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06-03-1997 CC Meeting AgendaCITY OF AVENTURA COUNCIL AGENDA June 3, 1997 - 6 P.M. City Council Arthur I. Snyder, Mayor Jeffrey M. Perlow, Vice Mayor Arthur Berger, Councilmember Jay R. Beskin, Councilmember Ken Cohen, Councilmember Harry Holzberg, Councilmember Patricia Rogers-Libert, Councilmember Eric M. Soroka, City Manager Teresa M. Smith, City Clerk Weiss Serota & Helfman, City Attorney CITY OF AVENTURA WELCOME TO YOUR CITY COUNCIL MEETING We ars pleased that you have demonstrated an Interest In the City of Aventura by attending a City Council meeting. We hope you will attend mors of these meetings in the future. GENERAL INFORMATION The City of Aventura was Incorporated on November 7, 1995 and operates under the "Council - City Manager Plan." The City Council is comprised of six membem and the Mayor selected by the residents of Aventura to serve as the City's governing body. It is responsible for adopting policies of the City, paeslng ordinances, adopting resolutions, approving various development mquestu and adopting the budget. A City Manager is appointed by the City Council to serve as the administrative head of the govemment and provides recommendations to the City Council on policy issues. The City Council Meeting is a formal meeting of the members of the Council to transact City buslnesa. This business is conducted in a manner prescribed by resolution, laws and regulations which requirs formal actions and the following of specific procedures. The AGENDA is a printed document that lists the order of business for the Council meeting. GENERAL RULESAND PROCEDURES Addressin.q Council - Members of the public may address the City Council on matters during the following portions of the AGENDA: Public Hearings, Other Business and Public Comments. Each person who addresses the Council shall step up to the speaker's podium and give his/her name and address. Public discusalon is limited to three minutes maximum per person, however the Mayor may allow more time. All questions from the public to the Council shall be addressed through the Mayor. Public Comments - Individuals wishing to speak on matters not on the agenda but pertinent to the city may do so by signing in with the City Clerk prior to the meeting. The Mayor will recognize those persons who signed in under the agenda item "Public Comments." Decorum. Any person making Impertinent or slanderous remarks or who becomes boisterous while addressing the Council, shall be barred from further audlenco befors the Council by the Mayor, unless permission to continue or again address the Council be granted by the majority vote of the Council. No clapping, applauding, heckling or verbal outburst In support or opposition to a speaker or his or her remarks shall be permitted, No signs or placards shall be allowed In the Council chambers. Persons exiting the Council chamber shall do so quietly. The above rspresents a summarization of the comprehensive Council Meeting and Agenda Procedures Resolution. Coplee of this resolution ars available from the Office of the City Manager. City of Aventura Arthur L Snydcr, Mayor Jeffrey M. Perlow, Vice Mayor Councilmembcrs Arthur Berger Jay R. Beskin Ken Cohen Harry Holzberg Patricia Rogers-Libert Council Meeting June 3, 1997 6 P.M. Columbia Aventura Medical Arts Building 21110 Biscayne Boulevard Suite 101 Aventura, Florida 33180 AGENDA CALL TO ORDER 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 item on the Council's agenda is quasi-judicial in nmure. If you wish to object or comment upon this item, 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 964)9 A. APPLICANT: AVENTURA COMMONS, LTD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA GRANTING SPECIAL EXCEPTION APPROVAL FOR PROPERTY LOCATED ON THE EAST SIDE OF BISCAYNE BOULEVARD BETWEEN NE 210 June 3, 1997 Council Meeting STREET AND NE 213 STREET TO PERMIT A SECOND COCKTAIL LOUNGE IN A RESTAURANT WITHIN A SHOPPING CENTER WHERE ONE (1) COCKTAIl, LOUNGE WITHIN A RESTAURANT IS ALLOWED IN A SHOPPING CENTER AND, WHICH SECOND RESTAURANT IS LOCATED WITHIN 500 FEET OF A PLACE OF WORSHIP; PROVIDING AN EFFECTIVE DATE. Be APPLICANT: TRAFALGAR ASSOCIATES OF AVENTURA, LTD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA; AMENDING A PREVIOUSLY RECORDED DECLARATION OF RESTRICTIVE COVENANTS, AS RECORDED IN THE PUBLIC RECORDS OF DADE COUNTY (beginning at O.R. 17128 P. 521), AMENDING PREVIOUSLY APPROVED ZONING RESOLUTIONS Z-86-95, AS APPROVED BY THE DADE COUNTY COMMISSION; PROVIDING AN EFFECTIVE DATE. FLORIDA DEPARTMENT OF TRANSPORTATION PRESENTATION REGARDING NON- CONFORMING USE CAUSED BY WIDENING OF BISCAYNE BOULEVARD APPROVAL OF MINUTES: Council Meeting - May 20, 1997 $. AGENDA: Request for Deletions/Emergency Additions 6. SPECIAL PRESENTATIONS: TOBACCO FREE FLORIDA COALITION 7. CONSENT AGENDA: Ao A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AWARDING A CONTRACT FOR RFP NO. 97-:;-5-2 FOR A COMPREHENSIVE MUNICIPAL INFORMATION SYSTEM TO H.T.E., INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS June 3, 1997 Council Meeting OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID CONTRACT; AND PROVIDING FOR AN EFFECTIVE DATE. (Awards a Contract for Management Information Systems for Police Operations, Community Development and General Administrative Requirements) Bo A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, ADJUSTING THE 1996/97 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Amends Budget to Allocate $600,000 to Fund the Contract Award for RFP No. 97-3-5-2 Comprehensive Municipal Information Systems) 8. PUBLIC HEARINGS: ORDINANCES - SECOND READING AN ORDINANCE OF THE CITY OF AVFNTURA, FLORIDA; ADOPTING ORDINANCE CONCERNING ZONING PURSUANT TO SECTION 8.03 OF THE CITY CHARTER, AMENDING METROPOLITAN DADE COUNTY ZONING CODE AS APPLICABLE TO CITY OF AVENTURA; PROVIDING FOR PUBLIC HEARINGS AND NOTICE OF PUBLIC HEARINGS; PROVIDING FOR REPEAL AND REPLACEMENT OF SECTION :}:}-310 OF THE METROPOLITAN DADE COUNTY ZONING CODE CONCERNING PUBLIC HEARINGS; SUBSTITUTING CITY COUNCIL AND DESIGNATED CITY OFFICIALS FOR COUNTY AGENCIES AND OFFICIALS, PROVIDING FOR AUTHORITY FOR REVIEW OF PUBLIC HEARING APPLICATIONS, ZONING VARIANCES, SPECIAL EXCEPTIONS AND OTHER QUASI-JUDICIAL ACTION WITHIN THE SCOPE OF CHAPTER 33 "ZONING" OF THE COUNTY CODE AS MADE APPLICABLE TO THE CITY; PROVIDING FOR REPEAL OF ZONING AND PLANNING TRANSITIONAL ORDINANCE, DESIGNATED AS June 3, 1997 Council Meeting ORDINANCE NO 96-08 UPON THE SAME SUBJECT MATTER; PROVIDING FOR SEVERABILITY; PROVIDING FOR SAVINGS CLAUSE AND RATIFICATION OF PRIOR ADMINISTRATIVE ACTION; PROVIDING FOR AN EFFECTIVE DATE. Bo AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 96-18, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 1996/97 FISCAL YEAR BY REVISING THE 1996/97 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIlS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING SIGN CODE REGULATIONS; PROVIDING FOR PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR PROHIBITED SIGNS; PROVIDING FOR REQUIRED SIGNS; PROVIDING FOR SIGNS NOT REQUIRING A PERMIT; PROVIDING FOR RESIDENTIAL DISTRICT PERMANENT SIGNS; PROVIDING FOR NON- RESIDENTIAL DISTRICT SIGNS; PROVIDING FOR TEMPORARY SIGNS; PROVIDING FOR SUPPLEMENTAL REGULATIONS; PROVIDING FOR SIGN PERMITS; PROVIDING FOR NON- CONFORMING SIGNS; PROVIDING FOR SIGN MAINTENANCE; PROVIDING FOR REMOVAL OF IMPROPER SIGNS; PROVIDING FOR REPLACEMENT OF SIGN CODE PROVISIONS PROVIDED BY METROPOLITAN DADE COUNTY CODE SECTIONS 33-82 TO 33-121.27; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERAB1LITY AND AN EFFECTIVE DATE. 9. RESOLUTIONS: None 10. OTHER BUSINESS: None June 3, 1997 CoUncil Meeting 1 'l. REPORTS: CITY ATTORNEY: A. PLANNING ADVISORY BOARD MOTION TO ADOPT ORDINANCE ON FIRST READING THAT WOULD PROVIDE FOR TERMINATION OF THE PLANNING ADVISORY BOARD AND REPEAL ORDINANCE NO. 96-33 WHICH DID CREATE THE PLANNING ADVISORY BOARD MOTION TO ACCEPT RESIGNATIONS SUBMITTED, IF ANY, OF THE PLANNING ADVISORY BOARD MEMBERS MOTION PROVIDING FOR REMOVAL OF PLANNING ADVISORY BOARD MEMBERS PURSUANT TO CITY CHARTER SECTION 3.11 AND SECTION 1.A OF ORDINANCE NO. 96-33 AUTHORITY TO PROHIBIT OR REGULATE LIVE- ABOARD VESSELS q 2. PUBLIC COMMENTS ~13. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS: TUESDAY, JULY 1, 1997 6 P.M. COUNCIL MEETING This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special acconmaodations to participate in this mecting because of that disability should contact the Office of the City Clerk. 466-8901. not late~ than two days CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Council ~-- Eric M. Soroka, Ci~/~/17~ Jaye M. Epstein, AICP~ May 9, 1997 e~or of Community Development Request of Aventura Commons Associates, Ltd. For a special exception to permit a second cocktail lounge within 500 feet of a place of worship. June 3, 1997 City Council Meeting Agenda Item THE REQUEST The applicant, Aventura Commons Associates, Ltd., is requesting a Special Exception to permit a second cocktail lounge in a restaurant within a shopping center where one (1) cocktail lounge within a restaurant is allowed in a shopping center and, which second restaurant is located within 500 feet of a place of worship to allow a second cocktail lounge on property being developed as a shopping center. According to Dade County Code, "Only one (1) such cocktail lounge-bar will be permitted in the shopping center, and such restaurant use shall be at least five hundred (500) feet from any church or school ..." (See Exhibit #1, Section 33-150(E)(4)) RECOMMENDATION It is recommended that the request for a special exception be granted. BACKGROUND OWNER OF PROPERTY Aventura Commons Associates, Ltd. ADDRESS OF PROPERTY SIZE OF PROPERTY LEGAL DESCRIPTION EXISTING ZONING FUTURE LAND USE DESIGNATION east side of Biscayne Boulevard between NE 210 and NE 213 Streets (21005-21265 Biscayne Boulevard) (See Exhibit #2 for a Location Map) Approximately 25 acres Lengthy legal - See Exhibit #A BU-2, Special Business District Business and Office Zoning- The subject property is zoned BU-2, Special Business District. The properties to the north and south are zoned RU-2, Two-Family Residential District and the properties to the west are zoned BU-1, Neighborhood Business District or BU-1A, Limited Business District. The property to the east/southeast is zoned PAD, Planned Area Development District. Existing Land Use - The subject property is currently vacant land, proposed to be developed as a shopping center. The properties to the west are the Columbia Aventura Hospital and medical offices. The properties to the north and immediate south are vacant and the property to the east/southeast is presently vacant but is the proposed location of the Aventura Lakes residential development. 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, south, and west. The property to the east is designated Medium Density Residential. The Site - The subject site, located on the east side of Biscayne Boulevard between NE 210 Street and NE 213 Street is a parallelogram shaped piece of land approximately 1100 feet by 1050 feet and is approximately 25 acres in size. (See Exhibit #2 for a location map). The Project- The site is the location of the proposed Aventura Commons shopping center. Aventura Commons intends to develop two of the outparcels on the Property with restaurants. Each restaurant will be a full service dining establishment designed to include a cocktail lounge offering restaurant patrons various beers and other alcoholic beverages. Presently, one restaurant with a cocktail lounge is permitted on the Property which complies with the standards set forth in Section 33-150(E)(4) of the Metropolitan Dade County Zoning Code. However, pursuant to that Section of the Code, Aventura Commons requests a special exception be granted, to permit a second 2 restaurant with a cocktail lounge on the Property to be located within 500 feet of an existing house of worship. ANALYSIS Consistency with Comprehensive Master Plan- The proposed development is consistent with the Dade County Comprehensive Master Plan. Concurrency - Project meets concurrency. Review by City Departments: Police Department - The Police Department would like to know the name of the proposed restaurants in order to determine if they have had problems or security concerns at other locations. If the location is intended to become a night spot then there may be some concerns for law enforcement. If these are typical chain restaurants, there are no objections to the proposals. Community Development Department Analysis - The applicant proposes that the first restaurant is approximately 970' from the nearest house of worship. According to Dade County Code Section 33-150(E)(4), this falls within the standards allowed. However, the second restaurant is located approximately 240' from the nearest house of worship, therefore, the applicant is requesting a special exception from the requirement that "only one (1) such cocktail lounge-bar will be permitted in the shopping center, and such restaurant use shall be at least five hundred (500) feet from any church or school..." The conditions as required by Dade County Code Section 33-150(E)(4) are: 1. "shopping center in a BU-2 district containing net ground area of not less than 14 acres under one ownership": The proposed site is approximately 25 acres under one ownership 2. "approved plan showing 200,000 square feet of building ... with facilities for parking not less than 250 vehicles": Dade County has approved a site plan allowing 267,000 square feet of building area and 1,295 parking spaces 3 3. "restaurant serves full course meals regularly, and have accommodations for service of two hundred (200) or more patrons at tables, and provided the restaurant occupies more than four thousand (4,000) square feet of floor space": The approved site plan proposes two (2) restaurants, one at 6,500 square feet and the other at 8,000 square feet 4. "before any such cocktail lounge-bar will be permitted, the required floor area of 75,000 square feet and required parking for 250 vehicles in the shopping center must be constructed": Building permit applications have been submitted for the construction of the Target store. Additionally, no building permits will be issued for either restaurant until 75,000 square feet of floor area and 250 required parking spaces have been constructed within the shopping center. 5. If this special exception is granted by the City Council, then the applicant is required to conform to all requirements as specified in Section 33-150(E)(4) as follows: (1) the cocktail lounge-bar in the restaurant structure shall not have outside entrances and; (2) the lounge shall be so located that there is no indication from the outside of the structure that the cocktail lounge is within the structure. Additionally, according to Article XXXVI, Section 33-31 l(d) of the Dade County Code, a special exception should be evaluated using the following criteria: 1. The request would not have an unfavorable effect on the economy of Dade County; The request for a second restaurant to provide a cocktail lounge would not have an unfavorable effect on the economy of Dade County. = The request would not generate or result in excessive noise or traffic, cause undue or excessive burden on public facilities, including water, sewer, solid waste disposal, recreation, transportation, streets, roads, highways or other such facilities which have been constructed or which are planned and budgeted for construction; and The request would not generate or result in excessive noise or traffic, or cause undue or excessive burden on public facilities above and beyond that which is already contemplated for the restaurant in general and that of the entire shopping center. 4 3. The request would not tend to create a fire or other equally or greater dangerous hazards, or provoke excessive overcrowding or concentration of people or population. The request would not tend to create a fire or other equally or greater dangerous hazard, or provoke excessive overcrowding or concentration of people or population above and beyond that which is already contemplated for the restaurant in general and that of the entire shopping center. The Community Development Department is supportive of this proposal. The proposed use and request is compatible with the area and is generally a use associated with large shopping centers. Additionally, the request is in harmony with the general purpose and intent of the regulations and would conform with the requirements and intent of the zoning guidelines. CONDITIONS It is recommended that the request for a special exception be granted subject to the following conditions: STANDARD CONDITIONS Applicant shall submit the final building plans within 12 months of the date of this Resolution or the special exception approval granted shall be deemed null and void and the applicant shall be required to reinstate the special exception review process unless the term is extended by the City Council prior to its expiration. PROJECT SPECIFIC CONDITIONS 1. Applicant shall conform to all requirements per Article X. Alcoholic Beverages of the Dade County Code, and more specifically Sec. 33-151(g) and Sec. 33-151(h). (See Exhibit #3 for those requirements). The developer has offered and the staff accepts the following conditions: 2. The bar shall not be advertised on any restaurant or shopping center signage, unless the bar or lounge is part of a national or regional tenant's name. 3. Alcohol shall not be sold for off-premise consumption. 4. The bar shall not have its own separate entrance from the outside. 5. The outparcel's primary use shall remain a restaurant use. 6. The operating hours for the bar shall not extend beyond those for the restaurant. /staff repo~s/Aventura Commons 050697 5 ZONING § 33-150 (d) The word "owner" as used in this article shall include owners of the fee, lessee and "agent in charge." (Ord. No. 57-19, § 32(L), 10-22-57) ARTICI.E IL ALCOHOLIC BEVERAGES* Sec. 33-150. Location of establishments. (A) Distance from other establishments. Unless approved as a special exception (Section 33- 311(d)), no premises shall be used for the sale of any alcoholic beverages, as defined herein, to be consumed on or off the premises where the struc- ture or place of business intended for such use is located less than fifteen hundred (1,500) feet from a place of business having an existing, unabandoned, legally established (and not one of the uses excepted from the spacing requirements hereinafter provided) alcoholic beverage use which permits consumption on or off the promises. The fifteen hundred (1,500) feet distance require- ments shall be measured by following a straight line from the nearest pertion of the structure of the place of business. (B) Distance from church or school. Unless approved as a special exception (Section 33- 311(d)), no premises shall be used for the sale of alcoholic beverages to be consumed on or off the premises where the structure or place of business intended for such use is located less than twenty- five hundred (2,500) foot from a church or public school. The twenty-five-hundred-foot distance re- quirement shall be measured and computed as follows: (1) From a church, the distance shall be mea- sured by following a straight line from the *Charter reference--Authority of County to establish and enforce regulation~ for s~le of alcoholic beverages in unincorporated areas and to approve municipal regulations on hours for the sale of alcoholic beverages, § 1.01(AX16). Cross reference~-Definition of aicohol/c beverages, § 33-1(3); definition of bar or saloon, § 33-1(10); definition of beer, § 33-1(13); definition of cabaret, § 33-1(23); defm/tlon of intoxicating liquors, § 33-1(59); minors gaining admission to prohibited places, or for purposes of securing beer, liquor or wine, by false statements or credentials, § 21-10; package stores and nightclubs in hotels, RU-4 District, § 33-222.4. Supp. No. 16 5229 front door of the proposed place of business to the nearest point of the church struc- ture, and (2) From a public school, the distance shall be measured by following a straight line from the front door of the proposed place of business to the nearest point of the school grounds. (C) Compliance prerequisite to issuance of li- censes, permits and certificates. No certificate of use or occupancy, license, building or other permit shall be issued to any person, firm, or corporation for the sale of alcoholic beverages to be consumed on or offthe premises where the proposed place of business does not conform to the requirements of subsections (A) and (B) above. (D) Nonconforming uses; definition of abanden- ment. The uses referred to in subsections (A) and (B) above that are in violation of the provisions thereof, and that were in existence on or before June 14, 1956, shall be deemed to be nonconform- lng and as such may continue until there is an abandonment thereof, provided that such noncon- forming uses have boon established and proven to the satisfaction of the Department on or before October 1, 1956, and not thereafter. After October 1, 1956, the right to establish a use not conform- ing with the requirements of subsections (A) and (B) shall have expired and shall not ~herea~r be recognized. Any uses, created and established in a legal manner, which may thereafter become non- conforming, may continue until there is an aban- donment. Once a nonconforming use is aban- doned it c~nnot be re-established unless it can conform to the requirements of this chapter. Abandonment shall consist of a change of use or of a suspension of active bus'mess with the public for a period of not less than three (3) months, or prior to the end of the period, on a written declaration of abandonment by the tenant and owner of the premises if under lease, and if not, by the owner. (E) Exceptions to spacing and distance require- rnents. The rostrictlons and spacing requirements set forth in subsections (A) and (B) above shall not apply: · (1) To private clubs, provided such clubs con- form to all the requirements of a private EXHIBIT #1 § 33-150 DADE COUNTY CODE (2) (3) ~(4) club as stated in Chapter 561 of the Florida Statutes and other applicable State laws, and providing that there are no signs of any type exhibited or displayed or other indications that can be seen from the ext~ rior of the clubhouse, building or structure that alcoholic beverages are served. Before a certificate of use and occupancy to serve alcoholic beverages will be issued, the ap- plicant must submit necessary data to prove that it is eligible for the use and complies with Chapter 561 of the Florida Statutes or other applicable State laws; provided, any- thing to the contrary notwithstanding, these requirements must be complied with, even though the club intends to serve only beer and/or wine. ESTABLISHMENTS IN RU-4, RU-4A DIS- TRICTS. To cocktail lounges, bars and cab- arets located in RU-4 or RU-4A Districts and which conform to the requirements of said districts, or such other cocktail lounges, bars and cabarets in other liberal districts ss may comply with the RU-4 or RU-4A requirements. RESTAURANTS IN BU-1, BU-1A DIS- TRICTS. To ~llnlng rooms or restaurants located in the BU-1 or BU-1A Districts which comply with the requirements of such districts and serve cooked, full course meals, daffy prepared on the premises, or such other dining rooms or restaurants in other more liberal districts complying with the requirements of the BU-1 or BU-1A District and which serve cooked, full course meals, daily prepared on the premises, providing that only a service bar is used and' the sale of alcoholic beverages are sold only to persons seated at tables. ~COCKTAIL LOUNGES IN RESTAURANTS IN SHOPPING CENTER IN BU-2 DIS- TRICT. To cocktail lounge-bars (including package stores) in restaurants located in a shopping center in a BU-2 or more liberal district contelnlng net ground building area (including parking) of not less than four- teen (14) acres under one (1) ownership of title with an approved plan showing 200,000 square feet of building area and improved (5) (6) by not less than seventy-five thousand (75,000) square feet of floor area thereon, with facilities for parking not less than two hundred fifty (250) vehicles, provided such restaurant contains all necessary equip- ment and supplies for and serves full course meals regularly, and have accommodations for service of two hundred (200) or more patrons at tables, and provided the restau- rant occupies more than four thousand (4,000) square feet of floor space. Only one (1) such cocktail lounge-bar will be permit- ted in the shopping center, and such. res- taurant use shall be at least five hundred (500) feet from any church or schooImea- sured as otherwise provided in this section. Before any such cock'taft lounge-bar will be permitted the required floor area of seventy- five thousand (75,000) square feet and re- quired parking for two hundred fifty (250) vehicles in the shopping center must be constructed. The cocktail lounge-bar in the restaurant structure shaft not have outside entrances and the lounge and package store shaft be so located that there is no indica- tion from the outside of the structure that the cocktail lounge and package store are within the structure. BEER AND WINE FOR OFF-PREMISES CONSUMPTION. To the sale of beer and wine as a grocery item for consumption off the premises, from grocery steres and meat markets within the hours adopted and pre- scribed by the County Commission. · CONVENTION HALLS IN BU-1A DIS- TRICTS. To convention hafts located in BU-1A, or more liberal business and indus- trial districts, which meet the following requirements: (a) Where the hall is part of the operation of a hotel or motel and di- rectly under its management. (b) Where the square footage area~f the convention hall is at least ten thousand (10,000) square feet. (c) Where the seating capacity of the hall is in excess of five hundred (500) persons. (d) Where the sign advertising the cockt~l lounge or bar use is of same or similar type as is permitted for motels in Supp, No. 16 ~ 5230 EXHIBIT A A portion of DONN ACRES, according to the Plat thereof, as recorded in Plac Sook 76, at Page 30, of the Public Records cf Dads County, Florida. being more particularly described as follows: Easterly line of said Section ]¢, for 659.1¢ feet: thence run South 88°00'57. West for 40.00 feet; thence run South 88'~6'03- West for 1993.18 feet to the Point of Beginninq; thence run south 1"33'97. Edst for 50.00 feet; thence z-an South 88.26,03# West for 884.75 feet co a point of curvature; thence run Southwesterly, along a circular curve to the left having for its elements a central angle of 66"40'24. and a radius of 25.00 feet. for an arc distance of 29.09 feet to a poin't of intersection with a circular curve concave to the Northwest, said point 6f intersection bearing South G~.14,22# East from the Center Of said circular cu~;e; thence run Northwesterly, along a circular curve to the left having for its elements a central angle of ~'02'0~. and a radius of 3909.83 fees, for an arc distance of 70.62 feet; thence run North 68"~'03# East for 880.33 feet to the Point of Beginning AND A portion of OONN AC.RES, according to the Plat thereof, as recorded in Plat Book 76, a~ Page 30, of the Public Records Of Dads County, Florida, being more particularly described as follows~. ' Easterly line of maid Section 34. for 709.14 feet; thence run South 88'00'57' West for ~0.00 feet; thence run South 88'26'o]- West for 1729.66 feet to the Point of Scginni~g, said Point Beginning bearing South 73'32'11" East from the center of the angle of 6'19'29# and a radius o~ 4964.09 feet, for an arc angle of 5-27'59- and a radius of 4552.0S fe~t, for an arc LESS A PORTION OF TP~ACTS A, BARD 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 PARTICUL/~RLY DESCRIBED AS FOLLOWS: COW/4ENCE AT THE NORTHEAST CORNER OF SECTION 34, TOWNSHIP 51 SOUTH, P~ANGE 42 EAST; THENCE RUN SOUTH 01~59'03# EAST, A3~ONG THE EASTERLy LINE OF SAID SECTION 34, FOR 659.14 FEET; THENCE RUN SOUTH 88"00'57" WEST FOR 40.00 FEET; THENCE RUN SOUTH 01"59'03" F~AST FOR 50.00 FEET; THENCE RUN SOUTH~ 88"26'03" WEST FOR 1953.55 FEET TO A POINT; SAID ~OINT BEARING SOUTH 72044'41" EAST FROM THE CENTI'~ OF THE NEXT DESCRIBED CURVE; THENCE RUN SOUT~ESTERLI, 'ALONG A CIRCULAR CURVE TO THE RIGHT }~%VING FOR ITS ELEMENTS A CENTRAL ANGLE OF 05"27'59" AND A ~ADIUS OF 4752.05 FEET, FOR AN ARC DISTANCE OF 453.38 FEET TO A POINT OF TANGENCY; THENCE RUN SOUTH 22"43'18# WEST FOR 574.92 FEET; THENCE RUN SOUTH 88"12'28# W~ST FOR 265.99 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 88"12'28' WEST FOR 634.70 FEET; THENCE RUN NORTH 2"37'40' WEST FOR 25.00 FEET; THENCE RUN NORTH 88~12'28" EAST FOR 634.57 FEET; THENCE RUN .SOUTH 2"55'32" EAST FOR 25.00 FEET TO THE POINT OF BEGINNING; CONTAINING 0.36 ACRES, MORE OR LESS. Broward County Dade County ~Colu~bia Aventura ___~., 1 H°s pitacI eanntde rMedical SUBJECT PROPERTY Aventura Lakes EXHIBIT #2 [ ZONING § 33-151 '~ (g) Supp. No. 16 wine is sold, given away or consumed on the premises and where music or other entertainment is permitted or provided for the guests of said hotel or motel only, which place of business is duly licensed as a "cabaret", shall make no sales of such alco- holic beverages except between the hours of 8:00 a.m. and 3:00 a.m. on the following day on weekdays and shall make no sale of said alcoholic beverages on Sundays except between the hours of 5:00 p.m. and 3:00 a.m. on the following Monday. Restaurants. Vendors holding a license from the State beverage department for the sale of alcoholic beverages for consumption on the premises in restaurants, which are restricted by the zoning regulations to mak- ing such sales with the service of food only, shall make no sales of such alcoholic bev- erages on weekdays except between the hours of 8:00 a.m. and 1:00 a.m. on the following day, and shall make no sales of beer on Sundays except between the hours of 10:00 a.m. and 1:00 a.m. on the following Monday; and shall make no sales of other alcoholic beverages on Sundays except be- tween the hours of 1:00 p.m. and 1:00 a.m. on the following Monday. Sales of alcoholic beverages for consumption off the premises shall not be permitted. Vendors in restau- rants located in a proper business zone and conforming to the zoning regulations per- mitting unrestricted sales only during the times permitted under subsection (h) hereof. Bars and cocktail lounges. Vendors having a license from the State beverage depart- ment for the sale of alcoholic beverages for consumption on the premises in those bars and cocktail lounges that are not restricted by the zoning regulations to guests only, or to service with food, or the like, shall make no sales of such alcoholic beverages on weekdays except between the hours of 8:00 a.m. and 1:00 a.m. of the following day; and shall make no sales of beer on Sundays except between the hours of 10:00 a.m. and 1:00 a.m. of the following Monday; and shall make no sales of any other alcoholic beverages on Sunday except between the 5235 (i) hours of 5:00 p.m. and 1:00 a.m. of the fonowing Monday;, sales of beer for consump- tion off the premises shall not be made on weekdays except between the hours of 8:00 a.m. and 1:00 a.m. of the fonowing day;, and shall not be made on Sundays except be- tween the hours of 10:00 a.m. and 1:00 a.m. of the following Monday. Sale of other alco- holic beverages for consumption off the premises shall not be made on weekdays except between the hours of 8:00 a.m. and 10:00 p.m.; and shall not be made on Sun- days. Night clubs. For the purpose of this section, the term "night club" is defined as any place of business located within any build- ing or establishment under one (1) roof and on one (1) fleer, wherein entertainment or music or both are regularly supplied, and providing meals and refreshments pre- pared on the premises, and having a seat- lng capacity of not less than forty (40) people at tables; having an aggregate floor space of not less than two thousand two hundred (2,200) square feet; and providing a dance floor cont~nlng not less than three hundred eight (308) square feet, such floor space provided for dancing to be free from chairs, tables or other obstructions at all ~imes. Upon written application to the Board of County Commissioners and upon paying of the Board of County Commissioners the sum of five hundred dollars ($500.00), any person holding a license under the State beverage department for sale of alcoholic beverages on the premises, and which place of business so conducted by such vendor classified as a night club, as above defined, shall be issued a special permit to operate as a night club. Such special permit shall be paid for on or before the first of October and shall expire the first of the succeeding October; provided that any person begin- ning business after the first of Octeber may obtain a special permit upon the payment of the nnnual fee of five hundred dollars ($500.00), and such permit shall expire on the first of the succeeding October; pre. vided further that any person be~nnlng such business on or after the first of April of EXHIBIT #3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA GRANTING SPECIAL EXCEPTION APPROVAL FOR PROPERTY LOCATED ON THE EAST SIDE OF BISCAYNE BOULEVARD BETWEEN NE 210 STREET AND NE 213 STREET TO PERMIT A SECOND COCKTAIL LOUNGE IN A RESTAURANT WITHIN A SHOPPING CENTER WHERE ONE (1) COCKTAIL LOUNGE WITHIN A RESTAURANT IS ALLOWED IN A SHOPPING CENTER AND, WHICH SECOND RESTAURANT IS LOCATED WITHIN 500 FEET OF A PLACE OF WORSHIP; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Aventura recognizes Resolution Z-86-95, passed and adopted by the Board of County Commissioners on the 8th day of June, 1995; and further modified by Resolution Z-189-95, passed and adopted by the Board of County Commissioners on the 19th day of December, 1995; and further modified by Resolution Z-29-96, passed and adopted by the Board of County Commissioners on the 8t~ day of February, 1996; and an Amended Declaration of Restrictions as recorded in the Official Records of Dade County at Book 17147, Page 0898 through 0918; and WHEREAS, the property described herein is zoned BU-2, Special Business District; and WHEREAS, the Applicant, Aventura Commons Associates, Ltd. is requesting a Special Exception to permit a second cocktail lounge in a restaurant within a shopping center where one (1) cocktail lounge within a restaurant is allowed in a shopping center and, which second restaurant is located within 500 feet of a place of worship for that certain property east of Biscayne Boulevard between NE 210 Street and NE 213 Street in Aventura, Florida as legally described on Exhibit A attached hereto; and WHEREAS, the Community Development Department recommends approval of these requests subject to conditions; and Resolution No. Page 2 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 No. 01-SE-97 for a Special Exception approval to permit a second cocktail lounge in a restaurant within a shopping center where one (1) cocktail lounge within a restaurant is allowed in a shopping center and, which second restaurant is located within 500 feet of a place of worship on property legally described as: See Exhibit A for the legal description of the subject property AKA Aventura Commons, east side of Biscayne Boulevard between NE 210 and NE 213 Streets is hereby granted subject to each of the following conditions: STANDARD CONDITIONS 1. Applicant shall submit the final building plans within 12 months of the date of this Resolution or the special exception approval granted shall be deemed null and void and the applicant shall be required to reinstate the special exception review process unless the term is extended by the City Council prior to its expiration. Resolution No. Page 3 PROJECT SPECIFIC CONDITIONS 1. Applicant shall conform to all requirements per Article X. Alcoholic Beverages of the Dade County Code, and more specifically Sec. 33-151 (g) and Sec. 33-151 (h). (See Exhibit #3 for those requirements). 2. The bar shall not be advertised on any restaurant or shopping center signage, unless the bar or lounge is part of a national or regional tenant's name. 3. Alcohol shall not be sold for off-premise consumption. 4. The bar shall not have its own separate entrance from the outside. 5. The outparcel's primary use shall remain a restaurant use. 6. The operating hours for the bar shall not extend beyond those for the restaurant. Section 2. That in the approval of the Special Exception, the same be substantially in accordance with that submitted for the hearing entitled "Specific Purpose Survey - Liquor Survey," as prepared by Louis R. Campanile, Jr., P.E., P.L.S., signed and sealed dated 1/7/97. Section 3. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section4. This Resolution shall become effective immediately adoption. The foregoing Resolution was offered by Councilmember moved its adoption. The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Councilmember Jay R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg upon its , and Resolution No. Page 4 Councilmember Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED this day of ,1997. AFrEST: ARTHUR I. SNYDER, MAYOR 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 CITY OF AVENTURA OFFICE OFTHECITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council ty~~I Eric M. Soroka, Ci April 29, 1997 Presentation Regarding FDOT Creating Non-Conforming Uses June 3, 1997 City Council Meeting Agenda Item In March, at a Workshop meeting, we discussed the issues regarding the creation of non-conforming uses by FDOT. As you are aware, in order to construct the Biscayne Boulevard Widening Project, FDOT will be "taking" land and relocating signs. In several cases, the results of their action would create non-conforming uses that would be in violation of the Dade County Zoning Regulations. FDOT made an inquiry as to what the City's policy would be regarding non-conforming uses. The City Council, at the Workshop meeting, requested that FDOT compile a repod outlining all the properties and issues in the City that would be affected by the widening. FDOT has requested to appear befOre the City Council to provide the information requested and to discuss the City's policy regarding non-conforming uses. I have scheduled this matter immediately following the zoning matters that will begin at 6:00 p.m. A preliminary agenda of their discussion is attached. If you have any questions, please fee free to contact me. EMS/aca Attachment CC0303-97 MAY-29-~97 14:21 ID: · :11.15 ~593 P02/02 SUMMARY OF DOT PRESENTATION 1. General and brief update regarding overall Biscayne Boulevard project with respect to the Biscayne V, Biscayne VI, and Biscayne VII phases. Presentation regarding nonconformities on a pared by parcel basis, including Existing nonconformities Nonconformities created by the road widening in the after condition absent the implementation of a cure R. emaming nonconformitie~ after implementation of a sample proposed cure This segment will include discussion of relevant and affected properties within the City of Aventura ~om just west of Miami Gardens Drive to 209th Street. 3. Discussion of proposed ordinances to alleviate hardship to property owners and excessive cost to taxpayers. Proposals include discussion of Allowing DOT to have standing to present cure and obtain approval of proposed cures and proposed site plans for redevelopment of the remainder Implementation of standards for granting of variances in the eminent domain context, including parameters for handling on an administrative basis. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council t~' Eric M. Soroka, Ci March 12, 1997 ~, Policy Regarding FDOT Created Non-Conforming Uses In order to construct the Biscayne Boulevard Widening Project, FDOT will be "taking" land and relocating signs. In several cases, the results of their action would create non- conforming uses that would be in violation of the Dade County Zoning Regulations. In many cases, the setback requirements and signage locations for businesses would become non-conforming uses. Councilmember, Jeffrey Perlow, brought this matter to our attention at a previous workshop. FDOT has made an inquiry as to what the City's policy would be regarding non-conforming uses. I have attached the portion of the Dade County Code (Section 33-35) regarding this topic. However, the section does specifically address the Biscayne Boulevard situation (i.e., setbacks, parking signage). The City Council has two options they may want to consider to address this situation as follows: 1. Adopt a zoning code amendment that would legalize non-conforming uses similar to the provision continued in Section 1101.2 of the Miami Beach Code (see attached). 2. Require all non-conforming uses to obtain a variance from the City Council on a case-by-case basis. This matter will be discussed at the March 15, 1997 Workshop. Attachment EMS/aca CCO254-97 ZONING § 33-35 building, structure, improvement or premises le- gally existing in the respective districts at the time this chapter becomes effective; provided, however, that if any such existing lawful use is changed to a different use after the date of the adoption of this chapter* such different use shall conform to the provisions of this chapter regular- ing the particular district in which said premises are situated. (b) If any legally existing use or occupancy of a building or premises conflicts with any require- ment of this chapter or any of its amendments, such building shall not be moved, structurally altered or added to, except after approval after public hearing. (c) All future buildings, structures, repairs, al- terations or other improvements shall comply with all district requirements contained herein and such structural provisions of the building code and other regulations as have been incorpo- rated herein and made a part hereof, including any building on which construction was sus- pended at the time this chapter* was adopted and any building for which foundations were not com- pleted at said time. (d) If, after the adoption of this chapter* the aggregate cost of the repairs or alterations, dur- ing the ensuing ten-year period, exceeds ffl~y (50) percent of its current value, any building not conforming in use and occupancy with the provi- sions of this chapter shall be arranged or altered to conform as to use and occupancy with the requirements of this chapter and its subsequent amendments; provided, however, that this para- graph shall apply only to such buildings as were so used or occupied legally prior to August 2, 1938. (Ord. No. 57-19, § 34, 10-22-57) Sec. 33-35. Nonconforming uses. (a) A nonconforming use shall not be extended in any direction nor shah such use be replaced by another use not specifically permitted in the dis- trict concerned. *Editor's note--4)rd. No. 57-19, from which this chapter is derived was enacted on October 22, 1957. (b) No building or premises wherein or whereon a nonconforming use is discontinued for a period of at least six (6) months, or is superseded by a use permitted under the provisions of this chapter in the district in which said building or premises are situated, shall again be devoted to any use prohibited by this chapter in the district. (c) Any building which does not conform in use, occupancy or construction, or in some other way, with the provisions of this chapter (said structure, use of occupancy having existed prior to the adoption of these regulations) which becomes damaged as to roof and/or structure to an extent of fifty (50) percent or more of its reasonable market value at the time, by fire, flood, explosion, wind, war, riot or any other act of God or man, shall not be reconstructed or used or occupied as before said damage, but, if damage to an extent of less than fifty (50) percent of the reasonable market value at the time of the damage, the building may be reconstructed or used as before, provided such reconstruction is completed or such use is started within six (6) months of the date of such damage. (d) When a nonconforming building is vacated, the Director may attach, or have attached, a notice to the effect that new occupancy shall require conformance to this chapter, but the ab- sence of such notice shall not relieve the owner of full compliance with this chapter. ~/~ (e) Where any premises, whereon a building containing a nonconforming use is located, is partially acquired by an official public body for a public purpose, the use shall be permitted to continue on remaining portion of the premises under the following conditions: (1) Where part of the structure is taken, an amount equal to that portion required may be added to the remaining structure. (2) If the entire structure is acquired, a new structure may be erected on the rem~inlng portion of the premises, if such premises conform to the requirements of this chap- ter, providing said new structure does not exceed in size the original structure that was taken. Supp. No. 16 5151 § 33-35 DADE COUNTY CODE · (3) If such existing structure does not warrant remodeling or relocating, then a new struc- ture may be erected on the remaining por- tion of the premises, providing the same does not exceed in size the original struc- ture and providing that the new structure can be erected on the site in accordance with applicable zoning regulations. (4) If the existing structure is such that it can be relocated on the portion of premises remaining, then the same can be relocated providing it complies with applicable zon- ing and building regulations. (5) Where a new structure is erected for sev- eral uses and it is desired to reestablish a nonconforming use, the same shall be per- mitted providing the area to be devoted to the nonconforming use shall not exceed the original area devoted to the nonconforming use. (D In the event a nonconforming use is created by resolution pursuant to an application filed by the Director, an application requesting a nonuse variance or special exception pursuant to Section 33-304 of the Code which furthers the original purpose and intent of the nonconforming use may be filed at no fee to the applicant. The application fried under this subsection must be filed within twelve (12) months of the date the zoning resolu- tion is transmitted to the Clerk of the Commis- sion and shall only apply to those nonuse vari- ances and special exceptions which are necessitated by a change of zoning and that would not have been required under the prior zoning district. (Ord. No. 57-19, § 35, 10-22-57; Ord. No. 79-54, § 1, 7-3-79; Ord. No. 95-215, § 1, 12-5-95) Cross reference~Definition of nonconforming use, § 33- 1(76). Sec. 33-35.1. Hurricane relief regarding ex- isting and nonconforming res- idential uses. Notwithstanding any other provisions of Chap- ter 33 to the contrary, including but not limited to Sections 33-34 and 33-35, all legal, nonconform- lng residential uses and legal existing residential uses (including but not limited to mobile homes and manufactured housing) which exiSted on Au- gust 23, 1992, shall be permitted to rebuild in compliance with all plans approved and of record as of August 23, 1992 or in accordance with any use and number of units permitted by a certificate of occupancy then in existence. It is provided however that no structure or portion thereof shall be rebuilt in a zoned road right-of-way except in a zoned right-of-way adjacent to a five-acre frac- tional line waived by the Director and the Direc- tot of the Public Works Department, prior to August 23, 1992. All rebuilding shall be in com- pliance, and conformity, with all other provisions of the Code of Metropolitan Dade County other than Chapter 33. All building permits shall be applied for no later than August 30, 1993. The authorization provided in this section shall termi- nate on August 31, 1993. (Ord. No. 92-143, § 1, 11~17-92; Ord. No. 95-215, § 1, 12-5-95) Sec. 33-36. Variances and conditional per- mits. The Director, as herein provided, shall have the power to grant variances in the application of any provision of this chapter, where no adjoining property rights are interfered with, under the conditions stated in this section, and to issue conditional permits therefor for the following pur~ poses. Each conditional permit shall state a time limit for the fulfillment of the condition governing its issue and shall be revokable where said con- ditions are not met, and a reasonable bond may be required to assure fulfillment of such conditions. (a) Pending zoning changes. Use of a lot or lots in any subdivision pending the amendment of district boundaries within said subdivi- sion in accordance with recommendations of the Director, provided a map of such subdivision has been approved by the Di- rector subsequent to the passage of this Code and is duly recorded in the Office of the Clerk of the Circuit Court of Dade County. (b) In GU, Interim District. Use of land in undeveloped sections of the GU Interim District, before placing structures thereon or making other new uses therefor, pro- vided: (1) Such uses are consistent with and not in contravention with the require- Supp. No. 16 5152 ZONING ARTICLE IL NONCONFOI%M[ITIES Sec. 1101. Intent; general definition- 1101.1. Norwonformi~ies crea/ed The fo~o~-~ s~ be defin~ as ~n~O~ for the p~ o(th~ o~; ~) U~ of fronds, wa~r or $~c~es, or lan~ °r wa~ in ~m~°n ~th s~s; la~ ~fore p~s~e or ~nt of th~ o~in~, bu~ whi~ wo~d ~ p~hibi~ ~- llOIJ. Non~afo~s cr~ ~p~l~ ~i~ or ~t o~en ~o~ no~nfo~ ~nt of Zhis zo~ng ~ th.t no~O~es 419 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Council ty~ag r Eric M. Soroka, Ci Jaye M. Epstein, AIC~or of Community Development May 29, 1997 Request of Trafalgar Associates of Aventura, Ltd. For a modification of a previous agreement to permit a reduction of the conservation area in order to increase open space of residential area. June 3, 1997 City Council Meeting Agenda Item THE REQUEST The applicant, Trafalgar Associates of Aventura, Ltd., (Trafalgar) is the owner of a property commonly known as Aventura Lakes. The general location of this property is shown on the location map attached as Exhibit "A". Trafalgar is requesting a modification of the Declaration of Restrictions that was recorded in the Public Records of Dade County (Book 17128 Page 0521) in February, 1996. Copy attached as Exhibit "B". Events which are described later in this memo, have led to a need to modify three (3) components of the Declaration of Restrictions: Exhibit "A" as referenced on Page 1, Line 4 of the original Declaration of Restrictions needs to be replaced with the revised legal description for the "Residential Land" as attached to this report as Exhibit "C" Page 6, Number 8, Line 1: Change 33.79 acres to 32.614 acres. Exhibit "B" as referenced on Page 6, Number 8, Line 5 and included in the original Declaration of Restrictions needs to be replaced with the revised legal description for the "Conservation Parcel" as attached to this report as Exhibit "D". RECOMMENDATION It is recommended that the request for a Modification of Declaration of Restrictions be granted. BACKGROUND OWNER OFPROPERTY ADDRESS OFPROPERTY SIZE OF PROPERTY LEGAL DESCRIPTION EXISTING ZONING FUTURE LAND USE DESIGNATION Trafalgar Associates of Aventura, Ltd. lying between NE 30 Avenue and NE 34 Avenue between NE 207 Street and NE 213 Street (See Exhibit "A" for Location Map) Approximately 97 acres Lengthy legal - See Exhibits "C" and "D" PAD, Planned Area Development District Medium Density Residential and Medium-High Density Residential Zoning - The subject property is zoned PAD, Planned Area Development District. The properties to the north are zoned RU-2, Two-Family Residential District and GU, Interim District. The properties to the east are zoned RU-4, High Density Apartment House District and the properties to the south are zoned RU-4A, Hotel Apartment House District. The properties to the west are zoned BU-2, Special Business District; RU-2, Two-Family Residential District; and OPD, Office Park District. 2 Existing Land Use - The subject property, known as Aventura Lakes, is currently vacant land, proposed to be developed as 485 Single FamiiyFFownhouse units and the east end of the property is to be retained as a Conservation Area. The property to the north is the southerly portion of Gulfstream Racetrack. The properties to the west are the proposed Aventura Commons shopping center, the Chabad House of North Dade and the Aventura Corporate Center. The property to the east is the Waterways development. Future Land Use - The subject property is currently designated Medium Density Residential and Medium-High Density Residential according to the Adopted 2000 and 2010 Land Use Plan for Metro-Dade County, Florida. The properties to the west are designated Business and Office. The properties to the south are designated Medium- High Density and the properties to the north and east are designated Medium Density. The Site - The subject site, is located on the north side of NE 207 Street between the unimproved NE 30 Avenue and NE 34 Avenue. The property is a roughly rectangular shaped piece of land approximately 2200 feet by 2000 feet and is approximately 97 acres in size. (See Exhibit "A" for a location map). The Project - The site is the location of the proposed Aventura Lakes development. Trafalgar Associates of Aventura, Ltd. originally received approval through Dade County for this development. As part of that approval, the applicant was required to record a Declaration of Restrictions which is the subject of the requested actions. ANALYSIS Consistency with Comprehensive Master Plan - The request is consistent with the Dade County Comprehensive Master Plan. Review by Other Agencies: DERM - The removal of mangroves for the construction of a wooden bulkhead, located along the western portion of the existing lake at Aventura Lakes, was permitted under Class I Permit CC95-261. U.S. Army Corps of En,qineers - Reviewed, modified, and ultimately permitted the alterations to the Conservation Parcel. Community Development Department Analysis - Background On August 20, 1984, a dredge and fill permit was approved by the Dade County Commission for the former property owner, N. V. Munchen Corporation. The permit included a plan which delineated the "Residential Land" and the "Conservation Parcel." The Conservation Parcel included 33.79 acres. As part of the mitigation plan, fifteen (15) of these acres were to be established and maintained as a permanent mangrove habitat. It is important to note that the plan was also approved by the Department of Environmental Resources Management (DERM) and the U.S. Army Corps of Engineers. In 1984, at the time of the issuance of the original permits, the limits drawn for the western bank of the Conservation Parcel were an approximation based upon a site plan for the Residential Development. It must be understood that the line was not based upon an actual survey of the shoreline. Each of the agencies involved in permitting accepted this approximation of the shoreline. In 1996, after approximately ten years of inactivity, the succeeding owner, Trafalgar Associates, reactivated the development process. Trafalgar brought forth a site plan and a Declaration of Restrictions for a residential development which was approved by the Dade County Commission. The approximate delineation of the shoreline, mentioned above, was formalized through site plan approval and reflected in the recorded Declaration of Restrictions. It is worth noting that in the Summer of 1996, Trafalgar obtained a permit from Dade County to bulkhead the shoreline between the Conservation Parcel and the proposed Residential Land. In order to bulkhead the shoreline, approximately one (1) acre of new mangroves had to be removed along the western (residential) shoreline. The existence of these mangroves was a direct result of seeds blown across the lake from the 15 acres of mangrove mitigation required of the previous owner in 1984. In order to mitigate for this one acre of mangroves, that unexpectedly grew along the western (residential) shoreline, Trafalger was required to establish 2 acres within Highland Oaks Park. 4 The bulkhead was constructed in accordance with all applicable permits, including DERM and the U.S. Army Corps of Engineers (Exhibit "E"). The location of the bulkhead differs from the location anticipated by the previously approved site plan, and therefore the previously recorded legal descriptions. As stated earlier in this report, the previously recorded legal descriptions for the Residential Land and the Conservation Parcel were based upon an approximation of these boundaries. However, the County and Trafalgar agreed to record these legal descriptions formalizing an exact and precise location of this boundary. It was more likely than not, that due to the inexact basis for the recorded legal descriptions, modification at some future date would become necessary. It is for this purpose that this item is before the City Council. In light of the above sequence of events, the Community Development Department supports Trafalgar's request. Throughout this project Trafalgar obtained all necessary approvals from the appropriate agencies. Now, it is only a matter of having the recorded documents reflect what has already been constructed and found acceptable by the appropriate County and Federal agencies. Citizen Comments Exhibit "F" includes written citizen comments which have been received by the Community Development Department. Additionally, a few citizens have also phoned to express their opposition to this request. CONDITIONS It is recommended that the request for a modification of the legal descriptions in the Declaration of Restrictions be granted subject to the following conditions: STANDARD CONDITIONS 1. Applicant shall pay all costs associated with having the City record all necessary documents in the Public Records of Dade County. 2. Said recordation shall take place prior to the issuance of any building permits for the lands associated with this application. /staff repods/01 -MRC-96 060397 5 EXHIBIT "A" LOCATION MAP BROWARD COUNTY THIS~: ~.T.~. EXHIBIT #2 EXHIBIT "B" DECLARATION OF RESTRICTIONS '( t Prepared by: Jeffrey Bercow, Esq. Stroock & Stroock & Lavan 200 S. Biscayne Blvd., Suite Miami, FL 33131-2385 3300 96R 109 168 1996 I~AR 14 11:¢8. DECLARATION OF RESTRICTIONS KNOW ALL MEN BY THESE PRESENTS that the undersigned, being the owner, or having some right, title or interest in the following property, lying, being and situated in Dade County, Florida, described in Exhibit "A" attached hereto and made a part hereof ("Property"); and WHEREAS, the Owner has filed said application for a Planned Area Development district ("PAD") under Article XXXIIID of the Code of Metropolitan Dade County, Florida ("Code") and which was approved by the Board of County Commissioners on February 8, 1996; and WHEREAS, Section 33-284.26(B)(1)(a) of the Code requires that the Owner submit a recordable agreement to the County guaranteeing that if the Property ~hall be developed, it shall be developed in accordance with promises made in certain written and graphic documents; and WHEREAS, the Owner desires to provide the County with such a recordable agreement guaranteeing that if the Property is deve- loped, the development of the Property will be in accordance with said promises. NOW, THEREFORE, the Owner freely, voluntarily and without duress makes the following Declaration of Restrictive Covenants covering and running with the above-described real property: 1. DeveloDment Plan. The Owner agrees to develop the Property substantially in accordance with the plans and documents entitled "Aventura Lakes" prepared by CCL Consultants, Inc. consisting of 4 sheets dated sealed January 4, 1996 and 4 sheets dated sealed December 28, 1995; a survey prepared by CCL Consultants, Inc. dated June 7, 1995; "Aventura Lakes" prepared by ~_rval Design Group dated stamped received January 5, 1996 by the Department of Planning, Development and Regulation consisting of 14 sheets and plans dated sealed February 6, 1996 consisting of 19 sheets; and a landscape plan entitled "Conceptual Landscape Site Plan" prepared by The L.A. Group Inc. consisting of 10 sheets dated stamped received January 5, 1996. All of the foregoing plans and documents are made a part of this Declaration by referenceoinder and are herein referred to collectively as the "Site Plan". The Site Plan has been submitted to the County and includes the following documents: a. Site Plan, including traffic and pedestrian circulation plans; b. Building plans and elevations; c. Legal descriptions of development tract; and d. Architectural renderings. -2- No modification of the Site Plan, substantial or otherwise, shall entitle any subsequent owner of any platted lot or other portion of the Property to any cause of action to enforce development of the Property or any portion thereof in accordance with the Site Plan, provided such modification has been properly approved by an appropriate Dade County official or Board, as the situation requires. 2. Number of Units. The total number of residential dwelling units on the Property shall not exceed Four Hundred Eighty Five (485). 3. Cooperation with County. The Owner agrees to cooperate with the Dade County Fire Department and Dade County Police Department, as well as with any other departments of the County as appropriate, to arrive at acceptable emergency access routes, building directories and maps, building numbering, and signage. 4. Streets and Infrastructure Maintenance..The Owner agrees to install private roads, pedestrian walkways, water, sewer and drainage facilities, fire hydrants, and similar improvements subject to approval by the appropriate departments of the County. Open space and common facilities shall be maintained by means of a homeowners association, property owners association, or similar organization(s). The Owner covenants and assures that all areas within the Property shall be accessible to residents of other areas of the Property, their guests and invitees,/~via pedestrian and vehicular routes. -3- 5. Road Improvements: (a) The Owner agrees a future six-lane road) of N.E. to construct three (3) lanes 213th Street adjacent (of to the provides Public Property, unless the property owner to the north also right-of-way for N.E. 213th Street, in which case the Works Department may, pursuant to Resolution No. Z-86-95 adopted June 8, 1995 by the Metropolitan Dade County Board of County Commissioners, only require construction of N.E. 213th Street as a four (4) lane road (two lanes on each side of the center line). A Class I permit will be required for the construction of any portion of N.E. 213th Street which includes jurisdictional coastal wetlands. (b) The Owner shall construct the road right-of-way for N.E. 213 Street adjacent to the Property and extend such roadway west to Biscayne Boulevard prior to the issuance of any certificate of occupancy for that portion of the Property lying north of a theoretical line running along N.E. 210 Street west to east from N.E. 30 Avenue to N.E. 34 Avenue. If Tracts "A" and "B" of Campanile Acres, "Commercial Property"), Dade County Tentative Plat No. 19192 (the have been developed prior to development the owner of the Commercial Property has of the Property, and if built N.E. 213 Street adjacent to the Commercial Property as required by Dade County Resolution. Z-86-95, then the Owner shall construct the road right-of-way for N.E. 213 Street adjacent to the Property and extend such roadway west to the eastern extent -4- OFF. of N.E. 213 Street adjacent to the Commercial Property. At that time, the owner of the Property shall submit to the Public Works Department for its review and approval a schedule for completion of the remainder of N.E. 213 Street to the east to N.E. 34 Avenue/Yacht Club Drive. 6. Pedestrian and Vehicular Access. Owner agrees to provide permanent and safe access for pedestrian and vehicular traffic within the development at all times. Access shall also be provided at all times to fire, police, health, sanitation and other public service personnel and vehicles. Furthermore, all streets, or accessways, shall be installed and maintained by the owner including, but not limited to, sidewalks, drainage facilities, water, sewers and fire hydrants, meeting with the approval of the Director of the Department of Planning, Development and Regulation, and the Director of the Public Works Department. 7. Interests of Owner. in the ownership, operation, control or maintenance of the elements and recreational facilities shall ultimately pass of all liens and encumbrances to a homeowners association, con- dominium owners association, property owners association, club equity membership organization or similar organization(s), or to the condominium unit owners as an appurtenance to their units. 8. Conservation Protection Area. The Owner agrees that the parcel designated as a "conservation area" on the Site Plan, Any and all interests of the Owner common free -5- REC. consisting of approximately 33.79 acres (the "Conservation Parcel"), shall not be filled, altered or developed without the approval of the Dade County Department of Environmental Resources Management (DERM). A legal description of the Conservation Parcel is attached hereto as Exhibit "B". Alteration or trimming of mangroves pursuant to the Mangrove Trimming and Preservation Act §~403.9321-403.9333, F.S. around the perimeter of the lake that were not included as part of the original mitigation plan may occur only if prior written authorization from Dade County DERM is obtained. The Conservation Parcel shall be maintained and preserved in perpetuity by the Owner or Owners of the Property as a conservation area pursuant to the terms of that certain Coastal or Wetland Construction Permit No. CC301, issued by Metropolitan Dade County, Department of Environmental Resources Management and dated August 20, 1984. The Owner shall maintain the existing flushing culverts connected to the tidally influenced lake on the Conservation Parcel such that the maximum hydraulic capacity is maintained at all times. The Owner or Owners of the Property may assign the obligation and responsibility to maintain and preserve the Conservation Parcel as a conservation area to properly constituted homeowners associations or condominium owners associations. 9. Development Criteria. Owner agrees that the Property will be developed with four types of residential units: Type A; Type B; ~e C; and Type D. The portions of the Property in -6- g:l 1 SrrO ~hich each t~r~e of residential unlt will be located are set forth in Exhibit "C"; Exhibit "D"; Exhibit "E"; and Exhibit "F" attached hereto. These types of residential units will be constructed according to the development criteria set forth below: Type A. Type A units will have 3-4 bedrooms, each unit will have a maximum of 3,000 square feet of habitable space and a minimum of 1,400 square feet of habitable space with a maximum 60 percent lot coverage. The maximum height of each unit will be approximately 35 feet (3 stories). The front setback will be approximately 19 feet, side setback approximately 6 feet and rear building setback approximately 10 feet. Each unit will have a 2 car garage and 2 additional open air parking spaces. Type B. Type B units will have 3-4 bedrooms, each unit will have a maximum of 3,500 square feet of habitable space and a minimum of 1,500 square feet of habitable space with a maximum 80 percent lot coverage. The maximum height of each unit will be approximately 35 feet (3 stories). These units will be attached and will have a front setback of approximately 19 feet and a rear building setback of approximately 10 feet. Each unit will have a 2 car garage and 2 additional open air parking spaces. Type C. Type C units will have 3-4 bedrooms, each unit will have a maximum of 3,500 square feet of habitable space and a minimum of 1,700 square feet of habitable space with a maximum 60 percent lot coverage. The maximum height of each unit will be -7- approximately 35 feet (3 stories). The front setback will be approximately 19 feet, side setback approximately 6 feet and rear building setback approximately 10 feet. Each unit will have a 2 car garage and 2 additional open air parking spaces. TyDe D. Type D units will have 3-4 bedrooms, each unit will have a maximum of 2,500 square feet of habitable space and a minimum of 1,200 square feet of habitable space with a maximum 70 percent lot coverage. The maximum height of each unit will be approximately 30 feet (2 stories). These units will be attached and will have a front setback of approximately 19 feet and a rear building setback of approximately 10 feet. Each unit will have a 1 car garage and 2 additional open parking spaces. 10. Maintenance of'Open Space. The Owner agrees that the areas shown on the Plans as common open space and common facilities including private roads will be conveyed to and maintained by a condominium association(s), homeowner's/property owner's association(s), master property owner's association, private not-for-profit corporation(s) or other similar association(s) or organizational(s) formed for such purposes. 11. Accessory Buildinqs/Parkinq. (a) No accessory buildings, as that term is defined in Section 33-1(1) of the Code of Metropolitan Dade County, will be permitted on the Property. However, screened enclosures may be permitted subject to design criteria to be developed by the Owner or the homeowner's associatiqn. Each screened enclosures shall comply with the side -8- street setback requirements for its particular unit as described in Paragraph 9 and have a minimum 5 foot rear setback. (b) No pools will be permitted for individual dwelling units. However, nothing set forth herein will prohibit the construction, operation and maintenance of the three (3) swimming pools shown on the Site Plan and intended for use of the residents of units to be constructed on the Property. (c) A total of .25 guest parking spaces per unit in addition to the parking spaces provided for each type of unit as described in paragraph 9 above, will be provided throughout the entire project. 12. Development Schedule. The Property is being developed as one development tract pursuant to Section 33-284.26(C)(2) of the Dade County Code and thus, the project constitutes a single- phase development project. Recognizing that construction of a Planned Area Development, including a single development tract single-phase development must be constructed in stages pursuant to Section 33-284.26(B)(1)(c) of the Dade County Code, the Owner expects to initiate construction of infrastructure and improvements on the Property in accordance with the approximate dates set forth in the Development Schedule attached as Exhibit "G" to this Declaration. 13. Contamination Assessment Report and Remedial Action Plan. The Contamination Assessment Report and Remedial Action Plan (CAR/RAP) approval for the Property granted by DERM on July -9- 2~, ~995, and ~h±ch is attached hereto as Attachment 1, shall ~e implemented in accordance with the time ~rames specie±ed therein, a. Contamination Reports. A three year quarterly monitoring program for ammonia nitrogen shall be implemented in accordance with the approved CAR/RAP as referenced hereinabove. The Owner of the Property or a successor association pursuant to paragraph 7 above, together with the owner of the Commercial Property, 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. b. Wells. All wells required for the monitoring program referenced hereinabove shall be properly maintained and made accessible for sampling by DERM and representatives of the 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. c. Aeration Trenches. 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. d. Protection of Aquatic Orqanisms. In the event that the ammonia nitrogen levels in the lake located in the Conservation Parcel 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 -10- during the I Landfill. disposal. b. implemented. The Owner of the Property shall have responsibility for implementation of the contingency plan referenced herein. 14. Residential Lakes. With regard to each of the proposed lakes depicted on the Site Plan, Owner agrees as follows: a. Any subsurface solid waste which is excavated lake excavation process will be disposed of at a Class DERM will be provided receipts to document proper Except as provided in paragraph 14.e. below, a limited surface water monitoring program will be conducted in each of the proposed lakes. Ammonia nitrogen and dissolved oxygen will be sampled at surface, mid-depth, and bottom locations at a minimum of two locations in each of the proposed lakes for at least one year after completion of each such lake. Chloride levels shall be sampled at -10' NGVD on a quarterly basis for one year after completion of excavation for each of the lakes. DERM shall be notified at least 48 hours in advance of the collection of surface water samples. c. For each lake, should the surface water monitoring program reveal that ammonia nitrogen levels in the proposed lakes are in excess of the County surface water standard or if they exceed natural background levels (to be determined with the concurrence of DERM), whichever is greater, a surface water aeration system will be designed and installed to enhance the breakdown of the ammonia nitrogen. This system may include -11- surface fountains and/or sub-surface aeration systems as approved by DERM. d. If any temporary nuisance odor conditions result from the excavation of the proposed lakes or from the operation of the aeration systems (if required); Owner will take reasonable and appropriate temporary remedial action until the nuisance odor is abated. Dade County and any of its agents shall be held harmless should there be any temporary nuisance odor conditions arising from the excavation of the proposed lakes or from the operation of the aeration systems (if required). e. In lieu of conducting the limited surface water monitoring program described in paragraph 14.b. above, Owner may, at his sole discretion, design and install surface fountains and/or sub-surface aeration systems for any or all of the lakes depicted on the Site Plan provided that: (i) the aeration systems must be pre-approved by the Hazardous Waste Section of DERM; (ii) initial baseline monitoring must be performed prior to the installation of the aeration system; and (iii) after the installation of the approved aeration system(s), limited monitoring must be performed as approved by the Hazardous Waste Section of DERM. f. Upon completion of the one year chloride monitoring program described above, if chloride levels have increased beyond those previously measured prior to excavation in -12- I?128t'[0533 the area of the lakes, Owner agrees to: recharge each such lake with freshwater in order to reduce chloride levels by installing a freshwater supply well west of the property near US 1 and pumping the freshwater to each such lake; or take other reasonable corrective action as approved by DERM to recharge each such lake. g. Curtain walls shall be constructed around the perimeter of all residen%ial lakes and the western shoreline of the existing lake in the Conservation Parcel. The curtain walls shall consist of wooden bulkheads that are backfilled with impermeable soils such as muck or marl and shall be designed so as to create an impermeable barrier between the lake and the organic soils that extends below the organic soil layer. h. The depth of each of the new residential lakes shall be -12 feet NGVD. 15. Trees. All trees required for the development of the Property by Chapter 33 of the Dade County Code shall only include native plant species selected from the list attached hereto as Exhibit "H". DERM shall approve the plant species list of the overall landscape plan to insure that no exotic invasive plant species as noted on the attached list attached hereto as Exhibit "I" are planted on the Property. 16. ~roundwater. 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 -13- disposal plans related to the development of the Property shall provide for discharge: (a) below the vadose zone (0-6 feet below the land surface) via gravity or injection wells whereby the stormwater runoff will be discharged to 20' deep (24" diameter) cased wells with weir elevations to be established in coordination with DERM which will permit discharge to the bulkheaded residential lakes via overflow drainage pipes; and (b) to the bulkheaded residential lakes via positive drainage from the green areas of the proposed development. All drainage plans shall be submitted to DERM for review and approval by appropriate sections including Water Control and Hazardous Waste. 17. Solid Waste. If and when solid waste is encountered during excavation of anyparcel 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 (which does not include decomposing organic matter, such as vegetative debris, lumber, or manure, other than naturally occurring soils) must always be used. This will be certified by the resident project engineer. 18. Fill. The Property (except for the Conservation Parcel) will be filled to Dade County Flood Criteria with clean -14- fill (which does not include decomposing organic matter, such as vegetative debris, lumber, or manure, other than naturally occurring soils and which will be certified by the resident project engineer) and will be served by the public water supply. 19. No Permits Until Water/Sewer Contracted For; No C.O. Until Water/Sewer Installed. The Owner voluntarily agrees not to apply for building permits on the subject Property until (a) it has executed a contract with Miami Dade Water and Sewer Department ("MDWASD") for the installation of the water and sewer system to serve the subject Property, and (b) engineering plans for the water and sewer lines have been approved as required by the appropriate agencies. Further, certificates of occupancy shall not be requested until the water and sewer lines have been installed to service the residential units covered by the certificate of occupancy and connection to the lines have been made for those improvements. The foregoing restriction shall not apply to requests for building permits for "dry models", entrance features, fill, walls, lake construction, and other development and preconstruction work. Owner may apply for certificates of occupancy for the guardhouse and the southerly clubhouse prior to installation of the water and sewer lines, provided that it has furnished adequate assurances to MDWASD that it shall connect these improvements when the lines are installed. It is understood that the water and sewer system may be installed on an -15- incremental basis as required for progress of development and the contract with the ~D~ASD may so provide. 20. Unity of Title. The Owner agrees that the Property shall be considered as one plot and parcel of land and that no portion of said plot and parcel of land shall be sold, transferred, devised or signed separately, except in its entirety as one plot or parcel of land. Provided, however, that the Director of the Planning, Development and Regulation Department will execute a release of this Unity of Title requirement when the Property is platted. 21. Buffer Area. The proposed Site Plan provides a landscape buffer along the border of the Property with the Commercial Property. The landscape buffer is being provided to mitigate any visual or other impact generated by each land use. That certain Amended Declaration of Restrictions, recorded in Official Records Book 17042 at page 933, Public Records of Dade County, proffered in connection with the Board of County Commissioners approval of application PH No. 95-342, encumbers the Commercial Property and requires its owner to provide a portion of the landscape buffer. The portion of such landscape buffer to be located on the Property may be penetrated by a private road to the extent indicated on the Site Plan, and shall be subject to the review and approval of the Planning, Development and Regulation Department. -16- 22. Prohibition Aqainst Conversion of Garaqes to Habitable Space. Any garage constructed as part of a dwelling unit on the Property shall only be used as a private garage for the storage of automobiles pursuant to S33-1(49) of the Dade County Code, and for no other purpose. All owners of any residential/dwelling unit to be constructed on the Property are hereby prohibited from converting, or attempting to convert, any garage space to habitable area. Owner hereby agrees to incorporate such prohibition in the appropriate documentation of the homeowners association, condominium owners association, or property owners association, as applicable. 23. Transit Amenities. Prior to the approval of any final plat, the Owner shall make provision for future transit amenities such as pedestrian/wheelchair ramps, bus pull out bays, and when appropriate, some reasonable encroachment on the Property to accommodate concrete pad(s) for bus shelter(s) as recommended by the Metropolitan Dade County Transit Agency ('MDTA" The obligation to provide or dedicate right-of-way for such transit amenities shall be reflected as part of the approval of the plat(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 -17- under this paragraph shall be deemed fulfilled and no further provision of transit amenities or dedication of right-of-way for transit amenities will be required hereunder. 24. County Inspection. As further part of this Declaration, it is hereby understood and agreed that any official inspector of the Dade County Department of Planning, Development and Regulation, 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. 25. Covenant Runninq 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 welfare. 26. ~erm. 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 -18- """ IT ! 87r0539 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. 27. 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 Department of Planning, Development and Regulation, or the executive officer of the successor of such 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. 28. 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 -19- recover, in such sum as services of addition to both. If addition to costs and disbursements allowed by law, the Court may adjudge to be reasonable for the his attorney. This enforcement provision shall be in any other remedies available at law or in equity or 29. Authorization for the Department of Planninq, Development and Requlation to Withhold Permits and Inspections. In the event payments or improvements are not made by the Owner of the Property in accordance with the terms of this Declaration, in addition to any other remedies available, the Dade County Department of Planning, Development and Regulation is hereby authorized to withhold any further permits for the Property, and refuse to make any inspections or grant any approvals for the Property, until such time as this Declaration is complied with. 30. Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one 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. 31. Presumption of Compliance. Where construction has occurred on the Property or any portion thereof, pursuant to a lawful permit 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 -20- 17_8rt0541 presumption that the buildings or structures thus constructed comply with the intent and spirit of this Declaration. 32. Severabilit¥. Invalidation of any one 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. 33. Recordinq. 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. -21- REC. I / ACKNOWLEDGMENT CORPORATE Signed, witnessed, executed and acknowledged on this day of FEB -? ~ , 1996. Witnesses: Ramon R Cacicedo, ,Ir Print Name Nellie Hernandez Print Name TRAFALGAR ASSOCIATES OF AVENTURA, LTD. By its General Partner: TRAFALGAR ASSOCIATESqOF_~ By: Address: 275 Fontainebleau Blvd., Ste 200 Miami, Florida 33172-4574 STATE OF FLORIDA COUNTY OF DADE The foregoing instrument was acknowledged before me this day of FEB -? ~ , 1996 by Gus Hernandez, Vice President of Trafalgar Associates of Florida, Inc., general partner of Trafalgar Associates of Aventura, Ltd., a Florida limited partnership on behalf of. the partnership. He/she is personally known to me or has produced a as identification. My Commission Expires: Title: Commission No. (if any) No. CC21918-1 -22- JOINDER BY MORTC~EE CORPORATION The undersigned City National Bank of Florida, a national banking 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 $11 Million covering all/or a portion of the property described in the foregoing agreement, as modified by that certain Mortgage Spreader Agreement dated the 15th day of December, 1995, and recorded at Official Records Book 17032, Page 81, of the Public Records of Dade County, Florida, 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 7t~ day of Fe~,~r? , 199 & Witnesses: Si. gnature Sl~u~ture /~ Print Name CITY NATIONAL BANK OF FLORIDA Name of Corporation .A~ddress: ~2~SWest Flaqler Street Miami, FL 33130 President { STATE OF F~Oe'~ [*Notes All others require attachment of original corporate resolution of authorization] COUNTY OF ~¢ The foregoinginstrument was acknowledged before me by corporation, on behalf of the corporation. <~she is ~ersonally known to me or has produced ~/Wc as~-- identifica~ion. Witness my signature and official seal this ~k day of Feh~u~q , 199 ~ , in the County and State__aforesaid, the date a~d year last aforesaid. / ~ ~ took an oath ~ ~ ./'~id not take an oath NotarYof ~o~Publi~ate My Commission expires: -23- Print Name °'" IT I~EC. ~XHIBIT A LEGAL DESCRIPTION RESIDENTIAL LAND A portion of Tracts A, B and 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 corner 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 run South 43004'29'' 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 to 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 66°23'13'' 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 01°33'57" West for 112.43 feet; thence run North 88°26'03" East for 1414.07 feet to the Point of Beginning; containing 87.52 acres, more or less. And A portion of Tracts A~ B and 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 corner 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 to a point of curvature; thence run Southeasterly and Southwesterly, along a circular curve to the right haying for its elements a central angle of 33o08'36'. 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 IZ1 0545 IIEC. 'curve to the left 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; thence run South 88o12'28.` West for 299.50 feet; thence run North 22°43'18" 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 06015'29'' and a radius of 4964.09 feet, for an arc distance of 542.20 feet; thence run North 88o26'03'` East for 315.59 feet the Point of Beginning; containing 7.63 acres, more or less. Together with [PORTION OF PROPOSED N.E. 213th STREET RIGHT-OF-WAY] 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 Section 34, Township 51 South, Range 42 East; thence run South l°59'03" 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 88o26'03'' West for 1413.70 feet to the Point of Beginning; thence run South 1°33'57' East for 50.00 feet; thence run South 88o26'03'' West for 315.59 feet; thence run North l°33'57'' West for 50.00 feet; thence run North 88°26'03" East for 315.59 feet to the Point of Beginning; containing 0.36 acres, more or less. Together with [ADDITIONAL PORTION OF PROPOSED N.E. 213th STREET RIGHT-OF-WAY] 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 Section 34, Township 51 South, Range 42 East; thence~run South 1°59'03" East, along the Easterly line of said Section 34, for 659.14 feet; thence run South 88o00'57'` West for 40.00 feet to the Point of Beginning; thence run South l°59"03'` East for 50.00 feet; thence run South 88o26'03'. West for 1414.07 feet; thence run North 1°33'57" West for 50.00 feet; thence run North 88o26'03'. East for 1413.70 feet to the Point of Beginning; containing 1.62 acres, more or less. ~[C. ! ! EXHIBIT B LEGAL DESCRIPTION CONSERVATION PARCEL 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 01059'03" East, along the Easterly line of said Section 34, for 709.14 feet; thence run South 88000'57" Wes~ for 40.00 feet to the Point of Beginning; thence run South 01°59'03" East for 1820.26 feet; thence run South 43004'29'. West for 42.47 feet; thence run South 88o08'00`' West for 745.13 feet; thence run North l°52'00'` West for 94.85 feet; thence run North 1°59'03" 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 71023'39" West for 228.92 feet to a point of curvature; thence run Northwesterly and Northeasterly, along a circular curve to the right having for its elements a central angle of 91o13'39`' and a radius of 150.00 feet, for an arc distance of 238.83 feet to a point of tangency; thence run North 19°50'00" 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 68°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 88o08'00'` 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 90o07'03'' and a radius of 150.00 feet, for an arc distance of 235.93 feet to a point of tangency; thence run North 1°59'03'. West for 403.22 feet; thence run North 1°33'57" West for 84.28 feet; thence run North 88o26'03" East for 474.40 feet to the Point of Beginning; containing 1,471,830 square feet~(33.79 acres), more or less. EXHIBIT "C" AVENTURA LAKES LEGAL DESCRIPTION PRODUCT TYPE A A portion of DONNACRES, 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 Section 34, Township 51 South, Range 42 East; thence run South 1°59'03'' 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 674.20 feet to the Point of Beginning; thence run South 43044'33'' East for 64.30 feet to a point of curvature; thence run Southeasterly and Southwesterly, along a circular curve to the right having for its elements a central angle of 44019'28'' and a radius of 73.50 feet, for an arc distance of 56.86 feet to a point of reverse curvature; thence run Southwesterly and Southeasterly, along a circular curve to the left having for its elements a central angle of 5007'43" and a radius of 3496.50 feet, for an arc distance of 312.98 feet to a point of reverse curvature; thence run Southeasterly and Southwesterly, along a circular curve to the right having for its elements a central angle of 92°40'48" and a radius of 83.50 feet, for an arc distance of 135.07 feet to a point of tangency; thence run South 88°08'00" West for 269.01 feet to a point of curvature; thence run Southwesterly, along a circular curve to the left having for its elements a central angle~ of 40o41'59'' and a radius of 131.50 feet, for an arc distance of 93.41 feet to a point of tangency; thence run South 47~26!01" West for 102.96 feet to a point of curvature; thence run Southwesterly, along a circular curve to the right having for its elements a central angle of 21°26'09" and a radius of 178.50 feet, for an arc distance of 66.78 feet to a point of reverse curvature; thence run Southwesterly, along a circular curve to the left having for its elements a central angle of 49~02'10" and a radius of 81.50 feet, for an arc distance of 69.75 feet to a point of tangency; thence run South 19~50'00" west for 130.54 feet to a point of curvature; thence run Southwesterly, along a circular curve to the right having for its elements a central angle of 38012'03" and a radius of 63.50 feet, for an arc distance of 42.34 feet; thence run South 28048'22'' East for 58.73 feet to a point of curvature; thence run Southeasterly and Southwesterly, along a circular curve to the right having for its elements a central angle of 48"38'23" and a radius of 78.50 feet, for an arc distance of 66.64 feet to a point of tangency; thence run South 19~50'00" West for 45.47 feet; thence run North 82036'23'' West for 166.91 feet; thence run South 76o30'18" West for 150.44 feet; thence run North 83°43'46" West for 158.50 feet; thence run South 36°19'49'' West for 106.72 feet to a point of~curvature; thence run Southwesterly and Southeasterly, along a circular curve to the left having for its elements a central angle of 38011'49'' and a radius of 200.00 feet, for an arc distance of 133.33 feet to a point of tangency; thence run South lO52,00'' East for 674.07 feet; thence run South 88008'00" West for 644.84 feet to a point of curvature; thence run Southwesterly and °"" 17' ! ?_srro 548 RFC. Northwesterly, along a circular curve to the right having for its elements a central angle of 88°56'27'' and a radius of 25.00 feet, for an arc distance of 38.81 feet to a point of tangency; thence run North 2°55'32" West for 893.03 feet; thence run North 88°12'28'' East for 433.73 feet; thence run North 22°43'18'' East for 189.36 feet; thence run South 67°16'42'' East for 192.28 feet; thence run South 53°40'11" East for 115.87 feet; thence run North 63010'53" East for 92.38 feet; thence run North 26028'07'' East for 43.09 feet; thence run North 0°22'25'' West for t17.37 feet; thence run North 34050'47'' East for 175.00 feet; thence run North 6~34'46" East for 110.00 feet; thence run North 40~22'19'' East for 400.30 feet; thence run North 1°33'57'' West for 180.00 feet; thence run North 88~26'03'' East for 610.64 feet to the Point of Beginning; containing 28.958 acres, more or less. EXHIBIT "D" LEGAL DESCRIPTION PRODUCT TYPE B A portion of DONNACRES, 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 Section 34, Township 51 South, Range 42 East; thence run South l°59'03'' 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 474.20 feet to the Point of Beginning; thence run South 1"59'03" East for 487.50 feet to a point of curvature; thence run Southeasterly and Southwesterly, along a circular curve to the right having for its elements a central angle of 90007'03'` and a radius of 150.00 feet, for an arc distance of 235.93 feet to a point of tangency; thence run South 88°08'00'' West for 282.94 feet to a point of curvature; thence run Southwesterly, along a circular curve to the left having for its elements a central angle of 68018'00" and a radius of 150.00 feet, for an arc distance of 178.81 feet to a point of tangency; thence run South 19"50'00" West for 336.95 feet to a point of curvature; thence run Southwesterly and Southeasterly, along a circular curve to the left having for its elements a central angle of 91"13'39" and a radius of 150.00 feet, for an arc distance of 238.83 feet to a point of tangency; thence run South 71"23'39" East for 228.92 feet to a point of curvature; thence run Southeasterly, along a circular curve to the right having for its elements a central angle of 69?24'36" and a radius of 150.00 feet, for an arc distance of 181.71 feet to a point of tangency; thence run South 1"59;03" East for 391.12 feet; thence run South 88008'00'' West for 200.00 feet; thence run North 34"37'34" East for 73.85 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 36"36'37" and a radius of 88.50 feet, for an arc distance of 56.55 feet to a point of tangency; thence run North 1"59'03" West for 240.52 feet to a point of tangency; thence run Northwesterly, along a circular curve to the left having for its elements a central angle of 71°33'15" and a radius of 73.50 feet, for an arc distance of 91.79 feet to a point of tangency; thence run North 73032'18" West for 247.58 feet to a point of curvature; thence run Northwesterly, along.a circular curve to the right having for its elements a central angle of 47o57'36'' and a radius of 111.50 feet, for an arc distance of 93.33 feet to a point of tangency; thence run North 25°34'42'' West for 216.23 feet; thence run North 30°59'21'' East for 51.16 feet; thence run North 19"50'00" East for 110.59 feet to a point of curvature; thence run Northeasterly and Northwesterly, along a circular curve to the l~t having for its elements a central angle of 48038'23'' and a radius of 78.50 feet, for an arc distance of 66.64 feet to a point of tangency; thence run North 28048'22" West for 58.73 feet to a point of intersection with a circular curve concave to the Northwest, said point of intersection bearing South 31057'57" East from the center of said circular curve; thence run Northeasterly, along a circular curve to the left having for its elements a central angle of 38012'03'' and a radius of 63.50 feet, for an arc distance of 42.34 feet to a point of tangency; thence run North 19050'00'' East for 130.54 feet to a point of curvature; thence run Northeasterly, along a circular curve to the right having for its elements a central angle of 49°02'10" and.a radius of 81.50 feet, for an arc distance of 69.75 feet to a point of reverse curvature; thence run Northeasterly, along a circular curve to the left having for its elements a central angle of 21°26'09" and a radius of 178.50 feet, for an arc distance of 66.78 feet to a point of tangency; thence run North 47°26'01'' East for 102.96 feet to a point of curvature; thence run Northeasterly, along a circular curve to the right having for its elements a central angle of 40°41'59" and a radius of 131.50 feet, for an arc distance of 93.41 feet to a point of tangency; thence run North 88o08'00" East for 269.01 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 92~40'48" and a radius of 83.50 feet, for an arc distance of 135.07 feet to a point of reverse curvature; thence run Northwesterly and Northeasterly, along a circular curve to the right having for its elements a central angle of 5~07'43" and a radius of 3496.50 feet, for an arc distance of 312.98 feet to point of reverse -curvature; thence run Northeasterly and Northwesterly, along a circular curve to the left having for its elements a central angle of 44°19'28" and a radius of 73.50 feet, for an arc distance of 56.86 feet to a point of tangency; thence run North 43°44'33'' West for 64.30.feet; thence runNorth 88~26'03~ East for 200.00 feet to the Point of Beginning; containing 8.802 acres, more or less. EXHIBIT "E" 'T I ?_.6r('O 55 I ~[C. I AVENTURA LAKES LEGAL DESCRIPTION PRODUCT TYPE C 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 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 674.20 feet; thence run South 43o44'33,, East for 64.30 feet to a point of curvature; thence run Southeasterly and Southwesterly, along a circular curve to the right having for its elements a central angle of 44019'28'' and a radius of 73.50 feet, for an arc distance of 56.86 feet to a point of reverse curvature; thence run Southwesterly and Southeasterly, along a circular curve to the left having for its elements a central angle of 5°07'43'' and a radius of 3496.50 feet, for an arc distance of 312.98 feet to a point of reverse curvature; thence run Southeasterly and Southwesterly, along a circular curve to the right having for its elements a central angle of 92040'48" and a radius of 83.50 feet, for an arc distance of 135.07 feet to a point of tangency; thence run South 88°08'00" West for 269.01 feet to a point of curvature; thence run Southwesterly, along a circular curve to the left having for its elements a central angle of 40°41'59'' and a radius of 131.50 feet, for an arc distance of 93.41 feet to a point of tangency; thence run South 47°26'01" West for 102.96 feet to a point of curvature; thence run Southwesterly, along a circular curve to the right having for its elements a central angle of 21°26'09'' and a radius of 178.50 feet, for an arc distance of 66.78 feet to a point of reverse curvature; thence runSouthwesterly, along a circular curve to the left having for its elements a central angle of 49°02'10'' and a radius of 81.50 feet, for an arc distance of 69.75 feet to a point of tangency; thence run South 19°50'00'' West for 130.54 feet to a point of curvature;'thence run Southwesterly, along a circular curve to the right having for its elements a central angle of 38°12'03'' and a radius of 63.50 feet, for an arc distance of 42.34 feet; thence run South 28°48'22" East for 58.73 feet to a point of curvature; thence run Southeasterly and Southwesterly, along a circular curve to the right having for its elements a central angle of 48°38'23'' and a radius of 78.50 feet, for an arc distance of 66.64 feet to a point of tangency; thence run South 19050'00'' West for 45.47 feet to the Point of Begirining; thence continue South 19050'00'' West for 65.12 feet; thence run South 30°59'21'' West for 51.16 feet; thence run South 25034'42" East for 216.23 feet to a point of curvature; thence run Southeasterly, along a circular curve to/the left having for its elements a central angle of 47057'36" and a radius of 111.50 feet, for an arc distance of 93.33 feet to a point of tangency; thence run South 73°32'18'' East for 247.58 feet to a point of curvature; thence run Southeasterly, along a circular curve to the right having for its elements a central angle of 71°33'15" and a radius of 73.50 feet, for an arc °""' IT ! ?__81'f0 557__. distance of 91.79 feet to a point of tangency; thence run South l°59'03'' East for 240.52 feet to a point of curvature; thence run Southeasterly and Southwesterly, along a circular curve to the right having for its elements a central angle of 36°36'37" and a radius of 88.50 feet, for an arc distance of 56.55 feet to a point of tangency; thence run South 34037'34" West for 73.85 feet; thence run South 88°08'00" West for 904.58 feet; thence run North 1°52'00" West for 674.07 feet to a point of curvature; thence run Northwesterly and Northeasterly, along a circular curve to the right having for its elements a central angle of 38011'49'' and a radius of 200.00 feet, for an arc distance of 133.33 feet to a point of tangency; thence run North 36019'49'' East for 106.72 feet; thence run South 83°43'46'' East for 158.50 feet; thence run North 76°30'18'' East for 150.44 feet; thence run South 82o36'23', East for 166.91 feet to the Point of Beginning; containing 15.485 acres, more or less. EXHIBIT "F" IT ! 21 [0 553 AVENTURA LAKES LEGAL DESCRIPTION PRODUCT TYPE D A portion of DONlqACRES, 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 Section 34, Township 51 South, Range 42 East; thence run South lO59'03'' East, along the Easterly line of said Section 34, for 709.14 feet; thence run South 88o00'57'' West for 40.00 feet; thence run South 88026'03'' West for 1284.84,feet to the Point of Beginning; thence run South lo33,57" East for 180.00 feet; thence run South 40°22'19'' West for 400.30 feet; thence run South 6°34'46" West for 110.00 feet; thence run South 34050'47'' West for 175.00 feet; thence run South 0°22'25. East for 117.37 feet; thence run South 26°28'07" West for 43.09 feet; thence run South 63o10'53" West for 92.38 feet; thence run North 53°40'11'' West for 115.87 feet; thence run North 67016'42" West for 192.28 feet; thence run North 22~43'18'' East for 292.52 feet to a point of curvature; thence run Northeasterly, along a circular curve to the left having for its elements a central angle of 6°15'29" and a radius of 4964.09 feet, for an arc distance of 542.20 feet; thence run North 88o26'03" East for 444.01 feet to the Point of Beginning; containing 8.120 acres, more or less. EXHIBIT G AVENTURA LAKES TENTATIVE DEVELOPMENT SCHEDULE The Owner estimates that it will initiate and complete construction of the Aventura Lakes project in accordance with the following projected staging schedule: Earthwork Feb '96 30 Lake Excavation Apr '96 24 Underground Utilities Jun '96 36 Platting Jun '96 N/A Entrance Feature Jun '96 9 Amenities (Club/Guardhouse/Etc.) Jun '96 24 Vertical Construction Jul '96 48 Roadways Aug '96 42 Landscaping Aug '96 42 ~°~;:! T ! Z1~I0555 EXHIBIT H A'~A(:Ii~I~'T A NATIVF-. LAI',,OSCAP": MATERIAL AVAILABLE IN SOUTH FLORIDA Geige~ Tree Gulme Plum Gulf Gumbo Limbo I-I~rcul~s Club Jamaica Ca,er Jamaica L~ ~ Vit~ M~te, 0~, Li~ Palm, C~ P~ ~ o'.'? I Z~I0556 R[C. I / et-I~ghly ~alt Takeout I e~ghJy Salt Tolerant ¸II orr. 17 ~ ~ni~[n ~5[~ ~EC, I/ILU UO EXHIBIT I PROHIBITED EXOTIC INVASIVE PLANT SPECIES 10141277 · FOP,, P^DE COUNTY ?rohiHl~d ~ci~ m~5, not, b~ pl,snt,~l an~/~,,h~r~ In Oad~ Cou~W in aocor~l~m;~ ~h tJl~ Land~c~?~ £o~1~, Th~ ~p~ci~ mu6r, I,~ r~rrlovod ~roltl eJl;d.~ UpOIt ~,11~ 5p~ci~e (Common Name,) Growt. h Form Acacia ~lurk;uiifornll6 (~a,'l~a[ uc~da) A~nan~h~ra pavontna (r~ ~nal~woo~) Tr~ Albizia labb:ck (~m~n'e ~oneu~) fr~o A~i~onon I¢~o~ue (coral v~) - Ardl~ia ~lli~lca (=A.humilie) (eho~bub~on ~'rdisia) . ~iecho~ajavnnl~n (~hofia) Tr~ .Goo~rum dlunmm (~JGooamin~) Clnn~monlum ~amphore (camphor ~'~) Colubrina a~lAt.lca (l~hcr I~af) CuFanlopel~ ~nac~rdioid~ ( carro~w~d) Tr~ EnCerolobi~m~ con[or~lelll~uum (~ar ~r~) Trc~ Fl~cou~la inat~ (~ov~rnoP~ plum) Hlbl~ue tlll~ue (m~ho~) Jaemlnum dlcho~omum (~ola Coae~ Ja~nti~a) 100 LI6T OF FF, OHIDITED LANDSCAPING PLAN'r5 FOR DADE COUNTY Vlno Tra~ Tr~ Trc~ Tr~e Shrub Trna F'ina r.,or, klande W~land~ 101 ~01~ OADE i~OtJlq'l'Y CORT~LLEI2 ~_ECIE~ t the a~lol~tlon of th~ r~vla~d I~a,dec. a?e Code. Included below are t. lla hal;lye ?lent ~ommunifle~ which each 16 known to Invade. Pen'ia Indtc. a (?anaemia pongam) (?onOam) Euge[]la unlflora (Suflnam Epip~tnl~t,fl ~,inatum tv. Auro, m (Fo FlaGou,'bia In~l~a (G~nloFe Plum) ~ala~hoe pinnate (life plant.) L~ta~a camera Murraya panlcuia~a (orang~j~e~amlne) rl~o~Forum ~blra ~pan~.~ Fl~eFon.n) rout~rla camp~ohla~ Pallium guaj~a (gUava) r~lum [i~oral~ (~a~U~5 gho~o ~Fatha~oa (oye~r Sanatoria hya~inthoo~ce (=5. hqfaeclata) (bow~'trlna l-I~n~) Growth Form Calnm.niUea Invaded Tr~c I'lamm~ke Tree Itamtnocke Groun~Jcov~r DaaGh~6, 5and~ ?inclan~e Trca Iqndanda 5h,~b I lammocke Virtu H~mrnocke, FIn~lan~lo Shrub Finelands SI. ub I-lammo~to Shrub rlndand6 'rrae Froahwat~r w~l;landa Tree Fraehwa~r waUa~e Groundcover Plnela~e, liammnock~ 'CONTROLLED LANDS¢^?ING FLANT5 FO~ DADE COUNTY Trc~ ~'r~ VI.alGround~ov¢,- ~hc~ lists conr, aln plant, eFccloe ~ocumcnt~l I~, Thc Exotic Pcec Plan~ Council, Dada County Park and gccrcaUon DepI;.'s Natural ^rcae Mallaoam~nb ?rogram. ~nd Dadn Cotmr, y Dal~t,. ol~ El~vironm~nte] I~a~otJrc~:e Manegame, nt', Ir, o b~ Im,a~lvn r~eel;~ In n.~l',urM pr~zt~ Dada Cou, t,y. 103 0563 ; "~. . ~EC. " - .' ~.EPPC New~. le.tt~r .... Volume S -- NumN~'¥ ~pHnq 1998 ' . , ~CRI~ ~O~C P~ P~NT COUNCIL'S 1995 ~ OF ~0~;~ MO~ I~1~ SPECI~ Camga~ I~p~s ~at ~re invading ah~ a~mp~ng n~ p~an~ ~un~es in Ro~ ~ deEnit~ d~s ~t r~y ~ ~e e~omic ~ ~ Specie.~ and Common Name Category Species ar, d Commoh Name' /,(ac~ye~a ungeJ~.<;~ (cars Category Categmy ll.~e¥aeJm~ th=t kava ahew~ · ¢o~,Ja/t~ ihvada and disrupt native plant c.~nmunifie~.The~e ;pec~s have a malpm-.tenffai to oe- .c~ma c~ag~/ / tan~ed, I~ut have nor yet invaded narur~ F~n'cla cozr~nun/#e~ HARVEY. flUVIN Florida EPPC: Page 5 EXHIBIT "C" NEW LEGAL DESCRIPTION FOR "RESIDENTIAL LAND" ORLANDO INC. PLANNERS ENVIRONMENTAL CONSULTANTS SUITE 202 · CORAl-CABLES, FL 33134 · (305) 448-8955 POMPANO BEACH MIAMI DESCRIPTION: Residentiol Areo A portion of TRACTS A, Bond C, "DONN ACRES", occording fo the Pier thereof, es recorded in Plot Book 76, of Pege 30, of the Public Records of Dede County, Florido, seid portion being more particulorly described es follows: Commencing of the Northeesf corner of Section 54, Township 51 South, Renge 42 Rest, Dede County, Florida; Thence South 01'59'05" Rest, on the Eosf line of sold Section 54, for 658.95 feet fo the Northeesf corner of EXHIBIT "B", described end shown in fhof RIGHT OF WAY DEED TO DADE COUNTY recorded in Officiel Records Book 1215,9, et Poge 5605 of soid Public Records; Thence South 88'26'52" West, on the North line of seid EXHIBIT "B", for 40.00 feet to Northwest corner of sold EXHIBIT "B"; Thence South 01'59"05" Eosf, on the West line of seld EXHIBIT "B", for 50.48 feet to o perollel llne 709.41 feet South of the North line of seld Section 54; Thence South 88'26'05" West, on seid perellel line, for 465.14 feet fo the POINT OF BEGINNING; NOTES: 1. 5. BEARINGS ARE BASED ON THE SOUTH LINE OF EXHIBIT "A", O.R.B. t2159, Pg. $605, D.C.R., (South 88'06'00' West). UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSEO SURVEYOR AND MAPPER, THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL CERTIFICATION: PURPOSES ONLY AND IS NOT VALID. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY I HEREBY CERTIFY that the attached Sketch and Legal Description CCL CONSULTANTS INC. FOR EASEMENTS AND OR RIGHTS- Is true and correct to the best of my knowledge and belief and OF-WAY OF RECORD. that If meets the Minimum Technical Standards set forth by the DATA SHOWN HEREON WAS COMPILED FROM OTHER Forda State Board off-and Surveyors in Chapter 61G17-6, INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SURVEY Florida Administrative ~ode, pu'rsuant to Chapter 472.027 F.S. AS SUCH. CCL CONSULTANTS, INC.s CERTIFICATE OF AUTHORIZATION ~'~ / No. 5610, IS ISSUED BY THE FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION SONS DATE BY REV, ~JaJe A. Hamilton, Ill, P.S.M. ' ~'pRr~FESSiONAL SURVEYOR & MAPPER ~/ 5406, STATE OF FLORIDA I DATE: . . I DRAWN CHECKED FIELD ] I I 10/21/g61 aY d.e.c. I BY I BOOK N/^ 2555 SALZEDO STREET ORLANDO INC. PI..ANNERS ENVIRONMENTAL CONSULTANTS SUITE 202 · CORN. GABLES. FL 55154 · (305) 448-8955 POMPANO BEACH MIAMI Thence continue South 88'26'03" West, on s(3id p(3r(311el line, for 160.70 feet fo (3n E(3sf line of s(3id TRACT A; Thence continue South 88'26'05" West, on s(3id p(3r(311el line for 1105.82 feet fo (3 point (3f the beginning of (3 non-t(3ngenf curve concnve fo the Northwest h(3ving (3 r(3dius of 4964.09 feet, (3 cenfr(31 (3ngle of 06'15'29" (3nd fo s(3id point (3 r(3di(31 line be(3rs South 75'52'11" E(3sf; Thence Southwesterly, (3long s(3id curve, for 542.20 feet; Thence South 22'45'18" West, for 481.87 feet to the E(3sferly. prolong(3fion of (3 Southerly line of s(3id DONN ACRES; Thence South 88'12'28" West, on s(3id E(3sferly prolong(3fion (3nd s(3id Southerly line, for 445.74 feet to (3 p(3r(311el line 10.00 feet Westerly of Westerly line of s(31d DONN ACRES; Thence South 02'55'52" E(3sf, on line, for 901.05 feet fo the beginning of (3 t(3ngenf curve conc(3ve lo the NoHhe(3sf h(3ving (3 r(3dius of 25.00 feet; Thence Southerly (3nd Soufhe(3sferly, (3long curve, through (3 cenfr(31 (3ngle of 55'06'22", for 25.17 feet fo the West line of EXHIBIT "A" of s(3ld RIGHT OF WAY DEED TO DADE COUNTY; Thence continue Southe(3sferly (3nd E(3sterly, (3long s(3id curve, through (3 cenlr(31 (3ngle of 55'50'06", for 15.64 feet to (3 p(3r(311el line 8.00 feet South of the North line of s(31d EXHIBIT "A"; Thence North 88'08'00" E(3st, on s(3id p(3r(311el llne, for 1776.55 feet; Thence North 01'52'00" West, for 8.00 feet to s(31d North line of EXHIBIT "A"; Thence North 01'59'05" West, for 416.55 feet; Thence North 16'58'46" West, for 55.84 feet to the beginning of (3 t(3ngenf curve conc(3ve fo the Southwest h(3ving (3 r(3dius of 50.00 feet (3nd (3 cenfr(31 (3ngle of 42'22'44"; Thence Northwesterly, (3long s(3id curve, for 56.98 feet; Thence North 59'01'50" West, for 124.58 feet fo the beginning of (3 t(3ngenf curve conc~3ve to the South h(3ving (~ r(3dlus of 179.50 feet; Thence Northwesterly (3nd Westerly, (3long curve, through (3 cenfr(31 (3ngle of 14'52'11", for 46.58 feet fo (3 Southerly line of s(31d TRACT A; Thence continue Westerly, (3long s(3id curve, through (3 cenfr(31 (3ngle of 07'07'16", for 22.51 feet fo the point of reverse curv(3ture with curve conc(3ve fo the North h(3ving (3 r(3dius of 180.50 feet (3nd (3 cenfr(31 (3ngle of 09'5,7'18"; Thence WesfeHy, (3long s(3id curve, for 50.51 feet; Thence North 71'25'$9" West, for 112.55 feet fo the beginning of (3 f(3ngenf curve conc(3ve to the Norfhe(3sf h(3ving (3 r(3dius of 40.00 feet (3nd (3 cenfr(31 (3ngle of 55'52'29"; Thence Westerly (3nd Northwesterly, (3long s(3id curve, for 25.65 feet; Thence North 57'51'10- West, for 54.92 feet to the beginning of (3 f(3ngenf curve conc(3ve lo the E(3st h(3ving (3 r(3dius of 122.00 feet (3nd (3 centr(31 (3ngle of 57'21'10; Thence Northwesterly, (3nd Northerly, (3long s(3id curve for 122.12 feet; Thence North 19'50'00" E(3sf, for 149.74 feet; Thence North 17'41'55" E(3st, for 177.12 feet fo the beginning of (3 f(3ngenf curve conc(3ve to the Southe(3sf h(3vlng (3 r(3dius of 140.00 feet (3nd (3 cenfr(31 (3ngle of 70'26'07"; Thence Northe(3sterly (3nd E(3sterly, (3long s(3id curve, for 172.11 feet; Thence North 88'08'00" E(3sf, for 279.15 feet fo (3 Westerly line of s(3id TRACT B; Thence continue North 88'08'00" E(3st, for 16.98 feet fo the beginning of (3 t(3ngent curve conc(3ve fo the Northwest h(3ving (3 r(3dius of 155.00 feet; Thence E(3sterly (3nd Northe(3sterly, (3long s(3id curve, through (3 cenfr(31 (3ngle of 48'11'27", for REVISIONS DATE DY DATE: DRAWN 10/21/96 BY CHECKED I FIELD J.R.C. BY BOOK N/^ 2355 SALZEDO STREET ORLANDO INC. SURVEYORS PLANNERS ENVIRONMENTAL CONSULTANTS SUITE 202 · CORAL GABLES, FL 33~34 · (305) 448-8955 POMPANO BEACH MIAMI 115.55 feet; Thence North 59'56'55" East, for 5.46 feet fo the South line of said TRACT C; Thence continue North 59'56'$$" E(3sf, for 4.26 feet fo the beginning of (3 f(3ngenf curve conc(3ve fo the Northwest h(3ving (3 r(3dius of 160.00 feet and a central angle of 42'35'40"; Thence Northeasterly and Northerly, (3long s(3id curve, for 118.95 feet; Thence Nor"th 02'59'07" West, for 496.98 feet fo the POINT OF BEGINNING. Said lands containing 65.081 Acres, more or less. Said lands lying and being in the City of Aventura, Dade County, Florida. Sub[ecl to easements, rights of way, reservations and restrictions of record, if any. REVISIONS DATE BY DATE: 1 0/2 1/9 6 BY J.R.C. BY BOOK C.C.L CONSULTANTS INC. ENGINEERS SURVEYORS PLANNERS LANDSCAPE ARCHFFECTS · ENVIRONMENTAL CONSULTANTS 2555 SALT_EDO S~REET SUITE 202 · CORAL GABLES, FL 55154 · (505) 448-8955 ORLANDO POMPANO BEACH MIAMI LEGEND D.C.R. A L O.R.B. Pg. R Rec. = Center line = Dade County Records = Delta (Central Angle) = Length of Arc = Offlclal Records Book = Page = Plat Book = Radius = Record Point of Commencement N.E. Corner of Section 54--51-42 ~ T/.R A C pS. 76, Pg. 30, D.C.R.) ~.o~.x ,x TRACT (P.B. 76, Pg. A 50, D.C.R.) ........ ....' .,,- TRACT B .......... ? (P.B. 76, Pg. 30, D.C.R.) ............ -" POIRI of /21/96 BY J.R.C. BY BO0~( N/A C.C.L CONSULTANTS INC. ENGINEERS SURVEYORS PLANNERS LANDSCAPE ARCHITECTS ENVIRONMENTAL CONSULTANTS 2355 SN.ZEDO SIREET SUITE 202 · COR~_ GABLES, FL 55134 · (505) ~-48--8955 ORLANDO POMPANO BEACH MIAMI TRACT (P.B. 76, Pg. 30, D.C.R,,)-:: ......... CT A pg. 5o, D.C.R.) LEGEND D.C.R. L O.R.B. Pg. P.B. R Rec. = Center line = Dade County Records = Delta (Central Angle) = Length of Arc = Official Records Book = Page = Plat Book = Radlus -- Record Center llne of Florido Power & Light C~, (O.R.B. 3478, Pg. (P.B. 76. Pg. 50. O.C.R.) l_ N.W. C~mer of 1, Block ?0 a, ea. t'~, o.c~) "DONN (P I a t B o o k 76, ACR Po g e Center line of Florida Ught Co. eosement R.B. 3478, Pg. 122, O.C~R,) 76, Pg. 50, D.C.R.)~ REVISIONS SCALE: 1"=200' TRACT (P.B. 76, Pg. 54.92' I 50. D.C.R.,) I I DATE BY TRAC (P.B. 76, Pg. .T~AP, T CHECKED 10/21/96 J.R.c. BOOK N/^ C.C.L. CONSULTANTS INC. ENGINEERS SURVEYORS PLANNERS LANDSCAPE ARCHITECTS ENVIRONMENTAL CONSULTANTS 2555 SN. ZEDO S~EE~ SUITE 202 · CORN- GABLES, FL 33154 · (505) 448-8955 ORLANDO POMPANO BEACH MIAMI TRACT o(P.B. 76, Pg. SCALE: 1"=200' A 30, D.C.R.) ~. ~o. D.C..R.) Center llne of FIoddo Power & Light Co. eosement (O.R.B. 5478, Pg. 122. O.C.R.) (P.B. 76. Pg. 50, D.C.R.)-~ 65' ff,.e. Ts, ~. ~o, o.c.~.)...: SECTiON ~4-51-42 ~'~ (P~. 8, Pg. '1~, LEGEND D.C.R. L O.R.B. Pg. P.B. R Rec. (Pict = Center line =Dcde County Records = Delfo (Control Angle) = Length of Arc = Offlclol Records Book = Poge = Pict Book = Rodlus = Record TRACT (P.B. 76, Pg. $0, line of EXHIBff Boo REVISIONS DATE BY DRAWN CHECKED FIELD 10/21/96 BY J,R,C, BY BOOK C.C.L CONSULTANTS INC. ENGINEERS SURVEYORS PLANNERS LANDSCAPE ARCHITECTS ' ENVIRONMENTAL CONSULTANTS 2355 SALZEDO S11~EET SUITE 202 · CORN. CABLES, FL 33154 · (305) 448-8955 ORLANDO POMPANO BEACH MIAMI ONN o k 76, PageSO, TRACT (P.B. 76, Pg. 50, "'TRACT (P.B. 76, Pg. B $0, D.C.R.) SCALE: 1"=200' saros,og'_ w~ West line of EXHIBIT I o. c. EGEND . .~L ......... ¥-'r_ = Center line A "':': ~ D.C.R. D.C.R.)"~' .......... L ]1 ..... ., O.R.B. Dcde County Records Delta (Central Angle) Length of Arc Official Records Book Page Plat Book Radius Record ' llne line of EXHIBiT "A" 110' totol R/W ..... TRACT '~'~'....:/" (P.B. 76, Pg. ,:7,0, D.C.R.) i ~r521oo'w EXHIBC[ "A". O.R.B. 12159. Pg. 5603, D.C*R. N.E. 2 0 7 t h S t r e · t · ~,.-- ..... ~,c .......... "' ..... ~" ~.~.~,c;'. 2 HD ...... ~'~' (p.~. 90, Pg. 23, DCR 2:: / REVISIONS DATE BY 1 0/21/96I DATE: DRAWN FIELD BY J.R.C. BY BOOK N/^ EXHIBIT "D" NEW LEGAL DESCRIPTION FOR "CONSERVATION PARCEL" 2555 SN.ZEDO STREET ORLANDO INC. PLANNERS ENVIRONMENTAL CONSULTANTS SUITE 202 · CORAL GAEILE9, FL 55154 · (305) 448-8955 POMPANO BEACH MIAMI Location Map NOT TO SCALE DESCRIPTION: Conservotion Areo A portion of TRACTS A, B and C, "DONN ACRES'', according fo the Pier thereof, es recorded In Plat Book 76, of Poge 50, of the Public Records of Dada County, Florida, said portion being more particularly described os follows: Commencing at the East Quarter corner of Section 54, Township 51 South, Range 42 East, Dada County, Florida; Thence North 01'59'05" West, on the East line of said Section 54, for 75.00 feet to the Northeast corner of EXHIBIT "A", as described and shown In that RIGHT OF WAY DEED TO DADE COUNTY recorded in Official Records Book 12139, af Page 5605 of said Public Records; Thence South 88'08'00" West, on the North line of said EXHIBIT "A", for 70.22 feet fo the POINT OF BEGINNING af the Most Westerly corner of EXHIBIT "C" of said RIGHT OF WAY DEED TO DADE COUNTY; Thence continue South 88'08"00" West, on said North line, for 727.76 feet; Thence North 01'59'05" West, for 416.55 feet; Thence North 16'58'46" West, for 55.84 feet fo the beginning of e tangent curve concave fo the Southwest, having a radius of 50.00 feet and a central angle of 42'22'44"; NOTES: 1. So S. BEARINGS ARE BASED ON THE SOUTH LINE OF EXHIBIT O.R.B. 121sg, Pgo 3603, D.C.R., (South 88'08'00" West). UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING, SKETCH, pLAT OR MAP IS FOR INFORMATIONAL /"~'OT ~' ,~AT PURPOSES ONLY AND IS NOT VALID. ~c.r~Hr,~e~H~'~. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY I HEREBY CERTIFY that the attached Sketch and Legal Descrlptionl CCL CONSULTANTS, INC, FOR EASEMENTS AND OR RIGHTS- Is true and correct to the best of my knowledge and belief andl OF-WAY OF RECORD that It meets the Minimum Technical Standards set forth by the DATA SHOWN HEREON WAS COIdPLED FROM OTHER Florida Slate Board of/Lond Surveyors In Chapter 61G17-6, INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SURVEY Florida Adrnlnlstratlve/Code, pursuant to Chapter 472.027 F.S. AS SUCH. / CCL CONSULTANTS, INC.s CERTIFICATE OF AUTHORIZATION ("~ ~ No. 5610, IS ISSUED BY THE FLORIDA DEPARTMENT OF ~ t ~ I DATE BY / - ' ' REV S O.S J / ' ' t I Ja~es A. HamIl~o, Ill, P.$.M. '~..~)FESStONAL SURVEYO~ ~' UAPPER t ~406, STATE OF FLORIDA I DATE: . . - ~RAWN CH'ECKED FIELD I ...... 10~18~96 BY J.R.C. BY I BOOK 2388 SALZ£DO STREET ORLANDO INC. SURVEYORS PLANNERS · ENVIRONMENTAL CONSULTANTS SUITE 202 ' CORAL GABLES, FL 33t.34 . (305) 448-8955 POMPANO BEACH MIAMI Thence Northwesterly, along said curve, for 56.98 feet; Thence North 59'01'50" West, for 124..38 feet to the beginning of a curve concave to the South having a radius of 179.50 feet; Thence Northwesterly and Westerly, along said curve, through a central angle of 14'52'11", for 46.58 feet fo a Southerly line of said TRACT A; Thence continue Westerly, along said curve, through a central angle of 07.07'16", for 22.51 feet fo the point of reverse curvature with a curve concave fo the North having a radius of 180.50 feet and a central angle of 09'57'18"; Thence Westerly, along said curve, for 5,0.51 feet; Thence North 71'25'59" West, for 112.55 feet to the beginning of a tangent curve concave fo the Northeast having a radius of 40.00 feet and a central angle of $`3'52'29"; Thence Westerly( and Northwesterly, along said curve, for 23.65 feet; Thence North 37'51'10- West, for .34.92 feet to the beginning of a tangent curve concave fo the East having a radius of 122.00 feet and a central angle of 57.21'10"; Thence Northwesterly, and Northerly, along said curve for 122.12 feet; Thence North 19'50'00" East, for 149.74 feet; Thence North 17.41'55" East, for 177.12 feet to the beginning of a tangent curve concave fo the Southeast having a radius of 140.00 feet and a central angle of 70'26'07"; Thence Northeasterly and Easterly, along said curve, for 172.11 feet; Thence North 88'08'00" East, for 279.15 feet fo a Westerly line of satd TRACT B; Thence continue North 88'08'00" East, for 16.98 feet fo the beginning of a tangent curve concave fo the Northwest having a radius of 1`35.00 feet; Thence Easterly and Northeasterly, along said curve, through a central angle of 48'11'27", for 11`3.55 feet; Thence North `39'56'`35" East, for `3.46 feet to the South line of said TRACT C; Thence continue North `39'56'`3`3" East, for 4.26 feet fo the beginning of a tangent curve concave fo the Northwest, having a radius of 160.00 feet and a central angle of 42'`35'40"; Thence Northeasterly and Northerly, along said curve, for 118.95 feet; Thence North 02'`39'07" West, for 496.98 feet fo a parallel line 709.41 feet South of the North line of said Section `34; Thence North 88'26'0`3" East, on said parallel line, for 46`3.14 feet fo the West line of EXHIBIT "B" of said RIGHT OF WAY DEED TO DADE COUNTY; Thence South 01'59'05" East, on said West line, for 1820.`32 feet to the Most Northerly corner of said EXHIBIT "C"; Thence South 4`3'04'28" West, on the Northwesterly line of said EXHIBIT "C", for 42.`38 feet to the POINT OF BEGINNING. Containing `32.614 Acres, more or less. Said Lands lying and being in Dade County, Florida. Subiecf fo easements, rights of way, reservations and restrictions of record, if any. REVISIONS DATE BY IDRAWNCHECKED DATE:lO/18/96 BY J.R.C. BY FIELD BOOK N/A 2355 S,~.Z£DO STREET ORLANDO INC. PLANNERS ENVIRONMENTAL CONSULTANTS SUITE 202 * CORAL GN3LES, FL 33t34 · (305) 448-8955 POMPANO BEACH MIAMI 54.92 ......... 1~08'00' E 279.13' 70'26'07' 140.00' 172.11' "DONN lot Book 76, LEGEND ~ = Center line D.C.R. = Dada County Records A = Delta (Central Angle) L = Length of Arc O.R.B. = Official Records Book Pg. = Page P.B. = Plat Book R = Radius Rec. = Record -R - 50.00' 53.84' 4.25' West fine of EXHIBIT ACRES" Poqe30, N.E. 2 0 7 t h S t r e · t ,,,',, ,~,'~- .......... 2 ND ......... D.C.R.) SCALE: 1"=200' o! F..XHISiT POINT OF' BEGINNING of EXHIBIT "C" --~ line of EXHIBIT 'A" 110' totol R/W 756,6~'?,75' South llne of the N.E. 1/4 o! Sect;on 54-5,1-42 Point of Commencement EAST 1/4 corner of SECTION 54-51-42 Mast N[or therl¥ ~corn~r of EXHIB!T "C" REVISIONS DATE BY DRAWN I CHECKED BY J.R,C, BY IFIELD BOOK N/A 2555 SALZEDO STREET ORLANDO INC. PLANNERS ENVIRONMENTAL CONSULTANTS SUITE 202 * CORAL GABLES, FL 53134 · (505) 448-8955 POMPANO BEACH MIAMI LEGEND D.C.R, L O.R.B. Pg. P.B, R Rec. = Center line = Dade County Records = Delta (Central Angle) = Length of Arc = Official Records Book = Page = Plat Book = Radius = Record SCALE: 1"=200' N88'26'05' E Center llne of Florldo Power & Ught Co. easement (O.R.B. 3478, Pg. 122. D.C.R.) (P.B. 76. Pg. 30, O.C.R.) N.E. Corner of Section ,.94-51-42 NS~26'OS"E North line of Section 34-51-42 · [ 279.t3' I I REVISIONS DATE 465.14' West line of EXHIBrT BY DATE: DRAWN 10/18/96 BY IFIELD BOOK N/^ CHECKED EXHIBIT "E" PERMITS 8 8-o5. ( .; " Appllcallon No. Na'm.e of Applicant Ef fecll,e Date N. ¥. 14UNCHEN CORPORATION OCT 0 7 1983: DEPARTMENT OF THE ARMY PERMIT Referrlng to wrltten request dated 25 September 1981for~permitto: Perform worlc ia or affecting :avlgable wa~rs of the Unfed Ste~s, upo: the recommendatlo~ of the Chie~ of E:~neers, pursuant ~ Section 10 of the Rivers amd Harbors Act of M ~ch 3, 1899 ~ U.S.C. m Dischnrge dredged or fill ms,rial in~ wa~rs of the Unfed Ste~s upon the issuance of a pemlt from the Secre~ of the y/c~g ~rough ~e Chief of Engineers pursuant W Section 404 ofthe Clean Wa~r Act Transpo~ dredged ma~rial for the purpose of dumping it in~ ocean wa~rs upon the issuance of a.pe~it from the Se~e~ of the A~7 acting ~rough the Chief of Engineers pursuant ~ Section 103 of ~e M~[ne Pro,etlon. Eesearch and San~u~ies A~ o11972 (~ J~. P.~ ~-~); N. V. Munchen Corporation 760 U.S. Highway t North Palm Beach, Florida 33408 ie berebyau~orLzed by the Secre~ of ~e A~: ~ fill'to +5.0 feet mean sea level 47~9 acres of mangrove (17.9 acres) and sea- oxeye (30 acres) wetlands in order to construct residential units and attendant parking spaces waters of the United States, wetlands adjacent to the Intracoastal' Waterway · t Dorm Acres .in Section 34, Township.51 South, Range 42 East, Dade County, Florida in accordance with the plans and drawings attached hereto which are incorporated in and mede a part of this ~ermit (on dr~w- fags. flue ['de number or o£her definite it~n~cat~on rn~r~t. } attached euhjed, to [he following conditions: I. General Condlllon~: e- That all activities identified and authorized herein shall be consistent with the terms and conditions of this permik and that soy activiLies not specifically ideaL/fled and authorized herein shall constitute a v;olation of the terms and cond/tions of this permit which ma)' result in the modification, suspension or revocation of this permit, in whole or in par~ as set for'& more specifically L~ Genera] ConcLitlons j or lc hereto, and in the institut/on of such legal proceedJ~sa as the United States Govern* men: may consider appropriate, whether or not this permit has been previously modified, suspended or revoked h~ whole or/n ENG FORM 1721, Sep 82 EDITIO);OF 1JUL771SOBSOLETE ,~/~.~,~-,.~ol 'b. That all activities authorized L" .n shall, if they involve, during their constru~ , or operation, any discharge ~ollutants into waters of the United Statos or ocean wa~r~, be at all t~mes consle~nt with applicable ws~r quality standards. ~f~ucnt ]imi~tlon~ a~d ~ndards of perfo~ance, prohibitions, pretrestment standards and management practices es~bllsh- ~ ~at when the agivlty authorized herein inv~ves a discharge dugng its co.at.etlon or opera~on, or any pollu~t ~c~'ng d~edS~ or ~ mate~0, in~ wa~rs of the Uni~d Sts~s, the authorized activity shall, if applicable wa~r qu airy garda ~e revised or modified during the ~ of this pe~i~ be modified, if necessary, ~ confo~ with such revlsed or modiiied wa~ qu~ity s~ndards within 6 months of the eifectlve da~ of ~y revision or modification of wa~r quality s~ndards, or aa . d raced by an ~plemen~tlo~ plan confined in such revised or modified s~ndards, or within such longer period of tlme as Dis~ict E~n~r. in ~nsul~tlou wi~ the Region a] A ~tnls~a~r of the Envlronme~l Pro.etlon Agency. may de~ine ~ r~sonable under ~e circums~nces. ~ That the di~ch~ge will sol des~o~ a three.ned or endangered species ~s ideutifled under the Endangered Species A~ or endang~ ~e crltlc~ habi~t of Such species. e. That the permlttee agrees to make every reasonable effort to prosecute the construction or operation of the work authorized here~n in a manner so ss to minimize ~ny adverse impact on fish wl]dlife and natural environmental values. ir. T. het the permiCtoe agrees that he will prosecute the construction or work authorized herein in a man.nar so as to minimize any degradation of water quality. g. That the permittee shall allow the District Engineer or his authorized representative{s} or deslgneeIs) to ~ake periodic in- spections at any thee deemed necessary in order to as sure that the act/vlty heine performed under authority of this permit is in accordance with the terms and conditions prescribed hereL~ h. That the permlttoe shall maintain the strupture 'or work aut~orlzed herein in good condition and in reasonable ac- cordance with the pla~s and drawlngs attached hereto. ~ That this permit does not convey any property rlghts, either in real estate or material, or a~y exclusive ~*rlvileges; and that it does not authorize any injury to property or invaslon of rights or any infringement of FederAl, State. or local laws or regulations. j. That this permit does not obvlato the requirement to obtain state or local assent required by law for the activity authoriz- ed herein. · i~ That this permit may be either modified, suspended or revoked in whole or in part pursuant to the policies and pro- cedures of 33 CFR 325.'L I That in issuing this permit, the Government has relied on the information and date which the permlttae hap provided in connection with bis permit application. If, subsequent to the issuance of this permit, such information and data prove to be materially false, materially incomplete or inaccurate, this permit may be modified, suspended or revoked, in whole or in pa~ and/or the Government may, in addition, institute appropriate legal proc~edlngs. m. That any modification, suspension, or revocation of this permit shall not be the basis for any claim for damages against the United States, ~ That the permittoe shall notify the District Engineer at whet time the activity authorized herein will be commenced, aa irar in advance of the time of commencement ns the District Engineer may specify, and of any auspension of work, il for a period of more than one week, resumption of work and ils completion. ~Cft/~' o. That if the activity authorized herein is not completed on or before ' day of ,19' , ~ year~ from the date of ;.suance o[ t~L~ permit unless ot~erwlae speci[¥ed} this permlt,'if not previously revoked or specifically extended, shall automatically expire. p. That this permit does not nuthnrine or approve the consLr~tlon of p~ticular structures, the nuthorizntion or approval of which m~y require authorization by the Congress or other agencies of the Federal Government. q. That if and when the permittee desires to abandon the activity authorized herein, unless such abandonment is part of a transfer procedure by which the permlttee is transferring his interests herein to a third party pursuant to General Condition t hereof, he must restore the area to a condition antlsfactory to the District Engineer. r. That if the recording of thls permit is possible under applicable State or local law, the permittee shall take such action ns may ~e neceesszy to record this permit with the !Register of Deeds or other appropriate official charged with the responsibility for maintoining records of title to and interesto in rea] property. 2 .b~re~u. L That this per. it may not be transferred to a third paxty without prior wrltton notice to the D~strlct Engineer, either by the tra=aleree's written agre. ement, to comply with al~terms and conditions oJ' this permit or by the transferree suhscrlb;-g to this perm/t in the space provided below and thereby I~greelng to comply with all terms and conditions of this permit. In add/- tlon. if the permittee transfers the interests authorized herein by conveyanco of realty, the deed sh all reference this permit and the terms and.condJtlons specified herein and this permit shall be record'ed along with the deed with the Register of Deeds or other npproprlate official =- ~hat if the permitlee during prosecution of the work authorized herein, encounters a previously unidentified ar. cheologlcal or other cultural resource within the axea su}~iect to Department ci the Army iurlsdictlon that might be eligible for listing in the National Register of Historic Places. he shall immediately notify the district engineer. a. Fifteen acres of mangrove islands will be created at e~evation -0.25 feet meah low water (MLW) and planted with red mangrove seeds, one ev6ry. 3 feet on cegters throu§hout, within a 33-acre wetland mitigation area at the..eas.tern end of the project site. b. Eighteen acres of tidal ponds will be created, surroundin9 the above man§rove islands, 12 acres of which are to be excavated to -1 to -1.5 feet MLW and 6 acres to no deeper than -4 feet MLW. c. Tidal f~ushing/export will be maintained by a 48-inch culvert with invert elevation at -1.5 feet MLW at the northeastern corner, connected with the east- west canal system there, and by a 5-foot by lO-foot-wide box culvert with invert elevation at -1.5 feet MLW at the southeastern corner, connected with the east- west canal system there. Th~ £ol.lowing Special Conditions will be opplicsble when approprlat~: ~' ' ahall mot be eotltled ~ compensation for d~age or inju~ ~ the structures or work authorized herein ~:hlch may be caused by or result from existing or future operations uade~k~by ~e Unfed Sta~s in ~e public in~resL ~. ~at no at,rapt sh~ll be made by ~e ~mtt~e ~ prevent the full and free use by the public of nil navigable wa~rs at or adjacent ~ ~e acti~ au~orlzed by ~is ~mI~ ~ That if the display of lights an d si~s on iny s~cturz of work autho~zed herein ia not orbed'isa provided for by I aw, . such lights ~d si~ds as may be pres~ibed by ~e Uni~d S~s Coast Gu~d shall be ins~lled.and maln~ined by and at the ex~nse of ~e pe~i~ ~ ~at ~e pemlt~, upon receipt of a notice of revocation of this pe~it or upon its explratlon before completion of the au~orlzed s~cture or work, shall, without ex,rise W ~e Uni~d Sta~s and in such time and manner as the Secret' of the Amy orhis au~orlzed represen~tive may di~. res~re the wa~.ay ~ its romar conditions. If the petites fails ~ com- ply wi~ the dire~ion of the Secre~ry of the Amy or his authorized represen~ve, the Secre~ry or his desires may res~re ~e wa~ay ~ i~ romar condition, by con,act or o~e~ise, and recover the cost thereof from the pemit~e. ~ S~ctures for SmMI Boats: That pemlt~e hereby reco~izes the Possibility that the s~ucture pemit~d herein may be subject w d~age by wave ~ash ~rom passing vessels. The issuance of this pemit does not relieve the pumice from ~ing ~1 proof z~ps ~ ~sure the in~ty of the s~cture periled herein and the safety of boats moored there~ from d~age by wave w~sh ~d the pemit~e shall not hold the Uni~d S~s liable for any such damage. m That when ~e work au~orized here~ includes periodic maln~n~ce ~ed~ng. it may be perfomed under this ~mit for ye~s from ~e da~ oi issuaa~ of this pe~it {~n years un,s* othe~he indicated}; b. ~at ~e pumice will advise the Dis~ict En~neer in writing at least two weeks before he in~nda ~ unde~ke ~y .ma~n~ce ~edg~g. DIS~ARGES OF DREDGED OR FILL ~ATERIAL INTO WATER$ OF THE UNITED STATES: ~ ~at ~e dlscb~ge will be ~ied out ia con[o=ity wltb the goals and ob~ec~ves of ~e EPA Gui~eH=es es~blished aunt ~ Se~lo= 404(b) of ~e Clean Wa~r A~ a=d publlsbe~ ~= 40 CFR ~30; b. That the discharge will coosist of sui~ble ms,rial free from ~zic pollutan~ in ~xlc amou~. ~ That ~e Ifil crea~d.bx the discharge will be properl)' mMo~ined ~ prevent erosion sod o~er non-point sources of poilu- ~ That the dis~sal will be carried out io ~nf~ity wi~ the goals, objectives, and requirements of the EPA cri~ria es~blished pursuit ~ S~ction 102 of the M~ine Pro~ctlon. Research and Sanctu~ies Act of 1972. published in 40 CFR b. That ~e petites sha~ place a copy of this pe~it la a.conspicuous place in the vessel ~ be used for the ~aaspo~tioa and/or disposal of ~e ~edged ms,rial as authorized hereim This ~it shall become effective on the da~ of the Dis~ict E~gineer's si~ature. Pemit~ hereby accepts a~d a~ees ~ comply with the ~s and conditions of this p~miL ~D B. DEVEREAUX, JR., Colonel, Corps of Engineers DATa U~.A~Y, CORPS OF EHGINEE~ Tr~sfer~ hereby a~a ~ comp]~ with ~e ~s ~o ~ coodiLio~a of this TRANSFEREE DATE 4 lama City Field Office O. Office Box 151 ~ama City, Florida 32401 lephone: 904/763-0717 Crystal River Regulatory P. O. Box 387 Crystal River, Florida 32629 Telephone: 904/795-1078 FIELD MONITORING BRANCN (Jacksonville) GULF COAST AREA OFFICE (Tampa) SOUTH FLORIDA AREA OFFICE (Clewiston) Gulf Coast Area Office P. O. Box 19247 Tampa, Florida 33686 Telephone: 813/228-2578 Ft. Myers Regulatory Office 2180 W. First St. CAN-AM Bldg. Suite 312 Ft. Myers, Florida 33901 Telephone: 813/332-7808 Field Monitoring Branch Regulatory Division P. O. Box 4970 J~cksonville, Florida 32232 Telephone:. 904/791-2887 Palatka Regulatory Office P. O. Box 1317 Palatka, Florida 32077 Telephone: g04/325-20281 Island Regulatory Office 2460 N. Courtney Square Blvd, Courtney SquareiBldg~, Suite 216' Merrttt Island, FlOrida 32952 Telephone: 305/453-7655 Regulatory Office Suite 20B,] Arthur Dehon Bldg. 300 Colorado Avenue - Stuart, Fllorida 33494. Telephone:! 305/286-05097... 30 SEPTEMBER 1982 South Florida Area Office P, O. Box 1327 Clewiston, Florida 33440 Telephone: 813/983-8101 Big Pine Key Regulatory Office P. O. Box 633 Big Pine Key, Florida 33043 Telephone~ 305/872-3205 South 'Florida ~Area Miami Office P. O. Bdx 5207166 M~ami', Floridal 33199 Telephone: 305/350-5041 LOCATION MAP DONN ACRES SECTION 34-51-42 IN ATS.R. NO.5ANDN.E. 207TH.SI'_ COUNTYOF DADE STATE FL. APPLICATION BYJ,F. WONGr .p,F SHEET I OF .5 DATE AERIAL PHOTO DONN ACRES 600 0 600 IN SECTION 34-51-42 ATS.R. NO.5ANDN.E. 207TH. ,ST COUN-[-YOF DADE STATE FL. I APPLICAT ON BYJ.F. wONG. p.E. SHEET 2 OF 5 DATE / '=', ,t~ S/~COND AD~TION BISCAYNE '~ACHT AND COUNTRY CLUB ~ITE TOPOGRAPHY 500 0 5?0 P.',T~.IM : i~1%~- ~.16vP TOPOGRAPHY .DONN ACRES IN SECTION 54- 51- 42 AT S.R. NO. 5 AND N.E. 207th. ST. COUNTY OF DADE STATE FL. /~PPLICATIDN BY d. F. WONG, R E. SHEET 3 OF ,5 D'ATE' ~-~i'-:~'~ / / '7 50o 0 50O M I'FI~/~TIO N ?L/NNI IN 5~/-'r~o~-/ $4-51- AZ. AT '-~P....5 ~Nc, u.t, ~o-1 mm'r: COUNTY OF ~,N:~ STATE ~L.. APPLICATION BY SHEET · OF ~ DATE Io-~o-~. P'L/X t'-,I OF F?_O P~F_.12 IN COUNTY OF Dmm~ STATE FLA /~DPLICATION BY ~..F': \V,~ .~.~ S~ET 5 OF -~ DATEIo-lo-~'~_ n.,U HHK/ + I, ~9 '*~" · --~ ...... ,~ '~-~:- ~ .-..~.-.,~.~ :-~-?~:~::~.~'::.--J,'..';.'.'.,~'.--..~',~=:'~'~ .r,., ~. ~ ;~,*,-, :~,..-?~:~ ~' .~ ~ .-: ~ ~ :~ ~.~..~.: .-L~ :... ~. t. -.-~ ~ ~."~-"-.'=~?=*" ...~_,.:==~...-~..- CO~ OF ENGINEERS ~... ~ ,..=~ ~.? ..... .~._~. ~.~_..,...,. ~ ~,,.,.~,,.~:.~.HOTICE OF A~T~O RIZXJIOH.st~.,,~....~.~..,:.-..~.~,. ,~ .~..,..-: ......~-...,~. ~ ~,.?.~.,.:~:~-~~;.:~, ~ ~,,-.~, ~.:..,,~,~..,.,.-.~..-~.,...-~:,~,...~- , '~f~'~L~ .... _. ~ ~:-~. ~.~ ~. . ..... ~ , -, . ,.~ · ~. . ~ ..-.~. ~..~,..,,~.,,.,, ~. . ~., +s.o~,~-~ .................... .. ............... ... ...... '."A PE~.TQF]LL'::. ,q:FEET,,~EAN SEA LEVEL;.~7.:9 ACRES OF NANGROVE (17.~ ACRES AND ~5EA-pXEYE~'.(30~ ACRES.lc. t:E] E~ND. ~ IN .'~RDER .TO _CONSTRUCT' RES ~ ~ENTZAL: UN]TS ATTE~DANT'.P~K]NG'~PACES ~],~]'iATERS ?O?THE'ON[TED' STATE~': NE~ANDS AbOACEN~ TO"~'? ~ :"~'~T" DONN ACRES ':~N=SECT]ON;;34~':.TONNSH~P ~51 SOUTH ;' 'RANGE-.42. EAST, DADE COUNTY~ FE: 'c ...... . Z~;-.:-~.;:~]uncnen ~or ora~on~,~.~?; ON OCTOBE 0, '19: '.'~- .... · .OR. ,- COL ~CE~.. ?~:~'~:~? TBIS ~OTICE MUST BE CORSPICUOUSU DISPLAYED AT-TBE SITE.OF NOTICE OF START OF WORK AUTHORIZED BY PERMITS DATE WORK ~UTHORIZEO UNDER DEPARTMENT OF THE ARMY PERMIT -,-~82B-0544 DATED TO PERFORM WORK WAS STARTED SAJ EL 586-F 15 ~OV. 82 waters if the United States, wetlands ~N ad.iacent to the Intrac~a~t~l in Dade County, - Florida SIGNATURE Regulatory Division Permits Branch 82B-0544 DEPARTMENT OF TItlE ARMY JACKSONVILLE DISTRICT, CORPS OF ENGINEERS P. O. BOX 4970 JACKS(~NVILLir. FLORIDA 32;~'3s' ...... Pc~ober_~ 1983 _. Mr. Juan F. Wong Post, Buckley, Schuh and Jernigan, 2131 Hollywood Boulevard Hollywood, Florida 33020 Inc. Dear Mr. I~ong: Reference is made to your letter of September 9, 1983, concerning minor modification to conditions of Department of the Army permit 82B-0544, recently signed by Mr. Dieter Thiemann on behalf of the N. V. Munchen Corporation. This concern has been reviewed by engineers of this office and our Engineering Division. Specifically, it has been determined that a culvert, at least 25 square feet in cross-sectional area (i.e., 66 inches in diameter), must be installed at the northeastern corner of the mitigation area in order to insure proper tidal flushing therein. This culvert must have an invert elevation ~f at least -1.5 feet mean low water (MLW) or lower. Together with the existi.ng 48 inch diameter culvert, already installed at -2.1 feet MLW at the southeastern corner, tidal crOss-flushigg .sufficient to insure success of the mitigative mangrove planting should result. Also, in reference to the September 26, 1983, letter of the Metropolitan Dade County Department of Environmental Resources Management, this office has no objection to enhancement of the mitigative effort by planting red mangrove saplings, 2 to 4 feet in height in lieu of seeds nor to installation of riprap along the southern and eastern shorelines of the mitigation area. These measures should supplement-the anticipated productivity of the completed mitigative effort. This letter will serve to authorize these requested minor modifications to the previously signed permit and should remain attached to it. Also enclosed'herewith are a permit placard to be posted at'the site and a postcard with which to inform our local office of commencement of construction. Y6ur continued cooperation with our permit program is appreciated. 4 Enclosures 1. Permit w/plans 2. 3. BY AUTHORITY Of THE SECRETARY OF THE ARMY: Colonel, Corps of Engineers District Engineer Notice of Authorization Commencement Card ~ ....... AGREEMENT ~or COAST.~L ~OR ~'ETLAND CDN. STRUCTION N.V. ~JhKIH~N OORP. METROPOLITAN DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT Water Management Division Fourth Floor - Brickell Plaza 90~ S.E. First Avenu~ Miami, Florida 33131 Coastal or Wetland Construction Permi~ No. CC-301 Date August 20, 1984 Aumlst~ ~0, 19~7 Expiration Date _ AGREEMENT FOR COASTAL OR WETLAND CONSTRUCTION DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT WATER MANAGEMENT DIVISION This agreement, between the Contractor named herein and Dade County, is made for the purpose o! accomplishing the work described herein as further described by approved drawings attached hereto and made a part hereof. Such drawings may be required to be prepared by a registered engineer and must be approved by the Director o! Environmental Resources Management. (1) Proposed work~ construcfion~ or use: ~Lhis project involves the re'~'~l of 80.9 acres of c~astal wetlands which consis% of 51.1 a~res of white mangroves and 29.8 acres of sea ox-eye. A to~] of 47.9 acres of wetlands will be filled to an elevation of +5'.0'NGVD, and a 33 acre lake will be excavated in the re- ~maining portion of the wetland area. 5he lake will be excavated as follows: 15 acres will be exc~-ated %o a depth of +0.5 - +1.0 msl; 12 acres will be excavated to a d~th of -1.5' msl; and 6 acres will be excavated to a depth of -4.0' n~l. A -~atl~-~s m(tigation pro~r~. %~11 be imp!-.~vo-n*ed, pursuant to Spec{al Condition ~o. 7 on Sheat 2A herein. Riprap ~11 be placed around the ~r~rimeter of the lake, exc~vt on the west side. A 52' x 72" arch culve~ w~ll co~__neCt the ~ to a ~qa~ on the nortb~t side of the p _rope~', ~ t~0 48" ex~-nsiov~ %~11 be made to ~n existing culvert on the soutb~t side of ~e pro~o=~¢ to ~,a~c~- the le-ke to a ce~nal in this area. Ail ~o~ sh~l~ be done accom~ng to the plans prepared by_ Post, Buck!ey, schuh & Jerniqan, as a~or~ed b3' ~his .Depaz'~.~nt, ~dbject to %he _Special Conditions on ~heets 2A, No~--th of N.E. 207 Street and West of N.E. 34%h Avenue in Sections 34 and 35, Township 51 Sou%h, Range 42 v~t. O) Application: Name, address and phone of: Owner: N.V. M~nch~n Corp. 760 U.S. Highway 1 Nort~h Palm Beach, Florida 33408 Contractor: (Mus! be licensed by Dade County) Southland Engine'-ring C°ntrac~' 19089 N.E. 3rd Co,~rt Miami, Florida 33179 (~) Perfocmance Bond: The Director of Environmental Resources Management will set the amount of the performance bond, with mar. imum and minimum amounts as ~ollows: Minimum of $1,000 or 2596 of total estimated cost of work (whichever is higher). Maximum of 10096 of total estimated cost of work. Sheet 2 SPECIAL CONDITIONS FOR PERMIT NO. CC-301: Written notification she]~ be provided to Dade County Environ- mental Resources Management (DERM) a minimum of one week prior to the commencement of this project. Monthly work progress reports shall be submitted to DERM, beginning after the commencement of the project. These reports shall indicate the work accomplished during the past month and the work proposed for the next month. All trees which are removed from ~he site shall be hauled to an approved landfill. The contractor shmU provide DERM with the name and location of the landfill where the material will be hauled. On-site burning of vegetation is prohibited unless ap- proved by the .Metro Fire Department. A permit for unusual use to excavate the lake shall be obtained from the Dade County Building and Zoning Department prior to the commencement of the excavation. Further, all applicable specie] conditions included in Z.~B ResOlution No. 4-ZA_B-325-$1, giving approval for an unusual use to permit lake excavation at this site. shall be adhered to. A total of approximately 2~19 linear feet of the lake ~shoreline shall be stabilized with natural limerock boulders one to three feet in diameter or larger, placed at a 2:1 slope. 'Filter material shall be placed behind the riprap to prevent the loss of fine material. In order to prevent positive drainage or runoff of stormwater into the newly created lake, provisions shall be made for the disposal of the first _one inch of stormwater runoff on-site. Moreover, in erder to prevent positive drainage into the lake prior to the actue] development of the site, an earthen berm and swale shall surround the west and north sides of the lake. The berm and swaie may be removed after actual development, ~-ith DERM ap- proval. In order to compensate for the loss of the 80.9 acres of coastal wetlands, a total of 72,600 smooth cordgTass (Spartina alternifiora) plants shall be planted on 3 foot centers in the 15 acre portion of the lake which ~,-ill have a depth between (+)0.5 and (+)1.0 msl. In addition, 72,600 red mangrove propagules, and 20,000 assorted black and white mangrove seeds shall be broadcast over the 15 acre area. Five years after the origine] planting, 75% of the total number of red mangroves originally planted (54,450) shall have developed into well established trees, as determined by DERM. ~,~onitoring reports which include information on the vitality, growth, and percent survival of the cordgrass and mangroves shall be submitted to DERM on a quarterly basis for a period of five years. The first report shall be submitted 13 weeks after the completion of the original planting and then every 13 weeks thereafter until five years have elapsed since the original plant- ing. 10. 11. If the quarterly monitoring reports indicate that the percent survival rate of red mangroves has fallen below the 75% final survival requirement, additional red mangrove propagules or seedlings shall be replanted during the growing season of the that year in order to ensure that the five year survival require' ment will be met. If the final.survival requirement of ?5% (54,450 trees) has not been achieved after five years, additional .red mangrove seedlings shall be replanted at that time, and yearly thereafter until the five year requirement has been met, with the monitoring reports continuing on a yearly basis until final ap- proval. In addition, if the fin~ survival requirement is not achieved after five years, a $5.00/tree penalty will be required for each additional red mangrove which must be planted to meet the five year requirement. These funds will be contributed to the Biscayne B. ay Environmental Enhancement Trust Fund and will be utilized for wetland restoration work in Biscayne Bay. A performance bond equivalent to 100% of the total cost of the cordgrass and mangrove planting portion of this project shall be posted ~-ith DERM prior to the com..mencement of the p!an~ng, and shall remain in force for a period of five years after the com- pletion of the original planting. In addition, a performance bond equivalent to 25% of the cost of the ~earthwork~ shall be posted with DERM and shall remain in force until six. months after final approval of the work. Since the substrate elevation in the lake is critical to the survival of the cordgrass and mangroves whic~ ~-ill be planted there, it shall be the applicant's responsibility to ensure that an elevation between (+)0.5' msl and (+)l.0' msl is obtained prior to planting. The cordgrass and mangrove planting shall only commence after certification-of the elevation by a professional surveyor or engi- neer has been provided to and approved by DERM. The existing southeast culvert shall be blocked prior to the commencement of this project and it, along with the proposed northeast culvert, shall .remain closed until the lake excavation has been completed and turbidity levels in the lake are equivalent to background levels of adjacent waters. Once the two flushing culverts have been opened, a study shall be conducted to document the tidal range in the lake. The results of this study shall be submitted to DERM ~:~thin 6 months of the opening of the culverts. In addition, a limited water quality monitoring program shall be conducted to ensure that the water quality in the lake approximates the water quality in the canals which feed the lake. Background stations shall be estab- lished in the ex~sting wetland area and the two e~.sting canals in the vicinity of the culvert openings, and two stations shall be established in the -4' msl zone of the lake. Prior to commence- ment of construction, the background stations shall be sampled at the surface and 4 feet below the surface at high tide. Then, at one month, six months, and one year after the culverts have been opened, samples shall be taken at the background stations and at the lake stations at the surface and 4 feet below the surface during high tide. Parameters to be sampled shall 13. 14. 15. include, but not be limited 'to, dissolved oxygen, pH, salinity, temperature, total coliform, biochemical oxygen demand, and turbidity. Reports shall be submitted to DERM within two weeks of sample analysis. Should the tidal range study indicate inade- quate flow and/or the water quality monitoring program indicate significant degradation to the water quality in the canals due to the water quality in the lake, corrective measures will be required along with additional monitoring. Consideration shall be given to the ambient water quality of the wetland area prior to the commencement of construction. A restrictive covenant running with the land shall be. signed by the applicant and submitted to Dade County for recording within 6 months of issuance of this permit. This covenant shall stipulate that the 33 acre lake and the 15 acres of mangroves, which be planted, shall be preserved in perpetuity as a natural area. In addition, the covenant will allow for expansion of the lake. All additional trees required for the subject property by Chapter 33 of the Dade County Code shall only include native species selected form the attached list. Any deviation from the approved plan sb~l] require approval from DERM prior to the work being conducted. Metropolitan Dade County shall be held harmless if the wetland mitigation area proves to be a breeding area for sandflies, or mosquitos since the applicant's consulting engineer and mitigation contractor have requested the elevation (+0.5-+1.0 msl) in the mitigation area, and have indicated that it is their belief that these elevations should not provide significant sandfly or mosquito breeding areas. Should an insect problem arise, the mitigation area shall not be altered unless approved by DERM. Sheet 2C (5) Approximate Costs: Item Estimated Cost Bond Amount Mitigation $ ~7,000.00 Lump Sum Cor~l:. Ac~civities 1,585,020.00 including riprap .... $ 77,000,00 386,555.000 (6) (7) Total Amount of perlormance bond required: Pre-Work Conference: $ 463.5fi.5~30-- At the discretion o! the Director a pre-work conference may be held prior to the commenc~men't o! any work under this permit between the Owner, the O~ner's Contractor and Engineer, and representatives of Environmental Resources Management together with any property owners or other persons whose interests may be -,~fiected by the work. As-buik plans must be submitted to the Department of Environmental Resources .Management wit,bin 30 days of completion of the project. (9) Agencies other than the Department of Environmental Resources Management's :[rom whio~ a~. provai may be obtained (as checked): Souch Florida Water'Management District Dade County Public Torks Department, for any use of explosives. · ,. Dade County Building Department for permits for leveling, grading, excavating, and filling on private property. 7 U.S. Army Corps of Engineers y State of Florida Department of Environmental Regulation ~- State of Florida Depm t;,,ent of Natural Resources City of Recommended: ~'!j"_~____~_' oastal Section IN WITNESS WHEREOF the said DADE COUNTY, FLORIDA, has caused this Permit Agreement to be executed in its name by the Director of Environment~ Resources Mana[ement and Contractor have caused this Permit A[reement to be executed in their names. Sheet 3 METROPOLITAN DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT NATURAL RESOURCES DIVISION AGREEMENT FOR CLASS I COASTAL CONSTRUCTION PERMIT TRAFALGAR ASSOCIATES OF AVENTURA, LTD.- 5L~NGROVE REMOVAL. MAINTENANCE DRED(~ING AND BULKHEAD INSTALLATION Suite No. 400 33 S.W. 2nd Avenue Miami, Florida 33130-1540 (305) 372-6~75 PERMIT NO. CC95-261 (PHASE DATE ISSUED: S-I~-Q~ mmf.l136 EXPIRATION DATE: 5-[~~~ AGREEMENT FOR COASTAL CONSTRUCTION DADE COUNTY 'DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) NATURAL RESOURCES DIVISION This agreement, between the Permittee and Contractor named herein and Dade County DERM, is made for the purpose of accomplishing the work described herein as further described by approved drawings. Prooosed work. construction, or use: Removal of 2,640 linear feet of mangrove fringe along the west side of an existing lake for the purposes of bulkhead installation under phase II of this permit. Ail work shall be performed in accordance with the conditions on sheets 2A through 2C. 2. Location: West of N.E. 34th Ave. between N.E. 207 St. and N.E. 213 St. Sect. 34, Twp. 51, Range Miami, Florida 42 Waterway: Private Lake o o Name. Address and Phone of Permittee: Contractor: (Must be Licensed by Dade County) Trafalgar Associates of Aventura, Ltd. 275 Fontainebleau Blvd., Miami, Florida 33172 (305)221-3710 DERM Pro~ect ManaGer: Michelle M. Ferrell Sheet 2 SPECIFIC CONDITIONS o 7 o The permittee is hereby advised that under Florida law, no person shall commence any excavation, filling, construction, or other activity involving the use of sovereign or other lands of the state, title to which is vested~in the Board of Trustees of the Internal Improvement Trust Fund or the Florida Department of Environmental Protection (FDEP), until such person has received the required authorization for the proposed use from the Board of Trustees or FDEP. If such work is done w~thout consent, or if a person otherwise damages state land or products of state land, the Board of Trustees may levy administrative fines of up to $10,000 per offense pursuant to the Florida Administrative Code. DERM shall be notified a minimum of forty-eight (48) hours prior to the commencement of mangrove removal (305) 372-6575, unless otherwise noted. The permittee and the contractor shall ensure that turbidity levels are monitored as necessary and/or at the request of DERM o If turbidity plumes are visible beyond a fifty (50) foot radius of the project area, turbidity controls, such as (but not limited to) turbidity curtains, shall be implemented at the construction site and DERM shall be notified immediately. If turbidity levels do not drop below twenty-nine (29) N.T.U.'s within one (1) hour after implementation of the controls, all construction shall be halted. Turbidity samples shall be collected at the points, times and frequencies specified by DERM. Samples shall be analyzed by a state certified water quality laboratory' and the results sent directly to the DERM Project Manager on a weekly basis. This project shall not be resumed until the contractor has implemented additional control methods and has received authorization from DERM. The contracto~ shall take all necessary precautions to prevent vegetative debris from falling into the water. Any debris which does fall into the water shall be removed immediately. Final bulkhead plans acceptable to DERM and a complete Class I permit application for bulkhead installation (including Environmental Quality Control Board approval) shall be submitted within four (4) months of phase I permit issuance and the bulkhead installation shall be completed within six (6) months of phase I permit issuance. The permittee hereby agrees that if the proposed wooden bulkhead is not approved by the Environmental Quality Control Board, a bulkhead constructed using conventional materials shall be installed within the timetables described in #5 above. The bulkhead installation shall occur only in the exact location of the proposed wooden bulkhead as shown on the plans entitled "Aventura Lakes Typical Wooden Bulkhead Details"; prepared by Louis R. Campanile, Jr., P.E.; and signed and sealed on March 28, 1996 (copy attached). Sheet 2A o 10. 11. 12. 13. 14. This permit authorizes the removal of mangroves along the west side of the lake only. Any further mangrove alteration or removal shall require additional Class I approval. Ail debris resulting from the mangrove removal 'work authorized by this permit shall be disposed Of properly at an approved waste disposal site in accordance with all federal, state and local regulations. Ail invasive exotic vegetation (i.e. brazilian pepper, australian pine, seaside mahoe, beach naupaka, etc.) shall be eradicated from the project area with an appropriate herbicide. The project area shall be maintained free of exotic vegetation in perpetuity. In order to mitigate for mangrove removal, off-site mitigation at Highland Oaks Park shall be performed as follows: a) Scrape down of 3.09 acres of uplands surrounding the existing lake at Highland Oaks Park to create a littoral zone and forested wetland habitat to a DERM approved elevation suitable for planting. b) Temporary removal and relocation of a portion of an existing bike path which surrounds the lake. The path shall be removed to perform the scrape down work and will then be recreated at the lower elevation in a manner acceptable to the Dade County Park and Recreation Department. c) Installation of a box culvert (or DERM approved equivalent) underneath the recreated bike path to provide a flow way from the proposed forested wetland area to the existing lake. The box culvert (or DERM approved equivalent) shall provide 24 feet in width of water flow. d) Approximately 32 trees which are located in the project area shall either be removed, relocated or remain as tree islands. Specifications to be included on mitigation plans. e) Two vita course stations located in the scrape down area shall be recreated after the scrape down is completed in a manner acceptable to the Dade County Park and Recreation Department. Final mitigation plans acceptable to DERM shall be submitted within three (3) months of phase I permit issuance. The above mitigation requirements shall be completed within six (6) months of phase I permit issuance. Any deviation from the approved plans for this project shall be submitted to and approved by DERM prior to the commencement of this project. A copy of this permit must be kept on-site during all phases of this project. Sheet 2B 15. 16. The time allotted to complete the work for which this permit has been issued shall be limited to the period stipulated on the permit unless the permittee requests an extension of time from the Department in writing at least thirty (30) days prior to the date of permit expiration. Applications for extensions of time which are not timely filed pursuant to Section 24-58.9(B) (2), Dade County Code will be returned to the applicant. A perforraance bond in the amount of $135,00.00 and a mitigation bond in the amount of $172,463.00 shall be held to ensure compliance with the aforementioned specific conditions. Failure to comply with any of the above specific conditions including timetables shall result in enforcement action which shall include but not be limited to the revocation of all or a portion of the bonds. I HAVE READ ALL THE AFOREMENTIONED "SPECIFIC CONDITIONS" LISTED ABOVE ON SHEETS 2A THROUGH 2C AND FULLY UNDERSTAND THEM. I AGREE TO FULLY COMPLY WITH ALL CONDITIONS OF THIS PERMIT. I UNDERSTAND AND ACKNOWLEDGE THAT FAILURE TO COMPLY WITH ALL CONDITIONS OF-THIS PERMIT MAY RESULT IN BOND FORFEITURE, PERMIT REVOCATION, FINES, AND/OR THE FILING OF AN ENFORCEMENT ACTION AGAINST ME BY DERM. I HEREBY ACKNOWLEDGE THAT I AM FULLY RESPONSIBLE FOR THE IMPLEMENTATION OF ALL WORK AUTHORIZED UNDER THIS PERMIT AGREEMENT AND AGREE TO TAKE FULL RESPONSIBILITY FOR ENSURING ADHERENCE TO ALL CONDITIONS, LIMITATIONS AND RESTRICTIONS CONTAINED IN THIS PERMIT AGREEMENT. I FURTHER AGREE TO ASSUME FULL RESPONSIBILITY FOR THE ACTIONS OF ALL MY EMPLOYEES, AGENTS AND PERSONS UNDER DIRECT OR INDIRECT CONTRACTUAL OBLIGATION TO ME WITH RESPECT TO THE WORK AUTHORIZED HEREIN. I FURTHER AGREE TO ENSURE THAT ALL SUCH EMPLOYEES, AGENTS, AND PERSONS SHALL ABIDE BY ALL CONDITIONS, LIMITATIONS AND RESTRICTIONS CONTAINED IN THIS PERMIT. Date: Sheet 2C Approximate Costs: Item Cost of Construction Performance Bond Mitigation Bond Estimated Cost $135,000.00 N/A $172,463.00 N/A $135,000.00 $172,463.00 6. Total Amount of Performance Bond Required: $307,463.00 o Pre-Work Conference: At the discretion of the Director, a pre-work conference may be held prior to the commencement of any work under this Permit between the Permittee, the Contractor and Engineer, and representative(s) of DERM together with any property owners or other persons whose interests may be affected by the work. As-Built Plans may be required by DERM within thirty (30) days of completion of the project. o Aaencies other than DERM from which approval may be necessary checked): X South Florida Water Management District Dade County Public Works Department for use of explosives Dade County Department of Planning, Development Regulation U.S. Army Corps of Engineers State of Florida Department of Environmental Protection (as and Recommended: Program IN WITNESS WHEREOF the said DADE COUNTY, FLORIDA has caused this Permit Agreement to be ~xecuted in its name by the Director of DERM, and Contractor and Permittee have caused this Permit Agreement to be executed in their names. Sheet 3 WHEN THE CONTRACTOR IS AN INDIVIDUAL OR PARTNERSHIP Witnesses Contractor SIGN DATE Sec etary // WHEN THE CONTRACTOR IS A CORPORATION (Correct Nam~of Corporation) (AFFIX CORPORATE SEAL) WHEN THE PERMITTEE IS AN INDIVIDUAL Witnesses Owner SIGN DATE WHEN THE PERMIT.TEE IS A Secr~a~a~/~ '(Correct Name~of ~ ' .. ~'/~- Pre~iden/ / ~ (AFFIX CORPORATE SEAL) DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT Issued On, S /'~ !'~ <~3 B~~ ~~ (~/ ' Director or his Desi~n~A THE ISSUANCE OF THIS PERMIT DOES NOT RELIEVE THE PERMITTEE AND/OR CONTRACTOR FROM OBTAINING ALL R~QUIRED FEDERAL, STATE AND LOCAL PERMITS. Sheet 4 METROPOLITAN DADE C0~TY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT NATURAL RESOURCES DIVISION FOR CLASS I ~QASTAL CONSTRUCTION PERMIT T~AFALGAR ASSOCIATES OF AVENTURA, LTD. MANGROVE REMOVAL, MAINTENANCE DREDGING AND BULKHEAD INSTALLATION Suite No. 400 33 S.W. 2nd Avenue Miami, Florida 33130-1540 (305) 372-6575 PERMIT NO. CC95-261 (PHASE II) DATE ISSUED: 7-f-q tS:767 EXPIRATION DATE: AGREEMENT FOR COASTA5 CONSTRUCTION DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) NATURAL RESOURCES DIVISION This agreement, between the Permittee and Contractor named herein and Dade County DERM, is made for the purpose of accomplishing the work described herein as further described by approved drawings. 1. Proposed work. construction, or use: Installation of 2,640 feet of wooden bulkhead and maintenance dredging along the west side of an existing tidally connected lake. Ail work shall be performed in accordance with the conditions on sheets 2A through 2D. 2. Location: West of N.E. 34th Avenue between N.E. 207th Street and N.E. 213th Street Section 34, Township 51, Range 42, Miami, Florida Waterway: Private lake o Name. Address and Phone of Trafalgar Associates of Aventura, Ltd. 275 Fontainebleau Boulevard Suite 200, Miami, Florida 33172, (305)221-3710 ~ (Must be Licensed by Dade County) Trafalgar Associates of Aventura, Ltd. 275 Fontainebleau Boulevard Suite 200, Miami, Florida 33172, (305)221-3710 o DERM Proiect Manaaer: Trisha Stone Sheet 2 SPECIFIC CONDITIONS The permittee is hereby advised that under Florida law, no person shall commence any excavation, filling, construction, or other activity involving the use of sovereign or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund or the Florida Department of Environmental Protection (FDEP), until such person has received the required authorization for the proposed use from the Board of Trustees or FDEP. If such work is done without consent, or if a person otherwise damages state land or products of state land, the Board of Trustees may levy administrative fines of up to $10,000 per offense pursuant to the Florida Administrative Code. DERM shall be notified a minimum of forty-eight (48) hours prior to the commencement of construction (305) 372-6575, unless otherwise noted. 'Turbidity controls (such as, but not limited to, turbidity curtains) shall be implemented during all phases of work authorized by this permit to ensure compliance with Dade County water quality standards as stipulated in Chapter 24-11 (3), of the Metropolitan Dade County Code. Turbidity controls shall be employed and maintained in the most effective manner possible to prevent turbidity from extending beyond the turbidity control mechanism in place. Failure to deploy and maintain the turbidity curtain or other turbidity control mechanism in the most effective manner possible may result in the issuance of a Uniform Civil violation Notice (UCVN) which carries a mandatory fine, and/or revocation of all or a portion of the performance bond, in addition to a requirement to correct the violation. Turbidity may not exceed twenty-nine (29) Nephelometric Turbidity Units (NTU's) above background beyond fifty (50) feet from the point of discharge. Turbidity levels shall be monitored continuously when turbidity plumes are visible beyond a 50 foot radius of the turbidity control device in place. If turbidity levels exceed twenty-nine NTU's above background beyond 50 feet, all construction shall be halted and additional turbidity controls implemented. This project shall not be resumed until the contractor has implemented additional control methods and has received authorization from DERM to com~nence work. At DERM's discretion, turbidity samples may be required and shall be collected in accordance with Section 24-11(5) (c) or as specified by DERM and the results sent directly to the DERM Project Manager on a weekly basis. Ail runoff resulting from the dewatering shall be contained on the uplands. Prior to the commencement of the dredging for the spoil of the spoil material the final disposal site shall be submitted in writing and approved by DERM. Sheet 2A 11. The contractor shall take all necessary precautions to prevent construction and vegetative debris from falling into the water. Any debris which does fall into the water shall be removed immediately. Ail work shall be performed in accordance with the bulkhead and maintenance dredge plans entitled "Aventura Lakes Wooden Bulkhead Construction Plans for Trafalgar Associates of Aventura Ltd."; prepared by Louis R. Campanile, Jr., P.E.; signed and sealed on March 28, 1996; as modified by the CCL Consultants, Inc. letter dated May 30, 1996, herein incorporated by reference (copy attached), and further modified pursuant to the EQCB hearing to include the treatment of tie rods with 4 mils of coal-tar epoxy, wrapped in burlap, and re-coated with 4 mils of coal-tar epoxy for additional corrosion protection. The bulkhead installation shall occur only in the exact location of the proposed wooden bulkhead as shown on the plans entitled "Aventura Lakes Typical Wooden Bulkhead Details"; prepared by Louis R. Campanile, Jr., P.E.; and signed and sealed on March 28, 1996. The bulkhead installation shall be completed within six (6) months of phase I permit issuance. The permittee agrees to conduct a surface water and sediment sampling program consisting of the following components: 1) chromium, arsenic, and copper will be sampled at three surface water locations and at three sediment locations, in front of the proposed bulkhead, 2) a background set of surface water samples and sediment samples will be obtained prior to construction of the bulkhead, and 3) three additional surface water sample events will be conducted on a bi-monthly basis and two additional sediment sampling events will be conducted one year and two years, after completion of the bulkhead. Within thirty (30) days of each sampling event, the permittee shall submit a sampling plan, to this Department, showing the exact water quality and sediment sampling locations, which will include water conditions and any additional site observations. If the bulkhead is not completed within six (6) months after issuance of the Phase I permit, under written approval from our Department, the sampling schedule may be subject to change to accurately reflect the conditions of the site. The permittee agrees to repair and maintain the culverts located in the northeast and southeast corners of the lake in order to reestablish maximum hydraulic capacity. An engineering study shall be submitted within six months of issuance of this permit describing the structural condition of the culverts and the amount of material accumulation. The study shall include a plan to repair and maintain the culverts, including a timetable for implementation. The repair plan shall be implemented after it is approved by DERM in accordance the authorized timetables. Sheet 2B 12. 13. 14. 15. 16. The permittee agrees to comply with the permit water quality and sediment monitoring requirements in the event that the permit expires, or the subject property is sold without transferring the permit. In order to mitigate for mangrove removal for the bulkhead, off-site mitigation at Highland performed as follows: the construction of Oaks Park shall be a) Scrape down of 3.09 acres of uplands surrounding the existing lake at Highland Oaks Park to create a littoral zone and forested wetland habitat to a DEP24 approved elevation suitable for planting. b) Removal and reconstruction of a portion of an existing bike path which surrounds the lake. The path shall be removed to perform the scrape down work and will then be reconstructed at the lower elevation in a manner acceptable to the Dade County Parks and Recreation Department and DERM. c) Installation of a box culvert (or DERM approved equivalent) underneath the recreated bike path bridge to provide a flow way from the proposed forested wetland area to the existing lake. The bridge shall provide 24 feet in width of water flow. d) Approximately 32 trees which are located in the project area shall either be removed, relocated or remain as tree islands. Specifications to be included on mitigation plans. e) Two vita course stations located in the scrape down area shall be recreated after the scrape down is completed in a manner acceptable to the Dade County Park and Recreation Department. f) Ail mitigation work will be performed in accordance with the mitigation plans entitled "Aventura Lakes Offsite Mitigation Program at Highland Oaks Park For Trafalgar Associates of Aventura, Ltd."; dated Qn July 1, 1996 and approved by this Department. Any deviation from the approved plans for this project shall be submitted to and approved by DERM prior to the commencement of this project. A copy of this permit must be kept on-site during all phases of this project. This permit is valid only for as long as the subject property is owned by the permittee. Should the permittee wish to sell the property prior to the expiration of this permit, the permittee shall insure that a complete application for transfer of the permit is submitted to DERM not less than 30 days prior to the date of transfer in order for the permit to be transferred effective at the time of property transfer. Sheet 2C 17. 18. 19. The time allotted to complete the work for which this permit has been issued shall be limited to the period stipulated on the permit unless the permittee requests an extension of time from the Department in writing at least thirty (30) days prior to the date of permit expiration. Applications for extensions of time which are not timely filed pursuant to Section 24-58.9(B) (2), Dade County Code will be returned to the applicant. A performance bond in the amount of $135,00.00 and a mitigation bond in the amount of $172,463.00 shall be held to ensure compliance with the permit. Failure to comply with any part of the permit including timetables shall result in enforcement action which shall include but not be limited to the revocation of all or a portion of the bonds. The Covenant executed on March 14, 1996 running with the land in favor of Metropolitan Dade County is herein incorporated by reference. The permittee shall comply with the terms, limitations, conditions and restrictions of the covenant. (copy attached) I HAVE READ ALL THE AFOREMENTIONED "SPECIFIC CONDITIONS" LISTED ABOVE ON SHEETS 2A THROUGH 2C AND FULLY UNDERSTAND THEM. I AGREE TO FULLY COMPLY WITH ALL CONDITIONS OF THIS PERMIT. I UNDERSTAND AND ACKNOWLEDGE THAT FAILURE TO COMPLY WITH ALL CONDITIONS OF THIS PERMIT MAY RESULT IN BOND FORFEITURE, PERMIT REVOCATION, FINES, AND/OR THE FILING OF AN ENFORCEMENT ACTION AGAINST ME BY DERM. I HEREBY ACKNOWLEDGE THAT I AM FULLY RESPONSIBLE FOR THE IMPLEMENTATION OF ALL WORK AUTHORIZED UNDER THIS PERMIT AGREEMENT AND AGREE TO TAKE FULL RESPONSIBILITY FOR ENSURING ADHERENCE TO ALL CONDITIONS, LIMITATIONS AND RESTRICTIONS CONTAINED IN THIS PERMIT AGREEMENT. I FURTHER AGREE TO ASSUME FULL RESPONSIBILITY FOR THE ACTIONS OF ALL MY EMPLOYEES, AGENTS AND PERSONS UNDER DIRECT OR INDIRECT CONTRACTUAL OBLIGATION TO ME WITH RESPECT TO THE WORK AUTHORIZED HEREIN. I FURTHER AGREE TO ENSURE THAT ALL SUCH EMPLOYEES, AGENTS, AND PERSONS SHALL ABIDE BY ALL CONDITIONS, LIMITATIONS AND RESTRICTIONS CONTAINED IN THIS PERMIT. Trafalgar Associates of Aventura, Ltd. By: Trafalgar Associates of Aventura, Inc. its GP Signed: Date: ~_~ ( _~-~ President'Y Sheet 2D PERMITTEE 5. APproximate Costs: Item Cost of Construction Performance Bond Mitigation Bond Estimated Cos6 $135,000.00 N/A $172,463.00 Bond Amount N/A $135,000.00 $172,463.00 6. TQ~t Amount of Performance Bond Reauired: $307,463.00 Pre-Work Conference: At the discretion of the Director, a pre-work conference may be held prior to the commencement of any work under this Permit between the Permittee, the Contractor and Engineer, and representative(s) of DERM together with any property owners or other persons whose interests may be affected by the work. o -B '1 P1 n may be required by DERM within thirty (30) days of completion of the project. A~encies other than DERM from which approval may be necessary checked): South Florida Water Management District Dade County Public Works Department for use of explosives Dade County Department of Planning, Development and Regulation U.S. Army Corps of Engineers State of Florida Department of Environmental Protection (as Recommended: ~/ Co~i Program IN WITNESS WHEREOF the said DADE COUNTY, Agreement to be executed in its name Contractor and Permittee have caused executed in their names. FLORIDA has caused this Permit by the Director of DERM, and this Permit Agreement to be Sheet 4 WHEN THE CONTRACTOR IS AN INDIVIDUAL QR PARTNERSHIP Witnesses Contractor SIGN DATE WHEN THE CONTRACTOR IS A CORPORATION Secre~tary ,lose Ant~t~o Gonzalez DATE 7-3-96 Trafalgar Associates, Inc. (Correct Name of/~orporation) Presideht Ramon R. Cacicedo (AFFIX CORPORATE SEAL) WHEN THE PERMITTEE IS AN INDIVIDUAL Witnesses Owner .SIGN DATE DATE. 7-3-96 WHEN THE PERMIT~EE IS A ~ARTNERSHIP Trafalqar Associates of Aventura, LTD. (,C. orrect Name of Partn~,~hip.) By. Trafalgar Assoc4ates~f AV/~, In~/Its Geneiml Partner --~-~n~ Ram~n R. Cactcedo (AFFIX CORPORATE SEAL) Is'sued On: 7-~-~ BYDire~6~/~/~/~Or his ~ Designee THE ISSUANCE OF THIS PERMIT DOES NOT RELIEVE THE PERMITTEE AND/OR CONTRACTOR FROM OBTAINING ALL REQUIRED FEDERAL, STATE AND LOCAL PERMITS. Sheet 5 EXHIBIT "F" CITIZEN COMMENTS ?~Y - 9 1997 COMMUNI'f¥ ~LV ELL~Vh..{i ~ MR & MR8 WILLIAM MCNALLy BRAVURA H UNIT 5O2 3101 N COUNTRY CLUB DRIVE AVENTURA FL 33180-1616 May 13, 1997 Community Development Department City of Aventura 2999 NE 191 Street, Suite 500 Aventura EL 33180 Reference: Notice of Public Hearing, June 3, 1997 Trafalgar Associates of Aventura, Ltd. Application Number 01-~RC-96 Property lying between NE 50 Ave. and NE 34 Ave. between NE 207 St. and NE 213 St. We strongly believe it is paramount to conservation area. Please do not give Trafalgar Associates another inch of that natural land. Thank you for your consideration. Sincerely, ~ ~ William g. ~cNally~ Fran McNally PRESERVE the of Aventura, Ltd. CITY OF AVENTURA GOVERNMENT CENTER 2999 N.E. 191 ST STREET RECEIVED ._~ AVENTURA, FLORIDA :3:3180 COMMUNITY DEVELOPMENT ARTHUR I 5NYDER MAYOR NOTICE OF PUBLIC HEARING ARTHUR BERGER Date and Time of Public Hearing: Tuesday, June 3, 1997 JAY R. BESKIN 6:00 pm KEN COHEN Applicant Name: Trafalgar Associates of Aventura, Ltd. HARRY HOLZBERG JEFFREY M. PERLOW Applicant Request: The applicant is requesting a modification of a PATRICIA ROGER$-LIBERT previous agreement to permit a reduction of the conservation area in order to increase open ER,C M. SOROKA /~_~ CITY $ space of residential area. Application Number: 01-MRC-96 d..o.x~.~,~- ,-~,~~'/ ~/~ ~'o Location Of Subject Property: lying between NE 30 Avenue and NE 34 Avenue x~,,c~-/ / between NE 207 Street and NE 213 Street Legal Description: Lengthy Legal - See back. /~ ~/~_ ,,~,~ ~/c /'~ Size of Subject Property: 97.14 acres ,,~'/x°~'~° //,~ Plans are on file and may be examined during regular business hours in the City of Aventura, Community Development Department, 2999 NE 19t Street, Suite 500, Aventura, Florida, 33180. Plans may be modified at or before the Public Hearing. The Public Hearing will be held at Columbia Aventura Medical Arts Building, 21110 Biscayne Boulevard, Suite 10t, Aventura, Florida, 33180. Your comments may be made in person at the hearing or filed in writing prior to the hearing date. It is recommended that same be mailed at least three (3) days (excluding Saturdays, Sundays and Holidays) before the hearing date. Refer to applicant/property on correspondence and mail same to City of Aventura, Community Development Department, 2999 NE 191 Street, Suite 500, Aventura, Florida, 33180. For further information, please call (305) 466-8940. Please advise others interested. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the City Clerk, 466-8901, not later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City 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. PLEASE NOTE THAT THE APPLICATION MAY CHANGE DURING THE HEARING Clerk PROCESS. ~-~''c~'~/~ /~/~/..~,~ Teresa M. Smith, C.M.C., City 05/03/97 ~C' ~o ~CT-,z/~" C ~-~'~ PHON~: 305-,4.55-8900 ' FAX: 305-466-8939 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA; AMENDING A PREVIOUSLY RECORDED DECLARATION OF RESTRICTIVE COVENANTS, AS RECORDED IN THE PUBLIC RECORDS OF DADE COUNTY (beginning at O.R. 17128 P. 521), AMENDING PREVIOUSLY APPROVED ZONING RESOLUTIONS Z-86-95, AS APPROVED BY THE DADE COUNTY COMMISSION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is now governed by the City Council of the City of Aventura; and WHEREAS, the City of Aventura recognizes Resolution Z-86-95, passed and adopted by the Board of County Commissioners on the 8th day of June, 1995 and further modified by Resolution Z-189-95, passed and adopted by the Board of County Commissioners on the 19th day of December, 1995 and further modified by Resolution Z-29-96, passed and adopted by the Board of County Commissioners on the 8th day of February, 1996; and WHEREAS, the Applicant, Trafalgar Associates of Aventura, Ltd., proffered a Declaration of Restrictions which provided legal descriptions of certain Residential Lands and a Conservation Parcel, as well as including specific acreage for said Conservation Parcel; and WHEREAS, the purpose of this request is to allow the applicant to modify the Declaration of Restrictions recorded beginning at Official Record Book 17128, Page 0521 on the 14t~ day of March, 1996, only as it applies to the subject property; and WHEREAS, the purpose of this request is to allow the applicant to proffer a new Declaration of Restrictions, revising the legal description for the Residential Land and revising the legal description for the Conservation Parcel of the property and modifying the size of said Conservation Parcel; and Resolution No. Page 2 WHEREAS, the Community Development Department recommends approval of these requests subject to conditions; and WHEREAS, following proper notice, the City Council has held a public hearing, as provided by la~ and WHEREAS, the City Council finds that the requested modifications are reasonable and consistent with all previous approvals. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 01-MRC-96 for Modification of Declaration Restrictions on property legally described as: See Exhibit #1 for the legal description of the subject property. is hereby granted subject to each of the following conditions: of STANDARD CONDITIONS FROM: TO: ;and Section 2. That in the approval of same the legal description for the Residential Area shall be revised See Exhibit A See Exhibit C Section 3.. That in the approval of same the legal description for the Conservation Area shall be revised FROM: See Exhibit B Resolution No. Page 3 TO: See Exhibit D ;and Section 4. That the area of the Conservation Parcel be modified from 33.79 to 32.614 acres. Section 5. That the applicant, Trafalgar Associates of Aventura, Ltd., are hereby instructed to submit to the City Attorney for review and approval, and upon such approval to the City Clerk for recordation in the Official Records of Dade County, Florida, a revised Declaration of Restrictions, consistent with the above. Section 6. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Councilmember who moved its adoption. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Councilmember Jay R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Patricia Rogers-Libert Vice Mayor Jeffrey M. Pedow Mayor Arthur I. Snyder PASSED AND ADOPTED this 3rd day of June, 1997. ATTEST: TERESA M, SMITH, CMC CITY CLERK ARTHURI. SNYDER, MAYOR APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Resolution No. Page 4 This Resolution was filed in the Office of the City Clerk this __. day of ,1997. CITY CLERK EXHIBIT 1 LEGAL DESCRIPTION OF THE SUBJECT PROPERTY C.C.L. CONSULTANTS INC. ENGINEERS SURVEYORS PLANNERS LANDSCAPE ARCHITECTS ENVIRONMENTAL CONSULTANTS 21155 SALZ[O0 STREET SUITE 202 ' COP. N. GABLES. FL 331'~4 * (~05) 448--8955 ORLANDO POMPANO BEACH MIAMI THIS DESCI IPT I · ~-:-:-:-:-:-2 ~t~,c~ . NOT TO SCAt.[ // .... ~ .~:~ DESCRIPTION: Residentiol Area A portion of TRACTS A, B and C, "DONN ACRES", according to the Plat thereof, as recorded in Plat Book 76, at Page 50, of the Public Records of Dada County, Florida, sald poHlon being more particularly described as follows: Commencing at the Northeast corner of Section 54, Township 51 South, Range 42 East, Dada County, Florida; Thence South 01'59'05" East, on the East line of said Section 54, for 658.95 feet fo the Northeast corner of EXHIBIT "B", as described and shown In that RIGHT OF WAY DEED TO DADE COUNTY recorded In Official Records Book 12159, at Page 5605 of said Public Records; Thence South 88'26'52" West, on the North line of said EXHIBIT "B", for 40.00 feet to Northwest corner of said EXHIBIT "B"; Thence South 01'59"05" East, on the West line of said EXHIBIT "B", for 50.48 feet to a parallel line 709.41 feet South of the North line of said Section 34; Thence South 86'26'05" West, on sald parallel line, for 465.14 feet to the POINT OF BEGINNING; NOTES: t. 5. BEARINGS ARE BASED ON THE SOUTH UNE OF EXHIBIT 'A", O.R.B. t2159. Pg. 5605. O.C.R., (South 88'08'00' West). UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED or A OR GA UCE.SEG suRvEyoR ANo DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATO t"VPTIF'IC'ATIt'IM. I PURPOSES ONLY ANO IS NOT VAUD. ~' ............... [ LANDS SHOWN HEREON WERE NOT ABSTRACTED BY I HEREBY CERT FY that the attached Sketch and Legal OescrlpNonl CCL CONSULTANTS, INC. FOR EASEMENTS AND OR RIGHTS- la true and correct tO the best of my knowledge and belief and[ OF-WAY OF RECORD. that It meets the Minimum Technlaal Standards set forth by the I OATA SHOWN HEREON WAS COMPILED FROM OTHER Florida State Boord of/~.and Surveyors In Chapter 61G17-6, INSTRUMENTS ANO OOES NOT CONSTITUTE AFIELO SURVEY Iqodda Admlnlstruflve ;ode, p'~rsuant to Chapter 472,027 F.S. J AR suc.. / CCL CONSULTANTS. INC.s CERTIFICATE OF AUTHORIZATION [~ / J No. 5610. IS ISSUEO ElY THE FLORIDA DEPARTMENT OF ~, ~ /,~ -/ - ' BUSINESS AND PROFESS ONAL REGULATION ~'~"~- / / ,/// ~ [ REV1SONS O~lt. , o* [. ] I ~1Jan~s A. Namllton~ IlL P.S.I~. I I [~'I~FESSIONAL SURVEYeB & MAPPER I "[406, STATE OF FLORIDA I I I IDATE: .... DRAWN I CHECKED FIE= I I I ..... t O/2t/~J6 BY J.R.C. BY BOOK C.C.L. CONSULTANTS INC. ENGINEERS SURVEYORS PLANNERS LANDSCAPE ARCHITECTS · ENVIRONMENTAL CONSULTANTS 2555 SALZEDO STREET SUITE 202 · CORAL GABLES, FL 35154 * (505) 448-8955 ORLANDO POMPANO BEACH MULMI Thence continue South 88'26'05" West, on said parallel line, for 160.70 feet fo on East line of sold TRACT A; Thence continue South 88'26'05" West, on said parallel Ilne for 1105.82 feet fo o polnf af the beginning of o non-tangent curve concave fo the Northwest hovlng o rodlus of 4964.09 feet, o central angle of 06'15'29" and fo said point a radial line bears South 75-$2'11" East; Thence Southwesterly, along said curve, for 542.20 feet; Thence South 22'43'18" West, for 481.87 feet fo the Easterly. prolongation of a Southerly line of said DONN ACRES; Thence South 88'12'28" West, on said Easterly prolongation and said Southerly llne, for 445.74 feet fo a parallel line 10.00 feet Westerly of a Westerly line of sald DONN ACRES; Thence South 02'55'$2" East, on said parallel line, for 901.05 feet to the beginning of a tangent curve concave to the Northeast having a radius of 25.00 feet; Thence Southerly and Southeasterly, along said curve, through a central angle of 55'06'22", for 25.17 feet to the West line of EXHIBIT "A" of sald RIGHT OF WAY DEED TO DADE COUNTY; Thence continue Southeasterly and Easterly, along said curve, through a central angle of 55'50'06", for 15.64 feet to a parallel line 8.00 feet South of the North line of sald EXHIBIT "A"~ Thence Noflh 88'08'00" East, on sald parallel llne, for 1776.55 feet; Thence North 01'52'00" West, for 8.00 feet to sald North llne of EXHIBIT "A"; Thence North 01'59'0:5" West, for 416.55 feet; Thence North 16'58'46" West, for 55.84 feet to the beglnnlng of a tangent curve concave to the Southwest having a radius of 50.00 feet and a central angle of 42'22'44"; Thence Northwesterly, along sald curve, for 56.98 feet; Thence North 59'01'50" West, for 124.58 feet to the beginning of a tangent curve concave to the South having a radlus of 179.50 feet; Thence Northwesterly and Westerly, along said curve, through a central angle of 14'52'11", for 46.58 feet fo a Southerly line of sald TRACT A; Thence continue Westerly, along sald curve, through a central angle of 07'07'16", for 22.51 feet to the point of reverse curvature with a curve concave to the North having a radius of 180.50 feet and a oentral angle of 09'$7'18"~ Thence Westerly, along said curve; for 50.51 feet; Thence North 71'25'59" West, for 112.55 feet to the beglnnlng of a tangent curve concave to the Northeast having a radius of 40.00 feet and a central angle of 55-52'29"; Thence Westerly and Northwesterly, along said curve, for 25.65 feet; Thence North 57'51'10- West, for 54.92 feet to the beginning of a tangent curve concave fo the East havlng a radlus of 122.00 feet and a central angle of 57.21'10; Thence Northwesterly, and Northerly, along said curve for 122.12 feet; Thence North 19'50'00" East, for 149.74 feet; Thence North 17'41'55" East, for 177.12 feet to the beginning of a tangent curve concave to the Southeast havlng a radius of 140.00 feet and a central angle of 70'26'07"; Thence Northeasterly and Easterly, along said curve, for 172.11 feet; Thence North 88'08'00" East, for 279.15 feet to a Westerly line of said TRACT B; Thence continue North 88'08'00" East, for 16.98 feet to the beglnnlng of a tangent curve concave fo the Northwest having a radius of 155.00 feet; Thence Easterly and Northeasterly, along said curve, through a central angle of 48'11'27", for REVISIONS DATE BY 10/21/96 BY J.R.C. BY IFIIrLD BOOK N/A C.C.L. CONSULTANTS INC. ENGINEERS SURVEYORS PLANNERS LANDSCAPE ARCHITECTS . ENVIRONMENTAL CONSULTANTS 2355 SALZ£DO ~IREET SUITE 202 * CORAL GABLES, FL ~3134 · (305) 445-8955 ORLANDO POMPANO BEACH MIAMI 115.55 feet; Thence North 59'56'55" East, for 5.46 feet fo the South line of said TRACT C; Thence continue North $9'56'55" East, for 4.26 feet to the beglnnlng of a tangent curve concave fo the Northwest having a radius of 160.00 feet and a central angle of 42'55'40"; Thence Northeasterly,and Northerly, along said curve, for 118.95 feet; Thence North 02'59'07' West, for 496.98 feet fo the POINT OF BEGINNING. Said lands containing 65.081 Acres, more or less. Sold lands lying and belng In the City of Aventura, Dade County, Florida. Subject to easements, rights of way, reservations and restrictions of record, if any. REV~S~O~,S DATE By DATE,' DRAWN CHECKED FIELD 10/21/96 BY J.R.C. BY BOOK C.C,L. CONSULTANTS INC, ENGINEERS SURVEYORS PLANNERS LANDSCAPE ARCHITECTS ENVIRONMENTAL CONSULTANTS ORLANDO POMPANO BEACH MIAMI LEGEND Point of Commencement N.E. Corner of North llne of Secfi~ 54-51-42 ~ = Center llne D.C.R. = Dada County Records A = Della (Cenfr~l Angle) __ /.~ -- ~. ~- L = Length of Arc I~ A C / , O.R.B. = Offlclol Records Book ~ [~ ~/7~ P-. 50 D.C.R.) ~:~ Pg. = Page ~ tF.y. /~, ~ , / ~ ..,, TRACT B / . ..--"':;:" (P~. 76. ~. ~, v.c.~) ~-~ - T R A C T A [ ,.. ..... / POINT of (~.~. 7~, ~. ~0, ~.C.e.) ',::=- ...[ ~ / ~E~"N~"~ ~-' k P ...... I~ / ......... ~ ' /I~. : -.. ~ ~ ~ ~ .'" . , ~.~.~o,~ ~ !/ o~ I~'- [ /// X~ (~.e. 76. Pi. ~, O.C.~.) t/ ~1TM [~ i /~' /I I . 1 ............ ' ............... . SCALE: 1"=200' J J '~ J/:" J .......... / I ]~:,--~ ~ '"'- I ' J~J I~1 /' R~[O~S oA~ ~ I ~ I I"I DATE: DRAWN CHECKED fiELD '10/21/96 BY ,~.R,C. BY BOOK N/A CoC.L. CONSULTANTS INC. ENGINEERS SURVEYORS PLANNERS LANDSCAPE ARCHffECTS · ENVIRONMENTAL CONSULTANTS ORLANDO POMPANO BEACH MIAMI TRACT (P.B. 76, Pg. sss'26'o3'w 11o5,82' Al 50, D.C.R,,).=:~ ........ CT A Pg. $0, D.C.R. LEGEND D.C.R. ,,~ L O.R.B. Pg. P.B. R Rec. Center line Dade County Records Delta (Central Angle) Length of Arc Offlclal Records Book Page Plat Book Radlus Record (O.R,B. 5478, Pg. 122, (P.e. 76. Pg. 50. D.C.R.) 'DONN (Plat Book 76, 172.11' CR Page Pg. 122. D.C~.R.) 7e. Pg. REVISIONS SCALE: 1" =200' TRACT (P.B. 76, Pg. DATE BY TRAC (P.e. 76, Pg. DRAWN CHECKED FIELD BY J.R.C. BY BOOK C.C.L. CONSULTANTS INC. ENGINEERS SURVEYORS PLANNERS LANDSCAPE ARCHITECTS * ENVIRONMENTAL CONSULTANTS ORLANDO POMPANO BEACH MIAMI TRACT A (P.B. 76, Pg. .30, D.C.R.), _ -4 - "00 /(P..a. '~. ~ 30. D [-~--10.00' Center llne of Iqorld~ I ~ = Center llne Po~er & Light Ce. easement I D,C.R, = Dada County Records (O.R.8. ;~478, Pg. 122, B.C.R.) ~ ~ = Delta (Central Angle) (: ~ (P.B. 76. Pg. ,,~0. D.C.R.)/I L = Length of Arc '~ I O.R.B. -- Offlolal Records Book Pg. = Page ,~ P.B. = PI~t Book R = Radius ~ I Rec. = Record ......... _ tRACt A ............ I ! ..., I ,._ I,~ 3 ~,~..~i,.~,.,o~s .-"' . , 'i ~- ...... __~__~ - _ _______~. _~.~._._~ .~_~.~ ~ ,~,~. ~ ............. ........_ ..,---.. · ........ --~--~ 03 s[cnoB 94-51--42 110' R/~ REVISIONS DATE BY 10/21/96 BY JJLC. BY BOOK C.C.L. CONSULTANTS INC. ENGINEERS SURVEYORS PLANNERS LANDSCAPE ARCHITECTS ENVIRONMENTAL CONSULTANTS 2355 SALZEO0 SI~EET SUITE 202 · CORAL CABLES, FL 33154 · (505) 448--8955 ORLANDO POMPANO BEACH MIAMI 42'~'4o" I I "'~' I "'-... West line of N68'0~'00' E 279.13' CRES" I P o g e Jo, c. EGEND' ..... ,L ........ ?~ ~ = Center llne T R A C T A "'::: ~ D.C.R. = Dode County Reoords A = Delto (Cenlnll Angle) (P.B. 76, Pg. JO, D.C.R.)'"'..~ ......... L = [enoth of Arc ~ A- ~-nm~. ! ~ .... '-... O.R.B. =Offl¢lal Rocords Book A ~ PO. = Page .. ~ ". P.B. = PI<d Book ~ - o~'~' ~- ~-er~' / { '::R = Radius L = ao..~' -- / I ttec. = Record · .' / , .'_.__.J ~. - 42'2T44' ONN o k 76, N37'~l'l~W "TRACT 76, Pg. (P.B. SCALE: 1"=200' ....... TRACT B s.~'...::./ (P.B. 76, Pg. JO, D.C.R.) Jo, o.c.~.) ......... ' .... h'Ol'52~O'w iTne of EXHIBff 'A' 110' totol .. ,.- rVw ~,. ~ tine of the N.E. 1/4- of Section 54-51-42 SOB'08'O0"W ' ' ~ N.E. 2 0 7 t h S t r e e t (P.B. 90, Pg. 23, REXqSIONS DATE BY DATE: CHECKED RELD 10/21/96 BY d.R.C. BY 800K N/A CoC.L. CONSULTANTS INC. ENGINEERS SURVEYORS PLANNERS LANDSCAPE ARCHITECTS · ENVIRONMENTAL CONSULTANTS 2555 SAI. Z£DO STREET SUITE 202 · CORAL GABLES, FI.33134 · (505) 448-8955 ORLANDO POMPANO BEACH MIAMI N NOT TO SCALE DESCRIPTION: co ¥otio. Areo A portion of TRACTS A, B and C, "DONN ACRES", according to the Plat thereof, as recorded in Plat Book 76, at Page $0, of the Public Records of Dada County, Florida, said portion belng more porticulaHy described as follows: Commencing af the East Quarter corner of Section 54, Townshlp 51 South, Range 42 East, Dada County, Florida; Thence North 01'59'05" West, on the East Ilne of sold Section 54, for 75.00 feet to the Northeosf corner of EXHIBIT "A", as described and shown in that RIGHT OF WAY DEED TO DADE COUNTY recorded .~ m In Official Records Book 12159, at Page 5605 of sald Public Records; Thence · South 88'08'00" West, on fha North line of said EXHIBIT "A", for 70.22 feet fo .c: the POINT OF BEGINNING ot the Most Westerly corner of EXHIBIT "C" of said RIGHT m OF WAY DEED TO BADE COUNTY; Thence continue South 88'08"00" West, on 'sold ~- North Ilne, for 727.76 feet; Thence North 01'59'05" West, for 416.55 feet; Thence North 16'58'46" West,. for 55.84 feet to the beglnnlng of a tangent curve concave '~ to the Southwest, having a radius of 50.00 feet and a central angle of 42'22'44"; .- NOTES: s. BE&RINGS ARE BASEO ON THE SOUTH UNE OF EXHIBIT "A", O.R.8. 12159, Pg. 5605, D.C.R., (South 88'08'00" West). 1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER, THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL ~'~'DTI~I~"~&TIAkI. PURPOSES ONLY AND IS NOT VAUD. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY I HEREBY CERTIFY that the aflached Sketch and Legal Desortptlon CCL CONSULTANTS, INC, FOR EASEMENTS AND OR RIGHTS- Is true and correct, to the beet of my kno. wla.dge .and .b. ell. ef OF-WAY OF RECORD. that t meets the Minimum Teehnlcal Stanaame eat form ay $. DATA SHOWN HEREON WAS COMPILED FROM OTHER Florida State Board of/Lend Surveyors In Chapter 61017-6, INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SURVEY Florida Administrative/Code, pursuant to Chapter 472.027 suc,. / 4. cc, CO.SULTA~S. I,C.. CE,~InC*TE OF AUmOelmlO, I~ . l No. 5610, IS ISSUED BY THE FLORIDA DEPARTMENT OF ~ /'~ .f [ / DusI.ESS AND PROFESSIO" L .EGULAT,O. RmSO,S OATE BYL F ' , ' ,- [ I ~.Jee ~..~m,,o., it,. p.~'.~. I I %e~6FESS~,AL SU.,eV~o~, ,APpER ~, ~,oe. STATE oF ~oeioA I I OATE.' .... I'bRAWN CHEC.[O I hELD I I J ......10/18/961 BY J.".C. I aY I BOOK C.C.L. CONSULTANTS INC. ENGINEERS SURVEYORS PLANNERS LANDSCAPE ARCHITECTS · EN~RONMENTAL CONSULTANTS 2.~55 SAJ. ZEDO STREET SUITE 202 * CORN. GABLES, FI.33134 · (.~05) 448-8955 ORLANDO POMPANO BEACH MIAMI Thence Northwesterly, along sold curve, for 56.98 feet; Thence North 59'01'50" West, for 124.38 feet fo the beginning of a curve concave to the South hoving a radius of 179.50 feet; Thence Northwesterly and Westerly, along said curve, through a central angle of 14'52'11", for 46.58 feet to o Southerly line of sold TRACT A~ Thence continue Westerly, olong said curve, through a central ongle of 0T07'16", for 22.51 feet to the polnf of reverse curvefure with o curve concave to the North heving o radius of 180.50 'feet ond e cenfrel ongle of 09'57'18"; Thence Westerly, elong seid curve, for 50.51 feet; Thence North 71'25'59" West, for 112.55 feet to the beginning of e tengenf curve conceve to the Northeast heving o rodius of 40.00 feet end a cenlrel angle of $5-52'29"; Thence Westerly and Northwesterly, elong seld curve, for 25.65 feet; Thence North 57'51'10- West, for 54.92 feet to the beglnnlng of e tangent curve concove fo the Eesf hevlng o radius of 122.00 feet ond e central ongle of 57'21'10"; Thence Northwesterly, and Northerly, elong said curve for 122.12 feet; Thence North 19'50'00" Eosf, for 149.74 feet; Thence North 17'41'55" Eost, for 177.12 feet to the beglnnlng of a tongenf curve concove to the Southeesf heving o rodlus of 140.00 feet and a centrol angle of 70'26'07"; Thence Northea~s,terly and Easterly, along said curve, for 172.11 feet; Thence North 88'08'00 East, for 279.1~5 feet fo a Westerly line of said TRACT B; Thence continue North 88'08'00" East, for 16.98 feet to the beglnnlng of a tangent curve concave to the Northwest having a radius of 155.00 feet; Thence Easterly and Northeasterly, along said curve, through a central angle of 46'11'27", for 115.55 feet; Thence North 59'56'5:5" East, for 5.46 feet to the South llne of sold TRACT C; Thence continue North 59'56'55" East, for 4.26 feet to the beginning of a tangent curve concave to the Northwest, having a radlus of 160.00 feet and a central angle of 42'55'40"; Thence Northeasterly and Northerly, along said curve, for 118.95 feet; Thence North 02'59'07" West, for 496.98 feet fo a parallel line 709.41 feet South of the North line of said Section 54; Thence North 86.26'05" East, on sald parallel llne, for 465.14 feet to the West line of EXHIBIT "B" of said RIGHT'OF WAY DEED TO DADE COUNTY; Thence South 01'59'05" East, on sold West line, for 1820.52 feet to the blost Northerly corner of said EXHIBIT "C"; Thence South 45'04'28" West, on the Northwesterly llne of said EXHIBIT "C", for 42.58 feet to the POINT OF BEGINNING. Containing 52.614 Acres, more or less. Sald Lands lylng and belng In Dade County, Florlda. Subiect to easements, rights of way, reservations and If any. restrictions of record, REVISIONS DATE BY DBAWN BY I CHECKED FIELD J.R.C. 8Y BOOK C.C.L. CONSULTANTS INC. ENGINEERS SURVEYORS PLANNERS LANDSCAPE ARCHITECTS ENVIRONMENTAL CONSULTANTS 2555 S~.Z[OO STREET SUrf[ 202 * CORAL ON,LES. FL ;3~154 · (505) 448-8955 ORLANDO POMPANO BEACH MIAMI ~T31'IO*W 34~2' LEGEND West Gna of EXHIBIT N88'08'00' E 279.t 3' 1 "DONN IACRES" I B o o k 76,~ P o g e $0, D.C.R.) I ,,. 4ra.44' SCALE: 1"=200' = 50.00' = 36.08' ~_ = Center line D.C.R. = Dada County Records A, = Delta (Central Angle) L = Length of Arc O.R.B. = Offlclal Records Book pg. = Page P.B. = Plat Book R = Radius Rec. = Record r3a.46'w POINT OF BEG NN NC) Most Westerly corner of EXHIBIT "C" -~ r~e of C~4IaT 'A' 110' torsi R/W Street N.E. 207 th (,P.a. go, Pg. 23. D.C.R.) Point of Commencement EAST 1/4 comer of SECTION 54-51-42 , REVISIONS DATE BY 'corner of ~'~ EXHIBIT 'C ~ DATE: 10 DRAWN CHECKED FIELD /18/96 eY J.R.C. aY BOOK C.C.L. CONSULTANTS INC. ENGINEERS SURVEYORS PLANNERS LANDSCAPE ARCHITECTS ENVIRONMENTAL CONSULTANTS 2355 SN_ZEDO STREET SUITE 202 · CORAL GABLES. FI. 53134 · (30,5) 448-8955 ORLANDO POMPANO I~EACH MIAMI LEGEND D.C.R. /, L O.R.B. Pg. P.B. R Rec. = Center line = Bade County Records = Delfo (Central Angle) = Length of Arc = Offlclal Records Book = Page = Plat Book = Radius = Record SCALE: 1"=200~:', REVISIONS - N88'26'03' £ Center fl~ne of Florida Power & Ught Co. e~sement (O.R.B. 3478, Pg. 122. D.C.R.) (P.S. 76. Pg. 30. D.C.R.) N88'26'05' [ North llne ol Section 3¢-5t-42 ~ / 279.13' I N.E. Corner of Section 34--51-42 ~ ~ Z R= 160.00' West llne of EXHIBIT OA,TE aY DATE: DRAWN ICHECKED FIELO 10/18/96 BY J.R.C.IBY BOOK EXHIBIT "A" LEGAL DESCRIPTION RESIDENTIAL LAND orr. EXHIBIT A LEGAL DESCRIPTION RESIDENTIAL LAND A portion of Tracts A, thereof as recorded in Records of Dade County, as follows: B and C, DONN ACRES, according to the Plat Plat Book 76, at Page 30, of the Public Florida, being more particularly described Commence at the Northeast corner of said Section 34, Township 51 South, Range 42 East; thence run South 01°59,03- 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 01°59,03- East for 1820.26 feet; thence run South 43004.29" West for 42.47 feet; thence run South 88°08,00,, West for 2494.36 feet to, a point of curvature; thence run Southwesterly and Northwesterly, along a circular c6rve to the right having for its elements a central angle of 88o56,28.' and a radius of 25.?0 feet, for an arc distance of 38.81 feet to a point of tangency, thence run North 02°55,32,, 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 66°23'13', 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 31o34,39" 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 01°33,57- West for 112.43 feet; thence run North 88o26,03'. East for 1414.07 feet to the Point of Beginning; containing 87.52 acres, more or less. And A portion of Tracts A, B and 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 corner of said Section 34, Township 51 South, Range 42 East; thence run South 01o59'03'' East, along the Easterly line of said Section 34, for 709.14 feet; thence run South 88o00'57" 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 to a point of curvature; thence run Southeasterly and Southwesterly, along a circular curve to the right ha~ng 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 31°34'39" West for 397.90 feet to a point of curvature; thence run Southwesterly, along a circular 'curve to the left ,.aving 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; thence run South 88o12,28.' West for 299.50 feet; thence run North 22o43,18,, 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 06o15,29'. and a radius of 4964.09 feet, for an arc distance of 542.20 feet; thence run North 88°26,03- East for 315.59 feet the Point of Beginning; containing 7.63 acres, more or less. Together with [PORTION OF PROPOSED N.E. 213th STREET RIGHT-OF-WAY] 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 Section 34, Township 51 South, Range 42 East; thence run South 1°59,03" East, along the Easterly line of said Section 34, for 659.14 feet; thence run South 88o00'57'. West for 40.00 feet; thence run South 88o26,03- West for 1413.70 feet to the Point of Beginning; thence run South l°33,57" East for 50.00 feet; thence run South 88o26,03" West for 315.59 feet; thence run North lO33,57'' West for 50.00 feet; thence run North 88o26,03`' East for 315.59 feet to the Point of Beginning; containing 0.36 acres, more or less. Together with [ADDITIONAL PORTION OF PROPOSED N.E. 213th STREET RIGHT-OF-WAY] 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 Section 34, Township 51 South, Range 42 East; thence run South l°59,03'` East, along the Easterly line of said Section 34, for 659.14 feet; thence run South 88o00'57.` West for 40.00 feet to the Point of Beginning; thence run South 1°59-03" East for 50.00 feet; thence run South 88o26,03'. West for 1414.07 feet; thence run North 1°33,57" West for 50.00 feet; thence run North 88o26,03'. East for 1413.70 feet to the Point of Beginning; containing 1.62 acres, more or less. EXHIBIT "B" CONSERVATION PARCEL I? 128r 0546 EXHIBIT B LEGAL DESCRIPTION _CONSERVATION PARCEL 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 01059,03" East, along the Easterly line of said Section 34, for 709.14 feet; thence run South 88o00'57`` West for 40.00 feet to the Point of Beginning; thence run South 01059,0'3'. East for 1820.26 feet; thence run South 43004,29" West fom 42.47 feet; thence run South 88008,00.. West for 745.13 feet; thence run North lO52,00" West for 94.85 feet; thence run North 1°59,03,, 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 71023,39.. West for 228.92 feet to a point of curvature; thence run Northwesterly and Northeasterly, along a circular curve to the right having for its elements a central angle of 91o13,39.` and a radius of 150.00 feet, for an arc distance of 238.83 feet to a point of tangency; thence run North 19o50,00- 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 68018,00" and a radius of 150.00 feet, for an arc distance of 178.81 feet to a point of tangency; thence run North 88°08'00" 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 90o07,03" and a radius of 150.00 feet, for an arc distance of 235.93 feet to a point of tangency; thence run North l°59,03.' West for 403.22 feet; thence · run North lO33,57,, 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. EXHIBIT "C" NEW LEGAL DESCRIPTION FOR "RESIDENTIAL LAND" 2555 SALZEDO STREET ORLANDO INC. PLANNERS ENVIRONMENTAL CONSULTANTS SUITE 202 · CORAL GABLES, FL 55154 · (505) 448-8955 POMPANO BEACH MIAMI THIS DESCRIPT I. tt Loc fio Map '""' NOT TO SCALE // ' "~ .... ~ ~ ~ .,, ....... ,,, DESCRIPTION: ResidenUol Area A portion of TRACTS A, B and C, "DONN ACRES", according to the Plat thereof, as recorded In Plat Book 76, af Page 50, of the Publlc Records of Dada County, Florida, said portion being more particularly described as follows: NOTES: 1. Commencing at the Northeast corner of Section 54, Township 51 South, Range 42 East, Dada County, Florida; Thence South 01'59'05" East, on the East line of said Section 54, for 658.95 feet to the Northeast corner of EXHIBIT "B", os described and shown in that RIGHT OF WAY DEED TO DADE COUNTY recorded In Official Records Book 12159, at Page 3605 of said Public Records; Thence South 88'26'52" West, on the North line of said EXHIBIT "B", for 40.00 feet to Northwest corner of sold EXHIBIT "B"; Thence South 01'59"05" East, on the West line of said EXHIBIT "B", for 50.48 feet to a parallel line 709.41 feet South of fha North line of sold Section 54; Thence South 88'26'05" West, on said parallel line, for 463.14 feet to the POINT Of BEGINNING; 5, BEARINGS ARE BASED ON THE SOUTH UNE OF EXHIBIT 'A', O.R,B. $2139, Pg. 5605, D.C.R., (South 88'08'00' West). UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSEO SURVEYOR AND MAPPER, THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL CERTIFICATION: PURPOSES ONLY AND IS NOT VAED. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY I HEREBY CERTIFY that the attached Skstah and Legal Oeeorlptlon~ CCL CONSULTANTS, INC FOR EASEMENTS AND OR RIGHTS- s true and correctir. ~-'~,~1~-''r-lO lbo best of my knowledge and belief and OF-WAY OF RECORD. thai It meets the Minimum Technical Standards let forth by the DATA SHOWN HEREON WAS COMPILED FROM OTHER Florida State Board of/~.°nd Surveyors In Chapter 61GI7-6, INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SURVEY Florida Admlnlstrotlve ~ode, pErsuanf to Chapter 472.027 F.S. AS SUCH. CCL CONSULTANTS, INC.t CERTIFICATE OF AUTHORIZATION f~ No. 5610, I$ ISSUED BY THE FLORIDA DEPARTMENT OF ~, \ ,,~ -I - BUSINESS AND PROFESS ONAL REGULATION R SONS DATE 6Y J'~FESSIONAL SURVEYOk & MAPPER t 5406, STATE OF FLORIDA J DATE: . . DRAWN CHECKED FIELD J- 10/21/96 BY J.R.C. BY J BOOK 2555 SAi. ZEDO STREET ORLANDO INC. SURVEYORS PLANNERS · ENVIRONMENTAL CONSULTANTS SUITE 202 · CORAL GABLES, FL 55134 · (305) 448-8955 POMPANO BEACH MIAMI Thence continue South 88'26'05" West, on said parallel Ilne, for 160.70 feet fo on East tlne of sold TRACT A; Thence continue South 88'26'05" West, on said parallel line for 1105.82 feet to a point of the beginning of o non-tangent curve concave to the Northwest having o radius of 4964.09 feet, o central angle of 06'15'29" and fo said point o radial line bears South 75'52'11" East; Thence Southwesterly, along said curve, for 542.20 feet; Thence South 22'45'18" West, for 481.87 feet to the Easterly prolongation of o Southerly line of said DONN ACRES; Thence South 88'12'28" West, on said Easterly prolongation and said Southerly line, for 44..%.74 feet to o parallel line 10.00 feet Westerly of o Westerly line of sold DONN ACRES; Thence South 02'55'52" East, on said parallel line, for 901.05 feet to the beginning of a tangent curve concave fo the Northeast having o radius of 25.00 feet; Thence Southerly and Southeasterly, along said curve, through o central angle of 55'06'22", for 25.17 feet fo the West line of EXHIBIT "A" of sold RIGHT OF WAY DEED TO DADE COUNTY; Thence continue Southeasterly and Easterly, along sold curve, through o central angle of $5'50'06", for 15.64 feet to a parallel line 8.00 feet South of the North line of sold EXHIBIT "A": Thence North 88'08'00" East, on sold parallel line, for 1776.55 feet; Thence North 01'52'00" West, for 8.00 feet to sold North llne of EXHIBIT "A"; Thence North 01'59'05" West, for 416.55 feet; Thence North 16'58'46" West, for 55.84 feet to the beginnlng of o tangent curve concave to the Southwest having a rodlus of 50.00 feet and o central angle of 42'22'44"; Thence Northwesterly, along sold curve, for 56.98 feet; Thence North 59'01'50" West, for 124.58 feet to the beglnnlng of o tangent curve concave to the South having a rodlus of 179.50 feet; Thence Northwesterly and Westerly, along sald curve, through o central angle of 14'52'11", for 46.58 feet to o Southerly line of sold TRACT A; Thence continue Westerly, along sold curve, through o central angle of 07'07'16", for 22.51 feet to the point of reverse curvature with o curve concave to the North having a radius of 180.50 feet and a central angle of 09'57'18"; Thence Westerly, along said curve; for 50.51 feet; Thence North 71'25'59" West, for 112.55 feet to the beglnnlng of a tangent curve concave to the Northeast having a radius of 40.00 feet and a central angle of 55'52'29"; Thence Westerly and Northwesterly, along said curve, for 25.65 feet; Thence North 57'51'10- West, for 54.92 feet to the beginning of a tangent curve concave fo the East having a radius of 122.00 feet and a central angle of 57'21'10; Thence Northwesterly, and Northerly, along said curve for 122.12 feet; Thence North 19'50'00" East, for 149.74 feet; Thence North 17'41'55" East, for 177.12 feet to the beginning of a tangent curve concave to the Southeast having a radius of 140.00 feet and a central angle of 70'26'07"; Thence Northeasterly and Easterly, along said curve, for 172.11 feet; Thence North 88'08'00" East, for 279.15, feet to a Westerly line of said TRACT B; Thence continue North 88'08'00" East, for 16.98 feet fo the beginning of a tangent curve concave fo the Northwest having a radius of 155.00 feet; Thence Easterly and Northeasterly, along said curve, through a central angle of 48'11'27", for REVISIONS BY I I DATE: DRAWN ~ 10/21/96 BY BOOK N/A CHECKED J.R.C. BY ORLANDO INC. SURVEYORS PLANNERS ENVIRONMENTAL CONSULTANTS SUITE 202 * CORAL GABLES. FL 35134 · (505) 448-8958 POMPANO BEACH MIAMI 115.55 feet; Thence North 59'56'55" E=sf, for 5.46 feet fo the South line of sold TRACT C; Thence continue North 59'56'35" E=sf, for 4.26 feet fo the beginning of = fc~ngenf curve conc=ve fo the Northwest hovlng o rc~dius of 160.00 feet =nd (= centr=l c~ngle of 42'55'40"; Thence NoHhe=sterly,ond Northerly, (=long sold curve, for 118.95 feet; Thence North 02'59'07' West, for 496.98 feet fo the POINT OF BEGINNING. S(=id lends conf=ining 65.081 Acres, more or less. S<=ld lends lying c~nd being In the City of Avenfuro, D(=de County, Florid=. Subiect to e(=sements, rights of woy, reservofions =nd restrictions of record, if REVISIONS DATE BY DRAWN I CHECKED DATE: 10/21/96 BY J.R.C. BY BOOK C.C.L. CONSULTANTS INC. ENGINEERS SURVEYORS PLANNERS LANOSOAPE ARCHITECTS ENVIRONMFJ~rAL CONSULTANTS ORLANDO POMPANO BEACH ML~I Point of Commencement N.E. Corner of Section 34-51-42 LEGEND~, ~ = Center' line o.~,/ D.C.R. Dade County Records A Delta (Central Angle) -r-/~) A ~ ~ L Length of Arc ~ I/ ~ ~ ~ ~ O.S.S. Official Records Book ~ ~P ~/ 7~ P~. 50, Pg. Page ~ t~- ~' -~' ~ ' P.a. Plat Book ~ ~ ' Ra~Zu~ ~ Rec.R Record i ix ~ .,.-* TRACT B I ' ....... ?" (P.B. ~6, Pg. 30, D.C. RJ ~ ~ ~ I ......... *'*'* ~ T R A C ~ ~ I ........./ POINT of , (P.a ~6, Pg. ~o, aC.R.).,: ........... I ~ / , ~[~Nm~ ~. ..~. · ....,....~ .~_~--~----~ - , ~'~1 , I / I ~g ~ ~ ;--.'/ .... . ... 15 /:- ..... [ ..../ ............... .~.q / I~'~ , ~.-"~ ''''' .......... Seiki: 1 =200' I ~ / · ~ ......... t ~ ~ ~{ ~ 4~, "-. R~SIONS DA~ DRAWN CHECKED fiELD DATE: 10/21/96 BY U.R.C. BY BOOK C.C.L. CONSULTANTS INC. ENGINEERS SURVEYORS PLANNERS LANDSCAPE ARCHITECTS · ENVIRONMENTAL CONSULTANTS 2355 SALZEDO STREET SUITE 202 · CO~ GABLES, FL 5313¢ · (505) 4~8-8955 ORLANDO POMPANO BEACH MIAMI TRACT (P.B. 76, Pg. SSS'26'O3'W LEGEND D.C.R. L O.R.B. Pg. P.B. R Rec. Center line Dada Count7 Records Delta (Central Angle) Lengfh of Arc Offlclal Records Book Page Plat Book Radius Record A C~nter llne of F~orida Power & Ught Co. (O.R.B. 5478, Pg. 122, (P.B. 76, Pg. 50, O.C.R.) CT A Pg. 50, D.C.R.) (P.B. 8. Pg. 1.3. "DONN (P I o f. B o o k 76, CR Page REVISIONS SCALE: 1"=200' TRACT (P.B. 76, Pg. 50, D.C.R.) I '"'":'.... DATE BY TRAC (P.B. 76, Pg. CHECKED DATE:lO/21/96 8Y J.R.C. nY BOOK N/^ C.C.L. CONSULTANTS INC. ENGINEERS SURVEYORS PLANNERS LANDSCAPE ARCHITECTS ' ENVIRONMENTAL CONSULTANTS ORLANDO POMPANO BEACH MIAMI TRACT o(p.~. 76, Pg. SCALE: 1":200' A $0, D.C.R.) 44~7a/ (O,R.B. 5478. Pg, 122. O.C.R.) (P.B. 76, P;. 50, FO. ~, o.c~)..;;' 13, D.C.R.) LEGEND D.C.R. L O.R.B. Pg. P.B. R Rec. "DO (Plat, Boo Center line Dude County Records Delto (Central Angle) Length of Arc Offl¢lol Records Book Page Plot Book Radius Record TRACT (P.B. 76, Pg. ,, ................ fT $0, D.C.R.) s~o. s,.-s,-,~ L .~ REVISIONS DATE BY DRAWN CHECKED 10/21/96 BY J.R.C. BY BOOK ~/A C.C.L CONSULTANTS INC. ENGINEERS SURVEYORS PLANNERS LANDSCAPE ARCHITECTS EN//1RONMENTAL CONSULTANTS 2355 SALZEDO STREET SUITE 202 · CORAL GABLES, FL 33154 - (305) 4~8-895.5 ORLANDO POMPANO BEACH MIAMi ONN o k 76, "TRACT 76, Pg. (P.B. SCALE: 1" =200' 1~0.0~ i ". West I~ne of EXHIBIT "B' "£ 279.13' I CFIES" P a g e $0. D. C.R.~-. vEGEND' ..... ~. ......... ~,o~ ~ = Center line T R A C T A "'::" I D.C.R. = Dade County Records A = Delta (Central Angle) (P.B. 76, Pg. JO, D.C.R.f~J- ......... L = Length of Arc ]1 '"-.. O.R.B. = Official Records Book ~ ~ '" Pg. = Page ~P.B. = Plat Book . ~.t~, :' I '"~ = Radius ~ - ,ao~ . - I~o' '" I ~ec. = Record ...... TRACT B '~'~' "/ (P.B. 76, Pg. 50, D.C.R.) 5o, O.C.R.) .......... ~, of NOl'52~O'W llne of EXHIBIT 'A" .... ..' ...' 110' total R/W of the N.~ 1/4 of Section ..~--51-¢2 · . _ / s~ ,,,s~o8.oo;~ ...... ~ N.E. 2 0 7 t h S f r e e f (P.D. 90, Pg. 23, "'~ ' I REVISIONS DATE BY J DRAWN CHECKED FIELD DATE: 10/21/g6 BY J.R.C. BY BOOK N/A EXHIBIT "D" NEW LEGAL DESCRIPTION FOR "CONSERVATION PARCEL" ORLANDO INC. SURVEYORS PLANNERS · ENV1RONblENTAL CONSULTANTS SUITE 202 · CORN. GABLES. Fl.33134 · (505) 448-8955 POMPANO BEACH MIAMI N Location Map NOT TO SCALE DESCRIPTION: Conservotion Arco A portion of TRACTS A, B and C, "DONN ACRES", according to the Plot thereof, os recorded In Plot Book 76, of Page $0, of the Public Records of Dode County, Florida, sold portion being more particularly described as follows: Commenclng of the East Quarter corner of Section 54, Township 51 South, Range 42 East, Dads County, Florida; Thence North 01'59'05" West, on the East llne of sold Section 54, for 75.00 feet to the Northeast corner of EXHIBIT "A", os described and shown In that RIGHT OF WAY DEED TO DADE COUNTY recorded in Offlclol Records Book 12159, of Page 5605 of sold Public Records; Thence South 88'08'00" West, on the North line of said EXHIBIT "A", for 70.22 feet to the POINT OF BEGINNING of the Most Westerly corner of EXHIBIT "C" of said RIGHT OF WAY DEED TO DADE COUNTY; Thence continue South 88'08"00" West, on 'sold North llne, for 727.76 feet; Thence North 01'59'05" West, for 416.55 feet; Thence North 16'58'46" West, for 55.84 feet to the beginning of a tangent curve concave to the Southwest, having a radius of 50.00 feet and a central angle of 42'22'44"; NOTES: I. 5. BEARINGS ARE BASED ON THE SOUTH UNE OF EXHIBIT "A', O.R.B. 12139, Pg. 3603, D.C.R., (South 88'08'00" West). UNLESS IT BEARS TH[ SIGNATURE AND THE ORIGINAL RAISEO SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER, THIS ORAWING, SKETCH. PLAT OR MAP IS FOR INFORMATIONAL ~C'm'r~t-~t~A'm~. ~'~ PURPOSES ONLY AND IS NOT VAUD. LANDS SHOWN HEREON WERE NOT ABSTRACTEO BY I HEREBY CERTIFY that the afloched Sketch and Legal Des~HptlonI CCL CONSULTANTS, INC. FOR EASEMENTS AND OR RIGHTS- Is flue and correct to the best of my knowledge and belief and[ OF-WAY OF RECORD. thai It meets thc Minimum Technical Standards scl forth by the I DATA SHOWN HEREON WAS COMPILED FROM OTHER Florida Stale Board of/Lend Surveyom In Chapter 61017-6, I INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SURVEY Florida Administrative/Code, pursuant to Chapter 472.027 F.S. I · s suc.. / I CCL CONSULTANTS. INC., CERTIFICATE OF AUT,ORIZATION Ha. 56~0o IS ISSUED BY THE FLORIDA OEPARTMENT OF t t ~ J ' . BUSINESS AND .OFESSiONA R.ULATIO \.L~)FES$~ONAL SURVEYOI~ & MAPPER If ~406, STATE OF FLORIDA [DATE: ....'G~AWH ' I CHECNED .,.CD C.C.L. CONSULTANTS INC. ENGINEERS SURVEYORS PLANNERS LANDSCAPE ARCHITECTS ENVIRONMENTAL CONSULTANTS 2555 SN.ZEO0 STREET SUITE 202 * COR~J. GABLES, FI. 55154 · (305) 448-8955 ORLANDO POMPANO BEACH MIAMI Thence Northwesterly, along said curve, for 56.98 feet; Thence North 59'01'50" West, for 124.58 feet to the beginning of o curve concave to the South having o radius of 179.50 feet; Thence Northwesterly and Westerly, along sold curve, through o central angle of 14'52'11", for 46.58 feet fo o Southerly line of said TRACT A; Thence continue Westerly, along said curve, through o central angle of 0T07'16", for 22.51 feet fo the point of reverse curvature wlfh o curve concave to the North having o radius of 180.50 feet and o central angle of 09'57'18"; Thence Westerly, along said curve, for 5.0.51 feet; Thence North 71'25.'5.9" West, for 112.55 feet to the beginning of o tangent curve concave fo the Northeast having o radius of 40.00 feet and o central angle of 55'52'29"; Thence Westerly and Northwesterly, along said curve, for 25..65 feet; Thence North 5.7'51'10- West, for 5.4.92 feet to the beginning of o tangent curve concave fo the East having o radius of 122.00 feet and a central angle of 5T21'10"; Thence Northwesterly, and Northerly, along said curve for 122.12 feet; Thence North 19'50'00" East, for 149.74 feet; Thence North 17'41'55." East, for 177.12 feet to the beglnnlng of o tangent curve concave to the Southeast having o radius of 140.00 feet and o central angle of 70'26'07"; Thence Northeasterly and Easterly, along sold curve, for 172.11 feet; Thence North 88'08'00" East, for 279.15 feet to o Westerly line of sold TRACT B; Thence continue North 88'08'00" East, for 16.98 feet to the beglnnlng of o tangent curve concave fo the Northwest having o rodlus of 155.00 feet; Thence Easterly and Northeasterly, along sold curve, through o central angle of 48'11'27", for 115.55 feet; Thence North 59'56'5.5" East, for 5..46 feet fo the South llne of sold TRACT C; Thence continue North 59'56'55" East, for 4.26 feet to the beglnnlng of o tangent curve concave fo the Northwest, hovlng o rodlus of 160.00 feet and o central angle of 42'55'40"; Thence Northeasterly and Northerly, along sold curve, for 118.95 feet; Thence North 02'$9'07" West, for 496.98 feet fo o parallel line 709.41 feet South of the North line of said Section 5.4; Thence North 88'26'05" East, on sold parallel line, for 465..14 feet to the West line of EXHIBIT "B" of sold RIGHT OF WAY DEED TO DADE COUNTY; Thence South 01'59'05" East, on sold West llne, for 1820.52 feet fo the Most Northerly corner of sold EXHIBIT "C"; Thence South 45'04'28" West, on the Northwesterly line of sold EXHIBIT "C", for 42.58 feet to the POINT OF' BEGINNING. Containing 5.2.614 Acres, more or less. Said Lands lying and belng In Dade County, Florida. Subiecf fo easements, rights of way, reservations and if any. restrictions of record, REVISIONS DATE BY ORAWN CHECKED BY J,R,C, BY IFIELD BOOK C.C.LoCONSULTANTS INC. ENGINEERS SURVEYORS PLANNERS LANDSCAPE ARCHITECTS ENVIRONMENTAL CONSULTANTS 2555 SALZ£O0 STREET SUITE 202 ° CORAL GABLES. FL 33154 · (505) 448-8955 ORLANDO POMPANO BEACH MIAMI West llne N8EOB'O0" [ 279.15' A. 70'26'07~ ACRES" "DONN lot Book 76, LEGEND O.R.B. Pg. R Center line Dada County Records Delta (Central Angle) Length of Arc Offlclal Records Book Page Plat Book Radius Record S86'08'00' W ~. - 4Z22'44" - ~0.00' P o g e 30, O. C. R.) SCALE: 1"=200' llne o! POINT OF BEGINNING Most Westerly corner of EXHIBIT line of EXHIBIT 110' total R/W 756.6~'7.76' Street N.E. 207 th ~,P.B. 90, Pg. 23, ,.,.,,.R., Point of Commencement EAST 1/4 corner of SECTION 54-51-42 REVISIONS DATE BY of DATE: 10/18/96 DRAWN CHECKED FIELD BY J.R.C. BY BOOK C.C.L. CONSULTANTS INC. ENGINEERS SURVEYORS PLANNERS LANDSCAPE ARCHITECTS · ENVIRONMENTAL CONSULTANTS 2555 SN.ZEDO STREET SUITE 202 · CORAL C~LES, FL 55154 · (505) 448-8955 ORLANDO POMPANO BEACH MIAMI LEGEND D.C.R. L O.R.B. Pg. P.B. R Rec. = Center line = Dade County Records = Delta (Central Angle) = Length of Arc = Offlclal Records Book = Page = Plat Book = Radius = Record N.E. Corner of Section .34-51-42 N88'26'03' E SCALE: 1" =200~ ~i I' N85'26'0~£ I llne of Florida Center Power & UQht Co ~sement (O.R.B. 3478, P9- ~22, (P.B. 76, P~. ~, D.C.R.) '- REVISIONS DATE BY OATE:I0 DRAWH HECKED /18/96 BY J.R.C. BY BOOK MINUTES CITY COUNCIL MEETING CITY OF AVENTURA, FLORIDA TUESDAY, MAY 20, 1997 7 P.M. COLUMBIA AVENTURA MEDICAL ARTS BUILDING 2'1110 BISCAYNE BOULEVARD SUITE 101 AVENTURA, FLORIDA 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 7 p.m. by Mayor Snyder. Present were Councilmembers 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. Councilmember Arthur Berger was absent. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Mrs. Crook led the pledge of allegiance. 3. APPROVAL OF MINUTES: A motion to approve the minutes of the April 30, 1997 Workshop Meeting, the May 5, 1997 Workshop Meeting and the May 6, 1997 Council Meeting was offered by Councilmember Rogers-Libert and seconded by Councilmember Cohen, with the following amendments: April 30, 1997 Workshop Meeting - correct spelling of Turnberry and note in Section 1 that Council requested letter height restrictions in all sections; Item 7.A. of the May 6, 1997 Council meeting to provide that the amendment passed unanimously and the motion for approval passed 6-1. The motion passed unanimously and the minutes were approved as amended. 4. AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS: Councilmember Beskin requested removal of Items 6.A. and 6.C. from the Consent Agenda. 5. SPECIAL PRESENTATIONS: Certificates of Appointment to the Planning Advisory Board were presented to Harry Crook and Schelly Strauss. 6. CONSENT AGENDA: Mr. Weiss read the title to Agenda Items 6.B. and 6.D. A motion for approval was offered by Vice Mayor Perlow, seconded by Councilmember Rogers-Libert and unanimously passed by roll call vote. Thus the following ordinances were approved on first reading: AN ORDINANCE OF THE CITY OF AVFNTURA, FLORIDA; ADOPTING ORDINANCE CONCERNING ZONING PURSUANT TO SECTION 8.03 OF THE CITY CHARTER, AMENDING METROPOLITAN DADE COUNTY ZONING CODE AS APPLICABLE TO CITY OF AVENTURA; PROVIDING FOR PUBLIC HEARINGS AND NOTICE OF PUBLIC HEARINGS; PROVIDING FOR REPEAL AND REPLACEMENT OF SECTION 33- 310 OF THE METROPOLITAN DADE COUNTY ZONING CODE CONCERNING PUBLIC HEARINGS; SUBSTITUTING CITY COUNCIL AND DESIGNATED CITY OFFICIALS FOR COUNTY AGENCIES AND OFFICIALS, PROVIDING FOR AUTHORITY FOR REVIEW OF PUBLIC HEARING APPLICATIONS, ZONING VARIANCES, SPECIAL EXCEPTIONS AND OTHER QUASI-JUDICIAL ACTION WITHIN THE SCOPE OF CHAPTER 33 "ZONING" OF THE COUNTY CODE AS MADE APPMCABLE TO THE CITY; PROVIDING FOR REPEAL OF ZONING AND PLANNING TRANSITIONAL ORDINANCE, DESIGNATED AS ORDINANCE NO 96-08 UPON THE SAME SUBJECT MATTER; PROVIDING FOR SEVERABILITY; PROVIDING FOR SAVINGS CLAUSE AND RATIFICATION OF PRIOR ADMINISTRATIVE ACTION; PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 96-18, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 1996/97 FISCAL YEAR BY REVISING THE 1996/97 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE Mr. Weiss read the title to the following resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA ESTABLISHING PROCEDURES FOR CONDUCTING SPECIAL EVENTS WITHIN THE CITY; ESTABLISHING AN APPLICATION PROCESS; ESTABLISHING CRITERIA FOR APPROVING SPECIAL EVENTS HELD WITHIN THE CITY AS CONTAINED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL SPECIAL EVENT AGREEMENTS ON BEHALF OF THE CITY; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. An amendment was offered by Vice Mayor Perlow and seconded by Councilmember Rogers-Libert as follows: Section C. of the fee structure to read "up to" 15%; Section D of the fee structure to provide for an administrative service cost of up to 25%; include a provision that sufficient public notice be given for all events to be held in City parks; and Section 10 to provide that copies of all licenses and insurance schedules be furnished to the City for each event. The amendment passed unanimously. A motion for approval was offered by Vice Mayor Perlow, seconded by Councilmember Rogers-Libert, unanimously passed by roll call vote and Resolution No. 97-34 was adopted. C. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR AND ADOPTING A FEE SCHEDULE FOR DEVELOPMENT REVIEW, PLANNING AND ZONING APPLICATIONS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Snyder opened the public hearing and there being no speakers, the public hearing was closed. A motion for approval was offered by Councilmember Rogers-Libert and seconded by Councilmember Holzberg. An amendment Was offered by Councilmember Beskin and seconded by Councilmember Rogers-Libert that the fee for variances for signs in existence on the effective date of the Sign Ordinance be reduced to $350. The amendment passed, 5-1, with Vice Mayor Perlow voting no. The motion for approval passed unanimously, and Resolution No. 97-35 Was adopted. 7. PUBLIC HEARINGS: ORDINANCES- SECOND READING - None 8. RESOLUTIONS: None 9. OTHER BUSINESS: A. PROGRESS REPORT: STATUS OF PROPOSED SIGN ORDINANCE Mr. Soroka noted the issues yet to be resolved in finalizing this ordinance. Community Development Director Jaye Epstein presented Staff's recommendations for resolution of those issues. The following individuals spoke relative to this ordinance: Lionel Socolov, 3530 Mystic Point Drive; George Feffer, Admirals Port; Dave Siegel, Promenade Shops; Robert Jordan, Commodore Plaza; David Romanick, Gulfstream Racetrack; and Joel Gustafson, Esq., Holland and Knight. The following action was taken regarding the revisions as proposed by Staff: Recommendation #1 - A motion was offered by Councilmember Cohen and seconded by Vice Mayor Perlow to increase the overall wall sign size referred to in Section 7.b. to 1% sq. ft. per lineal ft. with no reference to setback. The motion failed, 1-6, with Mayor Snyder voting yes. A motion to approve recommendation #2 was offered by Vice Mayor Perlow, seconded by Councilmember Rogers-Libert and unanimously passed. The City Attorney was directed to research Florida State Statutes relative to recommendation #6. At this time, this matter was deferred until later in the agenda. DISCUSSION AND POSSIBLE MOTION TO CHANGE THE TIME FOR COUNCIL MEETINGS (Mayor Snyder) This item was removed from the agenda by Mayor Snyder. 10. REPORTS: Mr. Weiss advised Council of an investigation by the State Attorney's Office into a possible violation of the Sunshine Law by members of the Planning Advisory Board. A motion was offered by Councilmember Cohen and seconded by Vice Mayor Perlow to declare this an emergency and place it for discussion on the agenda. The motion passed unanimously. After extensive discussion by Council, a motion was offered by Vice Mayor Perlow and seconded by Councilmember Rogers- Libert to direct staff to request, in writing, the resignation of all members of the Planning Advisory Board, including detailed explanation to the two newly-appointed members who have not yet participated on this Board, and to provide alternatives for discussion by Council at the June 3, 1997 meeting as to the future of this Board. The motion passed unanimously by roll call vote. A motion was offered by 4 Councilmember Rogers-Libed, seconded by Councilmember Cohen and unanimously passed that the Planning Advisory Board meeting scheduled for May 28, 1997 be cancelled. 11. PUBLIC COMMENTS: The following members of the public addressed Council: Ginger Grossman, 20100 W. Country Club Drive; Emil Hubschman, Aventura Chamber of Commerce; Robert Jordan; and Lionel Socolov. Discussion resumed as to the proposed Sign Ordinance: (Mayor Snyder left the meeting at this time - 10:05 p.m. and Vice Mayor Perlow assumed the chair.) As to Staff recommendation #3 - a motion for approval was offered by Councilmember Rogers-Libert, seconded by Councilmember Holzberg and unanimously passed, 4-0. Councilmember Beskin was not present for the vote. As to Staff recommendation #4, a motion for approval was offered by Councilmember Rogers-Libert, seconded by Councilmember Holzberg and unanimously passed, 5-0. As to Staff recommendation #5: Section 6b) - a motion for approval was offered by Councilmember Rogers-Libert, seconded by Councilmember Holzberg and passed unanimously, 5-0. Section 7c) - a motion for approval was offered by Councilmember Rogers-Libert, seconded by Councilmember Cohen and unanimously passed. Section 7e) A motion to provide for the letter height at a maximum of 4" was offered by Councilmember Rogers-Libert, seconded by Councilmember Holzberg and unanimously passed. A motion was offered by Councilmember Beskin and seconded by Councilmember Cohen to reconsider the action taken as to Staff recommendation #5. The motion failed, with Vice Mayor Perlow, Councilmember Beskin and Councilmember Cohen voting yes and Councilmembers Rogers-Libert and Holzberg voting no. It was the consensus of Council to address letter height again at second reading. As to Staff recommendation #7 - A motion was offered by Councilmember Rogers- Libert, seconded by Councilmember Holzberg and unanimously passed to table this recommendation and direct Staff to further research this matter. As to Staff recommendation #8 - A motion for approval was offered by Councilmember Rogers-Libert, seconded by Councilmember Cohen and unanimously passed. It was the consensus of Council to address the issue of amortization at second reading. 12.ADJOURNMENT. There being no further business to come before Council at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 10:45 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 of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF AVENTURA FINANCE SUPPORT SERVICES DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Council Eric M. Soroka, Citv,,~/Ia,~r~eer arry . ilgor-'eTFinanc'e~port Services Director May 30, 1997 Agreement for Comprehensive Municipal Information Systems June 3rd, 1997 Council Meeting Agenda Item Recommendation It is recommended that the City Council approve the attached resolution authorizing the purchase of a Comprehensive Municipal Information System for a Police System for use by the Police Department and a General system for use by all City departments. Both systems are covered by one agreement with H.T.E. Inc. Background As you are aware, the City has solicited and received proposals for a General Information System and a Police Information System. The Police System includes Com'puter Assisted Dispatch, Records Management, Auto Vehicle Locator and a laptop system exclusively for use by the Police Department. The General System includes all financial applications, community development applications and any other computer systems for all other departments. The General System will be accessible, subject to a security system based on need, to all City departments including the Police Department. The process of exploring the City's options for Information Systems has been ongoing since the first regular employees started with the City. We wanted to examine all the alternatives available to us so that we would select quality systems that the City can utilize for many years. Our primary objectives were: 1. Select the best system to meet the needs of the Police Department (CAD, records, etc.) 2. Select the best system for use by all departm, ents for non-Police specific activities. 3. Find systems that utilized relational data bases resulting in information being entered only once but used in multiple functions. Page (2) Agreement for Comprehensive Municipal Information Systems 4. Find a system which is as integrated as possible. This meant that we desired to purchase all elements of the General System from one vendor and all elements of the Police System from one vendor. If one vendor offered the best General System and the best Police System, only then would they receive a contract for both systems. 5. Obtain a turnkey system whereby one vendor would be responsible for all software, hardware, training and implementation and maintenance. Based on these five primary objectives, we developed RFP# 97-3-5-2. This RFP was titled "Request for Proposals for Comprehensive Municipal Information Systems". We provided proposal forms and questionnaires for a separate General System and a separate Police System. Vendors could propose on the General System, the Police System or both. This gave us the ability to evaluate the two systems separately allowing us to pick the best of each system. RFP# 97-3-5-2 was issued in early February. Its availability was advertised twice in the Miami Herald. We also mailed hard copies of the RFP and forms and a computer disk containing same to a total of forty-two (42) individuals/vendors. We spent nearly a month working with interested vendors to answer questions, provide additional information, etc. On March 5th, 1997, we received sealed proposals from a total of five (5) vendors for the General System and six (6) vendors for the Police System. The proposals for the Police Systems were reviewed by staff of the Police Department as well as our Information Systems Technician and Finance Support Services Director. Staff from All City departments evaluated the General System. The evaluation process began with a review of all written proposals. Based on these reviews, one proposer for the General System was eliminated and two (2) proposers for the Police system were eliminated because their proposed systems were incomplete or inadequate based upon the submitted questionnaires and other documents. The remaining proposers were required to present on-site demonstrations of their sof~.are systems and provide answers to any questions on hardware, software, training, etc. The on-site demonstrations were attended by the various staff members who would be utilizing the systems (i.e.- Code Enforcement personnel attended the sessions on the Code Enforcement Software, Building Permit personnel attended the sessions on building permit software, etc.) A total of approximately twenty (20) different employees attended demonstrations of the various portions of the General System. Portions of the Police System were viewed by about ten (10) employees, including the Information Systems Technician and Finance Support Services Director. Page (3) Agreement for Comprehensive Municipal Information Systems Based on the on-site demonstrations, staff from all departments consistently ranked two companies as their first or second choice for the General System. On the Police side, the choice was also narrowed down to two vendors. The ranking for both systems was based upon the demonstration of the completeness and integration of each vendors' products. For the General System, the top ranked vendors were H.T.E., Inc. and Creative Computer Solutions (CCS). For the Police System, the two top ranked firms were H.T.E., Inc. and New World Systems. To further evaluate the two top ranked systems we did the following. For CCS, we attended one day of a users group conference, visited their corporate headquarters and made one visit to a current City client. For H.T.E., we also had a corporate headquarters visit and visited one City for both the financial and community development applications. On the Police System, Police and other personnel attended a corporate visit at New World and H.T.E. Several cities using both New World and H.T.E. were also visited to see the systems in action. Based on the total evaluation of each of the systems, H.T.E. was ranked number one for both the General and Police Systems. The primary strengths of H.T.E. on the General System over CCS was: 1. Their experience with Florida Municipalities - CCS has clients in California and a few in other areas of the country but no Florida cities or counties. H.T.E. has the same basic system that we want in over seventy (70) cities in Florida. 2. H.T.E. offers the most complete total package. While CCS offered a fairly comprehensive financial application, their community development related applications were not as complete as HT.E. Specifically CCS really offers no planning and zoning module, land management capability is more limited and their method of handling occupational licenses, building permits and code enforcement were not on a par with H.T.E. 3. H.T.E.'s reference list includes all installed sites so we could call any city who has their system. CCS, in contrast, would not of provide a complete client list (for proprietary reasons they said). Of course, the reference list provided by CCS included clients who were happy with their system but the lack of a complete listing hurt their credibility, at least with me. H.T.E. reference checks were excellent from virtually all the clients we chose from their list. Page (4) Agreement for Comprehensive Municipal Information Systems The product proposed by H.T.E. is a very proven product. The basic software applications and hardware configuration proposed b H.T.E. for Aventura is virtually the same as is operating effectively at hundreds of cities in the U.S. and abroad. In contrast, CCS basic product is installed only at a few sites. Also, an NT platform was proposed for Aventura. Our investigation showed that there was no City operating on CCS software utilizing an NT platform. Only one city had done "Beta" testing on a portion of CCS software but their installation was far from complete. While we want to be on the leading edge of technology, I believe that their product as proposed for Aventura was sufficiently unproven to make me feel we could very easily be on the bleeding edge of technology. Based on our current compatabilities (virtually none), the consensus of the evaluators was that the cost savings offered by CCS did not justify the risk involved or the additional staff time required to install an unproven product. On the Police side, H.T.E. was ranked number one primarily because: 1. H.T.E. offers a product with numerous successful installs for their basic Police System for computer assisted dispatch and record's management. New World also has a fairly large number of Police installations but the overall basic system was slightly less desirable than H.T.E. 2. H.T.E. proposed a more comprehensive package including all components for Automatic Vehicle Locator (AVL) and mobile data terminals than New World. In this area, neither vendor has a single installation that includes all portions of the proposed system for Aventura. However, H.T.E. did put together a complete package by integrating other vendors products with theirs and agreeing to be responsible for successful installation, implementation and maintenance of all vendor's hardware, software and maintenance. 3. H.T.E. continued to work with City Police staff and other vendors to provide the City exactly what they wanted, even if it was different than any other installation. New World made a similar effort but the H.T.E. proposal was considered superior. 4. While we will be on the leading edge of technology on AVL and mobile portions of the Police System, H.T.E. has a proven track record of delivering a quality product. All staff involved in the evaluation process believe that H.T.E. will work hard to make Aventura a showplace installation for the Police System. While New World proposed the same, the comfort level was not as great as with H.T.E. Page (5) Agreement for Comprehensive Municipal Information Systems Throughout the evaluation process, we continued to work with H.T.E., CCS and New World to reduce and refine their proposed costs. The initial proposal for H.T.E. was significantly higher than the other top ranked vendors for both the Police and General System (a tabulation of initially proposed cost is provided as attachment 4). We were able'to obtain some reductions on the General System. For the Police System, H.T.E. made significant accommodations to satisfy the City's desires. The final costs as shown in the attached contracts are in my opinion, very competitive. I believe that the total product to be received from H.T.E. will be the best available. I also believe that we will have a smoother implementation and maintenance system with H.T.E., than with other vendors less proven products. The Police System includes a complete turnkey system for all applications needed for Police. They will add additional Lap Top terminals in the coming years but these will just be more terminals, not new systems software. The complete cost of the Police System is approximately $535,000 including all options and estimated terminal costs. A detailed breakdown is included as attachment 2. The General System was originally designed for installation in phases over a span of three years. Attachment 1 shows the breakdown of costs by application and fiscal year. The total cost will be approximately $295,000 with $236,000 in 1996197; $33,000 in 1997/98 and $26,000 in 1998/99. I believe this is a realistic timeframe for implementation of the total General System based on existing and proposed City staffing levels. The only component we will have to acquire from another source is a Parks & Recreation module for recreation program registration. H.T.E.'s offering in this field was overpriced and unproven. We, therefore, explored other alternatives and have located other software for this purpose. The cost for 1996/97 for this other vendors' software is a maximum of $10,000. Page (6) Agreement for Comprehensive Municipal Information Systems Attachment 3 is a recap of the cost of the General and Police Information Systems, including the Parks & Recreation module that will be charged to the 1996/97 fiscal year budget. In total, we need to appropriate $600,000 in additional funds to pay these costs for 1996/97. The General System requires $77,000 more funding primarily because we phased in some modules earlier than originally projected. On the Police side, we need to add $523,000 to the Police capital account for computer equipment. The reason for this increase is because we underestimated the computer needs of the Police Department when we first put together the 1996/97 budget almost a year ago. Specifically, we misunderstood the dispatching requirements and, therefore, only included a small amount for a records management system. Once we started developing the requirements for the Police System after the Police Chief, Commander and other staff were hired, we found that we needed a full dispatch function and that in order to utilize manpower better, we needed significant use of laptops and other state of the art equipment as quickly as possible. The $600,000 appropriated to the Finance and Police Capital accounts can be transferred from the Capital Reserve Account. The only other requirement to successfully implement both the Police and General Systems is to bring on one other employee to assist with the implementation and maintenance of the systems. We currently have one Information Systems Technician and need another to work specifically with the Police System. I have included this position in the 1997/98 budget but feel we need the position as soon as possible in order to bring the systems up as quickly as possible. Sufficient funds are available in the Finance Support Services salary and fringe benefits accounts to cover the costs of the position. However, the position needs to be authorized by budget amending resolution. In summary, I recommend approval of the attached resolution authorizing a contract with H.T.E. covering both the Police and General system. I also recommend approval of the budget amending resolution providing the funds for this purchase. I believe that we I~ave fully explored our needs, what is available and selected the best available systems that will serve the City for many years. HMK/mn FSS046-97 CITY OF AVENTURA TABULATION OF COSTS OF GENERAL INFORMATION SYSTEM BY FISCAL YEAR 1996197 THROUGH 1998/99 DESCRIPTION LICENSE FEE TRAINING TRAVEL SUPPORT TOTAL 1996197 Application Software GL, AP BUDGET GMBA 14400 PURCHASING/INVENTORY 12000 ACCTS IMISC RECEIV 6400 PAYROLL/PERSONNEL 12000 WORK ORDERS/FAC MAINT 1444,400 ASSET MANAGEMENT 4000 EXTENDED REPORTING 6000 BUILDING PERMITS 12000 CODE ENFORMENT 4000 BUSINESS LICENSES 4000 PARKS & RECREATION CASH RECEIPTS LAND MANAGEMENT PLANNING & ZONING FLEET MA~N I~_NANCE APPLICANT TRACKING GUI SERVER GUI CLIENT SUBTOTALS LAND MANAGEMENT CONVERSION PROJECT MANAGEMENT TOTAL COSTS PROJECTED FOR SOFTWARE LICENSE AND SERVICE AGREEMENT HARDWARE AND SYSTEM SOFIa/ARE (AS 400) TOTAL GENERAL SYSTEM COSTS PER PROPOSAL LESS SUPPORT/MAINTENANCE LICENSE TRAINING FEE & OTHER TRAVEL 9000 1587 4300 29287 14400 9000 1587 8000 1452 3200 24652 12000 8000 1452 7000 1317 2200 16917 6400 7000 1317 11000 1857 3200 28057 12000 11000 1857 N/C NtC N/C N/C 12000 12000 6000 5500 4O0O 128700 1000 1000 1000 1000 5000 1047 2400 20447 6000 7000 1317 4300 24617 6000 2000 394 1750 10144 3000 5500 5500 5000 TOTAL CHARGE TO CAPITAL OUTLAY ACCOUNT IN TOTAL AND BY FISCAL YEAR 259 9635 1997/98 LICENSE TRAINING FEE & OTHER TRAVEL 7200 6000 1306 2000 2000 394 6000 5000 15200 13000 1800 273287 101500 64400 9635 15200 14800 65697 60697 338984 101500 125097 9635 15200 14800 ~t3700 TOTAL BY FISCAL yEAR ALL YEARS 1996/97 1997/98 1998199 295284 236232 32747 26305 1998/99 LICENSE TRAINING FEE & OTHER TRAVEL SUPPORT 3000 2000 394 1047 6000 7000 1317 3O00 20OO 394 2747 12000 11000 2105 1200 2747 12000 12200 2105 2747 12000 12200 2 ' 05 4300 3200 2200 3200 5000 1800 1950 300O 750 1350 0 1000 1000 2400 4300 1750 1500 38700 387OO 5000 43700 ATTACHMENT 2 CITY Of AVENTURA TABULATION OF COSTS OF POLICE INFORMATION SYSTEM CAPITAL OUTLAY ACCOUNT CHARGES DESCRIPTION CAPITAL LICENSE FEE TRAINING COSTS SUPPORT Application Software CAD III MAPPING FUNCTION MAPPING CREATION FCIC/NCIC INTERFACE CRIMES CAD III TO SCA AVL INTERFAC CAD REDUNDANCY H.T.E. GUI THIRD PARTY SOFTVVARE: SCA MOBILE PHOTO IMAGING SUBTOTALS ADJUSTMENT FOR MAINTENANCE PROJECT MANAGEMENT TOTAL COSTS PROJECTED FOR SOFTVVARE LICENSE AND SERVICE AGREEMENT INCLUDED 30000 10000 10000 3000 4000 5000 1000 22000 7000 4000 1000 5000 133830 INCLUDED 25~ 1000 239274 23000 HARDWARE AND SYSTEM SOFTWARE (AS 400) ADDITIONAL EQUIPMENT (MOBILE DATA TERMINAL EQUIP 40000 3860 13000 1444 400O 6000 1800 29000 4410 5000 745 5000 1000 0 0 133830 24390 26444 2351 262274 40000 -25000 12500 274774 15000 87189 5000 115479 TOTAL GENERAL SYSTEM COSTS PER PROPOSAL 477442 20000 TOTAL CAPITAL COSTS TOTAL CHARGE TO CAPITAL OUTLAY ACCOUNT IN TOTAL AND 477442 ADD OPTIONAL ITEMS: FORMS GENERATION 19500 CRIME SCENE 3000 AVL- H.T.E. GPS INTERFACE 25120 1000 TOTAL INCLUDING ALL OPTIONS ADD ESTIMATED TRAVEL EXPENSES 525062 21000 10000 TOTAL INCLUDING OPTIONS AND TRAVEL 535062 21000 ATTACHMENT 3 CITY Of AVENTURA RECAP OF INFORMATION SYSTEM COSTS POLICE AND GENERAL SYSTEMS COMPARED TO AVAILABLE BALANCES 1996/97 FISCAL YEAR BUDGET CAPITAL COST FOR H.T.E.SYSTEMS OTHER SOFTWARE AND HARDWARE: PARKS & RECREATION CONTINGENCY FOR UNEXPECTED EVENTS DURING IMPLEMENTATION TOTAL REQUIRED BUDGET BALANCE REMAINING: POLICE COMPUTER EQUIPMENT FINANCE SUPPORT SERVICES COMPUTER EQUlMENT BUDGETAMENDMENTAMOUNT POLICE GENERAL TOTAL 535062 236232 771294 10000 10000 24938 11768 36706 560000 258000 818000 37000 37000 181000 181000 523000 77000 600000 Attachment 4 VENDOR NAME CITYOF AVENTURA TABULATION Of PROPOSALS RECEIVED FOR GENERAL MUNICIPAL INFORMATION SYSTEM GENERAL AND POLICE SYSTEMS PROPOSALS RECEIVED 3~5~97 INSTALLATION APPLICATION AND SOFTVVARE SUPPORT IGENERAL SYSTEM I 174250 H.T.E. INC. CREATIVE COMPUTER SOLUTIONS (CCS) 123950 AMERICAN DATA GROUP 53000 CHAMPS SOFTWARE 52500 NEW WORLD SYSTEMS 136500 167730 HARDWARE 101830 OTHER CHARGES 69O TOTAL COMPLETE SYSTEM PRICE 444500 80616 15000 3820 223386 33160 N/A N/A 86160 N/A N/A N/A 52500 87500 42513 41560 308073 I POLICE SYSTEM NEW WORLD SYSTEMS 126650 H.T.E. INC. 461706 BIS COMPUTER SOLUTIONS 195000 PROGRESSIVE NETVVORKING INC. 52000 VISIONS SOFTWARE 156626 CRISNET BY MEGG ASSOC. 50335 98600 42951 36086 304287 129290 244407 1274 836677 97400 14000 16640 323040 15000 N/A 123805 16296 45832 N/A 69300 67000 366027 96167 RESOLUTION NO.~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AWARDING A CONTRACT FOR RFP NO. 97-3-5-2 FOR A COMPREHENSIVE MUNICIPAL INFORMATION SYSTEM TO H.T.E., INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CiTY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID CONTRACT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager of 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. 97-3-5-2 COMPREHENSIVE MUNICIPAL INFORMATION SYSTEM; and WHEREAS, sealed proposals were submitted to and received by the City pursuant to the City's Request for Proposals as cited above; and WHEREAS, staff has determined that H.T.E. has submitted the most responsible and responsive proposal for information systems for both the Police and General Systems; and WHEREAS, the City Council, upon the recommendation of the City Manager, is therefore desirous of awarding said contract to said most responsible and responsive proposer. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY Resolution No. Page 2 OF AVENTURA, FLORIDA: Section 1: That the contract for RFP NO. 97-3-5-2 COMPREHENSIVE MUNICIPAL INFORMATION SYSTEM be and the same is hereby awarded to H.T.E., Inc. Section 2: The City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms and conditions for the purchase of a Comprehensive Municipal Information System including hardware, software, training and maintenance on behalf of the City. 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 contract. 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 General Fund Line Item No. 01-80-513-6-60-6402 and 01-80-521-6-60-6404 Section 5: This Resolution shall be effective immediately upon its adoption. The foregoing Resolution was offered by adoption. The motion was seconded by vote was as follows: Councilmember Arthur Berger Councilmember Jay R. Beskin Councilmember Ken Cohen Councilmember Harry HoIzberg Councilmember Patricia Rogers-Libert , who moved its , and upon being put to a vote, the Resolution No. Page 3 Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED this 3RD day of June, 1997. ATTEST: ARTHURI. SYNDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY H.T.E., INC. SOFTWARE LICENSE AND SERVICES AGREEMENT This Agreement for Licensed Program(s) and related Support Services, subject to the limitations and conditions set forth in this Agreement, as more specifically described in the attached Supplement and Schedule(s), is entered into by and between: H.T.E., Inc. (HTE), a Florida Corporation, with its principal place of business at: 390 North Orange Avenue, Suite 2000, Orlando, Florida 32801; AND CITY OF AVENTURA "CUSTOMER", with its principal place of business at 2999 NE 191ST STREET, SUITE 500 AVENTURA, FLORIDA 33180 HTE and Customer agree that when this Agreement is signed by both parties, all terms and conditions contained in this Agreement will apply to any Licensed Program(s) and/or service(s) offered under this Agreement. HTE will furnish to the Customer by this Agreement: 1. The HTE Licensed Program(s) listed in the Supplements to this Agreement. 2. Grant of a nonexclusive, nontransferable license to use the Licensed Programs on HTE supplied or approved equipment. 3. Support service(s) as described herein. 4. Modifications, mining, conversion and project management services as described herein and listed in the Supplement(s) to this Agreement. With respect to the Licensed Program(s), the Customer agrees to accept responsibility for: 1. The installation of the Licensed Program(s) plus any enhancements and/or updates. 2. Use of the programs to achieve the Customer's intended results. I. DEFINITIONS "Licensed Program(s)" shall mean a licensed data program or set of programs, or murines and subroutines, consisting of a series of instractions or statements in machine readable form and any related licensed program materials provided for use in connection with the program. Unless otherwise provided herein, the term "Licensed Program(s)" shall refer solely to HTE Licensed Program(s). "Machine" or "CPU" or "Hardware" shall mean computer hardware designated, supplied or approved by HTE for operation of any Licensed Program(s). "Soume Code" shall mean a copy of the computer programming code in human-readable form and related system documentation, including updates, applicable enhancements, and all pertinent commentary as well as any procedural code such as job control language. "Installation Date" shall mean the date that the Licensed Program(s) is installed/loaded on a designated machine. I "Delivery Date" shall mean the date that the Licensed Program(s) is received by the Customer, or no later than ten (10) calendar days afier shipment by HTE. For services, the "Delivery Date" refers to the date services are performed. "Acceptance" shall mean that the installed/loaded Licensed Program(s) has gone through the program testing and acceptance period as described in Section VI. "Support Services" shall mean the maintenance and support call services provided to Customer for the HTE Licensed Program(s). II. LICENSE The license granted under this Agreement permits the Customer, subject to the provisions of Sections VIII, IX, X and XII of this Agreement to: a. Use the Licensed Program(s) on the designated Machine(s). b. Copy or translate the Licensed Program(s) in machine readable or printed form to provide sufficient copies to support the Customer's use of the Licensed Program(s) as authorized under this Agreement. c. Transfer the Licensed Program(s) to a back-up CPU to be used when the designated CPU is temporarily inoperable. d. Modify any Licensed Program(s) to form an updated work for the Customer's use, provided that: 1. The Customer supplies HTE with written notification of the modification. 2. The modification is made according to the HTE conventions of the HTE Modification Library and not to the base system. The Licensed Program(s) should not be reverse assembled or reverse compiled in whole or in part. Failure to modify the programs in the manner prescribed may negate the ability to maintain the Licensed Program(s) by HTE and will relieve HTE of any responsibility to provide support services. Any updated work using portions of the Licensed Program(s) that meets the above criteria will continue to be subject to all terms of this Agreement. e. Have access to a copy of the Licensed Program(s) Source Code. III. TERM This Agreement is effective from the date on which it is signed by both parties and will remain in effect until terminated by the Customer upon one (1) month written notice or by HTE as stated in this section. This Agreement may be terminated by the Customer only when all Licensed Program(s) have been returned to HTE or destroyed. An authorized representative of HTE, upon request, shall be afforded sufficient access to Customer's premises to verify that all use of Licensed Program(s) have been discominued. Notice of discontinuance of any or all licenses shall not be considered notice of termination of this Agreement unless specifically stated. License(s) granted under this Agreement may be discontinued by the Customer upon written notice, effective immediately, during the testing period described in Section VI. HTE may discontinue any license or terminate this Agreement upon written notice immediately if the Customer fails to comply with the terms and conditions of this Agreement. Any responsibility of the Customer provided under this Agreement shall not be invalidated due to the expiration, termination or cancellation of this Agreement. IV. HTE SUPPLIED PRODUCT(S) AND/OR SERVICES HTE shall supply the Licensed Program(s) specified in the Supplement(s) in a machine readable form with instructions for installation by the Customer. Standard form options, if applicable, will be provided by HTE. In addition, HTE shall supply related services and/or maintenance, and may supply specialized hardware or other third party products necessary for the 2 performance of certain special features or functions. These services and deliverables, if any, shall be identified and more specifically described in the Supplement(s), and shall constitute the complete list of deliverables provided by HTE. HTE assumes no liability for any hardware or other third party products beyond manufacturers' warranty specified in the Supplement(s). Customer acknowledges that these products were selected by Customer to support features desired by Customer, and that they are included in the Agreement solely for that purpose. V. PRICING AND PAYMENT TERMS All pricing and terms associated with Licensed Program(s) and any other HTE products and services are specified in the Supplement(s) to this Agreement. Unless specified to the contrary, prices quoted in the Supplement(s) to this Agreement are valid for ninety (90) days from the date of HTE's acceptance of the applicable Supplement(s). HTE may increase its prices without notice on items not provided for in the Supplement(s). Fees for HTE Support Services are payable prior to the commencement of such Support Services. Should Customer require Support Services prior to receipt of payment and the contractual start date of such Service, Customer will be billed at the then prevailing hourly rate until payment is received. Fees for support services for any third party products provided for under this Agreement shall be payable to and in accordance with the provisions of the third party Vendor unless otherwise specified in the Supplement(s). Any taxes resulting from this Agreement or activities resulting from this Agreement, including but not limited to sales and/or use tax, will be the responsibility of the Customer. HTE will accept an exemption certificate from the Customer in lieu of taxes if the Customer qualifies for exempt status. Such exemption certificate will need to be provided to HTE upon contract execution. VI. LICENSED PROGRAM TESTING AND ACCEPTANCE Beginning on the date ten (10) days after delivery of the Licensed Program(s) by HTE, the Licensed Program(s) will be available for non-productive use for testing for a period of thirty (30) days. This testing period is to determine whether the Licensed Program(s) functions operate together and whether the Licensed Program(s) meet the Customer's specifications and/or requirements. At any time during the testing period, upon written notice, the Customer may discontinue the Licensed Program(s) and receive full credit or refund for the amount of the license fee. If written notice of discontinuance is not received by HTE prior to the end of the testing period, or if the Customer uses the Licensed Program(s) for other than non-productive use during the testing period, the Licensed Program(s) shall be deemed to be accepted under the provisions of this Agreement. VII. LICENSED PROGRAM SERVICES Training on HTE Licensed Program(s), if necessary, will be provided for in the Supplement(s) and will be invoiced as incurred at the completion of each training session at the rate specified in the applicable Supplement(s). The Customer understands that the number of training sessions and the number of hours of training vary per application, and are estimated based on HTE's experience in the training of other Customers for the same applications. Additional training can be provided upon request of the Customer at the then prevailing rate per hour. Conversion, if necessary, will be provided for in the Supplement(s) and will be invoiced as incurred at the rate specified in the applicable Supplement(s) or at HTE's then prevailing rate per hour. Data must be given to HTE in an IBM compatible format on a specified magnetic media. Data must match data field definition. Input data file clean up shall be the responsibility of the Customer. Additional conversion, if necessary, will be invoiced at the prevailing rate per hour. It is understood that no two systems and file structures are exactly alike and there may be a need for some manual conversion efforts to take place along with the electronic conversion. Modifications, if any, will be provided for in the Supplement(s) and will be controlled by the HTE System Change Request form ("SCR") which will be prepared for the Customer by the HTE Project Manager responsible for that module. HTE will proceed on the SCR when the signed SCR is returned with the Customer's authorization along with appropriate payment as provided for in the Supplement(s). 3 Project Management is strongly recommended by HTE, and will be provided for in the Supplement(s) and will be invoiced as incurred. HTE will provide the Customer with the Support Services listed below for the HTE Licensed Program(s) for such period as may be listed in the Supplement(s), and commencing one hundred twenty (120) days after delivery of the Licensed Program(s). Thereafter the Services will be provided on a year-to-year basis provided the Customer exercises the option and pays HTE's annual support fee. a. Toll free telephone support line; twenty-four (24) hours a day, seven (7) days per week. b. Electronic support. c. Product updates and new releases of the covered Licensed Program(s). d. Response time to calls within approximately two (2) hours of call. e. Error corrections as made. Support requests for the first one hundred twenty (120) days after delivery of the Licensed Program(s) shall be directed to the appropriate HTE project manager or trainer. Upon commencement of the HTE Support Services, telephone support will be provided using a dedicated support telephone number, and the Customer must have Electronic Customer Support installed. Support requests relating, if applicable, to third party hardware or software will be directed to the Vendor of such products unless otherwise provided for in the Supplement(s). Unless otherwise stated herein or in the Supplement(s), HTE shall assume no responsibility for the pricing of, payment to, or provision for support services of any third party Vendors. HTE shall not supply any support services nor be liable for any damages in the event that any portion of the Licensed Program(s) is used on equipment or with sot~xvare products or software systems other than those supplied or approved by HTE. Customer shall receive written authorization from HTE before attaching to the computer system any equipment not supplied or approved by HTE. Authorization shall not be withheld unless said equipment will cause operational damage to the system, or require undue system support from HTE. Customer acknowledges that the systems supplied by HTE have unique operating properties and are a matched system of components which must not be altered, modified, or tampered with without specific assistance from HTE designated personnel. HTE shall not be liable for any damage or loss of function which results from violating the approved operating environment by personnel not approved by HTE. In the event of the failure of any hardware component or other third party product supplied under this Agreement to function or operate in conformance with specifications, HTE shall have no obligation for warranty beyond that of the hardware or other third party manufacturer or that specified in the Supplement(s). VIII. PROTECTION AND SECURITY OF PROPRIETARY MATERIALS The Customer acknowledges that the Licensed Program(s), including the source code, design specifications and associated documentation of the Licensed Program(s), (the "HTE Proprietary Information") constitute proprietary information and trade secrets of HTE and will remain the sole property of HTE. The Customer agrees that it shall not at any time sell, assign, transfer or otherwise make available to, or allow use by, a third party any of the HTE Proprietary Information. The Customer shall hold in confidence the HTE Proprietary Information for its benefit and internal use only by its employees. The Customer further acknowledges that, in the event of a breach or threatened breach by the Customer of the provisions of this paragraph, HTE has no adequate remedy in money or damages, and, accordingly, shall be entitled, without bond, to an injunction against such breach or threatened breach. IX. WARRANTY HTE warrants that for a period of ninety (90) days after acceptance, as provided for in Section VI, the HTE Licensed Program(s) listed in the Supplement(s) will perform in substantial compliance with the reference documentation supplied by HTE, provided the Licensed Program(s) are used in the proper operating environment. HTE does not warrant that the functions contained in the Licensed Program(s) will meet the Customer's requirement or will operate in the combinations which may be selected for use by the Customer after the ninety (90) day period after the completion of the Licensed Program 4 testing described in Section VI. Any other utility or incidental software distributed by HTE will be on an "AS IS" and "WITH ALL FAULTS" basis without warranty of any kind either expressed or implied. HTE shall be responsible only for the Licensed Program(s) and products as originally supplied and accepted by Customer, and for changes made to the Licensed Program(s) by HTE's authorized representatives. HTE will not be responsible for the consequences of attempts at changes or modifications to the products and Licensed Program(s) made by the Customer or any other unauthorized party. HTE warrants that it has the right to license the HTE Licensed Program(s) listed in the Supplement(s) and that the HTE Licensed Program(s) does not infringe any intellectual property of any third party. HTE agrees to indemnify Customer against expenses, including reasonable attorneys' fees, and liability arising from any claim of infringement related to HTE Licensed Program(s) provided HTE shall have the right to control the defense or settlement of any such claim. If use of the HTE Licensed Program(s) by the Customer is enjoined by any infringement proceeding, HTE shall, if possible, obtain without unreasonable expense the right of License for the Customer to use the HTE Licensed Program(s) or if that is not possible, HTE shall refund to the Customer the license fee(s) paid under this Agreement for the particular Licensed Program(s) that is determined to be infringing. HTE does not make any representations or warranties with respect to intellectual property rights of any third party products. Any such representations or warranties are made solely by the Vendor of such products, and shall not be construed as a warranty with respect to infringement and the like by HTE. HTE MAKES NO WARRANTIES, OTHER THAN AS STATED HEREIN, WITH RESPECT TO THE PARTICULAR LICENSED PROGRAM(S), EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. X. COPY AND USE Customer shall have the right to use the Licensed Program(s) in equipment or systems supplied or approved by HTE while this Agreement is in effect. Customer shall have the right to make copies of the Licensed Program(s) and the associated reference documentation for archival and/or backup purposes only. Any copies made by Customer shall be the property of HTE. XI. LIMITATION OF LIABILITY AND REMEDIES To the extent permitted by law, and to the extent provided for under this Agreement, for claims related to bodily injury, death and damage to real prope~y and tangible personal property, HTE shall indemnify and hold harmless the Customer from and against all direct damages and costs of any kind, including but not limited to reasonable attorney fees, arising out of or resulting from any willful negligent acts, or willful negligent omissions of HTE, regardless of whether such claims are caused in part by any party indemnified hereunder, but not to the extent that the Customer is legally liable for such damages and costs. In no event, however, will HTE be liable for any consequential damages, including lost profits, savings or reprocurement costs, even if HTE has been advised of their possibility. Except for HTE's obligations to indemnify the Customer under infringement actions, as noted in Sections IX and XII of this Agreement, and claims for personal injury or damages to real or tangible pemonal property caused by HTE's negligence as noted above, HTE's liability for damages to the Customer for any cause whatsoever under this Agreement, regardless of the form of action, is limited to the total amount of fees paid by Customer under this Agreement for HTE Licensed Program(s) and services, not including any fees associated with HTE project management and related out-of-pocket expenses. In situations involving performance or nonperformance of Licensed Program(s) furnished under this Agreement, the Customer's remedy is (1) the correction by HTE of Licensed Program defects, or (2) if, after repeated efforts, HTE is unable to make the Licensed Program(s) operate as warranted, the Customer shall be entitled to recover damages to the limits set forth in this section. XIl. PATENT AND COPYRIGHT INDEMNITY HTE will, at its expense, defend the Customer against any claim that the HTE Licensed Program(s) supplied hereunder infringe a patent or copyright in the United States, Puerto Rico, or Canada, and HTE will pay all costs, damages and attorney's fees that a court finally awards as a result of such claim. To qualify for such defense and payment, the Customer must: a. Give HTE prompt written notice of any such claim, and 5 b. Allow HTE to control, and fully cooperate with HTE in the defense and all related settlement negotiations. The Customer agrees to allow HTE, at HTE's option and expense, if such claim has occurred or in HTE's judgment is likely to occur, to procure the right for the Customer to continue using the Licensed Program(s) or to replace or to modify them so that they become non-infringing. If neither of the foregoing alternatives is available on terms which are reasonable in HTE's judgment, upon written request, the Customer will return the Licensed Program(s) to HTE, and HTE shall refund to the Customer the license fee(s) paid under this Agreement for the particular Licensed Program(s) that is determined to be infringing. HTE shall have no obligation with respect to any such claim based upon the Customer's modification of the Licensed Program(s) or their combination, operation or use with data or programs not furnished by HTE or in other than the specified operating environment. This section states HTE's entire obligation to the Customer regarding infringement. XIII. COPYRIGHT PROTECTION The software and any written documentation associated therewith are protected under the Copyright Laws of the United States. HTE warrants and Customer acknowledges that HTE has the following exclusive rights with regard to the Licensed Program(s): a. To reproduce the Licensed Program(s) in any or all forms. b. To adapt, transform or rearrange the Licensed Program(s). c. To prepare other products derivative of the Licensed Program(s). d. To cona'ol the distribution of the Licensed Program(s). Customer agrees not to violate any of HTE's rights or to assist or aid others in doing so. Customer agrees to preserve all copyright and other notices in the Licensed Program(s) and written documentation. XIV. MISCELLANEOUS AGREEMENT PROVISIONS Applicable Law. This Agreement shall be governed by the laws of the State of Florida. Binding Agreement. The individual signing this Agreement and any Supplement(s) to this Agreement for the Customer warrants that they have been duly authorized to bind their respective principals to all rights, duties, remedies, obligations and responsibilities incurred by way of this Agreement and that the Agreement and any Supplement to the Agreement are a valid and binding obligation of the Customer. Assignment. This Agreement and the rights, title, and interest may not be assigned or ~ansferred by the Customer without the prior written consent of HTE, which consent may be withheld by HTE. HTE may assign its rights, title and interest by providing prior written notice to the Customer. Successors Bound. The terms and conditions of this Agreement shall extend and inure to the benefit and be binding on the respective successors and assigns of Customer and HTE. Force Majeure. HTE is not responsible for failure to have fulfilled its obligations under this Agreement due to causes beyond its control. Severability. If any term or provision of this Agreement or the application thereof to any entity, person or circumstance shall, to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to entities, persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each remaining term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Notices. Any notice provided for herein shall be in writing and sent by registered or certified mail, postage prepaid, addressed to the party for which it is intended at the address set forth on the first page of the Agreement or to such other address as either party shall from time to time indicate in writing. Any such notice to be deemed to be effective upon receipt or five (5) days from the date of the mailing, whichever occurs first. 6 Headings. Numbered topical headings, articles, paragraphs, subparagraphs or titles in this Agreement are inserted for the convenience of organization and reference and are not intended to affect the interpretation or construction of the terms thereof. Non-Hiring Statement. During the term of this Agreement and for a period of twenty-four (24) months after the termination of this Agreement, the Customer may not offer to hire or in any way employ or compensate any of the employees of HTE or persons who have been employed by HTE within the immediate past twenty-four (24) months without prior consent of liTE Non-waiver. Waiver of any breach or default hereunder shall not constitute a continuing waiver or a waiver of any subsequent breach either of the same or o£ another provision of this Agreement. Arbitration. In the event of a dispute arising under this Agreement the objecting party shall notify the other, in writing, of the nature of the dispute, and the parties shall attempt to resolve the issue under dispute. It is hereby agreed between the parties that if no such resolution is found then such dispute shall be submitted by the objecting party to binding arbitration in accordance with the provisions of the American Arbitration Association. Any such arbitration shall be conducted by a panel of three (3) arbitrators in a mutually agreeable location under the laws of the Florida. The parties shall endeavor to ensure that the arbitrators are knowledgeable in business information and data processing systems. One (1) arbitrator shall be chosen by each party involved, and the third arbitrator will be mutually agreed upon by both parties. If the parties cannot agree on the selection ora third arbitrator, the two (2) arbitrators previously chosen will select the third arbitrator. The decision and award of the arbitrators will be final and binding and may be registered in any court of competent jurisdiction. Any disputes submitted for arbitration must be submitted within two (2) years from the date of the occurrence or from the date on which the injured party learns of the occurrence, whichever is later. Entire Agreement. This Agreement and any Supplement(s) and/or Amendments to this Agreement constitute the entire Agreement between the parties, and there are no representatives, conditions, warranties, or collateral agreements, expressed or implied, statutory or otherwise, with respect to this Agreement other than as contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either written or oral, between the parties to this Agreement. This Agreement may not be modified, omitted or changed in any way except by written agreement signed by persons authorized to sign agreements on behalf of the Customer and of HTE. Both parties acknowledge that they have read this Agreement and agree to be bound by the terms and conditions herein. CITY OF AVENTURA By: ~san D. Falotico Vice President/Controller Chief Accounting Officer Title Date Title Date 5/27/97 IBM and AS/400 are registered trademarks of International Business Machines Corporation. 7 H.T.E., INC. HARDWARE PURCHASE AGREEMENT This Agreement for Computer Hardware Equipment, subject to the limitations and conditions set forth in this Agreement, as more specifically described in the attached Hardware schedule(s) (the "Schedule(s)"), is entered into by and between: H.T.E., Inc. (HTE), a Florida Corporation, with it principal place of business at: 390 North Orange Avenue, Suite 2000, Orlando, Florida 32801; AND CITY OF AVENTURA (Customer) with its principal place of business at 2999 NE 191s'r STREET, SUITE 500 AVENTURA, FLORDIA 33180 Whereas Customer agrees to buy, and H'II2; agrees to sell the computer equipment, associated hardware, and systems software features (the "Hardware") listed in the Schedule(s), it is hereby agreed as follows: 1-1't'E shall sell to Customer and Customer shall buy from HTE the Hardware listed on the Schedule(s), under the terms and conditions contained herein. Customer may not cancel or modify any order for Hardware described on the Schedule(s) without the prior written consent of liTE. II. SYSTEMS SOFTWARE Customer shall receive a license to use the systems software (the "Systems Sottware") that is provided by the Manufacturer to operate the Hardware and is more fully described on the attached Schedule(s), and title to the Systems Software shall remain with the Manufacturer. Customer agrees to protect the Systems Software, which is and shall remain proprietary to the Manufacturer, in accordance with the Manufacturer's instructions. IH. INSTALLATION Customer shall contract with the Manufacturer's Services Officer to arrange for the upgrade and installation of the Hardware listed in the Schedule(s) and shall be responsible for all necessary site preparations prior to and during the installation of the Hardware in accordance with I-II'E and Manufacturer's instructions. Such site preparations may include, but are not limited to, provisions of electric power requirements, the installation of all required data and power cabling, and the provision of sufficient furniture and flooring for the Hardware. Aven-hdw I Customer shall bear any costs or penalties incurred by HTE as a result of Customer's failure to provide adequate facilities for installation as per HTE and Manufacturer's instructions or as a result of Customer's failure to accept delivery of the Hardware. However, in no event shall any delays in such site preparations by the Customer negate the payment terms as provided for in the Schedule(s) to this Agreement. In the event that the Customer makes any changes to the Hardware order (i.e. Hardware configuration, delivery date, Customer Facility location, etc.) which results in increased prices from the Manufacturer or the imposition of late order charges/penalties by the Manufacturer, Customer shall reimburse HTE for such changes/penalties or increase in cost at the time of those charges. Additionally, any Hardware deposits received by HTE from the Customer will be retained by HTE if HTE is required to return the Hardware to the Manufacturer due to any reason that is not the fault of HTE. Customer agrees to grant access to the Manufacturer and/or HTE as needed, to install mandatory engineering changes, order features, or model conversions to the Hardware. In conjunction with the installation of the Hardware, HTE will provide Customer with one (1) copy of each of thc Manufacturer's hardware manuals which have been provided by Manufacturer without charge to HTE. IV'. DELIVERY Delivery dates are approximate and any delivery schedule provided is estimated only and presented in good faith by HTE. HTE will not assume any liability, consequential or otherwise, for any delay or failure to deliver all or any part of the Hardware. Customer will pay all installation, set-up, rigging, draying, insurance and shipping charges (F.O.B. place of manufacture). It is the responsibility of Customer, upon receipt, to inspect the Hardware and to note any damage or missing items on the freight bills. V. PRICING AND PAYMENT TERMS All pricing and terms associated with the Hardware are specified in the attached Schedule(s). Amounts payable to HTE as specified are payable in full without setoff or deduction. In addition to the Purchase Price and all other charges required to be paid by Customer, Customer shall pay sums equal to all taxes (including, without limitation, sales, use privilege, ad valorem or excise taxes) however designated, levied or based on amounts payable to I-ITt5 hereunder or on Customer's use or possession of the Hardware pursuant to this Agreement, but exclusive of United States federal, state, and local taxes based on the net income of HTE. Customer shall not deduct from payments to HTE any amounts paid or payable to third parties for taxes, however designated. VI. MAINTENANCE Maintenance is not provided under the terms of this Agreement. Unless otherwise provided for herein, it shall be Customer's responsibility to keep and maintain the equipment in good operating order, and to provide for the maintenance of the Hardware. HTE has advised Customer that maintenance is available from the Manufacturer and other third parties and that securing proper maintenance is essential to the proper functioning of the Hardware and perhaps to the continuation of warranty coverage. HTE makes no claims as to the reputability &any third party maintenance vendors. Aven-hdw 2 VII. WARRANTIES HTE is not the manufacturer of the Hardware, and therefore makes no warranties, express or implied, concerning the Hardware and Systems Software. No representation or other affirmation of fact, including but not limited to statements regarding capacity, suitability for use or performance of the Hardware or Systems Software shall be or be deemed to be a warranty or representation by HTE for any purpose, nor give rise to any liability or obligation of HTE whatsoever, and the provisions of any Manufacturer's agreement with HTE setting out the Manufacturer's warranty and service responsibilities together with all limitations thereon and exclusions therefrom are incorporated into and made a part of the Agreement. Upon full payment of the Purchase Price, HTE shall provide for Customer to receive any and all Manufacturer's warranties in connection with the Hardware and Systems Software and all rights to make claim for breach of warranty which are or may be available with respect to the Hardware and Systems Software and all rights to make claim to the Hardware and Systems Software, to the extent allowed by the Manufacturer. Customer understands that the warranties provided under this Agreement may commence upon availability of the Hardware for delivery, shipment from the Manufacturer, date of installation or upon a specified period following shipment from the Manufacturer (depending upon the Manufacturer). HTE MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE HARDWARE AND SYSTEMS SOFTWARE, AND EXPRESSLY DISCLAIMS THE SAME. SPECIFICALLY, HTE DOES NOT WARRANT THE DESIGN OR CONDITION OF THE HARDWARE, ITS MERCHANTABILITY OR ITS FITNESS OR CAPACITY OR DURABILITY FOR ANY PARTICULAR PURPOSE, THE QUALITY OF THE MATERIAL OR WORKMANSHIP OF THE HARDWARE OR CONFORMITY OF THE HARDWARE TO THE PROVISIONS AND SPECIFICATIONS OF ANY PURCHASE ORDER OR ORDERS RELATING THERETO. VIII. LI1VIITATIONS OF LIABILITY Except for I-H'E's obligations to indemnify the Customer under infringement actions and claims for personal injury or damages to real or tangible personal property caused by HTE's negligence, HTE's liability for damages to the Customer for any cause whatsoever under this Agreement, regardless of the form of action, is limited to the greater of $100,000.00 or the charges (if recurring, 12 months' actual charges apply), for the product that is the subject of the claim. HTE shall not be liable for any damages caused by delay in shipment, installation, or furnishing of Hardware, Systems Software, or services under this Agreement and, in no event shall HTE be liable for any consequential damages, including lost profits, savings or reprocurement costs, even if liTE has been advised of their possibility. Any claims or matters related to any liability under this paragraph or any other provision of this Agreement shall be directed solely to the Manufacturer of the Hardware or Systems Software. IX. TITLE- SECURITY INTEREST The title and the risk of loss shall pass to Customer on delivery to the carrier at Manufacturer's facility unless otherwise noted in the applicable Schedule(s). HTE may, however, reserve a purchase money security interest in the Hardware, to secure any unpaid portion of the Purchase Price. A copy of this Agreement may be filed on behalf of HTE with appropriate Aven-hdw 3 state authorities at any time after signature by Customer as a financing statement in order to protect its security interest in the Hardware. Until such time as the Pumhase Price and all other charges specified herein are paid in full, Customer shall: a) Maintain the Hardware in good operating condition. b) Keep the Hardware free from liens and encumbrances. c) Not permit use of the Hardware in any manner likely to be injurious to the Hardware. d) Not remove or permit removal from its original location or make or permit any alterations without the prior consent of HTE. e) Keep HTE advised of the location of the Hardware, and permit HTE to inspect the Hardware at all reasonable times. f) Procure and maintain fire, extended coverage, vandalism, and malicious mischief insurance to the full insurable value of the Hardware, with loss payable to HTE and Customer as their interest shall appear. X. LEGAL FEES AND WAIVER In the event of any legal action brought by HTE for breach of this Agreement, HTE shall be entitled to reimbursement by Customer of all costs, expenses, and legal fees incurred in obtaining a remedy to the Customer's breach, including an appeal. Failure of HIE to enforce the breach of any portion of this Agreement by Customer from time to time shall not constitute a waiver of such right in respect to the same or any other breach. XI. COMI~LIANCE WITIt LAWS Customer shall comply with and conform to all local, municipal, state and federal laws relating to the operation of the Hardware. XII. MISCELLANEOUS Applicable Law. This Agreement is to be governed by and construed under the laws of the State of Florida. Severability. In case any one or more of the provisions contained in this Agreement or any application thereof shall be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein and any other applications thereof shall not in any way be affected or impaired thereby. Force Majeure. No party shall be liable for delay in performance hereunder due to causes beyond its control, including but not limited to acts of God, fires, strikes, delinquencies of suppliers, acts of war, or intervention by any governmental authority, and each party shall take steps to minimize such delay. Assignment. Neither this Agreement, nor any interest therein, shall be assigned by Customer without the express written consent of HTE. Aven-hdw 4 Successors Bound. The terms and conditions of this Agreement shall extend and inure to the benefit and be binding on the respective successors and assigns of Customer and HTE, including shareholders in liquidation. Notices. Any notice provided for herein shall be in writing and sent by registered or certified mail, postage prepaid, addressed to the party for which it is intended at the address set forth on the first page of this Agreement or to such other address as either party shall from time to time indicate in writing. Any such notice to be deemed to be effective upon receipt or five (5) days from the date of the mailing, whichever occurs first. Entire Agreement. This Agreement and any Schedule(s)and/or Amendments to this Agreement contains the entire agreement between Customer and HTE with respect to the subject matter of this Agreement. All prior arrangements or understandings are superseded by this Agreement. This Agreement may not be amended, modified, omitted or changed in any way except by written agreement signed by persons authorized to sign agreements on behalf of the Customer and of HTE. ACCEPTED BY CUSTOMER CITY OF AVENTURA H.T.E., INC. By: By __.~'~~ Susan D Falot~co Vice President/Cona'oller Chief Accounting Officer 5/27/97 Title Date Title Date ACCEPTED BY H.T.E., INC. Aven-hdw 5 SUPPLEMENT TO H.T.E., INC. SOFTWARE LICENSE AND SERVICES AGREEMENT BY AND BETWEEN H.T.E., INC. AND THE CITY OF AVENTURA SCHEDULE A-PRICING AND PAYMENT SCHEDULE CONTRACT NO HTE-AVEN-9705016 HTE GRAPHICAL LICENSE :~ ~ :No:Di~ys TRAINING :SUPPORT LICENSED PROGRAMS ~ FEES of Traintng FEES ~ FEES GMBA $ 14,400.00 9 $ 9,000.00 $ 4,300.00 Purchasing/Inventory 12,000.00 8 8,000.00 3,200.00 Accounts Receivable 6,400.00 7 7,000.00 2,200.00 Cash Receipts Included with Accounts Receivable 1,000.00 Payroll/Personnel 12,000.00 ] 11 11,000.00 3,200.00 Building Permits 12,000.00I 8 8,000.00 3,000.00 Land Management Included with Building Permits 1,000.00 Business Licenses 4,000.00 4 4,000.00 1,350.00 Code Enforcement 4,000.00 5 5,000.00 750.00 Work Orders/Facility Management 14,400.00 6 6,000.00 5,000.00 Planning & Zoning 12,000.00 5 5,000.00 2,400.00 Asset Management 4,000.00 2 2,000.00 1,800.00 Extended Reporting 6,000.00 2 2,000.00 1,950.00 Applicant Tracking 6,000.00 2 2,000.00 1,750.00 Fleet Management 12,000.00 7 7,000.00 4,300.00 HTE-GUI Interface - Server (GM, PI, MR, 5,500.00 Included with Client CR, PR, BP, LM, OL, CE, WF, PZ, FA, ER, AT, PM) HTE-GUI Interface - Client - 10 Concurrent 4,000.00 1 1,000.00 1,500.00 TOTALS $ 128,700.00 77 $ 77,000.00 $ 38,700.00 ~ .... TOTA~L . ,~T~O~I~, ,iNCURRED/.: ..... ~ ITEM ~ , (~O~TR~ ,,,, ~ ~9~1~ DELVED ~ License Fees $ 128,700.00 $ 64,350.00 $ ~,350.00 T~g Fees 77 days ~ $1,000/day 77,000.00 $ 77,000.00 Suppo~ Fees 38,700.00 38,700.00 Conversion .24 hou~ $100~o~ 2,400.00 1,200.00 1,200.00 ~oject M~agement 12 ~ys ~ $1,000/day 12,000.00 12,000.00 G~ TOTALS $ 258,800.00 $ 65,550.00 $ 90,200.00 $ 103,050.00 Designated Machine Use of the Licensed Program(s) provided in this Supplement on platforms other than specified below, without written permission from HTE, may be subject to an upgrade charge. AS/400 Model: CPU Number: 05/16/97 Payment Terms *The initial term of HTE application support services shall commence one hundred twenty (120) days after delivery of the Licensed Program(s) and extend for a twelve (12) month term. Support fees for the initial term of support are due one hundred twenty (120) days after the first training session. Subsequent terms of support will be for twelve (12) month periods, commencing at the end of the initial support period and support fees will be due at that time at the then prevailing rate. Rates for subsequent years of support service are subject to change. *Payment terms for the Licensed Programs are as follows: $64,350, is due at Contract Execution. $37,150 is due thirty (30) days after Contract Execution. $15,200 is due on December 31, 1997. $12,000 is due on October 31, 1998. Program Package Discount The above quoted prices on License Fees reflect a substantial Program Package Discount ("PPD") of 20%. PPD's apply only to unmodified applications purchased on a single contract. Changes which reduce the number of applications requested may result in changes to contract prices. Travel and Living Expense Actual and reasonable travel and living expenses are in addition to the prices quoted for the HTE Licensed Programs and services and will be invoiced as incurred. Application Training The number of training sessions and the number of hours of training vary per applications. Listed above are the number of hours for the Licensed Programs listed herein, and the standard fee per application. Additional application training can be provided upon request at the standard billing rate in effect at that time, which at the time of this Supplement is One Thousand Dollars ($1,000) per day. The fee quoted above does not include travel and living expenses. Project Management A description of Project Management is attached to this Supplement, if applicable, and will be invoiced as incurred, at the standard billing rote in effect at that time, which at the time of this Supplement is One Thousand Dollars ($1,000) per day. A mutually agreeable work plan will be created by the HTE Project Manager and the Customer, and will be made a part of this Supplement. Additional hours of Project Management, if requested by Customer, will be invoiced as incurred at the then current HTE daily rate. Conversion Conversion as provided for in the Supplemant(s) will be invoiced as incurred at the rote specified above. Additional Conversion, if necessary, will be invoiced as incurred at the rate specified above or at HTE's then prevailing rate per hour. Data must be given to HTE in an IBM compatible format on a specified magnetic media and must match data field definition. Input data file clean up shall be the responsibility ofthe customer. Additionalconversion, ifnecessary, will be invoiced at the prevailing rate per hour. It is understood that no two systems and file structures are exactly alike and there may be a need for some manual conversion efforts to take place along with the electronic conversion. Modifications Modifications will be controlled by the HTE System Change Request ("SCR") form which will be prepared for the Customer by the HTE Product Manager responsible for that module. HTE will proceed on the SCR when the signed SCR is returned with the Customer's authorization along with 50% payment. The f'mal 50% payment is due upon completion. Aven-a 2 05/16/97 Non-Hiring Statement During the term of this Agreement and for a period of twenty-four (24) months afl, er the termination of this Agreement, the Customer may not offer to hire or in any way employ or compensate any of the employees of HTE or persons who have been employed by HTE within the immediate past twenty-four (24) months without prior consent of HTE. Prices quoted above will be honored through June 30, 1997. CITY OF AVENTURA By: By: Su Vice President/Controller Chief Accountin~ Officer 5/27/97 Title Date Title Date Aven-a 3 05/27/97 SUPPLEMENT TO H.T.E., INC. SOFTWARE LICENSE AND SERVICES AGREEMENT BY AND BETWEEN H.T.E., INC. AND THE CITY OF AVENTURA SCHEDULE B-HARDWARE PRICING SUMMARY AND PAYMENT SCHEDULE CONTRACT NO HTE-AVEN-9705016 AS/400 System Hardware $ 30,564.30 $ 15,282.15 $ 15,282.15 AS/400 System Software 7,762.25 3,881.13 3,88 I. 13 Network 6,792.00 3,396.00 3,396.00 Cash Receipt Stations 3,178.00 1,589.00 1,589.00 Training 6,200.00 3,100.00 3,100.00 Installation 6,200.00 3,100.00 3,100.00 HTE AS/400 Support Line Services* 3,500.00 3,500.00 HTE Network Support Line Services* 1,500.00 1,500.00 HARDWARE TOTALS $ 65,696.55 $ 30,348.28 $ 35,348.28 Footnotes *Fees for HTE Support Line Services are due 90 days after installation of the AS/400. Prices Prices quoted above are per the attached Investment Summary and are fu'm for 90 days from the date of this proposal. Prices are subject to change on orders, or portions of orders, that are not placed within this 90 day period. Travel and Living Expenses Actual end reasonable travel and living expenses are in addition to the prices quoted for the applications and will be invoiced as incurred. Warranty and Maintenance Unless otherwise stated, Customer shall enter into separate purchase of maintenance agreements with each individual hardware supplier for the equipment. Warranty and maintenance offerings fi.om HTE for its Program Products do not apply to any hardware supplied under this schedule. Prices quoted above will be honored through June 30, 1997. Aven-b I HTE System Hardware / Software Investment Summary City of Aventura, Florida 5/14/97 Time 1:59 PM Description Extended Discount Net Cost Cost Maintenance Annual ~ AS/400 System Hardware AS/400 System Software Network Cabling Cash Receipt Stations Installation Training HTE AS/400 Support Line Services HTE Network Support Line Services $35,958.00 $5,393.70 $30,564.30 $8,885.00 $1,122.75 $7,762.25 $6,792.00 $0.00 $6,792.00 $0.00 $0.00 $0.00 $3,178.00 $0.00 $3,178.00 $6,200.00 $0.00 $6,200.00 $6,200.00 $0.00 $6,200.00 $3,500.00 $1,500.00 $1,842.00 $542.52 The Maintenance Fees shown are for informational purposes only. Maintenance fees are payable directly to the Manufacturer or other party providing the maintenance services. Please do not include these maintenance fees in any purchase orders or paymenL~ sent to HTE. *Note: System configurations and sizing are based on information contained in the RFP. HTE reserves the right to make changes to thc final configuration based on further discussion and/or an on-site analysis. Prices stated are valid for 90 days from thc proposal submission date. If applicable, thc prices for IBM products and services arc subject to change and arc submitted for your information only. Thc terms and policies of thc IBM Corporation govern any portion of this proposal relating to IBM products and scrviccs. H.T.E., Inc. CONFIDENTIAL Aventura Page I SUMMARY Date 5/14/97 System Hardware Description AS/400 9402-400 2130 13.8 CPW Processor 128Mb of Memory $.38Gb of Disk Storage Ethernet Adapter Three Communication Lines 3487-HG1 lnfowindow (system console) 4230-41Z 4230 IPDS Line Printer - 600eps Microcom 28.8 ECS Modem Deltec RST3 I-NET UPS w/Battery Pack City of Aventura, Florida ASI400 9402-400 System Hardware/Software Pricing Qty Unit Extended Discount Net Price Price 15% Cost 1 $26,643.00 $26,643.00 $3,996.45 $22,646.55 Annual Maintenance $1,260.00 1 $1,050.00 $1,050.00 $157.50 $892.50 $78.00 I $3,596.00 $3,596.00 $539.40 $3,056.60 $504.00 1 $654.00 $654.00 $98.10 $555.90 $0.00 1 $4,015.00 $4,015.00 $602.25 $3,412.75 Note2 Time 1:59 PM Period 12 months 3 months 3 months 60 months 36 months H.T.E., Inc. CONFIDENTIAL Aventura Page 2 AS400 Date 5/14/97 Time 1:59 PM System Software Description City of Aventura, Florida ASI400 9402-400 System Hardware/Software Pricing Qty Number Extended Discount Net Warranty of Users Price 15% Cost Period 5763-SS1 Operating System/400 I 5** $5,495.00 $824.25 $4,670.75 90 days 5636-PUB Library Offering 1 N/A $0.00 $0.00 $0.00 90 days 5763-XA 1 Client Accass/400 I 5'* $0.00 $0.00 $0.00 90 days 5763-PW1 Application Development Toolset~400 I N/A $995.00 $149.25 $845.75 90 days 5763-QU1 Query/400 I N/A $0.00 $0.00 $0.00 90 days 5763-STI DB2/400 QRYMGR & SQL 1 N/A $0.00 $0.00 $0.00 90 days 5763-RGI ILE RPG/400 I N/A $995.00 $149.25 $845.75 90 days 5763-AS1 AS/400 Program Group I N/A $1,400.00 $0.00 $1,400.00 90 days ** This is the maximum number of users for the model 400 #2130 and provides usage for an unlimited number of concurrent users. OfficeVision/400 and Language Dictionaries have not been included in the System Software based on the assumption that the City of Bryan will utilize the HTE interface to Microsof~ Word, as the word processor to be used, for document creation from the HTE applications. H.T.E., Inc. CONFIDENTIAL Aventura Page 3 AS400 Date 5/14/97 City of Aventura, Florida ASI400 9402-400 System HardwarelSotlware Pricing Time 1:59 PM I Installation and/or training prices do not include travel and living expenses. Actual travel and living expenses for installation and/or training trips will be re-billed to the customer. The annual maintenance for the UPS is based on upgrading the standard 3 year Advanced Exchange Warranty to a 7 Day/24 Hour On\Site Warranty for the first 3 years and purchasing the 7 Day/24 Hour Onsite Maintenance Agremmet for years 4 & 5. The prices for the warranty uplit~ and the maintenance agreement are shown below: Upgrade to 3 Year 7 Day/24 Hour On-site Warranty $1,005.00 7 Day/24 Hour On-sits Maintenance - 4th Year $550.00 7 Day/24 Hour On-site Maintenance - 5th Year $600.00 AS/400 System Installation - 5 Days ($5000) - Statement of work: * Physical Installation of the AS/400 System Hardware/Software * Connect the AS/400 system console * Load any additional IBM system software on the AS/400 * Connect the AS/400 system printer * Adjust the AS/400 system performance parameters * Setup IBM/HTE ECS communication links * Load HTE application software * Initialize HTE Menu Driver application on the AS/400 * Load and Configure HTETGUI on the AS/400 * Physically connect the AS/400 LAN adapter to the cabling system Conneetinn directly into Token-ring MAU, Ethernet HUB or wall plate * Configure LAN adapter on the AS/400 Create line and controller descriptions, etc. on the AS/400 Set up of up to 6 local workstations or PC workstations for training/implementation purposes - The workstations/PCs that are set up are to provide connection to the AS/400 for initial training/implementation purposes only and may not be the final configuration that is eventually used in the LAN envffonment. * Perform a complete system backup * Basic instruction of the system administrator, and customer staffer up to four people, on the use of the AS/400 functions necessary for operation - This training assumes a "train the trainer" approach and is expected to be presented to all of'the individuals being trained at the same time, as opposed to training each person individually. * It is anticipated that the work above will take up to FIVE DAYS, If it is completed in less time, any time remaining can be used as desired by the customer. Note: for estimation and planning purposes a "day" is 7-8 hours of work performed, not necessarily actual calendar days. * AS/400 Installation does not include setting up LAN operating systems, configuring Personal Computers LAN, etc. other that described above. H.T.E., Inc. CONFIDENTIAL Aventura Page 4 AS400 Date 5/14/97 Time 1:59 PM City of Aventura, Florida ASI400 9402-400 System Hardware/Software Pricing Technical Training 5 Days ($5000) - Statement of work: * Follow-up instruction of the system administrator, and customer staff of up to four people, on the use of the AS/400 functions necessary for operation - This training assumes a "train the trainer" approach and is expected to be presented to all of the individuals being trained at the same time, * Setup and follow-up training on HTE Menu Driver. * Additional system training on topics desired by the customer as time allows. * It is anticipated that this training will take up to FIVE DAYS, If it is completed in less time, any time remaining can be used as desired by the customer. Note: for estimation and planning purposes a "day" is 74 hours of maining performed, not necessarily actual calendar days. H.T.E., Inc. CONFIDENTIAL Aventura Page 5 AS400 Date 5/14/97 City of Aventura, Florida Time 1:59 PM Network Pricing Hardware Description Novell Netware for SAA Server ALP, Pentium 100Mhz, 64 Mb RAM, 4 Gb HDD, 10X CD-ROM, PCI Ethernet Card, Monitor, Mouse, Floppy, Keyboard ALRPI00K2 Ethernet AUI Transceiver (UTP RJ-45) Qty Unit Extended Discount Net Annual Price Price Cost Maintenance I $3,616.80 $3,616.80 $0.00 $3,616.80 $542.52 $54.00 $54.00 $0.00 $54.00 N/A Warranty Period N/A N/A Software Description Novell Netware for SAA - 25 User License Novell Host Print/400 1 $2,160.00 $2,160.00 $0.00 $2,160.00 I $961.20 $961.20 $0.00 $961.20 NIA N/A Network Hardware/:Software total Network Installation (hours) ~ Network Training (hours) ~ Installation and/or training prices do not include travel and living expenses. Actual travel and living expenses for installation and/or training trips will be re-billed to the customer. Novell Netware for SAA Server Installation - Statement of Work: H.T.E., Inc. CONFIDENTIAL Aventura Page 6 NETVVORK Date 5/14/97 City of Aventura, Florida Network Pricing * Install Network Interface card in Server * Physically connect the SAA Gateway Server to the Ethernet/Token Ring network * Load and configuru Novell Netware for SAA software on the SAA Gateway Server & Adjust SAA Gatway performance parameters *Create a controller for the Ethemetfl'oken Ring adapter on the AS/400 * Load and configure Novell Host Print/400 software on the SAA Gateway Server & Adjust SAA Gatway performance parameters *Create a controller for the Printer Device for Hostprint 400 on the AS/400 Above Mentioned does not include setting up any other LAN operating systems, configuring Personal Computers, etc.. NetworkTraining - Statement of Work: * Instruction of Network support staff in configuration and use of Netware for SAA & Host Print Software: - maintnenance for network changes, additional, deletions, Windows SAA Manager configuration - hack-up & recovery issues - Windows 95 Client Access - Includes show the customization of loading the different interfaces, autoloadlng, IPX/TCPIP Configuartion & tweaking for WAN connectitivty - Windows For Workgroups 3. I 1 Client Access - Includes show the customization of loading the different interfaces, autoloadlng, IPX/Configuartion & tweaking for WAN connectitivty Time 1:59 PM H.T.E., Inc. CONFIDENTIAL Aventura Page 7 NETWORK Date 5/14/97 City of Aventura, Florida Time 1:59 PM Cabling Requirements Material Description Qty Unit Extended Price Cost It is assumed that the existing Ethernet network cabling that currently exists at the City of Aventura will be used for connecting the A$/400 and the SAA Gateway Server to the workstations on the existing City of Aventura network The systems proposed are configured to attach to the network via 10BaseT Category 5 cabling. H.T.E., Inc. CONFIDENTIAL Aventura Page 8 CABLING Date 5/14/97 City of Aventura, Florida Time 1:59 PM Cash Receipts Pricing Description Cash Recetpts Stations Qty Unit Extended Discount Net Annual Warranty Price Price Cost Maintenance~ Period These Cash Receipts stations are shown for informational purposes. The number of cash receipt stations needed by the City will need to be determined based on additional requirements definition from the City of Aventura. It is assumed that the cash receipt station shown below will be connected to the PCs/Workstations in the City of Aventura network HTE can supply additional workstations if they are needed A Sample PC Workstation is shown on the following page for informational and planning purposes. Register Tape Printer - model 53 2 $950.00 $1,900.00 SLD 2120 Cash Drawer with Locking Money Tray 2 2 $200.00 $400.00 Money Tray with Lock and Lid 2 $75.00 $150.00 Stamp Kit I $260.00 $260.00 $0.00 $1,900.00 $0.00 $400.00 $0.00 $150.00 $0.00 $260.00 N/A N/A N/A N/A 12 months 12 months 12 months 12 months H.T.E., Inc. CONFIDENTIAL Aventura Page 9 CASH RECEIPTS Date 5/14/97 City of Aventura, Florida Time 1:59 PM Cash Receipts Pricing Options Description Qty Unit Extended Price Price Discount Net Annual Warranty Cost Maintenance2 Period OCR - Model 833 with Hand Wand or Slot Reader 3 2 $2,500.00 $5,000.00 Barcode-Model 1021 Wedge & 5510 Laser Scanner 3 2 $2,000.00 $4,000.00 Money Tray without Lock and Lid 1 $140.00 $140.00 $0.00 $5,000.00 $0.00 $4,000.00 $0.00 $140.00 N/A 12 months N/A 12 months N/A 12 months Sample PC Workstation IBM PC Pentium 100MHz; 16Mb RAM, 1.2GMb 1 $1,795.50 $1,795.50 HDD; Keyboard; Mouse, DOS/Windows Magnavox 15" SVGA Color Monitor 1 $394.80 $394.80 IBM ISA Ethernet 10BaseT Adapter 1 $106.80 $106.80 $0.00 $1,795.50 $70.00 12months $0.00 $394.80 $79.00 12 months $0.00 $106.80 $0.00 N/A ~ Annual Maintenance for the Cash Receipt equipment, other than the PC, is available from the manufacturer. HTE would provide a maintenance quote if the City desires. The City will be responsible for supplying the parallel cable required to connect the PC workstation to the Cash Drawer. Both OCR and Barcode are available for the Cash Receipt Station. Each is available in either a hand wand or slot reader model. 4 Travel and living expenses are not included. Actual expenses will be re-billed to the City. H.T.E., Inc. CONFIDENTIAL Aventura Page I0 CASH RECEIPTS Date 5/14/97 Time 1:59 PM AS/400 Hardware/Software Technical Support Services HTE SYSTEM TRAINING / INSTALLATION ASSISTANCE HTE Technical Services group provides AS/400 installation assistance for new system installations and for AS/400 system upgrades. HTE will order, track, schedule deliver7 for the proposed AS/400 system. In addition, HTE will bill and invoice thc customer for the proposed AS/400 system and associated peripherals. An AS/400 consultant / System Engineer will assist with: * Project Planning / Management to ensure timely and accurate implementation of deliverables * Provide pre-site planning review * Perform on-site services such as: * installation of IBM Cumulative system sot~ware maintenance tapes * installation of HTE application sot~ware * installation of proposed non-IBM and IBM customer set-up equipment * define system parameters and devices to the AS/400 * provide system operations / administration training for up to 3 users Aventura H.T.E., Inc. CONFIDENTIAL SUPPORT Date 5/14/97 Time 1:59 PM AS/400 Hardware/Software Technical Support Services HTE TECHNICAL SUPPORT LINE HTE Technical Support Line is an HTE service to help enhance the productivity of AS/400 users and support staff. It is designed to provide customers a single focal point for AS/400 system-related issues. HTE Support Line is available 7 days a week, 24 hours a day. HTE Support is accessible either electronically or by telephone. The HTE Technical Support Line provides assistance with: * Usage questions for system software such as OfficeVision/400, Query/400, Rumba/400 * Usage questions for system software integration with HTE applications * System operator and system administrator usage questions such as responding to messages, security, profiles * Device set-up and connectivity issues * System software and hardware upgrade planning * Assistance with hardware problem notification and management to third party vendors * System software problem handling and resolution The HTE Technical Support Line for PC's and Networks provides assistance with: * General LAN/WAN questions * Device set-up and connectivity issues * System operator and system administrator usage questions such as responding to messages, security, profiles * Usage questions for system software integration with HTE applications * Assistance with hardware problem notification and management to third party vendors * Network Operating System assistance configurations and tuning * Bulletin Board assistance for fixes Aventura H.T.E., lnc, CONFIDENTIAL SUPPORT HTE, Inc. SYSTEM CHANGE REQUEST CLIENT: City of Aventura APPLICATION: Land/Parcel Management SCRNUMBER: 9705027 IDATE:05/14/9; REQUEST DESCRIPTION To analyze Client identified data files from the existing Land Management System and develop customized conversion programs to successfully convert identified data elements to the HTE (LX) Land / Parcel Management System. The scope of this project will include the conversion of the following data entities. Location Information Location address Related Party / Owner Information Parcel Information Other details, if available may be converted at an additional cost. Legal description, Valuation information, Miscellaneous codes, TOTALHOURS:I 24 HTE, Inc. CONFIRMATION: FIXED RATE: $100.00 I TOTALCOST: [ $2,400.00 CLIENT AUTHORIZATION: DATE: REQUESTED COMPLETION DATE: INSTRUCTIONS: 1) Sign and remove white copy for your records. 2) Return yellow and pink copies to HTE, Inc. - FINANCE/ACCOUNTiNG DEPT. 3) Cost is guaranteed for 30 days from the date above. 4) On site Installation and training is not included in cost untess specified above. 5) If this site is under HTE's modification maintenance agreement, this modification will automatically be put under the plan as well. Should you require further information regan;ling HTE's meditication maintenance agreement, please contact HTE's Operations Department at (800) 727-8088. INVOICE · All billing for this request will refer to the SCR number located at top right of this form. · Please remit 50°/° of total cost with signed SCR. Work cannot begin until 50% payment is received. SUPPLEMENT TO H.T.E., INC. SOFTWARE LICENSE AND SERVICES AGREEMENT BY AND BETWEEN H.T.E., INC. AND CITY OF AVENTURA SCHEDULE A-PRICING AND PAYMENT SCHEDULE CONTRACT NO. HTE-AVEN-9705023 HTE GRAPHICAL LICENSE No. Days TRAINING SUPPORT LICENSED PROGRAMS FEES of Training FEES FEES ~AD Ill $ 30,000.00 10 $ 10,000.00 $ 3,860.00 Workstation Site License (20) Included Mapping Function l 0,000.00 3 3,000.00 1,444.00 Mapping Creation 4,000.00 FCIC/NCIC Interface 5,000.00 I 1,000.00 1,800.00 CRIMES 22,000.00 7 7,000.00 4,410.00 HTE-CAD III to SCA AVL Interface 4,000.00 I 1,000.00 745.00 CAD Redundancy 5,000.00 t,000~00 HTE GUI - Client (20 concurrent users)** Included Third Party Software SCA Mobile (20 units) including 133,830.00 Included 24,390.00 HTE Field Incident/Accident Reporting* * Photo Imaging (Compu Color) 25,444.00 I 1,000.00 2,351.00 TOTALS $ 239,274.00 23 $ 23,000.00 $ 40,000.00 PAYMENT SCHEDULE DUE UPON DUE AS DUE TOTAL CONTRACT INCURRED/ AS ITEM CONTRACT EXECUTION DELIVERED NOTED* License Fees $ 239,274.00 $ 120,000.00 $ 119,274.00 Training Fees 23 days ~ $1000/day 23,000.00 $ 23,000.00 Support Fees 15,000.00 15,000.00 Project Management 100 hours ~ $125/hour 12,500.00 12,500.00 GRAND TOTALS $ 289,774.00 $ 120,000.00 $ 35,500.00 $ 134,274.00 Designated Machine Use of the Licensed Program(s) provided in this Supplement on platforms other than specified below, without written permission from HTE, may be subject to an upgrade charge. AS/400 Model: CPU Number: Footnotes *License Fees will be due as follows: $120,000 shall be due upon contract signing, $39,674 shall be due at the time of delivery of the HTE Licensed Program(s), $39,800 will be due on March 1, 1998, and $39,800 shall be due upon delivery of the HTE Field Accident & Incident Reporting modules, which is expected on or before March 1, 1998. * Support Fees in the amount of $15,000 are due on December 31, 1997 for the initial term of maintenance, which expires sixteen (t6) months from the date of contract signing. Support fees for years two and three will be $40,000 per year as indicated above. Fees for years four and five will be increased each year by the amount of Consumer Price Index, from the previous year. All following years maintenance will be at the then current rate; such rate will be no more than that charged to other similar clients. AVEN-PSC 1 05/27/97 **Twenty (20) HTE GUI licenses will be delivered with the initial software. Additional licenses, capable of supporting up to 100 total users will available through the first five years of this Agreement, at no additional charge. **Twenty (20) copies of HTE's Field Accident and Incident Reporting modules will be provided initially. Up to 100 copies will be provided through the first five years of this Agreement, at no additional charge. **Twenty (20) copies of SCA's sot>tware, as quoted in this contract, will be provided initially. An additional 15 copies, for a total of 35, will be provided through the first five years of this Agreement, at no additional charge. However, SCA maintenance charges will be billed as the additional copies am requested. Travel and Living Expense Actual and reasonable travel and living expenses are in addition to the prices quoted for the HTE Licensed Programs and services and will be invoiced as incurred. HTE Application Training The number of training sessions and the number of hours of training vary per applications. Listed above are the number of hours for the Licensed Programs listed herein, and the standard fee per application. Additional application training can be provided upon request at the standard billing rate in effect at that time, which at the time of this Supplement is One Thousand Dollars ($1,000) per day. The fee quoted above does not include travel and living expenses or training fees rates for other 3ra party vendors. Project Management One hundred hours of Project Management Level One have been quoted and determined to be adequate for this installation and will be invoiced as incurred. A description of Project Management Level One is attached. HTE won't bill for additional Project Management hours unless substantial changes in the scope of the project or the schedule is made by the Customer or the Customer specifically requests additional services outside of the scope of this Agreement. Conversion Conversion, if necessary, will be provided for in the Supplement(s) and will be invoiced as incurred at the rate specified above or at HTE's then prevailing rate per hour. Data must be given to HTE in an IBM compatible format on a specified magnetic media and must match data field definition. Input data file clean up shall be the responsibility of the customer. Additional conversion, if necessary, will be invoiced at the prevailing rate per hour. It is understood that no two systems and file structures are exactly alike and there may be a need for some manual conversion efforts to take place along with the electronic conversion. Modifications Modifications will be controlled by the HTE System Change Request ("SCR") form which will be prepared for the Customer by the HTE Product Manager responsible for that module. HTE will proceed on the SCR when the signed SCR is returned with the Customer's authorization along with 50% payment. The fmal 50% payment is due upon completion. Additional HTE Services Additional training, modifications and conversion services, which may be requested by the Customer, outside those already quoted in this contract, will be billed at the rate of $100 per hour through the December 31, 1999. However, the first ten (10) days of additional training will be provided at no daily charge. HTE Technical Services personnel will install HTE's software on all available workstations. If this services takes longer than the hours quoted in this Agreement, those hours will be invoiced at the rate of $62.50. Warranty - Third Party Unless otherwise stated, Customer shall enter into separate purchase of maintenance agreements with each individual hardware or third party software supplier for the equipment or software as may be provided herein. Warranty and maintenance offerings AVEN-PSC 2 05/27/97 by HTE for its Licensed Program(s) do not apply to any hardware or third party software supplied under this Supplement. HTE does not make any warranties for any non-HTE products unless otherwise provided herein. HTE agrees to provide a suitable substitute product for any remarketed third party software product included in this Agreement, which it may discontinue its business relationship with, or in the event that the vendor ceases to do business. HTE also agrees to maintain support agreements to insure that they are at the currently supported and compatible HTE version. HTE will provide "First Call" support for all third party software vendors included in this contract. HTE also agrees to provide the same service for any other third party vendors which may be added to this Agreement. HTE also agrees to bill and collect any maintenance fees for these same vendors. Source Code Escrow HTE will deposit Source Code for HTE Public Safety Licensed Program(s) included under this Agreement into an escrow account. HTE will also arrange for escrow of the SCA products included herein, as well as the products of any future replacement products of the SCA products or for any products provided by a company with whom HTE has a valid HTE Business Partner Agreement, as applicable. HTE will identify those applicable agreements prior to providing the Customer with any products under such agreements. HTE will not provide for escrow of any products for whom HTE does not have HTE Business Partner Agreements, including, but not limited to products such as Compu-Color, XPoint and AVL. Attachments Included as attachments to this Agreement, and incorporated herein by reference, are the Customer's Request for Proposal, HTE's response to the Customer's Request for Proposal and a list of liTE deliverables identified herein as Exhibit A. Turn-Key System HTE will deliver to the Customer a "Turn-Key System" and agrees to be responsible for the installation of a complete hardware, system software, and application sof~avare system, both from and to the AS/400 system, workstations and mobile devices with the exception of those installation services to be provided by L & E Mobile Computer Mounts. All sot~vare provided by HTE under this Agreement will operate on any Customer workstation or laptop computer, subject only to security clearance, and provided the Customer's hardware has been previously sold or approved by HTE. This mm-key guarantee includes operation of the sof~:ware on the Customer's existing LAN. HTE will perform a "walk-through" to review and inventory the Customer's currently installed devices and LAN, and will note any exceptions or additions necessary or any tasks that the Customer will need to perform in order to make the environment compliant with this provision. This provision is intended to cover all products provided under this Agreement by HTE, and not the day-to-day operation of the Customer's current LAN products. Additional Delivery Provisions The HTE Field Accident Reporting'module, including a sketching capability, will be delivered by March l, 1998, and will be based upon State approved reports. The HTE Field Incident Reporting module will be provided and will integrate into a supervisor approval process by March 1, 1998. Full HTE CAD integration on a real-time basis with HTE Crimes is to be delivered by November 30, 1997. HTE will provide a control setting which will allow Customer to determine which CAD names will be transferred to CRIMES. From the CRIMES master name look up when one of these names are selected the corresponding call detail well be displayed. Failure to deliver any of these above referenced products by the agreed upon dates will obligate HTE to provide support services for the HTE Licensed Program(s) included under this Agreement at no charge, until the completed product is delivered to the Customer. The AS/400 configuration will be delivered with a 100 base T Ethernet connection. The Customer will be responsible for site preparation, and the tasks to be completed will be detailed during the walk-through. AVEN-PSC 3 05/27/97 System Performance HTE warrants and guarantees that the IBM AS/400 Model 9402-400 computer configuration will provide adequate capacity and satisfactory performance to satisfy the current and 3-year projected processing requirements of Customer as described in HTE, Inc. response to the Customer's Request for Proposal. l~_is warranty and guarantee is based on current or 3-year master file sizes, current or 3-year transaction volumes, and reasonable history retention requirements. It also assumes that Customer does not add other applications in addition to those included herein. It also assumes Customer does not utilize IBM software products in a way that impacts system performance and that Customer balances and/or maintains the computer system properly including, but not limited to: back-ups, file purges, tuning the system as required, and/or any other items that may impact performance based on the specifications and sizing assumptions in HTE's Response to the RFP and the sizing information provided by the Customer in the RFP made a part herein by reference. Satisfactory performance is defined as average response time of 4 seconds or less in over 85% of the input or inquiry transactions during any measured four hour period. Mobile transactions will be delivered to the CDPD interface within the time described, the Given the above definition, should the configuration not perform satisfactorily, then Customer shall notify HTE in writing and give HTE 30 days to determine if the unsatisfactory performance is related to HTE products or is related to other facts not part of the HTE software (see examples above). HTE shall have unrestricted access to the computer during this 30 day correction period and shall be able to make any adjustments necessary to improve system performance. After 30 days, if the system performance has not improved, and should the unsatisfactory performance be attributable to the HTE software, then HTE shall provide additional computer capacities (memory, disk storage) at HTE cost to improve the performance. The additional computer capacities will be added within 90 days of the 30 day correction period. Options HTE agrees to hold the following prices firm through December 3 I, 1997 per the attached Exhibit B, C and D. Forms Generation Option $19,500 See Exhibit B Crime Scene Drawing Option $ 3,000 See Exhibit C AVL Option - HTE GPS Interface $25,120 Annual Support - $1,000 See Exhibit D Non-Hiring Statement During the term of this Agreement and for a period of twenty-four (24) months after the termination of this Agreement, the Customer may not offer to hire or in any way employ or compensate any of the employees of liTE or persons who have been employed by HTE within the immediate past twenty-four (24) months without prior consent of liTE. Prices quoted above will he honored through July 31, 1997. CITY OF AVENTURA Title Date Susan~fi~.~Falot~co VP Finance/Controller Chief Accounting Officer 5/28/97 Title Date AVEN-PSC 4 05/28/97 SUPPLEMENT TO H.T.E., INC. SOFTWARE LICENSE AND SERVICES AGREEMENT BY AND BETWEEN- H.T.E., INC. AND AVENTURA SCHEDULE B - HARDWARE PRICING SUMMARY AND PAYMENT SCHEDULE CONTRACT NO. HTE-AVEN-9705023 AS/400 System Hardware $ 43,088.80 $ 21,544.40 $ 21,544.40 AS/400 System Software 24,908.00 12,454.00 12,454.00 Network 6,792.00 3,396.00 3,396.00 Cabling 0.00 0.00 0.00 Installation 6,200.00 3,100.00 3,100.00 Training 6,200.00 3,100.00 3,100.00 I-ITE AS/400 Support Line Services* 3,500.00 3,500.00 HIE Network Support Line Services* 1,500.00 1,500.00 Additional Equipmem Mobile Data Terminal Equipment 115,479.00 57,739.50 57,739.50 HARDWARE TOTALS $ 207,667.80 $ 101,333.90 $ 106,333.90 Footnotes *Fees for HTE Support Line Services are due 90 days after installation of the 33/400. The AS/400 configuration will be delivered with a I00 base T Ethernet connection. The Customer will be responsible for site preparation and the tasks to be completed will be detailed during the walk-through. Prices Prices quoted above are per the attached Investment Summary and are finn for 90 days from the date of this proposal. Prices are subject to change on orders, or portions of ordeis, that are not placed within this 90 day period. Travel and Living Expenses Actual and reasonable travel and living expenses are in addition to the prices quoted for the applications and will be invoiced as recurred. Warranty and Maintenance Unless otherwise stated Customer shall enter into separate purchase of maintenance agreements with each individual hardware supplier for the equipment. Warranty and maintenance offerings from I-1TE for its Program Products do not apply to any hardware supplied under this Schedule. Prices quoted above will be honored through July 31, 1997. CITY OF AVENTURA H.T.E.,~C. BY Title Date 5/23/97 BY Susan D. Falotico Vice President/Controller/ Chief Accounting Officer 5/23/97 Title HTE System Hardware / Software Investment Summary City of Aventura, Florida - Public Saftey 5/23/97 Time 9:12 AM Description Extended Discount Net Cost Cost Maintenance Annual ~ AS/400 System Hardware AS/400 System Sox%vare Network Cabling Installation Training HTE AS/400 Support Line Services HTE Network Support Line Services $53,861.00 $10,772.20 $43,088.80 $30,785.00 $5,877.00 $24,908.00 $6,792.00 $0.00 $6,792.00 $0.00 $0.00 $0.00 $6,200.00 $0.00 $6,200.00 $6,200.00 $0.00 $6,200.00 $3,500.00 $1,500.00 $1,842.00 $542.52 Additional Equipment Mobile Data Terminal Equip $115,479.00 $0.00 $115,479.00 The Maintcannco Fees shown arc for informational purposes only. Maintenance fees arc payable directly to thc Manufacturer or other pan3' providing the maintcnanco scrvices. PIc~c do not include these maintenance fees in any purchase orders or payments sent to HTE. *Note: Systarn configurations =nd sizing aec based on information contained in thc RFP. HTE reserves thc right to make changes to thc final configuration based on further discussion and/or an on-site analysis. Prices stated arc valid for 90 days from the proposal submission date. If applicable, the prices for IBM products and services arc subject to change and arc submitted for your information only. The terms and policies of thc IBM Corporation govern any portion of this proposal relating to IBM products and so.ices, Aventps2.xls H.T.E., Inc. CONFIDENTIAL SUMMARY Dam 5D~97 System Hardware Description AS/400 9402400 2131 6.1 RPR Processor 192Mb of Memory 8.38Gb of Disk Storage Ethernet Adapter Five Communication Lines 3487-HG1 Infowindow (system console) 4230-41Z 4230 IPDS Line Printer - 600cps Microcom 28.8 ECS Modem Deltec RST31-NET UPS w/Battery Pack City of Aventura, Florida - Public Saftey ASI400 9402-400 System Hardware/Software Pricing Time 9:12 AM Qty [/nit Extended Discount Net Annual Warranty Price Price Cost Maintenance Period 1 $44,546.00 $44,546.00 $8,909.20 $35,636.80 $1,260.00 12 months 1 $1,050.00 '$1,050.00 $210.00 $840.00 $78.00 I $3,596.00 $3,596.00 $719.20 $2,876.80 $504.00 I $654.00 $654.00 $130.80 $523.20 $0.00 I $4,015.00 $4,015.00 $803.00 $3,212.00 Note2 3 months 3 months 60 months 36 months Aventps2.xls H.T.E., Inc. CONFIDENTIAL AS400 Date 5/23/97 System Software Description Qty 5763-SS 1 Operating System/400 1 5636-PUB Library Offering 1 5763-XA1 Client Access/400 1 5763-PW 1 Application Development Toolseff400 1 5763-DCT Language Dictionaries 1 5763-WP 10fficeVision/400 1 5763~QU1 Query/400 1 5763-ST1 DB2/400 QRYMGR & SQL 1 5763-RG l ILE RPG/400 1 5763-AS1 AS/400 Program Group City of Aventura, Florida - Public Saftey ASI400 9402-400 System Hardware/Software Pricing Number Extended Discount Net of Users Price Cost 30** $17,995.00 $3,599.00 $14,396.00 N/A $0.00 $0.00 $0.00 30** $4,500.00 $900.00 $3,600.00 N/A $2,500.00 $500.00 $2,000.00 N/A $495.00 $99.00 $396.00 5 $1,895.00 $379.00 $1,516.00 N/A $0.00 $0.00 $0.00 N/A $0.00 $0.00 $0.00 N/A $2,000.00 $400.00 $1,600.00 N/A $1,400.00 $0.00 $1,400.00 Warranty Period 90 days 90 days 90 days 90 days 90 days 90 days 90 days 90 days 90 days 90 days Time 9:12 AM ** This is thc maximum number of users for the model 400 #2131 and provides usage for an unlimited number of concurrent users. Aventps2.xls H.T.E., Inc. CONFIDENTIAL AS400 Date 5/23/97 City of Aventura, Florida - Public Saftey ASI400 9402-400 System Hardware/Software Pricing Time 9:12 AM Installation and/or traInIng prices do not include travel and living expenses. Actual ~xavel and living expenses for installation and/or trainIng trips will be re-billed to the customer. Thc annual maintenance for the UPS is based on upgrading thc standard 3 year Advanced Exchange Warranty to a 7 Day/24 Hour On\Site Warranty for thc first 3 years and purchasing the 7 Day/24 Hour Onsita Maintenance Agremmet for years 4 & 5. The prices for the warranty uplift and the maintenance agreement are shown below: Upgrade to 3 Year 7 Day/24 Hour On-site Warranty $1,005.00 7 Day/24 Hour On-site Maintenance - 4th Year $550.00 7 Day/24 Hour On-site Maintenance - 5th Year $600.00 AS/400 System Installation - 5 Days ($5000) - Statement of work: * Physical Installation of the AS/400 System Hardware/So03vare * Connect the AS/400 system console * Load any additional IBM system software on the AS/400 * Connect the AS/400 system printer * Adjust the AS/400 system performance parameters * Setup IBM/HTE ECS communication links * Load HTE application soitware * Initialize HTE Menu Driver application on the AS/400 * Load and Configure HTFdGUI on the AS/400 * Physically connect the AS/400 LAN adapter to the cabling system Connection directly into Token-ring MA[J, Ethernet HUB or wall plate * Configure LAN adapter on the AS/400 Create line and controller descriptions, etc. on the AS/400 Set up of up to 6 local workstations or PC workstations for training/implementation purposes - The workstations/PCs that are set up are to provide connection to the AS/400 for Initial training/implementation purposes only and may not be the final configuration that is eventually used In the LAN environment. * Perform a complete system backup * Basic instruction of the system administrator, and customer staff of up to four people, on the use of the AS/400 functions necessary for operation - This training assumes a "train the trainer" approach and is expected to be presented to all of the individuals being trained at the same time, as opposed to training each person individually. * It is anticipated that the work above will take up to FIVE DAYS, If it is completed in less time, any time remaining can be used as desired by the customer. Note: for estimation and planning purposes a "day" is 7-8 hours of work performed, not necessarily actual calendar days. * AS/400 Installation does not include setting up LAN operating systems, configuring Personal Computers LAN, etc. other that described above. Aventps2.xls H.T.E., Inc. CONFIDENTIAL AS400 Date 5~23~97 City of Aventura, Florida - Public Saftey ASI400 9402-400 System Hardware/Software Pricing Time 9:12 AM Technical Training $ Days ($5000) - Statement of work: * Follow-up instruction of the system administrator, and customer staff of up to four people, on the use of the AS/400 functions necessary for operation - This training assumes a "train the trainer" approach and is expected to be presented to all of the individuals being trained at the same time, * Setup and follow-up training on HTE Menu Driver. * Additional system training on topics desired by the customer as time allows. * It is anticipated that this training will take up to FIVE DAYS, If it is completed in less time, any time remaining can be used as desired by the customer. Note: for estimation and planning purposes a "day" is 7-8 hours of training performed, not necessarily actual calendar days. Aventps2.xls H.T.E., Inc. CONFIDENTIAL AS400 Date 5/23/97 City of Aventura, Florida - Public Saftey Time 9:12 AM Network Pricing Hardware Description Novell Netware for SAA Server ALR Pentium 100Mhz, 64 Mb RAM, 4 Gb HDD, 10X CD-ROM, PCI Ethernet Card, Monitor, Mouse, Floppy, Keyboard ALRPI00K2 Ethernet AUI Transceiver (UTP R J-45) Qty Unit Extended Discount Net Annual Price Price Cost Maintenance 1 $3,616.80 $3,616.80 $0.00 $3,616.80 $0.00 I $54.00 $54.00 $0.00 $54.00 N/A Warranty Period N/A N/A Software Description Novell Netware for SAA - 25 User License Novell Host Print/400 I $2,160.00 $2,160.00 $0.00 $2,160.00 1 $961.20 $961.20 $0.00 $961.20 N/A N/A n/a n/a Installation and/or training prices do not include travel and living expenses. Actual travel and living expenses for installation and/or training trips will be re-billed to the customer. Aventps2.xls H.T.E., Inc. CONFIDENTIAL NETWORK Date 5~23/97 City of Aventura, Florida - Public Saftey Time 9:12 AM Network Pricing Novell Netware for SAA Server Installation - Statement of Work: * Install Network Interface card in Server * Physically connect the SAA Gateway Server to the EthemetJToken Ring network * Load and configure Novell Netware for SAA software on the SAA Gateway Server & Adjust SAA Gatway performance parameters *Create a controller for the Ethernet/Token Ring adapter on the A$/400 * Load and configure Novell Host Print/400 software on the SAA Gateway Server & Adjust SAA Gatway performance parameters *Create a controller for the Printer Device for Hostprint 400 on the AS/400 Above Mentioned does not include setting up any other LAN operating systems, configuring Personal Computers, etc.. NetworkTraining - Statement of Work: * Instruction of Network support staff in configuration and use of Netware for SAA & Host Print Software: - maintnenance for network changes, additional, deletions, Windows SAA Manager configuration - hack-up & recovery issues - Windows 95 Client Access - Includes show the customization of loading the different interfaces, autoloading, IPXJTCPIP Configuartion & tweaking for WAN connectitivty - Windows For Workgroups 3.11 Client Access - Includes show the customization of loading the different interfaces, autoloading, IPX/Configuartion & tweaking for WAN connectitivty Aventps2.xls H.T.E., Inc. CONFIDENTIAL NETVVORK Date 5/23/97 City of Aventura, Florida Time 9:12 AM Cabling Requirements Material Description Qty Unit Extended Price Cost It is assumed that the existing Ethernet network cabling that currently exists at City of Aventura Public Safiey will be used for connecting the AS/400 and the SAd Gateway Server to the workstations on the existing City of Aventura networlc The systems proposed are configured to attach to the network via l OBase T Category 5 cabling. Aventps2.xls H.T.E., Inc. CONFIDENTIAL CABLING Date 5/23/97 City of Aventura, Florida - Public Saftey Time 9:12 AM Mobile Data Terminal Pricing Hardware Description PANASONIC CF-25 Laptop Computer 810Mb HDD, 16Mb RAM PANASONIC CP-25 Locking/Docking Station Vehicle Docking Station with built-in Port" Replieator Easy Insert and Removal Lever Mechanisim Tilt/Swivel Mochanism 12 Volt Vehicle Power Supply Sierra Wireless MP-200 CDPD Modem with mount kit and power cable La'sen H.D. 3Ddb gain permenant mount antenna- comlete with TNC Connector Voltage Armor Unit - 12 Volt Protection/Auto timer 10Footsefialconnecfion cable 15 foot power cable with 20 amp fuse connector Qty Unit Extended Discount Net Annual Warranty Price Price Cost Maintenance Period 20 $3,649.00 $72,980.00 $0.00 $72,980.00 $13,136.40 N/A 20 $849.00 $16,980.00 $0.00 $16,980.00 N/A N/A 20 $1,150.00 $23,000.00 $0.00 $23,000.00 N/A N/A 20 $45.20 $904.00 $0.00 $904.00 N/A N/A 20 $57.00 $1,140.00 $0.00 $1,140.00 N/A N/A 20 $11.25 $225.00 $0.00 $225.00 N/A N/A 20 $12.50 $250.00 $0.00 $250.00 N/A N/A Prices and equipment shown are for informational and budgetary purposes only. The Mobile Data Terminal equipmem shown is supplied by L&E Mobile Computer Mounts, Inc. The type of m0nnts to be used will be determined after further definition by the City of Aventura. Aventps2.xls H.T.E., Inc. CONFIDENTIAL MOBILE DATA TERMINALS Date 5~23~97 Time 9:12 AM AS/400 Hardware/Software Technical Support Services HTE SYSTEM TRAINING / INSTALLATION ASSISTANCE HTE Technical Services group provides AS/400 installation assistance for new system installations and for AS/400 system upgrades. HTE will order, track, schedule delivery for the proposed AS/400 system. In addition, HTE will bill and invoice the customer for the proposed AS/400 system and associated peripherals. An AS/400 consultant / System Engineer will assist with: * Project Planning / Management to ensure timely and accurate implementation of deliverables * Provide pre-site planning review * Perform on-site services such as: * installation of IBM Cumulative system software maintenance tapes * installation of HTE application software * installation of proposed non-IBM and IBM customer set-up equipment * del'me system parameters and devices to the AS/400 * provide system operations / administration training for up to 3 users Aventps2.xls H.T.E., Inc. CONFIDENTIAL SUPPORT Date 5/23/97 Time 9:12 AM AS/400 Hardware/Software Technical Support Services HTE TECHNICAL SUPPORT LINE HTE Technical Support Line is an HTE service to help enhance the productivity of AS/400 users and support staff. It is designed to provide customers a single focal point for AS/400 system-related issues. HTE Support Line is available 7 days a week, 24 hours a day. HTE Support is accessible either electronically or by telephone. The HTE Technical Support Line provides assistance with: * Usage questions for system software such as OfficeVisinn/400, Query/400, Rumba/400 * Usage questions for system software integration with HTE applications * System operator and system administrator usage questions such as responding to messages, security, profiles * Device set-up and connectivity issues * System sol. are and hardware upgrade planning * Assistance with hardware problem notification and management to third party vendors * System sot~are problem handling and resolution The HTE Technical Support Line for PC's and Networks provides assistance with: * General LAN/WAN questions * Device set-up and connectivity issues * System operator and system administrator usage questions such as responding to messages, security, profiles * Usage questions for system software integration with HTE applications * Assistance with hardware problem notification and management to third party vendors * Network Operating System assistance configurations and tuning * Bulletin Board assistance for fixes Aventps2.xls H.T.E., Inc. CONFIDENTIAL SUPPORT Premier MDT 3.0 Pricing City of Aventura Police Department Exhibit A AVENTURA POLICE DEPARTMENT DELIVERABLES 1) AS/400 Hardware Installation 2) CAD * CAD Redundancy * Full Integration with Real Time updates to CRIMES (automatic update of CAD call information to CRIMES - July release) * Multiple search capabilities (i.e.: Ability to check date, time, and address of occurrence simultaneously - July release) 3) CRIMES * UCR Reporting * * Personnel * * Training * * Supplemental Reporting * * Expunged Records Accounting * * Domestic Violence Tracking * * Tow Histo~ * * Wants / Warrants * * Intelligence * * Case Management * * Detective Assignment * Follow-up Dates * Solvability Factors * Crime Scene Report * Evidence Gathering & Tracking * Case Disposition 4) Mapping 5) FCIC / NCIC & Local Computer Interface 6) Photo Imaging * Mugshots * Line-ups 7) Mobile Reporting * CAD III Interface * Text and Voice * CRIMES Interface * Paging * Mapping * Mobile Mugshots * FCIC / NCIC & Local Computer Interface 8) Field Incident Reporting (Same Functions as in #3 above) * Offense / Incident Reports * Accident Reports / Sketching (UCS) * Field Interrogations * Uploading Reports * Supplemental Reporting * Supervisor Review Process 9) AVL Crime Analysis Citation Tracking Bar coding Adult Arrests Field Interviews Juvenile Arrests Evidence / Property Tracking Pawn Shop Buy Money Registrations * Weapon * Animal * Bicycle Exhibit B Forms Generation Option lITE will create the following laser generated forms at the cost IMed below. In addition to the creation costs, a License Fee for the Optio Software at a cost of $ I 1,000 is also required. I. Preliminary Police Death Inv. Report for Medical Examiner (Dade County) :2. Florida Traffic Crash Report #HSMVO0003 3. Florida Traffic Crash Report #HSMVgO004 4. Florida Traffic Crash Report # HSMVgO005 5. Vehicle Storage Recdpt (Dade County) 6. Vehicle Property Report (Dado County) 7. Property Report (Dado County) 8. Person Report (Dade County) g. Offense Incident Report (Dade County) I O. Complaint Arrest Affidavit Report for Circuit g, County Court (Dado County) (impact printer report) I I.complaint Arrest Continuation Affidavit (Dado County) (impact printer report) Cost for above forms: Le~ 3 State Forms: - Subtotal: $17,000 Discount: (509'0) - g,500 Total Creation Cost: $ 8,500 Optio Ucense Fee: S I I .OOO Total Cost: $10,500 EXHIBIT C CRIMES SCENE SKETCHING INTERFACE Crime scene sketching can be accomplished by any PC software package you select. At the Police Department, you will need the same PC software package loaded on the workstation(s) that will use the sketches. HTE will provide a function key from the CRIMES application that will access the sketching program. You will need to import any sketches taken from the field via diskette. Once the sketch has been imported and saved, it will be linked to the associated case. Cost $3,000 AVEN-PSC 5 05/'27/97 EXhibit D AVL Interface to Premier MDT 3.0 Aventura Police Department Pro~e~t Total $25~120.00 $t ~000.00 I HTE Modules To Include but not limited to: 1. AS400 Hardware Installation 2. CAD 4. Mapping CAD Redundancy Full integration with Real Time updates to CRIMES Multiple search capabilities (ie ability to check date, time and address of occurrence simultaneously) CRIMES · UCR Reporting Personnel · Training · Supplemental Reporting · Expunged/Sealed Records Accounting · Domestic Violence Tracking · Crime Analysis · Citation Tracking · Bar Coding · Case Management Detective Assignment Follow-up Dates Solvability Factors Crime Scene Report Crime Scene Sketching Evidence Gathering & Tracking Case Dispositions 5. FCIC/NCIC & Local Computer Interface 6. Photo Imaging · Prisoner Processing- Mugshots · Line-ups 7. Mobile Reporting · CAD III Interface · CRIMES Interface · Mapping · FCIC/NCIC & Local Computer Interface · Text to Voice · Paging · Mobile Mugshots 8. FieldIncident Reparting · Offense/Incident Reports · Accident Reports w/Sketching · Field Interrogations Uploading Reports · Supplemental Reporting · Supervisor Review Process 9. AVL (mapping in the vehicles) CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Eric M. Soroka, City/~. April 10, 1997 ir Resolution Amending 1996/97 Budget June 3, 1997 City Council Meeting Agenda Item RECOMMENDATION It is recommended that the City Council adopt the attached Resolution which amends the budget to transfer $600,000 from the capital reserve account to fund the Comprehensive Municipal Information System Contract for Police ($523,000) and General Government Services ($77,000). This amendment was discussed at the May 20, 1997 meeting regarding the budget ordinance recognizing $600,000 in additional carry over. In addition to the above, it is also recommended that a new position, Information Management Technician, which was to be included in the budget beginning October 1, 1997, be approved for hire beginning the month of June. This will provide the necessary manpower to expedite the implementation of the Municipal Information System for the police and general municipal services. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0305-97 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, ADJUSTING THE 1996/97 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the City and upon the recommendations of the City Manager (and the concurrence of the Finance Support Services Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 1996/97 Operating and Capital Budget as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The recitals contained in the preamble to this Resolution are incorporated by reference herein. Section 2. The City Council authorizes the revisions to the current budget as are set forth on the attached Exhibit "A" which are deemed incorporated by reference as though set forth in full herein. Section 3. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 4. This Resolution shall become effective immediately upon its adoption. Resolution No. Page 2 The foregoing Resolution was offered by Councilmember moved its adoption. The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: Councilmember Arthhur 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 this 3'd day of June, 1997. , and ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS/tms Exhibit "A" Budget Amendment General Fund EXPENDITURES Finance/Suo;)ort Sew. - 513 6-60-6402 Computer Equipment SUBTOTAL 260,000 77,000 337,000 6-6O-6404 Public Safety - 521 Computer Equipment SUBTOTAL 195,(~00 523,000 718,000 6-60-6999 Capital Outlay Non-Departmental - 590 Capital Reserve 3,094,349 (600,000) 2,494,349 Total Amendments-Expenditures Position - Revisions Number Description Action Finance Support Services Department Information 1007 System Tech. add CITY OF AVENTURA OFFICEOFTHECITYMANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council 'ty~~ Eric M. Soroka, C~ May 13, 1997 Ordinance Establishing Zoning and Development Review Procedures 1st Reading May 20, 1997 City Council Meeting Agenda ~eemm ~-.~ 2nd Reading June 3, 1997 City Council Meeting Agenda RECOMMENDATION It is recommended that the City Council adopt the attached Ordinance which establishes a streamlined zoning, notice and development review procedures. The Ordinance also repeals Ordinance No. 96-08 which was the transitional zoning ordinance adopted by the City when the building and zoning functions were being conducted by Dade County. BACKGROUND The attached Ordinance serves the following purposes: 1. Implements a less cumbersome hearing notice procedure compared to the Dade County Code. A copy of Dade County's Code is attached. 2. Now that the City has assumed alt planning and zoning functions, it establishes the authority of City Council and staff relative to zoning matters. 3. It repeals transitional Ordinance No. 96-08. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0297-97 ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; ADOPTING ORDINANCE CONCERNING ZONING PURSUANT TO SECTION 8.03 OF THE CITY CHARTER, AMENDING METROPOLITAN DADE COUNTY ZONING CODE AS APPLICABLE TO CITY OF AVENTURA; PROVIDING FOR PUBLIC HEARINGS AND NOTICE OF PUBMC HEARINGS; PROVIDING FOR REPEAL AND REPLACEMENT OF SECTION 33-310 OF THE METROPOLITAN DADE COUNTY ZONING CODE CONCERNING PUBLIC HEARINGS; SUBSTITUTING CITY COUNCIL AND DESIGNATED CITY OFFICIALS FOR COUNTY AGENCIES AND OFFICIALS, PROVIDING FOR AUTHORITY FOR REVIEW OF PUBLIC HEARING APPLICATIONS, ZONING VARIANCES, SPECIAL EXCEPTIONS AND OTHER QUASI-JUDICIAL ACTION WITHIN THE SCOPE OF CHAPTER 33 "ZONING" OF THE COUNTY CODE AS MADE APPLICABLE TO THE CITY; PROVIDING FOR REPEAL OF ZONING AND PLANNING TRANSITIONAL ORDINANCE, DESIGNATED AS ORDINANCE NO 96-08 UPON THE SAME SUBJECT MATTER; PROVIDING FOR SEVERABILITY; PROVIDING FOR SAVINGS CLAUSE AND RATIFICATION OF PRIOR ADMINISTRATIVE ACTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is necessary for the City Council of the City of Aventura, to implement public hearing procedures, including notice of hearing procedures, which are tailored to the needs of the Aventura community and are less cumbersome than those provisions currently provided by Section 33-310 of the Code of Metropolitan Dade County (the "County Code"); and WHEREAS, now that the City has completed the transitional period for the transfer Ordinance No. Page 2 of zoning and planning services from Dade County to the City, it is necessary to adopt amendments to the provisions of Chapter 33 "Zoning" of the County Code as applicable to the City of Aventura pursuant to Section 8.03 of the City Charter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: .Section 1. Public Hearing; Notice of Hearing. A. When an application, as prescribed by Section 33-304, 33-309 and 33-314 of the County Code, is filed, it shall promptly be set for public hearing before the City Council. B. Written recommendations of the City Manager or his designee shall be developed and such recommendation shall become a part of the hearing file and record, and open for public inspection. C. Notice of the time and place of the public hearing describing the nature of the application and street address of the property shall be published in a newspaper of general circulation in the City not less than 10 days prior to the public hearing. D. A courtesy notice containing substantially the same information set forth in the published notice may be mailed to the property owners of record located within a radius of 300 feet of the property described in the application or such greater distance as the City Manager may prescribe; provided, however, that failure to mail or receive such courtesy notice shall not affect action or proceedings taken under this Section. E. The property shall be posted no later than 10 days prior to the hearing in a manner conspicuous to the public, by a sign or signs containing information concerning the Ordinance No. Page 3 application including but not limited to the applied for zoning action and the time and place of the public hearing. F. All costs of advertising, mailing and posting shall be borne by the applicant. Section 2. City Zoning Officials and Authorities; Provisions in Effect. A. (1) Chapter 33 "Zoning" of the County Code, as made applicable to the City pursuant to the provisions of Section 8.03 of the City Charter, is hereby amended to substitute the City Council in the place and stead of County boards and committees, included but not limited to the Board of County Commissioners and the Zoning Appeals Board, so that all zoning variances, special exceptions, unusual uses, appeal of administrative action and other quasi-judicial action otherwise required to be taken by such boards or committees at a public hearing shall be taken by the City Council or by any person or board delegated such authority by the City Council by ordinance. (2) Chapter 33 "Zoning" of the County Code, as made applicable to the City pursuant to the provisions of Section 8.03 of the City Charter, is hereby further amended to substitute the City Manager or his designee in the place and stead of all county officials, including but not limited to the Director of Planning, Development and Regulation, so that all zoning review of building permit applications and all other action which would otherwise be taken by such County officials shall be taken by the City Manager or his designee. The City staff under the direction of the City Manager shall perform those functions for the City as may be designated by the City Manager. (3) Chapter 33 "Zoning" of the County Code, as made applicable to the Ordinance No. Page 4 City, pursuant to Section 8.03 of the City Charter, is hereby further amended by requiring that all building permit applications be issued or denied by the building official employed within the Community Development Department of City created pursuant to Ordinance No. 96-06, in accordance with the Permit Fee Schedule created by Ordinance No. 96-22, as amended from time to time. B. The standards and criteria set forth in Chapter 33 "Zoning" of the County Code, and as otherwise provided in the Codes, ordinances, resolutions and laws made applicable pursuant to Section 8.03 of the City Charter or as adopted by the City Council, shall constitute the standards and criteria which shall govern performance of the duties assumed or delegated pursuant to this Section, unless modified by the City Council. C. Except as otherwise provided in this Section, the provisions of Chapter 33, Zoning, of the County Code, as made applicable to the City pursuant to Section 8.03 of the City Charter, shall remain in full force and effect unless or until otherwise modified or replaced by the City Council. Section 3. Repeal of Ordinance 96-08. Ordinance 96-08, the transitional zoning and planning ordinance previously enacted upon the same subject matter as addressed in Section 2 above, is hereby repealed. Section 4. Repeal of County Zoning Code Section 33-310. County Zoning Code Section 33-310, providing for public hearings and public hearing notice, as made applicable to the City pursuant to City Charter Section 8.03, is hereby repealed in its entirety and replaced by the provisions of Section 1 hereof. Ordinance No. Page 5 Section 5. Savings Clause. The repeal of Ordinance 96-08 as provided by Section 3 above, shall not impair or affect the validity of any proceedings or actions taken pursuant to such ordinance and such actions, approvals and proceedings shall remain in full force and effect. Section 6. Ratification of Prior Administrative Action. All actions previously taken by the City Manager and City staff concerning the issuance and approval of permits, site plans and other development approvals during the period of time prior to repeal of the zoning and planning transitional ordinance, Ordinance No. 96-08, are hereby confirmed and ratified to the fullest extent permitted by law. Section 7. Severability. The provisions of this Ordinance are declared to be. severable and if any section, sentence, clause or phrase of this Ordinance shall for ar~ reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 8. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Councilmember who moved its adoption on first reading. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Ordinance No. Page 6 Councilmember Jay R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder The foregoing Ordinance was offered by Councilmember ,who moved 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 20th day of May, 1997. PASSED AND ADOPTED on second reading th~s 3 day of June, 199 . Al-rEST: ARTHUR I. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY ZONING § 33 310 one desiring an amendment or repeal to the zoning regulations. All properties described in one application must be contiguous and immediately adjacent to one another, and the Director may require more than one application if the property concerned contains more than forty (40) acres, or the fee paid for one application would not equal the cost of processing the same. Only applications which the Conununity Zoning Appeals Board or the Board of County Commissioners are autho- rized to consider and act upon shall be accepted for filing. Applications which are to be considered by the Community Zoning Appeals Boards in accordance with this chapter shall be assigned by the Direc- tor to the Community Zoning Appeals Board which has jurisdiction based upon the location of the property which is encompassed by the appli- cation. In the event that the property which is encompassed by the application is located in more than one Community Zoning Appeals Board's district the application shall be heard directly by the County Commission. Required fees except violation fees are waived for any applicant who meets one of the following: (1) The applicant presents to the Director a certificate from the Director, Dade County Welfare Department, that the applicant is qualified to receive either State or County welfare assistance; or (2) The applicant presents to the Director each of the following: (a) A certified statement from the Dade County Department of Property Ap- praisal demonstrating that the prop- erty to which the application applies is totally exempt from ad valorem taxa- tion because said property is used for educational, literary, scientific, reli- gious, charitable or governmental use. If at the time the applicant seeks a waiver of fee, the taxable status of the property has not been determined for the year in question, the exempt status from the immediately preceding year (if granted) shall be applicable pro- vided the applicant presents a written statement under oath that there has been no change in ownership and use of the property since January i of the immediately preceding year; (b) A written statement under oath of the applicant that the purpose of the ap- plication is to further those uses which qualify the property for ad valorem tax exemption and is not solely for the purpose of enhancing the value of the property er raising revenue; and (c) A written statement of the applicant under oath that payment of the fee would substantially impair the ability of the applicant to perform the uses which qualify the property for ad valo- rem tax exemption; or (3) The County Commission determines by unanimous vote of those present that the property owner would suffer an extraordi- nary financial hardship if required to pay the fee. Whenever any hearing is initiated by the Direc- tor or the Zoning Official, pursuant to this sec- tion, the County Manager may order that no building permits shall be issued for any construc* tion work on the property involved in the hearing, until the hearing has been finally concluded in accordance with the provisions of this Code. Should the County Manager issue such an order the administrative personnel shall schedule the ap- plication for the first public hearing date after appropriate legal notice. (Ord. No. 60-14, 4-19-60; Ord. No. 61-30, § 1, 6-27-61; Ord. No. 69-88, § 1, 12-3-69; Ord. No. 70-39, § 1, 5-13-70; Ord. No. 70-80, § 1, 10-27-70; Ord. No. 72-53, § 1, 9-19-72; Ord. No. 74-20, § 2, 4-3-74; Ord. No. 83-60, § 1, 7-19-83; Ord. No. 91-91, § 1, 9-16-91; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 96-127, § 35, 9-4-96) Sec. 33-310. Notice and hearing prerequi- site to action by the Commu- nity Zoning Appeals Boards or Board of County Commission- ers. (a) When an application as prescribed by Sec- tions 33-304 and 33-309 has been filed hereunder the Director shall, no later than forty (40) days SuppNa. 19 5433 § 33-310 DADE COUNTY CODE after filing, at the cost of the applicant, provide mailed notice of such filing as provided in Section 33-310(d). The notice shall include the applicant's name, the processing number, the property size, the location (and street address, if available) of the property, a general description of the action requested in the application, and a statement that the application was filed and is being re- viewed by the Department and, where applicable, the Developmental Impact Committee, and that a future notice will be provided prior to the public hearing thereon. The notice shall additionally state and make clear that any interested person is entitled to discuss the application with the County employees processing and reviewing the ~pplica- tion to the same extent as the applicant is so entitled and that the application may change during the hearing process. The person or persons mailing the notice provided herein shall attach an affidavit or affidavits thereof to the application's file setting forth the compliance with this subsec- tion. Failure to mail the said written notice as provided herein shall render voidable any hearing held on the application. If, after this initial notice is mailed, the application is changed in a manner such that additional land area is encompassed within the application, then the initial notice described herein shall be repeated by the Director at the expense of the applicant. Such modifica- tions that require repeating the initial notice shall be permitted only during the regular work- ing days that fall within the first seven (7) days of the month. The notice provided in this paragraph shall not be required for appeals filed in conjunc- tion with Section 33-313 or 33-314 of the Code. (b) Applications filed hereunder shall be promptly transmitted to the appropriate board, together with the written recommendations of the Director and the Zoning Official Where applica- ble the Developmental Impact Committee shall issue its recommendation, which shall include a statement of the Director as to the application's relationship to the Comprehensive Development Master Plan. All such recommendations shall be signed and considered final no earlier than thirty (30) days prior to the public hearing to give the public an opportunity to provide information to the staff prior to the recommendations becoming final. This shall not preclude earlier, preliminary recommendations. All documents of the County departments evaluating the application, which documents pertain to the application, are open for public inspection to applicants or other interested persons. (c) No action on any application shall be taken by the Community Zoning Appeals Boards or the Board of County Commissioners on any appeal, until a public hearing has been held upon notice of the time, place and purpose of such hearing, the cost of said notice to be borne by the applicant. Notice shall be provided as follows: (1) Said notice shall be published twice in newspapers of general circulation in Dade County, as follows: (A) a full legal notice, to be published no later than twenty (20) days and no earlier than thirty (30) days prior to the public hearing, to contain the date. time and place of the hearing, the property's location (and street address, if available) and legal description, and nature of the application, including all specific variances and other requests; and (B) a layman's notice, to be published in the newspaper of largest circulation in Dade County, no later than twenty-five (25) days and no earlier than thirty-five (35) days prior to the public hearing, to contain the same information as the above described full legal notice except that the property's legal description may be omitted and the nature of the application and requests contained therein may be summarized in a more concise, abbreviated fashion. The layman's notice may be published in a section or a supple- ment of the newspaper distributed only in the locality where the property subject to the application lies. In the event that any time periods specified in this subsection shall conflict with any applicable provision of the Florida Statutes, the provision of the Florida Statutes shall govern. (2) Mailed notice containing general informa- tion, including, but not limited to, the date, time and place of the hearing, the property's location (and street address, if available), and nature of the application shall be sent as provided by subsection 33-310(d) no later than thirty (30) days prior to the hearing. 5434 Supp No. 19 ZONING § 33-311 (3) The property shall be posted no later than twenty (20) days prior to the hearing in a manner conspicuous to the public, by a sign or signs containing information including but not limited to the applied for zoning action and the time and place of the public hearing. (d) Mailed notice shall be accomplished by plac- ing in the United States mail a written notice to all property owners of record, as reflected on the Dado county Property Appraiser's tax roll as updated, within the following radius of the prop- erty described in the application, or such greater distance as the Director may prescribe: (1) For Developments of Regional Impact, or modifications thereof, one (1) mile; (2) For applications, other than for Develop- ment of Regional Impact, required to be reviewed by the Development Impact Com- mittee; for district boundary changes, use variances, special exceptions, or unusual uses unless the foregoing are specifically itemized in subsection (d)(3); for any mod- ification of a covenant accepted or condi- tion imposed in connection with a prior district boundary change or use variance; but this subsection shall not apply to resi- dential uses of less than five (5) units, ane-half (¥2) mile; (3) For district boundary change involving a change of prefix within BU (Business) or IU (Industrial) and use variance involving such a use prefix change; for unusual use for outdoor patio dining, outdoor display, adult congregate living facility, day nurs- ery, convalescent home, day camp, home for the aged, institution for the handicapped, kindergarten, nursing home, retirement vil- lage, entrance feature, mobile home as watchman's quarters, bathing beach; for special exception for resubdividing/refac- lng of platted lots, servant's quarters in RU-1 district, convalescent home, eleemo- synary and philanthropic institution in RU-4 districts, barn (spacing from residences) in AU district, dude ranch in AU district, temporary farm labor housing in AU dis- trict; and for all other applications for zon- ing action not specified in subsections (d)(1), (2), and (3), five hundred (500) feet. Such notice shall also be mailed to the presi- dent of any homeowners association having any member who resides within the area of mailed notice described above when such residency is shown upon a current updated notice filed with the director. The Director shall establish and maintain a process by which homeowners asso- ciations may provide notice of the areas in which their members reside. Homeowners as~ sociations shall keep these notices current by updating them in accordance with procedures to be prescribed by the Director. (e) The person or persons responsible for pro- viding the notices provided in subsection (c) above shall attach to the application file a sworn affida- vit or affidavits setting forth that they have complied with said subsection. Failure to provide the newspaper notices as provided, or failure to mail the written notices as provided, or failure to post the property as provided renders voidable any hearing held on the application. (f) The Director shall have the discretion to expand any of the notice provisions contained in this section to provide more information if deemed appropriate. (g) If the n~tices described in subsection (c)(1) above are published, and the affidavits required by subsections (a) and (d) above are of record, no judicial proceeding to void a hearing shall be commenced after the time for appeal from a resolution of an administrative or quasijudicial tribunal as provided in the Florida Rules of Ap- pellate Procedures. (Ord. No. 60-14, 4-19-60; Ord. No. 61-30, § 1, 6-27-61; Ord. No. 64-30, § 1, 7-21-64; Ord. No. 64-65, § 3, 12-15-64; Ord. No. 74-20, § 3, 4-3774; Ord. No. 74-40, § 2, 6-4-74; Ord. No. 75-47, § 4, 6-18-75; Ord. No. 87-29, § 1, 5-19-87; Ord. No. 89-129, § 1, 12-19-89; Ord. No. 94-200, § 1, 11-1- 94: Ord. No. 95-26, § 1, 2-7-95; Ord. No. 95-180, § 1, 10-5-95; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 967127, § 35, 9-4-96) Sec. 33-311. Community Zoning Appeals Board--Authority and duties. (A) Except as otherwise provided by this chap- ter, the Community Zoning Appeals Boards and Board of County Commissioners shall have the Supp. No. 19 5435 § 33-311 DADE COUNTY CODE authority and duty to consider and act upon applications, as hereinafter set forth, after first considering the written recommendations thereon of the Director and the Zoning Official, or Devel- opmental Impact Committee. Provided, however, no such action shall be taken until notice of time and place of the hearing at which the Community Zoning Appeals Boards will consider the applica- tion has been first published as provided in Sec- tion 33-310. The Community Zoning Appeals Boards are advised that the purpose of zoning and regulations is to provide a comprehensive plan and design to lessen the congestion in the high- ways; to secure safety from fire, panic and other dangers, to promote health, safety, morals, conve- nience and the general welfare; to provide ade- quate light and air; to prevent the overcrowding of land and water; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements, with the view of giving reasonable consideration among other things to the character of the district or area and its peculiar suitability for particular uses and with a view to conserving the value of buildings and property and encouraging the most appropriate use of land and water throughout the County. The CommaniW Zonii~g Appeals Board and Board of County Commissioners or any of their members may inspect the premises and area under consid- eration. The Community Zoning Appeals Boards shall have authority over the following zoning applications except where the Board of County Commissioners has direct jurisdiction. (1) Minimumsquarefootagerequirements. Hear and grant or deny applications to increase or decrease the minimum square footage requirements for building in a particular area, provided, it finds that the increase or decrease would be comparable with that required for the area or surrounding area or that established by improvements in the area or surrounding area. (2) Appeal of administrative decisions. (a) Upon application for, hear and decide appeals where it is alleged there is an error in any order, requirement, deci- sion or determination made by an ad- ministrative official in the interpreta- (3) tion of any portion of the regulations, or of any final decision adopted by resolution. Such administrative deci- sions shall not include appeals filed pursuant to Sections 2-114.1 through 2-114.4. (b) Pursuant to the provisions of Section 33-36.1 any aggrieved property owner in the area may appeal the decision of the Director to the appropriate Com- munity Zoning Appeals Board ~v~thin fifteen (15) days aider the Director's decision is published in a newspaper of general circulation. An aggrieved ap- plicant must file a new application with the appropriate Dade Comity Com- munity Zoning Appeals Board pursu- ant to the provisions of this chapter and must comply fully with the require- ments of Section 33-311 "Variances from Other Than Airport Regulations". Special exceptions, unusual and new uses. Hear application for and grant or deny special exceptions; that is, those exceptions permitted by the regulations only upon approval after public hearing, new uses and unusual uses which by the regulations are only permitted upon approval after public hearing; provided the applied for exception or use, including exception for site or plot plan approval, in the opinion of the Community Zoning Appeals Board, would not have an urffavorabie effect on the economy of Dade County, Florida, would not generate or result in excessive noise or traffic, cause undue or excessive burden on public facilities, including water, sewer, solid waste disposal, recreation, transportation, streets, roads, highways or other such fa- cilities which have been constructed er which are planned and budgeted for con~ struction, are accessible by private or pub- lic roads, streets or highways, tend to cre- ate a fire or other equally or greater dangerous hazards, or provoke excessive overcrowding or concentration of people or population, when considering the necessity for and reasonableness of such applied for exception or use in relation to the present Supp. No19 5436 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Eric M. Soroka, City Manager May 14, 1997 Ordinance Amending 1996197 Budget First Reading May 20, 1997 City Council Agenda Item ~, - £'~ Second Reading June 3, 1997 City Council Agenda Item ~ '~ Recommendation It is recommended that the City Council adopt the attached Ordinance which recognizes additional carry-over in the amount of $600,000 from the 1995/96 fiscal year. Backqround The audit for the 1995/96 fiscal year indicated that the City's undesignated General Fund Balance (carry-over) was $2,981,541 compared to the budget projection of $2,307,000. It is recommended that $600,000 of this previously unbudgeted carry-over be recognized at this time. At the next Council meeting, a Resolution will be presented that will allocate a major portion of this amount to the computer equipment line items in Finance Support Services and Police Department to pay the cost of a comprehensive information system for the Police Department and for the balance of all City Departments. If you have any questions, please feel free to contact me, EMS/tms attachment ORDINANCE NO. ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 96-18, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 1996197 FISCAL YEAR BY REVISING THE 1996/97 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the City and upon the recommendations of the City Manager (and the concurrence of the Finance Support Services Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 1996/97 Operating and Capital Budget as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. The City Council hereby authorizes the amendment of Ordinance No. 96-18, which Ordinance adopted a budget for the 1996/97 fiscal year, by revising the 1996/97 budget as set forth on the attached Exhibit "A", which exhibit is deemed incorporated by reference as though set forth in full herein. Ordinance No. Page 2 Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Councilmember moved its adoption on first reading. This motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Councilmember Jay R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey M Perlow Councilmember Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder The foregoing Ordinance was offered by , who moved its adoption on second reading. This motion was seconded by 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 20th day of May, 1997. Ordinance No. Page 3 PASSED AND ADOPTED on second reading this 3rd day of June, 1997. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS/tms EXHIBIT A REVENUES Budget Amendment General Fund 399900 Canyover SUBTOTAL 2,307,000 600,000 2,907,000 Total Amendments-Revenues EXPENDITURES Capital Outlay Non-Departmental - 590 6-60-6999 Capital Reserve SUBTOTAL 2,494,349 600,000 3,094,349 ~:: ~.~ i~:i~::~, ~,~, ~:~: ~i :. :.i~ i ii ii :::~ ::: ~ ~:~'~:~:,~i~ Total Amendments-Expenditures CITY OF AVENTURA OFFICE OFTHECITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council ~ Eric M. Soroka, C May 30, 1997 Proposed Ordinance Establishing Sign Code Ist Reading May 6, 1997 City Council Meeting Agenda Item __8 2nd Reading June 3, 1997 City Council Meeting Agenda Item Attached, for your review and consideration, is the subject Ordinance which incorporates all of the revisions made by the Council at the May 6 and May 20, 1997 Council Meeting. In addition, I would like to bring the following matters to the attention of the City Council: 1. The Ordinance has been revised to clearly state that with respect to wall signs, a multi-tenant shopping center has the option to either meet the criteria outlined in the Ordinance or file a separate plan and criteria for approval before the City Council. Therefore, if a shopping center feels the Ordinance is too restrictive, they have the option to request approval of their sign package before the City Council. This eliminates any need to establish distance requirements. As expressed at the last meeting, we do not believe it is necessary to establish the sign letter height requirements for all categories. This will limit the flexibility of business owners to implement the requirements of the sign code. I have reviewed the sign renewal permit provision suggested by Lionel Socolov (see attached). I feel this provision would require additional employees to implement and have a cost impact on the business community. The City Council may wish to reconsider this provision after the amortization requirements take place in three or five years. 4. The Ordinance contains revisions to the flag requirements section due to recent case history regarding flags as advertising. The Ordinance, as presented, I feel still meets the original goals of the City Council and protects the aesthetic quality of the City. If you have any questions, please feel free to contact me. EMS/aca Attachment cc0306-97 § 210-204 FREEPORT CODE § 210-205 WALL SIGN -- A sign which is attached directly to or painted on the building wail and is parallel to the building wall. § 210-205. Permit required; procedure. [Amended 2-26-1990 by L.L. No. 42-1990] A. Except as otherwise provided in this chapter, signs shall net hereafter be erected, structurally altered, enlarged or relocated within the village unless a permit is obtained from the Building Department following approval by the Architec- tural Review Board in accordance with the requirement stated below and payment of a fee. Such permits must be renewed every three (3) years. At such renewal time the Building Department shall determine that no modifications l~ave baen Ynade in the previously approved sign and that said s~ is properly maintained and in safe condition. The Board of ~ resolution shall adopt and from time to time may amend a schedule of fees payable by an applicant for a permit for the erection, maintenance, structural alteration, enlarge- ment or relocation of signs for which a permit is required pursuant to this Article and for any renewals thereof. B. Application for a sign permit shall be made on a form provided by the Building Department, which application shall include necessary sketches and supporting in- formation indicating location of sign, size, colors, type of lettering or other graphic representation and materials to be used. C. Referral to Architectural Review Board. (1) The Building Department shall review the proposed sign with respect to all quantitative factors and shall refer applications which meet said quantitative requirements or which do not meet such requirements but may be approved by the Architectural Review Board as specified herein, to the Architectural Review Board within seven (7) days after receipt of same. The Architectural Review Board shall act to approve, disapprove or approve with conditions within fifteen (15) days after receipt of the application. 21108 5 · 2.~ - 9o TO: FROM: BY: DATE: SUBJECT: CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM Mayor and Council ~, Eric U. Soroka, City//~;-- ~ger Jaye M. Epstein, C~ m~evelopment Director May 14, 1997 Sign Ordinance Revisions Pursuant to your request, following the Public Hearing of May 6, 1997, the outstanding issues presented at the hearing can be addressed in the following manner. 1) Concern regarding the smaller tenants set back a considerable distance from the right-of-way: Recommendation: Section 7. Nonresidential District Signs b) Wall Sign add to Sign Area {maximum): A tenant in a Multi-tenant Center with less than 100' of Tenant Frontage and setback a minimum of 350' from the Biscayne Boulevard right-of-way shall be allowed a Wall Sign with a Sign Area (maximum) of 1-1/2 sq. ft. for each 1 lineal foot of Tenant Frontage. Setback from right-of-way of some Existing Commercial Centers: Point East Plaza: 140' Loehmann's Fashion Island: 220' Borders/Linens' N Things: 200' Promenade's: Lurias: 300' t~i~. Oi~.;~ Marshall's: 400' Setback from right-of-way of Proposed Commercial Centers: Aventura Commons: Target/PetsMart: 500' Champion (NE 191 St/Bisc. Blvd): 430' 2) Definition of Advertising: Recommendation: (add to Definitions Section) Advertising: Any form of public announcement intended to aid, directly or indirectly, in the sale, use or promotion of a product, commodity, service, activity or entertainment. 3) Definition of Completely Finished Appearance: (page 45 - Rear of Signs) Recommendation: add: ... as determined by the City Manager. 4) Concern regarding the regulations affecting signage internal to a Regional Mall: Recommendation: 5) Letter Height: Section 7. Nonresidential District Signs h) Regional Mall Signs (D~--- 5) Wall signs... add to Supplemental Regulations: Signage internal to the enclosed structure of a Regional Mall, other than that signage referred to in Section 7(h)(2), shall not be required to conform to provided regulations, however, a building permit shall be required for installation of such signage. / Recommendation: (add the following) Section 6. Residential District Permanent Signs b) Directional Letter Height (maximum): 8" Section 7. Nonresidential District Signs c) Canopy Sign Letter Height (maximum): 12" e) Directory Sign Letter Height (maximum): g) Directional Sign: Letter Height (maximum): 8" h) Regional Mall Signs 3. Canopy Sign: Letter Height (maximum): 12" 2 5. Window Signs: Letter Height (maximum): 4" 6. Directional Signs: Letter Height (maximum): 20" Hospital: 1. Detached, Free-standing or Monument Signs Letter Height (maximum): 20" 2. Wall Signs Letter Height (maximum): 60" 6) Gulfstream Racetrack - Concern regarding the size and allowance of changeable copy on a Monument Sign. Recommendation: Gulfstream Racetrack should conform to guidelines as provided in Section 6. Residential District Permanent Signs, and all other changes proposed under this Ordinance. 7) Concern regarding the renewal of permits including the reinspection of existing signage: Recommendation: The costs involved, payable by the business community would be excessive. Additionally, because of the turnover of tenants within retail space, the estimated time period that a sign remains at a location may only be approximately 5 years. Therefore, it is recommended that this item not be included in the Sign Ordinance. 8) Letter from Shell Oil Products Company regarding concerns over signage allowed at gas stations: Recommendation: Section 7. Nonresidential District Signs a) Detached, ... Signs add to Number {maximum): ... notwithstanding the street frontage or distance separation of the parcel occupied by the gasoline station. 3 FLORIDA DISTRICT F-266 T-5~l P-~U2U~Z HA'~ 12 '9? i6:i? SouTheast Florida Re~all District Shell Oil Products Company May 12, 1997 Mr. Eric Soroka City Manager City of Adventure 2999 NE 191st Street, Suite 500 Aventura, Florida 33160 RE: Proposed Sign Ordinance Dear Mr. Soroka: Thank you for the opportunity of making cor~r~ents concerning the proposed adoption of the sign ordinance by the City of Adventure. Although we have not has an opportunity to do a detailed evaluation of the impact of the proposed sign ordinance on Shell Oil Company installations, based purely on preliminary cursory ex~raination we make the following observations. First, there appears to be a possible inherent conflict in the definition of pole signs and free standing signs as applied to $~rvioe station properties, not only as to Shell Oil Co~any but other com~}anies as well. Other provisions of the code which appear to be of questionable relationship to the purpose of the ordinance include some of the listed signs in Section 3 ~Prohibited Signs,~ including Subparagraphs (c) and (h), and Subparagraphs (v) and (w), and other prohibited signs listed under Paragraphs (ff), and (cc). There is further concern with respect to the lirlitations imposed.upon Non- Residential District Signs, Section 7, and a distance requirement from other detached free standlD~ or monument signs, a~d the limitation of number of signs per parcel as well as the set-back and height of signs. There does not appea~ to be provision of irregularly shaped corner returns relating to service station properties and driveways. ~ In the supplemeDtal regulations in Section 9, the limitation of logos in Sub- section (d), and the landscaping requirements in S~b-section (h) appeaz to be unworkable. Host of the concerns of Shell oil company deal with dealer requirements for buslness identification and attraction, as well as safety, and secondarily, the established nationally accepted signage of Shell Oil CoE~0any sites. Shell has always atte~tpted to maintain a readily recognizable but yet pleasing i~ge in every co,unity in which it operates, seeks to cooperate with governmental agencies at all levels to every degree possible. We look forward to the opportunity of discussing the impact of this sign ordinance on Shell properties in the City of Aventura at the public hearings which we understand are scheduled for May 20th and June 3rd of thi= year. Respectfully submitted, SHELL OIL COMPANY M. G. Winder krea Real Estate Representative J:~PT204%WORD~713~l~o~ ~. SUDDIsmsntal reaulatlon~. c) Changaable Copy Signs: 3) Pad-mutuals: In a~ldiiion to other permitted Signs, Pari-mutuel facilities shall be permitted to have a lighted, detached/freestanding Changeable Copy Sign showing information related to on-site events, provi~led (i) the Sign shall not exceed 30 feet in Sign Height or 1,000 square feet in Sign Area; and (ii) a landscaped area of at least 100 square feet shall be located around the base of all such Signs. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Eric M. Soreka, Ci~a~l~r May 2, 1997 -- Proposed Ordinance Establishing Sign Code Reading May 6, 1997 City Council Meeting Agenda Item. Reading June 3, 1997 City Council Meeting Agenda Item Attached for your review and consideration, is a revised Ordinance establishing the Sign Code for the City. The Ordinance contains the following revisions discussed at the April 30, 1997 Council Workshop. 1. Monument sign definition has been revised to include building material of stone, masonry or s[ucco. Section 6 a) Residential Identification Sign - Increase height to eight feet, established letter size of 20". b) Directional Sign - Increase height to three feet. Section 7 a) Non-Residential Monument Sign - Increased size from 32 square feet to 48 square feet, increased height to eight feet, revised setback from five feet to six feet and established letter size of 20". Section 7 b) Wall Signs - One additional sign for a corner location or through store not to exceed 50% of the primary sign, established letter height size of 60". 5. Section 7 g) Directional Signs - Added that Iogos are allowed but may cover no more than 25% of the sign area. 6. Section 7 h) Regional Mall Signs - Established separate specific guidelines for a regional mall. 7. Section 7 i) Hospital - Established separate specific guidelines for hospitals including monument sign of sixty-five square feet. 8. Section 8 b) Real Estate Signs - Added colors are limited to black and white. 9. Section 9 i) Flags - Established specific guidelines relative to flags. 10. Amortization Schedule. a. Non-conforming signs and signs displaying services or products removed prior to May 1,2000. b. Channel/Letter wall signs that are less than twice the size allowed in the Ordinance removed prior to May 1,2002. c. Grandfather - residential monument signs, residential, hospital and office building signs and flag poles. If you have any questions, please feel free to contact me. EMS/aca Attachment cc029o-97 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING SIGN CODE REGULATIONS; PROVIDING FOR PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR PROHIBITED SIGNS; PROVIDING FOR REQUIRED SIGNS; PROVIDING FOR SIGNS NOT REQUIRING A PERMIT; PROVIDING FOR RESIDENTIAL DISTRICT PERMANENT SIGNS; PROVIDING FOR NON- RESIDENTIAL DISTRICT SIGNS; PROVIDING FOR TEMPORARY SIGNS;PROVIDING FOR SUPPLEMENTAL REGULATIONS; PROVIDING FOR SIGN PERMITS; PROVIDING FOR NON-CONFORMING SIGNS; PROVIDING FOR SIGN MAINTENANCE;PROVIDING FOR REMOVAL OF IMPROPER SIGNS; PROVIDING FOR REPLACEMENT OF SIGN CODE PROVISIONS PROVIDED BY METROPOLITAN DADE COUNTY CODE SECTIONS 33-82 TO 33-121.27; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Section 8.03 of the City Charter incorporates all code provisions, ordinances and resolutions contained in the Code of Metropolitan Dade County (the "County Code") on the date of the adoption of the City Charter; and WHEREAS, this City Council wants to repeal any conflicting provisions of the County Code pertaining to Sign codes and regulations, and establish its own Sign code for the City of Aventura, as well as enforcement and penalties for violations; and WHEREAS, it is protective of the public health, safety and welfare and in the public interest of the residents of the City for the City Council to regulate existing and proposed Signs; and Ordinance No. Page 2 WHEREAS, nothing in this Ordinance shall impair the enforcement of more restrictive restrictions imposed upon private property pursuant to the provisions of Restrictive Covenants of Homeowners' Associations and Master Associations or the provisions of Declarations of Condominium bylaws, rules or regulations issued thereunder; and WHEREAS, the City Council believes it is in the best interest of the public to require lush landscaping to be installed in conjunction with ground signs; and WHEREAS, the City Council desires to enhance the unique aesthetic character of the City; and WHEREAS, in accordance with Ordinance 96-27 of the City of Aventura, the City Council has been desi.qnated as the local planning agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, THE City Council has reviewed the Si.qn regulations set forth in this Ordinance and has determined that such Si.qn regulations are consistent with the applicable provisions of the Comprehensive Plan of Metropolitan Dade County, as made applicable to the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Purpose. 2 Ordinance No. Page 3 The purpose of this Ordinance is to promote and protect the public health, safety and general welfare by regulating existing and proposed Signs and other street graphics within the City. In particular, this Ordinance is intended to preserve the unique aesthetic character of the City and ensure that Signs are compatible with their surroundings. It is further intended to protect property values, create a better business climate, enhance the physical appearance of the community, preserve the natural beauty of the City and improve vehicular and pedestrian safety and reduce visual pollution. It is the belief of this City Council that the nature of Signs is to provide an index to needed goods and services. It is the intention of this Ordinance to control those Signs and to authorize the use of Signs that are: (a) Compatible with their surroundings. (b) Expressive of the identity of individual proprietors or of the community as a whole. (c) Legible under the circumstances in which they are seen. (d) Effective in indexing the environment. (~)Conducive to promoting traffic safety by preventing visual distraction. Section 2. Definitions. 3 Ordinance No. Page 4 Abandoned Sign: A Sign is considered abandoned if the business or other use advertised on that Sign is no longer licensed, no longer has an Occupational License or is no longer doing business at the location to which the Sign pertains. Advertisin,q: Any form of public announcement intended to aid, directly or indirectly, in the sale, use or promotion of a product, commodity, service, activity or entertainment. Animated Sign: A Sign that uses motion of any part by any means, or that displays flashing, oscillating, sequential or intermittent lights other than Time and Temperature Signs, stock market price quotations and Changeable Copy Signs. Attention-Getting Devices: Blinking or flashing lights, streamer lights, pennants, banners, balloons, streamers, and all fluttering, spinning or other type of attention attractors or advertising devices. Awning Sign: A Sign placed on an awning that is supported entirely from the exterior wall of a building and composed of a non-rigid material, and a supporting framework. Balloon Sign: Any Sign of fabric type material, inflated by air to a point of semi- rigidity for the purpose of floating above the ground or a building. Banner Sign: A Sign having characters, letters or illustrations applied to cloth, plastic, paper or fabric of any kind with only such material for backing. Natienal~state cr mun!cipa~_Flags shall not be considered as a banner. 4 Ordinance No..__ Page 5 Bare Bulb Sign: Any Sign with an exposed bulb or other illuminating device.- Billboard: A Sign, including Signs located in the public right-of-way, utilized for advertising an establishment, an activity, a product, service or entertainment, which is sold, produced, manufactured, available or furnished at a place other than on the property on which the structure is located. Box/Cabinet Wall Sign: Any Sign, the face of which is enclosed, bordered or contained within a box-like structure, frame or other device. Bunting: Any kind of pennant, streamer or other similar fabric decoration. Building Frontage:- The horizontal distance on the ground from one end of a building to the other, parallel to the designated front lot line of the property, as determined by the Director. Bus Bench/Shelter Advertising Sign: Any Sign painted on or attached to a bench or to a shelter used by persons awaiting transportation. Canopy Sign: ^ Sign hanging underneath a pedestrian shelter canopy in a Multi-tenant Center. Changeable Copy Sign:- A Sign displaying messages that can be, or are intended to be, changed electronically or by use of removable letters and numerals. Channel Letter Sign: A Sign using three dimensional letters, numbers or Iogos with a groove, or other indentation or recess in the surface having an independent physical existence from the building or other structure to which it is attached. 5 Ordinance No. Page 6 City Manager: -The City Manager of the City of Aventura, Florida or persons designated by the City Manager to interpret, administer and enforce this Ordinance. Community Service Sign/Special Event Sign:- Any Temporary Sign which advertises solely a function or event of a non-profit organization, civic event or meeting, or other similar activity of a temporary nature. Construction Sign: A Sign containing information relating to improvements to existing building or to new construction such as the project name, names of a general contractor, architect, engineer or similar firm. Detached/Freestanding Sign: Any Sign that is not attached to or painted on a building, but that is affixed to a supporting structure that is attached to the ground by a concrete foundation. Such Signs include Monument Signs. Such Signs do not include Pole Signs. Development Identification Sign: A Sign installed on a building or around the perimeter of a residential development or neighborhood identifying the name of that building, development or neighborhood. Director: The Director of the Community Development Department. Directional/Instructional Sign: A Sign that guides or directs the public and contains no advertising. The name of the facility (such as store name) to which the Sign provides direction may be included when specified conditions in this Ordinance are met. 6 Ordinance No. Page 7 Directory Sign: A Sign index consisting of the names of tenants of an office building, shopping center or other Multi-tenant Center. Entrance Feature: Any combination of decorative structures and landscape elements located at the entrance to the development, which identify or draw attention to the development and/or act to control ingress and egress to the development. An Entrance Feature may include, although is not necessarily limited to, ornamental walls, fences, identifying lettering, Iogos, works of art, and other landscape elements, as well as gatehouses, either singly or in any combination. Externally Illuminated Sign: Any Sign illuminated by shielded electric lights (including reverse channel lighting and back-lighting) which are not part of the Sign. All Externally Illuminated Signs shall have the illumination device fully screened from view. Facade: The front face of a building from the ground to the roofline. Flag: Any fabric containing distinctive colors, patterns, or symbols used as a symbol of a government, pc!!t~sa! subdiv!s!cn or other simi!ar public or private entity. Government Instructional Sign: A non-commercial Sign permanently erected and/or maintained by the City, the County or State, or any agency thereof. Such Sign may include legal notices, identification and information and may direct or regulate pedestrian or vehicular traffic. 7 Ordinance No. Page 8 Hospital: For purposes of this Ordinance, this term shall apply to only acute care hospitals and associated facilities with a minimum of 300 in-patient beds. Internally Illuminated Sign: Any Sign having translucent characters, letters, designs, Iogos or outlines illuminated by electric lights located within the Sign, or luminous tubes designed for that purpose. Marquee Sign: Any Sign attached to or hung from a covered structure projecting from, and supported by the building with independent roof and drainage provisions, and which is erected over a doorway or entranceway as protection against the weather. Model Sign: A Sign that designates a particular dwelling unit or units that is exhibited to depict other units of a similar design for sale or rent. Monument/Ground Sign: A stone, masonry or stucco Sign mounted on a freestanding solid structure supported solely by its own ground-mounted base or supported by two pole-like supports not to exceed 18 inches in height which is not attached or affixed in any way to a building or other structure. Multi-tenant Center: Any shopping center, office center or business center in which two or more occupancies abut each other on the site or share common parking facilities or driveways or are otherwise related. Murals: Any mosaic, painting or graphic art technique applied, implanted or placed directly onto an exterior wall. 8 Ordinance No. Page 9 Nameplate Sign: A Sign indicating the name, and/or profession or address of a person, persons or business legally occupying the premises. Neon Sign: Any Sign or building trims utilizing neon or other similar gas for illumination. Non-conforming Sign: A legal and permitted Sign (including a Si.qn for which a variance has been granted) existing as of the effective date of this Ordinance but which does not comply with the requirements of this Ordinance or any amendments to this Ordinance. Off-Premise Sign: Any Sign advertising a commercial establishment, activity, product, service or entertainment that is sold, produced, manufactured, available or furnished at a place other than on the property upon which the Sign is located. A Real Estate Open House Sign shall not be considered an Off-Premises Sign. Office Building: A Principal Building primarily used for the conduct of business, such as administration, clerical services, and consultation with clients and associates. Such buildings can be large or small and may house one or more office concerns. Painted Wall Sign: Any painted Sign attached to and erected parallel to the face of, or painted on the outside wall of any building. Parapet: A false front or wall extension above the Roofline of a Principal Building. Parapet Sign: Any Sign attached to or supported by a Parapet. 9 Ordinance No. Page 10 Parcel Frontage: The distance for which a lot line of a property adjoins a street, from one property line intersecting said street to the furthest distance property line intersecting the same street. Pole Sign: Any Sign erected upon a pole or poles that is wholly independent of any building and/or other structure for support. Portable Sign: Any Sign not permanently attached to the ground or other permanent structure or any Sign designed to be transported. Portable Signs shall include, but not be limited to Signs designed to be transported by means of wheels; skid-mounted Signs; Signs converted to A- or T-frames; Menu and Sandwich Signs; Balloon Signs and Vehicle Signs. Principal Building: The primary structure excluding ancillary, accessory or attached structures or devices. Projecting Sign: A Sign directly attached to and extending from a building or other structure by more than four inches. Pylon Sign: A Sign attached to or painted on the face of a vertical or horizontal extension of any face of a building which extension constitutes an integral part of the building structure. Reader Board: A permanent Sign or portion thereof with characters, letters or illustrations that can be changed or rearranged, electronically or otherwise, without otherwise altering the face or the surface of the Sign. A Sign on which the only copy 10 Ordinance No. Page 11 that changes is an electronic or mechanical indication of time or temperature, stock market price quotations, or retail gasoline service station prices shall not be considered a Reader Board. Real Estate Open House Sign: A Portable Sign indicating property for rent, lease or sale that is currently open for inspection. Real Estate Sign: A Temporary Sign erected on-site by the owner or his/her agent, indicating property which is for rent, lease or sale, open for inspection, shown by appointment only or such similar announcement. Residential Zoning District: An area containing land zoned for residential development. Reverse Channel Letter Sign: Opaque individual letters, numbers or Iogos that are mounted directly on the wall with lighting within the letter, number or logo so that they reflect off of the wall, i.e., reverse lighting. Roof: The roof of the Principal Building. Roofline: The lower extreme of the fiat or nearly fiat roof limits of the Principal Building. Roof Sign: A Sign erected over or on the Roof, or extending above the Roof Line, which is dependent on the Roof, Parapet or upper walls of a building for support. Safety Sign: Any type of safety marking or device as may be prescribed by fire authorities or any other official public agency. 11 Ordinance No. Page 12 Sign: Any structure and all parts composing the same, together with the frame, background or support therefor, that is used for identification, advertising, informational or display purposes or any statuary, sculpture molding, casting or other objects used for identification, informational, advertising or display purposes in a permanent or temporary nature. Merchandise vehicles or equipment used as an attention attractor or advertising device, with or without a printed message, shall be considered a Sign. Sign Area: The square foot area enclosed by the perimeter of the Sign structure, including borders and framing. When a Sign is composed of individual letters, symbols or Iogos only, the Sign Area is the area enclosed by a perimeter line forming a single rectangle or square enclosing all letters, symbols and Iogos, and shall be measured to the furthest point. In the case of a Monument Sign, the Sign Area is the square foot area from the ground to the maximum height, times width. Sign Height: The height of a Sign measured from the finished ground elevation to the top extremity of the Sign. If the area around the Sign is bermed, then the height of the Sign is measured using the crown elevation of the fronting street. Snipe Sign: A Sign that is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes, walls, trash receptacles or fences, or to other objects, excluding notices required by law. 12 Ordinance No. Page 13 Swinging/Hanging Sign: The term shall mean any Sign of larger than four square feet in size which swings freely, rotates or revolves from or on supports with or without guy wires. Tempora~3/Sign: Any Sign to be displayed for a limited period as specified elsewhere in this Ordinance. A Temporary Sign shall be displayed only on the site to which it applies. Through Store: A tenant with frontages on two sides but not corner locations. For purposes of this Ordinance, frontage on two sides shall be defined as a tenant where frontages are internal to the center, or the center and a public street. Time and Temperature Sign: A display containing illuminated numerals flashing alternately to show the time and/or temperature. Traffic Control Sign: Any sign found in the Manual of Uniform Traffic Control Devices as may be amended from time to time. Vehicle Sign: A Sign affixed to or painted on a transportation vehicle including automobiles, vans, trucks, boats, trailers and campers for the purpose of identification or advertisement, excluding Signs less than two square feet per side of the vehicle and excluding Signs on vehicles used in the normal day-to-day operations of a business. V-Sign: A freestanding Sign with two sides angled rather than parallel and flush. The spread of the V at the open end shall not be greater than the length of its narrowest side. A V-Sign shall be counted as one Sign. 13 Ordinance No. Page 14 Wall Sign: A Sign which is affixed to or painted on and fiat against an exterior wall, fascia, cantilever or marquee of any building that is parallel thereto and supported by such wall, fascia, cantilever, marquee or building. Window Sign: A Sign attached to or painted on the inside of a storefront window or door. Section 3. Prohibited Signs. The following are prohibited: a) A Sign that significantly covers, interrupts or disrupts the major architectural features of a building. b) Abandoned Signs. c) All Signs which display services or products as opposed to the business name. d) All Signs located on or over public property or right-of-way, except those installed by governmental agencies. e) Animated Signs. f) Any Sign placed on or attached to utility poles except for the purpose of utility identification. g) Any Signs that could be confused with a Traffic Signal or Traffic Sign. h) Any Signs that in the opinion of the City Manager constitute a safety hazard. i) Attention-Getting Devices. 14 Ordinance No. Page 15 J) k) ,) Balloon Signs. Bare Bulb Signs. Billboards, other than those lawfully existing on the effective date of this Ordinance and protected by Sec. 479.15(2), Fla. Statutes. m) Box/Cabinet Wall Signs utilizing internal illumination excepting Box/Cabinet Wall Signs comprised of boxes with cabinets consisting of individual letters or where each box/cabinet consists of an individual letter or where the individual letters are translucent and the Sign face is opaque. n) Buntings. o) Bus Bench/Shelter Signs. p) Changeable Copy Signs except as specifically permitted under this Ordinance. q) Signs erected or painted on fences or wall erm!c~JreS except as specifically permitted in this Ordinance. r) Marquee Signs, except as specificalF/~n tt~i~,©rdinance. s) Murals. t) Neon Signs (other than Reverse Channel and Wall Sign~ ~ere permitted) including neon building trim. u) Off-Premise Signs. v) Painted Wall Signs. Ordinance No. Page 16 w) Parapet Signs, excepting that 50% of that portion of a sign located in an area with a parapet may extend above the roofline. x) Any Signs illuminated from outside the boundaries of the Sign unless the source of illumination is not visible from any abutting right-of-way or any adjacent property. y) Pole Signs. z) Portable Signs, except as specifically permitted under this Ordinance. aa) Projecting Signs, except Canopy Signs. bb)Pylon Signs. cc) Reader Boards. dd)Roof Signs. ee)Service station pump island banners or advertising or promotional Signs. fi) Signs attached to trees or other vegetative landscaping material. gg)Signs placed on awnings, shades, canvas or other similar structures, except as specifically permitted. hh)Snipe Signs. ii) Swinging/Hanging Signs. jj) Vehicle Signs close to or on the public right-of-way when used for advertising purposes at a given location or site in addition to or in lieu of Temporary or other Signs permitted under this Ordinance. 16 Ordinance No. Page 17 kk) All Signs not specifically permitted. Section 4. Re(~uired Siqns. The following Signs shall be placed where relevant by a property owner and do not require a permit: a) Safety Signs b) Address numbers: 1) Residential building with four dwelling units or less -- address numerals at least four inches high but not greater than ten inches. 2) Residential building with more than four dwelling units -- address numerals at least ten inches high. 3) Non-residential buildings - address numerals at least ten inches high. c) Handicapped parking and handicapped access Signs: In accordance with state handicapped parking and Federal Disabilities Act access requirements. d) Traffic Control Signs e) Baby Stroller Si,qns: As required by the Dade County Code~ Section 5. Other Siqns / No permit required The following Signs may be placed without the filing of an application for the issuance of a permit or the payment of a fee, but shall, unless otherwise exempted, be subject to all other regulations set forth in this Ordinance. The foregoing exemption from filing shall not be construed to waive the other provisions of this Ordinance or the 17 Ordinance No. Page 18 structural requirements outlined by this Ordinance and/or the South Florida Building Code, as may be amended from time to time. a) Government Instructional Signs b) Temporary holiday decorations, provided they carry no advertising matter, and further provided that they are not in place more than 45 days and are removed fourteen days after the holiday ends. c) No-trespassing and no-dumping Signs not to exceed one and one-half square feet in Sign Area and not to exceed four per lot, except that special permission may be obtained from the City Manager for additional Signs under proven special circumstances. d) Permitted Flags. e) Nameplate Signs in residential districts when letters for said Signs do not exceed three (3) square feet in Sign Area. t~ Nameplate Signs in non-residential districts on the rear of the building with Sign Area not in excess of three (3) square feet and with letters not exceeding three (3) inches in height. g) Signs of a noncommercial nature erected by public utilities. h) School and places of worship Signs as specified in this Ordinance. 18 Ordinance No. Page 19 i) Signs indicating the availability of accommodation in hotels, motels, etc., ...... to all provisions of this Ordinance and when when said Signs conform said Sign Area does not exceed three (3) square feet. j) Changes of copy in permitted Changeable Copy Sign. k) Handicapped Parking Signs or other similar parking Signs. Section 6. Residential District Permanent Signs. The following Signs are authorized in all Residential Zoning Districts and Residential-office Zoning Districts: a) Development Identification Sign: Permitted only for (i) multifamily buildings with more than five units; (ii) single-family developments with more than five units; (iii) religious institutions, schools and public uses. Where multifamily dwellings are part of a larger development, there shall be only one Development Identification Sign on each public street frontage of the development, Approvals Necessary City Manager Number (maximum): 1 Monument Sign (or Sign mounted on perimeter wall) per street frontage indicating the name and address of the complex, except 2 are permitted where attached to wall of symmetrical Entrance Feature 19 Ordinance No. Page 20 Sign Copy Area (maximum): Sign Height (maximum): Letter Height (maximum): Setback (minimum): Illumination Changeable Copy Sign 32 sq. ft. (aggregate if 2 Signs) 20" 6 ft. from right-of-way, 15 ft. from side property line Externally Illuminated Signs only. Schools, religious and public institutions only may be permitted one Changeable Copy Sign in lieu of the permitted Monument Sign. Said Sign shall not exceed thirty-two (32) square feet in Sign Area. b) Directional City Manager Approvals Necessary Number: To be approved as part of site plan. If plan, Sign Area (maximum): Sign Height (maximum): not approved as part of site separate permits required 4 sq. ff. each 3ft. 2O Ordinance No. Page 21 Other restrictions No advertising copy. Logos may cover no more than 25% of the Sign Area. Section 7. Nonresidential District Signs. The Owner, or their authorized representative, may at their option, choose to use the followinR standards or alternatively, apply for approval as a Multi-tenet Center (provided that the subiect Center complies with the definition provided in this Code). The following Signs are authorized in all nonresidential districts in the City: a) Detached, Freestanding or Monument Signs where otherwise permitted, shall not be closer than two hundred (200) feet to any other previously permitted Detached, Freestanding or Monument Sign. Approvals Necessary City Council 21 Ordinance No. Page 22 Number (maximum); Sign Area (maximum): Sign Height (maximum): Letter Height (maximum): Setback (minimum): From right-of-way line: From side property line: Illumination 1 per parcel; parcel must have frontage of at least 100 feet on a public street, except for gasoline station parcels where a 48 square foot Sign shall be permitted notwithstanding the street frontage or distance separation of the parcel occupied by the gasoline station. (Subdivision of an existing building or planned building group shall not entitle the new parcels to additional Monument Signs). 48 sq. ft. maximum 8ft. 20~' 6ft. 20 ft. Externally Illuminated Signs only. 22 Ordinance No. Page 23 Supplemental provisions: Option on number of Signs if parcel has 300 or more feet of Parcel Frontage and two two-way access points on different public streets. Logos may cover no more than 25% of the Sign Area. Time and Temperature Sign authorized within total permitted Sign area. Landscaping and visibility sight triangle on corner lot. Changeable Copy Sign 2 Signs, aggregate area not to exceed 72 sq. ft. See applicable provisions contained in this Ordinance. Schools, religious and public institutions only may be permitted one Changeable Copy Sign in lieu of the permitted Monument Sign. Said Sign shall not exceed forty-eight (48) square feet in Sign Area. 23 Ordinance No. Page 24 b) Waft Sign (Permitted only on buildings where the majority of the floor area is in retail use, In the case of a Multi-tenant Center, Wall Signs are permitted on walls that face an access drive or internal courtyard). Approvals Necessary City Manager Reverse or Channel Letter Sign only Type Number (maximum): Sign Area (maximum): 1 per ground or second floor establishment which has its own frontage and entrance facing a public street. (If the Parcel Frontage requirement for a Monument Sign precludes an office building from having a Monument Sign, one building identification Wall Sign that otherwise meet the Wall Sign standards is authorized). Corner or Through Store locations may have an additional wall sign. Such second sign shall be limited to 50% of the square footage of the primary sign. 1 sq. ft. for each 1 lineal ft. of Tenant Frontage Letter Height (maximum): Illumination: Supplemental provisions: See gas station previsions contained in this Ordinance See definition Letter Sign of Reverse or Channel 24 Ordinance No. Page 25 c) Canopy Sign: Approvals Necessary Number (maximum): Sign Area (maximum): Minimum clearance above ground: Must be rigidly attached City Manager I per establishment 4 sq. ft. 8ft. d) Awning Sign (permitted only in lieu of=Wall Sign): Approvals Necessary City Manager Number (maximum): Lettering Logo 1 per establishment 1 line; letters not to exceed 9 in. in height Maximum of 6 sq, ft. e) Directory Sign: City Manager Approvals Necessary 1 per Multi-tenant Center, in addition to Number (maximum): Sign Area (maximum): Location other permitted Signs 32 sq. ft. Complex name and/or address shall not exceed 50% of base height. On building wall (or freestanding within internal courtyard) Externally or Internally Illuminated Signs. Illumination 25 Ordinance No. Page 26 f) Window Sign (permanent): Necessary City Manager (maximum): Sign Area (maximum): Illumination 1 per establishment 4 square feet; letter height not to exceed four inches. Prohibited g) Directional Sign: Approvals Necessary City Manager Number To be approved as part of site plan; if not permit Sign Area (maximum): Height (maximum): Other restrictions approved as part of site plan, required 4 sq. ft. 3ft. No advertising copy. Logos may cover no more than 25% of the Sign Area. 26 Ordinance No. Page 27 h) Regional Mall Signs: The following signs are authorized in all Regional Malls located within the City consisting of an enclosed mall with a minimum of three major tenants (minimum 100,000 square feet), located on not less than seventy acres and consisting of not less than a total of one million square feet of building area. 1. Detached, free standing or monument signs may be located at each entry drive onto the regional mall prepet~q/ from any abutting public right- of-way. Approval Necessary City Manager Number (maximum) 1 per access drive Sign Area (maximum) Mall Property entry signs Free Standing Establishment Sign Height Mall Property Entry Free Standing Establishment 1 per each establishment which is located adjacent to the public right-of-way or internal roadway 195 square feet maximum; the square footage shall be calculated based only on the side/area having copy and not include any side without copy on architectural features or shaped sign such as cubes, squares or other geometric shape See Non-residential sign requirements. 15ft. See Non-residential sign requirements. 27 Ordinance No. Page 28 Letter Height (maximum): 20" Setback Mall Property Sign Free Standing Establishment 6ft. 6ff. Illumination External or internal illumination of letters and Iogos only 2. Wall signs are only permitted on the three exterior walls of the major tenants of not less than fO0,O00 square feet that face the exterior regional mall property. Other tenants which provide direct pedestrian access from the mall property such as major restaurants or theaters may also have wall signs. Tenants having direct access to an external open courtyard area may have a wall sign facing such courtyard. Approval Necessary Number (maximum) Ci~ Manager I for each exterior wall for a tenant of at least 100,000 square feet, facing the exterior mall premises. Such sign may only be located on the exterior wall of the specific tenant space identified. 1 per tenant for other tenants that provide direct access from the mall exterior or for tenants having direct access onto an open courtyard. 28 Ordinance No. Page 29 Sign Area (maximum) Major tenants (minimum square feet of floor area) Exterior Access tenants Open Courtyard tenants 100,000 500 sq. ft.; Lettering not over 12" located on a wall, overhang or canopy which designates specific uses of a 100,000 sq. ft. tenant shall not constitute a sign for purposes of this ordinance. 75 sq. ff. 75 sq. ft. Letter Height (maximum): 72" Illumination Reverse channel letters or external illumination. 3. Canopy Sign: Number (maximum) Sign area (maximum) Minimum clearance above ground Approvals Necessary Vlust be rigidly attached 4. Awning Sign: Approvals Necessary Number (maximum) Lettering 1 per establishment 4 sq. ft. 8 feet Ci~ Manager Ci~ Manager 1 perestablishment lline;le~ers notto exceed 9inchesin ht. Logo Maximum of 6 sq. ft. 29 Ordinance No. Page 30 5. Window Signs: Approvals Necessary City Manager Number (maximum) I per establishment Sign Area (maximum) 4 sq. ft. Illumination Internal or external illumination 6. Directional Signs: Approvals Necessary City Manager Number Approval as part of a site plan; if not approved as part of a site plan, permit required. Such signs may be located as part of the internal road system as needed to insure traffic flow and circulation. Sign Area 75 sq. ft. Height 9 sq. ft. Other Restrictions -Only 100,000-sq. ft. tenant identification, name and/or Iogos allowed. Logos may cover no more than 25% of the Sign Area. 3O Ordinance No. Page 31 Since Mall areas are by nature public access areas, necessary precautions must be taken for the public safety, and permits will be required and processed in the usual fashion for any sign installation in the mall area; the processing shall include usual requirements for plans showing construction, method of installation, location, size and height above the pedestrian pathway. Interior wall, window, awning, canopy signs and interior mall directory signs will be permitted and shall not be calculated as one of the signs permitted under the Sign ordinance. Any Non-conforming, legally permitted signs that existed at the time this ordinance became effective may be continued, although it does not conform to all the provisions hereof, provided that no structural alterations are made thereto except for change of copy. The courtyard area may have entry signs and Iogos to identify the courtyard area but shall not specify tenants. Such signs may be mounted on a wall, entry structure or other decorative feature. Such entry signage (lettering) shall be limited to 75 square feet. 31 Ordinance No. Page 32 Si,qna,qe internal to the enclosed structure of a Regional Mall, shall not be required to conform to these regulations. However, a Building Permit shall be required for installation of all such Signs. Directional signs without advertising throughout the parking stru6ture~arage are exempt from this limitation. i_)_ Hospital: 1) Detached, Free-standing or Monument Signs Approval Necessary City Manager Number (maximum) By approval Sign Area (maximum): Area shall not exceed 65 sq. ft. Sign Height (maximum): Primary Sign Secondary Sign Setback (minimum): Right-of-Way Side Property Line 15ft. 13ft. 6fl. 20 ft. Shall not be closer than 50' to another Detached, Monument Sign Illumination External, or internal illumination of letters and Iogos only. 32 Ordinance No. Page 33 2. Wall signs Approval Necessary City Manager Number (maximum) 1 per elevation Sign Area (maximum) I sq. ft. for each I lineal ft. of elevation frontage Illumination Reverse or channel letters or external illumination. Section 8. Temporary Signs. The following Temporary Signs are authorized in the City: a) Grand opening Banner: Residential Nonresidential District District Approvals Necessary City Manager City Manager Number (maximum): 1 per project 1 per establishment per calendar year in a Multi- tenant Center Sign Area (maximum): 30 sq. ft. 30 sq. ft. Sign Height (maximum): 4 ft. 4 ft. 33 Ordinance No. Page 34 Length of display 14 consecutive days after 14 consecutive days after issuance of initial issuance of initial occupational license occupational license Frequency 1 per year I per year Other Restrictions Sign copy shall only Sign copy shall only include "Grand Opening" include "Grand Opening" and the Name of the and the Name of the Project. Signs shall Project. Signs shall indicate expiration date on indicate expiration date on lower right hand corner, lower right hand corner. b) Real Estate Signs: (No permit required). Residential Nonresidential District District Number (maximum): 1 per lot, except corner 1 per lot lots may have 2 SignArea (maximum): 40 sq. in. aggregate for 4 sq. ft. aggregate each Sign Height (maximum) 4 ft. 4 ft. Setback (minimum) 6 ft. 6 ff. Length of Display Shall be removed within Shall be removed within 10 days after the closing. 10 days after the closing. 34 Ordinance No. Page 35 Other Restrictions Sign copy shall be limited to: (i) situation (i.e. sale, rent, lease, zoning, size of property); (ii) name of owner; broker or agent; (iii) phone number; (iv) designs or trademarks not comprising more than 20% of Sign Area; (v) colors limited to black and white Sign copy shall be limited to: (I) situation (i.e. sale, rent, lease, zoning, size of property); (ii) name of owner; broker or agent; (iii) phone number; (iv) designs or trademarks not comprising more than 20% of Sign Area; (v) colors limited to black and white c) Construction Sign: Residential Nonresidential District District Approvals Necessary City Manager City Manager Number (maximum): 1 per lot 1 per lot Sign Area (maximum): 32 sq. ft. 32 sq. ft. Sign Height (maximum): 4 ft. 4 ft. Setback (minimum): 6 ft. from property line, 6 ft. from property line, not in right-of-way or sight not in right-of-way or sight visibility triangle visibility triangle Length of display Permitted for a 12 month Permitted for a 12 month period from date of period from date of building permit issuance building permit issuance or or until construction until construction completed completed 35 Ordinance No. Page 36 Other Restrictions Sign copy may include only: (i) project name; (ii) nature of development; (iii) general contractor; (iv) architect; (v) lending institution; (vi) owner or agent; and (vii) phone number Sign copy may include only: (i) project name; (ii) nature of development; (iii) general contractor; (iv) architect; (v) lending institution; (vi) owner or agent; and (vii) phone number d) Model Sign: (No permit required). Residential Nonresidential District District Number (maximum): 1 per model unit lot and 1 (Not applicable) 3er office lot Sign Area (maximum): 4 sq. ft. Sign Height (maximum): 4 ft. Model arrow Signs 3 per development not to exceed 2 sq. ff. each. Shall not be located in right-of-way or sight visibility triangle. Flags Not permitted, except as specifically allowed in this Ordinance Time limit Until certificate of completion/occupancy is issued for last house in development. 36 Ordinance No. Page 37 Other Restrictions Sign copy may include only: (i) "Model"; (ii) builder; (iii) architect; (iv) agent; (v) number of bedrooms and baths; (vi) telephone number e) Window Sign, Temporary: Residential Nonresidential District District Approvals Necessary Not permitted City Manager Sign Area (maximum): 10% of window area up to a maximum of 10 sq. ff. Time limit 14 days Business or use shall be Frequency limited to 5 such advertising Sign permits per calendar year f) Garage/Estate sale Sign: Residential Nonresidential District District Approvals Necessary City Manager Not Permitted Number (maximum): 1 per lot on site Sign Area (maximum): 6 sq. ft. Height (maximum): 4 ft. 37 Ordinance No. Page 38 Length of display Maximum of 1 weekend during any 6 month period Setback Not on right-of-way g) Real Estate Open House Sign. Such Sign is located on.premises, on private property (upon permission of the private property owner), but which shall not act as an obstruction to vehicular or pedestrian traffic. (In conformance with design specifications as provided by the City Manager): (No permit required). Residential Nonresidential District District Number(maximum): I per property (2 per 1 per property (2 per property when more than 1 property when more than 1 unit is for lease or sale on unit is for lease or sale on property) property) Sign Area (maximum): 6 sq. ft. 6 sq. ft. Sign Height (maximum): 6 ft. 6 ft. Time limit Permitted Saturdays and Permitted Saturdays and Sundays 10:00 a.m. to Sundays 10:00 a.m. to 4:00 p.m. Must be 4:00 p.m. Must be removed same day. removed same day. h) Community Service Signs/Special Event Signs: The number, size and location of Signs to be determined by the City Manager. 38 Ordinance No. Page 39 b)-i) School and places of worship Signs. Not in freestanding In freestanding structure structures Approvals Necessary City Manager City Manager Number: 1 1 Sign Area (maximum): 12 square feet 32 square feet Sign Height (maximum): 5 feet 6 feet Setback Shall not be placed in any Shall not be placed ~n any right-of-way or sight right-of-way or sight visibility triangle, visibility triangle. Length of display Shall be displayed only Shall be displayed only during worship services during worship services and related functions, and related functions. Section 9. Supplemental regulations. a) Multi-tenant Center Sign graphics criteria, The Owner of a Multi-tenet, or their authorized representative, may choose to comply with the standards for Nonresidential District Si.qns or alternatively, apply for approval as a Multi-tenet 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 39 Ordinance No. Page 40 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. b) Illumination of buildings by Externally Illuminated Signs: There shall be no illumination of buildings facing residentially zoned properties. The degree of illumination of buildings by Externally Illuminated Signs, where permitted, shall not be brighter than the standard for parking lot and grounds lighting. 4O Ordinance No. Page 41 b) c_)_Changeable Copy Signs: 1) Drive-through Restaurant: In addition to other permitted Signs, Drive- through restaurant establishments shall be permitted to have a Changeable Copy Sign showing menu or featured items, provided (i) it has a transparent protective locked cover; (ii) it is affixed to a wall of the establishment adjacent to the drive-in service window or located freestanding within and parallel to the drive-in lane area; (iii) Sign shall not exceed six feet in Sign Height or 32 square feet in Sign Area; (iv) a landscaped area of at least 100 square feet shall be located around the base of all such Signs. Additionally, whenever such Sign is visible from a right-of-way a tree shall also be required and located so as to screen the Sign from the right-of-way. 2) Theaters and playhouses: May be permitted one Sign in addition to those permitted by this Ordinance for the purpose of displaying Changeable Copy, with the approval of City Council. At no time shall the additional Changeable Copy Sign exceed 40 square feet in Sign Area for a single screen or stage theater. Multiple screen theaters may be permitted additional Sign Area, of 10 square feet per movie screen. Such Changeable Copy Sign shall contain only the title of the performance, the 41 Ordinance No. Page 42 MPAA rating, the hours of the performance, and the name of the production company or of the major star. d) Gasoline station canopies. A company logo not to exceed four square feet shall be permitted on each side of a gasoline station canopy. Wall Signs shall be prohibited on gasoline station canopies. e) Billboards. No portion of any Billboard that exists at the date of this Ordinance shall be located closer than ten feet to any right-of-way line. Additionally, a relocated Billboard shall be considered a new Billboard. c~)-f} Rear of Signs. Where the rear or side of any Sign is visible from any street or from any adjoining Residential Zoning District, such side or rear shall present a completely finished appearance as determined by the City Manager. (t)-,q} ,Nuisance and safety. 1) Illumination: No Externally or Internally Illuminated Sign shall cause an unreasonably excessive glare intensity in an adjacent residential district. 2) Sight visibility triangle: No Monument Sign shall be located within a 25- foot triangle at the intersection of two public streets (measured along the property or right-of-way line) unless it is 30 inches or less in height. h) Landscaping of Detached and Freestanding Signs. Unless otherwise provided in this Code, all Detached and Freestanding Signs shall be placed 42 Ordinance No. Page 43 in a planting bed with at least one hundred sixty square feet of planting surrounding the Sign on all sides. This bed shall contain shrubs, flowers or other ground cover, and shall be shown on a site plan or survey submitted for approval in conjunction with a sign permit application. i) Flags. 2) The number of flag poles which can be displayed at one time upon one site is as follows: · Residential - 1 pole per lot not to exceed a height of 35' · Nonresidential - 2 poles per lot not to exceed a height of 35' 3_)_ Flag size not to exceed 40 square feet. · -/ ,/ Exceptions to the type size of flag or number of poles may be granted by the City Manager only when it is determined that: a_)_ The flags have not yet been installed. b_)_ The flags are not to be utilized as prohibited Attention Getting Devices. d) The F a,qs are consistent with the purposes of this Ordinance. 43 Ordinance No. Page 44 5) Height of the flagpole shall be as measured from the crown of the road. Installation of a flagpole requires a building permit and shall not be located less than seven (7) feet from any public right-of-way line, or less than five (5) feet from any adjacent property line. 2)-6) Flag(s) shall be no larger than as permitted herein except on Federal, State and local governmental properties or on Federal legal holidays. Section 10. Permit requirements as condition precedent to the installation or alteration of Signs. aJ_Permit required. It shall be unlawful for any person to install, relocate, alter or cause to be installed, relocated or altered within the municipal limits of the City, any Sign without first having obtained a required permit from the City Manager. Said permits shall be issued only after a determination has been made of full compliance with all conditions of this Ordinance. No person shall install, relocate, alter or cause to be installed, relocated or altered, any Sign, other than Temporary Signs, unless the person is properly licensed to install, relocate, or alter Signs in Dade County. It shall be unlawful for any person to knowingly construct or cause to be constructed a Sign contrary to the regulations of this Ordinance. 44 Ordinance No. Page 45 bJ_Perrnit applications. Applications for permits required by this Ordinance shall be filed with the City Manager and shall contain the following information: 1) Name and address of owner of proposed Sign and/or authorized agent. 2) Type of Sign/or Sign structure with all relevant dimensions. 3) Location and legal description of premises upon which Sign is to be located. 4) ^ plan or design of the Sign, to scale, showing the square foot Sign Area and Sign Height of the Sign as well as the Sign face, height of letters, colors, materials, lighting, equipment, if any, and its position relative to the building and/or property line. 5) Value of the Sign. 6) Written permission to erect proposed Sign from owner and/or o~vners of property on which said Sign is to be erected. 7) Such other structural and technical information as may be required by either the Building Official or Community Development Director. c) Permit fees. Permit fees for the erection of Signs shall be collected in accordance with this Code. d) laermit issuance; labels to be affixed. If upon examination, City Manager or his/her designee determines that an application is in conformance with the provisions of this Ordinance, he/she shall cause a written permit to be issued 45 Ordinance No. Page 46 authorizing the installation of the Sign. With each permit the City Manager or his/her designee shall also cause a label to be issued bearing a unique identification number. This label shall theR-be affixed to the Sign by the permittee prior to final inspection by the Building Official, in a manner so that the label will be readily visible for inspection purposes. Absence of such a label upon any Sign constructed or installed shall be prima facie evidence of failure to meet the requirements of this Ordinance. e) Permit revocation. Permits issued under this Ordinance shall be valid for the life of the Sign approved. However, any permit may be revoked by the City Manager upon the determination that the Sign is not in full compliance with the provisions of this Ordinance. Further, if the Sign authorized by any permit has not been constructed within three months after the date of issuance of that permit, the permit shall automatically be revoked and a new permit required. f) Appeals of Administrative Decisions. Anyone appealing an administrative decision relating to a Sign application or the permitting process may appeal such decision to the City Council by filing a request with the City Clerk within 15 calendar days of the decision of the City Manager. The Clerk shall place such item on the next available City Council agenda. 46 Ordinance No. Page 47 g.)_ Variances. Anyone seeking a variance of the provisions of this Ordinance shall file such application with the City Manager. An application for variance shall be made pursuant to the City's procedure for requesting a zoning variance and shall be scheduled for a hearing by the City Council who shall grant or deny such variance using the followin,q criteria: -- . 1) Criteria. A Variance maV be ,qranted upon a showin,q by the applicant that the Si.qn Variance maintains the basic intent and purpose of these re.qulationst particularly as it affects the stability and appearance of the City and provided that the Variance will be otherwise compatible with the surroundin.q land uses and would not be detrimental to the community. No showin,q, of unnecessary hardship to the land is required. Section 11. Non-conformin~ Si_clns. All future changes to any Signs will require conformity to this Ordinance. a) Amortization of Sign Code Non.conformities. The following Non-conforming Signs that existed at the time this Ordinance became effective may be continued, although it does not conform to all the provisions hereof, provided that no structural alterations are made thereto and that all such Non-conforming Signs shall be completely removed from the premises or made to conform by May 1,2000: 47 Ordinance No. Page 48 1) Any Non-conforming Sign; 2) Those Signs that display services or products as opposed to the business name; 3) Nonresidential Monument Signs. b) Exception to amortization schedule. 1) The following Non-conforming Signs that existed at the time this Ordinance became effective may be continued, although it does not conform to all the provisions hereof, provided that no structural or text alterations are made thereto and that all such Non-conforming Signs shall be completely removed from the premises or made to conform by May 1, 2002. a_~ Channel letter signs that otherwise meet all requirements of this Ordinance provided that the size is not more than twice the square footage allowed by this Ordinance; 2) The following Non-conforming Signs that existed at the time this Ordinance became effective may be continued, although it does not conform to all the provisions hereof, provided that no structural or text alterations are made thereto: a) Monument signs located in residential districts. b) Residential, Hospital and Office Building Wall Signs; c__)_ Flagpoles that existed at the time of the adoption of this Ordinance. 48 Ordinance No. Page 49 3) Non-conforming Portable Signs, Banners, Flags, traffic hazard Signs, all paper window display Signs, and service station pump advertising and promotional Signs, shall be removed within three months of the effective date of this Ordinance. 2) -!,) All illegal Signs shall be removed immediately. c) Other termination of Non-conforming Signs. 1) By abandonment- Abandonment of a Non-conforming Sign shall terminate its Non-conforming status. ~ By damage or poor condition - The Non-conforming status of a Sign shall cease whenever the Sign is damaged beyond 50 percent as determined by the City Manager from any cause whatever, or to the extent the Sign becomes a hazard or danger. 3_~ Abandoned and damaged Signs, as described in this Ordinance, shall be removed by owners in accordance with the requirements of this Ordinance. d} Maintenance of Non-conforming Signs. Non-conforming Signs shall be maintained in a safe condition and may be repaired or otherwise maintained provided the Sign structure is not moved, altered or replaced; provided, however, that no repair or alteration shall be made unless first approved by the City Council, except when an emergency repair is needed for preservation of public safety, as 49 Ordinance No. Page 50 certified by the Building Official and City Manager. Unauthorized repair or alteration will result in the termination of Non-conforming status. f)-e) Non.conformities created by amendments to this Sign Ordinance. Any Sign which becomes Non-conforming as a result of any subsequent amendments to this Ordinance shall be completely removed from the premises, or altered to conform, not later than three years from the date such Sign becomes non-conforming. r,)~t) Re.qistration Required- All Non-conforming Signs that are not registered with the City Manager, pursuant to a form that he/she shall provide, within 90 days of the effective date of this Ordinance are illegal and shall be removed immediately and shall not be entitled to status as lawful non-conforminq Signs. Section 12. Si.qn maintenance. a) - 2) Maintenance. All Signs shall be maintained in a safe, presentable and good structural condition, which shall include the replacement of defective parts, repainting, cleaning and other acts required for the maintenance of the Sign. The area around the base of the Sign shall be kept free of weeds and debris. If a Sign does not comply with the above standards, the City Manager may require its removal in accordance with this Ordinance. 50 Ordinance No. Page 51 b) Dangerous or defective Signs. No person shall permit to be maintained on any premises owned or controlled by him/her, any Sign that is in a dangerous or defective condition~ Such Sign shall be removed or repaired by the owner of the Sign or the owner of the premises. Section 13. Removal of improper Signs. a) Removal. The City Manager shall cause the removal of any Sign in violation of this Ordinance in accordance with the procedures set forth in the City of Aventura Code Enforcement Ordinance or as otherwise outlined by law. b) Emergency. Notwithstanding the above, the City Manager may cause the immediate removal of any Sign that poses an immediate danger to the health, safety or welfare of the community. The City Manager may cause the Sign to be made safe as an alternative to removal. In either event, City personnel may enter onto premises, with or without the property owner's consent, for emergency repair or removal. c) Removal or repair costs. Costs incurred by the City in removal or repair of a Sign shall be charged to the real property owner on whose property the Sign is located. The City shall assess the entire cost of such demolition, removal or repair, WhiCh assessment shall include, but not be limited to, all administrative costs, postal expenses and newspaper publication costs. Such charge shall constitute 8 lien upon such property. The City Clerk shall file such lien in the County's official record book showing the nature of such lien, the amount thereof and an accurate legal dt~cription 51 Ordinance No. Page 52 of the property. No certificate of use and occupancy shall be approved for such a property until the full amount associated with the lien, or the full amount in the event no lien has yet been filed, has been paid to the City by the property owner. Section 14. Repeal of Conflictin,q Provisions. Pursuant to City Charter Section 8.03, the provisions of Sections 33-82 to 33-121.27 et seq. Of the Metropolitan Dade County Code are hereby repealed as they apply to the City. Section 15. Sever-ability. 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 18. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. 52 Ordinance No. Page 53 The foregoing Ordinance was offered by Councilmember who moved its adoption on first reading. This motion was seconded by Councilmember and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Councilmember Jay R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder The foregoing Ordinance was offered by Councilmember , who moved its adoption on second reading. This motion was seconded by Councilmember and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Councilmember Jay R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this day of PASSED AND ADOPTED on second reading this __ day of ,1997. ,1997. ARTHUR I. SNYDER, MAYOR 53 Ordinance No. Page 54 ATTEST: TERESA M. SMITH, CMC CITY~RK APPROVED AS TO LEGAL SUFFICIENCY: ~ITY ATTORNEY EMS/tms ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA PROVIDING FOR THE TERMINATION OF THE CITY OF AVENTURA PLANNING ADVISORY BOARD; PROVIDING FOR REPEAL OF ORDINANCE 96-33 WHICH CREATED THE CITY OF AVENTURA PLANNING ADVISORY BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to City Charter Section 3.11, the City Council is authorized to terminate such City boards as it may deem advisable; and WHEREAS, the City Council finds that it is advisable to terminate the City of Aventura Planning Advisory Board (the "Board"); and WHEREAS, the City Council desires to repeal Ordinance No. 96-33, as adopted on December 17, 1996, which provided for the creation of the Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AS FOLLOWS: Section 1. Termination of Board. The Board is hereby terminated. Section 2. Repeal. Ordinance No. 96-33, as adopted on December 17, 1996, which provided for the creation of the Board, is hereby repealed. 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 Ordinance No, 97- Page 2 but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. .Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Councilmember who moved its adoption on first reading. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: Councilmember Jay R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Arthur Berger Councilmember Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder The foregoing Ordinance was offered by Councilmember who moved its adoption on second reading. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: Councilmember Jay R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Arthur Berger Councilmember Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 3rd day of June, 1997. Ordinance No. 97- Page 3 PASSED AND ADOPTED on second reading this 1~t day of July, 1997. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC, CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY ROY J. BARQUET STEPHEN S. BOODEN NINA L. BONISKE DANIEL H. COULTOFF I. ROBERT ELIAS EDWARD G. GUEDES STEPHEN J. HELFMAN WEISS SEROT2k ~C HELFM2kN, ATTORNEYS AT LAW 2665 SOUTH BAYSHORE DRIVE SUITE 420 MIAMI~ FLORIDA 33133 TELEPHONE (305) 854-0500 TELECOPiER (305) 554-~3~3 May 22, 1997 BROWARD OFFICE 858 EAST LAS OLAS ~OULEVARD SUITE 710 FORT 1AUDERDALeI FLORIDA 3330I TELEPHONE {954) 753-~ 189 COUNSEL The Honorable Mayor Snyder and Members of the City Council City of Aventura 2999 Northeast 191st Street Suite 500 Aventura, Florida 33180 Re: Aut~orit~ to Prohibit or Requlate Live-Aboard Vessels Dear Mayor Snyder and Council Members: I. Request for Leqal Opinion. You have requested our legal opinion as to whether the City of Aventura (the "City") has the authority to prohibit or regulate the mooring or anchoring of live-aboard vessels within the City boundaries. II. Opinion. As explained below, it is our opinion that the City has the legal authority to enact and enforce regulations which prohibit or restrict the mooring or anchoring of live-aboard vessels within the City limits. III. Discussion. The City's authority to enact and enforce regulations which prohibit or restrict the mooring or anchoring of live-aboard vessels is recognized in Section 327.60, Fla. Stat., which provides as follows: ~ (2) Nothing contained in the provisions of this section shall be construed to prohibit local governmental authorities from the enactment or enforcement of regulations which prohibit or restrict the mooring or anchoring of floating structures or live-aboard vessels within their jurisdictions. However, local Mayor Snyder and Members of the City Council May 22, 1997 Page 2 governmental authorities are prohibited from regulating the anchorage of non-live-aboard vessels engaged in the exercise of rights of navigation. Section 327.02(16), Florida Statutes, defines a live-aboard vessel, as follows: (16) "Live-aboard vessel" means: (a) any vessel used solely as a residence; or (b) any vessel represented as a place of business, a professional or other commercial enterprise, or a legal residence. A commercial fishing boat is expressly excluded from the term live- aboard vessel. The above cited definition of live-aboard vessel must be utilized in any municipal regulation which seeks to implement the regulatory authority recognized in Section 327.60(2), Fla. Stat., in order to avoid any conflict with State law. Florida courts have upheld a municipality's authority to prohibit live-aboard vessels. In Dozier v. City of Miami, 639 So.2d 167 (Fla. 3d DCA 1994), the Third District Court of Appeal upheld a City of Miami ordinance prohibiting live-aboard vessels on a citywide basis. The Court found that the Miami ordinance was enacted for each of the following valid purposes: 1. To avoid potential hazards to navigation; 2. To reduce hazards to public health caused by waste water and other discharges from live-aboard vessels; 3. To prevent visual obstructions and the intrusions which live-aboard vessels represent and which interfere with the tranquility otherwise enjoyed by adjacent residential property. The Court upheld the Miami ordinance prohibiting live-aboard vessels upon finding that the ordinance had a substantial and rational relationship of serving the health, safety, and general welfare as to each of the purposes enumerated above. In accordance with Dozier, in the event that a prohibition upon the mooring or anchoring of live-aboard vessels is enacted within the City, those live-aboard vessels which are currently lawfully moored or anchored within the City must be treated as lawful non-conforming uses for zoning purposes. Such lawful non- conforming use status is subject to amortization and termination. WEISS SEI~OTA ~ I~ELI~I~AI~, P.A. Mayor Snyder and Members of the City Council May 22, 1997 Page 3 See Lewis v. City of Atlantic Beach, 467 So.2d 751, 754-755, (Fla. ?t DCA 1985) (non-conforming use may be eliminated by amortizationS. However, sanitary requirements, including utilization of marine sanitation devices, as well as safety and health standards, may be imposed upon existing live-aboard vessels. IV. Conclusion. Based upon the authority and analysis provided above, it is our opinion that the City possesses the legal authority to enact and enforce regulations which prohibit or restrict the mooring or anchoring of live-aboard vessels within the City~. Please advise us if you would like us to work with the City staff on preparing a proposed ordinance concerning the mooring or anchoring of live-aboard vessels for City Council consideration. Very truly yours, David M. Wolpin, Esquire DLW/djk 328001 cc: Mr. Eric M. Soroka, City Manager Jaye Epstein, Community Development Director Ms. Teresa M. Smith, CMC, City Clerk Richard Jay Weiss, Esquire ~Some cities prohibit mooring or anchoring of live-aboard vessels (Miami, Hallandale); while others restrict the practice (Hollywood). Pursuant to Sec. 7-31, et. seq. of the County Code, Dade County restricts mooring of vessels and requires secure moorings, primarily to avoid potential navigation hazards. Sec. 7- 31, serves as a minimum standard, but does not prohibit stricter municipal requirements. WEISS SEROT~% ~c I-IELFMAN, P.A. APPENDIX A--~'-ONINO AND LAND Ag. V, § 5 Sec. 3. Height exceptions. Height limitations indicated in the district regulations shall apply only to buildings and portions of buildlng0 designed for human occupancy or use. Steeples. flag poles, elevator penthouses, air-conditioning units, television or radio antennas, other mechanical or functional features may ozco©cI, thc district hci&lJL ru~lulrmilefl~s ~r being approved by the director prior to installations. Sec. 4. Model dwelling unita. In any residential district, a developer may operat~ a dwelling as a model and may establish a sales ,office La a model, All mo~lel dwcliin~ un/t~ a~d sales office elmll meet all district requirements and be subject t~ tho follov~in~ additional restrictions: (1) Model dwelling unit~ shall not be used for a period lonKer than one (1) year; l~rOVided, however, the director may grant an extension for a period not to exceed an additional year from the datb the certificate of occupancy is issued for the model dwelling unit use as ouch. · (2) At least five (5) off-street parking spaces shall be provided on the same lot as the model dwellin~ unit or on contiguous lots, and shall be maintained as long as the model dwelling unit is U0ed as such. Sec. 5. Boats, decks and piers. Dockago space and facilities for mooring and storing pleasure beats, yachts, and noncommercial watercraft shall be permitted in any residential district on any waterway aa an accessory use. (1) No boat or voisel may be used or mAi,~tained for overnight sleeping or living pUrPOses or as a place of reside~co. (2) 0~/ lots that are moro than forty (40) foot in width, as measurod at the waterway line, the following requirements and regulations shall be followed: 8upp, No. 12 2555 ZONING § 941 (e) Atraffic plan must be presented for approval show/ng that vehicular traffic flows are neither disturbe~ nor impeded; the machine must be safely accessible for pedestrians. (f) The machine must meet all other code requirements, includ~n~ applying for a building permit and submitting structural and electrical plans. 940.2. Limitations on aluminum recycling marhines within PR district~. Operation of al~r.l.um recycling machines in PR districts sh~ll require a Class I Special Permit renewable every three (3) years by a review upon the anniversary of issuance subject to tJae requirements ~.nd limitations in section 940.1 above_ (Ord, No, 10878, § 1, 4-25-91; Ord. No. 10976, § 1, 4-20-92) Sec. 941. Occupancy of private pleasure craft as living quarters in residential dis- tricts and housebarge exception. Occupancy of private pleature crai~ a~ living quoters ia prohibit~l i~ all residential districts (i.e., R-l, R-2, R-3 and R-4) in the city, and on the Little River Canal, except for a ma-lmum of eleven (11) such vessels a. nd thei~ slips located on the Miami River (only) hated in Attachment .% Ordinance No. 10932, adopted October 24, 1991, which shall be collectively grandfathered in a~ IZonconforming uses and stlmct'uree purs~ssn~; ~ article 11 o~ Zoning dinance No. 11000 (1991). Housebarges are prohibited in the Ci%y of Mi~ml except for a maximum of thirty-sight (38) houseb~rg ,e~ and *_~m~r slips located on the Miami River (only) as of July 25, 1991, listed on A~chmen~ A of Ol~;~illance Ho, 10932, which are permitted ~nd collectively ~andfathered in as nonconforming u~es and structures pu_~uant ~o article 11 of Zoning Ordinance No. 11000 (1991), au]~ject to the following conditions: ' ' · t. Tl~e owner of ear~ said private pleasUre cral~ or housebarge is to apply for an ~nnual ~essory certifcat~ of use prior ~o December of each yea~, said application shall include information o~ ~idth and ]enff& both at the w~-~line a~l o~erall, height a~ave the war,line, draft and a l~aiion sketr~ which adequately depicts the private pl~su~ cra~ or hou~ebar~, i~s alip, pr~pert~ lines (axte~d~l), th~ e~tent ef fsirway, a~d th~ t~pla~d l~t or panel, zo~i~_~ ¢la~si~cation of the upland parcel and the number ef dw~lli-~ units on ~ up!~d parcel, ~ parlrln~ spaces and evidence of a~-eemen~ f~r us~ by the uplimd property ~w~ter. 2. The pl--~i~, building and zo~i~ department shall maintein/~n inwntoi'y of said private pleasure ~ra~t, hou~bar~ee and slips and co,duct insp~-ti~ ~nusil~ me~cing Januar~ ~ of each year hsr~ai~er. 3. Buildi~ il~pectm~ will in~p~ said private ple~tre cratt and hou~ba~e~ ~n~ll¥ for plmnbin~0 ~-mctural and ele~rical provisio~s reasonable £o~ the ~-~ w~d or metal structure involved insofar a~ p~s~ihle and, if appropriate, issue said aece.~or~ certificate of ~se. Private plaa~tr~ crat~ and honseba~es ~ll ~ appli~able._~"~, . ..~ ita~r and. safety stSlld~; sapiens 50-67, 50'~ alld 50*69 of tbs City ;Cade, an~t one -, § 941 MIAMI, FLORIDA (1) twenty-five-gallon garBa~ trash receptacle/s req~dre~ for each s~id privaf~ plea- sure cra/~ or houseba~e hi addition t~ the provisi~n and us~ cf ~e2~tlar garbage pickup. 4. The applic~Ut is t~ oBt~/n ~ud show evidence ~f an 'FL" re~trat/on numhar which shall Be entered on tJle inventory and the annual accessory certificate of use or the appl/cant shall ~--u~ly p~esent ev/dence of payment of an ad valorem pers~n~ property tax hi order t~ receive the cari~ficate. 5. Certificate ~h~l] Be t/e~ to/n~vidual private pleast~e cra/t and houseb~.r~es but they can Be moved to other legal locatio~ on the ~iami lq/var; the sl/p hi/t/ally occupied by each s~/d private pleasure crai~ or houseb~rge, as listed on Attachment A, Ordin~ce N'o~ 10932, may cent/hue to be used by sa/d private pleam~re crm'~ or housebaxge or, in the alternat/¥e, may Be used by other private pleasure cra/~ or housebar~es, ~ubject to 2,~u~l hispection and.issuance of an accessory certificate of use; previded fu--~er that the use cf any si/p, 1/sted hi Atto~hment A, Or~i~--ce No. 10932 by any private pleasure cra/t or housebarge [isted inAttaehment A, Or~/nance lqo. 10932 ~h~H cease, and is prohibited, foliowing a cha~e of ownemhip of the upland property which abutS sa/d private pleasure ~rat~ or housebarge, ant1 ~ prov/sions of tills paragraph be repeated in the ~ual accessory cartificat~ of use,/ssued ~ the appllcan~, with a c~py to the owner of the upland property. 6. If sa/d private pleasure craft or housebar~e/~ c/t~/for code violations ~r is or ,,~l~ept t~te owner w/Il be brought bcfore the code enforcement boal~ If the hou~e- B~rge er privat~ pleasure cral~ is uuseaworthF or a public nuisance, the ~w~r is responsible for r~.m~u~ s~/d darei/c~ frmn the city l/mite. 7. Ex .c~pt for R-l, the ~id pr/rate pleasm'e cral~ or Beuseba~= cu~t~ as one ~1) dweH- in~ ~t~/t aE~in,t the nutone cf dw~,11~ un/ts par~/'c'a~ an the upland 8. (a) 'l~rivatepleasurocrs-~andhou~bar~sshalln~td°ck'm°°ror*~h"rinthec/ty ~n such a way ss te reduce the navigable ¢~,~nel of a watarway ce.~traliy ~With re, pet% to the theoretical ~ (or the ~ of the imp~ved ~h~al on the M.i~ml River) to a width less than the following:. Waterway Mi~w~i River Se~Beld Canal S~uth Fork I~-~i No~ F~ M;~ V~thi- city limits (wes~ of 42 Avenue) 25 (b) a/o~' sec~oas of wat~rwa~m or ~..I. less th.. eish~-five (8.5) fee~ in width, rat%ia~ or double fi3e d~k-ooe or moorage of private pleasure craft or housebar~e8 shall be proh/bifed. 9, (a) In all residential, co,----.rcial and industrial districts, the dockage or moorage of said private pleasure craft or housebar~e sh~]! ~ot ex~end over side property lines or ~ide lm'~porty Line~ extended. (Or~ ~o. 10932, § 1, 10-2~-91) ~ ~ Coatainer ~ (a) (c) AIl ~-ane a p-m, (d) number ofc~n~;,,.~ that ma~ proposal t~ the followl./~:. ,h*ll be n~luir~ ration of the aubjeet use (Ch~L No. 11268, he 8:00 ~m. a~d 6:00 ~-~ be ~iv-,, in the review oF each vibrat~ma; stz~ capably and mane~ver- ""4 a~ie meam~' .~ effects brau~t ~,~: by ~he implemen- It ia the ~nersl intent of the~e 391 Marine and Water~ay Regulations; Boats and Other- Vessels 57 (2) Any city oWned or authorized vessel being used for other legitimate governmental purposes, subject to City Commission approval; and (3) Any other government owned or authoriz~l vessels being-~'4 for other legitimate governmental purposes, subject to City Co,~,-ission ~pproval ond the exe~atlon of an ~ev-,,ptable l~terlocal Agreement. (Ord. 04%30, passed - - ; Am. Ord. 04742, passed ; Am. Ord. O-88-55, passefl 9-22-8g; Am. Ord. 0-90-38, passed 9-26-90; Am. Ord. 0-95-76. passed 12-20-95) Petmlty, se~ § 98.999(A) § 98.013 LIVE A~OARD VES$]~LS. (A) h ,.~.~1! be unlawful to live aboard a~y type of watercraft within' the city limits, unless the vessel is corme~tc,;1 to a United St. at~ Co~st Guard approved marine sanitation device. Every v~sel owner, operator and ocmapam shall comply with all appligablc United States Coast Guard regulations, including those partying to maline sanitation devices, and With all applicable regulations of the U~ted States Envi.ronme. mal Protorxion Agency, or any other ag,e,_x~y having jurisdiction. City of Hollywood Maria; The Doct-,~ter is authorized lo permit a person or p~r~o~s to live aboard a vessel. doci:ed at the City of Holiywc~xl Marina, for a period of not more th~ 14 e~nsecutive ~ys a~d not for more tha~ 30 toial clays pot vad~mdax year. - Any vessel being so used shall comply with the Holiywood Marina Rules relative to the disposal of waste: ('72 Code, § 9-22) (Ord. 0-72-22, pesse~ 2-9-72; .a.m. Ord. 0-88-55, passed 9-22-88; A~_ Ord. O-95-76, passed 12-20-95) Penalty, sm § 98.999 DOCKS AND PIERS § 98.025 ~UBLErI'II~G BERTHS, No b~tth allotted under the terms of fl~is chapter shall be sublet by any oumer, cap~xin or opeaator without written anthoriry and permission of the City Dock~'~-~ter, ('72 Code, § 9-9) (Ord. 1326, pam~xl - - ; Am. Ord. 0-95-76, passed 12-20-95) Penalty, se~ § 98.999(B) § 95.026 STORAGE ON PlIERS AND DOCKS. Pier~ and docks shall not be used for storage other ~- Ibr boat a~'~-ssories which must be kept in let. kew provided for such purist, s. ('72 Code, § 9-10) (Ord. ?30, passed .~ ; Am. Ord. 1326, passed - - : Am. Ord. O-95-76, passed 12-20-95) penalty, see § 98.999(A) § 98.027 UNLEA~l~D DOGS. It shall bc unlawful for any person to allow any unleashed dogs upon any city pier or dock. ('72 Code, § 9-11) (Ord. 730. passed - - ; Am. Ord. 1326, passel - - ; Am. Ord. 0-95-76. passed 12-20-95) Penalty, s~ § 98.999(A) § 98.028 ALri'ItORITY OF DOCKIdA,W~R OVER VESSELS IN VIOLATION. (A) The City Doekn'~qer shall have the right to move any boat or vessel from im place of ~ ~ ~ f~iti~ wh~, ~ Ms op~on, it ~ n~ ~ o~ to mm~e ~, m mp~ ~e fl~ or ~ of a pr~ious ~ion, or for ~y o~ g~ ~ suffici~ ~n wjthln ~5 ~i~ ~ ~t fo~ ~ ~S ~apter. (B) In the event the owner or captain or any other person connected with ~e ~m or v~l, violates ~y of ~e pm~sio~ of ~s c~r or g~ly-c~ a nui~ ~ ~c ~oa or ~ion of ~e ~, · c D~kma~ sh~l, ~ to ~e Civ Co--sion, ~t su~ ~a or v~scl ~ o~ m d~, ~tly. ~e o~ or ~i~ of m~ ~at or ~ ~1 ~ ~o~ of such ~don by ~c ~k ~ ~d shal ~ve a l~t of e~.rg~, ~ ~t~g, u~ wMch ~ b~ ~e ~~ ~r ~v~. ~c o~er or ~ ~1 have ~e ~t m ~ ~m ~e Civ ~ Ci~ Commi~slon, (C) III the g'venI the City Gommi~-siOl~ autho~?~"x retoovzl of ~y ~ or v~sel by ~ ~olution. ~e o~er or ~ shall ~ ~fifl~ to · p~ r~ ~d of ~e ~I y~'s d~ka~ f~, to ~e of ~ r~lufion of ~v~, ~d f~ m able ~ such ~luti~ of mmovfl sh~l ~mtimm a t~p~s ~o~ble by ae Poli~ D~t of ~e ci~. ('72~e, t9-15) (~.730, pm~ - - ;~.O~. 1325, pms~ - - ;~. Ord. 1326, p~ - - ; ~. Ord. O-95-~6. p~ 12-20-95) P~. ~ t 98.~9 1996 S-15 BOATS. DOCKS AND WATERWAYS § 7-32 the second degree, punishable as provided in Sections 775.082, 775.083 or 775.084, Florida Statutes. (Ord. No. 89-30, § 1, 4-18-89) Sec. 7-27. Power and authority of County Manager. (a) The County Manager shall have the duty, power and authority to promulgate rules, regula- tions, and standards designed to reduce the speed of motorboats and eliminate the operation of motorboats in a reckless or unsafe manner in any waters lying within the boundaries of Dade County, except the Florida Intracoastal Waterway, in ac- cordance with the legislative intent of Section 7-24. (b) Rules, regulations and standards promul- gated by the County Manager pursuant to the mandate of this section, shall become effective upon approval by the Board of County Commis- sioners. (Ord. No. 74-15, § 4, 4-2-74; Ord. No. 83-113, § 1, 12-6-83) Not~--See the editar*s note following § 7-24. Sec. 7-28. Penalties for violation of Sections 7-24 through 7.27. A violation of any provision of Sections 7-24 through 7-27 may be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding sixty (60) days or both such fine and imprisonment. (Ord. No. 74-15, § 5, 4-2-74; Ord. No. 83-113, § 1, 12-6-83) Note--See the editor's note following § 7-24. Secs. 7-29, 7-30. Reserved. entire Biscayne Bay, Miami River and their trib- utaries in Dade County, Florida, whether within or without the limits of municipalities. The word "vessels" as used herein includes all craft, boats, ships, barges, and floating struc- tures. The standards for the mooring of vessels provided herein shall not pertain to emergencies, or during periods of hurricane watch and hurri- cane warning as designated by the United States Weather Bureau and a three-day period after the said hurricane watch or warning. (Ord. No. 65-52, § 1, 7-27-65; Ord. No. 70-38, § 1, 5-6-70; Ord. No. 79-28, § 1, 4-17-79) Sec. 7-32. Declaration of legislative intent. The Board finds and determines that the inse- cure and improper mooring of vessels in Biscayne Bay, the Miami River and their tributaries in- creases the danger of grounding and breaking loose of the said vessels and thereby endangers ARTICLE HI. DADE COUNTY VESSEL MOORING CODE DIVISION 1. IN GENERAL Sec. 7-31. Short title; definitions; scope. This article shall be known as the "Dade County Vessel Mooring Code" and shall apply to the Supp. No. 18 796.1 BOATS, DOCKS AND WATERWAYS § i-37 navigation, life and property; that insecurely and improperly moored vessels have broken loose in the past and damaged bridges, structures, and other valuable property; that scrap and derelict vessels occupy areas which could be developed as berths for economically active and attractive yes- sels; that scrap and derelict vessels moored or sunk in the Biscayne Bay, Miami River and their trib- utaries are unsightly, a danger to navigation, and a detriment to tourism and to property values; that the infestation of rats and the breeding of mosquitoes on derelict vessels moored upon Bis- cayne Bay, the Miami River and their tributaries constitute dangers to public health, and that der- elict or sunken vessels often constitute attractive nuisances that endanger the lives and safety of children. The Board hereby declares its intention that the provisions of this article are not intended and should not be construed as in any way super- seding or attempting to conflic~ with applicable statutes, ordinances, rules or regulations of the federal government or of the State of Florida but are intended to supplement any such enactments or provisions. Howeve~ this Code shall serve as a~ minimum standard for ~municipalities .within . --Dade C~Unty regarcl~ the su~oject matter herein. ,Ord. No. 65-52, § 2,' 7:27-65;,OrB. No. 70-38, § 1, 5-6-70; Ord. No. 79-28, § 2, 4-17.79) Sec. 7-33. Mooring to bank except where b,,ll~head prohibited. No vessel shall be moored to the bank or shore unless the major portion of the moored vessel lies adjacent to a bulkhead, seawall, dock or pier, or the natural condition of the bank is solid and com- parable to concrete b,l~heading, and the depth of the water at mean Iow water along the entire length of the vessel is equal to the draft of the vessel. (Ord. No. 65-52, § 3, 7-27-65; Ord. No. 70-38, § 1, 5-6-7O) Sec. 7-34. Moorlngtobitts, cleats, bollards or pilings required. Ail moored vessels shall be secured by attach- ment to bitts, cleats, bo/lards or pilings of suffi- cient strength to clinch them to the adjacent bulk- head, seawall, dock or pier. No vessels shah be moored to trees, shrubs, houses or other struc- tures on shore, or to bridges, bridge approaches, bridge fenders, or piles driven or placed for the protection of bridges or their approaches. (Ord. No. 65-52, § 4, 7-27-65; Ord. No. 70-38, § 1, 5-6-70) Sec. 7-35. Nesting or rafting of vessels pro- hibited in certain circumstances. The installation of pilings or the nesting or rafting of vessels in such manner as encroaches on the navigable channel of the river as defined by the U.S. Army Corps of Engineers, or creates a hazard to river navigation, shall be unlawful. (Ord. No: 70-38, § 2, 5-6-70; Ord.-No. 86-62, § 1, 9-16-86) Sec. 7-36. Adequate mooring lines required. Vessels o£ fifty (50) or more feet in length shall be moored by at least four (4) strong lines ~vith each line having no less strength tha~ a manila line three (3) inches in circumference and retaining seventy-five (75) percent of its original tensile strength. One (1) of such four (4) lines shall be a bow line, one (1) shall be a stern line, and two (2) shall be an amidship lines. Vessels of between twenty-five (25) and fifty (50) feet in length shah be moored by at least three (3) strong lines w/th each line having no less Strength than a manila 1/ne three (3) inches in circurrfference and retaining seventy-five (75) percent of its original tensile strength. One (1) of such lines shall be a bow line, one (1) shall be a stern line, and one (1) shall be an amidship line. Vessels of less than twenty-five (25) feet in length shall be moored by at least two (2) strong lines, one (1) fore and one (1) aft, with each line having no less strength than a manila line two (2) inches in circumference and retaining seventy-five (75) percent of its original tensile strength. (Ord. No. 65-52, § 5, 7.27-65; Ord. No. 70-38, § 2, 5-6-7O) Sec. 7-37. Abandonment of vessels. It shah be unlawful to abandon or sink a vessel or to permit a vessel to remain sunk for more than seven (7) days. (Ord. No. 65-52, § 6, 7-27-65; Ord. No. 70-38, § 2, 5-6-70) 797 § 7-38 DADE COUNTY CODE Sec. %38. Water in bilges. Not more thou one (1) foot of water shall be permitted to remain in the bilges of any vessel for a period of more than one (1) week. The measure- ment to determine the depth of water in the bilges shall be at any point along the length of the vessel, but only at points one-half the distance from the amidship line to the outboard edge of the hull or hulls measured along the horizontal plane of the main deck. (Ord. No. 65-52, § 7, 7-27-65; Ord. No. 70-38, § 2, 5.6-7O) Sec. 7-39. Safety ig~pections; qualified. No officer shall board any vessel to m~ke a safety inspection if the owner or operator is not aboard. When the owner or operator is aboard an officer may board a vessel with consent or when he has probable cause or knowledge to believe that a violation of a provision of this article has occurred or is occurring. (Ord. No. 70-38, § 3, 5-6-70) Sec. 7-40. Penalties for violation of article provisions. Any person having control of a vessel in viola- tion of the terms of this article, or owning or con- trolling the land to which such a vessel is moored, or who causes or permits such a vessel to violate any provision cf this article or who permits a vessel offending against the terms of this article to be moored to his land, shall be guilty of a violation of this article and upon conviction therefor shall be punished by a fine not to exceed two hundred fifty dollars ($250.00) or imprisonment in the County Jail not to exceed thirty (30) days or by both such f-me and imprisonment, in the discretion of the court of appropriate jurisdiction. Prosecutions for the violation of this article shall only be in the court of appropriate jurisdiction. It shall, how- ever, be the duty of ail municipal police officers within the boundaries of Dade County as well as the duty of the police officers of Dade County to enforce the penal provisions of this article. (Ord. No. 65-52, § 13, 7-27-65; Ord. No. 70-38, § 3, 5.6-70) Sees. 7.41--7-44. Reserved. DMSION 2. VESSELS CONSTITUTING NUISANCES Sec. 7-45. Offending vessels declared nui- Vessels in violation of Sections 7-33 through %37 of this article are hereby declared to en- danger public health, safety and welfare and to be public nuisances. (Ord. No. 65-52, § 8, 7.27-65) Sec. 7-46. Notice. If the County Manager finds and determines that a vessel constituting a public nuisance is moored to or located upon land abutting Biscayne Bay, the Miami River or their tributaries, he shall so notify the record owner of the offending vessel or his lawful agent and the record owner of the said abutting land, or only the latter if the record owner of the offending vessel or his lawful ~g~nt cannot be ascertained, in writing and demand ttmt such owners cause the condition to be remedied. The notices shall be given by registered mail, ad- dressed to the owner or owners of the property described, as their names and addresses are known to the Manager or are shown upon the records of the County Property Appraiser or the public records of Dade County, Florida, and shall be deemed complete and sufficient when so addressed and deposited in the United States mail with proper postage prepaid. In the event that such notices are returned by postal authorities the Man- ager shall cause a copy of the notices to be served by a law enforcement officer upon the owner of the offending vessel or his lawful agent and upon the occupant of the loud, the owner, or upon any agent of the owner thereof. In the event that per- sonal service upon the owner of the offending vessel or his lawful agent or upon the occupant of the land, the owner, or upon any agent of the owner thereof cannot be performed after reason- able search by a law enforcement officer the no- tices shall be accomplished by physical posting on the said property. 798 BOATS, DOCKS AND WATERWAYS § 7-47 The notices shall be in substantially the fol- lowing form: NOTICE OF PUBLIC NUISANCE (VESSEl, ) Name of Owner of Veseel or his Lawful Agent Address of Owner of Vessel or his Lawful Agent Our records indicate that you are the owner(s) or lawful agent of the owner of the following vessel in Dade County, Fior~da: .(desc~'oe vessel) An ~nspection of this vessel and its surrounds discloses, and I have found and determined, that a public nuisance exists thereon so as to consti- tute a violation of the Dade County Vessel Mooring Code in that: (describe here the condition which places the vessel in violation) You are hereby notified that unless the condi- tion above described is remedied so as to make it nonviolative of the Dade County Vessel Mooring Code within twenty (20) days from the date hereof, Dade County will proceed to remedy this condition and the cost of the work, including advertising costs and other expenses, will be imposed as a lien on the vessel if not otherwise paid within thirty (30) days after receipt of b~lling. DADE COUNTY, FLORIDA By: County Manager NOTICE OF PUBLIC NUISANCE (VESSEL ) Name of Owner of Land or his Lawful Agent Address of Owner of Land or his Lawful Agent Our records indicate that you are the owner(s) or lawful agent of the owner of the following land in Dade County, Florida: (describe property) An inspection of this land discloses, and I have found and determined, that a public nuisance exists thereon so as to constitute a violation of the Dade County Vessel Mooring Code in that: (describe here the condition which places the property in violation) You are hereby notified that unless the condi- tion above described is remedied so as to make it nonviolative of the Dade County Vessel Mooring Code within twenty (20) days from the date hereof, Dade County will proceed to remedy this condition and the cost of the work, including advertising costs and other expenses, will be imposed as a lien on the land if not otherwise paid within thirty (30) days after receipt of billing. DADE COUNTY, FLORIDA By: County Manager (Ord. No. 65-52, § 9, 7-27-65; Ord. No. 76-61, § 1, 7-6-76; Ord. No. 79-28, § 3, 4-17-79) Sec. 7-47. Hearing. Within twenty (20) days after the mailing of notice to him, the owner of the vessel may make written request to the Board of County Commis- stoners for a hearing before that body to show that the condition alleged in the notice does not exist or that such condition does not constitute a public nuisance. At the hearing the County and the vessel owner may introduce such evidence as is deemed necessary. Within twenty (20) days after the mailing of notice to him, the owner of the land may make written request to the Board of County Commis- stoners for a hearing before that body to show: (1) That the eendition alleged in the notice does not exist, (2) That such condition does not constitute a public nuisance, or 799 § 7-47 DADE COUNTY CODE (3) That the vessel moored beside or tangen- tial to the owner's land was moored or po- sitioned there without the said land own- er's consent, and that the said land owner receives no rental or other similar benefit from the owner ~of the vessel or his agent. At the hearing the County and the land owner may introduce such evidence as is deemed neces- sary. (Ord. No. 65-52, § 10, 7-27-65; Ord. No. 76-61, § 2, 7-6-76) Sec. 7-48. Condition may be remedied by County. If within twenty (20) days after the mailing or posting of the notices no hearing has been re- quested and the condition described in the notice has not been remedied, the County Manager shall cause the condition to be remedied by Dade County at the expense of either vessel owner or the land owner or both of these property owners, jointly or severally, if a hearing has been held and has been concluded adversely to either or both of these prop- erty owners, the County Manager may cause the condition to be remedied by Dade County at the expense of either or both of these property owners unless the Commission directs otherwise. Actions taken by the County Manager to remedy the said condition may include but are not limited to pumping out vessels, providing lines for vessels, installing cleats, bitts, bo[lards or pilings ade- quate to keep vessels securely moored, and re- moving and destroying vessels abandoned or left in a derelict condition and having only nominal or j,.k value. Persons designated by the Manager to remedy the said conditions are hereby expressly authorized to enter upon the said property de- scribed in the notices set out in Section 7-46 above. Upon ordering a condition to be remedied by the County, the County Manager shall cause to be recorded in the public records a notice of vessel mooring lien pending, which shall include a de- scription of the vessel and land involved and a statement that the mooring of a vessel or its de- struction in accordance with ~hi~ article has been ordered, the cost of which shall under this article constitute a lien. The said notice of vessel mooring lien pending shall, twelve (12) months after the date thereof be null and void and constitute no record notice of a pending lien. After remedying the nuisance, the County Manager shall certify to the Director of Finance the expenses incurred in effecting the proper vessel mooring or destruc- tion, and shall include a copy of the notice de- scribed in the preceding sentence, whereupon such expense shall become payable within thirty (30) days, after which a special assessment lien and charge will be made upon the vessel or land or both, together with costs of recordation of all doc- uments required to be recorded hereby and with interest at the rate of six (6) percent per annum from the date of such certification until paid; pro- vided however, that the said lien may be satisfied at any time by the payment of the entire sum due plus accrued interest, recordation costs, and such expenses and penalties as may result from the advertisement and sale of certificates for delin- quent [lens as hereinafter set out. The Director of Finance shall file for record a notice of [len per- raining to such lien in the office of the Clerk of the Circuit Court, and shall keep complete records relating to the amount payable thereon. The amount Of liens accruing during any year ending on June first shall be billed and mailed in the fall of the same year to the owners of the vessel, the land, or both of these properties subject to such [lens at the same time as tax statements for ad valorem taxes are mailed, and if the said amount shall not be paid on or before April first of the following year, the lien shall be delinquent, overdue, and in default, and the entire amount of the lien shall be collected in the same manner as delinquent taxes by advertisement and sale of cer- tificates. Upon full payments of [lens provided hereby or sale certificates resulting therefrom, the Director of Finance shall, by appropriate means, evidence the satisfaction .and cancellation of such lien upon the public records. The cost of recorda- tion of the notice of vessel mooring lien pending, the notice of lien, and the satisfaction of lien shall be secured by the [len hereby provided. (Ord. No. 65-52, § 11, 7-27-65; Ord. No. 76-61, § 3, 7.6-76) Sec. 7-49. Right of action to collect costs. If the costs of remedying the condition consti- tuting a nuisance shall not be paid when due and payable, as provided in Section 7-48, the said land 800 BOATS, DOCKS AND WATERWAYS § 7-57 owner or owners and also the owner or owners of the offending vessel constituting a nuisance shall be liable to Dade County for the said costs and Dade County shall have a right of civil action against either the said land owners or said vessel owners or against.both of them. This remedy shall be cumulative and in addition to other remedies elsewhere provided. (Ord. No. 65-52, § 12, 7-27-65; Ord. No. 76-61, § 4, 7-6-76) Secs. 7.50-7-54. Reserved. ARTICLE IV. BARGES* Sec. %55. Definitions. Miami Harbor. For purposes of this article, the term "Miami Harbor" shall include all navigable waters within the confines of Dade County. Storm warning. [A "storm warning" is] a warning issued by the U.S. Weather Bureau that one (1) or more of the following dangerous weather conditions are expected in a specified coastal area in twenty-four (24) hours or less: (a) Tropical storm. A tropical cyclone with closed isobars and highest wind speeds of thirty-four (34) to sixty-three (63) knots (thirty-nine (39) to seventy-three (73) mph) inclusive. (b) Whole gale. Winds in the range of fifty.five (55) to seventy-three (73) miles per hour (forty-eight (48) to sixty-three (63) knots). Hurricane warnings. IA "hurricane warning" is} a warning issued by the U.S. Weather Bureau that one (1) or more of the following dangerous effects of a hurricane are expected in a specified coastal area in twenty-four (24) hours or less: (a) Hurricane £orce winds (seventy-four (74) miles per hour or higher). (b) Dangerously high water or a combination of dangerously high water and exception- *EdltoFs note--Artic]e IV. §§ 7.55-7-60, is derived from Ord. No. 97-51, §§ 1-6, adopted July 25, 1967. effective thirty (30) day~ afmr enactment. Section 8 of said ordinance autho- riced its inclusion as a part of this Code. ally high waves, even though winds ex- pected may be less than hurricane force. Barges. IA "barge" is] any vessel without sail or internal motive power of its own intended to be utilized by being towed by another vessel. Undocumented barge. [An "undocumented barge" is] any barge which is not required to have, and does not have, a valid marine document is- sued by the U.S. Coast Guard or Bureau of Cns- toms. Open water. ["Open water" is] all navigable water in Dade County not protected from wind and wave action on all points of the compass, in- cluding all of Biscayne Bay except sheltered coves. Sheltered waters. ["Sheltered waters" are] all navigable waters in Dade County protected from wind and wave action on all sides including the upper reaches of the Miami River and excluding all of Biscayne Bay except sheltered coves. Safe anchorage. ["Safe anchorage" is] a place for anchorage or mooring that is sheltered from the action of wind and wave, and provides ade- quate holding power for anchors or mooring lines utilized. (Ord. No~ 67-51, § 1, 7-25-67) Sec. 7-56. Penalties for violation of article. Any person, including specifically but not lira- ired to, the officers and managing agents of any entity, agency or corporation, private or public, who knowingly fails or refuses to obey or comply with, or wilfully violates, any of the provisions of this article, upon conviction of such offense, shall be punished by a fine not to exceed five hundred dollars ($500.00), or by imprisonment not to ex- ceed sixty (60) days in the County Jail, or both, in the discretion of the court. Each day of continued violation shall be considered as a separate of- lense. In addition or alternatively by direction of the County Commission, the provisions of this ar- ticle may be enforced by injunction or other ap- propriate civil action. (Ord. No. 67-51, § 4, 7-25-67) Sec. %57. Administration by Dade County Seaport Dir.ector. The Dade County Seaport Director is hereby designated as the County's chief administrative 801 May-20-g7 1] :46A ACS Southeast Region 305 g94 7457 May 20, 1997 Vice-Mayer Arthur 8ergot City of Aventura Government Center 2999 NE 191 Street Suite 300 Aventura, FL 33180 Dear Vice-Mayor 8ergot: On behalf of the Tobacco-Free Dads Coalition, I am writing to confirm our sttendanc~ at the June 3 Aventura City Council Meeting to present the c£ty with a plaque in appreciation of their resolution t~ repeal preemption ~rom the Florida Clean In4ooc Air Act. It is my understanding that the masting begins at ? p.m. at Aventura Hospital. I have asked our repre~entative~ to arrive at least by 6:45 p.m. Darlene French-white, Safe & Drugfree Schools Coordinator for Dads County Public sohoole, and chal~&n o~ the Tobacco-Free Dads Coalition, will conduct the actual presentation cn behalf of the Coalition. So far, other Coalition representatives that will attend are as follows= · Oarla Worle¥, Advocacy Coordinator for the Tobacco-Free Florida Coalition of Dads, Broward and Monroe Countie~ (will take pictures) · Dr. Michelle ~douard, Dads County Mealth Department · Andy Cuddihy, Director o~ Tobacco Prevention and Control, American Lung A~a0ciation Og $ou~h Florida · Dottle Powers, Program Specialist, or Alicia Lund, Marketing Director, American Heart Association (one o~ %he two of thee will be there) wall ~e there as well) · Rita Zemlock, GASP of Miami Please let me know where we are on the agenda, and if it is appropriate to Thank you. Sincerely, Darla L. Worley Advocacy Coordinator Toba¢:co-Froc Florida (d:oatitio~l 3901 5.1 W, 79th Avt~ntsc, Suite 224 o Miarx~i, FI. 33]66 Phone: (305) 59~-4363 * Fax: (305) 994 7457 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 Sooide Williams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Daily Business Review f/Ida Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dada County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF AVENTURA NOTICE OF PUBLIC HEARING JUNE 3, 1997 APPLICATION NO.: 01-MRC-96 in the XXXXX ......................................... Court, was ubllshed in ssi ® aper in the issues cf ~y 12, ~ Affiant further says that the said Miami Dally Business Review Is a newspaper published at Miami In said Dada County, Florida, and that the said newspaper has heretofore been continuously published In said Dada County, Flodds, 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 Dada County, Florida, for a period of one ext preceding the first publication of the attached cop vertlsement; and affiant further says that she has riel id nor promised any person, firm or corporation an unt, rebate, commission or refund for the purpose of ng this advertisement for publication In the said 12 Sw~end subscribed before me t~7 ...... day of ........................ , A.D, 19 ...... SOOkl® Williams p~rs~*~i'_ y kn_~/~0~i~RYL H MARMER / OP~'O ,APR, 12,2000 CITY OF AVENTURA NOTICE OF PUBLIC HEARING DATE AND TIME OF PUBLIC HEARING: Tuesday, June 3, 1997 6:00 pm APPLICANT NAME: Trafalgar Associates of Aventura, Ltd. ApPL4CANT REQUEST: The applicant is requestin~a medification of a previous agreement to permit a reduction of the conservation area in order to increase open space of residential area. APPLICATION NUMBER: 01-MRC-96 LOCATION OF SUBJECT PROPERTY: lying between NE 30 Ave- nue and NE 34 Avenue between NE 207 Street and NE 213 Street LEGAL DESCRIPTION: Lengthy Legal - You may contact the Community Development Department for the complete legal dsscflp- SIZE OF SUBJECT PROPERTY: 97.14 acres Plans are on file and may be examined during regular business houm in the City of Aventura, Community Development Depart- rnent, 2999 NE 191 Street. Suite 500, Aventura, Florida, 33180. · Plans may be modified at or before the Public Hearing. The Public Headng will be held at Columbia Aventura Medfeat Arts Building, 21110 Biscayne Boulevard; Suite 101. Aventura, Florida, 33180. Your comments may be made in person at the bea~ing or flied in writing pdor to the hearing date. It is recommended that same be maiiod at least three (3) days (excluding Saturdays; Sundays and Holi- days) before the hearing date. Refer to applisent/pmperty on corm- spondense and mail same to City of Aventura, Community Develop- merit Department, 2999 NE 191 S~raet, Suite 500, Aventura, Florida 33180: For fudh~r irdormation, please call (305) ,~66-8940: Please ad- vise others interested. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the City Clerk, 466-8901, not later than two business days prior !o 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 healing, 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. PLEASE NOTE THAT THE APPLICATION MAY CHANGE - DURING THE HEARING PROCESS. Teresa M. Smith, C.M.C., City Clerk 5/12 97-3-051209M PUBLISHED DALLY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF DADE TheMiami Herald PublishingCompany Before the undersigned authority pemonally appeared: ROSEMARY PINO who on oath says that he/she is" CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at Miami in Dade County, Florida; that the attached copy of advertisement was published in said newspaper in the issues off Affiant further says that the said The Miami Herald is a newspaper published at Miami, in the said Dade County, Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspapers(s). to and st~bscribed befo~"~is DAY OF ,1997 One Herald Plaza, Miami, Florida 33132d693 (305) 350-2111 CITY OF AVEHTURA NOTICE OF PUBLIC HEARING Date andTime of Public Hearing: Tuesday, June 3, 1997 · 6:00 pm Applicant Name: Trafalgar Associates of Aventura, Ltd. Applicant Request: The applicant is requesting a modification of a previous agreement to permit a reduction of the conservation area in order to increase open space of residential area. Application Number: 01-MRC-96 Location' Of Subject property: Lying between NE 30 Avenue and NE 34 Avenue be{ween NE 207 Street and NE 213 Street Legal Description: Lengthy Legal - You may contact the Community Development Department for the complete legal deSCription. Size of Subject Property: 97.14 acres Plans are on file and may be examined during regular business hours in the City of ~Av. entura, Community D.e.velopment Department, 2999 NE 191 Street, Suite 500, Aventura, Florida, 33180. Plans may be modified at or before the Public Hearing. 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 three 3 da s ~'(excluding Saturdays, ~un(~ays ana ~o,uu.y~j . .. hearin~)dat~ Refer to applicant/property on corresponclence anct ma, me to Ci ,of Aventura, Community Develo. pment Department, 2999 sa ty ...... -.--.-.-~ =,,,,,,~a 33180. For further NE 191 Street, ~ul~e :~uu, ~w. Lu,o, -,,.-.- , information, please call [305) 466-8940. Please advise others interested. in accordance with the AmeriCans with' Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this procccding 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 ne~l a record of the proceedings and, for such purpose, may need to ensure that verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. PLEASE NOTETHATTHE APPLICATION MAY CHANGE DURINGTHE HEARING PROCESS. Teresa M. Smith C.M.C., City Clerk ...... .. 0r~,08/.07.? .......... ,' PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF DADE TheMiami Herald Pub]isNngCompany Before the undersigned authority personally appeared: ROSEMARY PINO who on oath says that he/she is" CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper punished at Miami in Dade County, Florida; that the attached copy of advertisement was published in said newspaper in the issues of: Affiant further says that the said The Miami Herald is a newspaper published at Miami, in the said Dade County, Florida and that the said newspaper has heretofore been cuntinuousiy published in said Dade County, Florida each day and has been entered as second clazs mail 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 he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspapers(s). DAY OF My Commission Expires: October 17, 1997 //~ .~,////(../g~Virginia J. G.~llon ,1997 NOTARY pt, m;~c grATE O~ FLOReAl co. loN, o, cc3z a I -VOne t Ierald Plaza, Miami, Florida 33 I32 1693 (305) 350-2111 CITY OF AVENTURA PUBLIC NOTICE NOTICE OF ADOPTION OF SIGN CODE The City of Aventura proposes to adopt the following Ordinance: AN ORDINANCE OFTHE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING SIGN CODE REGULATIONS; PROVIDING FOR PURPOSE; PROVIDING FOR DEFINITIONS: PROVIDING FOR PROHIBITED SIGNS,; PROVIDING FOR REQUIRED SIGNS; PROVIDING FOR SIGNS NOT REQUIRING A PERMIT; PROVIDING FOR RESIDENTIAL DISTRICT PERMANENT SIGNS; PROVIDING FOR NON-RESIDENTIAL DISTRICT SIGNS; PROVIDING FOR TEMPORARY SIGNS; PROVIDING FOR SUPPLEMENTAL REGULATIONS; PROVIDING FOR SIGN PERMITS; PROVIDING FOR NON- CONFORMING SIGNS; PROVIDING FOR SIGN MAINTENANCE; PROVIDING FOR REMOVAL OF IMPROPER SIGNS; PROVIDING FOR REPLACEMENT OF SIGN CODE PROVISIONS PROVIDED BY METROPOLITAN DADE COUNTY CODE SECTIONS 33-82 TO 33-121.27; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. A. Public Hearing for second reading of the Ordinance will be held on Tuesday June 3, 1997, at 7 p.m. at the Columbia Aventura Medical Center, located at 21110 Biscayne Boulevard, Suite .101, Aventura, Florida. The ~3roposed Ordinance m.a.y be inspected by the public at the.Office of the City Clerk, 2999 N.E. 191st Street, Suite 500, Aventura, Florida. Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinance. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need speci.al 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 pe~on decides to appeal any decision made by th.e C~ty Council with respect to any matter considered at a meeting or hearing, that pemon will need a record of the proceedings and, for such purpose, may need to en. sure that a. verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Dated this May 9, 1997 Teresa M. Smith, CMC, City Clerk May 21, 1997 City of Aventura Oovermnetu Center 2999 N.E. 191st Street Suite 500 Aventura, Florida 33180 Re: Public Hearing on June 3, 1997 for Trafalgar Associates of Aventura, Ltd. I will not be able to be at the heanng, but I definitely object to the reduction of the conservation area for the purpose of increasing the residential area. One of the reasons that I voted for the incorporation of Aventura was the belief that a local entity would be concerned about zoning, land use and land preservation. Trafalgar is a well known, experienced residential developer. The company was aware of the size of the tract of land that they had bought and was responsible for building and planning within the confines of that purchase. Aventura has many; many condominiums and community associations within its boundaries but precious little undeveloped land for the enjoyment of residents. Parks will be a welcome addition, of course. But there is also a need for a qmet oasis where someone can drop a line in the water or watch the birds that have made this place their habitat--and it is such a relatively small area. I am a 33-year full time resident of Dade County, and I have seen developers gol~le up the land, not always to the benefit of those who don't live within their particular developments. Monied developers almost always get what they want in Dade County and I expect that this pattern will not change in Aventura. It is not likely that many people will trouble themselves aborn this issue to either come to to the heating or write to the Council. I just want you to know that there are some residents who care deeply about our environment and I hope that these sentiments will be echoed somewhere within the City Council as well. Sincerely, 3731 N. Country Club Drive, #816 Aventura, Florida 33180 May 27, 1997 Mayor, Vice Mayor, Council Members & City Manager City of Aventure Community Development Department 2999 N.E. 191 Street, Suite 500 Aventura, FL 33180 Re: Application Number: 01-MRC-96 Applicant Request ' Reduction of conservation area in order to increase open space of residential area. Dear City of Aventura: I, Dr. Alberta Goodman, a resident of the City of Aventura oppose any reduction of the conservation area lying between NE 30 Avenue and NE 34 Avenue between NE 207 Street and NE 213 Street. Sincerely, Dr. Alberta Goodman A concerned resident of the Oity of Aventura May 27, 1997 Mayor, Vice Mayor, Council Members & City Manager City of Aventure Community Development Department 2999 N.E. 191 Street, Suite 500 Aventura, FL 33180 Re: Application Number: AppliCant Request · 01-MRC-96 Reduction of conservation area in order to increase open space of residential area. Dear City of Aventura: I, Ms. Henrietta Goodman, a resident of the City of Aventura oppose any reduction of the conservation area lying between NE 30 Avenue and NE 34 Avenue between NE 207 Street and NE 213 Street. S, incerely, ¢'""x ,, -TCls. Henrietta Goodman A concerned resident of the City of Aventura ~EC£1VED MAY 2 9 1997 OFFICE OF THE C~TY MANAGER MIAMI DALLY BUSINESS REVIEW Pubtished Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Be/ore the underatgned authority personally appeared Octeema V. Felbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Ffurlda; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA PUBLIC NOTICE OF PROPOSED ORDINANCES JUNE 3, 1997 In the ....................... .)~.~ [,~ ~[.l~ ...................................... Court, was pubNshed In said newspaper In the issues of May 22, 1997 Affiant further says that the said Miami Dally Business Review le · newspaper published at Miami In said Dada County, Florida, end that the seld newspaper has heretofore been contlnuouMy publlahe¢l in said Dadv County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entarod aa second class mall meeter ee the poet office in Miami in seld Sape County, Florida, for a pedod o! one year next preoecllng the first publlceelon of the attached copy o/~dvertleament; and affiant lurther says thee she has neither paid nor promised any Pa~.rsmT,'Tl~ or corporation any diaco. J~rabeee, commia~_ 91' refund yor the purpose of eeo n edvertlea ion In the said ne - 8~ ,.,.,.,.,.,.,.,.,.~t o and aubecdhe~lJra~fore me this / May //2 97 (SEAL) RY P OFFICIAL NOIARY SE L JA.E. LLERE.A ?/~^ -~ ~_~ MY COMMISSION EXPIRES '<'OF F%O'' JUNE 23,2000 CiTY OF AVENTURA PUBLIC NOTICE OF PROPOSED ORDINANCES NOTICE IS HEREBY GIVEN that on Tuesday, the 3rd day of June, 1997, et ameeeing of the City Council of the City of Aventura, to be held at 6:00 p.m. in the Council Meeting Room at the Columbia Aven- fura Hospital and Medical Center, 21110 Biscayne Boulevard, Suite 101, Aventura, F~orida, the City Council will consider the adoption of the following Ordinances on second reading, entitled: AN ORDINAN(~E OF THE CL'[:Y ~)E. Av~ FLORIDA; ADOPTING ORDINANCE CONCERNING ZONING PURSU- ANT TO SECTION 8.03 OF THE CITY CHARTER, AMEND- lNG METROPOLITAN DADE COUNTY ZONING CODE AS APPLICABLE TO CITY OF AVENTURA; PROVIDING FOR PUBLIC HEARINGS AND NOTICE OF PUBLIC HEARINGS; PROVIDING FOR REPEAL AND REPLACEMENT OF SECTION 33-310 OF THE METROPOLITAN DADE COUNTY ZONING CODE CONCERNING PUBLIC HEARINGS; SUB- STITUTING CITY COUNCIL AND DESIGNATED CITY OF- FICIALS FOR COUNTY AGENCIES AND OFFICIALS, PROVIDING FOR AUTHORITY FOR REVIEW OF PUBLIC HEARING APPLICATIONS, ZONING VARIANCES, SPECIAL EXCEPTIONS AND OTHER QUASI-JUDICIAL ACTION WITHIN THE SCOPE OF CHAPTER 33 'ZONING" OF THE COUNTY CODE AS MADE APPLICABLE TO THE CITY; PROVIDING FOR REPEAL OF ZONING AND PLANNING TRANSITIONAL ORDINANCE; DESIGNATED AS ORDI- NANCE NO 96-08 UPON THE SAME SUBJECT MATTER; PROVIDING FOR SEVEHABILITY; PROVIDING FOR SAV- INGS CLAUSE AND RATIFICATION OF PRIOR ADMINIS- TRATIVE ACTION; PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 96- 18, WHICH ORDINANCE ADOPTED A BUDGET FOB THE 1996/97 FISCAL YEAR BY REVISING THE 1996/97 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT #A' ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVID- ING FOR AN EFFECTIVE DATE The proposed Ordinances may he inspected by the public at the Of- rice of the City Clerk; 2999 N.E. 19~st Street, Suite 500, Aventura, Florida. Interested padies may appea~ at the Public Hearing and be heard with respect to the proposed Ordinance. Any person wishing to address the City Council on any item at this Public Hearing is asked to register ~Vrih the City Clerk pdor to that item being heard. In accordance with the Americans with Disabilities ACt of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the City Clerk, 466-8901, not later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City 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, whic~ record includes the testimony and evidence upon which the appeal is to be based. Dated this 22nd day of May, 1997. Teresa M. Smith, CMC, City Clerk 5/22 97-4-052292M F__ORM "A" CITY OF AVENTURA Ordlnanc= D~ Disclosure of Verbal Contact Agenda Item: Item No. $~ of ~ $ , 1992 agenda of ~ 0~/ body Date of Verbal Communication: .~/~? Identity of Person or Entity Making communciation: ~-~ Subject and Substance of Communication: Respectfully, Council or Board Member communication '. Receivin$ Filed this ~ day of /~-- %. Clerk/Secretary FORM "A" CITY OF AVENTURA Disclosure of Verbal Contact Agenda Item: Item No. BC . of ./~n,~ ~bbOdy(~F of j · 1992 agenda Date of Verbal Communication: on or Entity Making Communciation: Identity of Pervo Subject and Substance of Communication: Respectfully, council or Board Member communication: Name . ~Signatur~ Receiving Filed this Clerk/Secretary FORM "A" CITY OF AVENTURA ordinance 96- Disclosure of Verbal Contact Agenda Item: Item No. body Date of Verbal Communication: 199'! agenda Identity of Person or Entity Making communciation: Subject and Substance of Communication: Filed this Respectfully, Council or communication: Board Member Nam~ ,:~ > /~ (,z S~ture of Clerk/Secretary Receivin~ FORM "A" CITY OF AVENTURA Ordinance 96-__ Agenda Item: of Date of Verbal Disclosure of Verbal Contact Item No. 3~ of body communication: · 199_ agenda Identity of Person or Entity Making Communciation: Subject and Substance of communication: Filed this Respectfully, Council or communication: Board Member Name Signature Clerk/Secretary Receiving FORM "A" CITY OF AVENTURA Ordinance 96- Disclosure of Verbal Contact Agenda Item: Item No. ~; body , 199~agenda Identit~.o~ Person o~ Entity Making Communciation: Subject and Substance of communication: Respectfully, Council or Board Member Receiving Communication :~ ~ / _ Filed this Signature Clerk/Secretary FORM "A" crTY OF AVENTURA Ordinance 96- Disclosure of Verbal Contact ,'-, Agenda Item: of Item No. ~ /:-5 of ,~ ~ /7 , 199'-: agenda ,~ body Date of Verbal Communication: , I' ./ .... '7 'I Identity of Person o~nl't~t~):'~i~.;~~~n~iation: Subject and substance of Communication: ., (//,A/ (~?A:,JJ/~1' /.~'Cilr-/ ,{RA /1 Respectfully, Councilor Communication: / "l'd /~ K Board Member Receiving /' . ....-.....; si~natur~i,5 / ,// /' y' yCi'2 J.." I< (~ /~~/ - J c,7 Name Filed this ~ d'YJif~"'-' Clerk/Secretary , 19U. Law Offices HOLLAND & KNIGHT ARegistered Limited Liability Partnership One East Broward Boulevard R O Box 14070 (ZIP 33302-4070) Foal Lauderdale, Florida 33301 954-525-1000 FAX 954 463-2030 June 3, 1997 Atlanta Orlando Boca Raton St. Petersburg Fort Lauderdale Tallahassee Jacksonville Tampa Lakeland Washington, D.C. Miami West Palm Beach JO~L K. GUS~AFSON 954-468-7865 Luteraet Ad~h~ss: jgu~tafi~@kklaw.com VIA FAX AND HAND DELIVERY Richard Jay Weiss, Esquire Weiss, Serota& Helfman 2665 South Bayshore Drive Suite 420 Miami, FL 33133 Re: Proposed Sign Ordinance Dear Mr. Weiss: The law firm of Holland & Knight LLP represents The Sports Authority ("TSA"). TSA has some concerns regarding the sign ordinance being proposed by the City of Aventura (the "City"). Specifically, TSA believes that the amortization period of three (3) years set out in the proposed ordinance is insufficient and unreasonable because it does not allow TSA sufficient time to recoup its initial investment or minimize its loss in the signs at its Aventura location. As you are aware, amortization periods provide a grace period for the continued existence of nonconforming uses during which time the use operator can recoup money spent on the use before the use terminates -- or "amortize the investment". Amortization periods are used as a substitute for payment of compensation associated with blanket prohibitions on non-conforming uses as of the date of ordinance enactment, in order to avoid offending federal and state guarantees of due process. See, e.g., Naegele Outdoor Advertising, Inc. v. City of Durham, 803 F.Supp. 1068, 1077 (M.D.N.C. 1992), aff'd, 19 F.3d 11 (4th Cir. 1994), cert. denied, 513 U.S. 928 (1994); SDJ, Inc. v. City of Houston, 636 F.Supp. 1359, 1371 (S.D. Tex. 1986)(use of reasonable amortization scheme is equitable means of reconciling the conflict of interest between the public and the nonconforming use), affd, 837 F.2d 1268 (5th Cir. 1988); see also Zitter, J., '~Validity of Provisions for Amortization of Nonconforming Uses," 8 A.L.R. 5th 391 (1993), § 2. Richard Jay Weiss, Esquire June 3, 1997 Page 2 The courts of Florida and other jurisdictions~ have taken the position that amortization provisions must be reasonable in order to be valid. T-Marc, Inc. v. Pinellas CounW, 804 F.Supp. 1500, 1504 (M.D. Fla. 1992); SDJ, Inc., 636 F.Supp. at 1371. For an amortization period to be valid, it must give the property owner a reasonable opportunity to recoup or minimize the loss of use of his property by the end of the amortization period. Naegele Outdoor Advertising, Inc., 803 F.Supp. at 1077; see also T-Marc, Inc., 804 F.Supp. at 1503; SDJ, Inc., 636 F.Supp. at 1370 (adopting definition of "recouping investment" as recovery -- by a subsequent gain -- of an expenditure made to acquire property or other assets in order to produce revenue and finding recoupment of investment to be the "major consideration in determining the reasonableness of an amortization provision"). In making this reasonableness determination, courts consider a number of factors, including the following: (i) the amount of the initial investment in the use; (ii) the length of the amortization period; (iii) the nature, location and character of the nonconforming use; (iv) the part of the user's total business affected by termination of the use, including the loss of revenue as a result of the ordinance; and (v) the salvage value, replacement cost, remaining useful life, and depreciation value for tax and other purposes, including the degree to which the signs have been fully depreciated. The City's new sign ordinance applies to on-site business signs rather than off- site billboard signs. On-site signs are entitled to greater solicitude from regulatory authorities. See United Advertising Corp. v. Borough of Raritan, 93 A.2d 362, 365 (N.J. 1952)("It]he business sign is in actuality a part of the business itself, just as the structure housing the business is a part of it, and the authority to conduct the business 1Amortization pefied~ are designed to prevent unconstitutional takings under both the Florida and the federal constitutions. See, e.g., T.~m~ Advertising Associates of East Florida, Ltd. v. City of Daytona Beach, 450 So.2d 1145, 1150 n. 5 (Fla. 5th DCA 1984), rev. denied, 458 So.2d 272 (Fla. 1984). Thus, decisions of federal courts and courts of other jurisdictions on the reasonableness of amortization periods are persuasive authority. Richard Jay Weiss, Esquire June 3, 1997 Page 3 in a district carries with it the right to maintain a business sign on the premises subject to reasonable regulations"). In addition, and unlike billboard signs, TSA's nonconforming uses terminated by the City's proposed ordinance are not inherently revenue-generating. Thus, because TSA is unable to recoup its investment by obtaining revenue as a result of the use, the amortization period must be at least long enough to allow TSA to reasonably depreciate its investment in the signs. The costs associated with the signage includes original construction cost, removal cost and replacement cost. The proposed sign ordinance affects all three existing signs at the Aventura location. This includes the removal and/or replacement of a pylon sign and two wall signs. The initial cost of all three signs at the Aventura location was approximately $56,000.00. The depreciation schedule for both the attached (i.e., wall signs) and detached signs (i.e., pylon signs) is 120 months or ten (10) years. If the City's new sign ordinance is passed with a three (3) year amortization period, TSA will only recoup approximately fifty percent of the value of its initial investment in the signs. In addition to the loss of its initial investment, TSA will incur costs to remove the signs in excess of $10,000.00 and costs to replace the signs with signs that conform with the proposed sign ordinance. Furthermore, the cost to remove the signs is greater than the average salvage value of the sign parts that would be removed. Even if salvaged parts could be used at other locations in other areas, that use is impractical due to the costs of storage, shipment and probability of damage in transit. Additionally, it is highly unlikely that the signs could be reused since the signs were specifically designed for the Aventura location. Therefore, the unusable signs have no salvage value. Based on the foregoing case law and factual analysis, we submit that a three (3) year amortization period is unreasonable and does not provide a sufficient length of time for TSA to recoup its investment in the signs at its Aventura location. We encourage the City not to adopt an amortization approach, but to "grandfather" existing signs that will become non-conforming under the proposed sign ordinance. However, if the City decides to go forward with an amortization schedule, TSA submits that a seven (7) year period is more reasonable and would allow TSA to recoup at least some of the costs associated with the initial acquisition and installation of the signs, as well as removal and replacement of the signs. Richard Jay Weiss, Esquire June 3, 1997 Page 4 We hope that the information provided in this letter is helpful. If you require any additional information, please do not hesitate to contact our office. Very truly yours, HOLLAND ~ KNIGHT ~LP .: ,,:./I,.1, / ::: ; ,, /"/::;f/; ? / 2:'~. . ~ ,," - /r-'~or the Firm / cc: David M. Wolpin, Esquire FTL 1-247189.