INC., AND POINT EAST FOUR CONDOMINIUM CORPORATION, INC., TO PROVIDE FOR THE ESTABLISHMENT OF A FIRE RESCUE SUBSTATION; 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 that certain Lease Agreement between the City of Aventura and Point East One Condominium Corporation, Inc., Point East Two Condominium Corporation, Inc., Point East Three Condominium Corporation, Inc., and Point East Four Condominium Corporation, Inc., to provide for the establishment of a fire rescue substation, in substantially the form as attached hereto. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described in Section 1 above, and to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. Resolution No. 97-_ Page 2 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 Council member Harry Holzberg Councilmember Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED this th day of October, 1997. ARTHUR I. SNYDER,MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS/tms CITY OF A VENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Council DATE: October 1,1997 FROM: SUBJECT: Resolution Authorizing Execution of Development Agreement Between the City and Trafalgar Associates of Aventura, Ltd. (Aventura Lakes) October 7,1997 City Council Meeting Agenda Item 112.. RECOMMENDATION It is recommended that the City Council adopt the attached Resolution, which authorizes the execution of the Development Agreement between the City and Aventura Lakes which addresses road, landscaping, street lighting and development review issues. BACKGROUND In accordance with prior development approvals, the developer'of Aventura Lakes was responsible for the construction of a portion of N.E. 213th Street, N.E. 30th Avenue and landscape and street lighting improvements to N.E. 20ih Street. The attached Development Agreement is the result of the various meetings and discussions to address the outstanding issues. The major points of the Agreement are as follows: 1. N.E. 213th Street will be constructed as a four-lane divided roadway with median from Aventura Commons' property line to N.E. 34th Avenue. The work shall commence no later than 45 days from obtaining all necessary approvals and shall be completed within 180 days of installation of the City's drainage facilities. 2. Trafalgar agrees to contribute $50,000 toward the landscaping of the N.E. 213th Street median. Memo to City Council Page 2 3. Trafalgar agrees to contribute $226,000 to the City as its share of lighting, landscaping and median improvements on N.E. 20ih Street. 4. East one-half of N.E. 30th Avenue will be constructed from N.E. 20th Street to N.E. 213th Street in conjunction with Aventura Commons completing the western portion prior to December 31, 1997. 5. The City will allow Trafalgar to apply for impact fee credits from Dade County for off-site improvements. 6. The City will allow Trafalgar to continue to obtain building permits prior to final plat approval. However, no certificates of occupancy will be issued prior to the recordation of the plat. Although the Agreement does contemplate some concessions with respect to landscaping on N.E. 20ih Street and N.E. 213th Street, it is very significant in terms of expediting needed roadway improvements. Most importantly, it provides for developer contribution toward landscape and street lighting improvements to N.E. 20ih Street. If you have any questions, please feel free to contact me. EMS/aca Attachment cc0379-97 RESOLUTION NO. 97-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF AVENTURA AND TRAFALGAR ASSOCIATES OF AVENTURA, LTD., CONCERNING ROAD AND DRAINAGE RIGHT -OF-WAY AND IMPROVEMENTS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the attached Development Agreement provides for certain improvements to the City's public right-of-way and the contributions toward landscaping and streetlighting improvements which are beneficial to the City of Aventura; and WHEREAS, approval of the Development Agreement is in the best interest of the City of Aventura. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AS FOLLOWS: Section 1. That the Development Agreement, in substantially the form attached hereto, is hereby approved and the City Manager is hereby authorized to execute such Development Agreement on behalf of the City of Aventura. Section 2. That the City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. That this Resolution shall be effective immediately upon adoption hereof. The foregoing Resolution was offered by Council member , who Resolution No. 97-_ Page 2 moved its adoption. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: Council member Arthur Berger Councilmember Jay R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Council member Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED this 7TH day of October, 1997_ ARTHUR I. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY CITY ATTORNEY - 2 - 3053776222 BERCaW & RRDELL PRo 222 P02 OCT 01 '97 12:55 DEVELOPMENT AGREEMENT This Development Agreement is entered into between Trafalgar Associates of Aventura, Ltd. ("Trafalgar"), and the City of Aventura ("City") as of the _ day of October, 1997. WHEREAS, Trafalgar is developing the A ventura Lakes residential development ("A ventura Lakes") and, in conjunction therewith, is installing certain on-site and off-site infrastructure; and WHEREAS, City desires that Trafalgar provide certain improvements to road rights-of-way adjacent to Aventura Lakes, and Trafalgar desires to do so on the tenns hereinafter provided; NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree as follows: I. N .E. 213 Street. Trafalgar shall, construct a four-lane road along proposed N.E. 213 Street from the northerly projection of the westerly property line of Aventura Lakes to N.E. 34 Avenue in accordance with the "2131l1 Plans" described in that certain Development Agreement dated September ---' 1997, by and among Trafalgar, City, and A ventura Commons Associates, Ltd. (the "3 Party Agreement"), a copy of which is attached hereto as Exhibit A. This work shall be commenced no later than 45 days from obtaining all necessary approvals of the 213m Plans, and shall be completed within 180 days of installation of City's drainage facilities within the N.E. 213 Street right-of-way north of Aventura Lakes. The colUlection ofN.E. 213 Street to N.E. 34 Avenue is conditioned upon dedication by Coscan Florida, Inc. (the Waterways) ofland necessary for the intersection ofN.E. 213 Street and N.E. 34 Avenue, as shown on the 213th Plans. City shall use it best efforts to obtain such dedication from Coscan. Trafalgar shall dedicate the land beneath the southernmost three-lanes of the portion of proposed N .E. 213 Street referenced above for road right of way with the plat of the Trafalgar property (or by deed at any time prior thereto if so requested by the City). 2. LandscaDine: - N.E. 213 Street. Trafalgar agrees to contribute $50,000 toward the cost of landscaping the median to be located within N.E. 213 Street by December 1999. After the City completes the landscaped median, the City shall maintain the landscaping within the median, and repair and replace such median (including the landscaping) when necessary at its sole cost. 3. N.E. 207 St. Imnrovements. Trafalgar shall pay to City $226,000, , representing its full share of the costs of lighting, landscaping and median work for N .E. 207 Street (collectively, the "N.E. 207 Street Improvements"). This amount shall be due to the City by November I , 1997. City shall be responsible for constructing and installing the N .E. 207 Street Improvements including any increased costs resulting from changes in the scope of work set forth in the plans for the N.E. 207 Street Improvements . " I 3053776222 BERCOW & RADELL PA. 222 P03 OCT 01 '97 12:55 and any increases in costs of the N.E. 207 Street Improvements required by the City as part of its permitting process, to the extent such requirements exceed what is shown On the plans for the N.E. 207 Street Improvements. In no event shall Trafalgar's financial responsibility for the N.E. 207 Street Improvements exceed $226,000. 4. N.E. 30 Avenue. Trafalgar agrees to build the east one half ofN.E. 30 Avenue from N.E. 207 Street northward to the southern bOWldary of the Aventura Commons shopping center in accordance with the "30'h Plans" described in the 3 Party Agreement. Trafalgar agrees to build one lane for N.E. 30 Avenue, with the median and a left turn lane (northbound to westbound) on N.E. 209 Street. Trafalgar agrees to complete such work no later than December 31, 1997, provided that the City timely approves the N.E. 30 Ave. Plans and provided further that City's installation of drainage improvements within the N.E. 30 Avenue right-of-way does not interfere with such roadway construction by Trafalgar. Since the presently contemplated construction of N.E. 30 Avenue includes portions of road right-of-way which should have been constructed by abutting landowners on the west side ofN.E. 30 Avenue, the City agrees that it shall use its best efforts to collect a "fair share" portion of roadway improvement costs from abutting landowners at the time of such abutting landowners commence development of their respective properties. City shall transmit such "fair share" payments, if any, to Trafalgar, within ten days of the City's receipt thereof, as reimbursement for Trafalgar's costs of construction for N.E. 30 Avenue, which should have been constructed by abutting landowners on the west side ofN.E. 301h Avenue. Otherwise, the City shall have no duty to provide reimbursement. 5. Road Imoact Fee Credits. City shall allow Trafalgar to apply towards construction costs associated with improvements, all "contribution in lieu of fee approvals" (road impact fee credits) available from Dade COWlty relating to construction by Trafalgar of (a) the additional, northemmost fourth lane ofN.E. 213 Street; (b) the street lighting component of the N_E. 207 Street Improvements; and (c) a portion ofN.E. 30 Avenue, In this regard, City shall cooperate with all reasonable requests ofTrafalgar relating to obtaining such contributions in lieu of fee approvals. Such credits shall not diminish or reduce Trafalgar's obligations to City under this Agreement, or delay Trafalgar's performance. 6, A ventura Lakes Permits. Provided that Trafalgar is otherwise in compliance with the terms of this Agreement, the 3 Party Agreement and all other applicable zoning approvals, the City will continue to issue building permits for dwelling units within A ventura Lakes, prior to final plat approval. Provided, however, that in no event shall the City be required to issue certificates of occupancy for such dwelling units prior to recordation of a final plat for the property on which such dwelling unit is located. 7. Bonds. City agrees to accept a dual obligee performance bond from Trafalgar's engineering contractor for road and related improvements. Since Aventura Lakes property has been substantially filled to flood level criteria, City also agrees that it will not require Trafalgar to submit a subdivision improvement bond, so long as 2 3053776222 BERCaW & RADELL PA. 222 P04 OCT 01 '97 12:56 Trafalgar's civil engineer certifies in writing that the property has been substantially filled to flood criteria. 8. Letters of Credit. Trafalgar has submitted to the City, and the City has accepted, letters of credit to insure completion of construction of the bulkhead and excavation of the Phase I lakes in accordance with applicable permits, approvals and approved plans. The City agrees that receipt of such letters of credit from Trafalgar, prior to completion of bulkheads for the individual lakes within A ventura Lakes and prior to the submission of as built surveys for such bulkhead work, is satisfactory, and that final plats will be approved without as built surveys and prior to completion of such work. City will accept a rollover of these letters of credit for lake excavations in Phase II of A ventura Lakes (provided Phase I lake excavations are completed), and will approve plats on the same basis as for Phase I, as provided above. 9. Substantial Comnliance and Plat AnDrovals. (a) City has reviewed the revised plans for Phase I of A ventura Lakes, described on Exhibit "C" attached hereto, and has determined that such revised site plans for Phase I of A ventura Lakes substantially comply with the site plan approved at public hearing and referenced in the recorded Declaration of Restrictions. Therefore, City has administratively approved such revised site plan. (b) Trafalgar will request a revised tentative plat approval, and then a final plat approval, for Phase I of A ventura Lakes. Provided that such revised tentative plat and fmal plat are consistent with the site plan approved pursuant to paragraph 9 (a) above, City shall approve the revised tentative plat and final plat without any conditions other than the conditions set forth in the presently approved tentative plat for Phase I (T-19705). (c) City acknowledges that the revised site plan for Phase I of A ventura Lakes, as described in subparagraph 9(a) above, reflects a total of200 lots. City further acknowledges and agrees that Trafalgar continues to be vested for development of a maximum of 485 dwelling units in all of Aventura Lakes, and that 285 dwelling units will be permitted within Phase II of A ventura Lakes, subject to site plan approval. Based on the foregoing, City agrees to approve a revised master tentative plat and tentative plat for A ventura Lakes Phase II that simply allocates 285 dwelling units to Phase II property (without showing 285 individual lots), provided that prior to finaI plat approval for Phase II Trafalgar shall apply for and obtain approval of a revised site plan for Phase II and a revised tentative plat for Phase II that shows the Phase II property subdivided into a maximum of 285 lots. The 285 lots are subject to the establishment of lot lines in the revised site plan and revised tentative plat for Phase II, in accordance with applicable law and prior zoning approvals. The final plat for Phase II shall subdivide the Phase II property in a manner that is consistent with such revised Phase II site plan and tentative plat. 10. General. Both parties shall take all steps reasonable necessary or appropriate to implement the provisions of this Agreement and shall execute such reasonable documentation as may be requested in furtherance thereof. In the event any 3 3053776222 BERCaW & RADELL PA. 222 P05 OCT 01 '97 12:56 sum payable hereunder is not paid when due, interest shall accrue thereon at the highest lawful rate. In the event of litigation hereunder, the prevailing party shall be entitled to an award of coun costs and reasonable attorney's fees at all tribunal levels. Each party shall act in good faith and diligence to implement the provisions of this Agreement and to minimize delay in the construction contemplated hereby. In the event of "Acts of God," strikes, force majeure, or other causes of delay beyond the control of the parties, reasonable extensions of time to perform acts required hereunder shall be granted. Notwithstanding any other remedy that may be permitted by law, each of the parties hereto shall have the right, but not the obligation, to seek enforcement of the terms hereof by injunction and/or specific performance, notwithstanding the availability of any other remedies at law. Nothing in this Agreement shall waive the requirements of the City's ordinances. 4 3053776222 BERcaw & RADELL PA. 222 P06 OCT 01 '97 12:57 IN WITNESS WHEREOF the undersigned have caused this instrument to be executed as of the day and date first above written. Attest: Teresa M. Smith, CMC City Clerk Approved as to legal sufficiency: City Attorney Sign Nam..",.~ -.::-;, ~ Print Name: Ramon R. 1'...1'1_ Jr. ::~~/ 5 CITY: THE CITY OF A VENTURA By: Eric Soroka, City Manager TRAFALGAR: TRAF ALGAR ASSOCIATES OF A VENTURA, L TO. By~!,::gar Associates B~~ A~~~~eral Partner Print Name: RaIoon R. cacicedo Title: President CITY OF A VENTURA FINANCE SUPPORT SERVICES DEPARTMENT MEMORANDUM TO: FROM: BY: pport Services Director DATE: October 2,1997 SUBJECT: Resolution on Towing, Wrecker and Storage Services Octoberih, 1997 Council Meeting Agenda Item rr /) Recommendation It is recommended that the City Council adopt the attached resolution authorizing the City to enter into two contracts based on our RFP for Towing, Wrecker and Storage Services. The first contract is with Seay Towing, Inc. who will be the primary company to perform said services. The second contract is with Midtown Towing of Miami, Inc. to provide backup services for emergencies or on scenes where multiple wreckers are required beyond the capability of Seay Towing, Inc. Background As you are aware, the City has solicited and received proposals from firms to provide Towing, Wrecker and Storage Services. RFP #97-9-4-10 was advertised in the Miami Herald in August. A total of thirteen firms were mailed copies or picked up copies of the RFP. A pre-proposal conference was held on Auwust 21st. Based on input at that conference, Addendum #1 was issued on August 26t , 1997. On September 4th we opened sealed proposals from a total of six (6) companies. A tabulation of the proposers is attached hereto as Attachment #1. A copy of the proposal forms and documents of the four firms who submitted proposals for the highest exclusive service agreement fee were forwarded to the Police Department for review and investigation (references, background checks, equipment meeting requirements, etc.). Based on that Department's review of these four companies, Chief Ribel has recommended that Seay Towing, Inc., who proposed the third highest exclusive service agreement fee, be awarded the contract (memo included as Attachment #2). I concur with Chief Ribel's recommendation. Reliable Towing's bid was non-complying in that Page (2) Resolution on Towing, Wrecker and Storage Services their bid bond was submitted two hours late and they are not licensed in Dade County. Police investigation revealed that Nolan North did not have an inside storage facility or a Class C Tow Truck, as are necessary to properly perform the services. The non- complying matters of both Reliable Towing and Nolan North (as discussed above) are sufficiently serious that I also recommended their proposals be rejected as non- complying. The third highest proposer, Seay Towing met all requirements per review of proposals and actual operations. The Chief, therefore, recommends that we award the contract to Seay Towing. I concur that Seay is the most responsive and responsible proposer and ask that the City Council award the contract to Seay. Chief Ribel also recommends that Midtown Towing of Miami, the next highest proposer be awarded the role of backup to Seay for emergencies or on scenes where multiple wreckers are required beyond the capability of Seay. I also believe this to be prudent and endorse his recommendation. In order to effectuate these recommendations, I request that the City Council approve the resolution rejecting the proposals of Reliable Towing and Nolan North and authorizing a primary contract with Seay Towing, Inc. and a backup contract with Midtown Towing of Miami. HMKlmn FSS131-97 t ~ I Z ::;;0 :J 0:::J 0 0::;; W 0 u.0 0 Od; ..JOO <( 0::- <(1-'" 0 <(~ (J)o::'" ~ 5:'" OOW W OZ ::;; o..u.'" ~ 0:: 0::0 :J O(J)O Z :J ",Z 0 0::_1- W (J) ::;;0 z a.. Q' U) ::;; Z 00 W U.OO ::;; W~o::Z 0 OWW 0 gZLLI- 0 >-IW 0 --'::JW<( <( o..OZ 1-00::0 u. 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Z >- >- >- >- >- o-oQ ()1Il~m I- 0 0 0 0 0 0 ~wz 0 '" 0 0 0 0 0 N 0 0 0 0 -ow to- '" N '" '" ~ (/)-:Ew ~ ~ ~ =>>ww ...JC:::wu. owo:: t;)(J)" <( 0 W ~ 0 :il 5 ~ <( W 0:: :ill- W ~ W "5: :J I- (J)>- I- U.w Z "w Z 0::<( ~I w Ow w ZW w5: 5:" _W ,,0:: > _0:: >- ~II 00:: ,,<( 5:1- Z ><:I ~t.iI zl- 0(J) <( 0" _(J) Z"" 0.. w-w :r:!:!:!u ciLO~ 5:0 -~ I-to- 5:- N ::;; O::I..J 1-><<( ON 1-~;2 a::O~ Z"'W OW 0 5:W<( -~'" I-~ (J). 0 WXO ~:;::il 5:uJ- zW f-Z_ <(5:0 --'5Z o -::;; 5:z_ o::"'~ o -0 ~:'S Z",<( I-Z<( 0",<( OZ..J :'S~:il ~~:il ~~~ Ito-- 00<( _Z..J 0"'::;; ..J~<( ..J"'o.. 0'" - ON- ZC\lZ 0"'0 ~(f)I Z~Z (J)NZ :ilN::;; <(~ "N CITY OF A VENTURA Attachment 2 POLICE DEPARTMENT MEMORANDUM FROM: TO: DATE: October 3, 1997 SUBJECT: Bid for Towing, Wrecker & Storage Service We have concluded our review of the proposals of the top four vendors for towing, wrecker & storage service. I recommend that Seay Towing be awarded the contract based on the following. 1. Reliable Towing submitted the highest bid at $17,000.00 for the franchise fee. Reliable Towing failed to comply with two of the bid requirements. Reliable Towing does not have a Dade County Occupational License and they failed to post a bid bond at the time of the bid opening. 2. Nolan's North submitted the second highest bid at $15,250.00. Nolan's North failed to comply with two of the bid requirements. Nolan's North does not have a building with inside storage and they do not own a Class C wrecker. Nolan's North submitted documents in their bid stating that they had inside storage at 2650 NE 189 St. The owner stated he would lease that location if he were awarded the bid. They also provided information indicating they had a 1986 International Class C wrecker. Our investigation determined that they do not have this wrecker in their fleet. The owner stated he would purchase a Class C wrecker if he were awarded the bid. 3. Seay Towing submitted the third highest bid at $12,000.00. Seay Towing's bid is in order. All applicable licenses have been checked. They have both inside and outside storage. They have Class A, B & C wreckers. Seay had favorable references. Seay has been towing for Aventura for the past five months. Aventura road and communications supervisors submitted favorable references regarding their service. 4. Midtown Towing was the fourth highest bidder at $8,000.00. I recommend that Midtown be used as an alternate. Midtown would be called if Seay were unable to respond or unreasonably delayed. They would also be used in emergencies or on scenes where multiple wreckers are required beyond the capability of Seay. A final equipment inspection is pending upon the award of bid to Seay Towing cc: Harry M. Kilgore, Finance Director RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, REJECTING THE PROPOSALS OF RELIABLE WRECKER SERVICE AND NOLAN NORTH TOWING AS NON-COMPLYING WITH REQUIREMENTS; AWARDING A CONTRACT FOR RFP NO. 97-9-4-10 FOR TOWING, WRECKER AND STORAGE SERVICE TO SEAY TOWING, INC.; AWARDING A CONTRACT TO MIDTOWN TOWING OF MIAMI, INC AS THE BACKUP PROVIDER OF TOWING, WRECKER AND STORAGE SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Aventura, Florida, has, pursuant to the various laws of the State of Florida and the Ordinances of the City of Aventura, properly solicited and accordingly accepted proposals for RFP NO. 97-9-4-10, TOWING, WRECKER AND STORAGE SERVICE; and WHEREAS, sealed proposals were submitted to and received by the City on September 4th, 1997, pursuant to the City's Request for Proposals as cited above; and WHEREAS, staff has recommended that the proposals of Reliable Wrecker Service and Nolan North Towing be rejected as non-complying with RFP requirements; and WHEREAS, staff further recommends that SEA Y TOWING, INC. be awarded the contract as the firm who submitted the most responsible and responsive proposal for said service; and WHEREAS, staff further recommends that a second company be awarded a contract as a backup to be used in emergencies or on scenes where multiple wreckers are required beyond the capability of Seay Towing, Inc.; and WHEREAS, staff recommends that Midtown Towing of Miami, be awarded a contract as the backup Towing, Wrecker and Storage Service as the next most responsive and responsible proposer; and Resolution No. Page 2 WHEREAS, the City Council, upon the recommendation of the City Manager, is therefore desirous of awarding said contract to said most responsible and responsive proposers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AS FOLLOWS: Section 1. That the proposals submitted by Reliable Wrecker Service and Nolan North Towing are hereby determined to be non-complying with the requirements of RFP #97-9-4-10 Towing, Wrecker and Storage Service and are, therefore, rejected. Section 2. That the contract for RFP NO. 97-9-4-10, TOWING, WRECKER AND STORAGE SERVICE be and the same is hereby awarded to Seay Towing, Inc. as the most responsive and responsible proposer. Section 3. That the City Manager is hereby authorized to execute, on behalf of the City, the attached contract by and between the City and Seay Towing, Inc. for the provision of Towing, Wrecker and Storage Services. Section 4. That a contract for a backup Towing, Wrecker and Storage Service to be used in emergencies or on scenes where multiple wreckers are required beyond the capability of Seay Towing, Inc. be awarded to Midtown Towing of Miami, Inc as the next most responsible and responsive proposer. Section 5. That the City Manager is hereby authorized to execute on behalf of the City, the attached contract between the City and Midtown Towing of Miami for the provision of backup Towing, Wrecker and Storage Services. Section 6. That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this resolution in awarding this contract. Section 7. This Resolution shall be effective immediately upon its adoption. Resolution No. Page 3 The foregoing Resolution was offered by, adoption. The motion was seconded by, to a vote, the vote was as follows: who moved its and upon being put Council member Arthur Berger Councilmember Jay R. Beskin Councilmember Ken Cohen Council member Harry Holzberg Councilmember Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED this7th day of October 1997. ARTHURI.SNYDER,MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY AGREEMENT BETWEEN THE CITY OF A VENTURA AND SEA Y TOWING, INC. This AGREEMENT, dated the day of _' 1997, by and between the CITY OF AVENTURA, a municipal corporation, hereinafter referred to as "CITY"; and SEAY TOWING, INC., its successors and assigns, hereinafter referred to as "CONTRACTOR". WHEREAS, the CITY has solicited proposals from firms to provide TOWING, WRECKER AND STORAGE SERVICES; and WHEREAS, the contract for TOWING, WRECKER AND STORAGE SERVICES is awarded to SEAY TOWING, INC., said firm having been determined to be the most responsive and responsible proposer. IN CONSIDERATION of the mutual terms, conditions, premises, and payments hereinafter set forth, the CITY and CONTRACTOR agree as follows: 1. The CONTRACTOR agrees to provide the materials and/or services and to be bound by the terms and conditions of the Request for Proposals, RFP #97- 9-4-10, which includes an Introduction, General Conditions and Special Conditions, and Bid Forms as attached hereto and incorporated herein as Exhibit "A" and to the terms of CONTRACTOR'S PROPOSAL attached hereto and incorporated herein as Exhibit "B". 2. The CITY agrees to abide by and to be bound by; all terms of the Request for Proposal, RFP #97-9-4-10 which includes an Introduction, General Conditions and Special Conditions and Bid Forms as attached hereto and incorporated herein as Exhibit "A" and to the terms of CONTRACTOR'S PROPOSAL attached hereto and incorporated herein as Exhibit "B". 3. CONTRACTOR shall deliver materials and/or provide service when and as directed by the CITY. 4. The CONTRACTOR agrees to make payments in accordance with the terms of the RFP attached hereto and incorporated herein as Exhibit "A" and to the terms of CONTRACTOR'S PROPOSAL attached hereto and incorporated herein as Exhibit "B". 5. The contractor acknowledges that the City has a right to name one or more additional contractors as a backup to be used in emergencies or where multiple wreckers are required beyond the capabilities of CONTRACTOR. 6. This Agreement constitutes the entire agreement between the parties hereto, and its provisions shall not be amended, except in writing, after formal approval by both parties. 7. This Agreement will commence on November 1st, 1997 and expire on October 31st, 2000 unless contractor is otherwise notified by the City. The agreement may be extended for two (2) additional one year periods upon mutual agreement, in writing, by the CITY and CONTRACTOR. 8. CONTRACTOR agrees to indemnify and hold the City harmless from any and all claims, suits, actions, damages, causes of action, or attorney's fees, arising from any personal injury, loss of life, or damage to person or property sustained by reason of or as a result of the products or services supplied or the negligence of the CONTRACTOR, his employees, agents or assigns. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on this day of 1997. WITNESSES: President Secretary CITY OF AVENTURA Eric M. Soroka City Manager ATTEST: APPROVED AS TO FORM Teresa M. Smith City Clerk City Attorney (CITY SEAL) Exhibit A CITY OF A VENTURA REQUEST FOR PROPOSALS FOR TOWING, WRECKER AND STORAGE SERVICE RFP# 97-9-4-10 2999 N.E. 19151 Street, Suite 500 Aventura, Florida 33180 Donald W. Seay SEAY TOWING, I C. CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP#97 -9-4-10 TABLE OF CONTENTS COPY OF ADVERTISEMENT ADV INTRODUCTION 1 - 4 GENERAL CONDITIONS 5 - 12 SPECIAL CONDITIONS 13 - 30 BID BOND FORM Appendix 1 PERFORMANCE BOND FORM Appendix 2 FORM OF CERTIFICATE OF INSURANCE Appendix 3 PROPOSAL FORMS PF1-PF19 Donald w. Seay '-' SEAY TOWING, INC. REQUEST FOR PROPOSALS RFP #97-9-4-10 CITY OF A VENTURA TOWING, WRECKER AND STORAGE SERVICE The Request for Proposal document is available at the Finance Support Services Department located at the below address Monday thru Friday from 8:30 a.m. to 5:00 p.m. or by mail by calling (305) 466-8925. FINANCE SUPPORT SERVICES DEPARTMENT CITY OF AVENTURA 2999 N.E. 191 Street Suite 500 Aventura, FL 33180 Sealed proposals will be received at the above address no later than 10:00 a.m. on September 4,1997 and clearly marked on the outside "TOWING, WRECKER AND STORAGE SERVICE." Any proposals received after said date and time will not be accepted under any circumstances. A public opening will take place in the conference room at the above address, time and date. The City of Aventura reserves the right to reject any or all proposals, to waive any informalities or irregularities in any proposals received, to re-advertise for proposals, or take any other such actions that may be deemed in the best interests of the City. c Eric M. Soroka, City Manager Donald W. Seay SEAY TOWING, INC. -ADV- CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order INTRODUCTION INT.1.1: SERVICES REQUESTED: The City of Aventura is accepting sealed proposals for the towing and storage of vehicles. A more complete scope of services is included as Section 9.1 under the Special Conditions of this proposal. INT.1.2: CONTRACT PERIOD: The initial contract shall be for a period of three (3) years with the right to renew the contract for two (2) additional one year periods upon mutual agreement of both parties. INT.1.3: PROHIBITIONS RELATING TO OTHER BUSINESS INTERESTS: As more fully discussed in Section 9.3 of the Special Conditions of this RFP, the contractor shall not engage directly or indirectly or through a subsidiary or other entity in the automobile paint and body repair or salvage, junkyard or auto recycling business. INT.1.4: EVALUATION OF PROPOSALS: Proposals will be evaluated based upon the criteria contained in Sections 7.1 through 7.3 of the General Conditions and 11.2 of the Special Conditions. PROPOSER'S NAME: Donald w. Seay COMPANY NAME: SEAY TOWING, INC. 1 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP#97-9-4-10 This is not an Order INTRODUCTION INT.2.1: INSTRUCTIONS TO PROPOSERS: A. Proposals will be accepted, untiI10:00AM, Thursday, September 4th, 1997, by the City of Aventura to select a company to provide towing, wrecker and storage services. B. Proposals must be submitted in sealed envelopes and clearly identified as "PROPOSALS FOR TOWING. WRECKER AND STORAGE SERVICE: RFP# 97-9-4-10. C. In order to facilitate review of the proposals, each proposer must submit three (3) complete sets of all proposal forms and one set of the RFP document envelope. D. Proposals shall be submitted to the Office of the City Manager, City of Aventura, 2999 N.E. 1915t Street, Suite 500, Aventura, Florida 33180. E. Questions concerning this RFP should be directed to: Glenn Marcos, Purchasing Technician 2999 N.E. 1915t Street Suite 500 Aventura, Florida 33180 (305) 466-8925 F. The City will hold a pre-proposal conference with all interested companies on Thursday, August 215\ 1997 at 2:00PM in the conference room at the Government Center, 2999 N.E. 1915t Street, Suite 500, Aventura, Florida 33180. At that meeting, City staff will attempt to answer questions and requests for changes to proposal forms and/or the RFP. If any company will be unable to attend this conference, they can submit written questions prior to the date of the conference. Any changes to the RFP and/or proposal forms will be made through formal Addendum after this pre-proposal conference but prior to the proposal submittal date. PROPOSER'S NAME: Donald w. Seay COMPANY NAME: SEAY TOWING, INC. 2 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order INTRODUCTION INT.2.2: PROPOSAL REQUIREMENTS: Proposals must include but need not be limited to, one original and two copies of the complete Proposal Form including Attachments as follows: . Attachment A - Exclusive Service Agreement Fee Proposal Form . Attachment B - Agency Reference List . Attachment B1- Other References . Attachment C - Vehicle & Equipment List . Attachment 0 - Storage Compound Information . Attachment E - Proposer's Qualification Forms . Attachment F - Proposal Exception Form . Attachment G - Indemnification Clause . Attachment H - Sworn Statement Pursuant to Section 287.133, F.S. The City provided proposai form must be completed, signed, notarized and certified as to authorization. Attachments A, B, B1, C, D, and E must be completed using the City provided forms. For attachments G and H, the City provided forms must be signed and notarized. In addition, the proposal packet shall include one copy of the entire RFP document with the proposers company and initials on each page. Also, one original of the bid bond or cashier's check must be included in the sealed envelope. INT.2.3: TIMETABLE FOR REVIEW AND SELECTION: The written proposals will be evaluated by a review committee consisting of employees from the City's Police and Finance Support Services Departments. Based upon this evaluation, the Committee may select one or more companies for further evaluation. If determined appropriate, selected companies will receive a site visit to storage and other facilities. It is currently anticipated that said visits, if required, shall be made during the period from September 8th through 10th A complete background investigation may also be completed for each proposing company. The Committee shall recommend an agreement wiJh the top ranked company to the City Council at their September 16th, 1997 meeting. It is anticipated that the new company would assume full service responsibilities during the month of October 1997. PROPOSER'S NAME: Donald w. Seay .' COMPANY NAME: SEAY TOWING, INC. 3 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order INTRODUCTION INT.3.1: CITY'S RIGHTS RESERVED: The City of Aventura reserves the right to reject all proposals or to reject any proposal not conforming to this Request for Proposal, and to waive any irregularity or informality with respect to any proposal. The City further, reserves the right to request clarification of information submitted and to request additional information from one or more proposers. The City may also negotiate modification to proposals deemed to be in the best interest of the City. INT.4.1: PUBLIC ENTITY CRIME/DISQUALIFICATION: Pursuant to Section 287.133(3)(a), Florida Statute all proposers are advised as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity and may not transact business with any public entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." PROPOSER'S NAME: Dona1d w. Seay It, COMPANY NAME: SElIY TOWING, INC. 4 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order GENERAL CONDITIONS 1.1 TAXES: Proposer should not include taxes in proposal prices. 1.2 PURPOSE OF PROPOSAL: The City of Aventura intends to secure a source of supply(s) of the service needed at the most responsive and responsible price. The City reserves the right to award the proposal considered to best serve the City's interests. 1.3 Any questions concerning the proposal specifications or any required need for clarification should be made at least five (5) days prior to the date of the proposal opening. No plea of ignorance or delay or required need of additional information shall exempt a proposer from submitting his proposal on the required date and time of day as publicly noted. 1.4 Proposer warrants that the prices, terms and conditions quoted in the proposal will be firm for a period of ninety (90) days from the date of the proposal opening unless otherwise stated by the proposer. Incomplete, unresponsive, irresponsible, vague, ambiguous responses to the request for proposal will be just cause for rejection as determined by the City. 1.5 In the event of any conflicts between provisions contained in the General Conditions (Section 1.1 through 8.4) and Special Conditions (Section 9.1 through 16.3), the provisions contained in the Special Conditions shall govern. PROPOSER'SNAME: Dona1d w. Seay J//; COMPANY NAME: SEAY TOWING, INC. 5 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER, AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order GENERAL CONDITIONS 2.1: SUBMISSION OF PROPOSALS 2.1. 1: Proposers must use the proposal form(s) furnished by the City. Failure to do so may cause the proposal to be rejected. Removal of any part of the proposal may invalidate the propose!. 2.1.2: Proposals having an erasure or corrections must be initialed by the proposer in ink. Proposals shall be signed in ink. All quotations shall be typewritten or filled in with ink. 2.2: GUARANTIES: No guarantee or warranty is given or implied by the City as to the total amount of services that mayor may not be purchased from any resulting contract or award. These quantities are for proposal purposes only and will be used for tabulation and presentation of the proposal. The City reserves the right to reasonably increase or decrease quantities as required. The prices offered herein and the percentage rate of discount applies to other representative items not listed in this proposal. 2.3: DELIVERY: All items shall be delivered F.O.B. destination (i.e. at a specific City of Aventura address), and delivery costs and charges (if any) will be included in the proposal price. Exceptions should be noted. When practical, the City may make pick- ups at the vendor's place of business. 2.4: MISTAKES: If there is a discrepancy in the unit and extended prices, the unit price(s) will prevail and the extensions adjusted to coincide. Proposers are responsible for checking their calculations. Failure to do so will be at the Proposer's risk and errors will not release the proposer from his responsibility as noted herein. PROPOSER'S NAME: Donald W. Seay , i. COMPANY NAME: 6 SEAY TOWING, INC. CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER, AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order GENERAL CONDITIONS 3.1: BRAND NAMES: If a brand name, make, of any "or equal" manufacturer trade name, trade name, or vendor catalog is mentioned whether or not followed by the words "approved equal" it is for the purpose of establishing a grade or quality of material only. Vendor may offer equals with appropriate identification, samples and/or specifications on such item(s). The City shall be the sole judge concerning the merits of items proposed as equals. 3.1.2: Provision of any written indication of intent to quote an alternative brand or model number, or designation of objective of the proposal will be considered as a quotation in complete compliance with the specifications as listed, at the discretion of the city, which would best serve the City's interest. 3.2: MATERIAL: Acceptance of any materials delivered under this proposal shall remain the property of the seller until accepted to the satisfaction of the City. In the event materials supplied to the City are found to be defective or does not conform to specifications, the City reserves the right to return the product(s) to the seller at the sellers expense. 3.3: PRICING: Prices should be stated in units of quantity specified in the proposal specifications. In case of a discrepancy, the city reserves the right to make the final determination at the lowest net cost to the City. 3.4: SAFETY STANDARDS: The proposer warrants that the product(s) supplied to the City conforms in all respects to the standards set forth in the occupational safety and health act and its amendments. Proposals must be accompanied by materials data safety sheets (M.D.S.S.) when applicable. 3.5: PAYMENTS: Payment will be made after commodities/services have been received, accepted, and properly invoiced as indicated in the contract and/or purchase order. Invoices must bear the purchase order number. PROPOSER'S NAME: Donald w. Seay, /, COMPANY NAME: SEAY TOWING, INC. 7 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order GENERAL CONDITIONS 4.1: LIABILITY, INSURANCE, LICENSES & PERMITS: Where proposers are required to enter onto City of Aventura property or public right of way to deliver materials or to perform work or services as a result of a proposal award, the proposer will assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, inspections, and insurance required. The proposer shall be liable for any damages or loss to the city occasioned by negligence of the proposer (or his agent) or any person the proposer has designated in the completion of his contract as a result of the proposal. Contractor shall be required to furnish a certified copy of all licenses, certificates of competency or other licensure requirements necessary to perform services hereunder as required by Florida State Statute, South Florida Building Code, Dade County, or City of Aventura Code, if any. These documents shall be furnished to the City along with the proposal response. Failure to furnish these documents or to have required licensure will be grounds for rejecting the proposal and forfeiture of the bid bond. 4.1.2: The vendor shall furnish to the Finance Support Services Director, City of Aventura, 2999 N E 191st Street, Suite 500, Aventura, FL. 33180, certificate(s) of insurance which mdicate that insurance coverages comply with Section 13.1 under Special Conditions of this proposal. 4.1.3: COUNTY LICENSE: No bid may be submitted or awarded unless the proposer has a Dade County license under sec. 30-472 of the County code. PROPOSER'S NAME: Donald W. Seay COMPANY NAME: SEAY TOWING, INC. 8 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order GENERAL CONDITIONS 5.1.1: COMPLIANCE WITH LAW: Proposer shall conduct its operations in compliance with all applicable federal, state, county and local laws; in providing any services hereunder. PROPOSER'S NAME: Donald w. Seay / COMPANY NAME: SEAY TOWING, INC. 9 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order GENERAL CONDITIONS 6.1: ASSIGNMENT: The contractor shall not transfer or assign the performance required by this proposal without prior written consent of the City of Aventura. Any award issued pursuant to this proposal invitation and monies which may be payable by City are not, assignable except with prior written approval of the City of Aventura. 6.2: AWARD OF BIDS: The City of Aventura reserves the right to accept or reject any and/or all proposals or parts of proposals, to workshop or negotiate any and all proposals, to waive irregularities, and to request re-proposals on the required materials or services. The City also reserves the right to award the contract on a split order basis, group by group or item by item, or such combination as will best serve the interests of the City unless otherwise stated. The City also reserves the right to waive minor variations to the specifications (interpretation of such to be made by the applicable department personnel). Final determination and award of proposal (s) shall be made by the City Council. PROPOSER'S NAME: Donald w. Seay I COMPANY NAME: SEAY TOWING, INC. 10 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order GENERAL CONDITIONS 7.1: EVALUATION OF PROPOSALS: The City, at it's discretion, reserves the right to inspect any/all proposers facilities to determine their capability of meeting the City's needs. 7.2: IDENTICAL (TIE PROPOSALS): Shall be awarded by the City in compliance with Florida State Statutes providing for a drug free workplace and also the City of Aventura Ordinance:#96-07, that is, in the event of an identical tie bid, a preference shall be given to a business having a drug free workplace under Florida State Statute 287.087, as amended. Failure to provide proof of compliance when requested shall be just cause for rejection of the proposal as determined by the City, holding the City harmless for such rejection. 7.3: PREFERENCE TO LOCAL BUSINESSES: Pursuant to Section 1,(G), of Ordinance No. 96-07, "businesses located within the (corporate limits) of the City of Aventura. . . shall receive a preference bonus of 10% or 10 points during the tabulation of bid proposals". 7.4: HOLD HARMLESS: All proposers shall hold the City, it's officials and employees harmless and covenant not to sue the City, it's officials and employees from their decisions to reject, award or not award a proposal, as applicable. 7.5: CANCELLATION: Failure on the part of the vendor to comply with the conditions, specifications, requirements, and terms as determined by the City, shall be just cause for cancellation of the award, with the vendor holding the City harmless. 7.6: DISPUTES: If any dispute concerning a question of fact arises under this contract, other than termination for default or convenience, the contractor and the city department responsible for the administration of the contract shall make a-good faith effort to resolve the dispute. If the dispute cannot be resolved by agreement, then the department with the advise of the City Attorney, shall resolve the dispute and send a written copy of its decision to the contractor, which shall be binding on both parties. PROPOSER'S NAME: Dona1d W. Seay COMPANY NAME: 11 SEAY TOWING, INC. CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order GENERAL CONDITIONS 8.1: NONCONFORMANCE TO CONTRACT: The City of Aventura may withhold acceptance of, or reject items or services which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, items shall be removed within five (5) calendar days by the vendor at his own expense and redelivered at his expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and the City shall have the right to dispose of them as it's own property. Rejection for nonconformance, failure to provide services conforming to specifications, or failure to meet delivery schedules may result in the contractor being found in default. 8.2: DEFAULT PROVISION: In case of default by the proposer or contractor, the City of Aventura may cancel the service agreements, procure the articles or services from other sources and hold the proposer or contractor responsible for any excess costs occasioned or incurred thereby. 8.3: INDEMNIFICATION: The contractor shall indemnify, save harmless, and defend the City of Aventura, it's officers, agents and employees from and against any claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct of the contractor, his agents, servants or employees in the provision of goods or the performance of services pursuant to this proposal and/or from any procurement decision of the City including without limitation, awarding the contract to the contractor. 8.4: SECONDARY/OTHER VENDORS: The City reserves the right in the event the primary vendor cannot provide an item(s) or service(s) in a timely manner as requested, to seek and obtain other sources without thereby violating the intent of the cootract. / PROPOSER'S NAME: Donald W. seay,/ COMPANY NAME: SEAY TOWING, INC. 12 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order SPECIAL CONDITIONS 9.1: SCOPE: The City of Aventura is accepting sealed proposals for the towing and storage of vehicles. The contractor shall provide for the removal, impounding, and storage of junk vehicles, abandoned vehicles, illegally parked vehicles, non-driveable vehicles at accident scenes, the vehicles of prisoners arrested by the City of Aventura Police Department, or vehicles that are required to be removed or impounded for any reason that arises; from the public rights-of-way or other areas within the city or from other locations as directed by the City of Aventura. The contractor will provide twenty- four hour towing services, 365 days per year. The contractor will supply the City with priority services. The contractor will be given first call for all wrecker services requested by the City unless a motorist makes a specific request for another wrecker. The City reserves the right to request another wrecker service in an emergency situation. The contractor shall charge for the tow and/or storage of any vehicle directly to the owner or operator thereof, and not to the City, in accordance with the City approved rate schedule. Vehicles towed and/or stored under the provisions of this contract shall only be taken to the approved storage location or to a location approved in writing by the owner. 9.2: INITIAL CONTRACT PERIOD AND CONTRACT RENEWAL The initial contract shall be for a period of three (3) years from execution of the agreement. In addition, the City reserves the right to renew the contract for two (2) additional one year periods, providing that both parties agree that all terms, conditions and specifications remain the same, contingent upon approval by the City Manager and the City Council of the City of Aventura. 9.3: PROHIBITION AGAINST OTHER BUSINESSES: The contractor shall not engage directly or indirectly or through a subsidiary or other entity in the automobile paint and body repair business or salvage, junkyard or auto recycling. Further, the contractor shall not undertake any repairs to, or remove any part or parts from, any veliicle towed or stored pursuant to the provisions herein. Contractor also agrees that during the term of the agreement, contractor shall have no financial ties to a body shop/auto repair shop and will not accept any compensation for referral work on towed vehicles. The contractor agrees to refrain from soliciting any referrals from any auto body and/or repair facilities. I PROPOSER'S NAME: Donald w. Seay :' COMPANY NAME: SEAY TOWING, INC. 13 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order SPECIAL CONDITIONS 10.1: NO CONTINGENT FEE: Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure the agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working for solely for the contractor, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making the agreement. For the breach or violation of this provision, the City shall have the right to terminate the agreement, without liability, at its discretion. 1 0.2: ATTORNEY'S FEES: If the City incurs any expense in enforcing the terms of the agreement whether suit be brought or not, contractor agrees to pay all such costs and expenses including but not limited to court costs, interest, and reasonable attorney's fees. PROPOSER'S NAME: Donald w. Seay' COMPANY NAME: SEAY TOWING, INC. 14 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order SPECIAL CONDITIONS 11.1: ADDENDA, CHANGES OR INTERPRETATIONS DURING BIDDING: Any inquiry or request for interpretation received seven (7) or more days prior to the date fixed for the opening of the proposals will be given consideration. All such changes or interpretations will be made in writing in the form of an addendum and, if desired, will be mailed or sent by available means to all known prospective proposers not later than five (5) days prior to the established proposal opening date. Each prospective proposer shall acknowledge receipt of such addenda in the space provided therefor in the proposal form. In case any proposer fails to acknowledge receipt of such addenda or addendum, his proposal will nevertheless be considered as though it had been received and acknowledged and the submission of his proposal will constitute acknowledgement of the receipt of same. All addenda are a part of the contract documents and each proposer will be bound by such addenda, whether or not received by him. It is the responsibility of each prospective proposer to verify that he has received all addenda issued before proposals are opened. Any questions regarding the specifications may be directed to the Finance Support Services Department, Glenn Marcos, Purchasing Technician, located at 2999 N E 1915t Street, Aventura, FI. 33180, (305) 466-8925. Under no circumstances will the City accept facsimile transmissions in lieu of a sealed proposal. Any proposals received in the above manner will be deemed unresponsive and a "no proposal" will be entered for the proposer. 11.2: BASIS OF AWARD: Award will be made to the most responsive and responsible proposer. Evaluation criteria, in addition to those contained in Sections 7.1 through 7.3 of the General Conditions, are the fee proposed, quantity and quality of equipment and size, location, and appropriate layout of storage facility, and the overall ability to perform the services requested. 11.3: BONDS: The proposer must include a bid bond in the amount of five percent (5%) of the yearly exclusive service agreement fee proposed. Such bond may be in the form of a certified or cashier's check or security bond in the form shown as Appendix 1 to this RFP. In addition, the successful bidder shall furnish a performance bond in the amount of 100% of the yearly Exclusive Service Agreement Fee with the City of Aventura as the obligee, as security for the faithful performance of the contract. The bond shall be issued by a satisfactory surety company authorized to do business in the State of Florida and be in the form shown as Appendix 2 to this RFP. PROPOSER'S NAME: Donald w. Seay COMPANY NAME: SEAY TOWING, INC. 15 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order SPECIAL CONDITIONS 11.4: BID SECURITY FORFEITED, LIQUIDATED DAMAGES: Failure to execute a contract in the form prepared by City and file an acceptable performance bond as provided herein within ten (10) days after written notice of award has been given shall be just cause for the annulment of the award by City and the forfeiture of the bid security to the City, which forfeiture shall be considered not as a penalty, but in liquidation of damages sustained. Award may then be made to the next highest responsible proposer or all proposals may be rejected, as best meets the needs of the City. 11.5: CONTRACT CONTINUITY: In the event services are scheduled to end either by contract expiration or by termination by the City of Aventura (at the City's discretion), it shall be incumbent upon the contractor to continue the service, if requested by the City, until new services can be completely operational. At no time shall this transition period extend more than ninety (90) days beyond the expiration date of the existing contract. PROPOSER'S NAME: Donald w. Seay COMPANY NAME: SEAY TOWING, INC. 16 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order SPECIAL CONDITIONS 12.1: COMPLAINTS OR DISPUTES: The contractor agrees that any complaints received by the City concerning misconduct on the part of the contractor, such as excessive charges, poor business practices, damage to vehicles, etc., will be referred to the office of the Deputy Chief of Police for appropriate action. The contractor agrees to make any complaints concerning the City of Aventura available to the City Manager or his designee for actioll as required. 12.2: PERSONNEL:The contractor shall have a minimum of three years experience in towing any and all types of vehicles including motor vehicles, truck tractors, trailers, tank trailers, and boat trailers. The contractor shall have qualified trained employees. No less than two operators shall be on duty at all times to avoid delays and be able to respond to a scene within thirty (30) minutes. The contractor shall agree to have in its personnel file, a D.MV report on each driver that it updates annually. Contractor agrees to ensure that all drivers posses a valid commercial drivers license in accordance with the law. It also will ensure that all drivers used on City calls shall be neat, clean, courteous, sober and competent in operating skills. Contractor agrees to be responsible for such drivers. 12.3: RESPONSE TIME: The contractor shall respond within thirty (30) minutes with appropriate towing equipment to handle a towing call requested by any authorized representative of the City of Aventura Police Department. If said response time exceeds thirty (30) minutes, said delay may be punishable by a $50.00 fine charged to the contractor. In the event that the call for a wrecker is for a non-emergency towing service of a City vehicle, then the response time shall be 45 minutes with appropriate towing equipment to handle the call. If said response time exceeds 45 minutes for a non-emergency tow of a city vehicle, said delay may be punishable by a $50.00 fine charged to the contractor. The enforcement of the fine provisions shall be at the direction and discretion of a city police representative who will take into col'1sideration mitigating circumstances which may have caused the untimely response. The contractor agrees to pay any fines assessed and to reimburse the City within 30 days, for any fees or expenses incurred because :Jf the contractor's failure to respond to a call within the response time period or because of the contractor's inability to respond with sufficient equipment to complete the towing assignment. PROPOSER'S NAME: Donald W. Seay COMPANY NAME: SEAY TOWING, INC. 17 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order SPECIAL CONDITIONS 12.4: LICENSING: The successful proposer shall be licensed and certified by all appropriate State and Local agencies. The contractor shall procure at it's own expense, all necessary licenses and permits. The contractor shall conform to all applicable laws, regulations, or ordinances of the State, County, and City. 12.5: EQUIPMENT: The successful proposer shall provide and maintain and have available at all times a minimum of three tow trucks rated class "A" wreckers. One (1) class "B" wrecker, one (1) class "C" wrecker, and one class "A" or "B" flatbed. All tow trucks shall be equipped as described in the section 15.1 entitled "Minimum Standards". During severe storms and emergencies, the successful proposer will have available one additional tow truck. 12.6: STORAGE: The contractor must provide storage for impounded vehicles. The Storage area must be of a size to hold a minimum of one hundred vehicles, properly spaced to provide access for removal or addition of vehicles. The storage area must have a durable surface, properly drained and enclosed. No repair work or servicing of vehicles shall be permitted in the storage area. The contractor will provide on a twenty- four hour basis, attendants and sufficient equipment for immediate response to calls for service from the City of Aventura Police Department or other defJal lmems of the City of Aventura. In addition, the, contractor will make available, adequate personnel to staff the storage compound from 7:00 AM. to 7:00 P.M., Monday thru Saturday for the purpose of releasing vehicles to the owners. The contractor further agrees to provide on call, personnel to release vehicles between 7:00 P.M. and 7:00 AM. on Monday thru Saturday and at all times on Sunday and/or holiday. The contractor will not change the storage facility location without written permission from the City of Aventura. Contractor shall provide storage for towed vehicles in the outside enclosure area unless specific written instructions are given for inside storage by the owner of the vehicle or by the attending city official. Cars designated for outside storage shall be charged at the outside storage rate. If the contractor prefers to use inside storage, he shall not charge a higher rate than the outside storage rate. If, in the opinion of the police officer at the scene, the vehicle requires special weather protection, he or she will so note it on the vehicle storage receipt and the contractor shall be required to completely cover the car with a weather proof material and shall be allowed to charge the sum of fifty cents ($.50) per day for this service. PROPOSER'S NAME: COMPANY NAME: 18 Donald W. Seav' SEAY TOWING, INC. CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order SPECIAL CONDITIONS 12.7: INSIDE STORAGE: Contractor shall furnish inside storage for at least five (5) vehicles which are of a c('~dition that inclement weather could result in damage thereto. Said area shall be enclosed by solid walls, roof and access door. Vehicles stored with a police hold shall be maintained in a designated secure and covered locations and not disposed of or released unless authorized by the City of Aventura Police Department. 12.8: CONTRACTOR'S LIABILITY: The contractor's liability for a towed vehicle and all personal property contained therein, shall commence with the time the wrecker is hooked into the vehicle to be towed. The contractor shall have his employee, representative, or agent inventory jointly with a police officer, or owner, or possessor of the vehicle, all personal property in the vehicle(s) (exclusive of any evidence impounded by police) which the contractor is directed to tow. The contractor agrees to assume full responsibility for any articles of personal property left in the vehicle and listed on the property receipt form. The contractor agrees to replace any such articles upon verification of the loss by the Aventura Police Department or other law enforcement agency. D Personal property in the vehicles stored by the contractor shall not be disposed of to defray any charges for towing and storage of vehicles, without a court order. D Contractor shall assume responsibility for theft from, or of, any vehicle stored in the contractor's compound. In the event that the contractor has in his possession a vehicle or personal property that is determined pursuant to Florida State Statutes, to be abandoned; disposal and/or any transfer of title to the property shall be regulated pursuant to chapter 705, F. S. S. The City reserves the right to cancel a request for services of the contractor at any time, including up to the time of hook-up. The contractor shall agree that the mere response to a service call scene without other action does not constitute a service caN for which charges are applicable. 12.9: REPORTS: All inventory records of personal property in the vehicles which have been towed shall be made in triplicate, and signed by the contractor or it's agent. One copy shall be maintained by the contractor as a permanent record, one copy of the inventory shall be given to the owner or operator of the vehicle being towed, if known, or securely attached to the vehicle, and one copy shall be retained by the City of Aventura. PROPOSER'S NAME: Donald W. Seay COMPANY NAME: SEAY TOWING, INC. 19 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order SPECIAL CONDITIONS The contractor shall maintain such personal property in an appropriate locked room. The contractor will provide to the City of Aventura Police Department a complete and detailed list of the vehicles towed pursuant to this agreement and which have remained on the contractor's lot for a period in excess of thirty (30) days. Information will be provided to the city relating to personal property coming into the contractor's control as a result of this agreement, which has remained in the contractor's control for a period in excess of thirty (30) days. The contractor, immediately upon impounding or removing any vehicle, shall prepare, without charge, a written report of the description of the vehicle, which report shall include: A Make & Model of the vehicle B. License Number C. Vehicle identification number D. Number of tires E. Condition of vehicle F. Name, address & phone number of towing service G. Towing charges H. Storage charges I. Facility to which vehicle was towed. A copy of the report shall be signed by the contractor and delivered to the Aventura Police Department. The contractor shall comply with Sec. 715.05, Florida Statute. PROPOSER'S NAME: Donald W. Seay COMPANY NAME: SEAY TOWING, INC. 20 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order SPECIAL CONDITIONS 13.1: INSURANCE: The contractor shall purchase and maintain, in full force and effect for the life of the contract, at contractor's sole expense, the following required insurance policies: 1. A business automobile policy which covers any auto used in connection with this agreement, regardless of whether the vehicle is owned, rented, hired or borrowed by the contractor. Minimum limits for bodily injury/property damage liability shall be $500,000 per occurrence. 2. A comprehensive general liability policy with minimum coverage limits of $500,000.00 for bodily injury and property damage per occurrence. 3. A comprehensive garage-keepers legal liability policy with minimum combined single limit coverage of $500,000.00 for bodily injury and property damage. 4. A garage liability policy with minimum combined single limit coverage of $500,000.00 for bodily injury and property damage. 5. A worker's compensation and employer's liability policy which covers all of the contractor's employees to be engaged in work on this contract as specified by and in accordance with F.S.S. 440. The City of Aventura shall be named as additional insured on policies listed as 1 - 4 of the contractor's above required policies of insurance. The form and types of coverage and sufficiency of insurer shall be subject to approval of the City Manager. The contractor agrees to indemnify, defend and hold harmless the City of Aventura from and against any and all claims, suits, judgments, executions and/or liabilities as to bodily injuries and/or property damages which arise or grow out of this contract or contractors performance or operations hereunder. Copies of all policies or certificates of such insurance shall be delivered to the city, and said documentation shall provide for the City to be notified a minimum of thirty (30) days prior to any cancellation, termination, reduction or non-renewal of any required insurance policy. 21 I,' Donald W. Seay SEAY TOWING, INC. CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order SPECIAL CONDITIONS 13.1: INSURANCE: (cant.) The contractor shall also, upon request by the City, provide copies of all official receipts and endorsements as verification of contractor's timely payment of each insurance policy premium as required by this contract. PROPOSER'S NAME: Dona1d w. Seay i COMPANY NAME: SEAY TOWING, INC. 22 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order SPECIAL CONDITIONS 14.1: CONTRACTOR'S RELATION TO THE CITY: It is expressly agreed and understood that the contractor is in all respects an independent contractor as to all work hereunder, and that the contractor is in no respect an agent, servant or employee of the City of Aventura. This contract specifies the work to be done by the contractor, but the method to be employed to accomplish this work shall be the responsibility of the contractor, unless otherwise provided in the contract. 14.2: OTHER SERVICES: Nothing contained in the agreement will prevent the owner or operator of a motor vehicle from calling a wrecker or tow truck of their own choice or requesting that their vehicle be towed to a garage or compound other than that of the contractor. 14.3: REMOVAL OF DEBRIS: The contractor agrees that, upon arrival at an accident scene, the tow truck operator will remove from the site, any hazardous debris, spilled petroleum products, or volatile items, unless conditions warrant that the County Fire Department render assistance, as determined by hazardous materials response team. (Usually 10-15 Gallons of materiaL) All items shall be removed and disposed of in compliance with O.S.HA guidelines and amendments thereof. 14..4:-VICTIMS OF CRIME: The contractor agrees, notwithstanding other provisions of the specifications, that it will not charge persons who have been victims of crimes, for the towing and storage of their vehicles. 14.5: DISCRIMINATORY PRACTICES: The contractor shall not deny service, deny access, or deny employment to any person on the basis of race, color, creed, sex, religion or national origin. The company will strictly adhere to the equal employment opportunity requirements and any applicable requirements established by the State of Florida or the Federal Government. PROPOSER'S NAME:Donald w. Seay COMPANY NAME: SEAY TOWING, INC. 23 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order SPECIAL CONDITIONS 15.1: MINIMUM STANDARDS: ALL CLASS "A" TOW TRUCKS' MUST MEET THE FOLLOWING STANDARDS: A. MINIMUM MANUFACTURE CAPACITY OF 10,000 GVW. B. BOOM CAPACITY OF NOT LESS THAN FOUR (4) TONS. C. POWER WINCH PULLING CAPACITY OF NOT LESS THAN FOUR (4) TONS. D. MINIMUM OF 100 FT. OF 3/8" CABLE. E. CRADLE OR TOW PLATE OR TOW SLING TO PICK UP VEHICLES. CRADLE OR TOW PLATE TO BE EQUIPPED WITH SAFETY CHAINS AND SO CONSTRUCTED THAT NO FURTHER DAMAGE WILL OCCUR WHEN PICKING UP VEHICLES. F. DUAL WHEELS. CLASS "B" TOW TRUCKS SHALL MEET THE FOLLOWING MINIMUM STANDARDS: )., A. MINIMUM MANUFACTURE CAPACITY OF 15,000 POUNDS GVW. B. BOOM CAPACITY OF NOT LESS THAN 6 TONS. C. POWER WINCH PULLING CAPACITY OF NOT LESS THAN 4 TONS. D. MINIMUM OF 100 FT. OF 3/8 INCH CABLE OR LARGER. E. TOW SLING AND DUEL WHEELS. F. DOUBLE BOOMS SO CONSTRUCTED AS TO PERMIT SPLITTING EACH BOOM TO OPERATE INDEPENDENTLY OR JOINTLY. SINGLE BOOM HYDRAULIC ELEVATED AND EXTENDABLE WITH 360 DEGREES SWIVEL AT END OF BOOM. G. TWO SNATCH BLOCKS; 8 TON RATING. PROPOSER'S NAME:Donald w. Seay COMPANY NAME: SEAY TOWING, INC. 24 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order SPECIAL CONDITIONS CLASS "C" TWO TRUCKS SHALL MEET THE FOLLOWING MINIMUM STANDARDS: A. MINIMUM MANUFACTURE CAPACITY OF NOT LESS THAN.zk,oOO Ibs. GVW . B. DOUBLE BOOM CAPACITY OF NOT LESS THAN 12 1/2 TONS INDEPENDENTLY, 25 TONS JOINTLY. C. POWER WINCH PULLING CAPACITY OF NOT LESS THAN 25 TONS. D. MINIMUM OF 200 FEET OF AT LEAST 9/16 INCH CABLE. E. DOUBLE BOOM SO CONSTRUCTED TO PERMIT SEPARATING EACH BOOM TO OPERATE INDEPENDENTLY OR JOINTLY. F. AIR BRAKES SO CONSTRUCTED AS TO LOCK ALL WHEELS AUTOMATICALLY UPON FAILURE. G. CRADLE TOW PLATE OR TOW SLING TO PICK UP VEHICLES. H. DUAL WHEELS. CLASS "A" OR "B" FLATBED: SHALL BE EQUIVALENT TO CLASS "A" OR"'B" TOW TRUCK IN RESPECT TO EQUIPMENT STANDARD NEEDS. A. GVW OF 11,000 LBS. B. WINCH POWER 8,000 LBS. C. DUAL WHEELS 15.2: RADIO COMMUNICATIONS: The contractor will provide all towing vehicles used pursuant to this agreement, with two way radio communication systems. The communication shall be between the contractor's base station and all service trucks utilized in providing city towing service. The two-way radios will not be tuned to any city frequencies.- 15.3: UNDERWATER DIVER: The contractor shall furnish a certified underwater diver if requested by the Police Department for removal of submerged or partially submerged vehicles. The contractor assumes all claims, liabilities, and expenses incurred by such diver. For every diver, duty time shall be computed from the time of arrival at the scene to the time vehicle or property is rigged and hoisted to dry land. PROPOSER'S NAME: Donald w. Seay COMPANY NAME: SEAY TOWING, INC. 25 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order SPECIAL CONDITIONS 15.4: CITY DIVER: A city diver shall be used in the event of an emergency situation and the City will be reimbursed by the Contractor at the rate of minimum of $75.00 per hour to a maximum of $100.00 per hour. In the event of an emergency situation where a City diver is not available the Contractor shall supply a diver and will charge the owner at $100.00 per hour per diver. In the event of a non-emergency situation, vehicle owner shall be responsible for obtaining the services of a diver and wrecker for removal. Owner shall be given a twenty-four (24) hour period to accomplish removal. If the owner has not accomplished the removal in the time period specified, the contractor shall supply a diver and will charge the owner at $100.00 per hour per diver. 15.5: MISCELLANEOUS EQUIPMENT: All tow trucks must be equipped with an oscillating amber light mounted on top of the tow truck cab. Furthermore, the following equipment must be present on all tow trucks: A. RED LIGHT AND RED REFLECTORS ON THE REAR AND REAR SIDES. B. DOLLIES C. AT LEAST ONE HEAVY DUTY PUSH BROOM AND SHOVEL D. FLOOD LIGHTS ON HOIST E. ONE AXE F. ONE CROW BAR OR PRY BAR G. ONE FOUR POUND C02 FIRE EXTINGUISHER OR EQUIVALENT. H. ONE PAIR OF BOLT CUTTERS I. ONE PAIR OF JUMPER CABLES J. ONE FOUR WAY LUG WRENCH K. ONE FLASH LIGHT L. ONE SET OF THREE PORTABLE REFLECTORS M. FIVE THIRTY MINUTE FUSES N. TWO RED FLAGS AT LEAST ONE FOOT BY ONE FOOT IN THE EVENT OF FUEL SPILLS, THE FOLLOWING EQUIPMENT WILL BE NECESSARY: O. ADSORBENT, HYDROPHILIC P. ADSORBENT, HYDROPHOBIC Q. CONTAINERS FOR USED ADSORBENTS PROPOSER'S NAME: Donald w. Seay COMPANY NAME: SEAY TOWING, INC. 26 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order SPECIAL CONDITIONS 16.1: FINANCIAL ARRANGEMENTS/RATES: The contractor shall collect all towing and storage fees in an amount not to exceed that stated below, from the owner of the vehicle or his authorized representative at the time he makes application for release of the vehicle at the tow yard or other destination. In the event the owners do not apply for release of the vehicle within the statutory period, the police department must be notified prior to any procedure to junk or otherwise dispose of the vehisle. Whenever impounded vehicles are claimed by the owner, the owner shall be furnished with an itemized statement of all charges for the impounding of the vehicle. The contractor shall receive from the vehicle owner a receipt and release for the vehicle and all personal property therein and the contractor shall retain the receipt for at least one year. The City of Aventura shall not be responsible or liable to the contractor for nonpayment of any towing or storage fees to the contractor by the owner or operator of the vehicle. The rates shall be as follows and shall remain unchanged during the course of the agreement, including any extension to same. A. INSIDE STORAGE PER TWENTY-FOUR HOUR PERIOD 1. MOTORCYCLES OR SCOOTERS 2. CARS AND SMALL TRUCKS TO 3/4 TON 3. TRUCKS OVER 3/4 TON 4. SEMI-TRUCKS, BUSES, HOUSE TRAILERS B. OUTSIDE STORAGE PER TWENTY-FOUR HOUR PERIOD 1. MOTORCYCLES OR SCOOTERS 2. CARS AND SMALL TRUCKS 3. TRUCKS OVER 3/4 TON 4. SEMI-TRUCKS, BUSES HOUSE TRAILERS 1000 15.00 25.00 25.00 8.00 1000 15.00 15.00 PROPOSER'S NAME: Donald w. Seay COMPANY NAME: SEAY TOWING, INC. 27 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order SPECIAL CONDITIONS C. TOW RATES, CLASS "AU TOW TRUCKS 1. PASSENGER CARS & SMALL TRUCKS, FIRST 10 MILES OR FRACTION THEREOF 55.00 2. EACH ADDITIONAL MILE 3.00 D. TOW RATES CLASS "B" TOW TRUCKS 1. MEDIUM SIZE TRUCKS, FIRST 10 MILES OR FRACTION THEREOF 75.00 2. EACH ADDITIONAL MILE 4.00 E. TOW RATES CLASS"C" TOW TRUCKS 1. HEAVY DUTY TRUCKS, TRACTORS, TRAILER DUMPS, CEMENT MIXERS, GARBAGE PACKERS, ETC. FIRST 10 MILES OR FRACTION THEREOF 95.00 2. EACH ADDITIONAL MILE 4.00 F. EXTRA TIME OR LABOR AFTER FIRST 30 MINUTES AT SCENE 1. CLASS "A" TOW TRUCKS 2 CLASS "B" TOW TRUCKS 3. CLASS "C" TOW TRUCKS 4. FLATBED TOW TRUCKS 18.00/HR'!", i 18.00/HRY". 18.00/HR.\" 18.00/HR.. ~ 1 \ BIDDERS PLEASE NOTE: Should contractor furnish a wrecker in a higher class than the one required for a particular class of vehicle, the only charges that would be authorized are those for the proper class of wrecker for the vehicle being towed. If the contractor chooses to use a flatbed in place of a wrecker, the only charge authorized shall be that listed for the applicable class of vehicle towed. PROPOSER'S NAME: Donald W. Seay COMPANY NAME: SEAY TOWING, INC. 28 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order SPECIAL CONDITIONS G. WINCHING FROM SAND: OVER 50 FEET SHALL BE AT OWNERS REQLl:ST OR AT SPECIFIC AUTHORIZATION FROM THE CITY. 1. MOTORCYCLES OR SCOOTERS 25.00 PLUS 50.00/HR/REMOVAL 50.00 PLUS 50.00/HR/REMOVAL 75.00 PLUS 50.00/HR/REMOVAL 100.00 PLUS 50.00/HR/REMOVAL 2. CARS & SMALL TRUCKS 3. TRUCKS OVER 3/4 TON 4. SEMI-TRUCKS, BUSES, HOUSETRAILERS H. TURNOVER SURCHARGE: 1. MOTORCYCLES OR SCOOTERS NO CHARGE 2. CARS AND SMALL TRUCKS 25.00 PLUS 5000/I-lPlqEMOVAL 50.00 PLUS 50.00/HR/REMOVAL 75.00 PLUS 50.00/HR/REMOVAL 3. TRUCKS OVER 3/4 TON 4. SEMI TRUCKS, BUSES, HOUSE TRAILERS I. REMOVAL FROM WATER: 1. MOTORCYCLES OR SCOOTERS 2 CARS AND SMALL TRUCKS 25.00 PLUS 50.00/HR/REMOVAL 50.00 PLUS - 50.00/HR/REMOVAL 75.00 PLUS 50. OO/H R/REMOV AL 100.00 PLUS 50.00/HR/REMOVAL 3. TRUCKS OVER 3/4 TON 4. SEMI-TRUCKS, BUSES, HOUSE TRAILERS PROPOSER'S NAME: Donald w. seay COMPANY NAME: SEAY TOWING, INC. 29 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order SPECIAL CONDITIONS J. UNDER WATER RESOURCE RECOVERY: SALVAGE DIVERS K. UNLOCKING DOORS WITHOUT KEYS L. TIRE CHANGE M. ASSISTED START 100.00/HR 10.00 25.00 25.00 N. GAS CURRENT RETAIL PRICE O. DISABLED CALLS: MINIMUM CHARGE WHEN TOW NOT REQUIRED 25.00 16.2: CITY OWNED VEHICLES: City owned and non owned vehicles operated by employees on City business will be towed twenty four hours a day without charge, from any location in Dade or Broward Counties upon request of the appropriate City officials. 16.3: CHANGE OF TIRES: The contractor agrees to respond to requests from the Police and City Departments to change vehicle tires where necessary. The contractor's responsibility for change of tires shall be at any time. There shall be no charge by the contractor for changing Police or City vehicle tires. PROPOSER'S NAME: Donald w. Seay COMPANY NAME: SEAY TOWING, INC. 30 APPENDIX 1 BID BOND STATE OF FLORIDA ) ) ss: COUNTY OF DADE ) KNOW ALL MEN BY THESE PRESENTS, that we, , as Principal. and , as Surety, are held and firmly bound unto the City of Aventura, a municipal corporation of the State of Florida in the penal sum of Dollars ($ ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid, dated , 19 for: TOWING, WRECKER AND STORAGE SERVICE, REQUEST FOR PROPOSAL #97 - 9 - 4 -10. NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate (b) If said Bid shall be accepted and the Principal shall properly execute and deliver to said CITY the appropriate Contract Documents, and shall in all respects fulfill all terms and condition attributable to the acceptance of said Bid, then this obligation shall be void; otherwise, it shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event exceed the amount of this obligation as herein stated. The Surety, for value received, hereby agrees that the obligations of the said Surety and its bond shall be in no way impaired or affected by any extension of time within which said CITY may accept such BID; and said Surety does hereby waive notice of any extension. IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals this day of , 19 the name and the corporate party being hereto affixed and these presents being duly signed by its undersigned representative. Donald W. Seay SEAY TOWING, INC. 31 IN PRESENCE OF: (SEAl) ( Corporation, Individual or Partnership Principal) By: (Contractor) ATTEST: Secretary (If Corporation) (Business Address) IMPORTANT (City/State/Zip) (Business Phone) By: (Surety) By: (Attorney-in-Fact) (SEAL) By: (Registered Florida Agent for Surety) Surety companies executing bond must appear on the Treasury Department's most current list (circular 570 as amended) and be authorized to transact business in the State of Florida. Donald W. Seay SEAY TOWING, INC. 32 APPENDIX 2 PERFORMANCE BOND FOR TOWING CONTRACT KNOWING ALL MEN BY THESE PRESENTS, that as Principal, and , as Surety, are held and firmly bound unto City of Aventura, Florida (herein "the Obligee") into the sum of ($ ) dollars lawful money of the United States of America for the payment of which sum of money, the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally and firmly by these presents: WHEREAS, the Principal has contracted with the Obligee to provide towing, wreckage and storage services, pursuant to contract of 1997, (the "Contractor"); WHEREAS, pursuant to the Contract, the Principal is required to provide to Obligee a guarantee for the full and faithful performance by Principal of the obligations imposed by this contract. NOW, THEREFORE, the conditions of this Bond are such, that if the above bounded Principal shall in all respects comply with the terms and conditions of the Contract and Principal's obligations thereunder, and shall indemnify and save harmless the said Obligee against or from all costs, expense, damage, injury, or loss to which the said Obligee may be subjected by reason of any wrongdoing, misconduct, want of care or skill, negligence or default on the part of said Principal, its agents or employees, in the performance of the Contract, then this Bond shall be void, otherwise to remain in full force in effect. 33 Donald W. Seay /- SEAYTOWING,INC. This Bond shall remain in full force and effect for a period commencing upon the effective date of the Contract and ending one (1) year after termination or expiration of the Contract. All suits at law or in equity to recover on this Bond must be instituted within twelve (12) months after the expiration of the Bond as referred to hereinat>ove. IN WITNESS WHEREOF, the said , as Principal herein has caused these presents to be signed in its name by , its President or Vice President and attested by , its Secretary or Assistant Secretary under its Corporate Seal, and the said as Surety herein has caused these presents to be signed in its name by , its Attorney-in-Fact, and its Corporate Seal duly attached by , its Attorney-in-Fact, hereunto affixed this day of , in the year 1997. ATTEST: CONTRACTOR BY: BY: TITLE (SEAL) -------------------------------------------------------------------------------------------------------------------- ATTEST: BY: BY: TITLE SURETY (SEAL) BY: ATTORNEY-IN-FACT 34 Approved as to form and sufficiency by City Attorney on behalf of the Obligee City this day of ,1997. BY: Weiss Serota & Helfman, P.A. City Attorney, by David M. Wolpin, Esq. BY: 35 Registered Florida Agent for Surety Donald W. Seay SEAY TOWING, INC. Al-'PtNDIX J Af~OIm ISSUE DATE. (MMIDDIYY\ ~RO(l-J....e:A THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICA TE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE ~~~~'( A ~~YB INSURED COMPANY C LETTER ~~~NY 0 THIS IS TO CERTIFY THAT THE POLICIES OF IhSURANCE liSTED BelOW HAVE B~EIlISSUED T INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OA COND4TION OF ANY CONTRAC CERTIFICATE MAY BE ISSUED OA MAY PERTAIN. THE INSURA~CE AFFORDED BY THE POLICIES DES EXClUStONS AND CONDITIONS OF SUCH POlICIES. f~~~Y E MRmM ABO."E FOR THE POLICY PERIOD M 'T WITI:( RESPECT TO WHICH THIS H ' IS SUBJECT TO All THE ~ERMS. :0 '" TT"E Of INSURANCE POLICY NUMBER ,"OLley lFnCllVE ouey UPIR" TIO -....;.. OATE (",WOOIYY) DATE (MMIOOfYY) LIMITS I DE$ClUPTtOM Of' OPERATtOM$I\.0C4TlOH$.1VE.H&cu.stVEOAL IlUIS Additional Ihsured: The City of Aventura,it's Agents, GENfRAl LIABILITY COMPREHENSI....E fORM PREMISESIOPERA T IONS UNDERGROUND EXPlOSION & COlLAPSE HAlAAO PAOOUCTSlCOMPLETEO QPER, CONTRACTUAl ~PENOENTCOHTRACTORS ~ FORM PR)f"ERTY DNrMGE PERSONAl IHJV~Y 1,UT()II()M1 LIABILITY /IHY AUTO All OWNED AUTOS ( Priv, Pus. I ALL OWNED AUTOS ( 01'- TMn I Priv. Pus HIRED AUTOS N()N.CNHED AUTOS GARAGE LIABIUTY 80DIL Y INJURY ace , BOOIl Y INJURY AGG , PROPERTY OAMAGE OCC , PROPERTY OAMAGE AGG. , 81 & PO COMBINED OCC. , 81 & PO COMBINED AGG_ , PERSONAl INJURY AGG, , BOOIl Y INJURY . (PM pe'IOl'I BOOIL Y INJURY , (p..accid.nll PROPERTY DAMAGE . BOOIl Y INJURY & PROPERTY DAMAGE . COMBINED EACH OCCURRENCE . AGGREGATE , STATUTORY UMrTS EACH ACCIDENT , l>tSEASE-f'OlICY UNIT . OISE.ASE_EACH~"'Pl.OYEE , U:CES$ UA8tUTY UMBRELlA FORM OTHER THAN UMBRELLA FOAM WORKER'S COMPEHSATlON "'0 EIIP\.OYERS' UA.8tLlTY OTHER and Employ" OF AVENTURA 2999 N E 191 Street Suite 500 Aventura. FL 33180 SHOULD ANY OF mE "seVE DESCRIBED POLICIES BE CANCELLED BEFORE HiE EXPIRATION DATE THF:AEOf'. THE ISSUING COMPANY W\LL .ENDEAVOR'(C MAIL _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER N.....MED 10 n-',;~ LEFl. BUT F....1LURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION c.-,- LIABiLITY OF ....NY KINO UPON THE COMPANY ITS AGENTS OR REPRESENTA-;-;,[ AUTHORIZED REPRESENT A n....E fi' ... ..... 'OL CITY OF AVENTURA REQUEST FOR PROPOSAL TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 ADDENDUM #1 Summary On Thursday, August 21st, 1997, the City held a pre-proposal conference with proposers to answer questions and requests for changes to proposal forms and/or the RFP As a result of that meeting, changes and additions to the RFP document and proposai forms are hereby incorporated as discussed in detail below. AMENDMENT #1 Page #23 - Section 14.4 IS deleted In its entirety. 14.1: VICTIMS OF CRIME: Tho centractor agreeo:, notwitho:tanding other pro'llciono: of the s~ecifications, that it will not charge porsonc who I=tove been victims of crimes, for the to'Ning and storage of thoir vehicles. AMENDMENT #2 Pages #24 and #25 - Section 15.1 is amended as follows: 15.1: MINIMUM STANDARDS: ALL CLASS "A" TOW TRUCKS' MUST MEET THE FOLLOWING STANDARDS: D. ...MINIMUM OF 100 FT of 3/8" STEEL CORE CABLE. CLASS "S" TOW TRUCKS SHALL MEET THE FOLLOWING MINIMUM STANDARDS: A. MINIMUM MANUFACTURE CAPACITY OF 15,00020.000 POUNDS GVW FOR A FLA TSED AND 18 o.QQJ?D.UNDS GVW FOR A WRECKER p D. MINIMUM OF 100 FT. OF 3m 1/2 INCH STEEL CORE CABLE CLASS "C" +J.NG TOW TRUCKS SHALL MEET THE FOLLOWING MINIMUM STANDARDS A. MINIMUM MANUFACTURE CAPACITY OF NOT LESS THAN 25,000 36000 LBS GVW. D. MINIMUM OF 200 FEET OF AT LEAST 9/161NCH STEEL CORE CABLE .. -1- LEGEND' Stnkethrough Text = Deletions U_nderlined TJ:xl = Additions PROPOSER'S NAME Donald W. Seay COMPANY NAME SEAY TOWING, INC. AMENDMENT #3 On any page throughout the entire RFP, where the word "cable" IS used, same snali be changed io read "steel core cable". AMENDMENT #4 Page #27 - Section 16.1 is amended as follows: A. INSIDE STORAGE PER TWENTY-FOUR HOUR PERIOD (AFTER THE FIRST TWENTY FQU.R HOURS) 1. MOTORCYCLES OR SCOOTERS 2 CARDS AND SMALL TRUCKS TO 3/4 TON 3 TRUCKS OVER 3/4 TON 4. SEMI-TRUCKS, BUSES, HOUSE TRAILERS 10.00 ~ Z2QQ ~OG~ ~ 55.00 B. OUTSIDE STORAGE PER TWENTY-FOUR HOUR PERIOD (AFTER THE FIRST TWENTY-FQJ.LR HOURS) 1. MOTORCYCLES OR SCOOTERS 2 CARDS AND SMALL TRUCKS TO 3/4 TON 3 TRUCKS OVER 3/4 TON 4. SEMI-TRUCKS, BUSES, HOUSE TRAILERS 8.00 -W,OO 1Q..Q.Q ~ Z2QQ ~~ FOR PURPOSES OF CLARIFICATION. THE FIRST TWENTY-FOUR HOURS THAT ANY VEHICLE IS IN THE STORAGE FACILITY SHALL NOT HAVE A STORAGE CHARGE. AFTER THE FIRST TWENTY FOUR HOURS HAVE LAPSED. THE RATES SHOWN IN A & B ABOVE SHALL BECOME EFFECTIVE AMENDMENT #5 Page #28 - Section 16.1 is amended as follows: , F. EXTRA TIME OR LABOR AFTER FIRST 30 rJlINUTES AS SCENE 1. CLASS "A" TOW TRUCKS 2. CLASS "B" TOW TRUCKS 3. CLASS "C" TOW TRUCKS 4 FLATBED TOW TRUCKS 1800/ QIE HR ~ ~I Q.IB, HR ~ 12.J1Q/ Q.IB, HR 18.00/ QTR HR -2- LEGEND Strikethrough Text ~ Deletions ~rltned Text = Additions PROPOSE~SNAMEDonald W. Seay COMPANY NAME SEAY TOWING, INC. AMENDMENT #6 Page #30 IS amended as follows. K. UNLOCKING DOORS WITHOUT KEYS .:UM)G 25.00 N. G.'\S CURRENT RETAil PRICE P. ADMINISTRA riVE CHARGE: Esx.. any vehicle towed to contractors storage facility which is not claimed by the owner within 24 hours. the contractor may charge a fee to cover the cost of owner notification FDLE Ghecks computer expenses. postage and all other costs. The fee shall not exceed 517.00. 16.4: TOWS OUT OF CONTRACTOR'S YARD: The contractor shall applv the same rates for tows Into and out of contractor's yard. AMENDMENT #7 Page #20 is amended as follows: 12.10: VOLUME OF TOW ACTIVITY: The number of vehicles towed per Aventura Police Department's formal request (written tow slip completed by Police Officers) since April 1. 1997 are as follows: APRIL 1997..................._~ MAY 1997......... .......... ..... ..16 JUNE 1997........................15 JULY 1997(thru July 19th)....J! Since the City has been in operation only a few months. the number of tows above may or may not be indicativ~_ of total towin9 volume In the future. The City in no way gJ.!S!..[Qntees these to be minimum or maximum values. -3- LEGEND Strikethrough Text = Deletions !.I.MerlJI!.eQ Text = Additions PROPOSER'S NAME: Donald W. Seay COMPANY NAME ~Rl\Y TnWT1\J(::, INC. AMENDMENT #7(cont.) 12.11: NOTICE TO OWNERS: Contractor is reQ.!,!]red to notify the owner of any towed vehicle within 24 hours not including weekends and holidays. AMENDMENT #8 As a clarification on Proposal Form Storage Compound Information. Attachment D, the following IS made a Dart of the specifications 1. If the contractor plans to utilize more than one storage compound (i.e - outside storage at one location and inside storage at anotherl both locations must be included on the form. 2. The "Distance from Aventura" space means the distance from the edge of Aventura's corporate limits to the storage compound(s). 3--.. If the company has contracts with other local governments reQuiring storage capacity be set aside for those local government contracts. include said information in the "Storage Capacity of Compound" section of Attachment D AMENDMEND #9 A copy of thi.s addendum must be included with your proposal packet. Except as modified by this Addendum, all other provisions of RFP 97-9-4-10 remain unchanged. Questions on this addendum, as well as the balance of the RFP, should be directed to Glenn Marcos at (305) 466-8925 -4- LEGEND Strikethrough Text = Deletions Underiln.eQ..J~Xl = Additions PROPOSER'S NAME Donald W. Seay COMPANY NAME SEAY TOWING, INC. ~@UD~ CITY OF AVENTURA REQUEST FOR PROPOSALS TOWING, WRECKER AND STORAGE SERVICE RFP#97-9-4-10 PROPOSAL FORM I hereby propose to furnish the goods and services specified in the Request for Proposal. I agree that my proposal will remain firm for a period of 90 days after opened by the City in order to allow the City adequate time to evaluate the proposals. I certify that all information contained in this proposal is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this proposal on behalf of the Company named as Proposing Company and that said Company is ready, willing and able to perform if awarded the contract. I further certify, under oath, that this proposal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a proposal; no officer, employee or agent of the City of Aventura or any other proposer has an interest in said proposal. Furthermore, I certify that the undersigned executed this Proposal Form with full knowledge and understanding of matters therein contained and was duly authorized to do so. Further, I certify that no officer or owner of the Company shall, either individually or as a beneficial shareholder of a particular corporation, directly or indirectly, own, manage, operate, join, control or participate in the ownership, operation or control of a motor vehicle body shop, repair shop, or related motor vehicle maintenance operation during the term of the Towing and Wrecker Service Agreement. I also certify that the Company's sole and only business is the towing and storage of motor vehicles as contemplated by the Specifications for Towing and Wrecker Service. Attached hereto are the following forms/documents which form a part of this proposal: Attachments A. Exclusive Service Agreement Fee Proposal Form B. Agency Reference List B-1 Other References C. Vehicle & Equipment List D. Storage Compound Information E. Proposer's Qualifications Form F. Proposal Exception Form G. Indemnification Clause H. Sworn Statement Pursuant to Section 287.133 (3)(a), Florida Statutes PROPOSER'S NAME: Donald W. Seay CCMPANY NAME: SEAY TOWING, INC. PF-1 CITY OF AVENTURA REQUEST FOR PROPOSALS TOWING, WRECKER AND STORAGE SERVICE RFP#97-9-4-10 PROPOSAL FORM SEAY TOWING, INC. Name of Proposing Company ~. ~ . .~~ gnature Donald W. Seay Name & Title, Typed or Printed 2121 N.E. 155th Street Mailing Address Sworn to and subscribed before me this 3rd day of September 1997 , - ?Ch-)~U.D Notary Public ON J. ISRIEL State of Florida My Commission Expires: 05/01/99 North Miami Beach, FL 33162 City, State, Zip Code (:l'\"~"(';: RON J lSRIEL ~ t' MyCornminionCC457812 * !fiiJf! * ExpOes Mey. 01,1999 ~~ ~~ BondedbyHAl ""~ Of f\,fI:j~ 800-422-1555 (if Corporation) PROPOSER'S NAME: Donald W. Seay I~ COMPANY NAME: SEAY TOWING, INC. PF-2 CITY OF AVENTURA REQUEST FOR PROPOSALS TOWING, WRECKER AND STORAGE SERVICE RFP#97-9-4-10 PROPOSAL FORM CERTIFICATE (if Corporation) STATE OF Floridkt ) SS: COUNTY OF DADE) the HEREBY CERTIFY that a meeting of the Board of Directors of SEAY TOWING, INC. a corporation existing under the laws of-the-State of FLORIDA held on August 20th , 1997 , the following resolution was duly passed and adopted: RESOLVED, that, as Vice Preside~ the Corporation, be and is hereby authorized to execute the proposal dated, Sept. 3rd , 19~to the City of Aventura from this corporation and that his execution thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of corporation on this the 3rd day of September, 1997 ~~ ecretary /" PROPOSER'S NAME: Donald w. Seay /)II COMPANY NAME: SEAY TOWING, INC. (SEAL) PF-3 CITY OF AVENTURA REQUEST FOR PROPOSALS TOWING, WRECKER AND STORAGE SERVICE RFP#97-9-4-10 PROPOSAL FORM CERTIFICATE (if Partnership) STATE OF ) ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Partners of the a partnership existing under the laws of-the-State of , 19_, the following resolution was duly passed and held on adopted: "RESOLVED, that , as of the Partnership, be and is hereby authorized to execute the proposal dated , 19_, to the City of Aventura from this partnership and that his execution of thereof, attested by the shall be the official act and deed of this Partnership." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this ,1997. , day of Secretary (SEAL) PROPOSER'S NAME: COMPANY NAME: PF-4 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order PROPOSAL FORM EXCLUSIVE SERVICE AGREEMENT FEE PROPOSAL FORM Attachment A PROPOSED TOTAL ANNUAL PRICE TO BE PAID TO THE CITY IN QUARTERLY INCREMENTS IN ADVANCE, FOR EXCLUSIVE SERVICE AGREEMENT FOR TOWING, WRECKER AND STORAGE SERVICE FOR THE CITY OF AVENTURA: $ 12,000.00 TOTAL EXCLUSIVE SERVICE AGREEMENT FEE FOR EACH TWELVE MONTH PERIOD 1) I agree to be bound by the schedule of rates contained in the section 16.1 of this RFP for the initial three (3) year term and any extension of the agreement. YES x NO * 2) I agree to be bound by all terms and conditions contained in this Request for Proposal. As Amended YES X NO * 3) I agree that the yearly Exclusive Service Agreement Fee amount as proposed shall remain in effect for the initial three (3) year term and any extensions of this agreement. YES X NO . 'If "no" to any question, proposer must fully describe their proposed exception on Attachment F. PROPOSER'S NAME: Donald w. Seay r# C:OMPANY NAME: SEAY TOWING, INC.' PF-5 CITY OF AVENTURA TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order PROPOSAL FORMS AGENCY REFERENCE LIST Attachment B Please list NAME OF AGENCY, ADDRESS, PHONE NO., AND CONTACT PERSON AT DEPARTMENT of all Governmental Agencies for which you have done business within the past five years: 1. North 0iami Beach Police Dept. 16901 N.H. 19th Avenue N. Miami Beach, FL 33162 (30~i) 949-5500 Chief William Berger 2. North Miami Police Department - 700 N.E. 124 Street, North Miami 33161 (305) 391-8111 Chief Kenneth Each 3. Miami Shores PoD. n 9990 N.H. 2nd Avenue, Miami Shores, FL 33138 (305) 759-2469 Chief Zoovas 4. Florida Highway Patrol - 1011 N.W. III Avenue, Miami, FL 33172 (305) 470-2510 Rebecca Tharpe 5. Dade County Abandoned Vehicles III NoW. 1st Street Miami FL 3?1~8 (305) 375-5637 George Pitman 6. 7. Attach additional sheets if necessary. If there are less than five agencies listed above, complete Attachment B-1 to bring the total number of references to at least five. # PROPOSER'S NAME: Donald W. Seay COMPANY NAME: SEAY TOWING, INC. PF-6 CITY OF AVENTURA TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order PROPOSAL FORMS OTHER REFERENCES Attachment B-1 Please list NAME OF COMPANY, ADDRESS, PHONE NO., AND CONTACT PERSON AT COMPANY of any other Non-Governmental entities for which you have done business within the past five years: 1. Miami Lincoln Mercury 8101 N.W. 7th Avenub, Miami, Florida 33150 (305) 758-3377 George Carbolosus 2. Colonial Pontiac 8301 NoW. 7th Avenue Miami, FL 33150 (305) 751-8655 Larry Halt Metro Ford 9000 NoW. 7th Avenue, Miami FL 33350 3. Roger P.ellow (305) 751-9711 Tropical Chevrolet 8880 Biscayne Boulevard, Miami Shores, FL 33138 4. (305) 754-7551 Gene Carney 5. Marlin Mazda 20700 N.W. 2nd Avenue, Miami, FL 33169 (305) 654-3800 Glenn Yuni 6. University Cadillac 300 South University Drive, Pembroke Park, FL 33025 (954) 436-3036 Alex Boykan Hollywood Lincoln Mercury 1700 Sheridan Street, Hollywood, FL 33020 7. (954) 920-6010 Marvin Mathis Note: five. The total number of references contained on Attachments B and B-1 must total at least PROPOSER'S NAME:Donald W. Seay J.1 COMPANY NAME: SEAY TOWING, IN . PF-7 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP# 97-9-4-10 This is not an Order PROPOSAL FORM VEHICLE & EQUPMENT LIST Attachment C List vehicles and equipment to be used in accordance with Contract. Group the vehicles and equipment by class and state year, make condition and ownership information for each. CLASS A 1992 Chevy Wheel-Lift Good Condition Seay Towing, Inc. 1992 International Wheel Lift .. .. 1993 Ford Wheel-Lift .. .. 1993 Chevy Wheel-Lift .. .. CLASS A 1993 International Flat-Bed " .. CLASS B 1992 Chevy Flat-Bed .. .. CLASS B 1993 Mack Tow-Truck .. .. CLASS C 1979 GMC Heavy-Duty .. " f# PROPOSER'S NAME: Donald W. spa2: ' COMPANY NAME: SEAY TOWING, IN . PF-8 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP# 97-9-4-10 This is not an Order PROPOSAL FORM STORAGE COMPOUND INFORMATION Attachment D Proposer shall furnish, as part of the Proposal: Location of Storage Compound: 2151 N.E. 155th Street North Miami Beach, Florida 33162 Distance from Aventura: 1.06 Miles Storage capacity of compound: F. H. P. 50 Cars N. Miami Beach 100 Cars Outside: 400 (Reserved Space North Miami 100 Cars) Inside: 50 (Inside Reserved NMB 5 / No. Miami 3 / FHP 3 Cars) Hours of operation: 7 Days per week - 24 Hours a Day PROPOSER'S NAME: Donald W. sea' COMPANY NAME: SEAY TOWING, IN . PF-9 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP# 97-9-4-10 This is not an Order PROPOSAL FORM PROPOSER'S QUALIFICATIONS Attachment E (Page 1 of 4) NOTE: This statement of Proposer's Qualification must be completely filled out, properly executed and returned as part of your Proposal. 1. List the true, exact and proper names of the company, partnership, corporation, trade or fictitious name under which you do business and principals by names and titles: Name of Company: SEAY TOWING, INC. d/b/a ACE WRECKER SALES & SERVICE Address: 2151 N.E. 155th Street North Miami Beach, FL 33162 Principals: Donald W. Seay Gisela Seay Titles: Vice-President President 2. a. Are you licensed, as may be required, in the designated area(s) of Dade County, Florida? YES x NO b. List Principals Licensed: The Corporation is Name(s): licensed, not the principals. Title: Remarks: 3. How long has your company been in business and so licensed? 7 Years ~ PROPOSER'S NAME: Donald W. Seav COMPANY NAME: SEAY TOWING, INC' PF-10 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP# 97-9-4-10 This is not an Order PROPOSAL FORM PROPOSER'S QUALIFICATIONS Attachment E (Page 2 of 4) 4. If Proposer is an individual, corporation or a partnership, answer the following: a. Date of Organization ] 989 b. Name, address and ownership units of all partners: Donald W. Seay 12101 Sailboat Way, Cooper CIty FL 33026 50% Gisela Seay 12101 Sailboat Way, Cooper City FL 33026 50% c. State whether general or limited partnership: Corporation d. State whether a corporation YES Date and place of incorporation 1989 - North Miami Florida If Proposer is other than an individual, corporation or partnership, describe the organization and give the name and address of principals. 5. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 6. How many years has your organization been in business under its present business name? Three Years under the name SEAY TOWING, INC. a. Under what other former names has your organization operated? SEAY TOWING & RECOVERY, INC. ACE w~ECKER SALES & SERVICE, INC. PROPOSER'S NAME: Donald W. Seay Jf7 COMPANY NAME: SEAY TOWING. INC. PF-11 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP# 97-9-4-10 This is not an Order PROPOSAL FORM PROPOSER'S QUALIFICATIONS Attachment E (Page 3 of 4) 7. a. Has your company ever failed to complete a bonded obligation or to complete a contract? YES NO x a If so, give particulars including circumstances, where and when, name of bonding company, name and address of City and disposition of matter: b. Are you now or in the past five years been involved as a defendant in litigation concerning the performance of your company operations? If so list: SEE ATTACHED SHEET 8. a. List the pertinent experience of the key individuals of your organization; (continue on insert sheet, if necessaIY). Donald W. Seay - 16 Years in towing business Barrington Linwood, Manager - 10 Years with the company in the towing business b. State the name of the individual(s) who will have personal supervision of the work: Donald W. Seay & Barrington Linwood PROPOSER'S NAME"",..,. .. ,..~ COMPANY NAME: SEAY TOWING. IN . PF-12 SEA Y TOWING LITIGATION Seay Towing adv. Fouad Alii - Dade County, County, Court - Suit over alleged improper tow. Seay Towing prevailed at trial. Seay Towing adv. Florida Auto Finance - Dade County, County, Court Suit alleging conversion of automobile after towing and foreclosure of lien pursuant to statute. Case Pending. Seay Towing adv. Edwardo Gomez - Dade County, Circuit Court Suit for injuries on property. Case settled by insurance counsel. Donald W. Seay SEAY TOWING, INC. /7. .JY~ CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP# 97-9-4-10 This is not an Order PROPOSAL FORM PROPOSER'S QUALIFICATIONS Attachment E (Page 4 of 4) 9. List name and title of persons in your company who are authorized to enter into a contract with the City of Aventura, Florida for the proposed work should your company be the successful Proposer. Name DONALD W. SEAY Title Vice President 10. Describe your Company's experience in providing services to other police agencies similar to the comprehensive service to be provided herein. Seay Towing has been servicing variouspolice agencies including Florida Highway Patrol (15 years), North Miami (7years), North Miami Beach (15 years), and The CIty of Aventura (3 months) handling accident scenes, illegal parking t~w-away, and allwot~er towing and storage services required by these agencies. PROPOSER'S NAME: Donald W. Seay COMPANY NAME: SEAY TOWING, INC. PF-13 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP# 97-9-4-10 This is not an Order PROPOSAL FORM PROPOSAL EXCEPTION FORM Attachment F (see Attachment A) The Company wishes to take exception to the following items: ~ Item Costs PROPOSER'S NAME: Donald W. seayUtJ , COMPANY NAME: SEAY TOWING, INC. PF-14 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP# 97-9-4-10 This is not an Order PROPOSAL FORM INDEMNIFICATION CLAUSE Attachment G The Contractor shall indemnify, defend and hold harmless the City Council, the City of Aventura and their agents and employees from and against all claims, damages, losses and expenses (including attorney's fees) arising out of or resulting from the contractor's performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or damage on destruction of property including the loss of use resulting therefrom, and (2) is caused in whole or in part by any breach or default by Contractor or negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless or whether or not it is caused in part by a party indemnified hereunder. a44; Signature as vice President SEAY TOWING, INC. Donald W. Seay Pf1It:~ser's Name as President STATE OF FLORIDA COUNTY OF DADE 09/03/97 Date SWORN TO AND SUBSCRIBED before me, the under signed authority, Donald W. Seay as Vice President SEA Y TOWING, INC. who, after first being sworn by me, affixed his/her [name of individual signing] signature in the space provided above on this 3rd day of September ,19 97 Q~~,LD OTARY PUBLIC O'''~''L.-; RON J ISRIEl ~ ~ My Convninion CC457812 *~* Exp".May.01.1999 ~~.~"f: Bonded by HAl "t'~ OF f\'t:.~ 800-422-1555 PROPOSER'S NAME: Donald W. ~seaY~ COMPANY NAME:SEAY TOWING, INC. PF-15 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP# 97-9-4-10 This is not an Order PROPOSAL FORM SWORN STATEMENT PURSUANT TO SECTION 287. 133(3)(a), FLORIDA STATUTES ON PUBLIC ENTITY CRIMES Attachment H THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to THE CITY OF AVENTURA (print name of the public entity) by DONALD W. SEAY as Vice President (print individual's name and title) for SEAY TOWING, INC. (print name of entity submitting sworn statement) whosebusinessaddressis 2151 N.E. 155th Street North Miami Beach, FLorida 33162 and (if applicable) its Federal Employer Identification Number (FEIN) is 65-0505324 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes. means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with an public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentation. 3. I understand that "convicted" as defined in Paragraph 287.133(1)(b), Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. PROPOSER'S NAME: Donald W. Sea COMPANYNAME: REA.Y TOWING, INC. PF-16 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP# 97-9-4-10 This is not an Order PROPOSAL FORM SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES ON PUBLIC ENTITY CRIMES Attachment H 4. understand that "an affiliate" as defined in Paragraph 287.133(1 )(a), Florida Statutes. means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a person as defined in Paragraph 287.133(1 )(c), Florida Statutes means any natural person or entity organized under the laws of any state of the United States with the legal power to enter into a binding contract and which proposes or applies to propose on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. PROPOSER'S NAME:Donald w. Seay (t1 COMPANY NAME: SElIY TOWING, INC: PF-17 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP# 97-9-4-10 This is not an Order PROPOSAL FORM SWORN STATEMENT PURSUANT TO SECTION 28?133(3)(a), FLORIDA STATUTES ON PUBLIC ENTITY CRIMES Attachment H 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] )( Neither the entity submitting this sworn statement, nor any of its officer, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of it officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or "iv,,,, of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. Attach a copy of the final order] PROPOSER'S NAME: Donald W. Seay f}? COMPANY NAME: SEAY TOWING, INC. PF-18 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP# 97-9-4-10 This is not an Order PROPOSAL FORM SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES ON PUBLIC ENTITY CRIMES Attachment H I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVEIS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. 07~~J! 09/03/97 (DATE) STATE OF FLORIDA COUNTY OF DADE PERSONALLY APPEARED BEFORE ME, the under authority, Donald W. Seay [name of individual signing] who, after first being sworn by me, affixed his/her signature in the space provided above on this 3rd day of September, 19 97 ,.~y Pt/ 't:~'\~'#,~ RON J ISRIEl *~ My Commi8sion CC457812 * ExpiresMaY.01.1999 ~ ~~ Bonded by HAl ""~Of f\.~~ 800-422-1555 '7?~ g '- ,fda~() , N TARY PUBLIC PROPOSER'S NAME: Donald W. Seay COMPANY NAME: SF.AY TnWTNr:, TNC' PF-19 SEP-03-97 WED 10:48 P.01 F::':nUI:!,';L <HV!CE:, F.",: 3059331.356 ::.e;j :; ";J? ll:4~ F', ,:I~ Certificate of Insurance IS3U': ()i,jt~ l'.~r.1,~C: , ' , HNANCIAL SERVICES ASSOCIATES of A VENTURA, INC. 'Ii 1/97 -.-----.-------'-~- ['HIS CERTIFicATE IS ISSUECAS A MA T rE~ 01- IF-;fORMA: IUN UN~y_AN~!~.F'c.;:.:5- , Financial Services Associates I NO RICHTS UPON THE CERT:FICAl E HOLOER THIS CER"FICATE oDes '0' "".'E'C 2999 'IE 191st. St. Suite 803 ! EXTENO ORAL1ER THE COVERAGE AfFORD.O BY lHE POLICIES BolON . __.m_____ ___. ~_"" ....-=--==---=---===--"-~..:=----=-_ Avenlura,1'1. 331.XO A1TENTJON CERTifICATE HOLDER: lfyou ha,'c <lOY que,"ons" - -- please contact H HOU5EJ! at 1-800-751-19)2 "'o..i:)'l>'iif~~ffoidiiYjj:hn:'f' '<'a~":"~:;:' .. ,."~I~~...I',,,,' . ...~,. ,~tJ!1iL_J',',_,"- I ~~ompanYLell'r A ..~verest~atOI______._.___.....__..,,__ u_~ _ u , Company letter B :..; ~1'an..rl'a,h.F1.. .\3161 ~-- --~-~.. --------.--~.. .---. ~~n~~_' t: v. '~'.nj j"H';1 ~H:t' L~~O:,I~(l~i.~:~;L~... ~ ~~~,t",'~/'<."'~'.-7n~......~-1l...."~~..~..~ >;,n-''7!l-''''-'''~--''''''.''- .- " . ,."r'''''''''';.;'''~ ,....,," , .,. ~~<>"''''~'''l~-~l.)r'';o~'''\' "';<.(,I'~"''''~''''''!'-~~''# ~'~';I', ..' '>;;" , > Tt-<~ s ,t.t6~cr~\~;;f'~' ,tA~f!'~oTrb~~~>'~;~\1N;u~ATfdftt~i'~\~~"~~'ttri;l'AAvf!V€bJiS~~~'u~~ ~~i:~fl}1~iJ'A~E15>NiFJfn7..i6~t" ~:~ Y~~~").. c:' ~'::RI::JO f:'l;:;iICATEO NOT WITHSTANO:NG ANY REQUIREMENT, TERM OR CONDtnON oF' ANY CONTRACT o~ OTHER OOCUMEN7 Win.. ~:~s~~..:.' TO WHICH fHIS CERTIFICATE MAY BE ISSUED OR MAY P~R'rAIN. THE INSURANC~ AF~ORaeO 8Y THE ?OLlCIES :JESCR',BEO HE~E!N IS S'..;2.:E:- TO ALL THE TERMS. EXCLUSIONS, AND CONDITIONS OF SUCh POLICI~S. co=oo:""~"'o-.-- . -'-""t= i -polley Eft.ectlve ==r=PolT(v~xplrallOI1 r="":~"==-""'='='=-=--=---===-= ~I~::.. ...___r~p~~<:~_~J~:i~!.~.!~~._____~I~ Nu~.~r_~pale (MYA>DNY ~~I?PfYY~.___ _, ..._.../~.lU:i.~l.~ ,~.~]:.~0~.I~~:.:i:, ;-._~~(,~(.11 ..I~o;,;{y I ! : i..Q!,!t~~!.~Jg~~B.~~---_. -- -- - ..-- --,---}.- , i Corni"leo'c!alll~bilil'y i I I P:OduClS. Comol Ops AggrC'g31;~ ~=~= C!3ims Mad~!~ O~e~Jrrence ! . ~E-~-r5on_illoA.ci~_lji5rr.gT~FY:.~_:::_.='-:l _._.__ Owners &. Conlractors P(olectJv~ I 1_~_s..~Qf~l!~~!..._.._..._"_..________i _,_ __,___,_",,_,~,___,___~__. I FJ(eqam';l.9!.Janronefjr;L____~____..____ .-.-,"",,,,=-,:,~,::,,----:::-~: -::::---.- _.,,"..-'~-----' It --'--- I ~:~~~~:-~~?.:~:~~~~ Ofi:.~~~~'~_ '~- - --~- , A~tc"r.cbil~ Lfab;!IIY #L_ : $ --.----------.- .'''-, My ft_uto I' 8~dilY ] All OwneO A~!cs I 1'~I\lry ['-', Sc~l€!du\ed AlJtos ! l, BP~:,..,.yer:~--_+L----.--.-------- '.... . --- '1lrerJ Au!os. "" .:-. .--- ~ ~~o,....Owf"led .A.li!O:l [ : Ir.jury : ~--l Gar.]~e dabli:ty ) LE!.(~ei9_~.DLjJ.._ n_.________.__. -F~y~~i;T~~;y=~.~--=--=--4 !~-t-- . ..----.----r~fc:'~6CC"r"~ce-....A99"~",.----' t:~ \~.:':~eT:.:~~~:\~:~~,::r:,~--l I' ....--.-t--. l~~"~:~I;~:~.-.-ij;~iilJL~,.~== A! And 1400981 I 7110/97 i 7110/98 ; ~-~__---~~~.Q-~~.~-~)._-.- ----. _ [n.1Pl.o..::_".L_t_'btltty --+--=i '..._" ..._.+ ~. 500 . 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J StiOVt,.O ANY Of'" THE A.~OVe: OESCR'SEO pOUcle;s e!: CANCe;\.t;J ~e:FC';':t" - E,(.PlRATION OAlf iHfRfOF, THE ISSUING COlll,pA,~teS wn..I.l;;~J';;AVC~ T;: ,~.',:' 3~ OAYS WRITTE:N NonCE TO THE CERH'ICATE HOLDER N.AMEC TO TH~ ;.:''"".... {lIJT FA1:,.VRf: 10 f.1.Ail SVCrl NO:ICe SHALl.. !~POSe: NO Q6I.fOAT'O.'" 0'" I.-~c,'.- rryoll' ANY 't\INOVf>ON 1 HI;: CCMF.....t-.'f 1l"S< ....Cli.N.T~ o~ Rr;;p.~'="'FNT.c.2'.::,F':> ___ ;;;'~'~::d~~;'~~';'~~-=~~-'i'1!Z!~?# - _. ----..-... - --- ------.----.--.---.-.---------.-..- AHntura pollet: Dep..lrt.mCII[ ~ 'i'19 NE 191 Strcet ::In.:,: :ilj() .-\\i,m:Hd FL 331~f) I , f--, -' , GARAGE LIABILITY I:; AVo( .';~TC "'"A :X'X 1 ~-_. I ,~ i ~~SS 1.IABILliY I H UMO'E~LA F8R." t OTl-i~R THAN L.\~3F1:;LLA FO;;M I I WORKCR$ COMPIi,l.lSA'I'ION-AHO I EMPLOYERS' LIA91UTY I "'l ' THE i<"lQFR'GTOPl L :I\.:CL : PA~TNE~l.3fEXECt.:TIVE ~ ! I OffiCeRS A.:'<( .__._-1- I =XCL i IOlHt"R GARAGEKEEPERS LEGAL LIAB. I A ON.HOOK . TTI00676 I _._~ DESCRIPTION OF OPERAlJONSflOCATIONSNEH1CLES/SPECJAL ITEMS fA cORD ":GE"RT'IRiG~,E;SRt'if~8rgf~;lN'SLr"'~GE<< DATE (MM'OC.'YY) , . on ,.,.....;..., '., "'; .,; ....,,<....;.,..,:,.,:;:c;'l'>::,,,<,..,,,;:;::.,.;...:;'.,,:;.,.".._,;,."-J~~.,;...,,......... . ............ 09103197 ?AOOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO~ OONATO INS, AGENCY INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P,O, BOX 607S18 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OF ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW ORLANOO FL 32750 COMPANIES AFFOH.QI,N_GS.O'VEf'lAGE:=.-=- 407.669.7525 I I COMPA.W i A CONNECTICUT INOEflHITY I CQM?A.'IV SEAY TOWING & RECOVERV, INC. , B 21S1 NE 155TH STREET 1'; H. ~IAHI BEACN FL ,3162 ~~~iA'Y I, .l;~~~A~Y I COVEFlAOES'. ...;::'....,:::.,.. ';:::.;:;;;;..\,.;;:..;:...,..;:..':;: ,..' ,... ..........."... I THiS IS TO C~RrIFy THAT THE POLICies OF INSURANce LlSTEO BELOW HAVE SEEN ISSUED TO THE INSUAEO NAMED ABOVE FC~, THE POLICY PER'OD j II\j:JiCATEO, NonVITHSTANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR on,ER DOCUMENT WITH RESPECT TO WHICH Ti-<!S I CERTIFICAiE MAY SE ISSUED OR MAY PERTAIN. THE INGURANCf; AFFORDE:D BY THE POLICIES DESCRIBED rlEREIN IS SUB.JEer TO ALL TH5 TER~.'S, i . EXCLUSION~_A~~~~prnONS OF SUCH POl.ICIES. LIMITS S~O'vVN MAY HAVE BEEN REDU?ED BY PAID CLAtt.AS. ______ co i lpOl.lCY EfFECTIVE I POLICY EXPlAAtlON 'I r~.~~.! rY rEOF tll5URANCE POLICY NUMBER ~TE ~~OIYY) DATE (MM OOY'r') ~IMITS ~IERALLlA3IL1TY I ~ 1.3:Nr;p.A'-A,-,(lf.;~~-_~__~~~ :.~_;~_~2t,l::McrAL GC.EI2.\l..lIA6IL:Tt I I L_::.J8UCT~. C~VJ.-',J,'~~_. ~ C..,...;,,'.'S VADi: i __I 8(;CUH, L:C:rlS~~AL .?, A-~~iJUr::Y _ :.s 'tl. . 'C',I/"~E. .".'S .;. C8NTRA:;'I(J.rS 6'OT. I t,JC... OCCU;:;8E,',~e , $ _ Flrl~ OA'..,c.~t:: (Anv ()!',,, ~"!) .j S , '-t--- lYE') EX"" IA"'i <:In;, ~~'~''7H'') S r' . ~OMOBiU; I.IAe,i,.\iY I cc"',e.'~'>.'J 311\~Cl,;..= j.1l', I) I ;\~Y AJiO ~---=-._~,___~_~ , "1'''l\...(~W,~f:OAUiOS ; 90~.ILY;~;.J'_~Y , I : ~?a[ pe~eQ:)) ~ SCI-',t~:_i;,.E:) AU'~~S 1---- A :Xl HIH!;O A~TOS I TT100676 03/06/97 03/06/98 II '. ',))llY i.\JUilY H :P~s:~,c!n~ t x i NOf'H>t1,\JtS AUTCS ,'''-'1 --L- I I TT100.76 ] 1-..- 11"50REO 500,OC .5 I -~-..- is ~ PHCP~R"'Y J,,",',''::.(,E:: I I 03106/97 ! 0310./98 -L i AcJTO ON;' Y _ SA ACC:GE.'~; ~ S ,--- -------<--- ~~~ : C"TI-'E;rl ,t-IA>I AI..:~O O.~LY i CAeH AC.C1D=N~ ! S . 500. QO 'A'(~(;~A~--' ~500,OO j~H ocq'~,~,ilt:~L:_~~~~!___~__ __ ~\'::;:'",.=GA TE - ! s I I i we $,AIU- I ~OJ~1'1 I ' TcrW liMITS : . ,:" I EL ~:::t"'_ ,o"CCCE>.'T j ~ t' I ElOISEA3~ f'OUCVl,.:V.1T ,s I E~ O:SEAS:: - EA E.v;:J:..ov.::r: ! ~ ~OOO DEO, 03106197 . 01106198 I ~1, 000 OED, l_ ~100.000 $50,000 TOWING ~ RECOVERY OPERATDNS I ACORD 25-S 0/;"5);"',>":,, ':":'Tr."'~ """ , '~,'l':'"'. '.,~ r'c E RTffl.9AT(':..gqQpca............\ ::.::::!.....!,!,-;"%;:i;;:i.,ji!S;j.!.!!;'t!\,'.~ii::gj~(ifJpg~~:tiPNtF!.:!::;:;:/.;;;g., ,....;;;:..,.'8'. SHOU~D ANY OF THE ABOVE OESGRJOED PO~ICIES e.li CANCELLED Il(FOqE THe AVEHTURA POLICY DEPT. 2960 AVEHTURA BLVD, EXPIRATION DATE THEREOF, THE ISSUINO COMPANY Will ENDEAVOR TO MAiL AVENTURA fl ~ DAYS WRlrlEN NOTiCE TO 1HE CERTIFICATE hOLDER ~IA,'.l~C ;--C "'HE LEFT, aUT FAILURE TO MAlL SlICH NOTICE SHALL IMPOSE NO OBLlGATIOli OR U..\fl'l,'",",,!, OF ANY KIND UPON TILE ,{COMPANY, IT!j ACENTS OR R(PR!:5ErITATI~'E3 . "AurHOR'ZECnEPR,.'~T~'11V~27" 7)~lt1 i...... '.' --___ ..,. !!',';;E;,!;.d!;#i~gt!;!1t;g.FtHJtf;;iXii.ii:::;rt@'Eii~10:;rMHlfi!!.,y....j';)'!':':E:i:::.T..)[?0I10 ~P<:':'ATIO~ ., '" ............ ,,..., ."" '"'' .-,,', " /- "1 DADE COUNTY TAX COLLECTOR 140 W. FLAGLER ST. 14th FLOOR MIAMI, FL 33130 1996 OCCUPATIONAL LICENSE TAX 1997 DADE COUNTY - ST A T2. Of FLORIDA EXPIRES SEPT. 30, 1997 MUST BE DISPLAYED AT PLACE O!- BUSINESS PURSUANT TO COUNTY CODE CHAPTER SA - ART. 9 & 10 FIRST,CLASS US POSTAGE PAIQ MIAMI. FL PERMIT NO_ 2J t 03C"c6'~-7 BUSINESS NAME I LOCATION S'iAY rCIHNG Hie ?1.~1 NE !.::S Sf JJlo~ Nn~TH MIAMI B~ACH f:' =HF::AAL LICENSE NO. .~l ,~J 91 b - "i OWNER S~AY rOWING INC Sec. Type 01 Business 213 MJVING/rlAUlING/STO~AGE(lOCAL) ~HIS I~ AN ()CCU..A TIOI.,Ac r.>.::<. 0NLY IT DOES NOT f'EFiMI r THE lICEI~SEE TO "IOLAfE ANY EXISTING "EGULATORY OR lONING cA\'iS OF THE COI,;NTY OR (:ITtES NOR DOES IT EXEMPT THE LICENSEE FROM ,;NY OTHER '~ICENSE vR PERMIT AEOUIRED BY _AW. fHIS IS NOT A CERTI. ;'C"T,GN uF THE _1;:;U;SEt ~ aUALlfICA. "iO', :'Vl]~'i .:) DO NOT FORWARD ~c~x rU'!;NG INC .~I~'.lA ~:AY PR~S!D~Nr ~~l)~;~ 15:-; Sf N MiAMY i~~ACH ~l_ ~j:b ~".'M~NT rl[~EiVE!) ''>'IJE ';:::n!W.Y fA~ '::0L~ECTUR J2/26/91 066.. '3 'i(lIl.I (10 'J 1 ;':. I.} .3-~ .' .."--.,.... 1'11l"111111IJI.111111I,111I'11111111,liIIIJ,jlll'I!,JJ1111,) i_'c. C;T HE" SIDE AGREEMENT BETWEEN THE CITY OF AVENTURA AND MIDTOWN TOWING OF MIAMI, INC. This AGREEMENT, dated the day of _' 1997, by and between the CITY OF AVENTURA, a municipal corporation, hereinafter referred to as "CITY"; and MIDTOWN TOWING OF MIAMI, INC. its successors and assigns, hereinafter referred to as "CONTRACTOR". WHEREAS, the CITY has solicited proposals from firms to provide TOWING, WRECKER AND STORAGE SERVICES; and WHEREAS, the contract for TOWING, WRECKER AND STORAGE SERVICES is awarded to SEAY TOWING, INC., said firm having been determined to be the most responsive and responsible proposer. WHEREAS, the City has determined that its best interests are served by contracting with a backup to Seay Towing, Inc.; and WHEREAS, the City has determined that MIDTOWN TOWING OF MIAMI, INC. is the second most responsive proposer and desires to contract with CONTRACTOR to serve as backup to be used in emergencies or where multiple wreckers are required beyond the capability of SEAY TOWING, INC. IN CONSIDERATION of the mutual terms, conditions, premises, and payments hereinafter set forth, the CITY and CONTRACTOR agree as follows: 1. The CONTRACTOR agrees to provide the materials and/or services and, except as to the specific provisions contained in section numbers 2 through 7 below, to be bound by the terms and conditions of the Request for Proposals, RFP #97-9-4-10, which includes an Introduction, General Conditions and Special Conditions, and Bid Forms as attached hereto and incorporated herein as Exhibit "A" and to the terms of CONTRACTOR'S PROPOSAL attached hereto and incorporated herein as Exhibit "S". 2. The CITY agrees to abide by and to be bound by all terms of the Request for Proposal, RFP #97-9-4-10 which includes an Introduction, General Conditions and Special Conditions and Sid Forms as attached hereto and incorporated herein as Exhibit "A" and to the terms of CONTRACTOR'S PROPOSAL attached hereto and incorporated herein as Exhibit "B" except as modified below. 3. CONTRACTOR shall deliver materials and/or provide service when and as directed by the CITY. 4. In lieu of the $8,000.00 annual Exclusive Service Agreement Fee shown on page PF-5 of the Proposal Forms, contractor shall pay to the City $ per tow, for each tow under this agreement, payable on a quarterly basis in arrears, said amount payable on the 20th of the month following the end of each quarter. 5. CONTRACTOR shall comply with all other provisions of the RFP and their Proposal Forms as attached as Exhibits A and B respectively. 6. In the event that the contract with Seay Towing, Inc., is terminated for any reason during the initial term or any renewal term of Seay's contract, CONTRACTOR shall become the primary contractor for Towing, Wrecker and Storage Services for a period not to exceed 120 days in order to allow the CITY the opportunity to request, accept, evaluate and approve a new Towing, Wrecker and Storage Contractor. 7. In the event the contractor becomes the primary contractor pursuant to Section 6 above, CONTRACTOR shall make payments to the City, quarterly in advance, pursuant to page PF-5 of their proposal as attached hereto as Exhibit B. 8. This Agreement constitutes the entire agreement between the parties hereto, and its provisions shall not be amended, except in writing, after formal approval by both parties. 9. This Agreement will commence on November 1st, 1997 and expire on October 31St, 2000 unless contractor is otherwise notified by the City. The agreement may be extended for two (2) additional one year periods upon mutual agreement, in writing, by the CITY and CONTRACTOR. 10. CONTRACTOR agrees to indemnify and hold the City harmless from any and all claims, suits, actions, damages, causes of action, or attorney's fees, arising from any personal injury, loss of life, or damage to person or property sustained by reason of or as a result of the products or services supplied or the negligence of the CONTRACTOR, his employees, agents or assigns. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on this day of 1997. WITNESSES: President Secretary CITY OF AVENTURA Eric M. Soroka City Manager ATTEST: APPROVED AS TO FORM Teresa M. Smith City Clerk City Attorney (CITY SEAL) Exhibit: A CITY OF AVENTURA REQUEST FOR PROPOSAL FOR . TOWING, WRECKER AND STORAGE SERVICE RFP#97 -9-4-10 TABLE OF CONTENTS COPY OF ADVERTISEMENT ADV INTRODUCTION 1 - 4 GENERAL CONDITIONS 5 - 12 SPECIAL CONDITIONS 13 - 30 BID BOND FORM Appendix 1 PERFORMANCE BOND FORM Appendix 2 FORM OF CERTIFICATE OF INSURANCE Appendix 3 PROPOSAL FORMS PF1 - PF19 . \ REQUEST FOR PROPOSALS RFP #97-9-4-10 CITY OF A VENTURA TOWING, WRECKER AND STORAGE SERVICE The Request tOr Proposal document is available at the Finance Support Services Department located at the below address Monday thru Friday from 8:30 a,m. to 5:00 p.m. or by mail by calling (305) 466-8925. FINANCE SUPPORT SERVICES DEPARTMENT CITY OF AVENTURA 2999 N.E. 191 Street Suite 500 Aventura, FL 33180 Sealed proposals will be received at the above address no later than 10:00 a.m. on September 4, 1997 and clearly marked on the outside "TOWING, WRECKER AND STORAGE SERVICE." Any proposals received after said date and time will not be accepted under any circumstances. A public opening will take place in the conference room at the above address, time and date. The City of Aventura reserves the right to reject any or all proposals, to waive any informalities or irregularities in any proposals received, to re-advertise for proposals, or take any other such actions that may be deemed in the best interests of the City. c Eric M. Soroka, City Manager .- -ADV- CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE - RFP #97-9-4-10 This is not an Order INTRODUCTION INT.1.1: SERVICES REQUESTED: The City of Aventura is accepting sealed proposals for the towing and storage of vehicles. A more complete scope of services is included as Section 9.1 under the Special Conditions of this proposal. INT.1.2: CONTRACT PERIOD: The initial contract shall be for a period of three (3) years with the right to renew the contract for two (2) additional one year periods upon mutual agreement of both parties. INT.1.3: PROHIBITIONS RELATING TO OTHER BUSINESS INTERESTS: As more fully discussed in Section 9.3 of the Special Conditions of this RFP, the contractor shall not engage directly or indirectly or through a subsidiary or other entity in the automobile paint and body repair or salvage, junkyard or auto recycling business. INT.1.4: EVALUATION OF PROPOSALS: Proposals will be evaluated based upon the criteria contained in Sections 7.1 through 7.3 of the General Conditions and 11.2 of the Special Conditions. PROPOSER'S NAME~Ui(l(/ft?f.~fJ!t-;;a/)Jj(~"i- Laura ne L tman, Pres~den COMPANY NAME: MIDTOWN TOWING OF MIAMI, IN 1 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR -TOWING, WRECKER AND STORAGE SERVICE RFP#97-9-4-10 This is not an Order INTRODUCTION INT.2.1: INSTRUCTIONS TO PROPOSERS: A. Proposals will be accepted, until 1 0:00AM, Thursday, September 4111, 1997, by the City of Aventura to select a company to provide towing. wrecker and storage services. B. Proposals must be submitted in sealed envelopes and clearly identified as "PROPOSALS FOR TOWING. WRECKER AND STORAGE SERVICE: RFP# 97-9-4-10. C. In order to facilitate review of the proposals, each proposer mUll submit three (3) complete sets of all proposal forms and one set of the RFP document envelope. D. Proposals shall be submitted to the Office of the City Manager, City of Aventura, 2999 N.E. 19111 Street, Suite 500, Aventura, Florida 33180. E. Questions conceming this RFP should be directed to: Glenn Marcos, Purchasing Technician 2999 N.E. 19111 Street Suite 500 Aventura, Florida 33180 (305) 466-8925 F. The City will hold a pre-proposal conference with all interested companies on Thursday, August 2111, 1997 at 2:00PM in the conference room at the Government Center, 2999 N.E. 19111 Street, Suite 500, Aventura, Florida 33180. At that meeting, City staff will attempt to answer questions and requests for changes to proposal forms and/or the RFP. If any cOmpany will be unable to attend this conference, they can submit written questions prior to the date of the conference. Any changes to the RFP and/or proposal forms will be made through formal Addendum after this pre-proposal conference but prior to the proposal submittal date. PROPOSER'S NAM J W1/)~..,.,.p ~~a?<~~ ~ra ne c tman, Preslden COMPANY NAME: MIDTOWN TOtlING OF MIAMI, IN 2 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 . This is not an Order INTRODUCTION INT.2.2: PROPOSAL REQUIREMENTS: Proposals must include but nee<i not be limited to, one original and two copies of the complete Proposal Form including Attachments as follows: . Attachment A - Exclusive Service Agreement Fee Proposal Form . Attachment B - Agency Reference list . Attachment B1- Other References . Attachment C - Vehicle & Equipment list . Attachment D - Storage Compound Information . Attachment E - Proposer's Qualification Forms . Attachment F - Proposal Exception Form . Attachment G - Indemnification Clause . Attachment H - Swom Statement Pursuant to Section 287.133, F.S. The City provided proposal form must be completed, signed, notarized and certified as to authorization. Attachments A, B, B1, C, D, and E must be completed using the City provided forms. For attachments G and H, the City provided forms must be signed and notarized. In addition, the proposal packet shall include one copy of the entire RFP document with the proposers company and initials on each page. .6.1s::, one original of the bid bond or cashier's check must be included in the sealed envelope. INT.2.3: TIMETABLE FOR REVIEW AND SELECTION: The written proposals will be evaluated by a review committee consisting of employees from the City's Police and Finance Support Services Departments. Based upon this evaluation, the Committee may select one or more companies for further evaluation. If determined appropriate, selected companies will receive a site visit to storage and other facilities. It is currently anticipated that said visits. if required, shall be made during the period from September 8th through 10th. A completel:1ackground investigation may also be completed for each proposing company. The Committee shall recommend an agreement with the top ranked company to the City Council at their September 16th, 1997 meeting. It is anticipated that the new company would assume full service responsibilities during . the month of October 1997. " '. . ~7 J, ;(,_ A~-Z, PROPOSER S NAM~~i1'fi~i& /J:{.n;,,~ ~ ;Ji . d n man, reS1 en! COMPANY NAME: MIDTOWN TOWING OF NIAMI. INC 3 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR -TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order INTRODUCTION INT.3.1: CITY'S RIGHTS RESERVED: The City of Aventura reserves the right to reject all proposals or to reject any proposal not conforming to this Request for Proposal, and to waive any irregularity or informality with respect to any proposal. The City further, reserves the right to request clarification of information submitted and to request additional information from one or more proposers. The City may also negotiate modification to proposals deemed to be in the best interest of the City. INT.4.1: PUBLIC ENTITY CRIME/DISQUALIFICATION: Pursuant to Section 287.133(3)(a), Florida Statute all proposers are advised as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a pl,lblic entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity and may not transact business with any public entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." PROPOSER'S NAM~~fiW#'~~~;;:t a c man, Presiden COMPANY NAME: MIDTOWN TOWING OF MIAMI, INC 4 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 . This is not an Order GENERAL CONDITIONS 1.1 TAXES: Proposer should not include taxes in proposal prices. 1.2 PURPOSE OF PROPOSAL: The City of Aventura intends to secure a source of supply(s) of the service needed at the most responsive and responsible price. The City reserves the right to award the proposal considered to best serve the City's interests. 1.3 Any questions concerning the proposal specifications or any required need for clarification should be made at least five (5) days prior to the date of the proposal opening. No plea of ignorance or delay or required need of additional information shall exempt a proposer from submitting his proposal on the required date and time of day as publicly noted. 1.4 Proposer warrants that the prices, terms and conditions quoted in the proposal will be firm for a period of ninety (90) days from the date of the proposal opening unless otherwise stated by the proposer. Incomplete, unresponsive, irresponsible, vague, ambiguous responses to the request for proposal will be just cause for rejection as determined by the City. 1.5 In the event of any conflicts between provisions contained in the General Conditions (Section 1.1 through 8.4) and Special Conditions (Section 9.1 through 16.3), the provisions contained in the Special Conditions shall govern. PROPOSER'SNAM~W)h{q~(~ ;;;;',/;.,--1 ra~n man,Preside-TCOMPANY NAME: HIDTOWN TOWING OF IHAMI. I: 5 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR -rOWING, WRECKER, AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order GENERAL CONDITIONS 2.1: SUBMISSION OF PROPOSALS 2.1.1: Proposers must use the proposal form(s) furnished by the City. Failure to do so may cause the proposal to be rejected. Removal of any part of the proposal may invalidate the proposal. 2.1.2: Proposals having an erasure or corrections must be initialed by the proposer in ink. Proposals shall be signed in ink. All quotations shall be typewritten or filled in with ink. 2.2: GUARANTIES: No guarantee or warranty is given or implied by the City as to the total amount of services that mayor may not be purchased from any resulting contract or award. These quantities are for proposal purposes only and will be used for tabulation and presentation of the proposal. The City reserves the right to reasonably increase or decrease quantities as required. The prices offered herein and the percentage rate of discount applies to other representative items not listed in this proposal. 2.3: DELIVERY: All items shall be delivered F.O.B. destination (i.e. at a specific City of Aventura address), and delivery costs and charges (if any) will be included in the proposal price. Exceptions should be noted. When practical, the City may make pick- ups at the vendor's place of business. 2.4: MISTAKES: If there is a discrepancy in the unit and extended prices, the unit price(s) will prevail and the extensions adjusted to coincide. Proposers are responsible for checking their calculations;. Failure to do so will be at the Proposer's risk and errors will not release the proposer from his responsibility as noted herein. PROPOSER'S NAMEdC~~~~ ~p;d7 aura1ne Li tman, Presider COMPANY NAME:MIDTOWN TOWIllG OF MIAMI. INC 6 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER, AND STORAGE SERVICE . RFP #97-9-4-10 This is not an Order GENERAL CONDITIONS 3.1: BRAND NAMES: If a brand name, make, of any "or equal" manufacturpr trade name, trade name, or vendor catalog is mentioned whether or not followed by the words "approved equal" it is for the purpose of establishing a grade or quality of material only. Vendor may offer equals with appropriate identification, samples and/or specifications on such item(s). The City shall be the sole judge concerning the merits of items proposed as equals. 3.1.2: Provision of any written indication of intent to quote an alternative brand or model number, or designation of objective of the proposal will be considered as a quotation in complete compliance with the specifications as listed, at the discretion of the city, which would best serve the City's interest. 3.2: MATERIAL: Acceptance of any materials delivered under this proposal shall remain the property of the seller until accepted to the satisfaction of the City. In the event materials supplied to the City are found to be defective or does not conform to specifications, the City reserves the right to return the product(s) to the seller at the sellers expense. 3.3: PRICING: Prices should be stated in units of quantity speciftec:l In the proposal specifications. In case of a discrepancy, the city reserves the right to make the final determination at the lowest net cost to the City. 3.4: SAFETY STANDARDS: The proposer warrants that the producl(s) supplied to the City conforms in all respects to the standards set forth in the occupational safety and health act and its amendments. Proposals must be accompanied by materials data safety sheets (M.D.S.S.) when applicable. 3.5: PAYMENTS: Paymerit will be made after commodities/services have been received, accepted, and properly invoiced as indicated in the contract and/or purchase order. Invoices must bear the purchase order numbE'r. . 7 ~ ~J r' PROPOSER'S NAM 'ti/J/i/fl'lI? ( 1'/1?7~"" /1P-d/..-ez'/ Lauraine L chtman, Preside, COMPANY NAME: MTn1'(ll.1N 1'(l1JTNfO (Ii MIM;I, IN 7 CITY OF A VENTURA REQUEST FOR PROPOSAL FOR . TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order GENERAL CONDITIONS - " 4.1: LIABILITY, INSURANCE, LICENSES & PERMITS: Where proposers are required to enter onto City of Aventura property or public right of way to deliver materials or to perform work or services as a result of a proposal award, the proposer will assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, inspections, and insurance required. The proposer shall be liable for any damages or loss to the city occasioned by negligence of the proposer (or his agent) or any person the proposer has designated in the completion of his contract as a result of the proposal. Contractor shall be required to fumish a certified copy of all licenses, certificates of competency or other licensure requirements necessary to perform services hereunder as required by Florida State Statute, South Florida Building Code, Dade County, or City of Aventura Code, if any. These documents shall be furnished to the City along with the proposal response. Failure to furnish these documents or to have required licensure will be grounds for rejecting the proposal and forfeiture of the bid bond. 4.1.2: The vendor shall furnish to the Finance Support Services Director, City of Aventura, 2999 N E 19111 Street, Suite 500, Aventura, FL. 33180, certificate(s) of insurance which indicate that insurance coverages comply with Section 13.1 under Special Conditions of this proposal. 4.1.3: COUNTY LICENSE: No bid may be submitted or awarded unless the proposer has a Dade County license under sec. 30-472 of the County code. \ PROPOSER'S NAM~-r/A'I'J~t~!fr tfZd~ au al.n c 'tman, Presider COMPANY NAME:MIDTOWN TOWING OF MIAMI. INC. 8 - CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order GENERAL CONDITIONS 5.1.1: COMPLIANCE WITH LAW: Proposer shall conduct its operations in compliance with all applicable federal, state, county and local laws; in providing any services hereunder. " ~ )?L . PROPOSER'S NAM 1!21A:1V1vt'4~ fh. /Je&i.,j aura~ne c man, Presiden COMPANY NAME: MIDTOWN TOI-lING OF MIA/II, INC 9 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE ~ RFP #97-9-4-10 This is not an Order GENERAL CONDITIONS 6.1: ASSIGNMENT: The contractor shall not transfer or assign the performance required by this proposal without prior written consent of the City of Aventura. Any award issued pursuant to this proposal invitation and monies which may be payable by City are not, assignable except with prior written approval of the City of Aventura. 6.2: AWARD OF BIDS: The City of Aventura reserves the right to accept or reject any and/or all proposals or parts of proposals, to workshop or negotiate any and all proposals, to waive irregularities, and to request re-proposals on the required materials or services. The City also reserves the right to award the contract on a split order basis, group by group or item by item, or such combination as will best serve the interests of the City unless otherwise stated. The City also reserves the right to waive minor variations to the specifications (interpretation of such to be made by the applicable department personnel). Final determination and award of proposal (s) shall be made by the City Council. PROPOSER'S NAMe:f/A'/Jf1A'..nPIf!tf:hIn~~ auraine ic tman, President COMPANY NAME:XIDTOI,N TOWING OF MIAtlI, INC. 10 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR . TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order GENERAL CONDITIONS 7.1: EVALUATION OF PROPOSALS: The City, at it's discretion, reserves the right to inspect any/all proposers facilities to determine their capability of meeting the City's needs. 7.2: IDENTICAL (TIE PROPOSALS): Shall be awarded by the City in compliance with Florida State Statutes providing for a drug free workplace and also the City of Aventura Ordinance:#96-07, that is, in the event of an identical tie bid, a preference shall be given to a business having a drug free workplace under Florida State Statute 287.087, as amended. Failure to provide proof of compliance when requested shall be just cause for rejection of the proposal as determined by the City, holding the City harmless for such rejection. 7.3: PREFERENCE TO LOCAL BUSINESSES: Pursuant to Section 1,(G), of Ordinance No. 96-07, "businesses located within the (corporate limits) of the City of Aventura. . . shall receive a preference bonus of 10% or 10 points during the tabulation of bid proposals". 7.4: HOLD HARMLESS: All proposers shall hold the City, it's officials and employees harmless and covenant not to sue the City, it's officials and employees from their decisions to reject, award or not award a proposal, as applicable. 7.5: CANCELLATION: Failure on the part of the vendor to comply with the conditions, specifications, requirements, and terms as determined by the City, shall be just cause for cancellation ofthe award, with the vendor holding the City harmless. 7.6: DISPUTES: If any dispute conceming a question of fact arises under this contract, other than termination for default or convenience, the contractor and the city department responsible for the administration of the contract shall make a-good faith effort to resolve the dispute. If the dispute cannot b6 resolved by agreement, then the department with the advise of the City Attomey, shall resolve the dispute and send a written copy of its decision to the contractor, which shall be binding on both parties. ~ ;J 11 IF PROPOSER'S NAME' . '<I1OCP /f/j(~{b /%&%/;;..1 aura ne ichtman, Preside COMPANY NAME: HIDTOWN TOWING OF HIAHI. IN 11 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR -rOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order GENERAL CONDITIONS 8.1: NONCONFORMANCE TO CONTRACT: The City of Aventura may withhold acceptance of, or reject items or services which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, items shall be removed within five (5) calendar days by the vendor at his own expense and redelivered at his expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and the City shall have the right to dispose of them as it's own property. Rejection for nonconformance, failure to provide services conforming to specifications, or failure to meet delivery schedules may result in the contractor being found in default. 8.2: DEFAULT PROVISION: In case of default by the proposer or contractor, the City of Aventura may cancel the service agreements, procure the articles or services from other sources and hold the proposer or contractor responsible for any excess costs occasioned or incurred thereby. . 8.3: INDEMNIFICATION: The contractor shall indemnify, save harmless, and defend the City of Aventura, it's officers, agents and employees from and against any claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct of the contractor, his agents, servants or employees in the provision of goods or the performance of services pursuant to this proposal and/or from any procurement decision of the City including without limitation, awarding the contract to the contractor. 8.4: SECONDARY/OTHER VENDORS: The City reserves the right in the event the primary vendor cannot provide.an item(s) or service(s) in a timely manner as requested, to seek and obtain other sources without thereby violating the intent of the cootract. PROPOSER'S NAM~/J/linifI:/jJLa., IfZ,u/~ ~auraine Lichtman, Presiden COMPANY NAME: MIDTOWN TOIHNG OF MIAMI, H 12 CITY OF A VENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE . RFP #97-9-4-10 This is not an Order SPECIAL CONDITIONS 9.1: SCOPE: The City of Aventura is accepting sealed proposals for the towing and storage of vehicles. The contractor shall provide for the removal, impounding, and storage of junk vehicles, abandoned vehicles. illegally parked vehicles, non-driveable vehicles at accident scenes, the vehicles of prisoners arrested by the City of Aventura Police Department, or vehicles that are required to be removed or impounded for any reason that arises; from the publiC rights-of-way or other areas within the city or from other locations as directed by the City of Aventura. The contractor will provide twenty- four hour towing services, 365 days per year. The contractor wiD supply the City with priority services. The contractor will be given first call for all wrecker services requested by the City unless a motorist makes a specific request for another wrecker. The City reserves the right to request another wrecker service in an emergency situation. The contractor shall charge for the tow and/or storage of any vehicle directly to the owner or operator thereof, and not to the City, in accordance with the City approved rate schedule. Vehicles towed and/or stored under the provisions of this contract shall only be taken to the approved storage location or to a location approved in writing by the owner. 9.2: INITIAL CONTRACT PERIOD AND CONTRACT RENEWAL: The initial contract shall be for a period of three (3) years from execution of the agreement. In addition, the City reserves the right to renew the contract for two (2) additional one year periods. providing that both parties agree that all terms, conditions and specifications remain the same, contingent upon approval by the City Manager and the City Council of the City of Aventura. 9.3: PROHIBITION AGAINST OTHER BUSINESSES: The contractor shall not engage directly or indirectly or througl) a subsidiary or other entity in the automobile paint and body repair business or salVage, junkyard or auto recycling. Further, the_contractor shall not undertake any repairs to, or remove any part or parts from, any vehicle towed or stored pursuant to the provisions herein. Contractor also agrees that during the term of the agreement, contractor shall have no financial ties to a body shop/auto repair shop and will not accept any compensation for referral work on towed vehicles. The contractor agrees to refrain from soliciting any referrals from~n auto body and/or , repair facilities. , (J I J/4'L W PROPOSER'S NAM ;0-uJabW ./!(~fl. p' , . COMPANY NAME: LauLallle lehman, Pres1d MIDTOWN TOWING OF MIAMI, I 13 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR .TOWlNG, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order SPECIAL CONDITIONS 10.1: NO CONTINGENT FEE: Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure the agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working for solely for the contractor, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making the agreement. For the breach or violation of this provision, the City shall have the right to terminate the agreement, without liability, at its discretion. 10.2: ATTORNEY'S FEES: If the City incurs any expense in enforcing the terms of the agreement whether suit be brought or not, contractor agrees to pay all such costs and expenses including but not limited to court costs, interest, and reasonable attorney's fees. PROPOSER'S NAMJvA1{Uh1.e,tJ!l~l?eaJ;;;I Lauraine Lichtman, Presiden COMPANY NAME: MTn'l'OlJN 'i'OIJTNr. OF MIAMI, IN[ 14 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 ~ This is not an Order SPECIAL CONDITIONS 11.1: ADDENDA, CHANGES OR INTERPRETATIONS DURING BIDDIN';: Any inquiry or request for interpretation received seven (7) or more days prior to the date fixed for the opening of the proposals will be given consideration. All such changes or interpretations will be made in writing in the form of an addendum and, if desired, will be mailed or sent by available means to all known prospective proposers not later than five (5) days prior to the established proposal opening date. Each prospective proposer shall acknowledge receipt of such addenda in the space provided therefor in the proposal form. In case any proposer fails to acknowledge receipt of such addenda or addendum, his proposal will nevertheless be considered as though it had been received and acknowledged and the submission of his proposal will constitute acknowledgement of the receipt of same. All addenda are a part of the contract documents and each proposer will be bound by such addenda, whether or not received by him. It is the responsibility of each prospective proposer to verify that he has received all addenda issued before proposals are opened. Any questions regarding the specifications may be directed to the Finance Support Services Department, Glenn Marcos, Purchasing Technician, located at 2999 N E 19111 Street, Aventura, Fl. 33180, (305) 466-8925. Under no circumstances will the City accept facsimile transmissions in lieu of a sealed proposal. Any proposals received in the above manner will be deemed unresponsive and a "no proposal" will be entered for the proposer. 11.2: BASIS OF AWARD: Award will be made to the most responsive and responsible proposer. Evaluation criteria, in addition to those contained in Sections 7.1 through 7.3 of the General Conditions, are the fee proposed, quantity and quality of equipment and size, location, and appropriate layout of storage facility, and the overall ability to perform the services requested. 11.3: BONDS: The proposer must include a bid bond in the amount of five percent (5%) of the yearly exclusive service agreement fee proposed. Such bond may be in the form of a certified or cashier's check or security bond in the form shown as Appendix 1 to this RFP. In addition, the successful bidder shall fJmish a performance bond in the amount of 100% of the yearly Exclusive Service Agreement Fee with the City of Aventura as the obligee, as security for the faithful performance of the contract. The bond shall be issued by a satisfactory surety company authorized to do business in the State of Florida and be in the form shown as Appendix 2 to this RFP. PROPOSER'S NAM bY2 COMPANY NAME~aura ne MIDTOWN TOWING OF MIAMI,II 15 - CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order SPECIAL CONDITIONS 11.4: BID SECURITY FORFEITED. LIQUIDATED DAMAGES: Failure to execute a contract in the form prepared by City and file an acceptable performance bond as provided herein within ten (10) days after written notice of award has been given shall be just cause for the annulment of the award by City and the forfeiture of the bid security to the City, which forfeiture shall be considered not as a penalty, but in liquidation of damages sustained. Award may then be made to the next highest responsible proposer or all proposals may be rejected, as best meets the needs of the City. 11.5: CONTRACT CONTINUITY: In the event services are scheduled to end either by contract expiration or by termination by the City of Aventura (at the City's discretion), it shall be incumbent upon the contractor to continue the service, if requested by the City, until new services can be completely operational. At no time shall this transition period extend more than ninety (90) days beyond the expiration date of the existing contract. PROPOSER'S NAM~04jJjJ~~ Lauraine Lichtman,Presider COMPANY NAME:MIDTOWN TOWING OF MIAMI. H 16 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 . This is not an Order SPECIAL CONDITIONS 12.1: COMPLAINTS OR DISPUTES: The contractor agrees that any complaints received by the City conceming misconduct on the part of the contractor, such as excessive charges, poor business practices, damage to vehicles, etc., will be referred to the office of the Deputy Chief of Police for appropriate action. The contractor agrees to make any complaints concerning the City of Aventura available to the City Manager or his designee for action as required. 12.2: PERSONNEL:The contractor shall have a minimum of three years experience in towing any and all types of vehicles including motor vehicles, truck tractors, trailers, tank trailers, and boat trailers. The contractor shall have qualified trained employees. No less than two operators shall be on duty at all times to avoid delays and be able to respond to a scene within thirty (30) minutes. The contractor shall agree to have in its personnel file, a D.MV. report on each driver that it updates annually. Contractor agrees to ensure that all drivers posses a valid commercial drivers license in accordance with the law. It also will ensure that all drivers used on City calls shall be neat, clean, courteous, sober and competent in operating skills. Contractor agrees to be responsible for such drivers. 12.3: RESPONSE TIME: The contractor shall respond within thirty (30) minutes with appropriate towing equipment to handle a towing call requested by any authorized representative of the City of Aventura Police Department. If said response time exceeds thirty (30) minutes, said delay may be punishable by a $50.00 fine charged to the contractor. In the event that the call for a wrecker is for a non-emergency towing service of a City vehicle, then the response time shall be 45 minutes with appropriate towing equipment to handle the call. If said response time exceeds 45 minutes for a non-emergency tow of a city vehicle, said delay may be punishable by a $50.00 fine charged to the contractor. . .The enforcement of the fine provisions shall be at the direction and discretion of a city police representative who will take into consideration mitigating circumstances which may have caused the untimely response. The contractor agrees to pay any fines assessed and to reimburse the City within 30 days, for any fees or expenses incurred because of the contractor's failure to respond to a call within the response time period or because of the contractor's inability to respond with sufficient equipment to complete the towing assignment. PROPOSER'S NAM : COMPANY NAME:La MIDTOWN TOWING OF MIAMI,I~ 17 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 . This is not an Order SPECIAL CONDITIONS 12.4: UCENSING: The successful proposer shall be licensed and certified by all appropriate State and Local agencies. The contractor shall procure at it's own expense, all necessary licenses and permits. The contractor shall conform to all applicable laws, regulations, or ordinances of the State, County, and City. 12.5: EQUIPMENT: The successful proposer shall provide and maintain and have available at all times a minimum of three tow trucks rated class "A" wreckers. One (1) class "B" wrecker, one (1) class "c" wrecker, and one class "A" or "B" flatbed. All tow trucks shall be equipped as described in the section 15.1 entitled "Minimum Standards", During severe storms and emergencies, the successful proposer will have available one additional tow truck. 12.6: STORAGE: The contractor must provide storage for impounded vehicles. The Storage area must be of a size to hold a minimum of one hundred vehicles, property spaced to provide access for removal or addition of vehicles. The storage area must have a durable surface, property drained and enclosed. No repair wort< or servicing of vehicles shall be permitted in the storage area. The contractor will provide on a twenty- four hour basis, attendants and sufficient equipment for immediate response to calls for service from the City of Aventura Police Department or other departments of the City of Aventura. In addition, the, contractor will make available, adequate personnel to staff the storage compound from 7:00 A.M. to 7:00 P.M., Monday thru Saturday for the purpose of releasing vehicles to the owners. The contractor further agrees to provide on call, personnel to release vehicles between 7:00 P.M. and 7:00 A.M. on Monday thru Saturday and at all times on Sunday and/or holiday. The contractor will not change the storage facility location without written permission from the City of Aventura. Contractor shall provide storage for towed vehicles in the outside enclosure area unless specific written instructions are given for inside storage by the owner of the vehicle or by the attending city oftlcial. Cars designated for outside storage shall be charged at the outside storage rate. If the contractor prefers to use inside storage, he shall hot charge a higher rate than the outside storage rate. If, in the opinion of the police officer at the scene, the vehicle requires special weather protection, he or she will so note it on the vehicle storage receipt and the contractor shall be required to completely cover the car with a weather proof material and shall be allowed to charge the sum of fifty cents ($.50) per day for this service. ' PROPOSER'S ~M-..t.~I!;1.~d COMPANY NAME:au~ n, resden 18 MIDTOWN TOWING OF HIAMI, IN' CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 - This is not an Order SPECIAL CONDITIONS 12.7: INSIDE STORAGE: Contractor shall furnish inside storage for at least five (5) vehicles which are of a condition that inclement weather could result in damage thereto. Said area shall be en~losed by solid walls, roof and access door. Vehicles stored with a police hold shall be maintained in a designated secure and covered locations and not disposed of or released unless authorized by the City of Aventura Police Department. 12.8: CONTRACTOR'S LIABILITY: The contractor's liability for a towed vehicle and all personal property contained therein, shall commence with the time the wrecker is hooked into the vehicle to be towed. The contractor shall have his employee, representative, or agent inventory jointly with a police officer, or owner, or possessor of the vehicle, all personal property in the vehicle(s) (exclusive of any evidence impounded by police) which the contractor is directed to tow. The contractor agrees to assume full responsibility for any articles of personal property left in the vehicle and listed on the property receipt form. The contractor agrees to replace any such articles upon verification of the loss by the Aventura Police Department or other law enforcement agency. ~ Personal property in the vehicles stored by the contractor shall not be disposed of to defray any charges for towing and storage of vehicles, without a court order ~ Contractor shall assume responsibility for theft from, or of, any vehicle stored in the contractor's compound. In the event that the contractor has in his possession a vehicle or personal property that is determined pursuant to Florida State Statutes, to be abandoned; disposal and/or any transfer of title to the property shall be regulated pursuant to chapter 705, F. S. S. The City reserves the right to cancel a request for services of the contractor at any time, including up to the time of hook-up. The contractor shall agree that the mere response to a service call scene without other action does not constitute a service can for which charges are applicable. 12.9: REPORTS: AU inventory records of personal property in the vehicles which have been towed shall be made in triplicate, and signed by the contractor or it's agent. One copy shall be maintained by the contractor as a permanent record, one copy of the inventory shall be given to the owner or operator of the vehicle being towed, if known, or securely attached to the vehicle, and one copy shall be retained b~~;Of~A e"9tura'4:~ -;-1 PROPOSER'S N~M .U{1r:~~~_ ",,",J<';"v~. COMPANY NAME':au n, resl.den 19 MIDTOWN TOWING OF MIAMI, INC. CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 - This is not an Order SPECIAL CONDITIONS The contractor shall maintain such personal property in an appropriate locked room. The contractor will provide to the City of Aventura Police Department a complete and detailed list of the vehicles towed pursuant to this agreement and which have remained on the contractor's lot for a period in excess of thirty (30) days. Information will be provided to the city relating to personal property coming into the contractor's control as a result of this agreement, which has remained in the contractor's control for a period in excess of thirty (30) days. The contractor, immediately upon impounding or removing .. any vehicle, shall prepare, without charge, a written report of the description of the vehicle, which report shall include: A. Make & Model of the vehicle B. License Number C. Vehicle identification number D. Number of tires E. Condition of vehicle F. Name, address & phone number of towing service G. Towing charges H. Storage charges I. Facility to which vehicle was towed. A copy of the report shall be signed by the contractor and delivered to the Aventura Police Department. The contractor shall comply with Sec. 715.05, Florida Statute. PROPOSER'S NAME~/I~P ~jjp,J1k! COMPANYNAME:La e cn man,Pres~de MIDTOWN TOWING OF MIAMI, I 20 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 - This is not an Order SPECIAL CONDITIONS 13,1: INSURANCE: The contractor shall purchase and maintain, in full force and effect for the life of the contract, at contractor's sole expense, the following required insurance policies: 1. A business automobile policy which covers any auto used in connection with this agreement, regardless of whether the vehicle is owned, rented, hired or borrowed by the contractor. Minimum limits for bodily injury/property damage liability shall be $500,000 per occurrence. 2. A comprehensive general liability policy with minimum coverage limits of $500,000.00 for bodily injury and property damage per occurrence. 3. A comprehensive garage-keepers legal liability policy with minimum combined single limit coverage of $500,000.00 for bodily injury and property damage. 4. A garage liability policy with minimum combined single limit coverage of $500,000.00 for bodily injury and property damage. 5. A worker's compensation and employer's liability policy which covers all of the contractor's employees to be engaged in work on this contract as specified by and in accordance with F.S.S. 440. The City of Aventura shall be named as additional insured on policies listed as 1 - 4 of the contractor's above required policies of insurance. The form and types of coverage and sufficiency of insurer shall be subject to approval of the City Manager. The contractor agrees to indemnify, defend and hold harmless the City of Aventura from and against any and all claims, suits, judgments, executions and/or liabilities as to bodily injuries and/or property damages which arise or grow out of this contract or contractors performance or operations hereunder. . Copies of all policies or certificates of such insurance shall be delivered to the city, and said documentation shall provide for the City to be notified a minimum of thirty (30) days prior to any cancellation, termination, reduction or non-renewal of any required insurance policy. 21 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 - This is not an Order SPECIAL CONDITIONS 13.1: INSURANCE: (cont.) The contractor shall also, upon request by the City, provide copies of all official receipts and endorsements as verification of contractor's timely payment of each insurance policy premium as required by this contract. ~ ~.. f2 /"n+ PROPOSER'S NAM. '.I/)(;L z,J(11J?4I>>-'-0 Lau a ne c tman,Presiden COMPANY NAME:~lTn'l'nT.JN 'l'fllJTNIO n... MIAMI. INC. 22 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 - This is not an Order SPECIAL CONDITIONS 14.1: CONTRACTOR'S RELATION TO THE CITY: It is expressly agreed and understood that the contractor is in all respects an independent contractor as to all work hereunder, and that the contractor is in no respect an agent, servant or employee of the City of Aventura. This contract specifies the work to be done by the contractor, but the method to be employed to accomplish this work shall be the responsibility of the contractor, unless otherwise provided in the contract. 14.2: OTHER SERVICES: Nothing contained in the agreement will prevent the owner or operator of a motor vehicle from calling a wrecker or tow truck of their own choice or requesting that their vehicle be towed to a garage or compound other than that of the contractor. 14.3: REMOVAL OF DEBRIS: The contractor agrees that, upon arrival at an accident scene, the tow truck operator will remove from the site, any hazardous debris, spilled petroleum products, or volatile items, unless conditions warrant that the County Fire Department render assistance, as determined by hazardous materials response team. (Usually 10-15 Gallons of material.) All items shall be removed and dispOSed of in compliance with O.S.H.A. guidelines and amendments thereof. 14.4: VICTIMS OF CRIME: The contractor agrees, notwithstanding other provisions of the specifications, that it wi" not charge persons who have been victims of crimes, for the towing and storage of their vehicles. 14.5: DISCRIMINATORY PRACTICES: The contractor shall not deny service, deny access, or deny employment to any person on the basis of race, color, creed, sex, religion or national origin. The company will strictly adhere to the equal employment opportunity requirements and any applicable requirements established by tne State of Florida or the Feeleral Government. PROPOSER'S NAM~/)(l~nl//L~r~d~" Lauraine Lichtman, President COMPANY NAME:MTOTflTJN TOIHNr. OF liT AHI, IN 23 CITY OF A VENTURA REQUEST FOR PROPOSAL FOR -TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order SPECIAL CONDITIONS 15.1: MINIMUM STANDARDS: ALL CLASS "A" TOW TRUCKS' MUST MEET THE FOLLOWING STANDARDS: A. MINIMUM MANUFACTURE CAPACITY OF 10,000 GVW. B. BOOM CAPACITY OF NOT LESS THAN FOUR (4) TONS. C. POWER WINCH PULLING CAPACITY OF NOT LESS THAN FOUR (4) TONS. D. MINIMUM OF 100 FT. OF 3/8" CABLE. E. CRADLE OR TOW PLATE OR TOW SLING TO PICK UP VElflCLES. CRADLE OR TOW PLATE TO BE EQUIPPED WITH SAFETY CHAINS AND SO CONSTRUCTED THAT NO FURTHER DAMAGE WILL OCCUR WHEN PICKING UP VEHICLES. F. DUAL WHEELS. CLASS "B" TOW TRUCKS SHALL MEET THE FOLLOWING MINIMUM STANDARDS: A. MINIMUM MANUFACTURE CAPACITY OF 15,000 POUNDS GVW. B. BOOM CAPACITY OF NOT LESS THAN 6 TONS. C. POWER WINCH PULLING CAPACITY OF NOT LESS THAN 4 TONS. D. MINIMUM OF 100 FT. OF 3/8 INCH CABLE OR LARGER. E. TOW SLING AND DUEL WHEELS. F. DOUBLE BOOMS SO CONSTRUCTED AS TO PERMIT SPLITTING EACH BOOM TO OPERATE INDEPENDENn Y OR JOINTL V. SINGLE BOOM HYDRAULIC ELEVATED AND EXTENDABLE WITH 360 DEGREES SWIVEL AT END OF BOOM. G. TWO SNATCH BLOCKS; 8 TON RATING. PROPOSER'S ~ . ~<" z . l i/J_. I?e~ COMPANY NAME':U~~1't~arreS~dent MIDTOWN TOWING OF MIAMI,INC 24 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR . TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order SPECIAL CONDITIONS CLASS "C" TWO TRUCKS SHALL MEET THE FOLLOWING MINIMUM STANDARDS: A. MINIMUM MANUFACTURE CAPACITY OF NOT LESS THAN 25,000 Ibs. GVW B. DOUBLE BOOM CAPACITY OF NOT LESS THAN 12 1/2 TONS INDEPENDENTLY, 25 TONS JOINTLY. C. POWER WINCH PULLING CAPACITY OF NOT LESS THAN 25 TONS. D. MINIMUM OF 200 FEET OF AT LEAST 9/16 INCH CABLE. E. DOUBLE BOOM SO CONSTRUCTED TO PERMIT SEPARATING EACH BOOM TO OPERATE INDEPENDENTLY OR JOINTLY. F. AIR BRAKES SO CONSTRUCTED AS TO LOCK ALL WHEELS AUTOMATICALLY UPON FAILURE. G. CRADLE TOW PLATE OR TOW SLING TO PICK UP VEHICLES. H. DUAL WHEELS. CLASS "A" OR "B" FLATBED: SHALL BE EQUIVALENT TO CLASS "A" ORmB" TOW TRUCK IN RESPECT TO EQUIPMENT STANDARD NEEDS. A. GVW OF 11,000 LBS. B. WINCH POWER 8,000 LBS. C. DUAL WHEELS 15.2: RADIO COMMUNICA nONS: The contractor will provide all towing vehicles used pursuant to this agreement, with two way radio communication systems. The communication shall be between the contractor's base station and all service trucks utilized in providing city towing service. The two-way radios will not be tuned to any city frequencies. . 15.3: UNDERWATER DIVER: The contractor shall fumish a certified underwater diver if requested by the Police Department for removal of submerged or partially submerged vehicles. The contractor assumes all claims, liabilities, and expenses incurred by such diver. For every diver, duty time shall be computed from the time of arrival at the scene to the time vehicle or property is rigged and hoisted to dry land. ~ . 1 . PROPOSER'S NAM . ~-V~( U.cc~f~gLJ3~ :1 COMPANY NAME:"!: u " le {nt:man, Preside 25 MIDTOWN TOWING OF MIAMI,I~ CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order - SPECIAL CONDITIONS 15.4: CITY DIVER: A city diver shall be used in the event of an emergency situation and the City will be reimbursed by the Contractor at the rate of minimum of $75.00 per hour to a maximum of $100.00 per hour. In the event of an emergency situation where a City diver is not available the Contractor shall supply a diver and will charge the owner at $100.00 per hour per diver. In the event of a non-emergency situation, vehicle owner shall be responsible for obtaining the services of a diver and wrecker for removal. Owner shall be given a twenty-four (24) hour period to accomplish removal. If the owner has not accomplished the removal in the time period specified, the contractor shall supply a diver and will charge the owner at $100.00 per hour per diver. 15.5: MISCELLANEOUS EQUIPMENT: All tow trucks must be equipped with an oscillating amber light mounted on top of the tow truck cab. Furthermore, the following equipment must be present on all tow trucks: A. RED LIGHT AND RED REFLECTORS ON THE REAR AND REAR SIDES. B. DOLLIES C. AT LEAST ONE HEAVY DUTY PUSH BROOM AND SHOVEL D. FLOOD LIGHTS ON HOIST E. ONE AXE F. ONE CROW BAR OR PRY BAR G. ONE FOUR POUND C02 FIRE EXTINGUISHER OR EQUIVALENT. H. ONE PAIR OF BOLT CUTTERS I. ONE PAIR OF JUMPER CABLES J. ONE FOUR WAY LUG WRENCH K. ONE FLASH LIGHT L ONE SET OF THREE PORTABLE REFLECTORS M. FlVE THIRTY MINUTE FUSES N. TWO RED FLAGS AT LEAST ONE FOOT BY ONE FOOT IN THE EVENT OF FUEL SPILLS, THE FOLLOWING EQUIPMENT WILL BE NECESSARY: O. P. Q. ADSORBENT, HYDROPHILIC ADSORBENT, HYDROPHOBIC CONTAINERS FOR USED ADSORBENTS i..(2w;{2un.R ~~~ ~J.ed PROPOSER'S l)I~ur~l,,~ Lld.Lu,~u, ~resident COMPANY NAM'!:: MIDTOWN TOWING OF MIAMI, INC 26 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 - This is not an Order SPECIAL CONDITIONS 16.1: FINANCIAL ARRANGEMENTS/RATES: The contractor shall collect all towing and storage fees in an amount not to exceed that stated below, from the owner of the vehicle or his authorized representative at the time he makes application for release of the vehicle at the tow yard or other destination. In the event the owners do not apply for release of the vehicle within the statutory period, the police department must be notified prior to any procedure to junk or otherwise dispose of the vehicle. Whenever impounded vehicles are claimed by the owner, the owner shall be fumished with an itemized statement of all charges for the impounding of the vehicle. The contractor shall receive from the vehicle owner a receipt and release for the vehicle and all personal property therein and the contractor shall retain the receipt for at least one year. The City of Aventura shall not be responsible or liable to the contractor for nonpayment of any towing or storage fees to the contractor by the owner or operator of the vehicle. The rates shall be as follows and shall remain unchanged during the course of the agreement, including any extension to same. A. INSIDE STORAGE PER TWENTY-FOUR HOUR PERIOD 1. MOTORCYCLES OR SCOOTERS 2. CARS AND SMALL TRUCKS TO 3/4 TON 3. TRUCKS OVER 3/4 TON 4. SEMI-TRUCKS, BUSES, HOUSE TRAILERS B. OUTSIDE STORAGE PER TWENTY-FOUR HOUR PERIOD 10.00 15.00 25.00 25.00 1. MOTORCYCLES OR SCOOTERS 2. CARS AND SMALL TRUCKS 3. TRUCKS OVER 3/4 TON 4. SEMI-TRUCKS, BUSES HOUSE TRAILERS 8.00 10.00 15.00 15.00 1 1/. )~'1 I . /},' I ///1,1 .~:;;;r PROPOSER'S ~ri~("~g:w(.-'>>m.. t!i'".!I~ COMPANY NA~u Linan, nes1del MIDTOWN TOWING OF MIAMI, II 27 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-94-10 . This is not an Order SPECIAL CONDITIONS C. TOW RATES, CLASS "A" TOW TRUCKS 1. PASSENGER CARS & SMALL TRUCKS, FIRST 10 MILES OR FRACTION THEREOF 55.00 2. EACH ADDITIONAL MILE 3.00 D. TOW RATES CLASS "B" TOW TRUCKS 1. MEDIUM SIZE TRUCKS, FIRST 10 MILES OR FRACTION THEREOF 75.00 2. EACH ADDITIONAL MILE 4.00 E. TOW RATES CLASS"C" TOW TRUCKS 1. HEAVY DUTY TRUCKS, TRACTORS, TRAILER DUMPS, CEMENT MIXERS, GARBAGE PACKERS, ETC. FIRST 10 MILES OR FRACTION THEREOF 95.00 2. EACH ADDITIONAL MILE 4.00 F. EXTRA TIME OR LABOR AFTER FIRST 30 MINUTES AT SCENE 1. CLASS "A" TOW TRUCKS 2. CLASS "B" TOW TRUCKS 3. CLASS "C" TOW TRUCKS 4. FLATBEDTOWT,RUCKS 18.00/HR. 18.00/HR. 18.00/HR. 18.00/HR. BIDDERS PLEASE NOTE: Should contractor furnish a wrecker in a higher class than the one required for a particular class of vehicle. the only charges that would be authorized are those for the proper class of wrecker for the vehicle being towed. If the contractor chooses to use a flatbed in place of a wrecker, the only charge authorized shall be that listed for the applicable class of vehicle towed. . PROPOSER'S NAM .;1 'AA@€ff, f' if~ ~J COMPANY NA~r~~ '.. esident 28 MIDTOWN TOWING OF MIAMI. INC CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 . This is not an Order SPECIAL CONDITIONS G. WINCHING FROM SAND: OVER 50 FEET SHALL BE AT OWNERS REQUEST OR AT SPECIFIC AUTHORIZATION FROM THE CITY. 1. MOTORCYCLES OR SCOOTERS 25.00 PLUS 50.00IHRlREMOVAL 50.00 PLUS 50.00IHRlREMOYAL 75.00 PLUS 50.00/HRlREMOYAL 100.00 PLUS 50.OOIHRlREMOYAL 2. CARS & SMALL TRUCKS 3. TRUCKS OYER 3/4 TON 4. SEMI-TRUCKS, BUSES, HOUSE.TRAILERS H. TURNOVER SURCHARGE: 1. MOTORCYCLES OR SCOOTERS 2. CARS AND SMALL TRUCKS NO CHARGE 25.00 PLUS SO.OOlHRlREMOYAL 50.00 PLUS 50.00IHRlREMOVAL 75.00 PLUS 50.00IHRlREMOYAL 3. TRUCKS OVER 3/4 TON 4. SEMI TRUCKS, BUSES, HOUSE TRAILERS I. REMOVAL FROM WATER: 1. MOTORCYCLES OR SCOOTERS 25.00 PLUS 50.00IHRlREMOYAL 2. CARS AND SMALL TRUCKS 50.00 PLUS . 50.00IHRlREMOVAL 3. TRUCKS OVER 3/4 TON 75.00 PLUS 50.00IHRlREMOYAL 4. SEMI-TRUCKS, BUSES, HOUSE TRAILERS 100.00 PLUS 50.00IHRlREMOYAL f) . ,/17A-{/l(u/n2{j;rj~(,;.., lV<l(d.u~-;( PROPOSERS ~MJ;:aiRB 1iehtlllBa, Preside COMPANY NAME: MLU1UWN lUWLNG OF MIAMI,IN 29 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 - This is not an Order SPECIAL CONDITIONS J. UNDER WATER RESOURCE RECOVERY: SALVAGE DIVERS K. UNLOCKING DOORS WITHOUT KEYS L. TIRE CHANGE M. ASSISTED START 1 00. OOIHR 10.00 25.00 25.00 N. GAS CURRENT RETAIL PRICE o. DISABLED CALLS: MINIMUM CHARGE WHEN TOW NOT REQUIRED 25.00 16.2: CITY OWNED VEHICLES: City owned and non owned vehicles operated by employees on City business will be towed twenty four hours a day without charge, from any location in Dade or Broward Counties upon request of the appropriate City officials. 16.3: CHANGE OF TIRES: The contractor agrees to respond to requests from the Police and City Departments to change vehicle tires where necessary. The contractor's responsibility for change of tires shall be at any time. There shall be no charge by the contractor for changing Police or City vehicle tires. . PROPOSER'S ~~~~~~&~~ COMPANY NAME~IDTOWN TOWING OF MIAMI. INC 30 APPENDIX 1 BID BOND STATE OF FLORIDA ) ) ss: COUNTY OF DADE. ) KNOW ALL MEN BY THESE PRESENTS, that we, MIDTOlVN TOWING OF lIIAMI, INC. , as Principal, and r g" , as Surety, are held and firmly bound unto the City of Aventura, a municipal corporation of the State of Florida in the penal sum of FOUR HUNDRED Dollars ($ 400 00 I xx ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid, dated S P P t "m be r 4 , 19 9 7 .' for: TOWING, WRECKER AND STORAGE SERVICE, REQUEST FOR PROPOSAL #97 - 9 - 4 - 10. NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate (b) If said Bid shall be accepted and the Principal shall properly execute and deliver to said CITY the appropriate Contract Documents, and shall in all respects fulfill all terms and condition attributable to the acceptance of said Bid, then this obligation shall be void; otherwise, it shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event exceed the amount of this obligation as herein stated. The Surety, for value received, hereby agrees that the obligations of the said Surety and its bond shall be in no way impaired or affected by any extension of time within which said CITY may accept such BID; and said Surety does hereby waive notice of any extension. IN WITNESS WHEREOF, the~ve bound parties have executed this instrument under their several seals this -'-I" day of ~"pt"",hp,.. , 1997 , the name and the corporate party being hereto affixed and these presents being duly signed by its undersigned representative. 31 IN PRESENCE OF: .~ J )o,j~ MIDTOWN TOWING OF MIAMI, INC. . (SEAL) ( Corporation, Individual or Partnership Principal) BY~-1~ /~a. /k;U ( onuactor~auraine Lic~tman, President ecretary (If Corporation) 551 N.W. 72nd Street (Business Address) Miami, Florida 33150 (City/StatelZip) (305) 754-1450 (Business Phone) By: CASH (Surety) By: (Attorney-in-Fact) (SEAL) By: (Registered Florida Agent for Surety) IMPORTANT Surety companies executing bond must appear on the Treasury Department's most current list (circular 570 as amended) and be authorized to transact business in the State of Florida. 32 PERFORMANCE BOND FOR TOWING CONTRACT APPENDIX 2 KNOWING ALL MEN BY THESE PRESENTS, that 'lTT"l'T'''l.JN 'T'''l.JTNr: as Principal, and CASH , as Surety, are held and firmly bound unto City of Aventura, Florida (herein "the Obligee") into the sum of EIGHT THOUSAND-n_n- ($ 8.000. Oo/xx ) dollars lawful money of the United States of America for the payment of which sum of money, the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally and firmly by these presents: WHEREAS, the Principal has contracted with the Obligee to provide towing, wreckage and storage services, pursuantto contract of September 4, 1997 1997, (the .Contractor"); WHEREAS, pursuant to the Contract, the Principal is required to provide to Obligee a guarantee for the full and faithful performance by Principal of the obligations imposed by this contract. NOW, THEREFORE, the conditions ofthis Bond are such, that if the above bounded Principal shall in all respects comply with the terms and conditions of the Contract and Principal's obligations thereunder, and shall indemnify and save harmless the said Obligee against or from all costs, expense, damage, injury, or los$ to which the said Obligee may' be subjected by reason of any wrongdoing, misconduct, want of care or skill, negligence or default on the part of said Principal, its agents or employees, in the performance of the Contract, then this Bond shall be void, otherwise to remain in full force in effect. 33 This Bond shall remain in full force and effect for a period commencing upon the effective date of the Contract and ending one (1) year after tennination or expiration of the Contract. All suits at law or in equity to recover on this Bond must be . instituted within twelve (12) months after the expiration of the Bond as referred to hereinabove. IN WITNESS WHEREOF, the said MIDTOWN TOWING OF MIAMI, INC; as Principal herein has caused these presents to be signed in its name by Lauraine Lichtman , its President or Vice President and attested by Lauraine Licht~an , its Secretary or Assistant Secretary under its Corporate Seal, and the said CASH as Surety herein has caused these presents to be signed in its name by N / A , its Attomey-in-Fact, and its Corporate Seal duly attached by , its Attomey-in-Fact, hereunto affixed this day of "g p" gm h.... t. , in the year 1997. ATTES:!"1 BY:;~,.{<,-1'O~dU? ~~t?A-. v - tEe- J;:-;4/CY TITLE I CONTRACTOR MIDTOWN TOWING OF MIAMI, INC. BY:~L/-1'O//nf ,L/d,~ ~d~ (/ .>,( Lauraine Lichtman. President (SEAL) ATTEST: BY: BY: SURETY TITLE (SEAL) BY: ATTORNEy-tN-FACT 34 - Approved as to form and sufficiency by City Attomey on behalf of the Obligee City this day of ,1997. BY: Weiss Serota & Helfman. PA City Attorney, by David M. Wolpin, Esq. BY: 35 Registered Florida Agent for Surety Exhibit B CITY OF A VENTURA REQUEST FOR PROPOSALS TOWING, WRECKER AND STORAGE SERVICE RFP#97-9-4-10 PROPOSAL FORM I hereby propose to furnish the goods and services specified in the Request for Proposal. I agree that my proposal will remain firm for a period of 90 days after opened by the City in order to allow the City adequate time to evaluate the proposals. I certify that all information contained in this proposal is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this proposal on behalf of the Company named as Proposing Company and that said Company is ready, willing and able to perform if awarded the contract. I further certify, under oath, that this proposal is made without prior uncierstanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a proposal; no officer, employee or agent of the City of Aventura or any other proposer has an interest in said proposal. Furthermore, I certify that the undersigned executed this Proposal Form with full knowledge and understanding of matters therein contained and was duly authorized to do so. Further, I certify that no officer or owner of the Company shall, either individually or as a beneficial shareholder of a particular corporation, directly or indirectly, own, manage, operate, join, control or participate in the ownership, operation or control of a motor vehicle body shop, repair shop, or related motor vehicle maintenance operation during the term of the Towing and Wrecker Service Agreement. I also certify that the Company's sole and only business is the towing and storage of motor vehicles as contemplated by the Specifications for Towing and Wrecker Service. Attached hereto are the following forms/documents which form a part of this proposal: Attachments A. Exclusive Service Agreement Fee Proposal Form B. Agency Reference List B-1 Other References C. Vehicle & Equipment List D. Storage Compound Information E. Proposer's Qualifications Form F. Proposal Exception Form G. Indemnification Clause H. Sworn Statement Pursuant to Section 287.133 (3)(a), Florida Statutes PROPOSER'S NAM~/lt:u-?U' /th/;"",/J~Ar:l Lauraine Li~htman,Pre8ident COMPANY NAME:}\IDTOHN TOHING OF ~II.ANI, INC. PF-1 CITY OF AVENTURA REQUEST FOR PROPOSALS TOWING, WRECKER AND STORAGE SERVICE RFP#97 -9-4-10 PROPOSAL FORM MIDTOWN TOWING OF MIAMI, INC. Name of Proposing Company BY: ~~(h/nP I</~~ Slgnature1aurai e Lichtman LAlJRATNF. T,Tr.T-lTMAN Name & Title, Typed or Printed 551 N.W. 72nd Street Mailing Address Swom to and subscribed before me ~d this day of LO~~ Notary Public / ^'" GAll A SNIDER *K.* ~,.,. J l.CCU1l1111 State of Florida . ......~d~..,lll18 i'l -~....,IOW <>FA! ~1" My Commission Expires: Miami. Florin~ 1111)0 City, State, Zip Code (.ill 7')4-14')0 Telephone Number J ' AttestM.aII~ t1///~0/?>/ je/'J,/a;J ./ < . SEAL PROPOSER'S NAME~/l~~().?, A;J:t Lauraine Lichtman,president (if Corporation) COMPANY NAME:MTn'1'IH.1N 'J'(H.TTNIO "li' MIAMI. INC. PF-2 CITY OF AVENTURA REQUEST FOR PROPOSALS TOWING, WRECKER AND STORAGE SERVICE RFP#97 -9-4-10 PROPOSAL FORM CERTIFICATE (if Corporation) STATE OF FLORIdA ) SS: COUNTY OF DADE ) I HEREBY CERTIFY that a meeting of the Board of Directors of the MIDTOWN TOWING OF MIAMI, INC. a corporation existing under the laws of-the-State of F lor i d a he~ on September 3. , 19~, the following resolution was duly passed and adopted: RESOLVED, that, as President of the Corporation, be and is hereby authorized to execute the proposal dated,SeDtember II 19.J!.2..Jo the City of Aventura from this corporation and that his execution thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of corporation on this the 3 rd ofs ep tember , 1997 c( ~~{J ,1/jJ~l2-r SecretaryLauraine Lichtman PROPOSER'S NAME~2<tr~/~;f~AM<c.1:/ COMPANY NAME: d, u,Preslden MIDTOWN TOWING OF MIAMI, INC. (SEAL) PF-3 CITY OF AVENTURA REQUEST FOR PROPOSALS TOWING, WRECKER AND STORAGE SERVICE RFP#97 -9-4-10 PROPOSAL FORM CERTIFICATE (if Partnership) STATE OF ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Partners of the a partnership existing under the laws of-the-State of ,19_, the following resolution was duly passed and held on adopted: "RESOLVED, that , as of the Partnership, be and is hereby authorized to execute the proposal dated , 19_, to the City of Aventura from this partnership and that his execution of thereof, attested by the shall be the official act and deed of this Partnership." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this ,1997. , day of Secretary (SEAL) PROPOSER'S NAME: COMPANY NAME: PF-4 CITY OF A VENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order PROPOSAL FORM EXCLUSIVE SERVICE AGREEMENT FEE PROPOSAL FORM Attachment A PROPOSED TOTAL ANNUAL PRICE TO BE PAID TO THE CITY IN QUARTERLY INCREMENTS IN ADVANCE, FOR EXCLUSIVE SERVICE AGREEMENT FOR TOWING, WRECKER AND STORAGE SERVICE FOR THE CITY OF AVENTURA: $ 8.000.00 Annuall y TOTAL EXCLUSIVE SERVICE AGREEMENT FEE FOR EACH TWELVE MONTH PERIOD 1) I agree to be bound by the schedule of rates contained in the section 16.1 of this RFP for the initial three (3) year term and any extension of the agreement. YES xxx NO ' 2) I agree to be bound by all terms and conditions contained in this Request for Proposal. YES xxx NO , 3) I agree that the yearly Exclusive Service Agreement Fee amount as proposed shall remain in effect for the initial three (3) year term and any extensions of this agreement. YES xxx NO , 'If "no" to any question, proposer must fully describe their proposed exception on Attachment F. PROPOSER'S NAM~/lC-U~Jt~?~ Ik~~i- COMPANY NAME: auraine Lichtman, President PF-5 MIDTOWN TOWING OF MIAMI, INC. CITY OF AVENTURA TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order PROPOSAL FORMS OTHER REFERENCES Attachment B-1 Please list NAME OF COMPANY, ADDRESS, PHONE NO., AND CONTACT PERSON AT COMPANY of any other Non-Governmental entities for which you have done business within the past five years: 1. PLEASE SEE ATTACHED LIST 2. 3. 4. 5. 6. 7. Note: The total number of references contained on Attachments B and B-1 must total at least five. -I y IJ / /: ~-I PROPOSER'S NAM~~ Ut/71f bt.</f/~.r.l~<<<' il.,.-:1 COMPANY NAME:Lauraine Lie tman,President MIDTOWN TOWING OF MIAMI, INC. PF-7 CITY OF AVENTURA TOWING, WRECKER AND STORAGE SERVICE RFP #97-9-4-10 This is not an Order PROPOSAL FORMS AGENCY REFERENCE LIST Attachment B Please list NAME OF AGENCY, ADDRESS, PHONE NO., AND CONTACT PERSON AT DEPARTMENT of all Governmental Agencies for which you have done business within the past five years: 1~PLEASE SEE ATTACHED SHEET 2. 3. 4. 5. 6. 7. Attach additional sheets if necessary. If there are less than five agencies listed above. complete Attachment B-1 to bring the total number of . references to at least five. ~ ~_ /J /.. I PROPOSER'S NAM . ~~ '(h,1//lk}u/AV'C COMPANY NAME: uralne c tman,President PF-6 MIDTOWN TOWING OF MIAMI, INC. Please refer to the following list of Law Enforcement Agencies which towing services are provided on a continuing basis. Each agency may be contacted for reference purposes. 1. Barry 1. Noe, Chief of Police Biscayne Park Police Department 640 N.E. 114 Street Biscayne Park, FL 33161 Telephone: (305) 893-7490 2. Officer Arthur Moe, Wrecker Detail City of Miami Police Department 400 N.W. 2 Avenue Miami, FL. 33128 Telephone: (305) 579-6668 3. Marvin Wiley, Chief of Police EI Portal Police Department 500 N.E. 87 Street EI Portal, FL. 3313 8 Telephone: (305) 751-2406 4. Mr. Lyle Perry, Automotive Supervisor Federal Bureau ofInvestigation 16320 N.W. 2 Avenue North Miami Beach, FL. 33169 Telephone: (305) 944-9101 5. Captain Larry Costanzo, District One Florida Highway Patrol lOll N.W. III Avenue Miami, FL. 33172 Telephone: (305) 470-2500 6. Major Ken Clark Florida Marine Patrol 1275 N.E. 79th Street Miami, FL. 33138 Telephone: (305) 795-2145 PF-6 _//) ". r' . ,,7 .~jlk'i2"" /Je4H///J1:1 vi( ~(j..(/y:.z., J; ~ MIDTOWN TOWING, 551 NW 72 STREET, MIAM1,FL 33150 TELEPHONE: (305) 754-1450 FAX: (305) 758-4070 7. Sgt. Al Knudson, Vehicle Research Unit Metro-Dade Police Department 9111 N.W. 25 Street Miami, FL. 33172 Telephone: (305) 471-2900 8. Michael Zoovas, Chief of Police Miami Shores Police Department 9990 N.E. 2 Avenue Miami Shores, FL 33138 Telephone: (305) 759-2468 9. Fred Dunphy, Chief of Police North Bay Village Police Department 7903 East Drive North Bay Village, FL. 33141 Telephone: (305) 758-2626 10. Thomas Hood, Chief of Police North Miami Police Department 700 N.E. 124 Street North Miami, FL. 33161 Telephone: (305) 891-8111 II. William Berger, Chief of Police North Miami Beach Police Department 16901 N.E. 19 Avenue North Miami Beach, FL. 33162 Telephone: (305) 949-5500 PF-6 cf(~ (u/^yCl tdho/? /1 ' f<~/~r/Vn;t MIDTOWN TOWING, 551 NW 72 STREET, MIAMI,FL 33150 TELEPHONE: (305) 754-1450 FAX: (305) 758.4070 Please refer to the following list of commercial accounts for which towing services are provided. The name, address and contact person is provided for each account. I. Associated Uniform Company 5705 NW 2 Avenue Miami, Florida 33127 Telephone: Contact: (305) 751-4587 Charlie Grasso 2. Suntrust Bank, Miami, N.A. 3737 NW 87 Avenue Miami, Florida 33178 Telephone: Contact: (305) 591-6025 Pete Carmenate 3. G.E. Capital Modular Space 5000 NW 72 Avenue Miami, Florida 33166 Telephone: Contact: (305) 592-7998 George Britton 4. Menfi's Auto Center 11815 NE 2 Avenue Miami, Florida 33161 Telephone: Contact: (305) 893-3633 Anthony Menfi 5. Palmetto Ford 7245 NW 36 Street Miami, Florida 33166 Telephone: Contact: (305) 592-3673 David Iglesia 6. Murphy's Truck Rebuilding Service 2916 N. Miami Avenue Miami, Florida 33127 Telephone: Contact: (305) 573-1974 Norman Holst PROPOSER'S NAME: Lauraine Lichtman, President PF-7 ~~/!t:;(/~-e ,/ I~/- tA.../"' -K~R~ COMPANY NAME:MIDTOWN TOWING OF MIAMI, INC. CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP# 97-9-4-10 This is not an Order PROPOSAL FORM VEHICLE & EQUPMENT LIST Attachment C List vehicles and equipment to be used in accordance with Contract. Group the vehicles and equipment by class and state year, make condition and ownership information for each. SEE SEPARATE ATTACHED LIST PROPOSER'S NAM~u'1(MU ,t.f~c2-n ;:b(J(~,J COMPANY NAME: Lauraine Lichtman,president MIDTOWN TOWING OF MIAMI, INC. PF-8 Unit #48 Unit #49 Unit #50 Unit #54 Unit #55 Unit #57 Unit #58 Unit #59 Unit #61 Unit #62 Unit #63 Unit #35 Unit #317 VEHICLE & EQUIPMENT LIST Attachment "C" 1993 Ford F.600 Flatbed I FDNK64C7PV A I 0752 1979 Kenworth 165689S 21' Class B Class C Wrecker Under Reach 1994 Ford F-450 Superduty Wrecker IFDLF47FOREA32794 Class A 1995 Ford F-450 Superduty Wrecker IFDLF47F9CSEA07009 Class A 1995 Ford F-800 IFDXG80C7SV AI8180 1996 International Navistar 4700 IHTSCABMOTH213 125 1996 International Navistar 4700 IHTSCABMITH243332 1996 International Navistar 4700 I HTSCABM3 TH24 3266 1997 International Navistar 4700 IHTSCABM8VH396177 1997 International Havistar 4700 IHTSCABMXVH396178 1997 Ford F-450 SuperDuty I FDLF47F6VEA41 769 1981 GMC Brigadier 16DT9C4J9BV555327 1995 Ford F-450 SuperDuty I FDNF800XSV A68188 PF-8 Class B Wrecker Flatbed Class B Flatbed Class B Wrecker Flatbed Class B Flatbed Class B Wrecker Class A Class C Wrecker Underreach Flatbed Steel Bid. "Owned" 750 Holmes Unit llOwned" Wheel lift Century 412 "Owned" Wheel lift Center 412 "Owned" Century Formula III 716 "Owned!! 19' Steel Bed l'Owned" 21' Steel Bed "Owned" Century 6500/602 "Owned" 19' Steel Bed "Owned" 21' Steel Bed "Owned" Wheel lift "Owned" Century 412 925 Century Unit "Owned" 19' Steel Bed "Owned" PROPOSER'S NAME: COMPANY NAME: MIUfOWN TOWING OF MIAMI,INC. CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP# 97-9-4-10 . This is not an Order PROPOSAL FORM STORAGE COMPOUND INFORMATION Attachment D Proposer shall furnish, as part of the Proposal: Location of Storage Compound: 1. 2045 N.E. 154th Street 2. 2047-2050 N.R. 154th Strppt Distance from Aventura: 2.4 miles from city boundary 3 miles from center of city Storage capacity of compound: Outside: 10n+ ? -0- Inside: 1. -0- 2. 21 Hours of operation: n , i Wg~~_ twentv-fOllr (24) hntlr~ PPT rl~v, ~ncluding ,Q~~O~ ~~~8 ~~y~ ? ____ ______ ___ __~. weekends and holidays PROPOSER'S NAMq:l~~*f~~~(vrlJ~~/Y':I COMPANY NAME: e ntmn,Pres~dent MIDTOWN TOWING OF MIAMI,INC. PF-9 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP# 97-9-4-10 This is not an Order PROPOSAL FORM PROPOSER'S QUALIFICATIONS Attachment E (Page 1 of 4) NOTE: This statement of Proposer's Qualification must be completely filled out, properly executed and returned as part of your Proposal. 1. List the true, exact and proper names of the company, partnership, corporation, trade or fictitious name under which you do business and principals by names and titles: Name of Company: Address: Midtown Towing of Miami, Inc. 551 N.E. 72nd Street Miami, Florida Principals:Lauraine Lichtman Titles: Pre sid p-nr. Trp::I Son rpr r n i ree tor 2. a. Are you licensed, as may be required, in the designated area(s) of Dade County, Florida? xx YES NO b. List Principals Licensed: SEE ALL LICENSES ATTACHED HERETO Name(s): Title: Remarks: 3. How long has your company been in business and so licensed? TEN YEARS ~ ~};! /}."./ t PROPOSER'S NAMF) ~Mho"., . ir/mo.~ ;Z~/(}t,YI?-r. COMPANY NAME' L Ld-'-U," \,Lmdu,President MIDYOWN YOWING or MIAMI, INC. PF-10 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP# 97-9-4-10 This is not an Order PROPOSAL FORM PROPOSER'S QUALIFICATIONS Attachment E (Page 2 of 4) 4. If Proposer is an individual, corporation or a partnership, answer the following: a. Date of Organization February 17, 1987 b. Name, address and ownership units of all partners: Lauraine Lichtman 2255 N.E. 120th Street Miami, Florida One Hundred (100%) Percent Owner c. State whether general or limited partnership: d. State whether a corporation xx incorporation February 17, 1987 If Proposer is other than an individual, corporation or partnership, describe the organization and give the name and address of principals. Date and place of 5. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 6. How many years has your organization been in business under its present business name? Since February 17, 1987 a. Under what other former names has your organization operated? None PROPOSER'S NAME~~a.-.. /kJJ COMPANY NAME: AN, PRES IDENT PF-11 MIDTOWN TOWING OF MIAMI, INC. CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP# 97-9-4-10 This is not an Order PROPOSAL FORM PROPOSER'S QUALIFICATIONS Attachment E (Page 3 of 4) 7. a. Has your company ever failed to complete a bonded obligation or to complete a contract? YES NO xx a If so, give particulars including circumstances, where and when, name of bonding company, name and address of City and disposition of matter: b. Are you now or in the past five years been involved as a defendant in litigation concerning the performance of your company operations? If so list: No 8. a. List the pertinent experience of the key individuals of your organization; (continue on insert sheet, if necessary). Lauraine Lichtman, 1987-1997 Owner/Operator of full service towing company Manuel Velazquez, fourteen (14) years in towing business; Manager of Midtown 1992-1997 (continued) b. State the name of the individual(s) who will have personal supervision of the work: Lauraine Lichtman, Manuel Velazquez, Armando Villete, Thomas Francarilla PROPOSER'S NAM~aW1l '1tt."..ji~-wt COMPANY NAME: La KaLNt. LX L ,PRESIDENT MIDTOWN TOWING OF MIAMI,INC. PF-12 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP# 97-9-4-10 This is not an Order PROPOSAL FORM PROPOSER'S QUALIFICATIONS Attachment E (Page 4 of 4) 9. List name and titl", of persons in your company who are authorized to enter into a contract with the City of Aventura, Florida for the proposed work should your company be the successful Proposer. Name Lauraine Lichtman Title Prpc;::; r1ont- I C:ef"'TPt'" !:ITY 10. Describe your Company's experience in providing services to other police agencies similar to the comprehensive service to be provided herein. SEE ATTACHED "INTRODUCTION" PROPOSER'S NAME:~~~~J/AJ~~ L 10 m ,Presldent COMPANY NAME!1IDTOWN TOWING OF MIAMI, INC. PF-13 118. (a) PROPOSAL FORM PROPOSER'S QUALIFICATIONS ATTACHMENT "E" continued list: years in towing business Armando Villete, Assistant Manager 1992-1997, thirteen (13) PF-12 /~-C0~/ ~/~Q~ ,/ 7' //?/~/2--h/ INTRODUCTION Midtown Towing began operations on February 2, 1987. The founder of Midtown is Howard Lichtman. His extensive background in the towing and storage industry covers more than 30 years. Unfortunately, Mr. Lichtman passed away in May, 1997 and is survived by his wife and partner, Lauraine, who has been at his side for more than 20 years. Together, they have worked hard to establish Midtown and have gained respect as a leader in the South Florida towing industry. Midtown presently operates 24 hours a day, seven days a week each day of the year. With a fleet of IS vehicles, including Class A, B and C wreckers, Midtown provides service to the public and private sectors of our community. Towing services ar eprovided to over 300 commercial accounts in Dade, Broward and Palm Beach counties. Towing and storage services are provided to II Law Enforcement agencies in the North Dade area. Similar services are provided to more than 2,500 locations for private property towaways. Midtown Towing has filed towing, roadside solicitation and storage rates with each Law Enforcement agency and are available for review. Midtown Towing is fully computerized and hooked up to Tallahassee where they can run a VIN or a tag identification at their office and establish the owner and/or lienholder of a vehicle for immediate notification. / . ?1~aA/nt' ~~O~ g;~~/ /7j~/ ~l /~~ i: ~ ?//Oftr'/' if~/ JO MIDTOWN TOWING, 551 NW 72 STREET, MIAMI, FL 33 I 50 TELEPHONE: (305) 754-1450 FAX: (305) 758-4070 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP# 97-9-4-10 This is not an Order PROPOSAL FORM PROPOSAL EXCEPTION FORM Attachment F (see Attachment A) The Company wishes to take exception to the following items: E.a9.e .!rem ~ N/A PROPOSER'S NAME:! /~r:v'Y1/ i::c~cv>--/;:'h~~ Lauraine Lichtman,president COMPANY NAME:MTDTowN TOWTNr. OF MIAMI, INC. PF-14 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP# 97-9-4-10 This is not an Order PROPOSAL FORM INDEMNIFICATION CLAUSE Attachment G The Contractor shall indemnify, defend and hold harmless the City Council, the City of Aventura and their agents and employees from and against all claims, damages, losses and expenses (including attorney's fees) arising out of or resulting from the contractor's performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or damage on destruction of property including the loss of use resulting therefrom, and (2) is caused in whole or in part by any breach or default by Contractor or negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless or whether or not it is caused in part by a party indemnified hereunder. Midtown Towing of Miami, Inc. ~//U~L~~~a~' Proposer's Name S'ignature fj 1/ Ii Date " STATE OF FLORIDA COUNTY OF DADE SWORN TO AND SUBSCRIBED before me, the under signed authority, Lauraine Lichtman [name of individual signing] Signatureinthespace~.' edaboveonthis ~ayof September, 1997 GAil A SNIDER ! * ...yc.v.....~.. . * ~..'--.,CC4f . d '!o:' ~Sop.28"99<l - '''''A.' 800-422':' HAl . who, after first being sworn by me, affixed his/her NOTARY -~ UBLlC PROPOSER'S NAM~7Il~~)?J?lmlV' ;/;;~/Y';/ Lauraine Lichtman,President COMPANY NAME:MTDTOWN TOWTNr. OF MIAMI, INC. PF-15 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP# 97-9-4-10 This is not an Order PROPOSAL FORM SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES ON PUBLIC ENTITY CRIMES Attachment H THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to (print name of the public entity) CITY OF AVENTURA by LAURAINE LICHTMAN. PrPRirlpnt (print individual's name and title) forMTnTn~N TnUTN~ OF MIAMI. TNr. , ~ Flnrin~ ~nrpnr~~inn (print name of entity submitting sworn statement) whose business address is 551 N.W. 7Znd Street Miami. Florida 33100 and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ,Q-77hQ7Q7 .) 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1 )(g), Florida Statutes. means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with an public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentation. 3. I understand that "convicted" as defined in Paragraph 287.133(1)(b), Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. PROPOSER'S NAME{~J<'/7f7~d /:rl!k"^t~~~;t COMPANYNAME: aura1ne 1: chtman, Presiden t MIDTOWN TOWING OF MIAMI, INC. PF-16 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP# 97-9-4-10 This is not an Order PROPOSAL FORM SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES ON PUBLIC ENTITY CRIMES Attachment H 4. understand that "an affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes. means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a person as defined in Paragraph 287.133(1 )(c), Florida Statutes means any natural person or entity organized under the laws of any state of the United States with the legal power to enter into a binding contract and which proposes or applies to propose on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. PROPOSER'S NAME~ m WM./:i~ COMPANY NAME: ~ I ,President MIDTOWN TOWING OF MIAMI, INC. PF-17 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP# 97-9-4-10 This is not an Order PROPOSAL FORM SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES ON PUBLIC ENTITY CRIMES Attachment H 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] xxx Neither the entity submitting this sworn statement, nor any of its officer, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of it officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. Attach a copy of the final order] PROPOSER'S NAM~/~(;U~lf ,~j?t.;"J" JZ2fcJ.,,} auralne L~c tman, President COMPANY NAME:MIDTOWN TOWING OF MIAMI, INC. PF-18 CITY OF AVENTURA REQUEST FOR PROPOSAL FOR TOWING, WRECKER AND STORAGE SERVICE RFP# 97-9-4-10 This is not an Order PROPOSAL FORM SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES ON PUBLIC ENTITY CRIMES Attachment H I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVEIS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMA TION CONTAINED IN THIS FORM. , ~/7;JMu7 ;;(~;;/7> /?~~ (SIGNATURE) ~ 1/91 / / (DATE) STATE OF FLORIDA COUNTY OF DADE PERSONALLY APPEARED BEFORE ME, the under authority, L ;4t( j( J4 liVE !-;"c fiT /17 J}N who, after first being sworn by me, affixed his/her [name of individual signing] signature in the space provided above on this0d day of ),.t~9 97. .."'" P,"" ,6..... GAlt. A SNiDeR *W* ~.., J ncc..'036' "-~., Sop, 28. 1ll1l8 '>.1 --:b ---bvHAl >>>..fIll'O'" --,,_ Lfi.k~ I NOTARY PUBLIC . PROPOSER'S NAME:~..a-1Cu-?V' ,L~a-r.. COMPANY NAME: /J1/D -rtJ/d,V /OW r;VG- 0 r- PF-19 ill f /11111 I :+ fiJC . ~!.~~~!;::,jf_"llj.!lb ,Poe & Brown, Inc. 1401 Forum Way suite 600 West Palm Beach, FL 33401 " .' ';ljl!ll'iili~:i~lf l~t!j!lll~ljlW;~lj~IIf,:!I~I! o'9i'(j '31"97 THIS CS'lTIFICATE IS ISSUED AS A MATTER CJ'INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HaDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED IlY 'IllE POLICIES BELOW. ~____u_ COMPANIES AFFORDING_COVERAC3E___,____,,_, co MPANY ACamden Fire Insurance Company INSURED Midtown Towing of Miami, 551 N.W. 72nd street Miami, FL 33150 Inc. COMPANY , BZC Insurance Company I~MPAi'lJY ~---~-----~-"---------- , C I I GOMPA'W : D ..:~; :....:. .....:;:. ~mi:;;~[:~~i~~M. tf~iMM:i;1i;;~~~ )j~i ~V?:~*;~~&~. .;@M~;{l~~ :~:~~~-]~;riM:A~~@~~t;,~~;~~j8i@B:*~~t @~;tf~g;~~!#~t~~~il~; ~~~ im~g~~#r ~~:~H:1~:lh;~1~~i ::;:ndj@i~*~:l:~~~;~kj~:;ri~~~i~$) rHIS IS ro camFY THAT THE POUClES OF NSURANCE USTE!l BB.CM' HAile BEEN ISSUED TO THE INSURED NAMEDABDIIEFORTHEPOI..ICYPEFlOO INDICATED, NOl\'VlTHSTJ\NOING my REOOIFEMENT, TERM at CONomoo CF ANV CONTRACT CR OTHER DOClJ~ WITH RESPECT TO 'NHICH THIS CERTlFICATE MAY BE ISSUED OR MAY PERTAIN, THE NSURANCE AFFOFDED BY THE POUC;ES OESCRIlED HEREIN IS SUBJECT TO All. THE TERMS EXCLUSIONS AND <::tl>O lOONS OF Sl;CH Pa.IClES, lJI'IfS SHOWN WI.Y HAile BEEN F>aJU CEO BY PAlO ClAMS. ' -~----------_._._- -----~--- -- ------- -----_._._--_.~_._-- - --------,-- --------------,-----.-.--- '~I..Ic:vEFFECTIVE :POLICYEXPI"..TIOtlll DATEIMM/DOfYYI 'DATE(MM/OOft'V) I CO LT" TYPE OF I..,SUUNce POLICYNUWIER L'MITS GENE.....!.. LIAB:L,TY ! M~E!~CIAl G;;::~E~AL JASil,l"rj C~A;tw1S At1ADE ~ OCCUII , INNER S &CONT~ACTOFl'S ?t:lOT: GEi'OERAL AGG,REGATE 1;)C100UCTSCOM;;JjO~it:3.G S ,..-'--._---~--' , ~~i:lSOI'l.i..L !lAD\,II~JUOly S --_.~------ -------..--------- ::;A(;H OCCW;:U:.ENCF. F'RE DAMAGE (Allvone tir.) $ ~ED EXP(AI'IVon. p.r,on) A AUTOMOBilE LIA81LilY i ANVAUTO I A.Ll OW~ED AUTOS I SC"'ED:..J~ED"'U;OS X ....IREJAUTOS X! NO'll-OWNF.TJ AUmS X Commerc ia1 ~Owned Vehicles A GARAGE: LIABJI..Il'Y I Ar.oYAliTO X Commercial :Owned---Vehic'Ies i CPP1l64323 01/20/97 01/20/98 OOM.'NEOSINGLE,MIT '1,000,000 3aOiL'fINJL:RY :If'''ero....cnJ i BODi~YINJWRY I (Pet w;~ld."l) r-----.----- . ! ~ROPEF!lY DAMA3E CPP1l64323 i "'-.;TO ONLY-E.t, ACC'O;:Nr' LC?L~R rH~N ....:::-:!~ ON~_ EACH ACCiQi;:rH I---~--- A.GiGR!;GA:-!; EXCESS LIoU:LI'" WM8RELLAFOFH.t1 i O>~ER THAN uM8"lEL..;.f-ORM I B Wl)AKER8 COMPENSATION AND EMPLOYERS'I.:ABIL;ty ! E:...CHOCC:LCl~i;IIjCE !"GlGREG"T.~__~__ ~__________ 19701474097 01/01/97,01/01/98 X STATUTORY""IT' I ,=ACHACOID"" .100 000 i I 'jISE.l.SE__~~IC'f~~!:!__ ~Q_9_~Q___ DiSEASE~E;'CHEMPLOVEE $100 000 Loct1:$300,000 Limit Loci2:$ 50,000 Limit Loct3:$200,OOO Limit THE~OF'RIETORI "'/tRTN E"lS/EXEOL TIV E OFFICERS ARE: A OTH ER aragekeepers irect Primary I"'ICL i i aCL' CPP1l64323 ,01/20/97 01/20/98 ~ ! I I i OE8C:AI~ION OF OPEAATIONI/LOCATIONljVEHICLEI,IPECIAL ,n.,. 10 DAY NON-PAYMENT CANCELLATION-EXCEPT WC(30 DAYS-FLORIDA OPERATIONS ONLY) Locf1:551 NW 72nd st., Miami, FL 33150 (See Attached Schedule.) #ww@::r:l@;:~:~{ City of Aventura 2999 NE 191 St, ste-500 Miami, FL 33180 ........ '.',ilbQ""""'.""':: ...........;... ,. '.:.:. ~'.' ....;.. .': -...". .........;.~.., ;.-. Garagekeepers: Comprehensive-S1,000 Oed., S5,000 Max. Oed. Collision- $1,000 Oed. The Certificate Holder is Additional Insured as respects General Liability RE: RFP# 97-9-4-10 :::jr::~:::~:; ;.,~.;.:.:,:.>>:. CITY OF A VENTURA FINANCE SUPPORT SERVICES DEPARTMENT MEMORANDUM TO: City Council FROM: Eric M, Soroka, City an ---..t(\..."- HarrY M. Kilgore, Financ ort Services Director BY: DATE: October 2, 1997 SUBJECT: Bid Award - Purchase of H & K Carbine Weapons October yth, 1997 Council Meeting Agenda Item 'IE Recommendation It is recommended that the City Council approve the attached resolution awarding the bid for the purchase of carbine weapons for the Police Department. Background As you are aware, the City has solicited and received bids for the purchase of H & K Carbine Weapons and accessories, This item was included in the Capital Outlay items for the Police Department. These semi-automatic weapons will be optional issue to Police Officers use when on road patrol or other duty. The City advertised the Bid (Bid #97-9-26-2) in the Miami Herald in August and mailed the bid documents to the six companies known to sell this weapon. On September 26th, we opened sealed bids from all six companies as shown on Attachment 1. The bids have been reviewed by the Police Department, who recommend award to the lowest bidder, South Florida Specialty Firearms at a price of $28,501,00. The bids were very competitive with the lowest bidder also being the most responsive and responsible (fully complying with bid requirements), The $28,501,00 includes the minimum quantity that the City needs at this time. If a large number of officers desire to use this weapon, we will need to order more later in the year. Therefore, the bid provided pricing for additional weapons and accessories for a period of one year after the bid award, The breakdown of the $28,501,00 and pricing of additional items in the future is shown as Exhibit A to the resolution, I recommend approval of the resolution. Funds are available in the 1997/98 Police Capital Outlay Impact Fee Fund Budget to cover this purchase, HMKlmn FSS133-97 City of Aventura Tabulation of Bid Received for Purchase of H & K Carbine Weapons Bid #97-9-26-2 BID COMPLIANCE CHECKLIST VENDOR BID AMOUNT COMPLYING BID BID THREE PROPOSAL "" BOND INCLUDED IN INCLUDES COPIES OF FORMS BID ONE SIGNED PROPOSAL APPEARS TO (5%) ORIGINAL FORMS MEET CITY'S REQUIREMENTS SOUTH $28,501,00 YES/$1,425.05 YES YES YES FLORIDA SPECIALTY FIREARMS LAWMEN'S & $28,716.00 YES/$1,435.80 YES NO NO-Partially SHOOTERS Completed LOU'S $28, 731.80 YES/$1,436.59 YES NO NO GUNSHOP & POLICE SUPPLY SMYRNA $29,050.00 NO YES NO NO-Did not POLICE include Bid DISTRIBUTOR Bond Document and failed to disclose or specify warranty package HECKLER & $30,080,00 NO YES NO NO KOCH, INC, S,R.T. SUPPLY $30,885.00 YES/$1,544.25 YES YES YES RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AWARDING THE BID FOR BID NO. 97- 9-26-2, PURCHASE H & K CARBINE WEAPONS, TO SOUTH FLORIDA SPECIALTY FIREARMS AT THE BID PRICE OF $28,501.00; AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura, Florida, has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO, 97-9-26-2, PURCHASE OF H & K CARBINE WEAPONS; and WHEREAS, sealed bids were submitted to and received by the City, pursuant to the City's Invitation to Bid; and WHEREAS, staff has determined that SOUTH FLORIDA SPECIALTY FIREARMS, has submitted the most responsible and responsive bid for weapons; and WHEREAS, the City Council, upon the recommendation of the City Manager, is therefore desirous of awarding said bid to the most responsible and responsive bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That BID NO. 97-9-26-2, PURCHASE OF H & K CARBINE WEAPONS, be and the same is hereby awarded to SOUTH FLORIDA SPECIALTY FIREARMS at the bid price of $28,501.00. Further, awarding the bid for additional items required within one year of bid award at bid prices as shown on Exhibit A. Section 2. That the City Manager is hereby authorized to issue purchase orders for said bid award. Section 3. That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid. Section 4. That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from the Police Capital Impact fee Fund, Line Item No, 14-20-521-6-60-6205, Resolution No, 97-_ Page 2 Section 5. This Resolution shall be effective immediately upon its adoption, The foregoing Resolution was offered by adoption, The motion was seconded by vote, the vote was as follows: , who moved its , and upon being put to a Council member Ken Cohen Councilmember Jay R. Beskin Councilmember Arthur Berger Councilmember Harry Holzberg Councilmember Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I, Snyder PASSED AND ADOPTED this 7th day of October 1997, ARTHUR I. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Exhibit A CITY OF AVENTURA INVITATION TO BID FOR PURCHASE OF H & K CARBINE WEAPONS BID# 97-9-26-2 This is not an order BID FORM BID PRICE SHEET Attachment A BIDDER PROPOSES TO FURNISH THE WEAPONS AND ACCESSORIES LISTED BELOW AT THE PRICES STATED. ALL PRICES ARE F.O.B., AVENTURA, FLORIDA, POLICE DEPARTMENT. Weapon: H & K MP5/40SFA2 (H & K Article # 740701) with: 1. SF Trigger group 2. Ambidextrous safety/fire selector 3. 1 - 30 round magazine 4. Weapon must be equipped with an H & K flash hider (H&K Article #205107) in lieu of threaded end cap 5. A sling for the weapon is not necessary and should NOT be included. 6. It is required that two (2) Carbine Hooks, H & K Article #200581 be included with each weapon. The City of Aventura will provide the sling during officer training. Total Weapons including all above 20 $I~on $ z.,.~.OO " , Additional accessories: , Sight Adjustment Tool H&K 8 $ ze. 00 $ "2.'Z-4.00 Article #30009 MP5/40 30 round magazines H&K 15 $ ~q,DO $ S~.OO Article #205131 MP5/40 Dual magazine clamps H & K 8 $ Alt.oo $~'I2-.00 Article #214285 Total for 20 weapons & accessories $ Z~.6ol.00 . "- MP5 O~~ Covj2.~ QUANTITY UNIT PRICE TOTAL Av:>o ItJcu>pe.c:. A-P-E... z. ~\.O~ A-r THe. H I (pIT No ~ To lHE:. Z. '7...01'$ A-T TkE. H~ Aa.mo"-eo~ Cbt>(i!Jf,Ie. e ~11'o\arr 1=01- I ""'0" kr ~IE- HI'- N~ It.lSTc2.U '-1"O~ C:::OuiZ'7 . UN tz;!E... f" 1O',e; ") 20 BIDDER'S NAME: p...6.Jpz. COMPANY NAME: S. fiA..~/h,T'1 A~""'7 CITY OF AVENTURA INVITATION TO BID FOR PURCHASE OF H & K CARBINE WEAPONS BID# 97-9-26-2 This is not an order Exhibit A (cont1nued) The City currently plans to order only the quantities shown above. However, with the growth of the department, additional weapons may be required within the next year. Therefore, the bidder proposes that the price per unit for any additional weapons and accessories purchased during the one (1) year period after the bid award shall be: Maximum Additional Units Description Unit Price 25 H & K MP5/40SF A2 (H & K Article # 740701) ~1~IPS.oo 8 Sight Adjustment Tool H&K Article #300009 ~ z.~.oo 15 MP5/4C 30 round magazines H&K Article #205131 ~':\9.oo 8 MP5/40 Dual magazine clamps H&K Article #214285 ~~~ .00 The bidder acknowledges that the City does not guarantee or warranty the purchase of any additional weapons or accessories other than the items shown on the previous page. I agree to be bound by all terms and conditions contained in the Invitation to Bid: YES -.L... NO Fully describe the warranty program and how warranty repairs as well as regularly scheduled maintenance is handled. ft4)t?AuM QICPA1tt.';> WI"'- ~lE- P~Q.M.tCC 'B"\ ~E=.... HJ\t,)UF. '" .,U WI \..AW . c:e.. WI\4,.. e.fL eo '1 -r"'1L O'6M'i'be- l'CN"f ~. 21 BIDDER'S NAME: 12.lNC'Z... COMPANY NAME: 7. FiA\-.9~~ F1~~ CITY OF A VENTURA FINANCE SUPPORT SERVICES DEPARTMENT MEMORANDUM TO: City Council FROM: Eric M. Soroka, Cit -,..:<K.- Harry M, Kilgore, Fina ort Services Director BY: DATE: October 2,1997 SUBJECT: Bid Award - Purchase of Police Boat October yth, 1997 Council Meeting Agenda Item 1 r Recommendation It is recommended that the City Council adopt the attached resolution awarding the bid for a Police Boat. Background As you are aware, the City has solicited and received bids for the purchase of one (1) Rigid Hull Inflatable boat for use by the Police Department for marine patrol. The City advertised the bid (Bid No. #97-9-25-2) in the Miami Herald in August and mailed the bid documents to the three firms known to produce this type of boat. On September 25th we opened the sealed bid of Nautica International, Inc" the only company who chose to bid, Although I always prefer to have several bids, especially for a purchase of this dollar value, I believe that it is in the City's best interests to accept the bid of $50,000 from Nautica based on the following: 1, There are only a limited number of vendors who manufacture this type of boat. This was verified by discussions with other law enforcement agencies, all of whom had acquired their boats from one of the three firms who we mailed RFP's, 2, The dollar value of the bid is in substantial agreement with expectations based on what other agencies had paid for similar type boats, The 1997/98 budget (page 75) includes $55,000 for the Marine Patrol Program of which the purchase of the Boat is the primary component. Page (2) Bid Award - Purchase of Police Boat 3. The Police Department has reviewed the bid of Nautica and found it to be in full compliance with the bid document and all other requirements. 4. I do not believe that we can improve the quality or pricing by rejecting this bid and repeating the bid process, I, therefore, request that the City Council approve the resolution so that the Boat can be ordered and we can take the other steps necessary to implement the Marine Patrol Program, HMKlmn FSS132-97 MAILING LIST FOR BID NO. 97-9-25-2 PURCHASE OF POLICE BOAT 1) Zodiac of North America Inc. 540 Thompson Creek Rd. Post Office Box 400 Stevensville, Maryland 21666 Phone: (410) 643-4544 Fax: (410) 643-4491 Contact Person: Sonia Foster 2) Nautica Ribs 6135 NW 167 Street E-17 Miami, FL 33015 Phone: (305) 556-5554 Fax: (305) 557-0268 Contact Person: Franco/Debbie 3) Novarania Inflatables 4775 NW 132 Street Opa-Locka, FL 33054 Phone: (305) 685-2464 Fax: (305) 685-2912 Contact Person: Robert ColladaNice President City of Aventura Tabulation of Bid Received for Purchase of Police Boat Bid #97-9-25-2 BID COMPLIANCE CHECKLIST VENDOR BID COMPLYING BID BOND BID TWO COPIES PROPOSAL AMOUNT INCLUDED IN BID INCLUDES OF FORMS (5%) ONE SIGNED PROPOSAL APPEARS TO ORIGINAL FORMS MEET CITY'S REQUIREMENTS NAUTICA $50,000 YES/$2,500 YES YES YES INTERNATIONAL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AWARDING THE BID FOR BID NO. 97- 9-25-2, PURCHASE OF POLICE BOAT, TO NAUTICA INTERNATIONAL AT THE BID PRICE OF $50,000; AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, the City of Aventura, Florida, has, pursuant to the various laws of the State of Florida and the Ordinances of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 97-9-25-2, PURCHASE OF POLICE BOAT; and WHEREAS, sealed bids were submitted to and received by the City, pursuant to the City's Invitation to Bid; and WHEREAS, staff has determined that Nautica International, has submitted the most responsible and responsive bid for said boat; and WHEREAS, the City Council, upon the recommendation of the City Manager, is therefore desirous of awarding said bid to the most responsible and responsive bidder, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That BID NO, 97-9-25-2 PURCHASE OF POLICE BOAT, be and the same is hereby awarded to Nautica International at the bid price of $50,000. Section 2. That the City Manager is authorized to issue a purchase order pursuant to the requirements of said RFP, Section 3. That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid, Section 4. That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from the Police Capital Impact Fee Fund, Line Item No, 14-20-521-6-60-6205, Resolution No. 97-_ Page 2 Section 5. This Resolution shall be effective immediately upon its adoption, The foregoing Resolution was offered by adoption, The motion was seconded by vote, the vote was as follows: , who moved its , and upon being put to a Council member Ken Cohen Councilmember Jay R. Beskin Council member Arthur Berger Council member Harry Holzberg Councilmember Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED this yth day of October 1997, ARTHUR I. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY TO: FROM: DATE: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM SUBJECT: Moratorium Waiver Request - Dumfoundling Bay. Ltd. October 7,1997 City Council Meeting Agenda Item L RECOMMENDATION It is recommended that the City Council grant the waiver request from the moratorium subject to the enclosed conditions. BACKGROUND Ordinance No. 97-22 created a moratorium upon the issuance of development orders concerning development within the Marina Area and Hospital Area within the City. Section 2 of the Ordinance provides that the City Council may grant a waiver when the City Council determines, based on substantial competent evidence, that the specific use or activity will not detrimentally affect the preparation and implementation of the City Plan and will be compatible with surrounding land uses. Property Information Location Owner: Location: Size: Land Use Designation: Zoning Classification: Proposed Use: Proposed Variances: North: South: East: West: Dumbfoundlin~ Bay, Ltd. 18051 N.E.291 Avenue 3.8 ::!: acres Industrial IU-1, IU-2 Industrial Office Building - Permitted Use 10 stories, 120,000 square feet None envisioned Undeveloped Industrial/Residential Industrial Marina Canal/Industrial Loehmann's Fashion Square Shopping Center Memo to City Council Page 2 The use contemplated will provide a good transition between the residential and commercial uses adjacent to the property. In this regard, the specific use for an office building is compatible with the existing surrounding land uses. Based on preliminary discussions with our planning consultants and the Community Development Director, if the building provides for quality office and medical space, it would not have a detrimental effect on the preparation of the Comprehensive Plan. The opposite would occur by providing a possible catalyst for redevelopment of the industrial land uses and improve the image of the area. In order to ensure the proposal is in conformance with the Comprehensive Plan, the following conditions are recommended: 1. That the waiver be granted to a specific project and owner. 2. That the site plan and elevation of the building be prepared in conformance with the Master Plan for the moratorium area approved by the City Council as part of the Comprehensive Plan. 3. That a signed contract for sale be presented to the City within sixty days, If you have any questions, please feel free to contact me. EMS/aca Attachment CC0377-97 ~ ~ ~ -~ J3 ~~ -- ~" ~ - = =- }. = '- ~- ~ = ~t -:I' ~, = vo' 0 ::; --.--i- ~ - = = - - I I I I I I <( (/) I < W ~--+ ..' a: ~ z , , ~ .., , I- <( :: :J ~ 1 , , - , co <( - e:T , , I I - Z 0:;;- , J: -- 1 , <D ~~ I I - "" ~- , x a: - , ==- I \ "" ="' - , LlJ -- I <( "" I U" ~ :;; ) - ~ - - - ~~- ~ " ~ =. .. ,........ , ~ .. t ::; . I ~ ~,Ir) '"".. :l; eo '<0 a^v 6~ 3N I I I I I I I .....-. .~ = '~' , -c: c: as E .r. G> o -I . '" Ie *' ..'-~-r.:-- ~ - , = 1:-;';.".::< ~, pJe^aln08 ~l!.OS~8 t; ].' . . ,~' ........-- ~__. ;~__}l_..::.;::p'.--..:r- Z _0: w---- t- (j) (/) t- <( ~ W ~ ------~- '" as CD 0> .S '0 c: ::> o E '::> Cl ~ I I I , I , , < <e:' >-!J -< . ~ - - ~ ~ el ~I --~ ~! ;;1 " . <-> . I I I I W I Z 1 I -- - +-- I 1 I l: ..... <-> -< ",,' ..... ' f~ -, - ::1-- --- '. !' .' ~I ~, ~: , I I I I ~ = - en w i= C ffi ~ -0.- ~ o -I' a:OO a.z~ . c: o :c~ :.!! u.. '" -~= ,'. -....",,~ .. z . .. ~-' ~ = - . ---+, I = ;:: ~ ' - - - ~ ;J !~ (/) -9 I- 'I ~ :JI ~I ~I I- :3-1 g, ~ ~ ~ = ~ - ~ ~ e: " " ~ lij/ ~I jl ~ ~ ----:;-- ~, I- ---Ill, '" ~ :-i \ I . ~ -. ,~ -IJ:-E:' 'll!J TU. 8.0!!j!!):'2S"E, d'l~38 35' I 3,85 Acres 175 AJ.O~03' IS"E, t 0' ,J:. I, o '()l .r. ; APACHE MARINA o,<.~ ~~...~> (\J IS) l' AJ, o~ i3V' 25" W. .3nl'2G' - .s:- () A-VE:-' () () () I'll '<:1 ~ II) 'l -, ~ .,/ IJ .' ~ Dumbfoundling Bay, LId, :;i (;250' I \t I I I , 1$ '('/1 If' . l1\ 1""- I David L. Rozen Sheldon B, Miller General Partners - Brokers (305) 935-9300 GcALE: f": 100 7m Brickdl An'lIlIt' 18f!; Flour lVlialJli, rJ. 33137 fi'lcpllOnl' J()5/.373--9-/I)() f'IIr,~imil(' JUS/:l7294()() Millllli PiffS/!u1Xh flarris/!urg AI/en/mull Philadel'lltia Bos/olI Fort /.l7udcrda/l' [30Cil/<atOIl Tullalw55Ct' Wo!'hillgtmr, D.C, ECKERf SEAMANS CHERIN & MELLOTT, LC ~lI...lNl~I;a...~'tI.E'~'" September 19, 1997 Mr. Eric M, Soroka City Manager City of Aventura 2999 N.E. 191 Street, 5th Fir. ConcDurse Center 2 Aventura, FL 33180 RE: Ordinance of the City of Aventura Providing for a Building Moratorium on Issuance of Development Orders and Permits Dear Mr. Soroka: Please accept this letter, on behalf of my clients, Durnbfoundling Bay, Ltd., the owner of a 3,8+/- acre site located at 18851 N.E, 29th Avenue, Aventura, Florida. The applicant is seeking a waiver to permit office use on the subject property for an application that will fully conform with the provisions of Chapter 33 of the Dade County Zoning Ordinance which is adopted by the City of Aventura pursuant to an Interlocal Agreement. The proposed office building will serve as an excellent transitional use from the shopping center to the west and the present industrial to the east, and will be consistent with the other uses on N,E. 29th Avenue such as the Columbia and City National Bank buildings, Please place this matter on your next available City Council agenda, Thank you for your usual courtesy and cooperation. Very truly yours, 41),4 Staniey B. Price SBP:cm cc: Richard Weiss, City Attorney Jaye Epstein, Community Development David Rozen Shelly Miller 66369 RECEIVED SEP 2 2 1997 STANLEY B. PRICE 305/347,3816 OFFILc <of [HE CITY MANAGER 09/23/97 TUE 16:40 FAX 701 Bric'J..dl A!'cllI/~' 18th Ffrl11f' Aliilllli, J-'L:s.iJ:i1 TdL'pllmli.'.'l(),'l/.1/.'l-.91fUl FfI(":,;imil~' .W.:;/."i71-9.lOfJ ]'.1iftJl1i Pitt~'bl/I:-:h I-!tlrf'i:;.llljr:;.: /\,!Icn/l'i;'1I Plrilciddrhill H"5fo/l Furt IJlIIa"l'd'IIJ,: RrlrJI Rnfflll li'1IJi7/u7$.::n' Wi1$llill:~MJI, nc FX 3 141002 ECKERT SEAMANS 0iERIN & MEILaIT, LC ~.."lM~. .~~ September 23, 1997 Mr. Eric M. Soroka City Manager City of A ventura 2999 N.E. 191 Street, 5th FIr. Concourse Center 2 Avenmra, FL 33180 RE: Waiver from Moratorium Ordinance Dumbfoundling Bay, Ltd. Dear Mr. Soroka: Please accept this letter as Dur supplementation of our letter of September 19, 1997, Please be advised that the proposed office building will not exceed 10 stories in height, will not be greater than 120,000 sq, ft. in size and a proposed site plan does not envision any variances for the site, We recognize that we will submit a formal site plan to the City for approval as part of the normal zoning process, Please advise me whether any additiOnal infonnation is required at this time. Respectfully yours, ~~ Sl31lle ,Price SBP:cm cc: Richard Weiss, City Attorney Jaye Epstein, Community Developmenr David Rozen Shelly Miller Lester Goldstein ..m STANLEY 8, PRICE 305/347-3816 . . . Sec. 33-51. Setbacks in business and indus- trial districts. The minimum setback distances and spacing requirements in all business districts and in IU-l, 1U-2 and IU-3 Industrial Districts (see Section 33-273 for IU,C setback requirements) shall be as follows: Front.o-Twenty (20) feet. Sids stmt-Fifteen (15) feet, except where an RU or EU lot abuts a business or industrial lot, then the side street setback shall be twenty-five (25) feet on any part of the commercial struc- ture located within twenty-five (25) feet of the residential district boundary. Interior side-Zero (0) feet where the adjacent property is BU or IU Districts and where the use of the building is limited exclusively to business or industrial use. The wall along the side property line shall be constructed in accor- dance with the South Florida Building Code. Five (5) feet where the wall is not of un pierced four-hour fire-resistant construction. Ten (10) feet for such portions of the business structure as are devoted to residential use. Fifteen (15) feet where the adjacent property is zoned RU or EU. Rear-Twenty (20) feet from residential district boundary, except that credit shall be given for full width of dedicated alleys in computing this setback. Five (5) feet from business or industrial dis- trict boundary, where any openings are pro- vided in wall of proposed structure, adjacent to rear lot line. Zero (0) feet from business or industrial dis- trict boundary where no openings are proposed in wall of proposed structure, adjacent to rear lot line. Same setbacks shall apply for accessory build- ings as apply to principal structures. Between buildings-Twenty (20) feet. Structures containing residential uses or mixed residential-business uses shall comply with res- Supp, No, 16 -' ZONING ~ 33-55 idential setbacks (for the entire building) as may be required for the residential use in the residential district. (Ord. No. 57-19, ~ 3, 10-22-57; Ord. No. 58-4, ~ 1, 2-13-58; Ord. No, 64-19, ~ 4, 5-5-64; Ord. ND. 80-89, ~ 1,9-2-80; Ord. No. 83-39, ~ 1,6-7-83) ARTICLE m. HEIGHT OF BUILDINGS. Sec. 33-52. Maximum height in all districts; exceptions. Except where a greater height may be approved as a result of a public hearing, the maximum height of a building shall be thirty-five (35) feet, two (2) stories, except as specified in each district and as specified elsewhere in the Code. No acces- sory building, garage or servants' quarter in RU and EU-M Districts shall exceed one (1) story in height unless the principal residence on the lot is two (2) stories in height and there are two (2) or more two-story residences on other lots in the block. (Ord. No. 57-19, ~ 29(A), 10-22-57; Ord. No. 64-19, ~ 2, 5-5-64; Ord. No. 69-50, ~ 2, 9-3-69; Ord. No. 74-20, ~ I, 4-16-74; Ord. No. 82-13, ~ 1, 3-2-82; Ord. No. 95-135, ~ 7, 7-25-95) Cross reference-Height of buildings for public assem- blage, ~ 33-17(6). Sec. 33-53. Cornice height in specific dis- tricts. The minimum cornice height of buildings in EU-M and RU-l Districts shall be fifteen (15) feet above the sidewalk or, in lieu of a sidewalk, the average elevation ofthe plot covered by the struc- ture elevation adjacent to the lot on which said building is placed, in the following Districts: EU-M, RU-l, RU-2 and RU-3. (Ord. No. 57-19, ~ 29(B), 10-2-57) Sec. 33-54. Reserved. Sec. 33-55. Certain structures exempt. (a) The provisions of this article regarding build- ing height shall not apply to: airplane beacons, belfries, chimneys, church spires/steeples, convey- .Cross references-Definition of building height, ~ 33- 1(17); towers, poles and masts, ~ 33-60 et seq, 5165 ~ 33,55 J:" DADE COUNTY CODE ors, cooling towers, cupolas, domes, elevator bulk- heads and shafts and enclosures for mechanical equipment shall not be considered a part of a building for height calculations, fire towers, flag poles, monuments, parapet wall extending not more than five (5) feet above the limited height of the building on which it rests, radio and television towers, roof structures used only for ornamental purposes providing they do not exceed ten (0) percent of the roof area on which they stand, smokestacks, stage towers or scenery lofts, tanks, bins and silos used for purpose of storing grain or feed products such as silage in connection with agricultural production, water towers. (b) The provisions of this article III regarding building height shall not apply to active and passive recreational facilities which may be pro- vided on the roof of a building, provided that the enclosed portion of such facilities shall not exceed sixty (60) percent of the total area of such roof, and provided that the same does not exceed one (1) story or twenty (20) feet in height. (Ord, No. 57-19, ~ 29(D), 10-22-57; Ord. No. 69,28, ~ 1, 4,15-69; Ord, No. 73,5, ~ I, 1-9-73; Ord. No. 87-8, ~ 3, 3-3,87) Sec. 33-56. Compliance with FAA rules. All buildings, structures and improvements to be constructed shall conform to and comply with the prevailing criteria and requirements of the Federal Aviation Administration and the Dade County Airport Zoning Regulations where appli- cable, regulations contrary thereto contained herein notwithstanding. The Director shall process ap- plications for permits through the County Port Authority, and Federal Aviation Administration whenever he deems it advisable, (Ord. No. 57-19, ~ 29(E), 10-22-57; Ord. No. 69-42, ~ 1, 7-16-69) Sec. 33-57. Setback when height exceeds limit. Any portion of a building in the BU-2, BU-3, IU-l, IU-2 and IU-3 Districts which is between thirty-five (35) and forty (40) feet in height shall be setback at least twenty-five (25) feet from the lot line adjacent to any street or thoroughfare. Supp. No, 16 . Thereafter one (1) additional foot of setback shall be provided for each five (5) feet of additional height, (Ord. No, 57-19, ~ 29(F), 10-22-57; Ord, No. 82-13, ~ 1, 3-2-82) Sec. 33-58. Height of building limited to width of street in certain dis- tricts. No building in IU-C, IU-l, 1U-2 or 1U.3 Dis- tricts shall be of a height greater than the width of the widest street upon which such building abuts, except after application is made and per- mit issued as a result of public hearing. (Ord. No. 57-19, ~ 29(G), 10,22-57; Ord, No, 82-13, ~ 1, 3-2-82) Sec. 33-59. Fire resistive construction of building over fifty-five feet. No building erected within the boundaries of any district established by this chapter, or any amendment thereof, shall exceed fifty-five (55) feet in height unless of type 1 fire resistive construction, as specified by the building code. (Ord. No, 57-19, ~ 29(H), 10-22-57) . ARTICLE IV. TOWERS, POLES AND MASTS" Sec. 33-60. Compliance with article. Before erection of a water tower, standpipe, windmill, tower or mast for any purpose, over ten (10) feet in height above the roof of a structure or over twenty (20) feet in height if erected on natural ground, the requirements of this article and the construction requirements of the South Florida Building Code shall be observed. All tow, ers, poles, and masts requiring notice to the Federal Aviation Administration (FAA) as pre- scribed in Federal Aviation Regulations (FAR) Part 77, shall be lighted as specifically recomc mended by the FAA in the determination ren- dered to the proponent's notice of proposed con- struction. In addition, for all towers, poles, and masts not requiring notice to the FAA which are .Cross reference-Height of buildings not applicable to church steeples, spires, domes, etc., ~ 33-55. . 5166 CITY OF A VENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, City TO: City Council DATE: September 22, 199 SUBJECT: Ordinance Amending Or ce No. 96-28, to Delete the Requirements for Qualifiers to Personally Appear at the Time of Registration 1st Reading September 16,1997 City Council Meeting Agenda Item 6-A 2nd Reading October 7,1997 City Council Meeting Agenda Item.3...ll. RECOMMENDATION It is recommended that the City Council adopt the attached Ordinance, which would eliminate the need for qualifiers to personally appear at the time of registration with the Community Development Department. The Ordinance includes the amendments adopted by the City Council at the September 16, 1997 meting. DESCRIPTION / BACKGROUND On November 19, 1996, the City Council approved Ordinance 96-28. Said Ordinance requires all building contractors to register with the Community Development Department prior to working within the City of Aventura. By so doing, the City Council took a major step in reducing the vulnerability of its residents to unlicensed, uninsured and uncertified contractors. However, one provision of the Ordinance is proving to be an unforeseen hardship for our customers. Section 2(a), copy attached, of the Ordinance requires the qualifier to appear in person. While this type of requirement generally may inconvenience qualifiers, in the case of Aventura this has proven to present a significant hardship. The reason being, those qualifiers from outside of Florida are conducting a major portion of the construction activity within Aventura. This has led to several qualifiers being forced to make special trips to Florida, for the purpose of personally appearing. The cost of the current provision appears to be outweighing its benefit. Therefore, the Community Development Department recommends that this provision be deleted from the current Ordinance. Additionally, a grammatical clarification is being recommended in Section 2(b). This clarification will read that 'All building permits must be "signed by the qualifier and notarized" as opposed to "signed and notarized by the qualifier".' If you have any questions, please feel free to contact me. EMS/aca Attachment CC0366-97 Ordinance No. 96-28 Page 2 apply to the construction of boats or similar items of personalty not within the scope of sut;h trades. Section 2. Buildina Contractor's Reaistration Reauired. All Contractors performing work within the municipal boundaries of the City of Aventura, or who have made application for building permits from the City of Aventura shall be required to register annually with the City of Aventura. All such Contractors shall register with the City's Community Development Department at the time of the renewal of their Occupational License or within seven (7) days thereof, or prior to the application for a building permit, whichever applies. Requirements for registration shall be as follows: A. Qualifier for the Contractor must appear in person and provide: i. Current Certificate of Competency; ii. Current Liability and Workers Compensation Certificate of Insurance, addressed to the City of Aventura; iii. Dade County registration (if Dade County licensed, a state registration is required; if State licensed, a Dade County registration is required); iv. Current Occupational License from the area of primary business. If Dade County licensed, must also provide a municipal Occupational License; 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 96-28 WHICH REQUIRES ALL BUILDING CONTRACTORS CONDUCTING BUSINESS WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF AVENTURA TO REGISTER WITH THE CITY; AMENDING THE REQUIREMENT FOR QUALIFIERS TO PERSONALLY APPEAR AT THE TIME OF REGISTRATION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS THAT: Section 1, Section 2.A. of Ordinance No, 96-28 is hereby amended to read as follows: 1 A. QualifiClr for the Contractor must apl3ear in person and pro'/ide:The Qualifier for the Contractor must provide each of the items listed in this paraQraph, Such Qualifier must personallv appear at the Citv's Communitv Development Department for the purpose of reoistration unless the Qualifier does not have a principal place of business located in the State of Florida. Section 2. Section 2,B. of Ordinance No, 96-28 is hereby amended to read as follows: B. All building permits must be signed bv the Qualifier and notarized-ay thCl qualifier or his/her dClsignee, 1 Underline indicates addition to existing text; strikethrough indicates deletion from existing text. Ordinance No. 97-_ Page 2 Section 3. 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 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Councilmember Rogers-Libert, who moved its adoption on first reading, This motion was seconded by Councilmember Berger, and upon being put to a vote, the vote was as follows: Council member Arthur Berger yes Councilmember Jay R. Beskin yes Councilmember Ken Cohen yes Council member Harry Holzberg yes Councilmember Patricia Rogers-Libert yes Vice Mayor Jeffrey M. Perlow yes Mayor Arthur I. Snyder yes 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 2 Ordinance No. 97-_ Page 3 Councilmember Harry Holzberg Council member Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 16th day of September, 1997, PASSED AND ADOPTED on second reading this y'h day of October, 1997, ARTHURI.SNYDER,MAYOR ATTEST: TERESA M, SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 3 CITY OF A VENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Council FROM: DATE: September 22, 19 SUBJECT: Ordinance Establishing u Iification Period for Filing to Run for City Council 1st Reading September 16, 1997 City Council Meeting Agenda Item 6-B 2nd Reading October 7, 1997 City Council Meeting Agenda Item...iiL RECOMMENDATION Attached hereto, is an Ordinance that establishes the qualification period for individuals who file to run for City Council. The Ordinance includes the amendments made by the City Council at the September 16, 1997 meeting. BACKGROUND Section 2.04 entitled "Qualifications" of the City Charter provides for the City Council to establish by Ordinance, the time and manner for candidates for City Council to qualify for election. The attached Ordinance establishes the qualification period to commence on the first Monday, which is no earlier than 51 days and no later than 45 days before the regular election. The duration of the qualifying period shall be for five days commencing Monday at 8:30 a.m. and terminating on Friday at 4:30 p.m. The Ordinance also establishes qualification procedures. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0368,97 ORDINANCE NO. 97-_ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING QUALIFICATION PERIOD FOR FILING TO RUN FOR ELECTION TO OFFICE OF COUNCILMEMBER OR MAYOR; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Section 2,04 "Qualifications" of the Charter of the City of Aventura (the "City"), provides for the City Council to establish, by ordinance, the time and manner for candidates for Councilmember or Mayor to qualify for election; WHEREAS, the City Council desires to establish a qualifying period for candidates for election to the office of Councilmember or Mayor, NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AS FOLLOWS: Section 1, Time and Manner of Qualification of Candidates, The time and manner for qualification of candidates for election to the office of Councilmember or Mayor shall be as follows: A Reaular Election. The qualification period for candidates to file to nun for the office of Council member or Mayor shall commence on the first Monday lIII11ich is no earlier than thirty-one (31) days and no later than tvventy-five (25) days before the date of the regular election, The duration of the qualifying period shall be for a period of five (5) consecutive days commencing on Monday at 8:30 AM. and terminating on Friday at 4:30 P,M, and shall nun from 8:30 AM, to 4:30 P,M, of each successive day betvveen and including Monday through Friday. 8, Special Elections. In circumstances in lIII11ich a vacancy on the City Council Ordinance No. 97-_ Page 2 in the office of Mayor or Councilmember is filled by special election, the qualifying period shall commence on the first Monday ensuing after the adoption of a City Council resolution calling the special election and shall consist of a period of five (5) consecutive days commencing on Monday at 8:30 a.m. and terminating on Friday at 4:30 p.m" during the same hours of each day as provided in paragraph A above. C. Qualification Procedures, (1) For regular and special elections, as provided by paragraphs A and B above, it shall be the duty of any person desiring to become a candidate for election to the office of Mayor or Councilmember to file a written Notice of Candidacy, in the form set forth in paragraph D below, accompanied by the qualification fee required by Section 2.04 of the City Charter and the additional election assessment imposed by Florida Statutes. (2) Candidates must meet the applicable residency qualifications provided by Section 2,03(b), 2.04 and 2,05(c)(V) of the City Charter. (3) The place of qualification shall be the office of the City Clerk and the hours and dates of qualifying shall be the applicable time period set forth in paragraph A or B above. D, Notice of Candidacv, The form of Notice of Candidacy shall be as follows: "I, the undersigned, an elector of the City of Aventura who has resided continuously in the City for at least one (1) year preceding the date of filing of this Notice of Candidacy, whose residence is in the City of Aventura, hereby announce my candidacy for the office of (Councilmember, Seat No. _) (Mayor) [cross-out inapplicable 2 Ordinance No, 97-_ Page 3 provision] to be voted for at the election to be held on the day of ,_, and I hereby agree to serve if elected, Signature of Candidate DATE AND HOUR OF FlUNG: RECEIVED BY: CITY CLERK/ELECTION OFFICIAL" 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, 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 Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word, Section 4, Effective Date, This Ordinance shall be effective upon adoption on second reading, The foregoing Ordinance was offered by Council member Beskin, who moved its 3 Ordinance No, 97-_ Page 4 adoption on first reading. The motion was seconded by Councilmember Rogers-Libert, 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 Patricia Rogers-Libert Vice Mayor Jeffrey M, Perlow Mayor Arthur I. Snyder yes yes yes yes yes yes yes The foregoing Ordinance was offered by Councilmember ,11II110 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 Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 16TH day of September, 1997. PASSED AND ADOPTED on second reading this yth day of October, 1997. ARTHUR I. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY 4 CITY OF A VENTURA Ordinance 96-09 Disclosure of Site Visit. InvestiQation. Expert Opinion Agenda Item: Item No. Ie IIVl,f/1"-'A4- C/71 (u '.."'":-;1- /0-7 of body Date o} V~it, Investigation or Receipt of Expert Opinion: If/7ft? . Nature of Contact: (check as applicable) 0{. Site Visit () Investigation () Expert Opinion Substance of Contact: jll/j;'"" 1/,,q ., J. (f "t , 199 If 1 agenda of Identity of Any Person Participating in Contact: AlII/It- Respectfully, Councilor Board Member Receiving Communication: "34/ A- 11 c-JI.~ N~ n 6.v 81 ture Filed this _ day of , 19 Clerk I Secretary CITY OF A VENTURA Ordinance 96-09 Disclosure of Verbal Contact Agenda Item: 1992- agenda of Item No. 3 c.. fJv6'A/l'~dA . body of Date of Verbal Communication: /tf;JVf7 Identity of Person or Entity Making Communication: fI,t t~L- 5~'LrI Subject and Substance of Communication: 12~:a - h.A./~ JZ:fJt')~- OfC. ~ ~~ . 12 /r1I / t:7"V . Respectfully, N e ,Z~ Signature Councilor Board Communication: day of ,19_, Filed this Clerk I Secretary CITY OF A VENTURA Ordinance 96-09 Disclosure of Verbal Contact Agenda Item: Item,No. ~ ~~ of d~~;r7 ~ 199-1- agenda of )()v1fqr14bOd~-'--lf(,YL"'~- , Date of Verbal Communication: Identw/f P,' ;rson or EI'}titY Maki~ ~ _ unication: I;lLUy-.//-.J14 J ~llJ lI4- Subject and Substance of Communication: Respectfully, Filed this ItJ day of 7 Member Receiving ./ ,19 '/,7 Clerk I Secretary CITY OF A VENTURA Ordinance 96-09 Disclosure of Verbal Contact Agenda Item: "3 c.. 199-L agenda of Item No, of f/V?1v7"ilA c,~'! /"""",e'L body Date of Verbal Communication: /0/7/1"'/7 Identity of Person or Entity Making Communication: #~fI' H.cd~r;t DII'{t1?71... lq7?"~,,,.,,"y r-o/2. F/),,? Subject and Substance of Communication: (V Iv '-ell ,,)){,. 1'1:>07 n l?(J,,';-f"l ru'<- r,;>."-/>r-ov A-/VIJ""iJl Respectfully, Councilor Board Member Receiving Communication: f-lo..>""-il-/);-/lcr1l Name Signature (PL{) /} '-. (/ <?f R'ff-.- ,19 en . Filed this f) day of Clerk I Secretary CITY OF AVENTURA Ordinance 96-09 Disclosure of Verbal Contact Agenda Item: 199 L agenda of J of /6 - 7 Item No. c.. A v Ij/ 1// -/.1 Crt / { .:? --'/1/'-.",,:,. body /tJ- 7-'17 Date of Verbal Communication: Identity of Person or Entity Making Communication: /III;../( 1/ fI.. 7 J (lJ j() c",: /1 17 ( F"/t ;: vi-I Subject and Substance of Communication: ,;-~. /;V/lI"'/'i' if/of 1 ;1&7 AI/u1! (/\- //..-J//J ,1,4/<) r /;'/u7 ./It,~i(;... ,L)/v ;/v7 /1......7(.(.r.~#~t..., i /7,.",1 .;.....'ilt...... /1'}/,',,",d#;,:rGi J':' .J J"1,,-- Iii (,:;'v/V'0................. Respectfully, day of Councilor Board Communication: -j.ln t/.. IJ,: JI~,lj N~ / n... II- Si ture // v Member Receiving Filed this ,19_. Clerk I Secretary CITY OF A VENTURA Agenda Item: 199 -; agenda of Ordinance 96-09 Disclosure of Verbal Contact Item No ,~f -;=,/ 7, " iJC ._:;--7 '"fl4_~'_''' /.J /v1 ..c( . "body , . , ' Date of Verbal Communication: //]11 I 7 //17 Identity of Person or Entity Ma~ing 2mm~nicatio~ "" //1/ ~.j ~_/ SffjtZ y/-::!. v Subject and Substance of COll)m}lnication~ /<l7/~/l/ /c~ Respectfully, Filed this day of Clerk / Secretary CITY OF AVENTURA Ordinance 96-09 Disclosure of Verbal Contact Agenda Item: Jem No. ~ ~ of ;;/ '7 199....::L agenda of' ~ ;;/c.r .~. L/-;.r;q-O(~ v body , /, .ff Date of Verbal Communication: --...; e./;:r ,; - / ; ,~ # /}/ 'I <) 7 //ff'~ / ! /;',/;,t} AA_J:. /cJ/7/Cf' 7 (r..' /7t~ , Subject and Substance of Communication: )- ;) . .';:1/ /~ /f. / / / ! .1'4 A". ,,".//~7.-~<;/ . ,/ I' ~_V Ii' Z~.-kZ Respectfully, Councilor Board Communication: r ./ C'J4/.L./1.V Member Receiving / /j /../ / / ~ /7 " (', r P // v Name , . . ,<:; h/,../ Signature //' / ". /, ,.- . /" ~, ~ .7 / //. ,c c/ / Filed this day of , 19 Clerk I Secretary SEP, '30 9' (TUE) 1747 THE BRODY GROUP TEL 248 335 8991 POOl September 30, 1997 City of Aventura Community Development Department 2999 NE 191 Street Suite 500 Avcntura, Florida 33180 Attcntion: Teresa M. Smith, C.M.C. City Clerk Deax Ms. Smith: In regards to the notice of public hearing being held on Tuesday, October 7, 1997 for the possible land use to construct a Religious Facility, please be advised that we are completely oPPosed to this application. ~ ~incer~~~A~ Robert Brody Rhea Brody 19195 Mystic Pointe Drive Tower 100 # 2406 Aven"tu,ra, FL 33180 also 4017 Hidden Woods Bloomfield Hills, MI 48301 Res/bid , c.c.: (OUiJ.(!.lv to-7-tt7 FROM DMB,DIXIE,AVENT PHONE NO. 305 670 9151 Oct. 06 1997 04:16PM P1 AVEN'l'URA SHOPS, INC, 7400 No. Kendall Drive, Suite 41Cl Miami. FL 33156,7177 Off.: (305) 670-189, Fax: (305) 670-91,1 October 7, 1997 via Facsimile: 466-8949 Brenda Kelly City of Aventura Florida Re: ADDlication of Aventura shoos. Inc. for Aooroval of Multi-Tenant Center Sian Graphics Dear Ms. Kelly: I respectfully request that the Hearinq of the above referenced application be deferred until October 21, 1997 at which time I would appreciate the opportunity Of appearinq and answering any questions that may arise. I would also appreciate receivinq a copy of the.....&taff recommendations on my application. IS:RF t\cty-av MIAMI DAILY BUSINESS REVIEW Published Dally except Saturday, Sunday and Legal HOlidays Miami, Dade County, Florida. STArE OF FLDRIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookl. Williams, who on oath says that she Is the Vice Presldant of Legal Advertising of the Miami Dally Business Review flk/a Miami Review. a dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being 8 Legal Advertl.ement of Notice In the matter of CITY OF AVENTURA PUBLIC NOTICE OF PROPOSED ORDINANCES OCT. 7, 1997 In the.......... .~~~~~... .......... Court, '1;'lubll~!f In 'r'9~"p,p" In the Is.ue. of p , Affiant further says that the said Miami Dally Busln... Review I, 8 neW8peper published at Miami In said Dade County, Florlda, and that the said newspaper has heretofore been contlnuoualy publlahed In .ald Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered aa aecond class man matter at the post office In Miami In said Dade County, Florida, for a period of one ye preceding the first publication of the attached copy adYe Isement; and affiant further says that she haa nelt r pal nor promised any person, firm or corporation any taco t, rebate, commission or refund for the purpose of s u thla .dve ment for publication In the said news er. ,LJ~4~'~~ 2 2 S~~~t~~'I:\'~2bed before mel/jl~ . day of ........... ........ A.D. 19...... "C4;/L,2#~"""", (SEAL) 500lde Wllllame pen ..o..I\'l.f"'ll>to _Q!'FIClAL NOTARY SEAL 'O"~' - ~, '~ERYl H MARMER ~ '<I)'i:) 'r 0 . .. \i::!m'~'\! It COMffr.;:!'~'::N NUNBER '^ ~,.,. ," C ~ '"" ,'" " C545384 "1- avt OQ!? MY COA.O~SSION EXPfRf::S OF ,\, APR, 12,2000 " ~CiboF~AVENTURA PUBLIC NOTICE OF PROPOSED ORDINANCES NOTICE IS HEREBY GIVEN fhat on Tuasday, the 7th day of Octo- ber, 1997, at a maatlng of the City Council of tha City of Aventura, to be held at 7:00 p.m. in the Council Meeting Room at the Columbia Aventura Hospital and Medical Center, 21110 Biscayne Boulevard, Suite 101, Aventura, Aorida, the City Council will consider the adop- tion of the following Ordinances on second reading. entitled: AN ORDINANCE OF THE CITY OF AVENTURA, flORIDA, AMENDING ORDINANCE NO, 96-28 WHICH REQUIRES ALL BUILDING CONTRACTORS CONDUCTING BUSINESS WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF AVENTURA TO REGISTER WITH THE CITY; AMENDING THE REQUIREMENT FOR QUAUFIERS TO PERSONALLY APPEAR AT THE TIME OF REGISTRATION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCEQF THE CITY OF AVENTURA, FLORIDA, ESTAElLlSHfNG QUALIACATION PERIOD FOR FILING TO RUN FOR ELECTION TO OFFICE OF COUNCILMEMBER OR MAYOR; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE AND AN EFFECTIVE DATE. The propoaed OrdinBncaa may be Inspected by the public at the Of- fice of the City Clark, 2999 N.E.. 191st Streat, SU"e 500, Aventura, Florida. Interested parties. may appear the Pubtic Hearing and be , heard with rasped to the propoaed Ordinance. Any parson wishing to address the City Council on any item atthis Public Hearing is asked to register with the City Clerk prior to that item being heard. In accordance with tha Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of tho City Clerk, 466-8901, not lat.. than two busineas days prior to such proceedings. If a person decides to appeal any decision made by the City Council with respect to any matter considered at a meeting or hearing, ttwt " person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceeding~ is made, which record includes the testimony and evidence upon which the appeal Is to be based. Dated September 22,1997. Teresa.M. Smith, CMC, City Clerk 9122 97-B-092274M MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday. Sunday and Legal Holidays Miami, Dade 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 o' the Miami Dally Business Review flk/a Miami Review, a daily (except Saturday, SUnday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of actvenlHment. being a Legal Advertisement of Notice In the matter of 'DATE AND TIME OF PUBLIC HEARING: APPLICANT NAME: 'I I Tuesday, October 7,1997 ' II 6:00 p.m, i PCT Biscayne Boulevard Partnership, a Flo- rida general Partnership and the Florida Department of Transportation (FOOT) APPLICANT REQUEST: The applicants are requesting a special ex- ception for site plan approval and related variances as prompted by the Florida DepM artment of Transportation {FOOT} takirig of a portion of the subject property. Such site plan will supercede all previously approved site plans. Accompanying this request are the following: 1) a nonMuse.varianoe of open space requirements; 2) a non Muse variance of parking requirements; and 3) a modifica- tion of restrictive covenants. APPLICATION NUMBER: 0S-SP-97, 06-MA-97 and 06-SP-97 LOCATION OF Eaat of Biscayne BouIevllld between NE 167th SUBJECT PROPERTY: Street and NE 19151 Street (alk/a Loeh, mann's Fashion Island) LEGAL DESCRIPTION: Lengthy legal description. you may contact the Aventul"a Community Deveropment Department for the completa legal de- scription. Approximately 27.46 acra. , CITY OF AYENTURA NOTICE OF PUBLIC HEARING CITY OF AVENTURA PUBLIC HEARING - 10/7/97 APPLICANT NAME: PCT BISCAYNE BOULEVARD PARTNERSHIP in the .....................XXXXX........................................ COurt. was published In said newspaper In the Issues of Sep 26, 1997 SIZE OF SUBJECT PROPERTY: Octelma v. F P OfFICIAL NOTARY SEAL 0"" $<"/ JANETT LLERENA ~'n'RYk~ NUMBER t. ~~ ,_ <( CC566004 'Y.; ..' ;1 J' MY COMMiSSION EXPIRES <" OFf\.O JUNE 23,2000 Plans are on file and may be examined during regular business hours in the City of Aventura, Community Development Depatlment, 2999 NE 191 Street, Suite 500, Aventura. Florida, 33180. Plans may be modified at or before the Public Hearing. The application may change during the hearing process. The PubliC Hearing will be held at Columbia Aventura Medical Arts Building, 21110 Biscayne Boulevard, Suite 101, Avenlura, florida, 33180. Your comments may be made in person at the hearing or filed iriwritingprior to the hearing date~ Refer to applicant/property on cor. respondence and mail. same to City of Aventura, Community Devel. opment.Oepartment, 2999 NE 191 Street, Suite 500, Aventura, Florida, 33180. ~For further information, please call (305) 466-8940. In accordance with the Americans with Oisabilities Act of 1990. all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the City Clerk, 466-8901, not later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City Council with respect to any matter considered at a meeting. or hearing, that person. will need a record of the proceedings and, for such purpose; . may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Affiant further says that the said Miami Dally Business Review Is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County,-Florkla, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office In Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of .advertisement; and affiant further says that she haS neither paid nor promised any person or corporation any dlscou . rebate, commlsslo nd r the purpose of secu this advertise fo ubllcat n in the said news 9/26 Teresa M. Smith, CMC, City Clerk 97-3.092684M MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY DF DADE: CITY 01' AVII!NTURA NOTICE OF PUBLIC HEARiNG CITY OF AVENTURA PUBLIC HEARING - 10/7/97 APPLICANT NAME: JAMES F. HEIMAN DATE AND TIME: Tuesday. October 7, 1997 OF PUBUC HEARING 6:00 p,m, APPLICANT NAME: James F. Heiman APPLICANT REQUEST: The applicant Is petitioning to close approx- imately 110 linear feet of public right-of-way extending from thenorthem limits of im- proved NE 29. Court to the northern. City boundary. APPUCATION NUMBER: 01.AR-97 , LOCA liON OF The unimproved extension of the NE 29 Court SUBJECT PROPERTY: right-of-way to the northem City Umits. LEGAL DESCRIPTION: Lengthy Legal description. you ~ay contact the Aventura Community Development Dep- artment for the complete legal description. SIZE OF SUBJECT Approximately 0.135 acres PROPERTY: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she 18 the Supervisor, Legal Notices of the Miami Dally Business Review tlkla Miami Review, a dally (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 Affiant further says that the said Miami Dally Business Review Is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office In Miami In said Dade County, flOrida, for a period of one year next preceding the first publication of the attached copy of .advertisement; and affiant further says that she has neither paid nor promised any ~ , or corporation any dlscou .. rebate, comml r refun for the purpose of secur 9 this advertl r publl tlon In the said news pel; Plans are on file and may be, examined during regular business hours in the City of Aventura,' Community Development Department, 2999 NE 191 Street, Suite 500: Aventura, Florida, 33180, Plans may be modified at or before the Public Hearing. The application may change during the hearing process. The Public Hearing will be held at Columbia Aventura Medical ~rts Building, 21110 Biscayne Boulevard, Suite 101, Aventu~, Flor~da, 33180. Your'comments may be made in person at the heanng or flied in writing prior to the hearing date. Refer to applicantlprope~y on cor- respondence and mail same to City of Aventura, Community Deyel- opment Department, 2999 NE 191 Street, Suite 500, Aventura, Flonda, 33180. For further information, please call (305) 466.8940. In acco<<iance with the Americans with Disabilities Act of 1990. all persons who are disabled and who need spec~al ~commoda:tions to participate in this proceeding because of that disability Sho~ld contact the Office of the City Clerk, 466-8901, not later than two bUSiness days prior to such proceedings. lIa person decides to appeal a~y decision made. by the City. Council with respect to any mailer conSidered at a meetlng or heanng, thai person will need a record of the proceedings and, for such p~rpos~, may need to. ensure that a verbatim record of t.he proceedings. IS made, which record includes the testimony and eVidence upon which the appeal is to be based. in the ......................~X.~.lI;,K...................................... COurt, was published in said newspaper In the Issues of Sep 26, 1997 26 ........day of....... 9/26 Teresa M. Smith. CMC, City Clerk 97.3-G92685M Octelma V. Ferb \l (J OFFICIAL NOrARY SEAL ~. JANETT LLERENA ~~OWedaAlMslON NUMBER ; l\Wf, 1 CC566004 ..,..... ~ ~ MY COMMtSSIOH EXMES <' Of fl.O JUNE 23,2000 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade 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 01 the Miami Dally Business Review flkla Miami Review, a dally (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 CITY OF AVENTURA PUBLIC HEARING... 10/7/97 APPLICANT NAME: MAGEN DAVID CONGREGATION OF FLORIDA, INC. in .h.,.,.,..,.............XXXXX,...................................... Court, was published in said newspaper In the Issues of sep 26, 1997 Affiant further says that the said Miami Dally Business Review Is a newspaper published at Miami In said Dade County, Florida, and that the sald,newspaper has heretofore been continuously published In said Dade COunty,' Florida. each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail maner at the post office In Miami In said Dade County, florida. for a period of one year next preceding the first publication of the attached copy of .advertisement; and affiant fu ys that she has neither paid nor promised any ,firm r corporation any disco . rebate, comml refund the purpose of sec n is advertl public Ion In the said n.w (SEAl) "i P OFFICIAL NOT AR't EAt.. O'~ l1Q~/ JANETT LlERE A .VIY);no~oN NUMBER ..' I '* '" ~~ ",>" <( CC566004 .... il.ii ~.~ ..,~ ....." ~ MV COMMlSSK>N EXPiRES <' OF f\.O JUNE 232000 CITY OF AVENTURA NOTICE OF PUBLIC HEARING DATE AND TIME Tu.sday, October 7, 1997 OF PUBUC HEARING: 6:00 pm APPLICANT NAME: Magan David Congregation of Florida, Inc., . A Florida not for Profit Corporation APPLICANT REQUEST: The applicant is requesting non.use vari. ances to construct a Religious Facility in. a BU.2. Special Business District. APPUCATION NUMBER: 07.MA-97 LOCAnON OF Between Mystic Point Bou'levard and the In- SUBJECT PROPERTY: tracoastal Waterway, north of the Lehman Causeway LEGAL DESCRIPTION: l.ngthy L.gal - You may contact the Community Development Department for the complete legal description. Approximately 1.4 acres (61,011 SF) SIZE OF SUBJECT PROPERTY: Plans are on file and may be examined during regular business hours in the City of Aventura, Community Development Department, 2999 NE 191 Street, Suite 500, Aventura, Florida, 33180. Plans may be modified. at or before the Public Hearing. The application may change during the hearing' process. The Public Hearing will be held at Columbia Aventura Medical Arts Building, 21110 Biscayne Boulevard. Suite 101, Aventura, Florida, 33180. Your comments may be made in person at the hearing or filed in writing prior to the hearing date. Refer to applicant/property on cor. respondence and mail same to City of Aventura, Community Devel- opment Department. 2999 NE 191 Street, Suite 500, Aventura, Florida, 33180. For further information, please ~all (305) 466-8940. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the City Clerk, 466-8901, not later Ihan two business da~ prior to such proceedings. If a person decides to appeal any decision made by the City Council with (espect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 9/26 Teresa M. Smith, C.M.C., City Clerk 97-3-o926!~...,